[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)] [Notices] [Pages 13976-14383] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 05-5041] [[Page 13575]] ----------------------------------------------------------------------- Part II Department of Housing and Urban Development ----------------------------------------------------------------------- Notice of HUD's Fiscal Year 2005 Notice of Funding Availability Policy Requirements and General Section to the SuperNOFA for HUD's Discretionary Programs; Notice Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices [[Page 13576]] ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-4950-N-01] Notice of HUD's Fiscal Year 2005 Notice of Funding Availability Policy Requirements and General Section to the SuperNOFA for HUD's Discretionary Programs AGENCY: Office of the Secretary, HUD. ACTION: Notice of HUD's fiscal year (FY) 2005 Notice of Funding Availability (NOFA) policy requirements and general section to the FY2005 SuperNOFA for HUD's discretionary programs (notice). ----------------------------------------------------------------------- Overview Information A. Federal Agency Name: Department of Housing and Urban Development (HUD), Office of the Secretary. B. Funding Opportunity Title: Policy requirements applicable to all HUD Federal financial assistance programs issued through a NOFA during FY2005. C. Announcement Type: Initial announcement of the general policy requirements that apply to all HUD federal financial assistance NOFAs for FY2005 issued simultaneously with or after the publication of this notice. D. Funding Opportunity Number: FR 4950-N-01. E. Catalog of Federal Domestic Assistance (CFDA) Number: A CFDA number is provided for each HUD federal financial assistance program. When using ``Apply Step 1'' on the Grants.gov Web site to download an application you will be asked for the CFDA number. Please refer to the program NOFA for the CFDA number assigned to the program(s) for which you wish to apply. F. Dates: The key dates that apply to all HUD federal financial assistance made available through HUD's FY2005 NOFAs are found in each individual program NOFA and Appendix A to this General Section. G. Optional, Additional Overview Content Information: Unless otherwise stated, HUD's general policy requirements set forth in this notice apply to all HUD federal financial assistance made available through HUD's FY2005 NOFAs. These policies cover those NOFAs issued through this SuperNOFA as well as those issued after publication of this SuperNOFA in the Federal Register. Full Text of Announcement I. Funding Opportunity Description This notice provides information regarding HUD's FY2005 policy requirements applicable to all of HUD's Federal financial assistance programs announced through NOFAs published along with this notice and any subsequent NOFA published for FY2005. Each such NOFA will provide a description of the specific requirements for the program for which funding is made available and each will refer to applicable policies contained in this notice. Each program NOFA will also describe additional procedures and requirements that apply to the individual program NOFA, including a description of the eligible applicants, eligible activities, threshold requirements, factors for award, and any additional program requirement or limitation. To ensure that you are able to adequately address all of the application requirements for any program for which you intend to apply, please be sure you carefully read and respond to both this notice of HUD's NOFA policy requirements and the individual program NOFAs. Authority. HUD's authority for making funding available under its FY2005 programs is identified in each program NOFA under the section entitled ``Funding Opportunity Description.'' II. Award Information Funding Available. Each program NOFA will identify the estimated amount of funds available in FY2005, either as a result of the enactment of a HUD appropriations act or based upon available appropriations and any funds from previous years available for award in FY2005. The FY2005 SuperNOFA contains 53 funding opportunities composed of programs and program components totaling approximately $2.26 billion. As a service to our customers, Appendix A of this notice contains a chart of the estimated amount of funds being made available in HUD's SuperNOFA for FY2005. If HUD recaptures funds in any program, HUD reserves the right to increase the available funding for the applicable program by those amounts. Note that additional NOFAs may be issued separately from the issuance of the FY2005 SuperNOFA. III. Eligibility Information A. Eligible Applicants The individual program NOFAs describe the eligible applicants and eligible activities for each program. B. Cost Sharing or Matching The individual program NOFAs describe the applicable cost sharing, matching requirements, or leveraging requirements related to each program, if any. C. Other Requirements and Procedures Applicable to All Programs Except as may be modified in the individual program NOFAs in FY2005, the requirements, procedures, and principles listed below apply to all programs in FY2005 for which funding is announced via NOFA and published in the Federal Register. Please read the individual program NOFAs for additional requirements or information. 1. Statutory and Regulatory Requirements To be eligible for funding under HUD NOFAs issued during FY2005, you, the applicant, must meet all statutory and regulatory requirements applicable to the program or programs for which you seek funding. If you need copies of the program regulations, they are available from the NOFA Information Center or through HUD's Grants Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. See the individual program NOFAs for instructions on how HUD will respond to proposed activities that are ineligible. 2. Threshold Requirements a. Ineligible Applicants. HUD will not consider an application from an ineligible applicant. b. Dun and Bradstreet Data Universal Numbering System (DUNS) Number Requirement. Any applicant seeking funding directly from HUD or other federal agencies must obtain a DUNS number and include the number in its Application for Federal Assistance submission. Failure to provide HUD a DUNS number will prevent you from obtaining an award, regardless of whether it is a new award or renewal of an existing award. Individuals who personally apply for Federal financial assistance, apart from any governmental, business, or nonprofit organization they may represent, are excluded from the requirement to obtain a DUNS number. This policy is pursuant to the Office of Management and Budget (OMB) Policy issued in the Federal Register on June 27, 2003 (68 FR 38402). HUD's regulation implementing the DUNS Number requirement for its programs was issued on an interim basis in the Federal Register on March 26, 2004 (69 FR 15671) and published as a final rule on November 9, 2004 (69 FR 65024). A copy of the OMB Federal Register notice and HUD's regulation implementing the DUNS number can be found on HUD's Web site at http://www.hud.gov/offices/adm/grants/ [[Page 13577]] duns.cfm. Applications received electronically cannot be submitted without a DUNS number entry. For applicants that are provided a waiver to the requirement for electronic submission, failure to provide a DUNS number with the application submission will be treated as a technical deficiency to the application. If the DUNS number is not provided within the cure period (see Section V.B.4, ``Corrections to Deficient Applications''), the application will not be funded. Also, see Section IV.F, ``Other Submission Requirements,'' for additional information regarding the DUNS requirement. The Web site at http://www.grants.gov/ GetStarted provides step-by-step instructions for obtaining a DUNS number as well as procedures for registering in the Central Contractor Registry and receiving credentials from the Grants.gov E-Authentication provider. The registration in the Central Contractor Registry and the E-Authentication credentials are not necessary for submitting a paper copy application to HUD; only the DUNS number is required. Central Contractor Registration is required for submittal of electronic grant applications through the Grants.gov portal. For FY2005 electronic submission is mandatory unless the applicant receives a waiver of the requirement. Procedures for obtaining a waiver are contained in Section IV, Application and Submission Information, of this General Section. The Continuum of Care NOFA is the only program in the SuperNOFA that has retained the paper application process in 2005. Applicants for the Continuum of Care NOFA should follow the submission and timely receipt requirements in the Continuum of Care Program Section of the SuperNOFA. c. Compliance with Fair Housing and Civil Rights Laws. (1) With the exception of federally recognized Indian tribes and their instrumentalities, all applicants must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a), as applicable. If you are a federally recognized Indian tribe, you must comply with the nondiscrimination provisions enumerated at 24 CFR 1000.12, as applicable. In addition to these requirements, there may be program-specific threshold requirements identified in the individual program NOFAs. (2) If you, the applicant: (a) Have been charged with an ongoing systemic violation of the Fair Housing Act; or (b) Are a defendant in a Fair Housing Act lawsuit filed by the Department of Justice alleging an ongoing pattern or practice of discrimination; or (c) Have received a letter of findings identifying ongoing systemic noncompliance under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, or Section 109 of the Housing and Community Development Act of 1974, and the charge, lawsuit, or letter of findings referenced in subparagaph (a), (b), or (c) above has not been resolved to HUD's satisfaction before the application deadline, then you are ineligible and HUD will not rate and rank your application. HUD will determine if actions to resolve the charge, lawsuit, or letter of findings taken prior to the application deadline are sufficient to resolve the matter. Examples of actions that would normally be considered sufficient to resolve the matter include, but are not limited to: (i) A voluntary compliance agreement signed by all parties in response to a letter of findings; (ii) A HUD-approved conciliation agreement signed by all parties; (iii) A consent order or consent decree; or (iv) An issuance of a judicial ruling or a HUD Administrative Law Judge's decision. d. Conducting Business in Accordance with Core Values and Ethical Standards. Entities subject to 24 CFR parts 84 and 85 (most nonprofit organizations and state, local, and tribal governments or government agencies or instrumentalities that receive federal awards of financial assistance) are required to develop and maintain a written code of conduct (see 24 CFR 84.42 and 85.36(b)(3)). Consistent with regulations governing specific programs, your code of conduct must prohibit real and apparent conflicts of interest that may arise among officers, employees, or agents; prohibit the solicitation and acceptance of gifts or gratuities by your officers, employees, or agents for their personal benefit in excess of minimal value; and outline administrative and disciplinary actions available to remedy violations of such standards. If awarded assistance under a HUD program NOFA announced in FY2005, you will be required, prior to entering into an agreement with HUD, to submit a copy of your code of conduct and describe the methods you will use to ensure that all officers, employees, and agents of your organization are aware of your code of conduct. Failure to meet the requirement for a code of conduct will prohibit you from receiving an award of funds from HUD. If you submitted an application to HUD during FY2004 that included a code of conduct , and it has been identified by HUD on its Web site at http://www.hud.gov/grants/index.cfm, and if that information is still valid, you will not have to resubmit another copy. However, if your code of conduct is not listed as received on the HUD Web site, or if the information you submitted has changed (e.g., the person who submitted the previous application is no longer your authorized organization representative, the organization has changed its legal name or merged with another organization, or the address of the organization has changed, etc.), you must submit your current code of conduct with your 2005 application for assistance. e. Delinquent Federal Debts. Consistent with the purpose and intent of 31 U.S.C. 3720B and 28 U.S.C. 3201(e), no award of federal funds will be made to an applicant that has an outstanding delinquent federal debt unless (1) the delinquent account is paid in full, (2) a negotiated repayment schedule is established and the repayment schedule is not delinquent, or (3) other arrangements satisfactory to HUD are made prior to the deadline submission date. f. Pre-Award Accounting System Surveys. HUD may arrange for a pre- award survey of the applicant's financial management system in cases where the recommended applicant has no prior federal support, HUD's program officials have reason to question whether the applicant's financial management system meets federal financial management standards, or the applicant is considered a high risk based upon past performance or financial management findings. HUD will not disburse funds to any applicant that does not have a financial management system that meets federal standards. g. Name Check Review. Recommended applicants are subject to a name check review process. Name checks are intended to reveal matters that significantly reflect on the applicant's management and financial integrity, or if any key individual has been convicted or is presently facing criminal charges. If the name check reveals significant adverse findings that reflect on the business integrity or responsibility of the applicant or any key individual, HUD reserves the right to (1) deny funding or consider suspension or termination of an award immediately for cause, (2) require the removal of any key individual from association with management or implementation of the award, and (3) make appropriate provisions or revisions with respect to the method of [[Page 13578]] payment or financial reporting requirements. h. False Statements. A false statement in an application is ground for denial or termination of an award and grounds for possible punishment as provided in 18 U.S.C. 1001. i. Prohibition Against Lobbying Activities. You, the applicant, are subject to the provisions of Section 319 of Public Law 101-121 (approved October 23, 1989) (31 U.S.C. 1352) (the Byrd Amendment), which prohibits recipients of federal contracts, grants or loans from using appropriated funds for lobbying the executive or legislative branches of the federal government in connection with a specific contract, grant, or loan. In addition, you must disclose, using Standard Form LLL, ``Disclosure of Lobbying Activities,'' any funds, other than federally appropriated funds, that will be or have been used to influence federal employees, members of Congress, or congressional staff regarding specific grants or contracts. Federally recognized Indian tribes and tribally designated housing entities (TDHEs) established by federally recognized Indian tribes as a result of the exercise of the tribe's sovereign power are excluded from coverage of the Byrd Amendment, but state-recognized Indian tribes and TDHEs established only under state law must comply with this requirement. You must submit the SF-LLL if you have used or intend to use federal funds for lobbying activities. j. Debarment and Suspension. In accordance with 24 CFR part 24, no award of federal funds may be made to applicants that are presently debarred or suspended, or proposed to be debarred or suspended, from doing business with the federal government. This requirement applies to all lower-tier covered transactions and to all solicitations for lower- tier covered transactions. The prohibition includes the following: (1) Having principals who, within the previous three years, have 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, violation of federal or state anti-trust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (2) Charges or indictments by a governmental entity (federal, state, or local) for commission of any of the above violations. 3. Other Threshold Requirements The individual program NOFAs for which you are applying may specify other threshold requirements. Additional threshold requirements may be identified in the discussion of ``eligibility'' requirements in the individual program NOFAs. If a program NOFA requires a certification of consistency with the Consolidated Plan and the applicant fails to provide a certification, and such failure is not cured as a technical deficiency, HUD will not fund the application. If HUD is provided a signed certification indicating consistency with the area's approved Consolidated Plan and HUD finds that the activities are not consistent with the Consolidated Plan, HUD will not fund the inconsistent activities or will deny funding the application if a majority of the activities are not consistent with the approved Consolidated Plan. The determination not to fund an activity or to deny funding may be determined by a number of factors including, the number of activities being proposed, the impact of the elimination of the activities on the proposal, or the percent of the budget allocated to the proposed activities. 4. Additional Nondiscrimination and Other Requirements You, the applicant, and your subrecipients must comply with: a. Civil Rights Laws, including the Americans with Disabilities Act of 1990 (42 U.S.C. 1201 et seq.), the Age Discrimination Act of 1974 (42 U.S.C. 6101 et seq.), and Title IX of the Education Amendments Act of 1972 (20 U.S.C. 1681 et seq.). b. Affirmatively Furthering Fair Housing. Under Section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funding recipients. If you are a successful applicant, you will have a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. Protected classes include race, color, national origin, religion, sex, disability, and familial status. Unless otherwise instructed in the individual program NOFA, your application must include specific steps to: (1) Overcome the effects of impediments to fair housing choice that were identified in the jurisdiction's Analysis of Impediments (AI) to Fair Housing Choice; (2) Remedy discrimination in housing; or (3) Promote fair housing rights and fair housing choice. Further, you, the applicant, have a duty to carry out the specific activities provided in your responses to the individual program NOFA rating factors that address affirmatively furthering fair housing. These requirements apply to all HUD programs announced via a NOFA, unless specifically excluded in the individual program NOFA. c. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Certain programs to be issued during FY2005 require recipients of assistance to comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic Opportunities for Low- and Very Low-Income Persons in Connection With Assisted Projects), and the HUD regulations at 24 CFR part 135, including the reporting requirements at subpart E. Section 3 requires recipients to ensure that, to the greatest extent feasible, training, employment, and other economic opportunities will be directed to low- and very-low-income persons, particularly those who are recipients of government assistance for housing, and business concerns that provide economic opportunities to low- and very low-income persons. Review the individual program NOFAs to determine if Section 3 applies to the program for which you are seeking funding. d. Ensuring the Participation of Small Businesses, Small Disadvantaged Businesses, and Women-Owned Businesses. HUD is committed to ensuring that small businesses, small disadvantaged businesses, and women-owned businesses participate fully in HUD's direct contracting and in contracting opportunities generated by HUD financial assistance. Too often, these businesses still experience difficulty accessing information and successfully bidding on federal contracts. State, local, and tribal governments are required by 24 CFR 85.36(e) and nonprofit recipients of assistance (grantees and sub-grantees) by 24 CFR 84.44(b) to take all necessary affirmative steps in contracting for the purchase of goods or services to assure that minority firms, women's business enterprises, and labor surplus area firms are used whenever possible or as specified in the individual program NOFAs. e. Relocation. The relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementing government-wide regulation at 49 CFR part 24 cover any person who moves permanently from real property or moves personal property from real [[Page 13579]] property directly because of acquisition, rehabilitation, or demolition for an activity undertaken with HUD assistance. Some HUD program regulations also cover persons who are temporarily relocated. For example, 24 CFR 570.606(b)(2)(i)(D)(1), (2), and (3) provide guidance on temporary relocation for the Community Development Block Grants (CDBG) program. Applicants should review the regulations for the programs for which they are applying when planning their project. f. Executive Order 13166, ``Improving Access to Services for Persons With Limited English Proficiency (LEP).'' Executive Order 13166 seeks to improve access to federally assisted services, programs, and benefits for individuals with limited English proficiency. Applicants obtaining an award from HUD must seek to provide access to program benefits and information to LEP individuals through translation and interpretive services in accordance with LEP guidance published on December 19, 2003 (68 FR 70968). For assistance and information regarding your LEP obligation, go to http://www.lep.gov. g. Executive Order 13279, ``Equal Protection of the Laws for Faith- Based and Community Organizations.'' HUD is committed to full implementation of Executive Order 13279. The Executive Order established fundamental principles and policymaking criteria to guide federal agencies in formulating and developing policies that have implications for faith-based and community organizations to ensure the equal protection for these organizations in social services programs receiving federal financial assistance. Consistent with this order, HUD has undertaken a review of all policies and regulations that have implications for faith-based and community organizations and has established a policy priority to provide full and equal access to grassroots faith-based and other community-based organizations in HUD program implementation. On September 30, 2003 (68 FR 56396), HUD issued a final rule to remove barriers to the participation of faith-based organizations in eight HUD programs. On March 3, 2004 (69 FR 10126), HUD published a proposed rule clarifying that the requirements contained in the September 30, 2003, final rule regarding the equal participation of faith-based organizations in certain HUD programs also applied to the State Community Development Block Grant (State CDBG) Program. On July 9, 2004 (69 FR 41712), HUD issued a final rule that extended the provisions of the equal treatment of faith-based organizations to all HUD programs. Copies of the regulatory changes can be found at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. h. Accessible Technology. Section 508 of the Rehabilitation Act (Section 508) requires HUD and other federal departments and agencies to ensure, when developing, procuring, maintaining or using electronic and information technology (EIT), that the EIT allow, regardless of the type of medium of technology, persons with disabilities access to and use of information and data on a comparable basis as is made available to and used by persons without disabilities. Section 508's coverage includes, but is not limited to, computers (hardware, software, word- processing, e-mail, and web pages), facsimile machines, copiers, and telephones. Among other things, Section 508 requires that unless an undue burden would result to the federal department or agency, electronic and information technology allow individuals with disabilities who are employees or members of the public seeking information or services, to have access to and use of information and data that is comparable to that of employees and members of the public who are not disabled. Where an undue burden exists to the federal department or agency, alternative means may be used to allow a disabled individual use of the information and data. Section 508 does not require that information services be provided at any location other than a location at which the information services are generally provided. HUD encourages its funding recipients to adopt the goals and objectives of the Section 508 by ensuring, whenever EIT is used, procured, or developed, that persons with disabilities have access to and use of the information and data made available through the EIT on a comparable basis as is made available to and used by persons without disabilities. This does not affect recipients required compliance with Section 504 of the Rehabilitation Act and, where applicable, the American with Disabilities Act. i. Procurement of Recovered Materials. State agencies and agencies of a political subdivision of a state that are using assistance under a HUD program NOFA for procurement, and any person contracting with such an agency with respect to work performed under an assisted contract, must comply with the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. In accordance with Section 6002, these agencies and persons must procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired in the preceding fiscal year exceeded $10,000; must procure solid waste management services in a manner that maximizes energy and resource recovery and must have established an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. j. Participation in HUD-Sponsored Program Evaluation. As a condition of the receipt of financial assistance under a HUD program NOFA, all successful applicants will be required to cooperate with all HUD staff or contractors performing HUD-funded research or evaluation studies. k. Executive Order 13202, ``Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects.'' Compliance with HUD regulations at 24 CFR 5.108 that implement Executive Order 13202 is a condition of receipt of assistance under a HUD program NOFA. l. Salary Limitation for Consultants. FY2005 funds may not be used to pay or to provide reimbursement for payment of the salary of a consultant whether retained by the federal government or the grantee at more than the daily equivalent of the rate paid for level IV of the Executive Schedule, unless specifically authorized by law. m. OMB Circulars and Government-wide Regulations Applicable to Financial Assistance Programs. Certain OMB Circulars also apply to HUD programs in this SuperNOFA. The policies, guidance, and requirements of OMB Circulars A-87 (Cost Principles Applicable to Grants, Contracts and Other Agreements with State and Local Governments), A-21 (Cost Principles for Education Institutions), A-122 (Cost Principles for Nonprofit Organizations), A-133 (Audits of States, Local Governments, and Non-Profit Organizations), and the regulations at 24 CFR part 84 (Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations), and 24 CFR part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments), may apply [[Page 13580]] to the award, acceptance, and use of assistance under the individual program NOFAs of this SuperNOFA, and to the remedies for noncompliance, except when inconsistent with the provisions of HUD's appropriations act for 2005, other federal statutes or regulations, or the provisions of this SuperNOFA notice. Compliance with additional OMB Circulars or government-wide regulations may be specified for a particular program in the Program Section of the Super NOFA. Copies of the OMB Circulars may be obtained from EOP Publications, Room 2200, New Executive Office Building, Washington, DC 20503, telephone (202) 395-3080 (this is not a toll-free number) or (800) 877-8339 (toll-free TTY Federal Information Relay Service) or from the Web site at http://www.whitehouse.gov/omb/ circulars/index.html. n. Environmental Requirements. If you become a recipient under one of HUD's programs that assist physical development activities or property acquisition, you are generally prohibited from acquiring, rehabilitating, converting, demolishing, leasing, repairing, or constructing property or committing or expending HUD or non-HUD funds for these types of program activities, until one of the following has occurred: (1) HUD has completed an environmental review in accordance with 24 CFR part 50; or (2) For programs subject to 24 CFR part 58, HUD has approved a recipient's Request for Release of Funds (Form HUD-7015.15) following a Responsible Entity's completion of an environmental review. You, the applicant, should consult the individual program NOFA for any program for which you are interested in applying to determine the procedures for, timing of, and any exclusions from environmental review under a particular program. For applicants applying for funding under the Section 202 Supportive Housing for the Elderly program or Section 811 Supportive Housing for Persons with Disabilities program, please note the environmental review requirements for these programs. o. Conflicts of Interest. If you are a consultant or expert who is assisting HUD in rating and ranking applicants for funding under this SuperNOFA or future NOFAs published in FY2005, you are subject to 18 U.S.C. 208, the federal criminal conflict of interest statute, and the Standards of Ethical Conduct for Employees of the Executive Branch regulation published at 5 CFR part 2635. As a result, if you have assisted or plan to assist applicants with preparing applications for programs in this SuperNOFA or NOFAs published in FY2005, you may not serve on a selection panel and you may not serve as a technical advisor to HUD. All individuals involved in rating and ranking HUD FY2005 NOFAs either published simultaneously with this notice or after the publication of this notice, including experts and consultants, must avoid conflicts of interest or the appearance of conflicts. Individuals involved in the rating and ranking of applications must disclose to HUD's General Counsel or HUD's Ethics Law Division the following information, if applicable: how the selection or non-selection of any applicant under this FY2005 Super NOFA will affect the individual's financial interests, as provided in 18 U.S.C. 208, or how the application process involves a party with whom the individual has a covered relationship under 5 CFR 2635.502. The individual must disclose this information prior to participating in any matter regarding a FY2005 NOFA. If you have questions regarding these provisions or if you have questions concerning a conflict of interest, you may call the Office of General Counsel, Ethics Law Division, at (202) 708-3815 (this is not a toll-free number). p. Drug-Free Workplace. If you receive an award of funds from HUD, you are required to provide a drug-free workplace. Compliance with this requirement means that you will: (1) Publish a statement notifying employees that it is unlawful to manufacture, distribute, dispense, possess, or use a controlled substance in the applicant's workplace and that such activities are prohibited. The statement must specify the actions that will be taken against employees for violation of this prohibition. The statement must also notify employees that as a condition of employment under the federal award that they are required to abide by the terms of the statement and that each employee must agree to notify the employer in writing of any violation of a criminal drug statute occurring in the workplace no later than five calendar days after such violation; (2) Establish an ongoing drug-free awareness program to inform employees about: (a) The dangers of drug abuse in the workplace; (b) The applicant's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, or employee maintenance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Notify the federal agency in writing within 10 calendar days after receiving notice from an employee of a drug abuse conviction or otherwise receiving actual notice of a drug abuse conviction. The notification must be provided in writing to HUD's Office of Departmental Grants Management and Oversight, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 3156, Washington DC 20410-3000, along with the following information: (a) The program title and award number for each HUD award covered; (b) The HUD staff contact name, phone, and fax numbers; and (c) A grantee contact name, phone, and fax numbers; and (4) Require that each employee engaged in the performance of the federally funded award be given a copy of the drug-free workplace statement required in item (1) and notify the employee that one of the following actions will be taken against the employee within 30 calendar days of receiving notice of any drug abuse conviction: (a) Institution of a personnel action against the employee, up to and including termination consistent with requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring that the employee participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. q. Safeguarding Resident/Client Files. In maintaining resident and client files, HUD funding recipients shall observe state and local laws concerning the disclosure of records that pertain to individuals. Further, recipients are required to adopt and take reasonable measures to ensure that resident and client files are safeguarded. IV. Application and Submission Information A. Addresses To Request Application Package This section describes how you may obtain application forms, additional information about the HUD program NOFAs, and technical assistance. Copies of the published NOFAs and application forms for HUD programs announced through NOFA may be downloaded from the grants.gov Web site at http://www.grants.gov/FIND and choose from links provided under the topic ``Search Grant Opportunities'', which allows you to do a basic search or to browse by category or agency. If you have difficulty accessing the [[Page 13581]] information, you may receive customer support from Grants.gov by calling its help line at (800) 518-GRANTS or sending an e-mail to [email protected]. The operators will assist you in accessing the information. If you do not have Internet access and you need to obtain a copy of the NOFA, you can contact HUD's NOFA Information Center toll- free at (800) HUD-8929. Persons with hearing or speech impairments may also call toll-free at (800) HUD-2209. 1. Application Kits There are no application kits for HUD programs. All the information you need to apply will be in the NOFA and available at http:// www.grants.gov/Apply. In response to concerns about the length of time it takes for the publication and dissemination of application kits, HUD has made an effort to improve the readability of its NOFAs and publish all required forms and formats for application submission in the Federal Register. The NOFAs and forms are available to be downloaded from http://www.grants.gov/Apply, click on Apply Step 1. Please pay attention to the submission requirements and format for submission specified in each program NOFA to ensure that you have submitted all required elements of your application. The published Federal Register document is the official document that HUD uses to solicit applications. Therefore, if there is a discrepancy between any materials published by HUD in its Federal Register publications and other information provided in paper copy, electronic copy, or at www.grants.gov, the Federal Register publication prevails. Please be sure to review your application submission against the requirements in the Federal Register file of the program NOFA or NOFAs to which you are responding by application. The instructions incorporated into the application found on Grants.gov/Apply contain the PDF files of the Federal Register publication. By accessing the information from the Internet at Grants.gov you will not have to wait for copies of the NOFAs or forms to begin to prepare your application for funding. HUD is continuing to streamline programs and application submission requirements and encourages the applicant community to offer additional suggestions. 2. Guidebook and Further Information A guidebook to HUD programs entitled, ``Connecting with Communities: A User's Guide to HUD Programs and the FY2005 NOFA Process,'' is available from the HUD NOFA Information Center and the HUD Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The guidebook provides a brief description of all HUD programs, identifies eligible applicants for the programs, and provides examples of how programs can work in combination to serve local community needs. You can also get a copy from the NOFA Information Center at (800) HUD- 8929, or for the hearing impaired, (800) HUD-2209 (TTY) (these are toll-free numbers). The NOFA Information Center is open between the hours of 10 a.m. to 6:30 p.m. Eastern time, Monday through Friday, except on federal holidays. 3. For Technical Assistance Before the application submission date, HUD staff will be available to provide you with general guidance and technical assistance about this notice or about individual program NOFAs. However, HUD staff is not permitted to assist in preparing your application. Following selection of applicants, but before announcement of awards are made, HUD staff is available to assist in clarifying or confirming information that is a prerequisite to the offer of an award or Annual Contributions Contract (ACC) by HUD. For technical support for downloading an application or submitting an application, please call Grants.gov Customer Support at (800) 518-GRANTS (this is a toll-free number) or e-mail [email protected]. 4. SuperNOFA Webcasts HUD provides technical assistance and training on its programs made available through a notice of funding availability. The NOFA broadcasts are interactive and allow potential applicants to obtain a better understanding of the threshold, program, and application submission requirements for FY2005 funding. Participation in this training opportunity is free of charge and can be accessed via HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The SuperNOFA web cast schedule can also be found via HUD's Web site at http:// www.hud.gov/webcasts/index.cfm. B. Content and Form of Application Submission Be sure to read and follow the application submission requirements published in each individual program NOFA to which you are responding by application. 1. Forms Each program NOFA will identify all the required forms for submission. HUD's standard forms are identified below: a. Application for Federal Assistance (SF-424); b. Survey on Ensuring Equal Opportunity for Applicants (SF-424 Supplement); c. Grant Application Detailed Budget (HUD-424-CB); d. Grant Application Detailed Budget Worksheet (HUD-424-CBW); e. Disclosure of Lobbying Activities (SF-LLL); f. Applicant/Recipient Disclosure/Update Report (HUD-2880); g. Certification of Consistency with RC/EZ/EC-II Strategic Plan (HUD-2990), if applicable; h. Certification of Consistency with the Consolidated Plan (HUD- 2991), if applicable; i. Acknowledgment of Application Receipt (HUD-2993); j. Client Comments and Suggestions (HUD 2994) (Optional); k. Program Outcome Logic Model (HUD-96010); l. Race and Ethnic Data Reporting Form (HUD-27061); m. America's Affordable Communities Initiative (HUD-27300), if applicable; and n. Facsimile Transmittal (HUD-96011). Copies of these forms are included in Appendix B to this General Section. Any additional program form required to be submitted to meet specific program requirements is included with each program NOFA. The electronic version of each NOFA contains all forms required for submission. 2. Certifications and Assurances The form SF-424-B, Assurances and Certifications, is no longer required as a separate submission. However, applicants are placed on notice that by signing the SF-424 cover page: a. The governing body of the applicant's organization has duly authorized the application for federal assistance. In addition, by signing or electronically submitting the application, the Authorized Organization Representative (AOR) certifies that the applicant: (1) Has the legal authority to apply for federal assistance and the institutional, managerial, and financial capacity (including funds to pay for any non-federal share of program costs) to plan, manage, and complete the program as described in the application; will provide HUD any additional information it may require; and [[Page 13582]] (2) Will administer the award in compliance with requirements identified and contained in the NOFA as applicable to the program for which funds are awarded and in accordance with requirements applicable to the program. b. No appropriated federal funds have been paid or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an employee of a Member of Congress, in connection with this application for federal assistance or any award of funds resulting from the submission of this application for federal assistance or its extension, renewal, amendment, or modification. If funds other than federal appropriated funds have been or will be paid for influencing or attempting to influence the persons listed above, the applicant agrees to complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, as part of its applications submission package. The applicant further agrees to and certifies that it will require all subawards at all tiers including subgrants and contracts to similarly certify and disclose accordingly. c. Federally recognized Indian tribes and tribally designated housing entities (TDHEs) established by a federally recognized Indian tribe as a result of the exercise of the tribe's sovereign power are excluded from coverage by item b. (also known as the Byrd Amendment). However, state-recognized Indian tribes and TDHEs established under state law are not excluded from the statute's coverage and therefore agree to, and must comply with item b. above. By submitting an application, the applicant affirms its awareness of these certifications and assurances. Applicants are also affirming that these Certifications and Assurances are material representations of the facts upon which HUD will rely when making an award to the applicant. If it is later determined that the applicant knowingly made a false certification or assurance, the applicant may be subject to criminal prosecution, and HUD may terminate the award or pursue other available remedies. C. Submission Dates and Times Applications submitted through Grants.gov must be received by Grants.gov no later than 11:59:59 p.m. eastern time on the application submission date. Applicants receiving a waiver of the electronic submission requirement must submit their application to the United States Postal Service no later than 11:59:59 p.m. on the application submission date. Appendix A also provides a funding chart that identifies the programs in HUD's SuperNOFA along with the application submission dates. D. Intergovernmental Review Executive Order 12372, ``Intergovernmental Review of Federal Programs,'' was issued to foster intergovernmental partnership and strengthen federalism by relying on state and local processes for the coordination and review of federal financial assistance and direct federal development. HUD implementing regulations are published at 24 CFR part 52. The order allows each state to designate an entity to perform a state review function. The official listing of State Points of Contact (SPOC) for this review process can be found at http://www.whitehouse.gov/omb/grants/spoc.html. States not listed on the Web site have chosen not to participate in the intergovernmental review process and, therefore, do not have a SPOC. If your state has a SPOC, you should contact the SPOC to see if it is interested in reviewing your application prior to submission to HUD. Please make sure that you allow ample time for this review process when developing and submitting your applications. If your state does not have a SPOC, you can submit your application directly to HUD using Grants.gov for electronic applications or, if you receive a waiver of the electronic application submission requirement, you can submit your application to HUD following the directions for the number of copies and locations for submission found in Appendix C of this General Section. E. Funding Restrictions The individual program NOFAs will describe any funding restrictions that apply to each program. F. Other Submission Requirements Application Submission and Receipt Procedures. This section provides the application submission and receipt instructions for HUD program applications. Please read the following instructions carefully and completely, as failure to comply with these procedures may disqualify your application. 1. Electronic Delivery. Beginning in FY2005, HUD requires applicants to submit their applications electronically through Grants.gov, unless a waiver is granted. 2. The following describes what to expect when you go to apply online using Grants.gov: a. Get Started (http://www.grants.gov/GetStarted). Once on the site, you will find six ``Get Started'' step-by-step instructions that will enable you to apply for HUD funds. Applicants should read the Get Started steps carefully. The site also contains four checklists under the topic ``Registration Checklists'' to help you walk through the process. HUD recommends that you download the checklists and prepare the information requested before beginning the registration process. Reviewing information required and assembling it before beginning the registration process will save you time and make the process faster and smoother. b. DUNS Requirement. All applicants applying for funding, including renewal funding, must have a Dun and Bradstreet Universal Data Numbering System (DUNS) number. The DUNS number must be included in the data entry field labeled ``Organizational Duns'' on the form SF-424. Instructions for obtaining a DUNS number can be found at either of the following Web sites: http://www.hud.gov/offices/adm/grants/duns.cfm or Step 3 at http://www.grants.gov/GetStarted. c. Central Contractor Registry and Credential Provider Registration. In addition to having a DUNS number, applicants applying electronically through Grants.gov must register with the Federal Central Contractor Registry and with the credential provider for E- Authentication. The Grants.gov Web site at www.grants.gov/GetStarted, Step 3, provides instructions for registering in the Central Contractor Registry and, at Step 4, for registering with the credential provider. All applicants filing electronically must have a DUNS number before registering with the Central Contractor Registry (CCR) and receive credentials from the Grants.gov credential provider in order to apply online. Failure to register with the CCR and credential provider will result in your application being rejected by the Grants.gov portal. The registration process is a separate process from submitting an application. Applicants are encouraged to register early. The registration process can take approximately two weeks to be completed. Therefore, registration should be done in sufficient time to ensure that it does not impair your ability to meet required submission deadlines. You will be able to submit your application online anytime after you receive your E-Authentication credentials. d. Electronic Signature. Applications submitted through Grants.gov constitute electronically signed applications. The registration and E- Authentication [[Page 13583]] process establishes the Authorized Organization Representative (AOR). When you submit the application through Grants.gov, the name of your authorized organization representative on file will be inserted into the signature line of the application. Applicants must register the individual who is able to make legally binding commitments for the applicant organization as the Authorized Organization Representative (AOR). 3. Instructions on How To Submit an Electronic Application to HUD via www.grants.gov/Apply a. Applying using Grants.gov. Grants.gov has a full set of instructions on how to complete a grant application on its website at www.grants.gov/CompleteApplication. Applicants are encouraged to read through the ``Complete Application Package'' website. The site contains a multimedia demonstration that guides you through the process of completing an application package. The training demonstration is also available in text. Grants.gov allows applicants to download the application package, instructions, and forms that are incorporated in the instructions, and work offline. In addition to forms that are part of the application instructions, there will be a series of electronic forms that are provided utilizing a PureEdgeTM reader. The PureEdgeTM Reader is available free for download from Step 2 of www.grants.gov/Get Started. The PureEdgeTM Reader allows applicants to read the electronic files in a form format so that they will look like any other Standard or HUD form. The PureEdgeTM forms have content-sensitive help. To use this feature, click on the icon that features an arrow with a question mark at the top of the page. This engages the content-sensitive help for each field on the electronic form. The PureEdgeTM forms can be downloaded and saved on your hard drive, network drive(s), or CDs. Because of the size of the application, HUD recommends downloading the application to your computer hard drive. The instructions include the General and Program sections of the Federal Register publication of the NOFA and any required form that has not been converted to a PureEdgeTM form. Each program NOFA also includes a checklist. Please review the checklist in the program section to ensure that your application contains all the required materials. MacIntosh users will need to use the Virtual PC emulator software, which allows PC software to run on MacIntosh platforms. More information on PureEdgeTM Support for MacIntosh Users is available at www.grants.gov/CompleteApplication#, located under the topic Tips and Tools. b. Mandatory Fields on PureEdgeTM Forms. In the PureEdgeTM forms you will find fields with a yellow background. These data fields are considered mandatory and must be completed. c. Completion of SF-424 Fields First. The PureEdgeTM forms are designed to fill in common data such as the applicant name and address, DUNS number, etc., on all PureEdgeTM electronic forms. In order to trigger this function, the Standard Form 424 (SF- 424) must be completed first. Once you complete the SF-424 the information will transfer to the other forms. d. Submission of Narrative Statements, Third Party Letters, and Certifications. In addition to forms, many of the NOFAs require the submission of other documentation such as third party letters, certifications, or program narrative statements. This section discusses how you should submit this additional information electronically as part of your application: (1) Narrative Statements to the Factors for Award. If you are required to submit narrative statements, you should submit them as an electronic file in Microsoft Word (version 9 or earlier) or in Portable Document Format (PDF) that is compatible with AdobeTM Reader version 6.0 or earlier. Each response to a Factor for Award should be developed as a separate file labeled with the appropriate factor name, e.g., Factor 1 Capacity, and submitted as part of your electronic application. Documents that you possess in electronic format, e.g., narratives you have written, or graphic images (such as Computer Aided Design (CAD)) files from an architect), should be attached using the ``Attachments'' form included in the application package you downloaded from Grants.gov. In order to reduce the size of your attachments, all or several files can be compressed using a zip utility. The zipped file can then be attached as described above. (2) Third Party Letters, Certifications Requiring Signatures, and Other Documentation. The following two options apply to applicants required to submit documentation from organizations providing matching or leveraging funds; documentation of 501(c)(3) status or incorporation papers; documents that support the need for the program; memoranda of understanding (MOUs); or documentation to support your organization's claims regarding work that has been done to remove regulatory barriers to affordable housing: (a) Scanning Documents To Create Electronic Files. Third party documentation can be scanned and saved as separate electronic files. Electronic files must be labeled so that the reader will know what the file contains. All scanned files should be placed together in a zipped folder and attached to the application package following the directions in paragraph d.(1), above; or (b) Faxing Required Documentation. Applicants that do not have scanning equipment available may submit the required documentation to HUD via facsimile (fax). The fax method may be used only to submit attachments that are part of your electronic application. HUD will not accept entire applications via fax. Applications submitted entirely via fax will be disqualified. Facsimiles submitted in response to a NOFA must use the form HUD-96011 cover page downloaded as with the application found on Grants.gov. Facsimiles received that do not meet the facsimile requirements contained in this General Section will not be accepted for review. To submit documents using the facsimile method, applicants must use form HUD-96011, Facsimile Transmittal, which is a cover page for the faxed materials. The form HUD-96011 is an electronic form and is part of the downloaded application. Each downloaded application contains an embedded unique identifier that will be used to assist HUD in associating an item transmitted by facsimile to its electronic application submission. If you have downloaded an application package from Grants.gov, be sure to save it to your system, complete the SF- 424, and then provide copies of the facsimile transmittal cover page to all parties that need to use it to submit information pertaining to your application. Do not download the same application package from Grants.gov more than once. Each time the package is downloaded, the forms are given a unique ID number. To ensure that all the forms in your package contain the same unique ID number, after downloading your application complete the SF-424 save the forms to your hard drive, and use the saved forms to create your application. If you have to provide a copy of the form HUD-96011 to another party that will be responsible for faxing an item as part of your application, make a copy of the facsimile transmittal cover page from your downloaded application and provide that copy to the third party for use with the fax transmission. Please instruct other parties to use the HUD form you have [[Page 13584]] provided when submitting information related to your application using the facsimile method. Applicants must fax their information, using the HUD-96011 facsimile transmittal cover page, to the following fax number: (800) HUD-1010. Each document must be faxed as a separate submission to avoid fax transmission problems. When faxing several documents, applicants must use the Form HUD-96011 as the cover for each document (e.g., Letter of Matching or Leveraging funds, Memorandum of Understanding, Certification of Consistency with the Consolidated Plan, etc.). Your facsimile machine should provide you with a record of whether your transmission was received by HUD. If you get a negative response or a transmission error, you should resubmit the document until you confirm that HUD has received your transmission. HUD will not acknowledge that a facsimile was received successfully. HUD will electronically receive the facsimile, read it with an optical character reader, and attach it to the application submitted through Grants.gov. The facsimile transmissions may be sent at any time before the application submission date. All faxed materials must be received no later than 11:59:59 p.m. eastern time on the application submission date. HUD will store the information and attach it to the electronic application when HUD receives it from Grants.gov. (c) Submissions Using Other File Formats. If you are required to submit files in other formats such as CAD files of architectural drawings and blueprints, or pictures, you should attach these as electronic files in PDF format that is compatible with AdobeTM Reader version 6.0 or earlier. The files should be part of the zipped folder that is attached and submitted with your application transmission. e. Customer Support. The grants.gov Web site provides customer support via (800) 518-GRANTS (this is a toll-free number) or through email at [email protected]. The customer support center is open from 7 a.m. to 9 p.m. eastern time, Monday through Friday, except federal holidays, to address grants.gov technology issues. For technical assistance to program related questions, contact the number listed in Section VII Agency Contact in the program NOFA you are applying for. 4. Waiver of Electronic Submission Requirement During FY2005, HUD will accept electronic applications only, and they must be submitted through the Grants.gov portal, unless the applicant has received a waiver from the Department. As already noted, the Continuum of Care NOFA is the only program excepted from this electronic submission requirement. Applications to the Continuum of Care may be submitted by hard copy, as discussed below. HUD regulations at 24 CFR 5.110 permit waivers of regulatory requirements to be granted for cause. If you are unable to submit your application electronically, you may request a waiver from this requirement. If you are seeking funding under several HUD programs, you must submit a separate waiver request for each program from which you are seeking funding. Your waiver request must be in writing and state the basis for the request and explain why electronic submission is not possible. The basis for waivers for cause may include but are not limited to (a) lack of available Internet access in the geographic location in which the applicant's business office is located or (b) physical disability of the applicant that prevents the applicant from accessing or responding to the application electronically. The waiver request should also include an email or name and mailing address where responses can be directed. You must submit waiver requests to the appropriate assistant secretary responsible for the program from which you are seeking funding. Waiver requests will be accepted beginning on the date of publication of the NOFA and no later than 30 days prior to the application submission date. HUD will not consider a waiver request that does not conform to the above requirement. A list of HUD assistant secretaries with waiver authority, and their related programs, can be found in Appendix C of this General Section. To avoid a delay in the process, waiver requests should be sent by United States Postal Service Express Mail. You, the applicant, should retain a receipt for the mailing showing the date submitted to the Postal Service. HUD will acknowledge receipt of the waiver request by e-mail, if an e-mail address is provided, or by United States Postal Service Express Mail or other available means. HUD will not make determinations or respond to waiver requests via the telephone. Each waiver request will be reviewed and a determination made. HUD will inform the applicant, whether or not the waiver has been granted. In the event a waiver is granted, the submission date for mailed applications will be the same as the electronic application submission receipt date. Applicants receiving a waiver will be expected to follow the submission instructions immediately following. a. Submission Instructions for Applicants Receiving a Waiver of Electronic Submission. Applicants receiving a waiver of the electronic submission requirements must submit their complete applications in paper copy as follows: (1) Submission Using the United States Postal Service. Beginning in FY2005, HUD will no longer accept hand deliveries of applications. Applicants who receive a waiver and are therefore allowed to submit paper applications must submit them via the United States Postal Service using either Express Mail or regular mailing services. (2) Submission Requirements for Specified Number of Copies of Paper Applications to HUD Headquarters and Field Offices. (a) When the program NOFA requires that an original and a specified number of copies be submitted to HUD Headquarters and field offices, and HUD receives at least one complete application at either location, HUD will utilize the complete application for its review purposes, provided it meets the deadline date and timely submission requirements. (b) Where the program NOFA requires that an application be submitted to only one HUD location, the paper copy application will be considered late if: (i) HUD does not receive the application at the office designated for receipt of the application; or (ii) HUD does not receive the application in accordance with the requirements for timely submission. (c) When the program NOFA requires that applications be submitted to more than one HUD office (Headquarters or field), and each application is unique to the designated location, HUD will consider the application late if: (i) HUD does not receiving the application at each office designated for receipt of the application as indicated in the program NOFA; or (ii) HUD does not receive the application in accordance with the requirements for timely submission. (d) When submitting a paper copy application, please be sure to submit the required number of copies to the locations specified in the program NOFA. For some programs, failure to submit the required number of copies will disqualify your application. Please be sure to include on the submittal envelope the title of the Program (and Component Name if applicable to the Program) under which you are seeking funding. [[Page 13585]] 5. Timely Receipt Requirements and Proof of Timely Submission a. Electronic Submission. All applications must be received by Grants.gov by 11:59:59 p.m. eastern time on the application submission date established for each program NOFA. Proof of timely submission is automatically recorded by Grants.gov. An electronic time stamp is generated within the system when the application has been successfully received. The applicant will receive an acknowledgement of receipt and a tracking number from Grants.gov with the successful transmission of its application. Applicants should print this receipt and save it, along with facsimile receipts for information provided by facsimile, as proof of timely submission. When HUD successfully retrieves the application from Grants.gov, HUD will provide an electronic acknowledgment of receipt to the e- mail address provided on the SF-424. Your time of submission will be the date and time that Grants.gov receives your application submittal and the date HUD receives those portions of your application submitted by facsimile. All facsimile transmissions must be received by the application submission date and time. Applications received by Grants.gov after the established submission deadline for the program will be considered late and will not be considered for funding by HUD. Similarly, applications will be considered late if information submitted by facsimile as part of the application has not received by HUD by the established submission deadline. Please take into account the transmission time required for submitting your application via the Internet and the time required to fax any related documents. HUD suggests that applicants submit their applications during the operating hours of the Grants.gov Support Desk so that if there are questions concerning transmission, operators will be available to assist you through the process. Submitting your application during the Support Desk hours will also ensure that you have sufficient time for the application to complete its transmission prior to the application deadline. Applicants using dial-up connections should be aware that transmission takes extra time before Grants.gov receives it. Grants.gov will provide either an error or a successfully received transmission message. The Grants.gov Support Desk reports that some applicants abort 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. Uploading and transmitting a large file, particularly electronic forms with associated eXtensible mark-up language (XML) schema, will take considerable time to process and be received by Grants.gov. b. Applications Receiving Waivers To Submit a Paper Copy Application. Applicants granted a waiver to the electronic submission requirement must use the United States Postal Service (USPS) to submit their applications to HUD. Applicants must take their application to a post office to get a receipt of mailing that provides the date and time the package was submitted to the USPS. USPS rules now require that large packages must be brought to a postal facility for mailing. In many areas, the USPS has made a practice of returning to the sender, large packages that have been dropped in a mail collection box. Paper copy applications submitted to the USPS by the submission date and time and received by HUD no later than 15 days after the established submission date will receive funding consideration. If the USPS does not have a receipt with a digital time stamp, HUD will accept a receipt showing USPS Form 3817, Certificate of Mailing with a dated postmark. The proof of submission receipt provided by the Postal Service must show receipt no later than the application submission deadline. Applicants whose applications are determined to be late, who cannot furnish HUD with a receipt from the USPS that verifies the package was submitted to the USPS prior to the submission due date and time will not receive funding consideration. Applicants may use any type of mail service provided by the USPS to have their application package delivered to HUD in time to meet the submission requirements. c. Late applications, whether received electronically or in hard copy, will not receive funding consideration. HUD will not be responsible for directing or forwarding applications to the appropriate location. Applicants should pay close attention to these submission and timely receipt instructions, as they can make a difference in whether HUD will accept your application for funding consideration. d. HUD will not accept fax transmissions from applicants who receive a waiver to submit a paper copy application. Paper applications must be complete and submitted in their entirety, via the USPS. Applicants need to pay attention to providing the required number of copies to the appropriate HUD office(s). 6. Continuum of Care Application Submission For FY2005, Continuum of Care applications will continue to be received in paper format. Please see the Continuum of Care program section of the SuperNOFA for application submission and timely receipt requirements that apply only to the Continuum of Care applications. V. Application Review Information A. Criteria 1. Factors for Award Used To Evaluate and Rate Applications For each program NOFA, the points awarded for the rating factors total 100. Depending upon the program for which you, the applicant, are seeking funding, the funding opportunity may provide up to four bonus points as provided below: a. RC/EZ/EC-II. HUD FY2005 NOFAs provide for the award of two bonus points for eligible activities/projects that the applicant proposes to locate in federally designated empowerment zones (EZs), renewal communities (RCs), or enterprise communities designated by the United States Department of Agriculture (USDA) in round II (EC-IIs) that are intended to serve the residents of these areas and that are certified to be consistent with the area's strategic plan or RC Tax Incentive Utilization Plan. For ease of reference in this notice, all of the federally designated areas are collectively referred to as ``RC/EZ/EC- IIs'' and residents of any of these federally designated areas as ``RC/ EZ/EC-II residents.'' The individual funding announcements will indicate if the bonus points are available under the program. This notice contains a certification that must be completed for the applicant to be considered for RC/EZ/EC-II bonus points. A list of RC/ EZ/EC-IIs can be obtained from HUD's grants Web page at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Applicants can determine if their program or project activities are located in one of these designated areas by using the locator on HUD's Web site at http:// www.hud.gov/crlocator. b. Brownfields Showcase Communities. In the Brownfields Economic Development Initiative (BEDI) competition, two bonus points are available for federally designated Brownfields Showcase Communities. (Please see the FY2005 BEDI program NOFA for additional information.) The designation of Brownfields Showcase Communities is a federal agency initiative sponsored by 20 federal agencies, including HUD. A list of the [[Page 13586]] federally designated Brownfields Showcase Communities is available at http://www.epa.gov/swerosps/bf/html-doc/showfact.htm. c. The Five Standard Rating Factors for FY2005. HUD has established the following five standard factors for awarding funds under the majority of its FY2005 program NOFAs. Additional details about the five rating factors and the maximum points for each factor are provided in the program NOFAs. For a specific funding opportunity, HUD may modify these factors to take into account explicit program needs or statutory or regulatory limitations. You, the applicant, should carefully read the factors for award as described in the program NOFA to which you are responding. The standard factors for award, except as modified in the program NOFAs, are listed below. Factor 1: Capacity of the Applicant and Relevant Organizational Staff. Factor 2: Need/Extent of the Problem. Factor 3: Soundness of Approach. Factor 4: Leveraging Resources. Factor 5: Achieving Results and Program Evaluation. The Continuum of Care Homeless Assistance programs have only two factors that receive points: Need and Continuum of Care. B. Reviews and Selection Process 1. HUD's Strategic Goals To Implement HUD's Strategic Framework and Demonstrate Results HUD is committed to ensuring that programs result in the achievement of HUD's strategic mission. To support this effort, grant applications submitted for HUD programs will be rated on how well they tie proposed outcomes to HUD's policy priorities and annual goals and objectives, as well as the quality of the applicant's proposed evaluation and monitoring plans. HUD's strategic framework establishes the following goals and objectives for the department: a. Increase Homeownership Opportunities. (1) Expand national homeownership opportunities. (2) Increase minority homeownership. (3) Make the home-buying process less complicated and less expensive. (4) Fight practices that permit predatory lending. (5) Help HUD-assisted renters become homeowners. (6) Keep existing homeowners from losing their homes. b. Promote Decent Affordable Housing. (1) Expand access to affordable rental housing. (2) Improve the physical quality and management accountability of public and assisted housing. (3) Increase housing opportunities for the elderly and persons with disabilities. (4) Help HUD-assisted renters make progress toward self- sufficiency. c. Strengthen Communities. (1) Provide capital and resources to improve economic conditions in distressed communities. (2) Help organizations access the resources they need to make their communities more livable. (3) End chronic homelessness. (4) Mitigate housing conditions that threaten health. d. Ensure Equal Opportunity in Housing. (1) Resolve discrimination complaints on a timely basis. (2) Promote public awareness of fair housing laws. (3) Improve housing accessibility for persons with disabilities. e. Embrace High Standards of Ethics, Management, and Accountability. (1) Rebuild HUD's human capital and further diversify its workforce. (2) Improve HUD's management and its internal controls and systems, as well as resolve audit issues. (3) Improve accountability, service delivery, and customer service of HUD and its partners. (4) Ensure program compliance. f. Promote Participation of Grassroots Faith-Based and Other Community-Based Organizations. (1) Reduce regulatory barriers to participation by grassroots faith-based and other community-based organizations. (2) Conduct outreach to inform potential partners of HUD opportunities. (3) Expand technical assistance resources deployed to grassroots faith-based and other community-based organizations. (4) Encourage partnerships between grassroots faith-based and other community-based organizations and HUD's traditional grantees. You can find out about HUD's Strategic Plan FY2003-FY2008, and 2002-2005 Annual Performance Plans at http://www.hud.gov/offices/cfo/reports/cforept.cfm. 2. Policy Priorities HUD encourages applicants to undertake specific activities that will assist the Department in implementing its policy priorities and achieving its goals for FY2005 and beyond, when the majority of funding recipients will be reporting programmatic results and achievements. Applicants that include work activities that specifically address one or more of these policy priorities will receive higher rating scores than applicants that do not address these HUD priorities. Each NOFA issued in FY2005 will specify which priorities relate to a particular program and how many points will be awarded for addressing those priorities. a. Providing Increased Homeownership and Rental Opportunities for Low- and Moderate-Income Persons, Persons with Disabilities, the Elderly, Minorities, and Persons with Limited English Proficiency. Too often, these individuals and families are shut out of the housing market through no fault of their own. Often developers of housing, housing counseling agencies, and other organizations engaged in the housing industry must work aggressively to open up the realm of homeownership and rental opportunities to low- and moderate-income persons, persons with disabilities, the elderly, minorities, and persons with limited English proficiency. Many of these families are anxious to have homes of their own, but are not aware of the programs and assistance that are available. Applicants are encouraged to address the housing, housing counseling, and other related supportive service needs of these individuals and coordinate their proposed activities with funding available through HUD's affordable housing programs and home loan programs. Proposed activities support strategic goals a, b, and d. b. Improving Our Nation's Communities. HUD wants to improve the quality of life for those living in distressed communities. Applicants are encouraged to include activities that: (1) Bring private capital into distressed communities; (a) Finance business investments to grow new businesses; (b) Maintain and expand existing businesses; (c) Create a pool of funds for new small and minority-owned businesses; and (d) Create decent jobs for low-income persons. (2) Improve the environmental health and safety of families living in public and privately owned housing by including activities that: (a) Coordinate lead hazard reduction programs with weatherization activities funded by state and local governments and the federal government; and (b) Reduce or eliminate health related hazards in the home caused by toxic agents such as molds and other [[Page 13587]] allergens, carbon monoxide, and other hazardous agents and conditions. (3) Make communities more livable by: (a) Providing public and social services; and (b) Improving infrastructure and community facilities. Activities support strategic goals b, c, and d. c. Encouraging Accessible Design Features. As described in Section III.C.2.c, applicants must comply with applicable civil rights laws including the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act. These laws and the regulations implementing them provide for nondiscrimination based on disability and require housing and other facilities to incorporate certain features intended to provide for their use and enjoyment by persons with disabilities. HUD is encouraging applicants to add accessible design features beyond those required under civil rights laws and regulations. These features would eliminate many other barriers limiting the access of persons with disabilities to housing and other facilities. Copies of the Uniform Federal Accessibility Standards (UFAS) are available from the NOFA Information Center at (800) HUD-8929 or (800) HUD-2209 (TTY) (these are toll-free numbers) and also from the Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, Room 5230, 451 Seventh Street, SW., Washington, DC 20410-2000, at (202) 755-5404 or toll-free at (800) 877-8339 (TTY) (these are toll-free numbers). Accessible design features are intended to promote visitability and incorporate features of universal design as described below. (1) Visitability in New Construction and Substantial Rehabilitation. Applicants are encouraged to incorporate visitability standards where feasible in new construction and substantial rehabilitation projects. Visitability standards allow a person with mobility impairments access into the home, but do not require that all features be made accessible. Visitability means that there is at least one entrance at grade (no steps), approached by an accessible route, such as a sidewalk, and that the entrance door and all interior passage doors are at least 2 feet, 10 inches wide, allowing 32 inches of clear passage space. A visitable home also serves persons without disabilities, such as a mother pushing a stroller or a person delivering a large appliance. More information about visitability is available at www.concretechange.org. Activities support strategic goals b, c, and d. (2) Universal Design. Applicants are encouraged to incorporate universal design in the construction or rehabilitation of housing, retail establishments, and community facilities funded with HUD assistance. Universal design is the design of products and environments to be usable by all people to the greatest extent possible, without the need for adaptation or specialized design. The intent of universal design is to simplify life for everyone by making products, communications, and the built environment more usable by as many people as possible at little or no extra cost to the user. Universal design benefits people of all ages and abilities. In addition to any applicable required accessibility feature under Section 504 of the Rehabilitation Act of 1973 or the design and construction requirements of the Fair Housing Act, the Department encourages applicants to incorporate the principles of universal design when developing housing, community facilities, and electronic communication mechanisms or when communicating with community residents at public meetings or events. HUD believes that by creating housing that is accessible to all, it can increase the supply of affordable housing for all, regardless of ability or age. Likewise, creating places where people work, train, and interact that are useable and open to all residents increases opportunities for economic and personal self-sufficiency. More information on Universal Design is available from the Center for Universal Design at www.design.ncsu.edu:8120/cud/ or the Resource Center on Accessible Housing and Universal Design at http:// www.abledata.com/abledata.cfm? pageid=113573&top= 16029§ionid=19326. Activities support strategic goals a, b, c, and d. d. Providing Full and Equal Access to Grassroots Faith-Based and Other Community-Based Organizations in HUD Program Implementation. (1) HUD encourages nonprofit organizations, including grassroots faith-based and other community-based organizations, to participate in the vast array of programs for which funding is available through HUD's programs. HUD also encourages States, units of local government, universities, colleges, and other organizations to partner with grassroots organizations (e.g., civic organizations, faith communities, and grassroots faith-based and other community-based organizations) that have not been effectively utilized. These grassroots organizations have a strong history of providing vital community services, such as assisting the homeless and preventing homelessness, counseling individuals and families on fair housing rights, providing elderly housing opportunities, developing first-time homeownership programs, increasing homeownership and rental housing opportunities in neighborhoods of choice, developing affordable and accessible housing in neighborhoods across the country, creating economic development programs, and supporting the residents of public housing facilities. HUD seeks to make its programs more effective, efficient, and accessible by expanding opportunities for grassroots organizations to participate in developing solutions for their own neighborhoods. Additionally, HUD encourages applicants to include these grassroots faith-based and other community-based organizations in their workplans. Applicants, their partners, and participants must review the individual FY2005 HUD program announcements to determine whether they are eligible to apply for funding directly or whether they must establish a working relationship with an eligible applicant in order to participate in a HUD funding opportunity. Grassroots faith-based and other community- based organizations, and applicants that currently or propose to partner, fund, subgrant, or subcontract with grassroots organizations (including grassroots faith-based or other community-based nonprofit organizations eligible under applicable program regulations) in conducting their work programs will receive higher rating points as specified in the individual FY2005 HUD program announcements. (2) Definitions of Grassroots Organizations. (a) HUD will consider an organization a ``grassroots organization'' if the organization is headquartered in the local community in which it provides services; and, (i) Has a social services budget of $300,000 or less, or (ii) Has six or fewer full-time equivalent employees. (b) Local affiliates of national organizations are not considered ``grassroots.'' Local affiliates of national organizations are encouraged, however, to partner with grassroots organizations, but must demonstrate that they are currently working with a grassroots organization (e.g., having a grassroots faith-based or other community- based organization provide volunteers). (c) The cap provided in paragraph (2)(a)(i) above includes only that portion of an organization's budget allocated to [[Page 13588]] providing social services. It does not include other portions of the budget, such as salaries and expenses, not directly expended in the provision of social services. Activities support strategic goal f. e. Participation of Minority-Serving Institutions (MSIs) in HUD Programs. Pursuant to Executive Orders 13256, ``President's Board of Advisors on Historically Black Colleges and Universities,'' 13230, ``President's Advisory Commission on Educational Excellence for Hispanic Americans,'' 13216, ``Increasing Participation of Asian Americans and Pacific Islanders in Federal Programs,'' and 13270, ``Tribal Colleges and Universities,'' HUD is strongly committed to broadening the participation of MSIs in its programs. HUD is interested in increasing the participation of MSIs in order to advance the development of human potential, strengthen the nation's capacity to provide high quality education, and increase opportunities for MSIs to participate and benefit from federal financial assistance programs. HUD encourages all applicants and recipients to include meaningful participation of MSIs in their work programs. A listing of MSIs can be found on the Department of Education Web site at http://www.ed.gov/ about/offices/list/ocr/edlite-minorityinst.html or HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Activities support strategic goals c and d. f. Ending Chronic Homelessness. President Bush has set a national goal to end chronic homelessness. Secretary Alphonso Jackson has embraced this goal and has pledged that HUD's grant programs will be used to support the President's goal and better meet the needs of chronically homeless individuals. A person experiencing chronic homelessness is defined as an unaccompanied individual with a disabling condition who has been continuously homeless for a year or more or has experienced four or more episodes of homelessness over the last three years. A disabling condition is defined as a diagnosable substance abuse disorder, serious mental illness, developmental disability, or chronic physical illness or disability, including the co-occurrence of two or more of these conditions. Applicants are encouraged to target assistance to chronically homeless persons by undertaking activities that will result in: (1) Creation of affordable housing units, supportive housing and group homes; (2) Establishment of a set-aside of units of affordable housing for the chronically homeless; (3) Establishment of substance abuse treatment programs targeted to the homeless population; (4) Establishment of job training programs that will provide opportunities for economic self-sufficiency; (5) Establishment of counseling programs that assist homeless persons in finding housing, managing finances, managing anger, and building interpersonal relationships; (6) Provision of supportive services, such as health care assistance that will permit homeless individuals to become productive members of society; and (7) Provision of service coordinators or one-stop assistance centers that will ensure that chronically homeless persons have access to a variety of social services. Applicants that are developing programs to meet the goals set in this policy priority should be mindful of the requirements of the regulations implementing Section 504 of the Rehabilitation Act, in particular, 24 CFR 8.4(b)(1)(iv), 8.4(c)(1), and 8.4(d). Activities support strategic goals b and c. g. Removal of Regulatory Barriers to Affordable Housing. On March 22, 2004, HUD published a final notice (69 FR 13450) announcing its intention to establish the Removal of Regulatory Barriers to Affordable Housing policy priority in the majority of its FY2004 NOFAs. In that notice, HUD advised that applicants would be required to respond to a series of evaluative questions in order to receive the rating points associated with this priority. On April 21, 2004 (69 FR 21663), HUD published a correction to Question 5 in Part A of the questionnaire. In the April 21, 2004 notice, HUD also responded to questions that arose after the publication of the March 22, 2004 notice. In FY2005, HUD is continuing to make this a policy priority. Through this initiative, HUD is seeking input into how it can work more effectively with the public and private sectors to remove regulatory barriers to affordable housing. The published notices address how HUD will evaluate the effectiveness of State and local government efforts to remove regulatory barriers to affordable housing. Increasing the affordability of rental and homeownership housing continues to be a high priority of the Department. Over the last 15 years, there has been increased recognition that unnecessary, duplicative, excessive, or discriminatory public processes often significantly increase the cost of housing development and rehabilitation. Often referred to as ``regulatory barriers to affordable housing,'' many public statutes, ordinances, regulatory requirements, or processes and procedures significantly impede the development or availability of affordable housing without providing a commensurate or demonstrable health or safety benefit. ``Affordable housing'' is decent, quality housing that low-, moderate-, and middle- income families can afford to buy or rent without spending more than 30 percent of their income; spending more than 30 percent of income on shelter may require families to sacrifice other necessities of life. Addressing these barriers to housing affordability is a necessary component of any overall national housing policy. However, addressing such barriers must be viewed as a complement, not a substitute, for other efforts to meet affordable housing needs. For many families, federal, state, and local subsidies are fundamental tools for meeting these affordable needs. In many instances, however, other sometimes well-intentioned public policies work at cross-purposes with subsidy programs by imposing significant constraints. From zoning that keeps out affordable housing, especially multifamily housing, to other regulations and requirements that unnecessarily raise the costs of construction, the need to address this issue is clear. For example, affordable rehabilitation is often constrained by outmoded building codes that require excessive renovation. Barrier removal will not only make it easier to find and get approval for affordable housing sites but it will also allow available subsidies to go further in meeting these needs. For housing for moderate-income families often referred to as ``work force'' housing, barrier removal can be the most essential component of meeting housing needs. Under this policy priority, higher rating points are available to (1) governmental applicants that are able to demonstrate successful efforts in removing regulatory barriers to affordable housing and (2) nongovernmental applicants that are associated with jurisdictions that have undertaken successful efforts in removing barriers. To obtain the policy priority points for efforts to successfully remove regulatory barriers, applicants must complete form HUD-27300, ``Questionnaire for HUD's Initiative on Removal of Regulatory Barriers.'' Copies of HUD's notices published on this issue, can be found on HUD's Web site at http://www.hud.gov/offices/adm/ [[Page 13589]] grants/fundsavail.cfm. Local jurisdictions and counties with land use and building regulatory authority applying for funding, as well as housing authorities, nonprofit organizations, and other qualified applicants applying for funds for projects located in these jurisdictions, are invited to answer the 20 questions under Part A. An applicant that scores at least five in column 2 will receive 1 point in the NOFA evaluation. An applicant that scores 10 or more in column 2 will receive 2 points in the NOFA evaluation. State agencies or departments applying for funding, as well as housing authorities, nonprofit organizations, and other qualified applicants applying for funds for projects located in unincorporated areas or areas not otherwise covered in Part A are invited to answer the 15 questions under Part B. Under Part B an applicant that scores at least four in Column 2 will receive one point in the NOFA evaluation. Under Part B an applicant that scores eight or greater will receive a total of two points in the respective evaluation. Applicants that will be providing services in multiple jurisdictions may choose to address the questions in either Part A or Part B for that jurisdiction in which the preponderance of services will be performed if an award is made. In no case will an applicant receive more than two points for barrier removal activities under this policy priority. An applicant that is an Indian tribe or TDHE may choose to complete either Part A or Part B based upon a determination by the tribe or TDHE as to whether the tribe's or the TDHE's association with the local jurisdiction or the state would be the more advantageous for its application. Note: Upon completion of all NOFA evaluations, grant selections, and awards, it is HUD's intent to add relevant data obtained from this evaluative factor to the database on state and local regulatory reform actions maintained at the Regulatory Barrier Clearinghouse Web site at http://www.huduser.org/rbc/ used by states, localities, and housing providers to identify regulatory barriers and learn of exemplary local efforts at regulatory reform. Form HUD-27300 can be found in the appendix to this General Section. A limited number of questions on form HUD-27300 expressly request the applicant to provide brief documentation with its response. Other questions require that, for each affirmative statement made, the applicant supply a reference, Internet address, or brief statement indicating where the back-up information may be found and a point of contact, including a telephone number or e-mail address. Applicants are encouraged to read HUD's three notices to obtain an understanding of this policy priority and how it can affect their score. Applicants that do not provide the Internet addresses, references, or documentation will not get the policy priority points. Activities support strategic goals a and b. h. Participation in Energy Star. The Department of Housing and Urban Development has adopted a wide-ranging energy action plan for improving energy efficiency in all program areas. As a first step in implementing the energy plan, HUD, the Environmental Protection Agency (EPA), and the Department of Energy (DOE) have signed a partnership to promote energy efficiency in HUD's affordable housing programs, including public housing, HUD insured housing, and housing financed through HUD formula and competitive programs. The purpose of the Energy Star partnership is to promote energy-efficient affordable housing stock while protecting the environment. Applicants constructing, rehabilitating, or maintaining housing or community facilities are encouraged to promote energy efficiency in design and operations. They are urged especially to purchase and use products that display the Energy Star label. Applicants providing housing assistance or counseling services are encouraged to promote Energy Star materials and practices, as well as buildings constructed to Energy Star standards, to both homebuyers and renters. Applicants are encouraged to undertake program activities that include developing Energy Star promotional and information materials, providing outreach to low- and moderate-income renters and buyers on the benefits and savings when using Energy Star products and appliances, utilizing Energy Star-designated products in the construction or rehabilitation of housing units, and replacing worn products or facilities such as light bulbs, water heaters, furnaces, etc., with Energy Star products to reduce operating costs. Communities and developers are encouraged to promote the designation of community buildings and homes as Energy Star compliant. For further information about Energy Star see http://www.energystar.gov or call (888) 782-7937, or 8 (888) 588-9920 (TTY). Activities support Strategic Goals 1 and 2. 3. Threshold Compliance Only applications that meet all of the threshold requirements will be eligible to receive an award of funds from HUD. 4. Corrections to Deficient Applications After the application submission date, HUD may not, consistent with its regulations in 24 CFR part 4, subpart B, consider any unsolicited information you, the applicant, may want to provide. HUD may contact you to clarify an item in your application or to correct technical deficiencies. HUD may not seek clarification of items or responses that improve the substantive quality of your response to any rating factors. In order not to unreasonably exclude applications from being rated and ranked, HUD may contact applicants to ensure proper completion of the application and will do so on a uniform basis for all applicants. Examples of curable (correctable) technical deficiencies include inconsistencies in the funding request, failure to submit the proper certifications, and failure to submit an application that contains a signature by an official able to make a legally biding commitment on behalf of the applicant. In the case of an applicant that received a waiver, the technical deficiency may include failure to submit an application that contains an original signature. If HUD finds a curable deficiency in the application, HUD will notify you in writing by describing the clarification or technical deficiency. HUD will notify applicants by facsimile or by USPS, return receipt requested. Clarifications or corrections of technical deficiencies in accordance with the information provided by HUD must be submitted within 14 calendar days of the date of receipt of the HUD notification. (If the submission date falls on a Saturday, Sunday, or federal holiday, your correction must be received by HUD on the next day that is not a Saturday, Sunday, or federal holiday.) If the deficiency is not corrected within this time period, HUD will reject the application as incomplete and it will not be considered for funding. In order to meet statutory deadlines for the obligation of funds or for timely completion of the review process, program NOFAs may reduce the number of days for submitting a response to a HUD clarification or correction to a technical deficiency. Please be sure to carefully read each program NOFA for any additional information and instructions. An applicant's response to a HUD notification of a curable deficiency should be submitted directly to HUD in accordance with the instructions provided in the notification. [[Page 13590]] 5. Rating Panels To review and rate applications, HUD may establish panels that may include persons not currently employed by HUD. HUD may include these non-HUD employees to obtain certain expertise and outside points of view, including views from other federal agencies. Persons brought into HUD to review applications are subject to conflict of interest provisions. In addition, reviewers using HUD Information Technology (IT) systems may be subject to an IT security check. 6. Rating HUD will evaluate and rate all applications for funding that meet the threshold requirements. HUD will consider the factors described below when rating your application(s). a. Past Performance. In evaluating applications for funding, HUD will take into account applicants' past performance in managing funds, including, but not limited to, the ability to account for funds appropriately; timely use of funds received either from HUD or other federal, state, or local programs; meeting performance targets for completion of activities and receipt of promised matching or leveraged funds; and number of persons to be served or targeted for assistance. HUD may consider information available from HUD's records, the name check review, public sources such as newspapers, Inspector General or Government Accountability Office reports or findings, or hotline or other complaints that have been proven to have merit. b. Deducting Points for Poor Performance. In evaluating past performance, HUD may elect to deduct points from the rating score or establish threshold levels as specified under the Factors for Award in the individual program NOFAs. 7. Ranking HUD will rank applicants within each program or, for Continuum of Care applicants, across the three programs identified in the Continuum of Care NOFA. HUD will rank applicants only against those applying for the same program funding. Where there are set-asides within a program competition, you, the applicant, will compete against only those applicants in the same set- aside competition. C. Anticipated Announcement and Award Dates The individual program NOFAs will provide the applicable information regarding this subject. VI. Award Administration Information A. Award Notices 1. Negotiation After HUD has rated and ranked all applications and made selections, HUD may require, depending upon the program, that a selected applicant participate in negotiations to determine the specific terms of the funding agreement and budget. In cases where HUD cannot successfully conclude negotiations with a selected applicant or a selected applicant fails to provide HUD with requested information, an award will not be made to that applicant. In such an instance, HUD may offer an award and proceed with negotiations with the next highest- ranking applicant. 2. Adjustments to Funding a. HUD reserves the right to fund less than the full amount requested in your application to ensure the fair distribution of funds and enable the purposes or requirements of a specific program to be met. b. HUD will not fund any portion of your application that is not eligible for funding under specific program statutory or regulatory requirements; does not meet the requirements of this notice; or is duplicative of other funded programs or activities from prior year awards or other selected applicants. Only the eligible portions of your application (excluding duplicative portions) may be funded. c. If funds remain after funding the highest-ranking applications, HUD may fund all or part of the next highest-ranking application in a given program. If you, the applicant, turn down an award offer, HUD will make an offer of funding to the next highest-ranking application. d. If funds remain after all selections have been made, remaining funds may be made available within the current fiscal year for other competitions within the program area or held over for future competitions. e. Individual program NOFAs may have other requirements, so please review the program NOFA carefully. 3. Funding Errors In the event HUD commits an error that, when corrected, would result in selection of an otherwise eligible applicant during the funding round of a program NOFA, HUD may select that applicant when sufficient funds become available. 4. Performance and Compliance Actions of Funding Recipients HUD will measure and address the performance and compliance actions of funding recipients in accordance with the applicable standards and sanctions of their respective programs. 5. Debriefing For a period of at least 120 days, beginning 30 days after the awards for assistance are publicly announced, HUD will provide to a requesting applicant a debriefing related to its application. A debriefing request must be made in writing or by email by the authorized official whose signature appears on the SF-424 or his or her successor in office, and submitted to the person or organization identified as the Contact under the section entitled ``Agency Contact(s)'' in the individual program NOFA under which you applied for assistance. Information provided during a debriefing will include, at a minimum, the final score you received for each rating factor, final evaluator comments for each rating factor, and the final assessment indicating the basis upon which assistance was provided or denied. B. Administrative and National Policy Requirements See Section III.C. of this notice regarding related requirements. C. Reporting The individual program NOFAs will identify applicable reporting requirements related to each program, including racial and ethnic data collection requirements based upon the OMB standards for federal data on race and ethnicity, dated August 13, 2002. Applicants are also required to submit a completed form HUD-96010 Logic Model indicating results achieved against the proposed output goal(s) and proposed outcome(s) stated in your approved application and agreed to by HUD. The submission of the Logic Model and required information should be in accord with the reporting time frames identified for providing reports to HUD in each program NOFA. VII. Agency Contact(s) The individual program NOFAs will identify the applicable agency contacts related to each program. Questions regarding this notice should be directed to Dorthera (Rita) Yorkshire or Eric Gauff, in HUD's Office of Departmental Grants Management, at (202) 708-0667 (this is not a toll-free number). Persons with speech or hearing impairments may contact Ms. Yorkshire or Mr. Gauff using the toll-free Federal Relay Service [[Page 13591]] at (800) 877-8339. Questions regarding specific program requirements should be directed to the agency contacts identified in each program NOFA. VIII. Other Information A. Grants.gov and Pub. L. 106-107 Streamlining Activities The Federal Financial Assistance Management Improvement Act of 1999 (Pub. L. 106-107) directs each federal agency to develop and implement a plan that, among other things, streamlines and simplifies the application, administrative, and reporting procedures for federal financial assistance programs administered by the agency. This law also requires the Director of OMB to direct, coordinate, and assist federal agencies in establishing (1) a common application and reporting system and (2) an interagency process for addressing ways to streamline and simplify federal financial assistance application and administrative procedures and reporting requirements for program applicants. HUD is working with the 26 federal grant-making agencies to implement President George W. Bush's grants.gov ``FIND and APPLY'' initiative. This initiative is an effort by federal agencies to develop a common electronic application and reporting system for federal financial assistance. This system will provide ``one-stop shopping'' for funding opportunities for all federal programs. The system is being implemented in response to public and governmental concerns that it is difficult for organizations to know all the funding available from the federal government and how to apply for funding. It also is an effort by the federal government to develop common application requirements, further streamlining the application process to make it easier for you, our customers, to apply for funding. The first segment of the Grants.gov initiative focuses on allowing the public to easily FIND competitive funding opportunities and then APPLY via Grants.gov. HUD posted all of its funding opportunities on www.grants.gov/Find in FY2004 and intends to do the same in FY2005. In FY2004, HUD posted two fully electronic grant applications on Grants.gov Find and Apply. In FY2005, HUD is posting all but the Continuum of Care NOFA on Grants.gov for electronic application submission through www.grants.gov/Apply. It is HUD's intent to post the Continuum of Care as a fully electronic application for submission on www.grants.gov/Apply in FY2006. In addition, Grants.gov is working with the federal agencies to begin the process of accepting mandatory and formula grant program plans and application submissions online via Grants.gov in 2005-2006. Applicants for HUD's formula and competitive programs are urged to become familiar with the Grants.gov site, registration procedures, and electronic submissions so that as the site is expanded, you will be registered and familiar with the find and apply functionality. B. HUD-IRS Memorandum of Agreement HUD and the Internal Revenue Service have entered into a Memorandum of Agreement to provide information to HUD grantees serving low-income, disabled, and elderly persons, as well as persons with limited English proficiency, on the availability of low-income tax credits; the earned income tax credit; individual development accounts; child tax credits, and the IRS Voluntary Income Tax Assistance program. HUD is making available on its website information on these IRS asset-building resources. We encourage you to visit the site and disseminate this information to low-income residents in your community and other organizations that serve low-income residents, so that eligible individuals can take advantage of these resources. C. Paperwork Reduction Act Statement The information collection requirements in this notice have been approved by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid OMB control number. Each program NOFA will identify its applicable OMB control number. D. Environmental Impact A Finding of No Significant Impact with respect to the environment has been made for this notice in accordance with HUD regulations at 24 CFR part 50 that implement Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of No Significant Impact is available for public inspection between 8 a.m. and 5 p.m. eastern time, Monday through Friday, except federal holidays, in the Office of the General Counsel, Regulations Division, Room 10276, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-0500. E. Executive Orders and Congressional Intent 1. Executive Order 13132, Federalism Executive Order 13132 prohibits, to the extent practicable and permitted by law, an agency from promulgating policies that have federalism implications and either impose substantial direct compliance costs on State and local governments and are not required by statute, or preempt State law, unless the relevant requirements of Section 6 of the executive order are met. This notice does not have federalism implications and does not impose substantial direct compliance costs on State and local governments or preempt State law within the meaning of the executive order. 2. Sense of Congress The Consolidated Appropriations Act, 2005 (Pub. L. 108-447, approved December 8, 2004), includes a Sense of Congress resolution, which states that, to the greatest extent practicable, all equipment and products purchased with funds made available in the Consolidated Appropriations Act, 2005, should be American-made. F. Public Access, Documentation, and Disclosure Section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545) (HUD Reform Act) and the regulations codified at 24 CFR part 4, subpart A, contain a number of provisions that are designed to ensure greater accountability and integrity in the provision of certain types of assistance administered by HUD. On January 14, 1992, HUD published a notice that also provides information on the implementation of Section 102 (57 FR 1942). The documentation, public access, and disclosure requirements of Section 102 apply to assistance awarded under individual NOFAs published as part of HUD's SuperNOFA or thereafter, as described below. 1. Documentation, Public Access and Disclosure Requirements HUD will ensure that documentation and other information regarding each application submitted pursuant to its FY2005 NOFAs published in the FY2005 SuperNOFA or NOFAs published thereafter are sufficient to indicate the basis upon which assistance was provided or denied. This material, including any letters of support, will be made available for public inspection for a five-year period beginning not less than 30 days after the award of the assistance. Material will be [[Page 13592]] made available in accordance with the Freedom of Information Act (5 U.S.C. 552) and HUD's implementing regulations (24 CFR part 15). 2. Form HUD-2880 HUD will also make available to the public for five years all applicant disclosure reports (form HUD-2880) submitted in connection with an FY2005 NOFA. Update reports (also reported on form HUD-2880) will be made available along with the applicant disclosure reports, but in no case for a period of less than three years. All reports, both applicant disclosures and updates, will be made available in accordance with the Freedom of Information Act (5 U.S.C. 552) and HUD's implementing regulations (24 CFR part 5). 3. Publication of Recipients of HUD Funding HUD's regulations at 24 CFR part 4 provide that HUD will publish a notice in the Federal Register to notify the public of all funding decisions made by the Department to provide: a. Assistance subject to Section 102(a) of the HUD Reform Act; and b. Assistance provided through grants or cooperative agreements on a discretionary (non-formula, non-demand) noncompetitive basis, but that is not provided on the basis of a competition. G. Section 103 of the HUD Reform Act HUD's regulations implementing Section 103 of the HUD Reform Act, codified at 24 CFR part 4, subpart B, apply to this funding competition. The regulations continue to apply until the announcement of the selection of successful applicants. HUD employees involved in the review of applications and in the making of funding decisions are prohibited by the regulations from providing advance information to any person (other than an authorized employee of HUD) concerning funding decisions or from otherwise giving any applicant an unfair competitive advantage. Persons who apply for assistance should confine their inquiries to the subject areas permitted under 24 CFR part 4. Applicants or employees who have ethics-related questions should contact the HUD Ethics Law Division at (202) 708-3815 (this is not a toll-free number). The toll-free TTY number for persons with speech or hearing impairments is (800) 877-8339. HUD employees who have specific program questions should contact the appropriate field office counsel or Headquarters counsel for the program to which the question pertains. H. The FY2005 HUD NOFA Process and Future HUD Funding Processes Each year, HUD strives to improve its NOFA process. The FY2005 NOFAs have been revised based upon comments received during the FY2004 funding process. The changes also reflect HUD's efforts to move to electronic government consistent with federal government-wide practices. In FY2004, as part of the Public Law 106-107 streamlining efforts and the interagency eGrants Initiative, HUD began making considerable changes to the format and presentation of its funding notices, which have been enhanced further for FY2005. HUD is continually striving to ensure effective communication with HUD program funding recipients and potential funding recipients. HUD has been posting pertinent documents related to these efforts on its Web site. HUD encourages you to visit the Department's Web site on an ongoing basis to keep abreast of the latest developments. HUD's website address for information on this initiative is http://www.hud.gov/offices/adm/ grants/egrants/egrants.cfm. Information on grant streamlining activities can be found at http://www.hud.gov/offices/adm/grants/pl- 106107/pl106-107.cfm. HUD continues to welcome comments and feedback from applicants and other members of the public on how HUD may further improve its competitive funding process. The programs for which funding is available in the FY2005 SuperNOFA are published simultaneously with this policy notice and follow this section and its appendices. Dated: March 4, 2005. Roy A. Bernardi, Deputy Secretary. BILLING CODE 4210-32-P [[Page 13593]] [GRAPHIC] [TIFF OMITTED] TN21MR05.000 [[Page 13594]] [GRAPHIC] [TIFF OMITTED] TN21MR05.001 [[Page 13595]] [GRAPHIC] [TIFF OMITTED] TN21MR05.002 [[Page 13596]] [GRAPHIC] [TIFF OMITTED] TN21MR05.003 [[Page 13597]] [GRAPHIC] [TIFF OMITTED] TN21MR05.004 [[Page 13598]] [GRAPHIC] [TIFF OMITTED] TN21MR05.005 [[Page 13599]] [GRAPHIC] [TIFF OMITTED] TN21MR05.006 [[Page 13600]] [GRAPHIC] [TIFF OMITTED] TN21MR05.007 [[Page 13601]] [GRAPHIC] [TIFF OMITTED] TN21MR05.008 [[Page 13602]] [GRAPHIC] [TIFF OMITTED] TN21MR05.009 [[Page 13603]] [GRAPHIC] [TIFF OMITTED] TN21MR05.010 [[Page 13604]] [GRAPHIC] [TIFF OMITTED] TN21MR05.011 [[Page 13605]] [GRAPHIC] [TIFF OMITTED] TN21MR05.012 [[Page 13606]] [GRAPHIC] [TIFF OMITTED] TN21MR05.013 [[Page 13607]] [GRAPHIC] [TIFF OMITTED] TN21MR05.014 [[Page 13608]] [GRAPHIC] [TIFF OMITTED] TN21MR05.015 [[Page 13609]] [GRAPHIC] [TIFF OMITTED] TN21MR05.016 [[Page 13610]] [GRAPHIC] [TIFF OMITTED] TN21MR05.017 [[Page 13611]] [GRAPHIC] [TIFF OMITTED] TN21MR05.018 [[Page 13612]] [GRAPHIC] [TIFF OMITTED] TN21MR05.019 [[Page 13613]] [GRAPHIC] [TIFF OMITTED] TN21MR05.020 [[Page 13614]] [GRAPHIC] [TIFF OMITTED] TN21MR05.021 [[Page 13615]] [GRAPHIC] [TIFF OMITTED] TN21MR05.022 [[Page 13616]] [GRAPHIC] [TIFF OMITTED] TN21MR05.023 [[Page 13617]] [GRAPHIC] [TIFF OMITTED] TN21MR05.024 [[Page 13618]] [GRAPHIC] [TIFF OMITTED] TN21MR05.025 [[Page 13619]] [GRAPHIC] [TIFF OMITTED] TN21MR05.026 [[Page 13620]] [GRAPHIC] [TIFF OMITTED] TN21MR05.027 [[Page 13621]] [GRAPHIC] [TIFF OMITTED] TN21MR05.028 [[Page 13622]] [GRAPHIC] [TIFF OMITTED] TN21MR05.029 [[Page 13623]] [GRAPHIC] [TIFF OMITTED] TN21MR05.030 [[Page 13624]] [GRAPHIC] [TIFF OMITTED] TN21MR05.031 [[Page 13625]] [GRAPHIC] [TIFF OMITTED] TN21MR05.032 [[Page 13626]] [GRAPHIC] [TIFF OMITTED] TN21MR05.033 [[Page 13627]] [GRAPHIC] [TIFF OMITTED] TN21MR05.034 [[Page 13628]] [GRAPHIC] [TIFF OMITTED] TN21MR05.035 [[Page 13629]] [GRAPHIC] [TIFF OMITTED] TN21MR05.036 [[Page 13630]] [GRAPHIC] [TIFF OMITTED] TN21MR05.037 [[Page 13631]] [GRAPHIC] [TIFF OMITTED] TN21MR05.038 [[Page 13632]] [GRAPHIC] [TIFF OMITTED] TN21MR05.039 [[Page 13633]] [GRAPHIC] [TIFF OMITTED] TN21MR05.040 [[Page 13634]] [GRAPHIC] [TIFF OMITTED] TN21MR05.041 [[Page 13635]] [GRAPHIC] [TIFF OMITTED] TN21MR05.042 [[Page 13636]] [GRAPHIC] [TIFF OMITTED] TN21MR05.043 [[Page 13637]] [GRAPHIC] [TIFF OMITTED] TN21MR05.044 [[Page 13638]] [GRAPHIC] [TIFF OMITTED] TN21MR05.045 [[Page 13639]] [GRAPHIC] [TIFF OMITTED] TN21MR05.046 [[Page 13640]] [GRAPHIC] [TIFF OMITTED] TN21MR05.047 [[Page 13641]] [GRAPHIC] [TIFF OMITTED] TN21MR05.048 [[Page 13642]] [GRAPHIC] [TIFF OMITTED] TN21MR05.049 [[Page 13643]] [GRAPHIC] [TIFF OMITTED] TN21MR05.050 [[Page 13644]] [GRAPHIC] [TIFF OMITTED] TN21MR05.051 [[Page 13645]] Community Development Technical Assistance Overview Information A. Federal Agency Name. Department of Housing and Urban Development, Office of Community Planning and Development. B. Funding Opportunity Title. Community Development Technical Assistance (CD-TA). C. Announcement Type. Initial Announcement. D. Funding Opportunity Number. The Federal Register number for this NOFA is FR-4950-N-03. The OMB approval number for this program is 2506- 0166 for HOME Investment Partnerships Program (HOME), HOME Investment Partnerships Program for Community Housing Development Organizations [CHDO (HOME)], McKinney-Vento Homeless Assistance (Homeless), and Community Development Block Grants (CDBG), 2506-0133 for Housing Opportunities for Persons With AIDS (HOPWA), and 2506-0142 for Youthbuild. E. Catalog of Federal Domestic Assistance (CFDA) Numbers. The HOME and CHDO (HOME) CFDA number is 14.239; Homeless is 14.235; HOPWA is 14.241; CDBG Entitlement Grants is 14.218; CDBG for Small Cities Program is 14.219; CDBG for States is 14.228; CDBG for Insular Areas is 14.225; CDBG--Section 108 is 14.248; Youthbuild is 14.243. F. Dates. The application submission date is June 1, 2005. G. Additional Overview and Content Information. Applicants interested in providing technical assistance to entities participating in HUD's community development programs should carefully review the General Section of the SuperNOFA and the information listed in this CD- TA NOFA. Funds are available to provide technical assistance for six separate program areas: HOME, CHDO (HOME), Homeless, HOPWA, CDBG, and Youthbuild. Applicants may apply for one, two, three, four, five, or all six CD-TA program areas. The application submission information is contained in this CD-TA NOFA at Section IV.B. Approximately $30.1 million is available. No cost sharing is required. Grants will be administered under cooperative agreements with significant HUD involvement (see Section II.C of this NOFA). Full Text of Announcement I. Funding Opportunity Description A. CD-TA Purpose The purpose of the CD-TA program is to provide assistance to achieve the highest level of performance and results for six separate community development program areas: (1) HOME; (2) CHDO (HOME); (3) Homeless; (4) HOPWA; (5) CDBG; and (6) Youthbuild. Information about the six community development programs and their missions, goals, and activities can be found on the HUD Web site at http://www.hud.gov. B. Description of National TA and Local TA There are two types of technical assistance (TA) funding available in this NOFA: National TA and Local TA. National TA activities are those that address, at a nationwide level, one or more of the CD-TA program activities and/or priorities identified in Section III.C of this NOFA. National TA activities may include the development of written products, development of on-line materials, development of training courses, delivery of training courses previously approved by HUD, organization and delivery of workshops and conferences, and delivery of direct TA as part of a national program. Applicants for National TA must also be willing to work in any HUD field office area, although work in the field office areas is likely to be a negligible portion of National TA activities. National TA activities are administered by a Government Technical Representative (GTR) and Government Technical Monitor (GTM) at HUD Headquarters. Local TA activities also must address the CD-TA program activities and/or priorities identified in this NOFA, however the Local TA is targeted to the specific needs of the HUD community development program recipients in the field office area in which the TA is proposed. Local TA activities are limited to the development of need assessments, direct TA to HUD community development program recipients, organization and delivery of workshops and conferences, and customization and delivery of previously HUD-approved trainings. Local TA will be administered by a GTR and GTM in the respective HUD field office. C. Authority HOME TA is authorized by the HOME Investment Partnerships Act (42 U.S.C. 12781-12783); 24 CFR part 92. CHDO (HOME) TA is authorized by the HOME Investment Partnerships Act (42 U.S.C. 12773); 24 CFR part 92. For the McKinney-Vento Act Homeless Assistance Programs TA, the Supportive Housing Program is authorized under 42 U.S.C. 11381 et seq.; 24 CFR 583.140; Emergency Shelter Grants, Section 8 Moderate Rehabilitation Single Room Occupancy Program, and Shelter Plus Care TA are authorized by the FY2005 HUD Appropriations Act. HOPWA TA is authorized under the FY2005 HUD Appropriations Act. CDBG TA is authorized under Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301-5320); 24 CFR 570.402. Youthbuild TA is authorized under Title IV of the Cranston-Gonzalez National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992 (42 U.S.C. 12899); 24 CFR part 585. II. Award Information A. Available Funds Approximately $30,120,000 is available for the CD-TA program. Additional funds may become available as a result of recapturing unused funds. This chart shows how the funds are divided among National TA and Local TA activities: ------------------------------------------------------------------------ Program National TA Local TA ------------------------------------------------------------------------ HOME.......................................... $2,216,000 $5,000,000 CHDO (HOME)................................... 2,440,000 5,000,000 Homeless...................................... 6,000,000 3,000,000 HOPWA......................................... 2,000,000 0 CDBG.......................................... 1,388,800 0 Youthbuild.................................... 3,075,200 0 ------------------------------------------------------------------------ The Local TA funds are divided among HUD's field office jurisdictions for the HOME, CHDO (HOME), and Homeless programs. No Local TA funds are available for HOPWA, CDBG, or Youthbuild. The chart below shows the amounts available in dollars for Local TA by CD-TA program: ---------------------------------------------------------------------------------------------------------------- Local TA area HOME CHDO (HOME) Homeless ---------------------------------------------------------------------------------------------------------------- Alabama................................................... $100,000 $75,000 $40,000 Alaska.................................................... 40,000 30,000 30,000 Arkansas.................................................. 40,000 30,000 40,000 California--Northern and Arizona, Nevada.................. 300,000 300,000 300,000 California--Southern...................................... 300,000 400,000 275,000 [[Page 13646]] Caribbean................................................. 50,000 75,000 40,000 Colorado and Montana, North Dakota, South Dakota, Utah, 170,000 170,000 60,000 Wyoming.................................................. Connecticut............................................... 60,000 55,000 40,000 District of Columbia area................................. 60,000 50,000 50,000 Florida--Southern......................................... 60,000 60,000 50,000 Florida--Northern......................................... 150,000 100,000 70,000 Georgia................................................... 125,000 75,000 50,000 Hawaii.................................................... 70,000 0 40,000 Illinois.................................................. 275,000 125,000 145,000 Indiana................................................... 90,000 50,000 25,000 Kansas and Missouri--Western.............................. 60,000 75,000 50,000 Missouri--Eastern......................................... 45,000 55,000 40,000 Kentucky.................................................. 100,000 150,000 40,000 Louisiana................................................. 75,000 50,000 40,000 Maryland, except District of Columbia area................ 60,000 50,000 40,000 Massachusetts, Maine, New Hampshire, Rhode Island, Vermont 300,000 250,000 200,000 Michigan.................................................. 200,000 225,000 138,000 Minnesota................................................. 75,000 140,000 52,000 Mississippi............................................... 70,000 125,000 50,000 Nebraska and Iowa......................................... 40,000 40,000 40,000 New Jersey................................................ 50,000 25,000 25,000 New Mexico................................................ 120,000 225,000 50,000 New York--Downstate....................................... 410,000 482,000 250,000 New York--Upstate......................................... 80,000 60,000 35,000 North Carolina............................................ 105,000 150,000 40,000 Ohio...................................................... 215,000 116,000 125,000 Oklahoma.................................................. 40,000 40,000 40,000 Oregon and Idaho.......................................... 100,000 130,000 30,000 Pennsylvania--Eastern and Delaware........................ 75,000 75,000 50,000 Pennsylvania--Western and West Virginia................... 145,000 158,000 57,000 South Carolina............................................ 55,000 34,000 40,000 Tennessee................................................. 125,000 150,000 40,000 Texas--Northern........................................... 250,000 250,000 88,000 Texas--Southern........................................... 60,000 20,000 40,000 Virginia, except District of Columbia area................ 80,000 80,000 40,000 Washington................................................ 50,000 50,000 50,000 Wisconsin................................................. 125,000 200,000 55,000 ---------------------------------------------------------------------------------------------------------------- B. Performance Period Awards will be for a period of up to 36 months. HUD, however, reserves the right to withdraw funds from a specific TA provider if HUD determines that the urgency of need for the assistance is greater in other field office jurisdictions or the need for assistance is not commensurate with the award. C. Terms of Award HUD will enter into a cooperative agreement with selected applicants for the performance period. Because CD-TA awards are made as cooperative agreements, implementation entails significant HUD involvement. Significant HUD involvement is required in all aspects of TA planning, delivery, and follow-up. In addition to the requirements listed in the General Section of the SuperNOFA, selected applicants are subject to the following requirements: 1. Demand-Response System All CD-TA awardees must operate within the structure of the demand- response system. Under the demand-response system, TA providers are required to: a. When requested by a GTR, market the availability of their services to existing and potential recipients within the jurisdictions in which the assistance will be delivered; b. Respond to requests for assistance from the GTR; c. When requested by a GTR, conduct a needs assessment to identify the type and nature of the assistance needed by the recipient of the assistance; d. Obtain the local HUD field office's approval before responding to direct requests for technical assistance from HOME Participating Jurisdictions (PJs), Community Housing Development Organizations (CHDOs), and McKinney-Vento Act Homeless Assistance, HOPWA, and CDBG grantees; and e. For CHDO (HOME) TA providers, secure a letter from a PJ stating that a CHDO, or prospective CHDO to be assisted by the provider, is a recipient or intended recipient of HOME funds and indicating, at its option, subject areas of assistance that are most important to the PJ. 2. Training When conducting training sessions as part of its CD-TA activities, CD-TA providers are required to: a. Design the course materials as ``step-in'' packages so that HUD or other CD-TA providers may independently conduct the course on their own; b. Make the course materials available to the GTR in sufficient time for review (minimum of three weeks) and receive concurrence from the GTR on the content and quality prior to delivery; c. Provide all course materials in an electronic format that will permit wide distribution among TA providers, field offices, and HUD grantees; d. Arrange for joint delivery of the training with HUD participation when requested by the GTR; e. Deliver HUD-approved training courses that have been designed and developed by others on a ``step-in'' basis when requested; and f. Send trainers to approved ``train-the-trainers'' sessions. The costs associated with attending these required sessions are eligible under the cooperative agreement. [[Page 13647]] 3. Field Office Involvement Under National TA Awards When National TA providers are undertaking activities in field office jurisdictions, the National TA providers must work cooperatively with HUD field offices. Providers must notify the applicable HUD field office of the planned activities; consider the views or recommendations of that office, if any; follow those recommendations, to the degree practicable; and report to the applicable field office on the accomplishments of the assistance. III. Eligibility Information A. Eligible Applicants The eligible applicants for each of the six CD-TA programs are listed in the chart below. In accordance with the President's faith- based initiative, HUD welcomes the participation of eligible faith- based and other community organizations in the CD-TA programs. ------------------------------------------------------------------------ Program Eligible applicants ------------------------------------------------------------------------ HOME......................... A for-profit or nonprofit professional and technical services company or firm that has demonstrated knowledge of the HOME program and the capacity to provide technical assistance services; A HOME Participating Jurisdiction (PJ); A public purpose organization, established pursuant to state or local legislation, responsible to the chief elected officer of a PJ; An agency or authority established by two or more PJs to carry out activities consistent with the purposes of the HOME program; or A national or regional nonprofit organization that has membership comprised predominately of entities or officials of entities of PJs or PJs' agencies or established organizations. CHDO (HOME).................. A public or private nonprofit intermediary organization that customarily provides services, in more than one community, related to the provision of decent housing that is affordable to low-income and moderate- income persons or related to the revitalization of deteriorating neighborhoods; has demonstrated experience in providing a range of assistance (such as financing, technical assistance, construction and property management assistance) to CHDOs or similar organizations that engage in community revitalization; and has demonstrated the ability to provide technical assistance and training for community-based developers of affordable housing. Note: Any organization funded to assist CHDOs under CD-TA may not undertake CHDO set-aside activities itself within its service area while under cooperative agreement with HUD. Homeless..................... A state; A unit of general local government; A public housing authority; or A public or private nonprofit or for- profit organization, including educational institutions and area-wide planning organizations. HOPWA........................ A for-profit or nonprofit organization; A state; or A unit of general local government. CDBG......................... A state; A unit of general local government; A national or regional nonprofit organization that has membership comprised predominately of entities or officials of entities of CDBG recipients; A for-profit or nonprofit professional and technical services company or firm that has demonstrated knowledge of the CDBG program and the capacity to provide technical assistance services; or A public or private nonprofit or for- profit organization, including educational institutions and area-wide planning organizations. Youthbuild................... A public or private nonprofit agency that has significant prior experience in the operation of projects similar to the Youthbuild program and that has the capacity to provide effective technical assistance. ------------------------------------------------------------------------ Applicants must also meet the threshold requirements of the General Section of the SuperNOFA, including the Civil Rights threshold in section III (C). A consortium of organizations may apply for one or more CD-TA programs, but one organization must be designated as the applicant. Applicants may propose assistance using in-house staff, sub- contractors, sub-recipients, and local organizations with the requisite experience and capabilities. Where appropriate, applicants should make use of TA providers located in the field office jurisdiction receiving services. This draws upon local expertise and persons familiar with the opportunities and resources available in the area to be served while reducing travel and other costs associated with delivering the proposed TA services. B. Cost Sharing or Matching None. C. Other 1. Eligible Activities and Priorities Funds may be used to provide TA to prospective applicants, applicants, grantees, and project sponsors of the HOME, CHDO (HOME), Homeless, HOPWA, CDBG, and Youthbuild programs. The TA activities may include but are not limited to written information such as papers, manuals, guides, and brochures; assistance to individual communities; needs assessments; and training. The priority TA areas for each of the six program areas are: a. HOME TA. By statute, HUD may provide HOME program technical assistance to meet specified objectives. From these objectives, HUD has identified four HOME program technical assistance priorities. These priorities that result in measurable performance outputs and outcomes are: (1) Improve the ability of PJs to design and implement housing programs that reflect sound underwriting, management, and fiscal controls; demonstrate measurable outcomes in the use of public funds; and provide accurate and timely reporting of HOME program accomplishments. (2) Encourage public-private partnerships that yield an increase in the amount of private dollars leveraged for HOME-assisted projects and result in an increase in the commitment and production of HOME-assisted units. [[Page 13648]] (3) Assist PJs in developing strategies that ameliorate the affordability gap between rapidly increasing housing costs and the less rapid growth in incomes among low-income households, especially among underserved populations (e.g., residents of the Colonias, homeless persons, and persons with disabilities). (4) Assist PJs in developing strategies that increase and help sustain homeownership opportunities for low-income households-- particularly low-income, minority households--and directly result in the commitment and completion of HOME-assisted units. Some examples of measurable performance outputs and outcomes are given in Rating Factor 4. b. CHDO (HOME) TA. (1) By statute, HUD may provide HOME program technical assistance to meet specified objectives. From these objectives, HUD has identified three CHDO-specific technical assistance priorities. These priorities that result in measurable performance outputs and outcomes are: (a) Assist new CHDOs and potential CHDOs in developing the organizational capacity to own, develop, and sponsor HOME-assisted projects. A new CHDO is defined as a nonprofit organization that within three years of the publication of this NOFA was determined by a PJ to qualify as a CHDO. A potential CHDO is defined as a nonprofit organization that is expected by the PJ to qualify as a CHDO and is expected to enter into a written agreement with that PJ to own, develop, or sponsor HOME-assisted housing within 24 months of the PJ determining the organization qualifies as a CHDO. HUD welcomes the participation of otherwise eligible faith-based and community organizations. (b) Improve the HOME program production and performance of existing CHDOs in the areas of: (i) Program design and management, including underwriting, project financing, property management, and compliance; and (ii) Organizational management and capacity, including fiscal controls, board development, contract administration, and compliance systems. (c) Provide organizational support, technical assistance, and training to community groups for the establishment of community land trusts, as defined in section 233(f) of the Cranston-Gonzales National Affordable Housing Act. (2) Additional CHDO (HOME) eligible activities are: (a) Under the ``Pass-Through'' provision, CD-TA providers may propose to fund various operating expenses for eligible CHDOs that own, develop, or sponsor HOME-assisted housing. Such operating expenses may include reasonable and necessary costs for the operation of the CHDO including salaries, wages, and other employee compensation and benefits; employee education, training and travel; rent; utilities; communication costs; taxes; insurance; equipment, materials, and supplies. (b) CD-TA providers must establish written criteria for selection of CHDOs receiving pass-through funds. PJs must designate the organizations as CHDOs; and, generally, the organizations should not have been in existence more than three years. CD-TA providers must enter into an agreement with the CHDO that the agreement and pass-through funding may be terminated at the discretion of HUD if no written legally binding agreement to provide assistance for a specific housing project (for acquisition, rehabilitation, new construction, or tenant-based rental assistance) has been made by the PJ with the CHDO within 24 months of initially receiving pass-through funding. The pass-through amount, when combined with other capacity building and operating support available through the HOME program, cannot exceed the greater of 50 percent of the CHDO's operating budget for the year in which it receives funds, or $50,000 annually. c. Homeless TA. Homeless TA funds are available to provide McKinney-Vento Homeless Assistance Act-funded grantees, project sponsors, and potential recipients with skills and knowledge needed to develop and operate projects and activities. TA activities are focused on these priorities that result in measurable performance outputs and outcomes: (1) Facilitate the exchange of information between community organizations to develop and implement a community-wide discharge plan for individuals exiting publicly-funded institutions (e.g., criminal justice system, foster care system, mental health system) so that these individuals do not become homeless. (2) Improve the ability of eligible applicants to develop and operate permanent housing projects for chronically homeless persons. (3) Develop materials on effective grant administration for grantees and sponsors. (4) Improve the ability of eligible grantees and sponsors in reaching out to chronically homeless persons. (5) Improve the ability of grantees and sponsors in coordinating services available through mainstream resources with housing units available for homeless persons. (6) Facilitate the formation of metropolitan, regional, and statewide Homeless Management Information Systems (HMIS) and improve the ability of communities to prepare data for their Annual Homeless Assessment Reports. (7) Develop materials on effective grant management for Emergency Shelter Grants recipients, including guidance on IDIS implementation. (A person experiencing chronic homelessness is defined as an unaccompanied individual with a disabling condition who has been continuously homeless for a year or more or has experienced four or more sustained episodes of homelessness over the last three years.) d. HOPWA TA. HOPWA funds are available for technical assistance, training, and oversight activities which can be used to provide grantees, project sponsors, and potential recipients with the skills and knowledge to effectively develop, operate, and support HOPWA- eligible project activities that result in measurable performance outputs and outcomes. TA activities are focused on these priorities: (1) Improve the ability of grantees to develop comprehensive housing strategies, through collaborative public and private partnerships, that coordinate the use of mainstream resources and promote the long-term sustainability of HOPWA-assisted rental housing programs. (2) Identify and train grantees and project sponsors on successful examples of how local or regional employment and re-entry discharge planning programs and efforts can complement the overall delivery and effectiveness of housing and supportive services which result in greater client self-sufficiency and independence. (3) Develop materials and training for grantees and project sponsors (a) on implementing and achieving long-term performance outcome measures that promote housing stability, reduce the risk of homelessness, and improve access to care; and (b) on implementing sound fiscal and financial management practices, including oversight of project sponsor activities. (4) Develop materials that promote the utilization and coordination of Homeless Management Information Systems in the provision of HOPWA- assisted housing and supportive services for homeless and chronically homeless persons and persons at-risk of homelessness who are served under this program. (5) Provide direct TA for local HOPWA programs in coordination with [[Page 13649]] HUD field office oversight and approval of TA and training efforts to support those HOPWA-funded projects. It is estimated that up to 40 percent of HOPWA TA funds will be made available for this purpose. e. CDBG TA. HUD may provide CDBG program technical assistance to meet specified objectives, in particular the facilitating of skills and knowledge in planning, developing, and administering activities under the CDBG program for recipients and other entities that may need but do not possess such skill and knowledge, including measuring programs and activities under the CDBG program. Technical assistance funds will support local and state grantees' efforts in these areas as well as support for efforts to streamline the Consolidated Plan, program management, and analytical support of information for performance measurement. TA activities that result in measurable performance outputs and outcomes are focused on the following priorities: (1) Assist grantees' efforts to streamline the Consolidated Plan, making it more results-oriented and useful to communities in assessing their own progress toward addressing the problems of low-income areas in their communities. (2) Improve CDBG recipient understanding of performance measurement from a national programmatic perspective. (3) Improve recipient knowledge and skills to develop and implement local CDBG performance measurement systems. (4) Assist recipients' development of local CDBG performance measurement systems focused on outcomes. (5) Develop model, local protocols that ensure accurate, required program recordkeeping and performance data by recipients, sub- recipients and sub-grantees. (6) Develop materials on effective grant administration for grantees, sub-recipients, and sub-grantees. (7) Improve CDBG and Section 108 program knowledge through program- specific recipient training. f. Youthbuild TA. Youthbuild TA funds are available to provide appropriate training, information, and technical assistance to federally funded Youthbuild programs and to assist HUD in the management, supervision, and coordination of such Youthbuild programs. TA activities that result in measurable performance outputs and outcomes are focused on the following priorities: (1) Improve the management and implementation of Youthbuild programs by providing on-site and telephone assistance, preparing appropriate instruction materials, and conducting training workshops on key aspects of the Youthbuild program. (2) Improve Youthbuild program applications by providing assistance to eligible applicants in the preparation of their grant applications, giving priority to community-based organizations in the provision of this assistance. (3) Strengthen Youthbuild program design by facilitating peer-to- peer assistance for Youthbuild grantee staff and disseminating best program practices that are identified through training workshops, peer- to-peer assistance, and on-site TA. (4) Assist HUD in the management, supervision, and coordination of Youthbuild programs by preparing handbooks or printed materials to provide guidance to Youthbuild grantees and by collecting and analyzing performance evaluation data from Youthbuild grantees. 2. DUNS Requirement Refer to the General Section of the SuperNOFA for information regarding the DUNS requirement. Applicants need to obtain a DUNS number to receive an award from HUD. 3. Other Eligibility Requirements All applicants requesting funding from programs under this NOFA must be in compliance with the applicable threshold requirements found in the General Section of the SuperNOFA. Applicants that do not meet these requirements will be ineligible for funding. 4. False Statements An applicant's false statement in an application is grounds for denial or termination of an award and grounds for possible punishment as provided in 18 U.S.C. 1001. 5. Environmental Review Most activities under the CD-TA program are categorically excluded and not subject to environmental review under 24 CFR 50.19(b)(9) or (13), but in the case of CHDO (HOME) TA eligible activities, a proposal for payment of rent as part of CHDO operational costs will be subject to environmental review by HUD under 24 CFR part 50. If an applicant proposes to assist CHDO operating expenses that include rent, the application constitutes an assurance that the applicant and CHDO will assist HUD to comply with 24 CFR part 50; will supply HUD with all available and relevant information to perform an environmental review for the proposed property to be rented; will carry out mitigating measures required by HUD or select an alternate property; and will not lease or rent, construct, rehabilitate, convert or repair the property, or commit or expend HUD or non-HUD funds for these activities on the property to be rented, until HUD has completed an environmental review to the extent required by 24 CFR part 50. The results of the environmental review may require that the proposed property be rejected. IV. Application and Submission Information A. Addresses To Request Application Package Electronic applications are to be submitted through Grants.gov/Apply. Applicants receiving a waiver of the electronic submission requirement should see the General Section, Appendix C for the address where to submit paper applications. The General Section provides instructions on steps required to receive a waiver and Appendix C provides the address for submitting the waiver request. Paper applications are not accepted without the applicant having received a waiver to the electronic submission requirement. B. Content and Form of Application Submission Applicants must submit a completed application for each National TA and Local TA area and program for which they are applying. For example, an applicant for National TA for HOME and for Local TA in three field office jurisdictions would submit four separate and distinct applications. A completed application consists of an application submitted by an authorized official of the organization and containing all relevant sections of the application, as shown in the checklist below in Section IV.B.4. 1. Number of Copies This section only applies to applicants that have received a waiver of the electronic submission requirement. Applicants for National TA must submit two copies of their application to HUD Headquarters. Applicants for Local TA must submit one copy of their application to HUD Headquarters and must also send one copy of their application to the HUD field office in which their organization is applying. See Section VII.C of this NOFA for information on field office addresses. Applicants for National TA must submit two copies of the application to: HUD Headquarters; [[Page 13650]] Robert C. Weaver Federal Building; 451 Seventh Street, SW., room 7218; Washington, DC 20410; Attention: CD-TA. 2. Page Limitation Narratives addressing Factors 1-5 are limited to no more than 25 typed pages. That is, reviewers will not review more than 25 pages for all five factors combined, except that the page limit does not include the Form HUD-96010, Logic Model. 3. Prohibition on Materials Not Required Materials other than what is requested in this NOFA are prohibited. Reviewers will not consider resumes, charts, letters, or any other documents attached to the application. 4. Checklist for Application Submission Applicants submitting electronic copies should follow the procedures in the General Section and the application submission as posted on Grants.gov. The following checklist is provided to ensure that you have submitted the submission of all the required elements. Make sure you see the General Section for how to submit third party letters and other documents as part of your electronic submission utilizing form HUD-96011, Facsimile Transmittal. For applicants receiving a waiver of the electronic submission, the paper submission must be in the order provided below. All applicants should enter the applicant name, DUNS number, and page numbers on the narrative pages of the application. --SF-424, Application for Federal Assistance (from General Section of SuperNOFA) --An Application Cover Page indicating in bold (a) the type of TA proposed in the application whether HOME National, HOME Local, CHDO National, CHDO Local, Homeless National, Homeless Local, HOPWA National, CDBG National, or Youthbuild National; (b) the amount of funds requested in the application; and (c) for Local TA, the jurisdiction proposed in the application. --A one-page Summary describing (a) each major component of the proposed TA approach; (b) the proposed cost of each major component; and (c) whether the component is integrally related to another component in order to be successful. --Narrative addressing Factor 1 --Narrative addressing Factor 2 --Narrative addressing Factor 3 --Narrative addressing Factor 4 --Narrative addressing Factor 5 --HUD-96010, Logic Model --HUD-424-CB, Grant Application Detailed Budget Form (from General Section of SuperNOFA) --HUD-424-CBW, Detailed Budget Worksheet for Non-Construction Projects (from General Section of SuperNOFA) --If applying for CHDO (HOME) TA, statement as to whether the organization proposes to pass through funds to new CHDOs. --If applying for the CHDO (HOME) TA, a certification as to whether the organization qualifies as a primarily single-state provider under section 233(e) of the Cranston-Gonzales Affordable Housing Act. --SF-LLL, Disclosure of Lobbying Activities (from General Section of SuperNOFA) --HUD-2880, Applicant/Recipient Disclosure/Update Report (from General Section of SuperNOFA) --SF-424, Supplement, Survey on Equal Opportunity for Applicants --HUD-96011, Facsimile Transmittal (for electronic applications) C. Submission Dates and Times Please see Section F of the Overview Information and the General Section for submission dates and timely submission requirements. D. Intergovernmental Review Intergovernmental review is not applicable to CD-TA applications. E. Funding Restrictions An organization may not provide assistance to itself. An organization may not provide assistance to another organization with which it contracts or sub-awards funds to carry out activities under the TA award. Funding from HOME and from CHDO (HOME) TA to any single eligible organization (excluding funds for organizational support and housing education ``passed through'' to CHDOs), whether as an applicant or sub- recipient is limited to not more than 20 percent of the operating budget of the recipient organization for any one-year period of each cooperative agreement. In addition, funding under either HOME or CHDO (HOME) TA to any single organization is limited to 20 percent of the $17,856,000 made available for HOME and CHDO (HOME) TA in FY2005. Not less than 40 percent of the approximately $7,440,000 for CHDO (HOME) shall be made available for eligible TA providers that have worked primarily in one state. HUD will consider an applicant as a primarily single state TA provider if it can document that more than 50 percent of its past activities in working with CHDOs or similar nonprofit and other organizations (on the production of affordable housing, revitalization of deteriorating neighborhoods, and /or the delivery of technical assistance to these groups) was confined to the geographic limits of a single state. No fee or profit may be paid to any recipient or sub-recipient of an award under this CD-TA NOFA. F. Other Submission Requirements The General Section of the SuperNOFA describes application submission procedures and how applicants may obtain proof of timely submission. V. Application Review Information A. Criteria The maximum number of points to be awarded for a CD-TA application is 100. The minimum score for an application to be considered for funding is 75 with a minimum of 20 points on Factor 5. The CD-TA program is not subject to bonus points, as described in the General Section of the SuperNOFA. Points are assigned on five factors. When addressing Factors 1-4, applicants should discuss the specific TA activities that will be carried out during the term of the cooperative agreement. Applicants should provide relevant examples to support the proposal, where appropriate. Applicants should also be specific when describing the communities, populations, and organizations that they propose to serve and the specific outcomes expected as a result of the TA. Factor 5 relates to the capacity of the applicant and its relevant organizational experience. Rating of the ``applicant'' or the ``applicant's organization and staff'' includes in-house staff and any sub-contractors and sub-recipients which are firmly committed to the project. In responding to Factor 5, applicants should specify the experience, knowledge, skills, and abilities of the applicant's organization and staff, and any persons and organizations firmly committed to the project. 1. Rating Factor 1: Need/Extent of the Problem (10 Points) a. For National TA applications: Sound and extensive understanding of need for TA in relation to the eligible activities and priorities listed in Section III C of this NOFA as demonstrated by objective information and/or data, such as information from HOME Snapshots, current census data, the American Housing Survey, or other relevant data sources. [[Page 13651]] b. For Local TA applications: Sound and extensive understanding of high priority needs for TA in the jurisdiction as demonstrated by objective information and/or data, such as information from HOME Snapshots, current census data, the American Housing Survey, or other relevant data sources. In rating this factor, HUD will evaluate the extent to which the application demonstrates an understanding of the specific needs for TA and supports the description of need with reliable, program-specific, quantitative information. Applicants for HOME should, at a minimum, draw on HOME Snapshot information to demonstrate PJs' needs, in an area or nationwide, for additional training and capacity building. See http://www.hud.gov/offices/cpd/affordablehousing/programs/home/ snapshot/index.cfm. 2. Rating Factor 2: Soundness of Approach (40 Points) a. (25 points) For National TA applications: A sound approach for addressing the need for eligible TA activities in relation to the priorities listed in Section III C of this NOFA that will result in positive outcomes. For Local TA applications: A sound approach for addressing high priority needs for TA in the jurisdiction that will result in positive outcomes. In rating this factor, HUD will evaluate the extent to which the application presents and supports a detailed, feasible, practical approach for addressing TA needs (Local TA applications) or CD-TA program priorities (National TA applications), including techniques, timeframes, goals, and intended beneficiaries, and the likelihood that these activities will result in positive outcomes. b. (10 points) A feasible work plan for designing, organizing, managing, and carrying out the proposed TA activities under the demand- response system. In rating this factor, HUD will evaluate the applicant's understanding of the demand-response system and the extent to which the application demonstrates the efficiency of proposed activities. c. (5 points) An effective assistance program to specific disadvantaged communities, populations, and/or organizations which previously have been underserved and have the potential to participate in the CD-TA program. In rating this factor, HUD will evaluate the extent to which the applicant has identified specific disadvantaged or previously underserved communities, populations, and organizations and has developed an effective strategy for engaging their participation in the HOME, CHDO (HOME), Homeless, HOPWA, CDBG, or Youthbuild program, as applicable. 3. Rating Factor 3: Leveraging Resources (10 Points) An efficient practical method to transfer manuals, guides, assessment forms, other work products, models, and lessons learned in its CD-TA activities to other CD-TA grantees and/or HOME, CHDO (HOME), Homeless, HOPWA, CDBG, or Youthbuild program beneficiaries. In rating this factor, HUD will evaluate the extent to which the application demonstrates a cost-effective means of sharing resources developed under the CD-TA activities with a wide audience, including sharing information with other TA providers in the CD-TA program. 4. Rating Factor 4: Achieving Results and Program Evaluation (10 Points) a. (5 points) An effective, quantifiable evaluation plan for measuring performance using the Logic Model with specific outcome measures and benchmarks, including--for HOME applicants--performance improvements as measured by the HOME Snapshot indicators. In rating this factor, HUD will evaluate the extent to which the application has an evaluation plan that includes outcomes and is specific, measurable, and appropriate in relation to the activities proposed. b. (5 points) Successful past performance in administering HUD CD- TA programs or, for applicants new to HUD's CD-TA Programs, successful past performance in providing TA in other community development programs. Applicants should include, as applicable, increases in CPD or community development program accomplishments as a result of TA (e.g., number of homeless people or persons with HIV/AIDS receiving housing and services, efficiency or effectiveness of administration of CPD or community development programs, number of affordable housing units, HOME Snapshot indicators, timeliness of use of CPD or community development program funds). In rating this factor, HUD will evaluate the extent to which the application demonstrates successful past performance that was timely and resulted in positive outcomes in the delivery of community development TA. HUD will also consider past performance of current CD- TA providers, including financial and other information in HUD's files. 5. Rating Factor 5: Capacity of the Applicant and Relevant Organizational Experience (30 Points) (Minimum for Funding Eligibility--20 Points) a. (10 points) Recent and successful experience of the applicant's organization in providing TA in eligible activities and to eligible entities for the HOME, CHDO (HOME), Homeless, HOPWA, CDBG, or Youthbuild CD-TA programs, as applicable. In rating this factor, HUD will consider the extent to which the application demonstrates successful experience within the last four years of providing TA related to the applicable CD-TA program. b. (10 points) Depth of experience in managing multiple TA tasks, to multiple entities, and in more than one geographic area. In rating this factor, HUD will consider the extent to which the application demonstrates ability to manage TA assignments effectively. c. (10 points) Knowledgeable key personnel skilled in providing TA in one or more of the eligible activities for HOME, CHDO (HOME), Homeless, HOPWA, CDBG, and/or Youthbuild programs, as applicable; a sufficient number of staff or ability to procure qualified experts or professionals with the knowledge, skills, and abilities to deliver the proposed level of TA in the proposed service area in a timely and effective fashion; and an ability to provide CD-TA in a geographic area larger than a single city or county. In rating this factor, HUD will consider the extent to which the application demonstrates the organization has an adequate number of key staff or ability to procure individuals with the knowledge of effective TA approaches and knowledge of HOME, CHDO (HOME), Homeless, HOPWA, CDBG, or Youthbuild program, as applicable. B. Review and Selection Process 1. Review Types Two types of reviews will be conducted. First, HUD will review each application to determine whether it meets threshold eligibility requirements. Second, HUD will review and assign scores to applications using the Factors for Award noted in Section V.A. 2. Rank Order Once rating scores are assigned, rated applications submitted for each National TA program and for each Local TA program will be listed in rank order. [[Page 13652]] Applications within the fundable range (score of 75+ points with 20+ points for Factor 1) may then be funded in rank order under the CD-TA program and service area for which they applied. 3. Threshold Eligibility Requirements All applicants requesting CD-TA must be in compliance with the applicable threshold requirements found in the General Section of the SuperNOFA and the eligibility requirements listed in Section III of this NOFA in order to be reviewed, scored, and ranked. Applications that do not meet these requirements and applications that were received after the submission deadline (see Section IV.F of the General Section of the SuperNOFA) will be considered ineligible for funding and will be disqualified. 4. Award Adjustment In addition to the funding adjustment authority provided for in the General Section of the SuperNOFA, HUD reserves the right to adjust funding amounts for each CD-TA selectee. The amounts listed in the charts in Section II.A are provided to assist applicants to develop Local TA or National TA budgets and do not represent the exact amounts to be awarded. Once TA applicants are selected for award, HUD will determine the total amount to be awarded to any selected applicant based upon the size and needs of each of the selected applicant's service areas, the funds available for that area and CD-TA program, the number of other CD-TA applicants selected in that area or CD-TA program, and the scope of the TA to be provided. Additionally, HUD may reduce the amount of funds allocated for field office jurisdictions to fund National CD-TA providers and other CD-TA providers for activities that cannot be fully budgeted for or estimated by HUD Headquarters or field offices at the time this NOFA was published. HUD may also require selected applicants, as a condition of funding, to provide coverage on a geographically broader basis than proposed in order to supplement or strengthen the CD-TA network in terms of the size of the area covered and types and scope of TA proposed. If funds remain after all selections have been made, the remaining funds may be distributed among field offices for Local TA and/or used for National TA, or made available for other CD-TA program competitions. VI. Award Administration Information A. Award Notices Successful applicants will receive notification from HUD in writing. Such notification is not an authorization to begin performance. Unsuccessful applicants will also receive notification from HUD in writing. After selection, HUD requires that all selected applicants participate in negotiations to determine the specific terms of the cooperative agreement, including the budget. Costs may be denied or modified if HUD determines that they are not allowable, allocable, and/ or reasonable. In cases where HUD cannot successfully conclude negotiations with a selected applicant or a selected applicant fails to provide HUD with requested information, an award will not be made to that applicant. In this instance, HUD may offer an award, and proceed with negotiations with the next highest-ranking applicant. After selection for funding but prior to executing the cooperative agreement, the selected applicant must develop in consultation with the GTR, a Technical Assistance Delivery Plan (TADP) for each National TA award. The TADP must be approved by the GTR and delineate the tasks for each CD-TA program the applicant will undertake during the performance period. For Local TA awards and generally for National TA awards, prior to undertaking individual tasks, the selected applicant must develop in consultation with the GTR a Work Plan for specific activities. The TADP and the Work Plans must specify the location of the proposed CD-TA activities, the amount of CD-TA funding and proposed activities by location, the improved program performance or other results expected from the CD-TA activities, and the methodology to be used for measuring the success of the CD-TA. A detailed time schedule for delivery of the activities, budget summary, budget-by-task, and staffing plan must be included in the TADP and Work Plans. B. Administrative and National Policy Requirements After selection for funding but prior to award, applicants must submit financial and administrative information to comply with applicable requirements. These requirements are found in 24 CFR part 84 for all organizations except states and local governments whose requirements are found in 24 CFR Part 85. Cost principles requirements are found at OMB Circular A-122 for nonprofit organizations, OMB Circular A-21 for institutions of higher education, OMB Circular A-87 for states and local governments, and at 48 CFR 31.2 for commercial organizations. Applicants must submit a certification from an Independent Public Accountant or the cognizant government auditor, stating that the applicant's financial management system meets prescribed standards for fund control and accountability. The requirements to Affirmatively Further Fair Housing do not apply. C. Reporting CD-TA awardees will be required to report to the GTR on, at a minimum, a quarterly basis unless otherwise specified in the cooperative agreement. As part of the required report to HUD, grant recipients must include a completed Logic Model (HUD 96010), which identifies output and outcome achievements. VII. Agency Contacts A. For Assistance Applicants may contact HUD Headquarters at 202-708-3176, or they may contact the HUD field office serving their area shown in section VII.C. Persons with hearing and speech challenges may access the above numbers via TTY (text telephone) by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number). Information may also be obtained through the HUD website on the Internet at http://www.hud.gov. B. List of Field Office Addresses Applicants that receive a waiver of the electronic application submission requirements and need to submit copies of their application to HUD field offices should consult the following website for a listing of the HUD field office addresses to send Local TA applications: http:/ /www.hud.gov/offices/cpd/about/staff/fodirectors/index.cfm. At the site, the map allows the user to click on an area to obtain the field office address and other contact information. VIII. Other Information A. Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control numbers 2506-0166 and 2506-0133. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and [[Page 13653]] a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 60 hours for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. B. HUD Reform Act The provisions of the HUD Reform Act of 1989 that apply to the CD- TA program are explained in the General Section of the SuperNOFA. BILLING CODE 4210-32-P [[Page 13654]] [GRAPHIC] [TIFF OMITTED] TN21MR05.052 [[Page 13655]] Community Development Block Grant Program for Indian Tribes and Alaska Native Villages Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of the Assistant Secretary for Public and Indian Housing, Office of Native American Programs. B. Funding Opportunity Title: Community Development Block Grant (ICDBG) Program for Indian Tribes and Alaska Native Villages. C. Announcement Type: Initial Announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA is FR-4950-N-16. The OMB approval number for this program is 2577- 0191. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): The Catalog of Federal Assistance (CFDA) Number for the Indian Community Development Block Grant Program is 14.862. F. Dates: Application Deadline: The application submission date is June 2, 2005. G. Optional, Additional Overview Content Information: 1. Applicants for funding should carefully review the requirements identified in this Program NOFA and the General Section. Unless otherwise stated in this Program NOFA, the requirements of the General Section apply. 2. The total approximate amount of funding available for the ICDBG Program for FY2005 is $68,427,300, less $4,000,000 retained to fund Imminent Threat Grants, for a total of $64,427,300. Funds that are carried over from previous fiscal years or are recaptured may also be used for grant awards under this NOFA. 3. Eligible applicants are Indian tribes or tribal organizations on behalf of Indian tribes. Specific information on eligibility is located in Section III.A. of this NOFA. Full Text of Announcement I. Funding Opportunity Description A. General Title I of the Housing and Community Development Act of 1974, which authorizes Community Development Block Grants, requires that grants for Indian tribes be awarded on a competitive basis in accordance with selection criteria contained in a regulation promulgated by the Secretary after notice and public comment. All grant funds awarded in accordance with this NOFA are subject to the requirements of 24 CFR part 1003. Applicants within an Area ONAP's geographic jurisdiction compete only against each other for that Area ONAP's allocation of funds. B. Authority The authority for this program is Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and the program regulations in 24 CFR part 1003. C. Program Description The purpose of the Community Development Block Grant Program for Indian Tribes and Alaska Native Villages (ICDBG) is the development of viable Indian and Alaska Native communities, including the creation of decent housing, suitable living environments, and economic opportunities primarily for persons with low- and moderate-incomes as defined in 24 CFR 1003.4. The Office of Native American Programs (ONAP) in HUD's Office of Public and Indian Housing administers the program. All Federally recognized Indian Tribes and Alaska Native Villages are eligible to participate in the ICDBG Program. Tribal organizations, as described in 24 CFR 1003.5, are also eligible applicants. Only one ICDBG application may be submitted for each area within the jurisdiction of an entity eligible under 24 CFR part 1003. An application may include more than one project, but it cannot exceed the grant ceilings listed in Section IV. Projects funded by the ICDBG Program must meet the primary objective, defined at 24 CFR 1003.2, to principally benefit low- and moderate-income persons. Consistent with this objective, not less than 70 percent of the expenditures of each single purpose grant shall be for activities which meet the regulatory criteria at 24 CFR 1003.208 for: 1. Area Benefit Activities 2. Limited Clientele Activities 3. Housing Activities 4. Job Creation or Retention Activities ICDBG funds may be used to improve housing stock, provide community facilities, improve infrastructure, and expand job opportunities by supporting the economic development of the communities, especially by nonprofit tribal organizations or local development corporations. ICDBG single-purpose grants are distributed as annual competitive grants, in response to this NOFA. Additional information on eligible activities can be found in Section III. ICDBG imminent threat grants are intended to alleviate or remove threats to health or safety that require an immediate solution as described at 24 CFR part 1003, subpart E. The problem to be addressed must be such that an emergency situation exists or would exist if the problem were not addressed. In accordance with the provisions of 24 CFR part 1003, subpart E, we have retained $4,000,000 of the FY 2005 appropriation to meet the funding needs of imminent threat requests submitted to any of the Area ONAPs. The grant ceiling for imminent threat requests for FY 2004 is $425,000. This ceiling has been established pursuant to the provisions of 24 CFR 1003.400(c). You do not have to submit a request for imminent threat funds by the deadline established in this NOFA. The deadline applies only to applications submitted for assistance under 24 CFR part 1003, subpart D, single purpose grants. Imminent threat requests may be submitted at any time after NOFA publication, and if the following criteria are met, the request may be funded until the amount set aside for this purpose is expended: 1. Independent verification from a third party (i.e., Indian Health Service, Bureau of Indian Affairs) of the existence, immediacy and urgency of the threat must be provided; 2. The threat must not be recurring in nature, i.e., it must represent a unique and unusual circumstance that has been clearly identified by the tribe or village; 3. The threat must affect or impact an entire service area and not solely an individual family or household. 4. It must be established that funds are not available from other local, state, or Federal sources to address the problem. The tribe or village must verify that Federal or local agencies that would normally provide assistance for such improvements have no funds available by providing a written statement to that effect. The tribe or village must also verify in the form of a tribal council resolution (or equivalent) that it has no available funds, including Indian Housing Block Grant Funds, for this purpose. If, in response to a request for assistance, an Area ONAP issues you a letter to proceed under the authority of 24 CFR 1003.401(a), then your application must be submitted to and approved by the Area ONAP before a grant agreement may be executed. Contact your Area ONAP office for more information on imminent threat. D. Definitions Used in This NOFA 1. Adopt. To approve by formal tribal resolution. 2. Assure. As an applicant, you must state your compliance, or in the case of future actions, your intent to comply with a specific NOFA requirement. [[Page 13656]] 3. Document. To supply supporting written information and/or data in the application that satisfies the NOFA requirement. Documentation should clearly and concisely support your response to the rating factor. 4. Entity Other than Tribe. A distinction is made between the requirements for point award under Rating Factor 3 if a tribe or an entity other than the tribe will assume maintenance and related responsibilities for projects other than economic development and land acquisition to support new housing. Entities other than the tribe must have the following characteristics: (a) Must be legally distinct from the tribal government; (b) their assets and liabilities cannot be considered to be assets and liabilities of the tribal government; (c) claims against such entities cannot be made against the tribal government; and (d) must have governing boards, boards of directors, or groups or individuals similar in function and responsibility to such boards which are separate from the tribe's general council, tribal council, or business council, as applicable. 5. Homeownership Assistance Programs. Tribes may apply for assistance to provide direct homeownership assistance to low- and moderate-income households to: (a) Subsidize interest rates and mortgage principal amounts for low- and moderate-income homebuyers; (b) finance the acquisition by low- and moderate-income homebuyers of housing that is occupied by the homebuyers; (c) acquire guarantees for mortgage financing obtained by low- and moderate-income homebuyers from private lenders (except that ICDBG funds may not be used to guarantee such mortgage financing directly, and grantees may not provide such guarantees directly); (d) provide up to 50 percent of any down payment required from a low- and moderate-income homebuyer; or (e) pay reasonable closing costs (normally associated with the purchase of a home) incurred by a low- or moderate-income homebuyer. 6. Leveraged Resources. Leveraged resources are resources that you will use in conjunction with ICDBG funds to achieve the objectives of the project. Leveraged resources include, but are not limited to: Tribal trust funds; loans from individuals or organizations; business investments; private foundations; state or federal loans or guarantees; other grants; and non-cash contributions and donated services. (See Rating Factor 4 of this NOFA for documentation requirements for point award for leveraged resources.) 7. Microenterprise Programs. Tribes may apply for assistance to operate programs to fund the development, expansion, and stabilization of microenterprises. Microenterprises are defined as commercial entities with five or fewer employees, including the owner. Microenterprise program activities may entail the following assistance to eligible businesses: (a) Providing credit, including, but not limited to, grants, loans, loan guarantees, and other forms of financial support for the establishment, stabilization, and expansion of microenterprises; (b) providing technical assistance, advice, and business support services to owners of microenterprises and persons developing microenterprises; and (c) providing general support, including, but not limited to, peer support programs, counseling, child care, transportation, and other similar services to owners of microenterprises and persons developing microenterprises. 8. Operations and Maintenance (O&M) for Public Facilities and Improvements. While various items of cost will vary in importance and significance depending on the type of facility proposed, there are items of expense related to the operation of the physical plant which must be addressed in a O&M plan (tribe assumes responsibility) or in a letter of commitment (entity other than tribe will assume these responsibilities). These items include daily or other periodic maintenance activities; repairs such as replacing broken windows; capital improvements or replacement reserves for repairs such as replacing the roof; fire and liability insurance (may not be applicable to most types of infrastructure projects such as water and sewer lines); and security (may not be applicable to many types of infrastructure projects such as roads). (Please note that while it is possible that the service provider may, in its agreement with a tribe, commit itself to cover certain or all facility O&M costs, as defined, these O&M costs do not include the program service provision costs related to the delivery of services (social, health, recreational, educational or other) which may be provided in a facility). 9. Outcomes. The ultimate impact you hope to achieve with the proposed project. Outcomes should be quantifiable measures or indicators and identified in terms of the change in the community, people's lives, changes in economic status, etc. Common outcomes could include increases in percent of housing units in standard condition, homeownership rates, or employment rates. 10. Outputs. Outputs are the direct products of a program's activities. They are usually measured in terms of the volume of work accomplished, such as the number of low-income households served, number of units constructed or rehabilitated, linear feet of curbs and gutters installed, or number of jobs created or retained. Outputs should be clear enough to allow HUD to monitor and assess your proposed project's progress if funded. 11. Project Cost. The total cost to implement the project. Project costs may be covered by both ICDBG and non-ICDBG funds and resources. 12. Standard Housing/Standard Condition. Housing that meets the housing quality standards (HQS) adopted by the applicant. The HQS adopted by the applicant must be at least as stringent as the Section 8 HQS contained in 24 CFR 982.401 (Section 8 Tenant-Based Assistance: Housing Choice Voucher Program) unless the ONAPs approve less stringent standards based on a determination that local conditions make the use of Section 8 HQS infeasible. You may submit, before the application submission deadline, a request for the approval of standards less stringent than Section 8 HQS. If you submit the request with your application, you should not assume automatic approval by the ONAPs. The adopted standards must provide for (a) a safe house, in physically sound condition with all systems performing their intended design functions; (b) a livable home environment and an energy efficient building and systems that incorporate energy conservation measures; and (c) an adequate space and privacy for all intended household members. 13. Tribe. Please note: when used in this NOFA the word ``tribe'' means an Indian tribe, band, group or nation, including Alaska Indians, Aleuts, Eskimos, Alaska Native Villages, Alaska Native Claims Settlement Act (ANCSA) Village Corporations, and ANCSA Regional Corporations. II. Award Information A. Available Funds The FY2005 appropriation for the ICDBG Program is $68,427,300, less $4,000,000 retained to fund Imminent Threat Grants, for a total of $64,427,300. Funds that are carried over from previous fiscal years or are recaptured may also be used for grant awards under this NOFA. [[Page 13657]] B. Allocations to Area ONAPs The requirements for allocating funds to Area ONAPs responsible for program administration are found at 24 CFR 1003.101. Following these requirements, based on an appropriation of $68,427,300 less $4,000,000 for Imminent Threat grants, the allocations for FY2005 are approximately as follows: Eastern/Woodland........................................ $7,293,860 Southern Plains......................................... 13,839,761 Northern Plains......................................... 9,175,317 Southwest............................................... 24,075,045 Northwest............................................... 3,235,327 Alaska.................................................. 6,807,990 --------------- Total............................................... 64,427,300 C. Compliance with Regulations, Guidelines, and Requirements Applicants awarded a grant under this NOFA are required to comply with the regulations, guidelines, and requirements with respect to the acceptance and use of Federal funds for this Federally-assisted program. Also, the grantee, by accepting the grant, provides assurance with respect to the grant that: 1. It possesses the legal authority to apply for the grant and execute the proposed program. 2. The governing body has duly authorized the filing of the application, including all understandings and assurances contained in the application and has directed and authorized the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 3. It will comply with HUD general administration requirements in 24 CFR Part 95. 4. It will comply with the requirements of Title II of Public Law 90-284 (25 U.S.C. 1301), the Indian Civil Rights Act. Federally recognized Indian tribes and their instrumentalities are subject to: The requirements of Title II of the Civil Rights Act of 1964, known as the Indian Civil Rights Act; Section 109 prohibitions against discrimination based on age, sex, religion and disability; the Age Discrimination Act of 1975; and Section 504 of the Rehabilitation Act of 1973. 5. It will comply with the Indian preference provisions required in 24 CFR 1003.510. 6. It will establish written safeguards to prevent employees from using positions funded under the ICDBG programs for a purpose that is, or gives the appearance of being, motivated by private gain for themselves, their immediate family, or business associates. Employees are not otherwise limited from benefiting from program activities for which they are otherwise eligible. 7. It will give HUD and the Comptroller General access and right to examine all books, records, papers, or documents related to the grant for a period of not less than three years after program completion or until resolution of any final audit findings. 8. Neither the applicant nor its principals are presently excluded from participation in any HUD programs, as required by 24 CFR part 24. 9. It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, implementing regulations at 49 CFR part 24 and the requirements of 24 CFR 1003.602. 10. The chief executive officer or other official of the applicant approved by HUD: a. Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of the Act apply to the applicant's proposed program pursuant to 24 CFR 1003.605. b. Is authorized and consents on behalf of the applicant and him/ herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official. Note: Applicants for whom HUD has approved a claim of incapacity to accept the responsibilities of the Federal government for purposes of complying with the environmental review requirements of 24 CFR part 58 pursuant to 24 CFR 1003.605 are not subject to the provision of paragraph 10. 11. It will comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 and the regulations in 24 CFR part 135 (Economic Opportunities for Low and Very Low Income Persons) to the maximum extent consistent with, but not in derogation of, compliance with Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)). 12. It will comply with the requirements of the Fire Authorization Administration Act of 1992 (Pub. L. 102-522). 13. It will provide a drug-free workplace required by 24 CFR part 24, subpart F. 14. It will comply with 24 CFR, part 4, subpart A, showing full disclosure of all benefits of the project as collected by Form HUD- 2880, Applicant/Recipient Disclosure Report. 15. Prior to submission of its application to HUD, the grantee has met the citizen participation requirements which includes following traditional means of member involvement, as required in 24 CFR 1003.604. 16. It will administer and enforce the labor standards requirements prescribed in 24 CFR 1003.603. 17. The project has been developed so that not less than 70 percent of the funds received under this grant will be used for activities that benefit low- and moderate-income persons. 18. The grantee agrees to comply with Executive Order 13202, ``Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects.'' Compliance with HUD regulations at 24 CFR 5.108 that implement Executive Order 13202 is a condition of receipt of assistance under this NOFA. D. Period of Performance The period of performance for any grant awarded under this NOFA must be included in the Implementation Schedule, HUD-4125 and approved by HUD. III. Eligibility Information A. Eligible Applicants Eligible applicants are Indian tribes or tribal organizations on behalf of Indian tribes. To apply for funding you must be eligible as an Indian Tribe (or as a tribal organization), as required by 24 CFR 1003.5, by the application submission date. Tribal organizations are permitted to submit applications under 24 CFR 1003.5(b) on behalf of eligible tribes when one or more eligible tribe(s) authorize the organization to do so under concurring resolutions. As is stated in this regulatory section, the tribal organization must itself be eligible under Title I of the Indian Self- Determination and Education Assistance Act. The Bureau of Indian Affairs (BIA) or the Indian Health Service, as appropriate, must make a determination of such eligibility. This determination must be provided to the Area ONAP by the application submission date. If a tribe or tribal organization claims that it is a successor to an eligible entity, the Area ONAP must review the documentation to determine whether it is in fact the successor entity. Applicants from within Alaska: Due to the unique structure of tribal entities eligible to submit ICDBG applications in Alaska, and as only one ICDBG [[Page 13658]] application may be submitted for each area within the jurisdiction of an entity eligible under 24 CFR 1003.5, a tribal organization that submits an application for activities in the jurisdiction of one or more eligible tribes or villages must include a concurring resolution from each such tribe or village authorizing the submittal of the application. Each such resolution must also indicate that the tribe or village does not itself intend to submit an ICDBG application for that funding round. The hierarchy for funding priority continues to be the IRA Council, the Traditional Village Council, the ANCSA Village Corporation, and the ANCSA Regional Corporation. On December 5, 2003 (68 FR 68180), the BIA published a Federal Register notice entitled, ``Indian Entities Recognized and Eligible to Receive Services From the United States Bureau of Indian Affairs.'' This notice provides a listing of Indian Tribal Entities in Alaska found to be Indian Tribes as the term is defined and used in 25 CFR part 83. Additionally, pursuant to Title I of the Indian Self- Determination and Education Assistance Act, ANCSA Village Corporations and Regional Corporations are also considered tribes and therefore eligible applicants for the ICDBG program. Any questions regarding eligibility determinations and related documentation requirements for entities in Alaska should be referred to the Alaska Area ONAP prior to the application submission date. (See 24 CFR 1003.5 for a complete description of eligible applicants.) B. Cost Sharing or Matching Cost sharing or matching is not required under this grant; however, applicants who leverage this grant with other funds receive points. See Section V, (A)(3) Rating Factor 4. C. Other 1. HUD Requirements Applicants for single purpose grants must comply with the HUD Threshold Requirements listed in the General Section, Section III, C. 2. in order to receive an award of funds. 2. Program and Project Specific Requirements a. Low- and Moderate-Income Status for Rehabilitation Projects. All households that receive grant assistance under a housing rehabilitation project must be of low- and moderate-income status. b. Housing Rehabilitation Cost Limits. Grant funds spent on rehabilitation per unit must fall within the following limits for each Area ONAP jurisdiction: Eastern/Woodlands: $35,000 Southern Plains: $30,000 Northern Plains: $45,000 Southwest: $40,000 Northwest $40,000 Alaska: $55,000 c. Commitment to Housing for Land Acquisition To Support New Housing Projects. For land acquisition to support new housing projects, your application must include evidence of a financial commitment and an ability to construct at least 25 percent of the housing units to be built on the land proposed for acquisition. This evidence must consist of one (or more) of the following: a firm or conditional commitment to construct (or to finance the construction of) the units; documentation that an approvable application for the construction of these units has been submitted to a funding source or entity; or, documentation that these units are specifically identified in the Indian Housing Plan (IHP), (one-Year Financial Resources Narrative; Table 2, Financial Resources, Part I., Line 1E; and Table 2, Financial Resources, Part II) submitted by or on behalf of the applicant as an affordable housing resource with a commensurate commitment of Indian Housing Block Grant (IHBG) (also known as the Native American Housing Block Grant (NAHBG) resources. If the IHP for the IHBG (also known as NAHBG) program year that coincides with the implementation of the ICDBG proposed project has not been submitted, you must provide an assurance that the IHP will specifically reference the proposed project. The IHP submission must be within three years from when the land is acquired and ready for development. d. Health Care Facilities. If you propose a facility that would provide health care services funded by the Indian Health Service (IHS), you must assure that the facility meets all applicable IHS facility requirements. We recognize that tribes that are contracting services from the IHS may establish other facility standards. These tribes must assure that these standards at least compare to nationally accepted minimum standards. 3. Program Related Threshold Requirements a. Outstanding ICDBG Obligation. According to 24 CFR 1003.301(a), an applicant who has an outstanding ICDBG obligation to HUD that is in arrears, or one that has not agreed to a repayment schedule will be disqualified from the competition. b. Compliance with Fair Housing and Civil Rights Laws. Applicants and subrecipients that are not federally recognized Indian tribes or their instrumentalities are subject to the Civil Rights Threshold requirements found in the General Section. Federally recognized Indian tribes and their instrumentalities are subject to: the requirements of Title II of the Civil Rights Act of 1964, known as the Indian Civil Rights Act; Section 109 prohibitions against discrimination based on age, sex, religion and disability; the Age Discrimination Act of 1975; and Section 504 of the Rehabilitation Act of 1973. To be eligible to apply, there must be no outstanding violations of these civil rights provisions at the time of application. 4. Project Specific Threshold Requirements Applicants must meet all parts of the project specific threshold applicable to the proposed project. The thresholds are: a. Housing Rehabilitation Project Thresholds. In accordance with 24 CFR 1003.302(a), for housing rehabilitation projects, you must adopt rehabilitation standards and rehabilitation policies before you submit an application. You must submit with the application evidence the policies and standards have been adopted in accordance with tribal law or practice. You must also provide an assurance that project funds will be used to rehabilitate HUD-assisted houses only when the homebuyer's payments are current or the homebuyer is current in a repayment agreement except in emergency situation. The ONAP Administrator on a case-by-case basis may approve exceptions to this requirement. b. Land Acquisition To Support New Housing Project Thresholds. No project specific thresholds. c. New Housing Construction Project Thresholds. (1) In accordance with 24 CFR 1003.302 (b), new housing construction can only be implemented when necessary through a Community Based Development Organization (CBDO). Eligible CBDOs are described in 24 CFR 1003.204(c). You must provide documentation establishing that the entity implementing your new housing construction project qualifies as a CBDO. (2) In accordance with 24 CFR 1003.302, you must submit a current (in effect) tribal resolution adopting and identifying construction standards. (3) In accordance with 24 CFR 1003.302, you must also include in your application documentation supporting the following: [[Page 13659]] (a) All households to be assisted under a new housing construction project must be of low- or moderate-income status; (b) No other housing is available in the immediate reservation area that is suitable for the households to be assisted; (c) No other sources including an IHBG (also known as NAHBG) can meet the needs of the household(s) to be served; and (d) Rehabilitation of the unit occupied by the household(s) to be assisted is not economically feasible, or the household(s) to be housed currently is in an overcrowded house (more than one household per house), or the household to be assisted has no current residence. d. Homeownership Assistance Project Thresholds. No project specific thresholds. e. Public Facilities and Improvements Project Thresholds. No project specific thresholds. f. Economic Development Project Thresholds. In accordance with 24 CFR 1003.302, for economic development assistance projects, you must provide a financial analysis. The financial analysis must demonstrate that the project is financially feasible and the project has a reasonable chance of success. The analysis must also demonstrate the public benefit resulting from the ICDBG assistance. The more funds you request, the greater public benefit you must demonstrate. The analysis must also establish that to the extent practicable, reasonable financial support will be committed from non-federal sources prior to disbursement of federal funds; any grant amount provided will not substantially reduce the amount of non-federal financial support for the activity; not more than a reasonable rate of return on investment is provided to the owner; and that grant funds used for the project will be disbursed on a pro-rata basis with amounts from other sources. g. Microenterprise Program Thresholds. No project specific threshold. 5. Public Service Projects Because there is a statutory 15 percent cap on the amount of grant funds that may be used for public service activities, you may not receive a single purpose grant solely to fund public service activities. Your application, however, may contain a public service component for up to 15 percent of the total grant. This component may be unrelated to the other project(s) included in your application. If your application does not receive full funding, we will reduce the public service allocation proportionately so that it comprises no more than 15 percent of the total grant award. In making such reductions, the feasibility of the proposed project will be taken into consideration. If a proportionate reduction of the public service allocation renders such a project infeasible, the project will not be funded. A complete description of Public Service Projects is located at 24 CFR 1003.201. 6. Restrictions on Eligible Activities Activities that are eligible for ICDBG funding are identified at 24 CFR part 1003, subpart C. Please note that although this subpart has not yet been revised to include the restrictions on activity eligibility that were added to Section 105 of the CDBG statute by Section 588 of the Quality Housing and Work Responsibility Act of 1998, these restrictions apply. Specifically, ICDBG funds may not be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from one area to another, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs. Rating Factors 2 and 3 included under Section V. specify many of the activities listed as eligible under part 1003, subpart C. Those listed include new housing construction (in certain circumstances as described in Rating Factors 2 and 3 in Section V.), housing rehabilitation, land acquisition to support new housing, homeownership assistance, public facilities and improvements, economic development, and microenterprise programs. However, the following eligible activities not clearly identified by the rating factors may be proposed and rated as described below. During the past few years, many tribes have experienced high incidences of mold growth in tribal homes and buildings. Renovation of affected buildings is eligible under housing rehabilitation or public facility improvement projects. For a complete description of eligible activities, please refer to 24 CFR part 1003, subpart C. a. Acquisition of Property: This activity can be proposed as Land to Support New Housing or as part of New Housing Construction, Public Facilities and Improvements, or Economic Development depending on the purpose of the land acquisition to support new construction. b. Assistance to Institutions of Higher Learning: If such entities have the capacity, they can help the ICDBG grantees to implement eligible projects. c. Assistance to Community Based Development Organizations (CBDOs): Grantees may provide assistance to these organizations to undertake activities related to neighborhood revitalization, community economic development, or energy conservation. d. Clearance, Demolition: These activities can be proposed as part of Housing Rehabilitation, New Housing Construction, Public Facilities and Improvements, Economic Development, or Land to Support New Housing. Section 1003.201 (d) states ``Demolition of HUD-assisted housing units may be undertaken only with the prior approval of HUD.'' e. Code Enforcement: This activity can be proposed as Housing Rehabilitation. The activity must comply with the requirements at 24 CFR 1003.202. f. Comprehensive Planning: This activity is eligible, and can be proposed, as part of any otherwise eligible project to the extent allowed by the 20 percent cap on the grant for planning/administration. g. Energy Efficiency: Associated activities can be proposed under Housing Rehabilitation or Public Facilities and Improvements depending upon the type of energy efficiency activity. h. Lead Based Paint Abatement and Evaluation: These activities can be proposed under Housing Rehabilitation. i. Non-Federal Share: ICDBG funds can be used as a match for any non-ICDBG funding to the extent allowed by such funding and the activity is eligible under 24 CFR part 1003, subpart C. j. Privately and Publicly Owned Commercial or Industrial Buildings (real property improvements): These activities can be proposed under Economic Development. Privately owned commercial rehabilitation is subject to the requirements at 24 CFR 1003.202. k. Privately Owned Utilities: Assistance to privately owned utilities can be proposed under Public Facilities and Improvements. l. Removal of Architectural Barriers: This includes removing barriers that restrict mobility and access for elderly and persons with disabilities. In addition, accommodation should be made for persons with all varieties of disabilities to enable them to benefit from these activities. This activity can be proposed under Housing Rehabilitation or Public Facilities and Improvements depending upon the type of structure where the barrier will be removed. [[Page 13660]] 7. Application Screening The Area ONAP will screen applications for single purpose grants. The Area ONAP will reject an application that fails this screening and will return the application unrated. The Area ONAP will accept your application if it meets all the criteria listed below as items a through f. a. Your application is received or submitted in accordance with the requirements set forth under Application and Submission Procedures in Section IV of this Program NOFA; b. You are eligible; c. The proposed project is eligible; d. Your application contains substantially all the components specified in Section IV. B. of this Program NOFA; e. Your application shows that at least 70 percent of the grant funds are to be used for activities that benefit low- and moderate- income persons, in accordance with the requirements of 24 CFR 1003.208. For screening purposes only, HUD will use the 2000 census data if the data you submitted does not meet this screening requirement; and f. Your application is for an amount that does not exceed the grant ceilings listed in Section IV. E.2. IV. Application and Submission Information A. Addresses to Request Application Package The FY 2005 application is now available from www.Grants.gov. Applicants are required to submit an electronic application unless they receive a waiver to the requirement. Please see the General Section for information on electronic application submission, procedures for requesting a waiver, and timely submission and receipt requirements. All information required to complete and return a valid application is included in the General Section and this program section. Appendices A and B in this program section include information and a list of forms required for application. Before preparing an application, applicants should carefully review the program description, ineligible activities, program and threshold requirements, and the General Section. Applicants should also review each rating factor listed in Section V, Application Review Information before writing a narrative response. Applicants should include all requested information, according to the instructions found in the NOFA and where applicable, in the General Section. Copies of the General Section and ICDBG program section (including appendices) may be downloaded from the grants.gov website at http:// www.grants.gov/Apply, or you may call HUD's NOFA Information Center at 800-HUD-8929 or for the hearing impaired, call 800-HUD-2209. If you experience any problems with downloading the General Section or the ICDBG program section, call the Grants.gov help desk at 800-518-GRANTS. B. Content and Form of Application Submission 1. Application Information To expedite the review of your application and ensure that your application is given a thorough and complete review of all responses to each of the components of the selection criteria, please indicate on the first page of each project submission, the type of project(s) being proposed: Economic Development, Homeownership Assistance, Housing Rehabilitation, Land Acquisition to Support New Housing, Microenterprise Programs, New Housing Construction or Public Facilities and Improvements. This will help to ensure that the appropriate project specific thresholds and rating subfactors will be applied. Narrative statements submitted to support your application should be individually labeled to reflect the item the narrative is responding to, e.g. Factor 1, Capacity; Factor 2, Need; etc. Any narratives and scanned documents must be submitted as a zip file, single attachment to the electronic application. Additional information regarding electronic submissions can be found in the General Section, If you are not submitting an electronic application and have received a waiver, please use separate tabs for each rating factor and rating subfactor. In order to be rated, make sure the response is beneath the appropriate heading. Keep the responses in the same order as the Program NOFA. It is recommended that you limit your narrative explanations to 200 words or less and provide the necessary data such as a market analysis, a pro forma, housing survey data, etc., that support the response. Include all relevant material to a response under the same tab. Only include documentation that will clearly and concisely support your response to the rating criteria. HUD suggests that you do a preliminary rating for your project, providing a score according to the point system in Section V. This will show you how reviewers might score your project. Also, it will show you where the strengths and weaknesses of the application are located. This will help you determine where improvements can be made to your application prior to its submission. The published Federal Register document is the official document that HUD uses to evaluate applications. Therefore, if there is a discrepancy between any materials published by HUD in hard copy or on www.grants.gov, or on any HUD Web site, and the Federal Register publication of the SuperNOFA, the information published in the SuperNOFA Federal Register publication (including any corrections published in the Federal Register) prevails. 2. Content of Application, Forms, and Assurances The applicant must respond in narrative form to all five of the rating factors listed in Section V.A.3. of this Program NOFA. In addition, the applicant must submit all of the forms required in this section, along with other data listed below. a. Demographic data. You may submit data that are unpublished and not generally available in order to meet the requirements of this section. Your application must contain a statement that the following criteria have been met: (1) Generally available published data are substantially inaccurate or incomplete; (2) Data that you submit have been collected systematically and are statistically reliable; (3) Data are, to the greatest extent feasible, independently verifiable; and (4) Data differentiate between reservation and BIA service area populations, when applicable. b. Publication of Community Development Statement. You must prepare and publish or post the community development statement portion of your application according to the citizen participation requirements of 24 CFR 1003.604. For publication and posting purposes, you may post or publish all narrative portions of the Statement if you include a statement that indicates that the entire Community Development Statement is available for public viewing and include the location, dates, and time it will be available for review. c. Application Submission. Your application must contain the items listed below. (1) Application for Federal Assistance (SF-424); [[Page 13661]] (2) SF-424 SUPP, Supplement Survey on Ensuring Equal Opportunity for Applicants; (3) Applicant/Recipient Disclosure/Update Report (HUD-2880); (4) Acknowledgement of Application Receipt (HUD-2993). This form will be required only for applicants who have received a waiver of the electronic submission requirements and are submitting their paper copy application. If the application has been submitted by a tribal organization as defined in 24 CFR 1003.5(b), on behalf of an Indian tribe, you must submit concurring resolutions from the Indian tribe stating that the tribal organization is applying on the tribe's behalf. Applicants must submit the resolution by either scanning it and attaching it as a file to your electronic application submission, or sending it via facsimile transmittal. The other required items are as follows: (5) Community Development Statement that includes: (a) Components that address the general threshold requirement and the relevant project specific thresholds and rating factors; (b) A schedule for implementing the project (Form HUD-4125, Implementation Schedule); and (c) Cost information for each separate project, including specific activity costs, administration, planning, technical assistance, and total HUD share (Form HUD-4123, Cost Summary). (6) A map showing project location, if appropriate; (7) If the proposed project will result in displacement or temporary relocation, a statement that identifies: (a) The number of persons (families, individuals, businesses, and nonprofit organizations) occupying the property on the date of the submission of the application (or date of initial site control, if later); (b) The number to be displaced or temporarily relocated; (c) The estimated cost of relocation payments and other services; (d) The source of funds for relocation; and (e) The organization that will carry out the relocation activities; (8) If applicable, evidence of the disclosure required by 24 CFR 1003.606(e) regarding conflict of interest. (9) If applicable, the demographic data statement described in Section IV.B.2.a. and Section V.A.3., Rating Factor 2 of this Program NOFA. The data accompanying the statement must identify the total number of persons benefiting from the project and the total number of low- and moderate-income persons benefiting from the project. To be considered, supporting documentation must include all of the following: a sample copy of a completed survey form; an explanation of the methods used to collect the data, and a listing of incomes by household. (10) Optional submissions are: (a) Client Comments and Suggestions (HUD-2994); (b) Logic Model, HUD-96010; A checklist identifying these forms is located in Appendix B. 3. Planning and Administrative Costs Applicants must report project planning and administration costs on Form HUD-4123, Cost Summary. Planning and administrative costs cannot exceed 20 percent of the grant. The following criteria applies to planning and administrative costs: a. Planning and administrative activities may only be funded in conjunction with a physical development activity. b. If you are submitting an application for more than one project, costs must be broken down by project. Submit one Form HUD-4123 for each proposed project in addition to a consolidated Form HUD-4123 that includes costs for all proposed projects. c. Do not include project costs (i.e. architectural/engineering, environmental, technical assistance, staff/overhead costs) directly related to project. C. Submission Dates and Times 1. Application Submission Deadline The application submission deadline is June 2, 2005. Applications submitted through www.Grants.gov/Apply must be received by Grants.gov no later than 11:59:59 Eastern time on the application submission date. If you have requested a waiver of the electronic submission requirements in the General Section, and are submitting a paper copy of your application, your completed application (one original and two copies) must be submitted to the United States Postal Service no later than 11:59:59 PM on the application submission date and be received by the designated Area Office of Native American Programs (ONAP) on or within 15 days of the application submission deadline. HUD will not accept any applications sent by e-mail or on a diskette, CD, or by facsimile. Please carefully follow the instructions in Section IV F. of the General Section for detailed information regarding application submission, delivery, and timely receipt requirements. D. Intergovernmental Review Executive Order 12372, Intergovernmental Review of Federal Programs, was issued to foster intergovernmental partnership and strengthen federalism by relying on state and local processes for the coordination and review of federal financial assistance and direct federal development. HUD implementing regulations are published in 24 CFR part 52. The Order allows each state to designate and entity to perform a state review function. The official listing of State Points of Contact (SPOC) for this review process can be found at http://www.whitehouse.gov/omb/grants/spoc.html. Please note that Indian tribes are not subject to the intergovernmental review process. E. Funding Restrictions 1. Ineligible Activities In general, any activity that is not authorized under the provisions of 24 CFR 1003.201-1003.206 is ineligible to be assisted with ICDBG grant funds. The regulations at 24 CFR 1003.207 govern ineligible activities and should be referred to for details. The following guidance is provided in determining the eligibility of other activities frequently associated with ICDBG projects. a. Government Office Space. Buildings, or portions thereof, used predominantly for the general conduct of government cannot be assisted with ICDBG funds. Those buildings include, but are not limited to, local government office buildings, courthouses, and other headquarters of government where the governing body meets regularly. Buildings that contain both governmental and non-governmental services can be assisted as long as the ICDBG funds are used only for the non-governmental sections. Examples of ineligible buildings are a building to house the community development division or a tribal administration building. Your Area ONAP office should be consulted for projects of this nature. b. General Government Expenses. Except as authorized in the regulations or under OMB Circular A-87, expenses required to carry out the regular responsibilities of the unit of general local government are not eligible for assistance with ICDBG funds. c. Maintenance and Operation Expenses. In general, any expenses associated with repairing, operating, or maintaining public facilities and services are not eligible for assistance. Specific exceptions to this general rule are operating and maintenance expenses associated with public service activities [24 CFR 1003.201(e)], office space for [[Page 13662]] program staff employed in carrying out the ICDBG program [24 CFR 1003.206(a)(4)], and interim assistance [24 CFR 1003.201(f)]. For example, where a public service is being assisted with CDBG funds, the cost of operating and maintaining that portion of the facility in which the service is located is eligible as part of the public service. Examples of ineligible operating and maintenance expenses are routine and non-routine maintenance and repair of streets, parks, playgrounds, water and sewer facilities, neighborhood facilities, senior centers, centers for persons with disabilities, parking facilities, and similar public facilities and, payment of salaries for staff, utility costs, and similar expenses necessary for the operation of public works and facilities. d. New Housing Construction. The construction of new permanent residential structures and any program to subsidize or finance such new construction is ineligible unless carried out by a Community-Based Development Organization (CBDO) pursuant to 24 CFR 1003.204(a). e. Furnishings and Personal Property. In general, the purchase of equipment, fixtures, motor vehicles, furnishings, or other personal property not an integral structural fixture is ineligible. Exceptions include when such purchases are necessary for use in grant administration (24 CFR 1003.206); necessary and appropriate for use in a project carried out by a CBDO (24 CFR 1003.204); used in providing a public service (24 CFR 1003.201(e)); or used as fire fighting equipment (24 CFR 1003.201(c)(1)(ii). However, ICDBG funds may be used to pay depreciation or use allowances (in accordance with OMB Circular A-87 or A-122 as applicable). f. Construction Tools and Equipment. The purchase of construction tools and equipment is generally ineligible. However, compensation for the use of such tools and equipment through leasing, depreciation, or use allowances pursuant to OMB Circulars A-87 and A-122, as applicable, for an otherwise eligible activity is an eligible use of ICDBG funds. Exceptions include construction tools and equipment purchased for use as part of a solid waste facility (24 CFR 1003.201(c)(1)(ii)) and construction tools only (not equipment) purchased for use in a housing rehabilitation project being administered by the recipient using the force account construction method (24 CFR 1003.202(b)(8)). g. Income Payments. In general, assistance shall not be used for income payments for housing or any other purpose. Income payments mean a series of subsistence-type grant payments made to an individual/ family for items such as food, clothing, housing (rent/mortgage) or utilities, but excludes emergency payments made over a period of up to three months to the provider of such items or services on behalf of an individual/family. Examples of ineligible income payments include the payments for income maintenance and housing allowances. 2. Grant Ceilings: The authority to establish grant ceilings is found at 24 CFR 1003.100(b)(1). Grant ceilings are established for FY2005 funding at the following levels: ------------------------------------------------------------------------ Area ONAP Population Ceiling ------------------------------------------------------------------------ Eastern Woodlands................. ALL................. $500,000 Southern Plains................... ALL................. 800,000 Northern Plains................... ALL................. 900,000 Southwest......................... 50,001+............. 5,500,000 10,501-50,000....... 2,750,000 7,501-10,500........ 2,200,000 6,001-7,500......... 1,100,000 1,501-6,000......... 825,000 0-1,500............. 605,000 Northwest......................... ALL................. 500,000 Alaska............................ ALL................. 500,000 ------------------------------------------------------------------------ For the Southwest Area ONAP jurisdiction, the population used to determine ceiling amounts is the Native American population that resides on a reservation or rancheria. Please contact that office before submitting your application if you are unsure of the population level to use to determine the ceiling amount for your tribe or if you believe that the level used for previous years needs to be revised or corrected. The Southwest ONAP must approve any corrections or revisions to Native American population data before you submit your application. F. Other Submission Requirements 1. Mailing and Receipt Procedures Specific information regarding mailing and receipt procedures for FY 2005 is located in the General Section, Section IV, F. 2. Addresses for Submitting Applications HUD will only accept mailed applications if a waiver of the electronic delivery process has been approved by HUD. Information regarding electronic submission and waivers from the electronic submission requirement is located in the General Section. If a waiver of the electronic submission requirement is granted, submit the original signed application and two copies to the appropriate Area ONAP for your jurisdiction. A list identifying each Area ONAP jurisdiction is provided below. ------------------------------------------------------------------------ Send your application to this area ONAP: (Persons with hearing and/or If you are applying from this speech challenges may access the geographic location and a waiver telephone numbers listed on this page from the electronic submission via TTY (text telephone) by calling requirements has been granted, the Federal Relay Service at 800-877- then . . . 8339 (this is a toll-free number) ------------------------------------------------------------------------ All States East of the Eastern/Woodlands Office of Native Mississippi River, Plus Iowa and American Programs, Grants Management Minnesota. Division, 77 West Jackson Blvd., Room 2400, Chicago, IL 60604-3507, Telephone: (312) 886-4532, Ext. 2815 or 800-735-3239. Louisiana, Kansas, Oklahoma, and Southern Plains Office of Native Texas, except West Texas. American Programs, Grants Management Division, 301 N.W. 6th Street, Suite 200, Oklahoma City, OK 73102, Telephone: (405) 609-8520. Colorado, Montana, Nebraska, Northern Plains Office of Native North Dakota, South Dakota, American Programs, Grants Management Utah, and Wyoming. Division, UMB Plaza, 1670 Broadway, 23rd Floor, Denver, CO 80202-4801, Telephone: (303) 672-5465 or 888-814- 2945. Arizona, California, and Nevada.. Southwest Office of Native American Programs, Grants Management Division, One North Central Avenue, Suite 600, Phoenix, AZ 85004-2361, Telephone: (602) 379-7220. New Mexico and West Texas........ Southwest Office of Native American Programs, Grants Management Division, 625 Silver Ave., SW Suite300, Albuquerque, NM 87102- 3185, Telephone: (505) 346-6923. [[Page 13663]] Idaho, Oregon, Washington........ Northwest Office of Native American Programs, Grants Management Division, Federal Office Building, 909 First Avenue, Suite 300, Seattle, WA 98104-1000, Telephone: (206) 220-5270. Alaska........................... Alaska Office of Native American Programs, Grants Management Division, 3000 C. Street, Suite 401, Anchorage, AK 99503, (907) 677-9800. ------------------------------------------------------------------------ V. Application Review Information A. Criteria 1. RC/EZ/EC-II: Bonus points described in the General Section for projects located in RC/EZ/EC-II will not be awarded under this Program NOFA. 2. Rating Factors to Evaluate and Rate Applications: The factors for rating and ranking applications and the points for each factor are provided below. A maximum of 100 points may be awarded under Rating Factors 1 through 5. To be considered for funding, your application must receive a minimum of 15 points under rating factor 1 and an application score of 70 out of the possible total of 100, the maximum any project can receive. The following summarizes the points assigned to each rating factor and each rating subfactor and lists which rating subfactors apply to which project types. Please use this table to ensure you are addressing the appropriate rating subfactor for your project. ---------------------------------------------------------------------------------------------------------------- Rating factor Rating sub- factor Points Project type ---------------------------------------------------------------------------------------------------------------- 1................................. Total................ 30 Minimum of 15 Points Required. (1)(a)............... 10................... All Project Types. (1)(b)............... 5 or 7*.............. All Project Types. (1)(c)............... 3 or 8*.............. All Project Types. (1)(d)............... 2 or 5*.............. All Project Types. (2)(a)............... 2 or 0*.............. All Project Types. (2)(b)............... 2 or 0*.............. All Project Types. (2)(c)............... 2 or 0*.............. All Project Types. (2)(d)............... 2 or 0*.............. All Project Types. (2)(e)............... 2 or 0*.............. All Project Types. ------------------------ 2................................. Total................ 20 1.................... 5.................... All Project Types. (2)(a)............... 15................... Public Facilities and Improvements and Economic Development Projects. (2)(b)............... 15................... New Housing Construction, Housing Rehabilitation, Land Acquisition to Support New Housing, and Homeownership Assistance Projects. (2)(c)............... 15................... Microenterprise Programs. ------------------------ 3................................. Total................ 35 (1).................. 14................... All Project Types. (2).................. 5.................... All Project Types. (3).................. 1.................... By Project Type. (4)(a)............... 15................... Public Facilities and Improvements. (4)(b)............... 15................... New Housing Construction, Housing Rehabilitation, and Homeownership Assistance Projects. (4)(c)............... 15................... Economic Development Projects. (4)(d)............... 15................... Microenterprise Programs. (4)(e)............... 15................... Land Acquisition to Support New Housing. ------------------------ 4................................. Total................ 10................... All Project Types. ------------------------ 5................................. Total................ 5.................... All Project Types. ======================== Total......................... ..................... 100.................. Minimum of 70 Points Required. ---------------------------------------------------------------------------------------------------------------- * The first number listed indicates the maximum number of points available to current ICDBG grantees under this subfactor. The second number indicates the maximum number of points available to new applicants. Rating Factor 1: Capacity of the Applicant (30 Points) This Factor addresses the extent to which you have the organizational resources necessary to successfully implement the proposed activities in accordance with your implementation schedule. If applicable, past performance in administering previous ICDBG grants will be taken into consideration. You must address the existence or availability of these resources for the specific type of activity for which you are applying. You must receive a minimum of 15 points under this Factor for your proposed activity to be eligible for funding. HUD will not rate any projects further that do not receive a minimum of 15 points under this factor. Please note: If your application is funded, you will be required to submit an annual status and evaluation report which will describe the status of completed activities and any remaining work to be done (see Section VI.C. Reporting). The [[Page 13664]] implementation schedule and/or the Logic Model, Form HUD 96010, you submit for this Factor will also be measured against actual progress if you are funded. (1) (20 points for current ICDBG grantees) (30 points for new applicants) Managerial, Technical, and Administrative Capability. Your application must include documentation demonstrating that you possess or can obtain managerial, technical, and/or administrative capability necessary to carry out the proposed project. Your application must address who will administer the project and how you plan to handle the technical aspects of executing the project in accordance with your implementation schedule. Typical documents that may be submitted include, but are not limited to, resumes of proposed staff, written summaries of qualifications and past experience, job descriptions, organizational charts and staffing plans, and references or letters of endorsement from others who have worked with the proposed staff. (a) (10 points). Managerial and Technical Staff. The extent to which your application provides documentation and describes the roles/responsibilities and the knowledge/experience of your overall proposed project director and staff, including the day-to- day program manager, consultants, and contractors in planning, managing, and implementing projects in accordance with the implementation schedule for which funding is being requested. Experience will be judged in terms of recent, relevant, and successful experience of your staff to undertake eligible program activities. In rating this Factor, HUD will consider experience within the last 5 years to be recent; experience pertaining to the specific activities being proposed to be relevant; and experience producing specific accomplishments to be successful. The more recent the experience and the more experience your own staff members who work on the project have in successfully conducting and completing similar activities, the greater the number of points you will receive for this rating Factor. (10 Points). The applicant has provided documentation and adequately describes the roles/responsibilities and the knowledge/ experience of its overall project director and staff, including the day-to-day program manager, consultants, and contractors in planning, managing, and implementing projects for which funding is being requested. Staff experience as described in the application is recent (within 5 years), relevant (pertains to the specific activities being proposed) and successful (has produced specific accomplishments). (5 Points). The applicant has provided documentation and adequately describes the roles/responsibilities and the knowledge/experience of its overall project director and staff, including the day-to-day program manager, consultants, and contractors in planning, managing and implementing projects for which funding is being requested. However, one of the following applies: staff experience as described in the application is not recent (not within 5 years), is not relevant (does not pertain to the specific activities being proposed), or is not successful (did not produce specific accomplishments). (0 Points). The applicant has not provided any documentation or adequately described the roles/responsibilities and the knowledge/ experience of its overall project director and staff, including the day-to-day program manager, consultants, and contractors in planning, managing, and implementing projects for which funding is being requested or more than one of the following applies: staff experience as described in the application is not recent (not within 5 years), is not relevant (does not pertain to the specific activity being proposed), or is not successful (did not produce specific accomplishments). (b) (5 points for current ICDBG grantees) (7 points for new applicants) Project Implementation Plan and Program Evaluation. The extent to which your project implementation plan identifies the specific tasks and timelines that you and your partner contractors and/ or sub grantees will undertake to complete your proposed project on time and within budget. The Project Implementation Schedule, Form HUD- 4125, may serve as this required schedule, provided that it is sufficiently detailed to demonstrate that you have clearly thought out your project implementation. The extent to which your project identifies, measures, and evaluates the specific benchmarks, outputs, outcomes, and/or goals of your project that enhance community viability. The Logic Model, Form HUD-96010, may serve as the format to address this information or you may provide a different format that provides the same information. (5 points for current ICDBG grantees) (7 points for new applicants). The applicant submitted a project implementation plan that clearly specifies project tasks and timelines. The documentation identifies the steps in place to make adjustments to the work plan if tasks are not completed within established time frames. The applicant submitted clear project benchmarks, outputs, outcomes, and/or targets and identified objectively quantifiable program measures and/or evaluation process. (3 points for current ICDBG grantees) (4 points for new applicants). The applicant submitted a project implementation plan that specifies project tasks and timelines. The applicant submitted project benchmarks, outputs, outcomes, and/or targets for each; however, did not clearly identify objectively quantifiable program measures and/or the evaluation process. (0 points for current ICDBG grantees or new applicants). The applicant submitted a project implementation schedule that does not address all project tasks and timelines associated with the project. Project benchmarks, outputs, outcomes, and/or goals were not submitted, or if submitted, did not address either the quantifiable program measures and/or the evaluation process. (c) (3 points for current ICDBG grantees) (8 points for new applicants) Financial Management. This subfactor evaluates the extent to which your application describes how your financial management systems will facilitate effective fiscal control over your proposed project and meet the requirements of 24 CFR part 85 and 24 CFR part 1003. You must also describe how you will apply your financial management systems to the specific project for which you are applying. The application must include a tribal resolution or other written document signed by the appropriate entity according to tribal practices that adopts your financial management and/or internal control policies and procedures. The application will also be rated on the seriousness/significance of the findings related to your financial management system identified in your current audit. If you are required to have an audit but do not have a current audit, you must submit a letter from your Independent Public Accountant that is dated within the past 12 months stating that your financial management system complies with all applicable regulatory requirements. If you are not required to have an audit, you will automatically receive points for this portion of the subfactor if you provide the other information required by this subfactor. For purposes of this subfactor, a current audit is one which has been submitted to the Federal Audit Clearinghouse within 9 months of the end of the [[Page 13665]] applicant's last fiscal year, or 30 days after receipt of the audit report from the auditor, whichever comes first. (3 points for current ICDBG grantees) (8 points for new applicants). The applicant clearly described how it will apply its financial management systems to the proposed project. A tribal resolution or other written document signed by the appropriate entity according to tribal practices adopting financial management or internal control policies and procedures were included with the application. The applicant's current audit does not contain any serious or significant findings related to its financial management system, or if there is no current audit, the applicant submitted a letter from its Independent Public Accountant stating that its financial management system complies with all applicable regulatory requirements. (2 points for current ICDBG grantees) (4 points for new applicants). The applicant's current audit does not contain any serious or significant findings related to its financial management system, or if there is no current audit, the applicant submitted a letter from its Independent Public Accountant stating that its financial management system complies with all applicable regulatory requirements. The applicant did not describe how it would apply its financial management systems to the proposed project, or it did not submit a tribal resolution or other written document adopting financial management or internal control policies and procedures. For purposes of this subfactor, a current audit is one which has been submitted to the Federal Audit Clearinghouse within 9 months of the end of the applicant's last fiscal year, or 30 days after receipt of the audit report from the auditor, whichever comes first. (1 point for current ICDBG grantees) (2 points for new applicants). The applicant's current audit does not contain any serious or significant findings related to its financial management system, or if there is no current audit, the applicant submitted a letter from its Independent Public Accountant stating that its financial management system complies with all applicable regulatory requirements. The applicant did not describe how it would apply its financial management systems to the proposed project, and it did not submit a tribal resolution or other written document adopting financial management or internal control policies and procedures. (0 points for current ICDBG grantees or new applicants). The applicant's current audit included serious or significant findings related to its financial management systems or if there is no current audit, the applicant did not submit a letter from its IPA stating its financial management systems comply with all regulatory requirements. No tribal resolution or other written document adopting financial management or internal control policies and procedures were submitted with the application, and the applicant did not describe how it would apply its financial management systems to the proposed project. (d) (2 points for current ICDBG grantees) (5 points for new applicants) Procurement and Contract Management. This subfactor evaluates the extent to which your application describes how your procurement and contract management policies and procedures will facilitate effective procurement and contract control over your proposed project and meet the requirements of 24 CFR part 85 and 24 CFR part 1003. You must also describe how you will apply your procurement and contract management systems to the specific project for which you are applying. The application must include a tribal resolution or other written document signed by the appropriate entity according to tribal practices that adopts your procurement and contract management policies and procedures. The application will also be rated on the seriousness of the findings related to procurement and contract management identified in your current financial audit. If you are required to have an audit but do not have a current audit, you must submit a letter from your Independent Public Accountant stating that your procurement and contract management system complies with all applicable regulatory requirements. If you are not required to have an audit, you will automatically receive points for this portion of the subfactor if you provide the other information required by this subfactor. (2 points for current ICDBG grantees) (5 points for new applicants). The applicant clearly described how its procurement and contract management policies and procedures will facilitate effective procurement and contract control over the proposed project, and meet the requirements of 24 CFR part 85 and 24 CFR part 1003. A tribal resolution or other written document signed by the appropriate entity according to tribal practices adopting procurement and contract management policies and procedures were included with the application. The applicant's current audit does not contain any serious or significant findings related to its procurement and contract management system, or if there is no current audit, the applicant submitted a letter from its Independent Public Accountant stating that its procurement and contract management system complies with all applicable regulatory requirements. (1 point for current ICDBG grantees) (4 points for new applicants). The applicant's current audit does not contain any serious or significant findings related to its procurement or contract management system, or if there is no current audit, the applicant submitted a letter from its Independent Public Accountant stating that its procurement and contract management system complies with all applicable regulatory requirements. The applicant did not describe how it would apply its procurement and contract management systems to the proposed project, or it did not submit a tribal resolution or other written document adopting procurement and contract management policies and procedures. (0 points for current ICDBG grantees or new applicants). The applicant's current audit included serious or significant findings related to its procurement and contract management systems or if there is no current audit, the applicant did not submit a letter from its IPA stating its procurement and contract management systems comply with all regulatory requirements. No tribal resolution or other written document adopting procurement or contract management policies and procedures were submitted with the application, and the applicant did not describe how it would apply its procurement and contract management systems to the proposed project. (2) (10 points for current ICDBG grantees) (0 points for new applicants) Past Performance. HUD will evaluate your experience in producing timely products and reports in any previous grant programs undertaken with HUD funds for the following performance measures. HUD reserves the right to take into account your past performance in meeting performance and reporting goals on any previous HUD awards. Applicants are not required to respond to the subfactors related to past performance. HUD will rely on information on file. (a) (2 points for current ICDBG grantees) (0 points for new applicants). You have had satisfactory progress in meeting the time frames established in the HUD-approved Implementation Schedule for the ICDBG Program. (2 points). The applicant has made satisfactory progress in meeting the timeframes established in the implementation schedule, or was behind schedule but the applicant has [[Page 13666]] an approved revised implementation schedule that was submitted prior to application deadline. (0 points). The applicant has not made satisfactory progress meeting timeframes in the most recently approved implementation schedule. (b) (2 points for current ICDBG grantees) (0 points for new applicants). (2 points). The applicant has submitted both the Annual Status and Evaluation Reports and Federal Cash Transaction Reports for ICDBG programs in a timely manner. (1 point). The applicant has submitted either the Federal Cash Transaction Reports or the Annual Status and Evaluation Reports for ICDBG programs in a timely manner. (0 points). The applicant has not submitted either of the required reports in a timely manner. (c) (2 points for current ICDBG grantees) (0 points for new applicants). You have submitted close-out documents to HUD in a timely manner. Close-out documents are required for the ICDBG Program within 90 days of the date it is determined that the criteria for close-out at 24 CFR 1003.508 have been met. (2 points). The applicant submitted close-out documents to HUD in accordance with the timeframe and criteria at Sec. 1003.508. (0 points). The applicant has not submitted close-out documents to HUD as required by Sec. 1003.508. (d) (2 points for current ICDBG grantees) (0 points for new applicants). You have submitted annual audits in a timely fashion in accordance with the ICDBG requirements and OMB Circular A-133 and its compliance supplements. (2 points). The applicant has submitted annual audits in accordance with ICDBG requirements and OMB Circular A-133 and its compliance supplements, or if the applicant has not been required to submit an audit, it will receive 2 points. (0 points). The applicant has not submitted annual audits in accordance with ICDBG requirements and OMB Circular A-133 and its compliance supplements. (e) (2 points for current ICDBG grantees) (0 points for new applicants). You have resolved in a timely manner ICDBG monitoring findings and controlled audit findings or there are no findings in current reports. (2 points). The applicant resolved open ICDBG monitoring findings and controlled audit findings in a timely manner. If there were no open audit or ICDBG monitoring findings (current grantees only), the applicant will receive 2 points. (0 points). The applicant has not resolved open ICDBG monitoring findings and controlled audit findings in a timely manner. Rating Factor 2: Need/Extent of the Problem (20 points) This factor addresses the extent to which there is a need for the proposed project to address a documented problem among the intended beneficiaries. (1) (up to 5 points). Your application includes quantitative documentation demonstrating that the proposed project meets an essential community development need by providing outcomes that are critical to the viability of the community. (2) (15 points). Your project benefits the neediest segment of the population, in accordance with the Program's primary objective defined at 24 CFR 1003.2. The criteria for this sub-factor vary according to the type of project for which you are applying. Please note that you may submit data that are unpublished and not generally available in order to meet the requirements of this section. However, to do so, you must submit a demographic data statement along with supporting documentation as described in Section IV.B.2.a. For documenting persons employed by the project, you do not need to submit a demographic data statement and corresponding documentation. However, you do need to submit information that describes the nature of the jobs created or retained. Such information includes but is not limited to proposed job descriptions, salaries and the number of full-time equivalent positions. If you believe jobs will be retained as a result of the ICDBG project, include information that show clearly and objectively, that jobs will be lost without the ICDBG project. Jobs that are retained only for the period of the grant will not count under this rating factor. (a) Public Facilities and Improvements and Economic Development Projects. The proposed activities benefit the neediest segment of the population, as identified below. For economic development projects, you may consider beneficiaries of the project as persons served by the project and/or persons employed by the project, and jobs created or retained by the project. (15 points). 85 percent or more of the beneficiaries are low- or moderate-income. (10 points). At least 75 percent but less than 85 percent of the beneficiaries are low- or moderate-income. (5 points). At least 55 percent but less than 75 percent of the beneficiaries are low- or moderate-income. (0 points). Less than 55 percent of the beneficiaries are low- or moderate-income. (b) New Housing Construction, Housing Rehabilitation, Land Acquisition to Support New Housing, and Homeownership Assistance Projects. The need for the proposed project is determined by utilizing data from the tribe's 2005 IHBG formula information. The ratio is based on the dollars allocated to a tribe under the IHBG Program for Need divided by the sum of the number of AIAN households in the following categories: --Annual income less than 30 percent of median income; --Annual income between 30 percent and 50 percent of median income; --Annual income between 50 percent and 80 percent of median income; --Overcrowded or without kitchen or plumbing; --Housing cost burden greater than 50 percent of annual income; --Housing shortage (Number of low-income AIAN households less total number of NAHASDA and Formula Current Assisted Stock). This ratio is computed for each tribe and contained in Appendix A. (15 points). The dollar amount for the Indian tribe is $354-$675 or the tribe's total FY2005 IHBG amount was $100,000 or less and Appendix A of this NOFA indicates that the Indian tribe has no AIAN households experiencing income or housing problems. (10 points). The dollar amount for the Indian tribe is $67-$1,200. (5 points). The dollar amount for the Indian tribe is $1,201- $1,999. (0 points). The dollar amount for the Indian tribe is $2,000 or higher, or Appendix A indicates that the Indian tribe has no AIAN households experiencing income or housing problems. (c) Microenterprise Programs. A microenterprise is a business that has five or fewer employees, one or more of whom owns the enterprise. The owner(s) of the microenterprise must be low- or moderate-income and the majority of the jobs created or retained will be for low- or moderate-income persons. To evaluate need, the nature of the jobs created or retained will be evaluated. The owners of the microenterprises are low- and moderate- income and: (15 points). All employees are low- or moderate-income. (10 points). At least 75 percent but less than 100 percent of the employees are low- or moderate-income. (5 points). At least 50 percent but less than 75 percent of the employees are low- or moderate-income. [[Page 13667]] (0 points). Less than 50 percent of the employees are low- and moderate-income. Rating Factor 3: Soundness of Approach (35 Points) This factor addresses the quality and anticipated effectiveness of your proposed project's outcomes in enhancing community viability and in meeting the needs you have identified in Rating Factor 2 and the commitment to sustain your proposed project. The populations that were described in demographics that documented need should be the same populations that will receive the primary benefit of the proposed project. (1) (14 points). Description of and Rationale for Proposed Project. (14 points). The proposed project is a viable and cost effective approach to address the needs outlined under Rating Factor 2 of your application. The proposed project is described in detail and indicates why you believe the proposed project will be most effective in addressing the identified need. The proposed outcomes for the project clearly describe how the community's viability will be enhanced, including selection of measures listed in Rating Factor 5. The application includes a description of the size, type and location of the project and a rationale for project design. The application must also include anticipated cost savings due to innovative program design or construction methods. For land acquisition to support new housing projects, you must establish that there is a reasonable ratio between the number of net usable acres to be acquired and the number of low- and moderate-income households to benefit from the project. (9 points). The proposed project is a viable and cost effective approach to address the needs outlined under Rating Factor 2 of the application. The project is described in detail and indicates why you believe the project will be most effective in addressing the identified need. Proposed outcomes that will enhance the community's viability are included. The application includes a description of the size, type and location of the project as well as a rationale for project design. For land acquisition to support new housing projects, the applicant has established that there is a reasonable ratio between the number of net usable acres to be acquired and the number of low- and moderate-income households to benefit from this project. The application does not include anticipated cost savings due to innovative program design and/ or construction methods. (5 points). The proposed project is a viable and cost effective approach to address the needs outlined under Rating Factor 2 of the application. The project is described and indicates why you believe the project will be most effective in addressing the identified need. Proposed outcomes are included but do not describe how the project will enhance community viability. The application includes a description of the size, type, and location of the project. For land acquisition to support new housing projects, the applicant has established that there is a reasonable ratio between the number of net usable acres to be acquired and the number of low- and moderate-income households to benefit from the project. The application does not include anticipated cost savings due to innovative program design and/or construction methods. (0 points). The proposed project is not a viable and cost effective approach to address the needs outlined under Rating Factor 2 of the application. The proposed project is not described in detail with an indication of why the applicant believes the project will be most effective in addressing the identified need. Proposed outcomes describing how the project will enhance community viability are not included. For land acquisition to support new housing projects, the applicant has not established that there is a reasonable ratio between the number of net usable acres to be acquired and the number of low- and moderate-income households to benefit from the project. The application does not include anticipated cost savings due to innovative program design and/or construction methods. (2) (5 points). Budget and Cost Estimates. The quality, thoroughness, and reasonableness of the proposed project budget are documented. Cost estimates must be broken down by line item for each proposed activity, including planning and administration costs, and documented. You must submit documentation listing the qualifications of the person who prepared the cost estimate. (3) (1 point). HUD Policy Priorities. Your application addresses the goals for ``Improving Our Nation's Communities'', or ``Energy Star'', two of HUD's 2005 Policy Priorities, as described in Section V. B. 2 of the General Section. You must describe which of these two Policy Priorities you select and describe how your activity will meet the applicable goals. (4) (15 points). Commitment to Sustain Activities. Your application demonstrates your commitment to your community's viability by sustaining your proposed activities. The information provided is sufficient to determine that the project will proceed effectively. The criteria for this sub-factor vary according to the type of project for which you are applying. (a) Public Facilities and Improvement Projects. (15 points). If a tribe assumes operation and maintenance responsibilities for the public facilities and improvements, a tribal resolution is included in the application that adopts the operation and maintenance plan and commits the necessary funds to provide for these responsibilities. In addition, the operation and maintenance plan is included in the application and addresses maintenance, repairs, insurance, security, and replacement reserves and includes a cost breakdown for annual expenses. If an entity other than the tribe commits to pay for operation and maintenance for the public facilities, a letter of commitment from the entity is included in the application that identifies the maintenance responsibilities and, if applicable, responsibilities for operations the entity will assume as well as necessary funds to provide for these responsibilities. Submission of the operation and maintenance plan is not required when an entity other then the tribe assumes operation and maintenance responsibilities. For public facility buildings only, a tribal resolution or letter of commitment is included in the application that identifies the source of and commits the necessary operating funds for any recreation, social or other services to be provided. In addition, letters of commitment from service providers are included which address both operating expenses and space needs. (10 points). If a tribe assumes operation and maintenance responsibilities for the public facilities and improvements, a tribal resolution is included in the application that adopts the operation and maintenance plan and commits the necessary funds to provide for these responsibilities. In addition, the operation and maintenance plan is included in the application and addresses most of the following items (maintenance, repairs, insurance, security, and replacement reserves) but does not include a satisfactory cost breakdown for annual expenses. If an entity other than the tribe commits to pay for operation and maintenance for the public facilities and maintenance, a letter of commitment from the entity is included in the application that identifies the maintenance responsibilities and, if applicable, [[Page 13668]] responsibilities for operations the entity will assume but no information committing the necessary funds to provide for these responsibilities is included. Submission of the operation and maintenance plan is not required when an entity other than the tribe assumes operation and maintenance responsibilities. For community buildings only, a tribal resolution or letter of commitment is included in the application that identifies the source of and commits the necessary operating funds for any recreation, social or other services to be provided. In addition, letters of commitment from service providers are included which address both operating expenses and space needs. Information provided is sufficient to determine that the project will proceed effectively. (5 points). If a tribe assumes operation and maintenance responsibilities for the public facilities and improvements, a tribal resolution is included in the application that adopts the operation and maintenance plan and commits the necessary funds to provide for these responsibilities, or the operation and maintenance plan is included in the application and addresses most of the following items (maintenance, repairs, insurance, security, and replacement reserves). If an entity other than the tribe commits to pay for operation and maintenance for the public facilities and maintenance, the maintenance provider is identified and, if applicable, responsibilities for operations the entity will assume, but no letter of commitment is included. For public facility buildings only, no tribal resolution or letter of commitment is included in the application that identifies the source of and commits the necessary operating funds for any recreation, social or other services to be provided. However, letters of commitment to provide services are included but they do not address operating expenses and space needs. Information provided is sufficient to determine that the project will proceed effectively (0 points). None of the above criteria is met. (b) New Housing Construction, Housing Rehabilitation, and Homeownership Assistance Projects. (15 points). The ongoing maintenance responsibilities are clearly identified for the tribe and/or the participants, as applicable. Any participant maintenance responsibilities are included on a statement to be signed by the participant as a condition of receiving grant assistance and the statement to be used is included in the application. If the tribe or another entity is assuming maintenance responsibilities, then the applicant must submit either a tribal resolution or letter of commitment to that effect. (10 points). Maintenance responsibilities are identified, but lacking in detail, and the above statement (if applicable) to be signed by the participant, or the tribal resolution or letter of commitment regarding maintenance responsibilities is submitted. (5 points). Tribal maintenance responsibilities are identified but participant responsibilities are either not addressed or do not exist, or there is no tribal resolution or letter of commitment or statement signed by the participant. (0 points). None of the above criteria is met. (c) Economic Development Projects. You must include information or documentation which addresses or provides all of the following in the application: a description of the organizational system and capacity of the entity that will operate the business; documents which show that formal provisions exist for separation of government functions from business operating decisions, an operating plan for the project, and the feasibility and market analysis of the proposed business activity and the financial viability of the project. Appropriate documents to include in the application to address these items include: (i) Articles of incorporation, by-laws, resumes of key management positions and board members for the entity who will operate the business. (ii) Business operating plan. (iii) Market study no more than two years old and which has been conducted by an independent entity. (iv) Feasibility study no more than two years old which indicates how the proposed business will capture a fair share of the market, and which has been conducted by an independent entity. (v) Detailed cost summary for the development of the project. (vi) Five year operating or cash flow financial projections. (vii) For the expansion of an existing business, copies of financial statements for the most recent three years (or the life of the business, if less than three years). The submitted documentation will be evaluated to determine the project's financial chance for success. The following information must be addressed to meet this requirement: (i) Does the business plan seem thorough and the organization structure have quality control and responsibilities built in? (ii) Does the business plan or market analysis indicate that a substantial market share is likely within five years? (iii) Do the costs appear to be reasonable given projected income and information about inputs? (iv) Does the business plan or cash flow analysis indicate that cash flow will be positive within the first year? (v) Is the financial statement clean with no indications of concern by the auditor? (15 points). All above documents applicable to the proposed project are included in your application and provide evidence that the project's chance for financial success is excellent. (8 points). All or most of the above documents applicable to the proposed project are included and provide evidence that the project's chance for financial success is reasonable. (0 points). Neither of the above criteria is met. (d) Microenterprise Programs. You must include the following information or documentation in the application that addresses or provides a description of how your microenterprise program will operate. Appropriate information to include in the application to address program operations includes: (i) Program description. A description of your microenterprise program including the types of assistance offered to microenterprise applicants and the types of entities eligible to apply for such assistance. (ii) Processes for selecting applicants. A description of your processes for analyzing microenterprise applicants' business plans, market studies and financial feasibility. For credit programs, you must describe your process for determining the loan terms (i.e. interest rate, maximum loan amount, duration, loan servicing provisions) to be offered to individual microenterprise applicants. (15 points). All of the above information or documentation applicable to the proposed project are thoroughly addressed in the application and the chances for success are excellent. (8 points). All or most of the above information or documentation applicable to the proposed project are addressed in the application and the chances for success are reasonable. (0 points.) Neither of the above criteria is met. (e) Land Acquisition Projects to Support New Housing. Submissions must include the results of a preliminary investigation [[Page 13669]] conducted by a qualified independent entity demonstrating that the proposed site has suitable soil conditions for housing and related infrastructure, potable drinking water is accessible for a reasonable cost, access to utilities, vehicular access, drainage, nearby social and community services, and no known environmental problems. (15 points).) The submissions include all of the above-mentioned items and all necessary infrastructure is in place. (8 points). The submissions demonstrate that the proposed site(s) is/are suitable for housing but that not all necessary infrastructure is in place. A detailed description of resources to be used and a detailed implementation schedule for development of all necessary infrastructure demonstrates that such infrastructure, as needed for proposed housing development, will be developed in time for such development, but no later than two years after site purchase. (0 points). Neither of the above criteria is met. Rating Factor 4: Leveraging Resources (10 Points) HUD believes that ICDBG funds can be used more effectively to benefit a larger number of Native American and Alaska Native persons and communities if projects are developed that use tribal resources and resources from other entities in conjunction with ICDBG funds. To encourage this, we will award points based on the percentage of non- ICDBG resources provided relative to project costs as follows: ------------------------------------------------------------------------ Non-ICDBG resources to project costs Points ------------------------------------------------------------------------ Less than 5 percent............................................ 0 At least 5 percent but less than 10 percent.................... 2 At least 10 percent but less than 15 percent................... 4 At least 15 percent but less than 20 percent................... 6 At least 20 percent but less than 25 percent................... 8 25 percent or more............................................. 10 ------------------------------------------------------------------------ Contributions which could be considered as leveraged resources for point award include, but are not limited to: Tribal trust funds; loans from individuals or organizations; private foundations; businesses; state or federal loans or guarantees; other grants including IHBG (also known as NAHBG) funds; donated goods and services needed for the project; land needed for the project; and, direct administrative costs. With the exception of land acquisition, funds that have been expended on the project prior to application submission will not be counted as leverage. Applicants are reminded that environmental review requirements under 24 CFR part 58 apply to the commitment or use of both ICDBG and non-ICDBG funds in a leveraged project. See Section VI.B.a. for information related to this requirement. Contributions that will not be considered include, but are not limited to: Indirect administrative costs as identified in OMB Circular A-87, attachment A, section F; contributions of resources to pay for anticipated operations and maintenance costs of the proposed project; and, in the cases of expansions to existing facilities, the value of the existing facility. To be considered for point award, letters of firm or projected commitments, memoranda of understanding, or agreements to participate from any entity, including the tribe, which will be providing a contribution to the project, must accompany the application. The documentation must be received by HUD in the paper application package (if you have received a waiver of the electronic submission requirement) or for electronically submitted applications, the documentation must be scanned and submitted as part of the application documents or sent by facsimile transmittal. Applicants should follow the requirements for facsimile transmittal requirements in the General Section. All documents submitted must be received by the application submission dates and meet the timely receipt requirements to receive funding consideration. To demonstrate the commitment of tribal resources, the application must contain a council resolution or legal equivalent that identifies and commits the tribal resources to the project, subject to approval of the ICDBG assistance. In the case of IHBG (also known as NAHBG) funds, whether the tribe or a TDHE administers them, an approved IHP must identify and commit the IHBG (also known as NAHBG) resources to the project. If the tribe/TDHE intends to include the leveraged commitment in a future IHP, the application must contain a council resolution or legal equivalent that identifies and commits the IHBG (also known as NAHBG) resources to the project subject to the same requirements as above. To demonstrate the commitment of public agency, foundation, or other private party resources, a letter of commitment, memorandum of understanding, and/or agreement to participate, including any conditions to which the contribution may be subject, must be submitted with the application. All letters of commitment must include the donor organization's name, the specific resource proposed, the dollar amount of the financial or in-kind resource and method for valuation, and the purpose of that resource within the proposed project. An official of the organization legally authorized to make commitments on behalf of the organization must sign the commitment. HUD recognizes that in some cases, firm commitments of non-tribal resources may not be obtainable by your tribe by the application submission deadline. For such projected resources, your application must include a statement from the contributing entity that describes why the firm commitment cannot be made at the current time and affirms that your tribe and the proposed project meets eligibility criteria for receiving the resource. In addition, a date by which the funding decisions will be made must be included. This date cannot be more than six months from the anticipated date of grant approval by HUD. Should HUD not receive notification of the firm commitment within 6 months of the date of grant approval, HUD will recapture the grant funds approved and will use them in accordance with the requirement of 24 CFR 1003.102. In addition to the above requirements, for all contributions of goods, services and land, you must demonstrate that the donated items are necessary to the actual development of the project and include comparable costs that support the donation. Land valuation must be established using one of the following methods and the documentation must be contained in the application: A site specific appraisal no more than two years old; an appraisal of a nearby comparable site also no more than two years old; a reasonable extrapolation of land value based on current area realtor value guides; or, a reasonable extrapolation of land value based on recent sales of similar properties in the same area. Rating Factor 5: Comprehensiveness and Coordination (5 Points) This factor addresses the extent to which your project planning and proposed implementation reflect a coordinated, community-based process of identifying and addressing needs including assisting beneficiaries and the program to achieve self-sufficiency/sustainability. Please note that the Logic Model, HUD Form 96010, is not required for Rating Factor 5 under the ICDBG Program. However, applicants may use this form to address program evaluation requirements under Rating [[Page 13670]] Factor 1.(1).(b) of this Program NOFA, and measurable outputs and outcomes in Section (2) of this factor. (1) (2 points). The application addresses the extent to which you have coordinated your proposed ICDBG activities with other organizations and/or tribal departments that are not providing direct financial support to your proposed work activities, but with which you share common goals and objectives and are working toward meeting these objectives in a holistic and comprehensive manner. For example, your project is consistent with and, to the extent possible, identified in the IHP (One-Year Financial Resources Narrative; Table 2, Financial Resources, Part I., Line 1E; and, Table 2, Financial Resources, Part II) submitted by you or on your behalf for the IHBG (also known as NAHBG) Program. If the IHP for the IHBG (also known as NAHBG) program year that coincides with the implementation of the ICDBG proposed project has not been submitted, you must provide an assurance that when submitted, the IHP will specifically reference the proposed project. (2) (3 points). Your proposed project will have measurable outputs and outcomes that will enhance community viability. Outputs must include, where applicable: [sbull] Number of houses rehabilitated; [sbull] Number of jobs created or obtained; [sbull] Square feet for any public facility; [sbull] Number of education or job training opportunities provided; [sbull] Number of homeownership units constructed or financed; [sbull] Number of businesses assisted (including number of minority/Native American); [sbull] Number of families proposed to be assisted with a drug- elimination program, or with a program to reduce or eliminate health related hazards. Outcomes must include, where appropriate: [sbull] Reduction in the number of families living in substandard housing; [sbull] Increased income resulting from employment generated by project; [sbull] Increased quality of life due to services provided by the public facility; [sbull] Increased economic self-sufficiency of recipients of program beneficiaries; [sbull] Increase in homeownership rates; [sbull] Reduction of drug-related crime or health related hazards. B. Reviews and Selection Process 1. Application Selection Process You must meet all of the applicable threshold requirements listed in Section III.C.3. and 4. Your application must meet all screening for acceptance requirements and all identified applicant and project specific thresholds. HUD will review each application and assign points in accordance with the selection factors described in this section. 2. Threshold Compliance The Area ONAP will review each application that passes the screening process to ensure that each applicant and each proposed project meets the applicant threshold requirements set forth in 24 CFR 1003.301(a) and the project specific threshold requirements set forth in 24 CFR 1003.302 and IIIV.C.3 and 4 of this Program NOFA. 3. Past Performance An applicant's past performance is evaluated under Rating Factor 1, Capacity of the Applicant. Applicants are encouraged to address all performance-related criteria prior to submission of an application. An applicant must score a minimum of 15 points under Rating Factor 1 in order to meet the minimum point requirements outlined below in this Program NOFA. 4. Rating Panels The Area ONAP office for your jurisdiction, as listed in Section IV.F.2., will rate applications. Rating panels may be used only for the summary review, after the application is rated, as discussed in Section V.B.5. below. 5. Rating The Area ONAP will review and rate each project that meets the acceptance criteria and threshold requirements. After the applications are rated, a summary review of all applications will be conducted to ensure consistency in the application rating. The summary review will be performed by either the Grants Management Director (or designee) or by a panel composed of up to three staff members. The total points for all rating factors are 100. A maximum of 100 points may be awarded under Rating Factors 1 through 5. 6. Minimum Points To be considered for funding, your application must receive a minimum of 15 points under Rating Factor 1 and an application score of 70 out of the possible total of 100. 7. Ranking All projects will be ranked against each other according to the point totals they receive, regardless of the type of project or component under which the points were awarded. Projects will be selected for funding based on the final ranking to the extent that funds are available. The Area ONAP will determine individual grant amounts in a manner consistent with the considerations set forth in 24 CFR 1003.100(b)(2). Specifically, the Area ONAP may approve a grant amount less than the amount requested. In doing so, the Area ONAP may take into account the size of the applicant, the level of demand, the scale of the activity proposed relative to need and operational capacity, the number of persons to be served, the amount of funds required to achieve project objectives, and the reasonableness of the project costs. If the Area ONAP determines that there are not enough funds available to fund a project as proposed by the applicant, it may decline to fund that project and may fund the next highest-ranking project or projects for which adequate funds are available. The Area ONAP may select, in rank order, additional projects for funding if one of the higher-ranking projects is not funded or if additional funds become available. 8. Tiebreakers When rating results in a tie among projects and insufficient resources remain to fund all tied projects, the Area ONAP will approve projects that can be fully funded over those that cannot be fully funded. When that does not resolve the tie, the Area ONAP will use the following factors in the order listed to resolve the tie: (a) The applicant that has not received an ICDBG over the longest period of time. (b) The applicant with the fewest active ICDBGs. (c) The project that would benefit the highest percentage of low- and moderate-income persons. 9. Technical Deficiencies and Pre-award Requirements a. Technical Deficiencies: If there are technical deficiencies in successful applications, you must satisfactorily address these deficiencies before HUD can make a grant award. After the application submission deadline, HUD may not, consistent with its regulations in 24 CFR part 4, subpart B, consider any unsolicited information you, the applicant, may want to provide. HUD may contact you to clarify an item in your application or to correct technical deficiencies. HUD may not seek clarification of items or responses that improve the substantive quality of your response to any rating factors. In order not to unreasonably exclude applications from being rated and [[Page 13671]] ranked, HUD may contact applicants to ensure proper completion of the application and will do so on a uniform basis for all applicants. Examples of curable (correctable) technical deficiencies include failure to submit the proper certifications or failure to submit an application signed by an authorized official. In each case, HUD will notify applicants by facsimile or by USPS, return receipt requested. Clarifications or corrections of technical deficiencies in accordance with the information provided by HUD must be received within 14 calendar days of the date of receipt of the HUD notification. (If the submission date falls on a Saturday, Sunday, or federal holiday, your correction must be received by HUD on the next day that is not a Saturday, Sunday, or federal holiday). If the technical deficiency is not corrected within this time period, HUD will reject the application as incomplete and it will not be considered for funding. b. Pre-award Requirements. Successful applicants may be required to provide supporting documentation concerning the management, maintenance, operation, or financing of proposed projects before a grant agreement can be executed. Such documentation may include additional specifications on the scope, magnitude, timing or method of implementing the project; or information to verify the commitment of other resources required to complete, operate, or maintain the proposed project. HUD will notify applicants of any pre-award requirements by fax or by USPS, return receipt required. Responses to pre-award requirements must be received by the Area ONAP within 30 calendar days of receipt of the HUD notification. No extensions will be provided. If you do not respond within the prescribed period or your response is insufficient, the Area ONAP will determine that you have not met the requirements and will withdraw the grant offer. You may not substitute new projects for those originally proposed in your application and any new information will not affect your project's rating and ranking. The Area ONAP will award, in accordance with the provisions of this Program NOFA, grant amounts that had been allocated for applicants unable to meet pre-award requirements. 10. Error and Appeals Judgments made within the provisions of this Program NOFA and the program regulations (24 CFR part 1003) are not subject to claims of error. You may bring arithmetic errors in the rating and ranking of applications to the attention of the Area ONAPs within 30 days of being informed of your score. Please see Section VI.A.3 of the General Section for further information regarding errors. 11. Performance and Compliance Actions of Funding Recipients HUD will measure and address the performance and compliance actions of funding recipients in accordance with the applicable standards and sanctions of their respective programs. VI. Award Administration Information A. Anticipated Announcement and Award Dates Awards are expected to be announced by October 31, 2005. Once a Congressional Release date has been obtained, a grant award letter, a grant agreement, and other forms and certifications will be mailed to the recipient for signature and return to the Area ONAP. As soon as rating and ranking are completed and it has been determined that the applicant has complied with any pre-award requirements (see Section V.B.9.b. of this Program NOFA), the grant will be awarded. The grant agreement, which is signed by HUD and the recipient, establishes the conditions by which both the Area ONAP and the recipient must abide during the life of the grant. All grants are conditioned upon the completion of all environmental obligations and approval of release of funds by the Area ONAP in accordance with the requirements of 24 CFR part 58. HUD may impose other grant conditions if additional actions or approvals are required before the use of funds. B. Administrative and National Policy Requirements 1. Statutory and Regulatory Requirements a. Environmental Requirements. As required by 24 CFR 1003.605, ICDBG grantees must perform environmental reviews of ICDBG activities in accordance with 24 CFR part 58 (as amended 9/29/03). Grantees and other participants in the development process may not commit or expend any ICDBG or nonfederal funds on project activities (other than those listed in 24 CFR 58.22(f), 58.34 or 58.35(b)) until HUD has approved a Request for Release of Funds and environmental certification submitted by the grantee. The expenditure or commitment of ICDBG or nonfederal funds for such activities prior to HUD approval may result in the denial of assistance for the project or activities under consideration. b. Indian Preference. HUD has determined that the ICDBG program is subject to Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)). The provisions and requirements for implementing this section are in 24 CFR 1003.510. c. Anti-discrimination Provisions. Under the authority of Section 107(e)(2) of the CDBG statute, HUD waived the requirement that recipients comply with the anti-discrimination provisions in Section 109 of the CDBG statute with respect to race, color, and national origin. You must comply with the other prohibitions against discrimination in Section 109 (HUD's regulations for Section 109 are in 24 CFR part 6) and with the Indian Civil Rights Act. d. Conflict of Interest. In addition to the conflict of interest requirements with respect to procurement transactions found in 24 CFR 85.36 and 84.42, as applicable, the provisions of 24 CFR 1003.606 apply to such activities as the provision of assistance by the recipient or sub-recipients to businesses, individuals, and other private entities under eligible activities that authorize such assistance. e. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Section 3 requirements apply to the ICDBG Program, but as stated in 24 CFR 135.3(c), the procedures and requirements of 24 CFR part 135 apply to the maximum extent consistent with, but not in derogation of, compliance with Indian Preference. 2. OMB Circulars and Government-wide Regulations Applicable to Financial Assistance Programs The policies, guidance and requirements of OMB Circular A-87, Cost Principles Applicable to Grants, Contracts and other Agreements with State and Local Governments; and OMB Circular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-133, Audits of State and Local Governments, and Nonprofit Organizations; and the regulations at 24 CFR part 85, Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments apply to the award, acceptance, and use of assistance under the ICDBG program and to the remedies for noncompliance, except when inconsistent with the provisions of the Consolidated Appropriations Act, 2005 (Pub. L. 108-447; approved December 8, 2004) or the ICDBG program regulations at 24 CFR part 1003. Copies of the OMB Circulars may be obtained from EOP publications. Room 22000, New [[Page 13672]] Executive Office Building, Washington, DC 20503, telephone (202) 395- 3080 (this is not a toll-free number) or (800) 877-8339 (TTY Federal Information Relay Service). Information may also be obtained from the OMB website at http://www.whitehouse.gov/omb/circulars/index.html. C. Reporting 1. Post Award Reporting Requirements a. Quarterly Financial Reports. Grant recipients must submit quarterly to the Area ONAP a SF-272, Federal Cash Transaction Report. The report accounts for funds received and disbursed by the recipient. b. Annual Status and Evaluation Report. Recipients are required to submit this report in narrative form annually. The report is due 45 days after the end of the Federal fiscal year and at the time of grant close-out. The report must include: (1) The narrative report must address the progress made in completing approved activities and include a list of work remaining, along with a revised implementation schedule if necessary. This should include progress on any outputs or outcomes specified in Rating Factor 5 and incorporated into the final award document; (2) A breakdown of funds spent on each major project activity or category; and (3) If the project has been completed, an evaluation of the effectiveness of the project in meeting the community development needs of the grantee, as well as the final outputs and outcomes. c. Minority Business Enterprise Report. Recipients must submit this report on contract and subcontract activity during the first half of the fiscal year by April 10 and, by October 10 for the second half of the fiscal year. d. A close-out report must be submitted by the recipient within 90 days of completion of grant activities. The report consists of the final Financial Status Report (forms SF 269 or 269A), the final Status and Evaluation Report including outposts and outcomes agreed upon in the final award document relating to Rating Factor 5 and the Close-Out Agreement. More information regarding these requirements may be found at 24 CFR 1003.506 and 1003.508. VII. Agency Contact(s) A. General Questions You should direct general program questions to the Area ONAP serving your area or to Barbara Gallegos, at 602-379-7215. Persons with speech or hearing impairments may call HUD's TTY number (202) 708-0770, or 1-800-877-8339 (the Federal Information Relay Service TTY). Other than the ``800'' numbers, these numbers are not toll-free. You should direct questions concerning downloading the electronic application, registering with Grants.gov, or other questions regarding the electronic application to the Grants.gov support desk at 800-518- GRANTS. You may also send an e-mail to Grants.gov">Support@Grants.gov. B. Technical Assistance Before the application submission deadline, HUD staff will be available to provide you with general guidance and technical assistance about the requirements in the General Section and this Program NOFA. However, HUD staff is not permitted to assist in preparing your application. Following selection of applicants, but before awards are made, HUD staff are available to assist in clarifying or confirming information that is a prerequisite to the offer of an award. VIII. Other Information A. NOFA Training Training for potential applicants on the requirements of the General Section and this Program NOFA will be provided by HUD via broadcast and webcast. Information on the training can be found in the General Section. The training schedule can be found on HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. B. Paperwork Reduction Act Statement The information collection requirements in this NOFA have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2577-0191. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond, to a collection of information unless the collection displays a valid OMB control number. Public reporting burden for the collection of information is estimated to average 43 hours per annum for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. Appendix A: Data to Determine Need for Factor 2 (for applicants for New Housing Construction, Housing Rehabilitation, Land Acquisition to Support New Housing, and Homeownership Assistance Projects). For applicants submitting applications for New Housing Construction, Housing Rehabilitation, Land Acquisition to Support New Housing, and Homeownership Acquisition Projects: The need for the proposed project for Factor 2 is determined by utilizing data from the tribe's 2005 IHBG formula information. The data is contained in Appendix A. Should you disagree with this information, please consult the IHBG formula customer service center at (800) 410-8808 for the process for challenging IHBG formula data. Persons with hearing and/or speech challenges should call 1-800-505-5908 (TTY). BILLING CODE 4210-32-P [[Page 13673]] [GRAPHIC] [TIFF OMITTED] TN21MR05.053 [[Page 13674]] [GRAPHIC] [TIFF OMITTED] TN21MR05.054 [[Page 13675]] [GRAPHIC] [TIFF OMITTED] TN21MR05.055 [[Page 13676]] [GRAPHIC] [TIFF OMITTED] TN21MR05.056 [[Page 13677]] [GRAPHIC] [TIFF OMITTED] TN21MR05.057 [[Page 13678]] [GRAPHIC] [TIFF OMITTED] TN21MR05.058 [[Page 13679]] [GRAPHIC] [TIFF OMITTED] TN21MR05.059 [[Page 13680]] [GRAPHIC] [TIFF OMITTED] TN21MR05.060 [[Page 13681]] [GRAPHIC] [TIFF OMITTED] TN21MR05.061 [[Page 13682]] [GRAPHIC] [TIFF OMITTED] TN21MR05.062 [[Page 13683]] [GRAPHIC] [TIFF OMITTED] TN21MR05.063 [[Page 13684]] [GRAPHIC] [TIFF OMITTED] TN21MR05.064 [[Page 13685]] [GRAPHIC] [TIFF OMITTED] TN21MR05.065 [[Page 13686]] [GRAPHIC] [TIFF OMITTED] TN21MR05.066 [[Page 13687]] [GRAPHIC] [TIFF OMITTED] TN21MR05.067 [[Page 13688]] [GRAPHIC] [TIFF OMITTED] TN21MR05.068 [[Page 13689]] [GRAPHIC] [TIFF OMITTED] TN21MR05.069 [[Page 13690]] [GRAPHIC] [TIFF OMITTED] TN21MR05.070 [[Page 13691]] [GRAPHIC] [TIFF OMITTED] TN21MR05.071 [[Page 13692]] [GRAPHIC] [TIFF OMITTED] TN21MR05.072 [[Page 13693]] [GRAPHIC] [TIFF OMITTED] TN21MR05.073 [[Page 13694]] Historically Black Colleges and Universities (HBCU) Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Policy Development and Research, Office of University Partnerships. B. Funding Opportunity Title: Historically Black Colleges and Universities (HBCU) Program. C. Announcement Type: Initial announcement. D. Funding Opportunity Numbers: The Federal Register Number for this Notice Of Funding Availability (NOFA) is FR-4950-N-12. The OMB Approval Number for this program is 2528-0235. E. Catalog of Federal Domestic Assistance (CFDA) Number: The CFDA Number for this program is 14.520. F. Dates: The application submission date is May 25, 2005. Please be sure to read the General Section for electronic application submission and receipt requirements. G. Additional Overview Content Information: 1. Purpose of the Program: The Historically Black Colleges and Universities (HBCU) Program assists Historically Black Colleges and Universities expand their role and effectiveness in addressing community development needs in their localities, including neighborhood revitalization, housing and economic development, principally for persons of low- and moderate-income consistent with the purposes of Title I of the Housing and Community Development Act of 1974, as amended. 2. Award Information: In Fiscal Year (FY) 2005, approximately $9.92 million has been made available by the Consolidated Appropriations Act, 2005 (Pub L. 108-447) plus $3.327 million in previously unobligated funds are available for this program. HUD will award two kinds of grants under this program; First Time HBCU Grants and Previously Funded HBCU Grants. a. First Time HBCU Grants will be awarded to applicants who have never received an HBCU grant to undertake eligible work. The maximum amount a First Time HBCU applicant can request for award is $400,000 for a maximum three-year (36 months) grant performance period. b. Previously Funded HBCU Grants will be awarded to applicants that have received funding under previous HBCU grant competitions. The maximum amount a Previously Funded HBCU applicant can request for award is $600,000 for a maximum three-year (36 months) grant performance period. In order to ensure that First Time HBCU applicants receive awards in this competition, approximately $2.4 million will be made available to fund First Time HBCU applicants. In addition, approximately, $10.8 million will be made available to fund Previously Funded HBCU applicants. (See Appendix C of this NOFA for a list of Previously Funded and Unfunded HBCUs.) If funding designated for First Time HBUC applicants remains after all eligible First Time HBCU applicants are awarded, the remaining funds will be made available to fund eligible Previously Funded HBCU applicants. 3. Eligible Applicants: Historically Black Colleges and Universities that meet the definition of Historically Black Colleges and Universities as determined by the Department of Education in 34 CFR 608.2 in accordance with that Department's responsibilities under Executive Order 13256, dated February 12, 2002, are eligible to apply for funding under this program. Applicants must be accredited by a national or regional accrediting agency recognized by the U.S. Department of Education. Full Text of Announcement I. Funding Opportunity Description The purpose of the Historically Black Colleges and Universities (HBCU) Program is to assist Historically Black Colleges and Universities expand their role and effectiveness in addressing community development needs in their localities, including neighborhood revitalization, housing, and economic development, principally for persons of low- and moderate-income, consistent with the purpose of the Title I of Housing and Community Development Act of 1974, as amended. For the purposes of this program, the term ``locality'' includes any city, county, township, parish, village, or other general political subdivision of a state, or the U.S. Virgin Islands where the institution is located. A ``target area'' is the area within the locality in which the institution will implement its proposed HBCU grant. If an institution wants to provide services/activities in a location other than the target area of that institution an applicant must provide justification for why they want to do so. A. Authority HUD's authority for making funding available under this NOFA is the Consolidated Appropriations Act, 2005 (Pub L. 108-447; approved December 8, 2004). This program is being implemented through this NOFA and the policies governing its operation are contained herein. B. Modifications Listed below are major modifications from the Fiscal Year (FY) 2004 program-funding announcement: 1. Applicants are required to submit their application electronically via the following Web site: http://www.grants.gov/Apply. Read the General Section for further discussion. 2. The 15 percent cap on the total grant amount that can be used on public service activities that benefit low- and moderate-income persons can now be waived. Institutions seeking to devote more than 15 percent of the grant funds to public service activities must formally request in writing a waiver of this requirement. The written request must include the following information: (1) The basis for the request; (2) a description of the proposed public service activities; (3) the dollar amount dedicated to the proposed public service activities; and (4) a statement describing how the proposed activities meet the Community Development Block Grant eligibility requirements and national objectives. Waiver requests must be addressed to the Assistant Secretary for Policy, Development and Research at 451 Seventh Street SW., Room 8100, Washington, DC 20410-6000. The institution's Chief Executive Officer or the appropriate designee must sign the written request. It also must include the name, mailing address and e-mail address of the person to whom the response should be directed. To avoid a delay in the process, waiver requests should be sent by United States Postal Service Express Mail. Applicants should retain a receipt for the mailing showing the date submitted to the Postal Service. The waiver request must be received at HUD no later than thirty days prior to the application submission date. Waiver requests that are not received thirty days prior to the application submission date will not be considered for approval. In the event a waiver is granted, the application must be received no later than the application submission date. 3. Letters, memoranda of understanding, or agreements in response to Factor 4 now can be dated no earlier than nine months prior to the date of this published NOFA, but must be received no later than the application submission date. 4. First Time HBCU applicants can now request $400,000 for a maximum three-year (36 month) grant performance period. 5. Previously Funded HBCU applicants can now request $600,000 for a maximum three-year (36 month) grant performance period. [[Page 13695]] II. Award Information In Fiscal Year (FY) 2005, approximately $9.92 million is made available for this program, plus $3.327 million in previously unobligated funds. HUD will award two kinds of grants under this program, First Time HBCU Grants and Previously Funded HBCU Grants. A. First Time HBCU Grants will be awarded to applicants who have never received an HBCU grant to undertake eligible work. The maximum amount a First Time HBCU applicant can request for award is $400,000 for a maximum three-year (36 months) grant performance period. B. Previously Funded HBCU Grants will be awarded to applicants that have received funding under previous HBCU grant competitions. The maximum amount a Previously Funded HBCU applicant can request for award is $600,000 for a maximum three-year (36 months) grant performance period. In order to ensure that First Time HBCU applicants receive awards in this competition, approximately $2.4 million will be made available to fund First Time HBCU applicants. Approximately $10.8 million will be made available to fund Previously Funded HBCU applicants that have received funding under previous HBCU competitions. If funding remains after all eligible First Time HBCU applicants are awarded, the remaining funds will be made available to fund eligible Previously Funded HBCU applicants. (See Appendix C of this NOFA for a list of Previously Funded and Unfunded HBCUs). III. Eligibility Information A. Eligible Applicants Historically Black Colleges and Universities as determined by the U.S. Department of Education in 34 CFR 608.2 in accordance with that Department's responsibilities under Executive Order 13256, dated February 12, 2002, are eligible to apply for funding under this program. All applicants must be accredited by a national or regional accrediting agency recognized by the U.S. Department of Education. B. Cost Sharing or Matching None required. C. Other 1. Eligible Activities. Eligible activities are listed in 24 CFR part 570, subpart C, particularly Sec. Sec. 570.201 through 570.206. Information regarding these activities can be found at: http:// www.hudclips.org (click on the Code of Federal Regulations for detailed information). a. Examples of eligible activities include, but are not limited to: (1) Acquisition of real property; (2) Clearance and demolition; (3) Rehabilitation of residential structures including lead-based paint hazard evaluation and reduction and making accessibility and visitabilty modifications in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973; (4) Public facilities and improvements, such as water and sewer facilities and streets compliance with accessibility requirements including Section 504 of the Rehabilitation Act of 1973, the Fair Housing Act, and the American with Disabilities Act of 1990; (5) Special economic development activities described at 24 CFR 570.203 and assistance to facilitate economic development by providing technical or financial assistance for the establishment, stabilization, and expansion of microenterprises, including minority enterprises; (6) Assistance to community-based development organizations (CBDO) to carry out a CDBG neighborhood revitalization, community economic development, or energy conservation projects, in accordance with 24 CFR 570.204. This could include activities in support of a HUD-approved local entitlement grantee, CDBG Neighborhood Revitalization Strategy (NRS) or HUD-approved State CDBG Community Revitalization Strategy (CRS); (7) Public service activities such as those general support activities that can help to stabilize a neighborhood and contribute to sustainable redevelopment of the area, including but not limited to such activities as those concerned with employment, crime prevention, child care, health services, drug abuse, education, fair housing counseling, energy conservation, homebuyer down payment assistance, or recreational needs; (8) Payments of reasonable grant administrative costs related to planning and execution of the project (e.g., preparation/submission of HUD reports). Detailed explanations of these costs are provided in the OMB circular (A-21 Cost Principals for Educational Institutions) that can be accessed at the White House Web site, http://www.whitehouse.gov/ omb/circulars/index.html; and (9) Fair housing services designed to further the fair housing objectives of the Fair Housing Act (42 U.S.C. 3601-20) by making all persons, without regard to race, color, religion, sex, national origin, familial status and/or disability aware of the range of housing opportunities available to them; b. Eligible activities that may be funded under this program are those eligible activities that meet both the Community Development Block Grant (CDBG) Program national objectives and eligibility requirements. c. The three national objectives of the Community Development Block Grant program are: (1) Benefit to low- or moderate-income persons; (2) Aid in the prevention or elimination of slums or blight; and (3) Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community, and other financial resources are not available to meet such needs. Criteria for determining whether an activity addresses one or more national objectives are provided at 24 CFR 570.208. d. The CDBG publication entitled ``Community Development Block Grant Program Guide to National Objectives and Eligible Activities for Entitlement Communities'' describes the CDBG regulations, and a copy can be obtained from HUD's NOFA Information Center at 800-HUD-8929 or 800-HUD-2209 for the hearing-impaired. 2. Audit Requirements. Applicants must ensure that their most current A-133 audit is on file at the Federal Audit Clearinghouse. (Applicants are not required to submit a copy of the audit with the application.) Grantees that expend $500,000 or more in Federal financial assistance in a single year (this can be program year or fiscal year) must be audited in accordance with the OMB requirements as established in 24 CFR part 84. Additional information regarding this requirement can be accessed at the following Web site: http:// harvester.census.gov/sac. 3. Threshold Requirements Applicable to all Applicants. All applicants must comply with the threshold requirements as defined in the General Section and the requirements listed below to be evaluated, rated, and ranked. Applications that do not meet these requirements will be considered ineligible for funding and will be disqualified: a. The applicant must meet the eligibility requirements as defined in Section III.A. Eligible Applicants. b. The maximum amount a First Time HBCU applicant can request for award is $400,000. The maximum amount a Previously Funded HBCU applicant can request for award is $600,000. [[Page 13696]] c. Institutions with two or more active HBCU grants who have drawn down less than 50 percent of the funding for each active grant three weeks prior to the program's application submission date are ineligible to apply for a grant under this NOFA. It is the applicant's responsibility to make sure this requirement is met. d. Only one application can be submitted per institution. If multiple applications are submitted, all will be disqualified. e. Applicants must receive a minimum score of 75 points to be considered for funding. f. An applicant must have a DUNS number to receive HUD grant funds. (The General Section provides information regarding the DUNS requirement.) g. Electronic applications must be received by grants.gov no later than 11:59:59 p.m. eastern time on May 25, 2005. See the General Section for information on application submission and timely receipt requirements. 4. Program Requirements. In addition to the program requirements listed in Section III.C of the General Section, applicants must meet the following program requirements: a. All funds awarded are for a three-year (36 months) grant performance period. b. Applicants that claim leveraging from any source, including their own institution, must provide letters of firm commitment, memoranda of understanding, or agreements evidencing the extent and firmness of the commitment of leveraging from other federal (e.g., Department of Education, AmeriCorps Programs, etc.), state, or local governments, and other private/public sources (including the applicant's own resources). These documents must follow the outline provided in Section V, Application Review Information, ``Factor 4: Leveraging Resources'' of this NOFA. Please refer to the General Section for further discussion on electronic submission of required documentation. c. Applicants must ensure that not less than 51 percent of the aggregated expenditures of the grant benefit low- and moderate-income persons under the criteria specified in 24 CFR 570.208(a) or 570.208(d)(5) or (6). d. Site Control. Where grant funds will be used for acquisition, rehabilitation, or new construction an applicant must demonstrate site control. Funds may be recaptured or deobligated from applicants that cannot demonstrate control of a suitable site within one year after the initial notification of award. e. Environmental Requirements. Selection for award does not constitute approval of any proposed sites. Following selection for award, HUD will perform an environmental review of properties proposed for assistance in accordance with 24 CFR part 50. The results of the environmental review may require that proposed activities be modified or proposed sites be rejected. Applicants are particularly cautioned not to undertake or commit funds for acquisition or development of proposed properties prior to HUD approval of specific properties or areas. An application constitutes an assurance that the institution will assist HUD to comply with part 50; will supply HUD with all available and relevant information to perform an environmental review for each proposed property; will carry out mitigating measures required by HUD or select alternate property; and will not acquire, rehabilitate, convert, demolish, lease, repair, or construct property, and not commit or expend HUD or local funds for these program activities with respect to any eligible property until HUD's written approval of the property is received. In supplying HUD with environmental information, applicants should use the same guidance as provided in the HUD Notice CPD-99-01 entitled ``Field Environmental Review Processing for HUD Colonias Initiative (HCI) Grants'' issued January 27, 1999. The General Section provides further discussion of the environmental requirements. Further information and assistance on HUD's environmental requirements is available at http://www.hud.gov/offices/ cpd/energyenviron/environment/index.cfm. f. Labor Standards. Institutions and their sub-grantees, contractors and subcontractors must comply with the labor standards (Davis-Bacon) requirements referenced in 24 CFR 570.603. g. Economic Opportunities for Low- and Very-Low Income Persons (Section 3). The provisions of Section 3 of the Housing and Urban Development Act of 196 (12 U.S.C. 1701u) apply to this NOFA. Regulations may be found at 24 CFR part 135. IV. Application and Submission Information A. Addresses To Request Application Package Applicants may download the instructions to the application found on the Grants.gov Web site at http:// www.Grants.gov./Apply. The instructions contain the General Section and Program Section of the published NOFA as well as forms that you must complete and attach as a zip file to your application submission. If you have difficulty accessing the information you may call the Grants.gov Support desk toll free 800-518-GRANTS or e-mail your questions to Grants.gov">Support@Grants.gov. The Support Desk staff will assist you in accessing the information. Please remember that you must be registered to submit an application utilizing Grants.gov. Your registration allows you to electronically sign the application and enables Grants.gov to authenticate that the person signing the application has the legal authority to submit the application on behalf of the applicant. Please see the General Section for information regarding the registration process or ask for registration information from the Grants.gov Support Desk. Please be aware that the registration process is a separate process from requesting email notification of funding opportunities or downloading the application and should be done as soon as you download the application from the Grants.gov Web site. If you are not sure if you are already registered, the Grants.gov Support Desk can assist in verifying whether you are registered. B. Content and Form of Application Submission 1. Forms. The following forms are required for submission. Copies of these forms are included in Appendix A of the General Section. The electronic version of the NOFA contains all forms required for submission. a. Application for Federal Assistance (SF-424); b. Survey on Ensuring Equal Opportunity for Applicants (SF-424 Supplement); c. Grant Application Detailed Budget (HUD-424-CB); d. Disclosure of Lobbying Activities (SF-LLL); e. America's Affordable Communities Initiative (HUD-27300), if applicable; f. Applicant/Recipient Disclosure/Update Report (HUD-2880); g. Program Logic Model (HUD-96010); h. Certification of Consistency with RC/EZ/EC-II Strategic Plan (HUD-2990), if applicable; i. Certification of Consistency with the Consolidated Plan (HUD- 2991), if applicable; j. Response Sheet Performance Narrative (HUD-40076) Previously Funded HBCU Applicant Only; k. Budget-By-Activity (HUD-40076); l. Acknowledgement of Applicant Receipt (HUD-2993). Only applicants that do not submit an electronic application need to include this form [[Page 13697]] with their application. Please complete this form if you have received a waiver to the electronic application submission requirement. Applicants are not required to include this form, but it is recommended that they do so; m. Client Comments and Suggestions (HUD-2994). This form is included to solicit information from the most valuable source, the applicant. The changes that we have instituted this year are designed to make things easier for the applicant. If applicants complete and submit this form, it will help us to assess whether the changes have had the intended results. It will also guide us in our continuing efforts to improve the competitive grant process. In providing comments, please be as specific as possible. General Statements that the NOFA is better than before but needs improvement does not provide HUD with the type of information that will allow us to improve the process. Applicants are not required to complete this form; and n. Facsimile Transmittal Cover Page (HUD 96011). This form must be used as part of the electronic application to transmit third party documents and other information as described in the General Section as part of your electronic application submittal (if applicable). Applicants are advised to download the application package, complete the SF 424 first and it will pre-populate the Transmittal Cover page. The Transmittal Cover page will contain a unique identifier embedded in the page that will help HUD associate your faxed materials to your application. Please download the cover page and then make multiple copies to provide to any of the entities responsible for submitting faxed materials to HUD on your behalf. 2. Certifications and Assurances. Please read the General Section for detailed information on all Certifications and Assurances. All applications submitted through Grants.gov constitute an acknowledgement and agreement to all required certifications and assurances. Please include in your application each item listed below. Applicants submitting paper copy applications should submit the application in the following order: a. SF-424, Application for Federal Assistance. Please remember the following: (1) The full grant amount (entire three-years) should be entered, not the amount for just one year; (2) Include the name, title, address, telephone number, facsimile number, and e-mail address of the designated contact. This is the person who will receive the reviewers' comments; therefore, please ensure the accuracy of the information; (3) The Employer Identification/Tax ID number; (4) The DUNS Number; (5) The Catalog of Federal Domestic Assistance Number for this program is 14.520; (6) The project's proposed start date and completion date. For the purpose of this application, the program start date should be November 1, 2005; and (7) The signature of the Authorized Organization Representative (AOR) who has been authenticated by the credential provider to submit applications via Grants.gov. The AOR must be able to make a binding legal agreement with HUD. See the General Section for instructions and requirements for Registration with Grants.gov. b. Application Checklist. Applicants should use the checklist to ensure that they have all the required elements of their application submission. Applicants receiving a waiver of the electronic application submission must include a copy of the checklist in their application submission. Applicants submitting an electronic application do not have to submit the checklist in their application. The checklist can be found in the NOFA (See Attachment A). c. Abstract. Applicants must include no more than a two-page summary of the proposed project. Please include the following: (1) A clear description of the proposed project activities, the target population that will be assisted, and the impact this project will have on the institution; (2) A statement that the institution is an eligible institution because it is a two-or four-year fully accredited institution, the name of the accrediting agency and an assurance that the accrediting agency is recognized by the U.S. Department of Education; (3) The designated contact person, including phone number, facsimile number, and e-mail address. (This is the person who will receive the reviewers' comments; therefore, please ensure the accuracy of the information); (4) University's name, department, mailing address, telephone number, facsimile number, and e-mail address; and (5) The principal investigator, if different from the designated contact person, for the project, including phone number, facsimile number, and e-mail address. d. Narrative statement addressing the Factors. HUD will use the narrative response to the ``Rating Factors'' to evaluate, rate, and rank applications. The narrative statement is the main source of information. Applicants are advised to review each factor carefully for program specific requirements. The response to each factor should be concise and contain only information relevant to the factor, but detailed enough to address each factor fully. Please do not repeat material in response to the five factors; instead, focus on how well the proposal responds to each of the factors. In factors where there are subfactors each subfactor must be presented separately, with the short title of the subfactor presented. Make sure to address each subfactor and provide sufficient information about every element of the subfactor. The narrative section of an application must not exceed 75 pages, doubled spaced (excluding forms, budget narrative, assurances, commitment letters, memoranda of understanding, agreements, and abstract). Each page of the narrative must include the applicant's name and be numbered. Please note that although submitting pages in excess of the page limit will not disqualify an applicant, HUD will not consider the information on any excess pages. This exclusion may result in a lower score or failure to meet a threshold requirement. e. Budget. The budget submission must include the following: (1) HUD-424-CB, ``Grant Application Detailed Budget.'' This budget form shows the total budget by year and by line item for the program activities to be carried out with the proposed HUD grant. Each year of the program should be presented separately. Applicants must also submit this form to reflect the total cost for the entire grant performance period (Grand Total). (2) HUD-40076-HBCU, ``Response Sheet, Budget-By-Activity.'' This form must be used to document the entire three-year grant performance period. The form should include a listing of tasks to be completed for each activity necessary to be performed to implement the program, the overall costs for each activity, and the cost from each funding source. The budget-by-activity should clearly indicate the HUD grant amount and identify the source and dollar amount of the leveraged funds, if any. Make sure that the amount shown on the SF-424, HUD-424-CB, HUD- 40076-HBCU and all other required program forms is consistent and the budget totals are correct. Remember to check addition in totaling the categories on all forms so that all items are included in the total. If there is an inconsistency between any of the budget forms required, the HUD-424-CB will be used. All budget forms must be fully [[Page 13698]] completed. If an application is selected for award, the applicant may be required to provide greater specificity to the budget during grant agreement negotiations. (3) Budget Narrative. A narrative must be submitted that explains how the applicant arrived at the cost estimates for any line item over $5,000 cumulative. For example, an applicant proposes to construct a building using HUD funding totaling $200,000. The following costs estimate reflects this total. Foundation cost $75,000, electrical work $40,000, plumbing work $40,000, finishing work $35,000, and landscaping $10,000. The proposed cost estimates should be reasonable for the work to be performed and consistent with rates established for the level of expertise required to perform the work proposed in the geographical area. When necessary, quotes from various vendors or historical data should be used and included. When an applicant proposes to use a consultant, the applicant must indicate whether there is a formal written agreement. For each consultant, please provide the name, if known, hourly or daily rate, and the estimated time on the project. Applicants must submit a cost estimate based on historical data from the institution and/or from a qualified firm (e.g., Architectural or Engineering), vendor, and/or qualified individual (e.g., independent architect) other than the institution for projects that involve rehabilitation of residential, commercial and/or industrial structures, and/or acquisition, construction, or installation of public facilities and improvements. Such an entity must be involved in the business of housing rehabilitation, construction and/or management. Equipment and contracts cannot be presented as a total estimated costs. For equipment, applicants must provide a list by type and cost for each item. Applicants using contracts must provide an individual description and cost estimate for each contract. (4) Indirect costs. Indirect costs, if applicable, are allowable based on an established approved indirect cost rate. Applicants should include a copy of their indirect cost rate agreement with their application. Please refer to Section IV.F of the General Section for further discussion on electronic submission of required documentation. Applicants who are selected for funding that do not have an approved indirect cost rate agreement (established by the cognizant federal agency, Certified Public Account, or auditor) will be required to establish a rate. In such cases, HUD will issue an award with a provisional rate and assist applicants in having a rate established. f. Appendix. Applicants receiving a waiver of the electronic submission requirements and submitting a paper copy of the application must place all letters of commitment, memoranda of understanding and agreements for funds/resources in response to Factor 4 and other required forms in this section. For applicants submitting electronic applications, please refer to Section IV.F of the General Section for instructions on how third party documents are to be submitted to HUD using the electronic submission process. An applicant SHOULD NOT submit general support letters or resumes or other back-up materials. If this information is included, it will not be considered during the review process. The additional items will also slow the transmission of your application. C. Submission Dates and Times A complete application package must be received electronically by the Grants.gov portal no later than 11:59:59 p.m. eastern time on or before May 25, 2005. Applications may be submitted in advance of the submission date. Electronic faxes using the Facsimile Transmittal (Form HUD 96011) cover sheet contained in the electronic application may be submitted prior to the application submission date and must be received no later than 11:59:59 p.m. eastern time on the application submission date. Please see Section IV.F of the General Section for electronic application submission instructions and timely receipt requirements. D. Intergovernmental Review This program is excluded from an Intergovernmental Review. E. Funding Restrictions Ineligible CDBG Activities are listed at 24 CFR 570.207. Funding may only be provided to applicants that meet the standards for eligible applicants in Section III.A. Ineligible activities include but are not limited to: 1. Curriculum development and/or expansion of an institution's existing curriculum; 2. General government expenses; and 3. Political activities. F. Other Submission Requirements 1. Application Submission and Receipt Procedure. Please read the General Section carefully and completely for the submission and receipt procedures for all applications because failure to comply may disqualify your application. 2. Waiver of Electronic Submission Requirements. Please refer to the General Section for further discussion. V. Application Review Information A. Criteria 1. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (25 Points). This factor addresses the extent to which the institution has the organizational resources necessary to successfully implement the proposed activities in a timely manner. In rating this factor, HUD will consider the extent to which the proposal demonstrates: a. Knowledge and Experience For First Time Applicants (25 Points) For Previously Funded Applicants (10 Points). The knowledge and experience possessed by the proposed project director and staff, including the day-to-day program manager, consultants (including technical assistance providers), and contractors in planning and managing this kind of program for which funding is being requested. Applicants must clearly identify the following: key project team members, titles (e.g., project manager/coordinator, etc.), respective roles for the project staff, and a brief description of their relevant experience. Experience will be judged in terms of recent and relevant knowledge and skills of the staff to undertake the proposed eligible program activities. HUD will consider experience within the last five (5) years to be recent and experience pertaining to similar activities to be relevant. b. Past Performance (15 Points) For Previously Funded Grant Applicants Only. This subfactor will evaluate the extent to which an applicant has performed successfully under all previously completed and open HUD/HBCU grants. Applicants must demonstrate this by providing the following information on the HUD-40076-HBCU ``Response Sheet: (Performance Narrative) for each HBCU grant they have received: (1) A detailed list outlining the achievement of specific tasks, measurable objectives and specific outcomes consistent with the approved timeline/work plan in previous grants; (2) Comparison of proposed leveraged funds and/or resources in a previous grant with what was actually leveraged; (3) A list of all HUD/HBCU grants received, including the dollar amount awarded and the amount expended as of the date of this application. The HUD-40076-HBCU ``Response Sheet'' (Performance Narrative) form is located in Appendix C at the end of this NOFA. [[Page 13699]] The form should be filled out completely; and (4) A detailed list outlining the timeliness and completeness of complying with all the HBCU reporting requirements. In addressing timeliness, compare when reports were due with when they were actually submitted. HUD will also review an applicant's past performance in managing funds, including, but not limited to: the ability to account for funding appropriately; timely use of funds received from HUD; meeting performance targets for completion of activities; and receipt of promised leveraged funds. In evaluating past performance, HUD reserves the right to deduct up to five (5) points from this rating score as a result of the information obtained from HUD's records (i.e., progress and financial reports, monitoring reports, Logic Model submissions, and amendments), including the timely submission of required progress reports. 2. Rating Factor 2: Need/Extent of the Problem (10 Points). This factor addresses the extent to which there is a need for funding the proposed program activities and an indication of the importance of meeting the need(s) in the target area. The need(s) described must be relevant to the activities for which funds are being requested. The proposal will be evaluated on the extent to which the level of need for the proposed activities and the importance of meeting the need(s) are documented. In rating this factor, HUD will consider data collected within the last five (5) years to be current. To the extent that the targeted community's Five Year Consolidated Plan and Analysis of Impediments to Fair Housing Choice (AI) identify the level of the problem and the urgency in meeting the need, applicants should include references to these documents in response to this factor. If the proposed activities are not covered under the scope of the Consolidated Plan and Analysis of Impediments to Fair Housing Choice (AI), indicate this clearly in the proposal and use other sound data sources to identify the level of need and the importance in meeting the need. Applicants must use statistics or other analyses contained in at least one or more current data sources that are sound and reliable. The data provided must be specific to the area where the proposed project activities will be carried out. Sources for localized data can be found at http://www.ffiec.gov. Other reliable data sources include, but are not limited to, Census reports, HUD Continuum of Care gap analysis and its E-MAP (To find additional information go to HUD's Web site: http://www.hud.gov/emaps), law enforcement agency crime reports, Public Housing Agencies' Comprehensive Plans, community needs analyses such as provided by the United Way, the applicant's institution, and other sound and reliable sources. Needs in terms of fulfilling court orders or consent decrees, settlements, conciliation agreements, and voluntary compliance agreements may also be addressed. 3. Rating Factor 3: Soundness of Approach (45 Points). This factor addresses the quality and effectiveness of the proposed work plan, the commitment of the institution to sustain the proposed activities, and actions regarding HUD's priorities, goals and objectives, and affirmatively furthering fair housing. This factor will be evaluated based on the extent to which the proposed work plan demonstrates the following: a. (35 Points) Quality of the Work Plan. This subfactor will be evaluated on the extent to which an applicant provides a clear detailed description of the proposed project and anticipated accomplishments. (1) (25 Points) Specific Services and/or Activities. The work plan must describe all proposed activities and major tasks required to successfully implement the proposed project and anticipated accomplishments. (a) Applicants must provide a clear description of the proposed activities and address the following: (i) Describe each proposed activity and the task required to successfully implement and complete the proposed project in measurable terms (e.g., the number of persons to trained and employed; houses to be rehabilitated; or minority-owned businesses to be started, etc.); (ii) List how each proposed activity meets one of the following Community Development Block Grant (CDBG) Program national objectives: [sbull] Benefit low- and moderate-income persons; [sbull] Aid in the prevention or elimination of slums or blight; or [sbull] Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community, and other financial resources are not available to meet such needs. Criteria for determining whether an activity addresses one or more objective are provided at 24 CFR 570.208; (b) Outline the major tasks required (in sequential order) to successfully implement and complete the proposed program activities. Include target completion dates for each activity/task (in 6 month intervals, up to thirty-six (36) months); and (c) Identify the individuals, as described in Factor 1, who will be responsible for completing each activity/task. (2) (10 Points) Describe clearly how each proposed activity will: (a) Expand the role of the institution in its community; (b) Address the needs identified in Factor 2; (c) Relate to and not duplicate other activities in the target area. Duplicative effort will be acceptable only if an applicant can demonstrate through documentation that there is a population in need that is not being served; and (d) Involve and empower citizens of the target area in the proposed project (particularly through a committee that is representative of the target community). b. (2 Points) Involvement of the Faculty and Students. The applicant must describe the extent to which it proposes to integrate the institution's students and faculty into proposed project activities. c. (3 Points) HUD Policy Priorities. HUD encourages applicants to undertake specific activities that will assist the Department in implementing its policy priorities that will help the Department achieve its goals and objectives in FY 2006, when the majority of grant recipients will be reporting programmatic results and achievements. In addressing this subfactor, HUD will evaluate the extent to which a program will further and support HUD's priorities. The quality of the responses provided to one or more of HUD's priorities will determine the score an applicant can receive. Applicants must describe how each policy priority selected will be addressed. Applicants that just list a priority will receive no points. Each policy priority addressed has a point value of one point with the exception of the policy priority to remove regulatory barriers to affordable housing, which has a point value of up to 2 points. The total number of points available to applicants that address policy priorities is 3. It is up to the applicant to determine which of the policy priorities they elect to address to receive the available 3 points. To receive points for efforts to remove regulatory barriers to affordable housing, an applicant must submit the completed questionnaire (HUD-27300) ``HUD's Initiative on Removal of Regulatory Barrier'' found in the [[Page 13700]] General Section along with required documentation. The form is part of the electronic application and is constructed to permit the required documentation to be attached to the electronic form. For the full list and explanation of each policy priority, please refer to the General Section. d. (5 Points) Affirmatively Furthering Fair Housing. This subfactor will be evaluated on the extent to which an applicant describes how it proposes to undertake activities designed to affirmatively further fair housing opportunities for individuals on the basis of race, color, national origin, sex, religion, familial status, or disability. For example: (1) Working with other entities in the community to overcome impediments to fair housing, such as discrimination in the sale or rental of housing or in advertising, provision of brokerage services or lending; (2) Promoting fair housing choice through the expansion of homeownership opportunities and improved quality of services for minorities, families with children, and persons with disabilities; or (3) Providing housing mobility counseling services. 4. Rating Factor 4: Leveraging Resources (8 Points). This factor addresses the ability of the applicant to secure resources that can be combined with HUD's grant funds to achieve the program's purpose. In evaluating this factor, HUD will consider the extent to which the applicant established partnerships with other entities to secure additional resources to increase the effectiveness of the proposed project activities. Resources may include funding or in-kind contributions, such as services or equipment, allocated for the purpose(s) of the grant. Resources may be provided by governmental entities, public or private nonprofit organizations, for-profit private organizations, or other entities. Applicants may also establish partnerships with other program funding recipients to coordinate the use of resources in the target area. Overhead and other institutional costs (e.g., salaries, indirect costs, etc.) that the institution has waived may be counted. Examples of potential sources for outside assistance include: [sbull] Federal, state, and local governments; [sbull] Local or national nonprofit organizations; [sbull] Financial institutions and/or private businesses; [sbull] Foundations; [sbull] Faith-based and other community-based organizations; For each cash or in-kind contribution to the program a letter of commitment, memorandum of understanding, or agreement must be provided that shows the extent and firmness of the commitment of leveraged funds (including any commitment of resources from the applicant's own institution) in order for these resources to count in determining points under this factor. Resources will not be counted for which there is no commitment letter, memorandum of understanding, or agreement, or quantified level of commitment. Letters, memoranda of understanding, or agreements must be submitted on the provider's letterhead and be included with the application package. (Applicants submitting paper copy applications must place all letters, memoranda of understanding, or agreements in the Appendix. Applicants submitting these items electronically must follow the submission directions in Section IV.F of the General Section.) The date of the letter, memorandum of understanding, or agreement from the CEO of the provider organization must be dated no earlier than nine months prior to this published NOFA. Applications that do not include evidence of leveraging or address all items as outlined below will receive zero (0) points for this Factor. A firm commitment letter, memorandum of understanding, or agreement must address the following: a. The cash amount contributed or dollar value of the in-kind goods and/or services committed (If a dollar amount and use is not shown, the source will not be counted); b. A specific description of how each contribution is to be used toward one of the proposed activities; c. The date the contribution will be made available and a statement that describes the duration of the contribution; d. Any terms or conditions affecting the commitment, other than receipt of a HUD grant; and e. The signature of the appropriate executive officer authorized to commit the funds and/or goods and/or services. Please remember that only items eligible for funding under this program can be considered. 5. Rating Factor 5: Achieving Results and Program Evaluation (12 Points). This factor reflects HUD's goal to embrace high standards of management and accountability. It measures the applicant's commitment to assess their performance to achieve the program's proposed objectives and goals. Applicants are required to develop an effective, quantifiable, outcome oriented evaluation plan for measuring performance and determining that objectives and goals have been achieved. The Logic Model is a summary of the narrative statements presented in Factors 1-4. Therefore, the information submitted on the logic model should be consistent with the information contained in the narrative statements. ``Outcomes'' are benefits accruing to the community during or after participation in the HBCU program. Applicants must clearly identify the outcomes to be measured and achieved. Examples of outcomes include increased employment opportunities in the target community by a certain percentage, increased incomes/wages or other assets for persons trained, or enhanced family stability through the creation of affordable housing opportunities (e.g., increased assets to families and communities through the development of affordable housing). In addition, applicants must establish interim benchmarks and outputs that lead to the ultimate achievement of outcomes. ``Outputs'' are the direct products of the program's activities. Examples of outputs are the number of new affordable housing units, the number of homes that have been renovated, and the number of facilities that have been constructed or rehabilitated. Outputs should produce outcomes for the program. At a minimum, an applicant must address the following activities in the evaluation plan: a. Measurable outputs to be accomplished (e.g., the number of persons to be trained and employed; houses to be built pursuant to 24 CFR 570.207 or rehabilitated; minority-owned businesses to be started); b. Measurable outcomes the grant will have on the community in general and the target area or population; and c. The impact the grant will have on assisting the university to obtain additional resources to continue this type of work at the end of the grant performance period. This information must be placed on a HUD-96010, Program Outcome Logic Model form. Applicants may use as many copies of this form as required. It will not be included in the page count requirement. A narrative is not required. However, if a narrative is provided, those pages will be included in the page count. Additional information on this form and how to use it can be found in the General Section. B. Review and Selection Process 1. Application Selection Process. Two types of reviews will be conducted: [[Page 13701]] a. A threshold review to determine an applicant's basic eligibility; and b. A technical review for all applications that pass the threshold review to rate and rank the application based on the ``Rating Factors'' listed in Section V.A. Only those applications that pass the threshold review will receive a technical review and be rated and ranked. 2. Rating Panels. To review and rate applications HUD may establish panels, which may include experts or consultants not currently employed by HUD. These individuals may be included to obtain certain expertise. 3. Ranking. HUD will fund applications in rank order, until all available program funds are awarded. In order to be funded, an applicant must receive a minimum score of 75 points out of a possible 102 points, which includes up to two bonus points that may be awarded for activities conducted in the RC/EZ/EC-II, as described in the General Section. If two or more applications have the same number of points, the application with the most points for Factor 3, Soundness of Approach, shall be selected. If there is still a tie, the application with the most points for Factor 1, Capacity of the Applicant and Relevant Organizational Experience shall be selected. If there is still a tie, the application with the most points for Factor 2, 4 and then 5 shall be selected in that order until the tie is broken. HUD reserves the right to make selections out of rank order to provide for geographic distribution of grantees. HUD also reserves the right to reduce the amount of funding requested in order to fund as many highly ranked applications as possible. Additionally, if funds remain after funding the highest ranked applications, HUD may fund part of the next highest-ranking application. If an applicant turns down an award offer, HUD will make an award to the next highest-ranking application. If funds remain after all selections have been made, the remaining funds will be carried over to the next funding cycle's competition. 4. Correction to Deficient Applications. The General Section provides the procedures for correction to deficient applications. C. Anticipated Announcement and Award Dates Announcements of awards are anticipated on or before September 30, 2005. VI. Award Administration Information A. Award Notice After all selections have been made, HUD will notify all winning applications in writing. HUD may require winning applicants to participate in additional negotiations before receiving an official award. For further discussion on this matter, please refer to the General Section. B. Administrative and National Policy Requirements For further discussion of this matter, please refer to Section VI.B. in the General Section. 1. Debriefing. The General Section provides the procedures for requesting a debriefing. All requests for debriefings must be made in writing and submitted to: Ophelia Wilson; Office of University Partnerships; Robert C. Weaver Federal Building; 451 Seventh Street, SW., Room 8130; Washington, DC 20410-6000. Applicants may also write to Ms. Wilson via email at [email protected]. 2. Administrative. Grants awarded under this NOFA will be governed by the provisions of 24 CFR part 84 (Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations), A-21 (Cost Principles for Educational Institutions) and A-133 (Audits of States, Local Governments, and Non-Profit Organizations). Applicants can access the OMB circulars at the White House Web site at http://www.whitehouse.gov/omb/circulars/index.html. 3. OMB Circulars and Governmentwide Regulations Applicable to Financial Assistance Programs. The General Section provides further discussion on this matter. 4. Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects. See the General Section for further discussion. 5. Procurement of Recovered Materials. See Section III.C.4 of the General Section for further discussion. 6. Code of Conduct. See the General Section for further discussion. C. Reporting All grant recipients under this NOFA are required to submit quarterly progress reports. The progress reports shall consist of two components, a narrative that must reflect the activities undertaken during the reporting period and a financial report that reflects costs incurred by budget line item, as well as a cumulative summary of costs incurred during the reporting. For each reporting period, as part of the required report to HUD, grant recipients must include a completed Logic Model form (HUD-96010), which identifies output and outcome achievements. VII. Agency Contacts Applicants may contact Ophelia Wilson at (202) 708-3061, extension 4390 or Susan Brunson at (202) 708-3061, extension 3852. Persons with speech or hearing impairments may call the Federal Information Relay Service (TTY) at (800) 877-8339. Except for the ``800'' number, these numbers are not toll-free. Applicants may also reach Ms. Wilson via email at [email protected], and/or Ms. Brunson at Susan--S.-- [email protected]. VIII. Other Information Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2528-0235. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 356 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, quarterly, semi-annual and final reports. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. APPENDIX C Historically Black Colleges and Universities Unfunded by HUD During Fiscal Years 1991-2004 Alabama Concordia College Selma University Trenholm State Technical College Florida Florida Memorial College Georgia Morehouse School of Medicine Paine College [[Page 13702]] Michigan Lewis College of Business Ohio Wilberforce University Pennsylvania Cheyney University of Pennsylvania South Carolina Clinton Junior College Denmark Technical College Morris College Virginia Virginia University of Lynchburg Tennessee Knoxville College Texas Southwestern Christian College Historically Black Colleges and Universities Previously Funded By HUD During Fiscal Years 1991-2004 Alabama Alabama A&M University Alabama State University Bishop State Community College Gadsden State Community College J.F. Drake Technical College Lawson State Community College Miles College Oakwood College Stillman College Talladega College Tuskegee University C.A. Fredd Technical College Arkansas Arkansas Baptist College Philander Smith College Shorter College University of Arkansas at Pine Bluff Delaware Delaware State University District of Columbia Howard University University of the District of Columbia Florida Bethune-Cookman College Edward Waters College Florida A&M University Georgia Albany State University Clark Atlanta University Fort Valley State University Interdenominational Theological Center Morehouse College Morris Brown College Savannah State University Spelman College Kentucky Kentucky State University Louisiana Dillard University Grambling State University Southern University A & M College System at Baton Rouge Southern University at Shreveport Southern University at New Orleans Xavier University of New Orleans Maryland Bowie State University Coppin State College Morgan State University University of Maryland Eastern Shore Mississippi Alcorn State University Coahoma Community College Jackson State University Mississippi Valley State University Rust College Tougaloo College Hinds Community College Missouri Harris-Stowe State College Lincoln University North Carolina Barber-Scotia College Bennett College Elizabeth City State University Fayetteville State University Johnson C. Smith University Livingstone College North Carolina A&T State University North Carolina Central University St. Augustine's College Shaw University Winston Salem State University Ohio Central State University Oklahoma Langston University Pennsylvania Lincoln University South Carolina Allen University Benedict College Claflin College South Carolina State University Voorhees College Tennessee Fisk University Lemoyne-Owen College Meharry Medical College Tennessee State University Lane College Texas Huston-Tillotson College Jarvis Christian College Paul Quinn College Prairie View A&M University Saint Philip's College Texas Southern University Texas College Wiley College Virginia Hampton University Norfolk State University Saint Paul's College Virginia State University Virginia Union University West Virginia West Virginia State University Bluefield State College U.S. Virgin Islands University of the Virgin Islands BILLING CODE 4210-32-P [[Page 13703]] [GRAPHIC] [TIFF OMITTED] TN21MR05.074 [[Page 13704]] [GRAPHIC] [TIFF OMITTED] TN21MR05.075 [[Page 13705]] [GRAPHIC] [TIFF OMITTED] TN21MR05.076 [[Page 13706]] [GRAPHIC] [TIFF OMITTED] TN21MR05.077 [[Page 13707]] [GRAPHIC] [TIFF OMITTED] TN21MR05.078 [[Page 13708]] [GRAPHIC] [TIFF OMITTED] TN21MR05.079 [[Page 13709]] [GRAPHIC] [TIFF OMITTED] TN21MR05.080 [[Page 13710]] [GRAPHIC] [TIFF OMITTED] TN21MR05.081 [[Page 13711]] [GRAPHIC] [TIFF OMITTED] TN21MR05.082 [[Page 13712]] Hispanic-Serving Institutions Assisting Communities (HSIAC) Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Policy Development and Research, Office of University Partnerships. B. Funding Opportunity Title: Hispanic-Serving Institutions Assisting Communities (HSIAC) Program. C. Announcement Type: Initial announcement. D. Funding Opportunity Numbers: The Federal Register Number for this Notice Of Funding Availability (NOFA) is FR-4950-N-11. The OMB Approval Number for this program is 2528-0198. E. Catalog of Federal Domestic Assistance (CFDA) Number: The CDFA Number for this program is 14.514. F. Dates: The application submission date is June 13, 2005. Please be sure to read the General Section for electronic application submission and receipt requirements. G. Additional Overview Content Information: 1. Purpose of the Program: The Hispanic-Serving Institutions Assisting Communities (HSIAC) Program assists Hispanic-Serving Institutions (HSI) expand their role and effectiveness in addressing community development needs in their localities, including neighborhood revitalization, housing, and economic development, principally for persons of low- and moderate-income, consistent with the purposes of Title I of the Housing and Community Development Act of 1974, as amended. 2. Award Information: In Fiscal Year (FY) 2005, approximately $6.64 million has been made available for this program by the Consolidated Appropriations Act, 2005 (Pub L. 108-447). The maximum amount an applicant can request for award is $600,000 for a maximum three-year (36 months) grant performance period. 3. Eligible Applicants: Nonprofit Hispanic-Serving Institutions that meet the definition of an HSI established in Title V of the 1998 Amendments to the Higher Education Act of 1965 (Pub. L. 105-244; enacted October 7, 1998) are eligible to apply for funding under this program. In order to meet this definition, at least 25 percent of the full-time undergraduate students enrolled in an institution must be Hispanic and not less than 50 percent of these Hispanic students must be low-income individuals. Institutions are not required to be on the list of eligible HSIs prepared by the U.S. Department of Education. However, an institution that is not on the list is required to provide a statement in the application that the institution meets the U.S. Department of Education's statutory definition of an HSI. In addition, all applicants must be accredited by a national or regional accrediting agency recognized by the U.S. Department of Education. HUD also intends to fund at least two eligible HSIAC applications (applications that received a minimum score of 75 points) that serve Colonias (as defined in the General Section). While it is not necessary for the institution to be located in a Colonias, all program activities must be directed to the Colonias and its residents. If less than two fundable applications are eligible for award these funds will be made available to award additional HSIAC grants. Full Text of Announcement I. Funding Opportunity Description The purpose of the Hispanic Serving Institutions Assisting Communities (HSIAC) Program is to assist Hispanic Serving Institutions (HSI) expand their role and effectiveness in addressing community development needs in their localities, including neighborhood revitalization, housing and economic development, principally for persons of low- and moderate-income consistent with the purpose of the Title I of the Housing and Community Development Act of 1974, as amended. For the purpose of this program, the term ``locality'' includes any city, county, township, parish, village, or other general political subdivision of a state, Puerto Rico, or the U.S. Virgin Islands where the institution is located. A ``target area'' is the area within the locality in which the institution will implement its proposed HSIAC grant. A. Authority HUD's authority for making this funding available under this NOFA is Pub. L.108-447. This program is being implemented through this NOFA and the policies governing its operation are contained herein. B. Modifications Listed below are major modifications from the Fiscal Year (FY) 2004 program-funding announcement: 1. Applicants are required to submit their application electronically via the following Web site: http://www.grants.gov/Apply. Read the General Section for further discussion. 2. Letters, memoranda of understanding, or agreements in response to Factor 4 now can be dated no earlier than nine months prior to the date of this published NOFA and received no later than the application due date. II. Award Information In Fiscal Year (FY) 2005, approximately $6.64 million is made available under this NOFA. The maximum amount an applicant can request for award is $600,000 for a maximum three-year (36 months) grant performance period. III. Eligibility Information A. Eligible Applicants Nonprofit Hispanic-serving institutions that meet the definition of an HSI of higher education established in Title V of the 1998 Amendments to the Higher Education Act of 1965 (Pub. L. 105-244; enacted October 7, 1998) are eligible to apply for funding under this program. In order to meet this definition, at least 25 percent of the full-time undergraduate students enrolled in an institution must be Hispanic and not less than 50 percent of these Hispanic students must be low-income individuals. Institutions are not required to be on the list of eligible HSIs prepared by the U.S. Department of Education. However, an institution that is not on the list is required to provide a statement in the application that the institution meets the U.S. Department of Education's statutory definition of an HSI as cited above. In addition, all applicants must be accredited by a national or regional accrediting agency recognized by the U.S. Department of Education. HUD intends to fund at least two eligible HSIAC applications that propose to serve Colonias (as defined in the General Section). While it is not necessary for the institution to be located in a Colonias, all program activities must be directed to the Colonias and its residents. If fewer than two applications are eligible for award these funds will be made available to award additional HSIAC grants. B. Cost Sharing or Matching None Required. C. Other 1. Eligible Activities. Eligible activities are listed in 24 CFR part 570, subpart C, particularly Sec. Sec. 570.201 through 570.206. Information regarding these activities can be found at: http:// www.hudclips.org (click on the Code of Federal Regulations for detailed information). a. Examples of eligible activities include, but are not limited to: (1) Acquisition of real property; (2) Clearance and demolition; [[Page 13713]] (3) Rehabilitation of residential structures including lead-based paint hazard evaluation and reduction and making accessibility and visitabilty modifications in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973; (4) Public facilities and improvements, such as water and sewer facilities and streets compliance with accessibility requirements, including Section 504 of the Rehabilitation Act of 1973, the Fair Housing Act, and the American with Disabilities Act of 1990; (5) Relocation payments and other assistance for permanently and temporarily relocated individuals, families, businesses, nonprofit organizations, and farm operations where the assistance is: (a) Required under the provisions of 24 CFR 570.606(b) or (c); or (b) Determined by the grantee to be appropriate under the provisions of 24 CFR 570.606(d); (6) Direct homeownership assistance to low- and moderate-income persons, as provided in section 105(a) (25) of the Housing and Community Development Act of 1974; (7) Special economic development activities described at 24 CFR 570.203 and assistance to facilitate economic development by providing technical or financial assistance for the establishment, stabilization, and expansion of microenterprises, including minority enterprises; (8) Assistance to community-based development organizations (CBDO) to carry out a CDBG neighborhood revitalization, community economic development, or energy conservation project, in accordance with 24 CFR 570.204. This could include activities in support of a HUD-approved local entitlement grantee, CDBG Neighborhood Revitalization Strategy (NRS) or HUD-approved State CDBG Community Revitalization Strategy (CRS); (9) Public service activities such as general support activities that can help to stabilize a neighborhood and contribute to sustainable redevelopment of the area, including but not limited to such activities as those concerned with employment, crime prevention, child care, health services, drug abuse, education, fair housing counseling, energy conservation, homebuyer down payment assistance, or recreational needs; (10) Up to 20 percent of the grant may be used for payments of reasonable grant administrative costs related to planning and execution of the project (e.g., preparation/submission of HUD reports). Detailed explanations of these costs are provided in OMB circular A-21 Cost Principals for Educational Institutions that can be accessed at the White House Web site at: http://www.whitehouse.gov/omb/circulars/ index.html; (11) Fair housing services designed to further the fair housing objectives of the Fair Housing Act (42 U.S.C. 3601-20) by making all persons, without regard to race, color, religion, sex, national origin, familial status and/or disability aware of the range of housing opportunities available to them; and (12) Activities designed to promote training and employment opportunities (e.g., Neighborhood Networks in federally assisted or insured housing and employment opportunities for lower income persons in connection with Assisted Projects). b. Eligible activities that may be funded under this program are those activities that meet both a Community Development Block Grant (CDBG) Program national objectives and eligibility requirements. c. The three national objectives of the Community Development Block Grant program are: (1) Benefit to low- or moderate-income persons; (2) Aid in the prevention or elimination of slums or blight; and (3) Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community, and other financial resources are not available to meet such needs. Criteria for determining whether an activity addresses one or more national objectives are provided at 24 CFR 570.208. d. The CDBG publication entitled ``Community Development Block Grant Program Guide to National Objectives and Eligible Activities for Entitlement Communities'' describes the CDBG regulations, and a copy can be obtained from HUD's NOFA Information Center at 800-HUD-8929 or 800-HUD-2209 for the hearing-impaired. 2. Audit Requirements. Applicants must ensure that their most current A-133 audit is on file at the Federal Audit Clearinghouse. (Applicants are not required to submit a copy of the audit with the application.) Grantees that expend $500,000 or more in Federal financial assistance in a single year (this can be program year or fiscal year) must be audited in accordance with the OMB requirements as established in 24 CFR part 84. Additional information regarding this requirement can be access at the following Web site: http:// harvester.census.gov/sac. 3. Threshold Requirements Applicable to all Applicants. All applicants must comply with the threshold requirements as defined in the General Section and the requirements listed below to be evaluated, rated, and ranked. Applications that do not meet these requirements will be considered ineligible for funding and will be disqualified: a. The applicant must meet the eligibility requirements as defined in Section III.A, Eligible Applicants. b. The applicant may request no more than $600,000 for award. c. Only one application can be submitted per campus. If multiple applications are submitted, all will be disqualified. d. An individual campus that is one of several campuses of the same institution may apply separately as long as the applicant's campus has a separate administrative and budget structure. e. Institutions that received an HSIAC grant in FY 2004 are not eligible to submit an application under this NOFA. If an institution received an HSIAC grant in FY 2001, FY 2002, or FY 2003, the institution may apply under this NOFA as long as it: (a) Proposes a different activity (activities) in their current project location, or proposes replicating their current project in a new location and (b) has drawn down at least 75 percent of the previous grant funds at least three weeks prior to this program's application submission date. It is the applicant's responsibility to make sure that these requirements are met. f. Applicants must receive a minimum score of 75 points to be considered for funding. g. An applicant must have a DUNS number to receive HUD grant funds. (The General Section provides information regarding the DUNS requirement.) h. Electronic applications must be received by Grants.gov no later than 11:59:59 p.m. Eastern time on June 13, 2005. See the General Section for information on application submission and timely receipt requirements. 4. Program Requirements. In addition to the program requirements listed in Section III.C of the General Section, applicants must meet the following program requirements: a. All funds awarded are for a three-year (36 months) grant performance period. b. Applicants that claim leveraging from any source, including their own institution, must provide letters of firm commitment, memoranda of understanding, or agreements evidencing the extent and firmness of [[Page 13714]] commitment of leveraging from other federal (e.g., Department of Labor, AmeriCorps Programs), state, or local governments, and other public/ private sources (including the applicant's own resources). These documents must follow the outline provided in Section V, Application Review Information ``Factor 4: Leveraging Resources'' of this NOFA. Please refer to Section IV.F of the General Section for further instructions on how to submit these third party documents via the electronic submission process. c. Applicants must ensure that not less than 51 percent of the aggregated expenditures of a grant award are used to benefit low- and moderate-income persons under the criteria specified in 24 CFR 570.208(a) or 570.208(d)(5) or (6). d. Site Control. Where grant funds will be used for acquisition, rehabilitation, or new construction an applicant must demonstrate site control. Funds may be recaptured or deobligated from applicants that cannot demonstrate control of a suitable site within one year after the initial notification of award. e. Environmental Requirements. Selection for award does not constitute approval of any proposed sites. Following selection for award, HUD will perform an environmental review of properties proposed for assistance in accordance with 24 CFR part 50. The results of the environmental review may require that proposed activities be modified or proposed sites be rejected. Applicants are particularly cautioned not to undertake or commit funds for acquisition or development of proposed properties prior to HUD approval of specific properties or areas. An application constitutes an assurance that the institution will assist HUD to comply with part 50; will supply HUD with all available and relevant information to perform an environmental review for each proposed property; will carry out mitigating measures required by HUD or select alternate property; and will not acquire, rehabilitate, convert, demolish, lease, repair, or construct property, and not commit or expend HUD or local funds for these program activities with respect to any eligible property until HUD's written approval of the property is received. In supplying HUD with environmental information, applicants should use the same guidance as provided in the HUD Notice CPD-99-01 entitled ``Field Environmental Review Processing for HUD Colonias Initiative (HCI) Grants'' issued January 27, 1999. The General Section provides further discussion of the environmental requirements. Further information and assistance on HUD's environmental requirements is available at: http://www.hud.gov/ offices/cpd/energyenviron/environment/index.cfm. f. Labor Standards. Institutions and their sub-grantees, contractors, and subcontractors must comply with the labor standards (Davis-Bacon) requirements referenced in 24 CFR 570.603. g. Economic Opportunities for Low- and Very-Low Income Persons (Section 3). The provisions of Section 3 of the Housing and Urban Development Act of 196 (12 U.S.C. 1701u) apply to this NOFA. Regulations may be found at 24 CFR part 135. IV. Application and Submission Information A. Addresses To Request Application Package Applicants may download the instructions to the application found on the Grants.gov Web site at http://www.Grants.gov./Apply. The instructions contain the General Section and Program Section of the published NOFA as well as forms that you must complete and attach as a zip file to your application submission. If you have difficulty accessing the information you may call the Grants.gov Support desk toll free 800-518-GRANTS or email your questions to Grants.gov">Support@Grants.gov. The Support Desk staff will assist you in accessing the information. Please remember that you must be registered to submit an application utilizing Grants.gov. Your registration allows you to electronically sign the application and enables Grants.gov to authenticate that the person signing the application has the legal authority to submit the application on behalf of the applicant. Please see the General Section for information regarding the registration process or ask for registration information from the Grants.gov Support Desk. Please be aware that the registration process is a separate process from requesting email notification of funding opportunities or downloading the application and should be done as soon as you download the application from the Grants.gov Web site. If you are not sure if you are already registered, the Grants.gov Support Desk can assist in verifying whether you are registered. B. Content and Form of Application Submission 1. Forms. The following forms are required for submission. Copies of these forms are included in Appendix A of the General Section. The electronic version of the NOFA contains all forms required for submission. a. Application for Federal Assistance (SF-424); b. Survey on Ensuring Equal Opportunity for Applicants (SF-424 Supplement); c. Grant Application Detailed Budget (HUD-424-CB); d. Disclosure of Lobbying Activities (SF-LLL); e. America's Affordable Communities Initiative (HUD-27300), if applicable; f. Applicant/Recipient Disclosure/Update Report (HUD-2880); g. Program Logic Model (HUD-96010); h. Certification of Consistency with RC/EZ/EC-II Strategic Plan (HUD-2990), if applicable; i. Certification of Consistency with the Consolidated Plan (HUD- 2991), if applicable; j. Acknowledgement of Applicant Receipt (HUD-2993). Only applicants that do not submit an electronic application need to include this form with their application. Please complete this form if you have received a waiver to the electronic application submission requirement. Applicants are not required to include this form, but it is recommended that they do so; k. Client Comments and Suggestions (HUD-2994). This form is included to solicit information from the most valuable source, the applicant. The changes that we have instituted this year are designed to make things easier for the applicant. If applicants complete and submit this form, it will help us to assess whether the changes have had the intended results. It will also guide us in our continuing efforts to improve the competitive grant process. In providing comments, please be as specific as possible. General Statements that the NOFA is better than before but needs improvement does not provide HUD with the type of information that will allow us to improve the process. Applicants are not required to complete this form; and l. Facsimile Transmittal Cover Page (HUD 96011). This form must be used as part of the electronic application to transmit third party documents and other information as described in the General Section as part of your electronic application submittal (if applicable). Applicants are advised to download the application package, complete the SF 424 first and it will pre-populate the Transmittal Cover page. The Transmittal Cover page will contain a unique identifier embedded in the page that will help HUD associate your faxed materials to your application. Please download the cover page and [[Page 13715]] then make multiple copies to provide to any of the entities responsible for submitting faxed materials to HUD on your behalf. 2. Certifications and Assurances. Please read the General Section for detailed information on all Certifications and Assurance. All applications submitted through Grants.gov constitute an acknowledgement and agreement to all required certifications and assurances. Please include in your application each item listed below. Applicants submitting paper copy applications should submit the application in the following order: a. SF-424, Application for Federal Assistance. Please remember the following: (1) The full grant amount (entire three years) should be entered, not the amount for just one year; (2) Include the name, title, address, telephone number, facsimile number, and email address of the designated contact. This is the person who will receive the reviewers' comments. Please ensure the accuracy of the information; (3) The Employer Identification/Tax ID; (4) The DUNS Number; (5) The Catalog of Federal Domestic Assistance Number for this program is 14.514; (6) The project's proposed start date and completion date. For the purpose of this application, the program start date should be November 1, 2005; and (7) The signature of the Authorized Organization Representative (AOR) who has been authenticated by the credential provider to submit applications via Grants.gov. The AOR must be able to make a binding legal agreement with HUD. See the General Section for instructions and requirements for Registration with Grants.gov. b. Application Checklist. Applicants should use the checklist to ensure that they have all the required elements of their application submission. Applicants receiving a waiver of the electronic application submission must include a copy of the checklist in their application submission. Applicants submitting an electronic application do not have to submit the checklist. The checklist can be found in the NOFA (See Attachment A). c. Abstract. Applicants must include no more than a two-page summary of the proposed project. Please include the following: (1) A clear description of the proposed project activities, the target population that will be assisted, and the impact this project will have on the institution; (2) A statement that the institution is an eligible institution because it is a two-or four-year fully accredited institution, the name of the accrediting agency and an assurance that the accrediting agency is recognized by the U.S. Department of Education; (3) A statement that the institution meets the definition of an Hispanic Serving Institution: at least 25 percent of the full-time undergraduate students enrolled in an institution must be Hispanic and not less than 50 percent of these Hispanic students must be low-income individuals; (4) The designated contact person, including phone number, facsimile number, and email address (This is the person who will receive the reviewers' comments. Please ensure the accuracy of the information); (5) University's name, department, mailing address, telephone number, facsimile number, and email address; and (6) The principal investigator, if different from the designated contact person, for the project, including phone number, facsimile number, and email address. d. Narrative statement addressing the Factors. HUD will use the narrative response to the ``Rating Factors'' to evaluate, rate, and rank applications. The narrative statement is the main source of information. Applicants are advised to review each factor carefully for program specific requirements. The response to each factor should be concise and contain only information relevant to the factor, but detailed enough to address each factor fully. Please do not repeat material in response to the five factors; instead, focus on how well the proposal responds to each of the factors. In factors where there are subfactors, each subfactor must be presented separately, with the short title of the subfactor presented. Make sure to address each subfactor and provide sufficient information about every element of the subfactor. The narrative section of an application must not exceed 75 pages, doubled spaced (excluding forms, budget narrative, assurances, commitment letters, memoranda of understanding, agreements, and abstract). Each page of the narrative must include the applicant's name and be numbered. Please note that although submitting pages in excess of the page limit will not disqualify an applicant, HUD will not consider the information on any excess pages. This exclusion may result in a lower score or failure to meet a threshold requirement. e. Budget. The budget submission must include the following: (1) HUD-424-CB, ``Grant Application Detailed Budget.'' This budget form shows the total budget by year and by line item for the program activities to be carried out with the proposed HUD grant. Each year of the program should be presented separately. Applicants must also submit this form to reflect the total cost for the entire grant performance period (Grand Total). Make sure that the amount shown on the SF-424, the HUD-424-CB, and all other required program forms is consistent and the budget totals are correct. Remember to check addition in totaling the categories on the HUD-424-CB form so that all items are included in the total. If there is an inconsistency between any of the budget forms required, the HUD-424-CB will be used. All budget forms must be fully completed. If an application is selected for award, the applicant may be required to provide greater specificity to the budget during grant agreement negotiations. (2) Budget Narrative. A narrative must be submitted that explains how the applicant arrived at the cost estimates for any line item over $5,000 cumulative. For example, an applicant proposes to construct a building using HUD funding totaling $200,000. The following costs estimate reflects this total. Foundation cost $75,000, electrical work $40,000, plumbing work $40,000, finishing work $35,000, and landscaping $10,000. The proposed cost estimates should be reasonable for the work to be performed and consistent with rates established for the level of expertise required to perform the work proposed in the geographical area. When necessary, quotes from various vendors or historical data should be used and included. All direct labor or salaries must be supported with mandated city/state pay scales, the Davis-Bacon rate, (if applicable) or other documentation. (See the General Section for how to submit this information electronically). When an applicant proposes to use a consultant, the applicant must indicate whether there is a formal written agreement. For each consultant, please provide the name, if known, hourly or daily rate, and the estimated time on the project. Applicants must submit a cost estimate based on historical data from the institution and/or from a qualified firm (e.g., Architectural or Engineering), vendor, and/or qualified individual (e.g., independent architect) other than the institution for projects that involve rehabilitation of residential, commercial and/or industrial structures, and/or acquisition, construction, or installation of public facilities and improvements. [[Page 13716]] Such an entity must be involved in the business of housing rehabilitation, construction and/or management. Equipment and contracts cannot be presented as a total estimated cost. For equipment, applicants must provide a list by type and cost for each item. Applicants using contracts must provide an individual description and cost estimate for each contract. (3) Indirect costs. Indirect costs, if applicable, are allowable based on an established approved indirect cost rate. Applicants should include a copy of their indirect cost rate agreement with their application. Please refer to Section IV.F of the General Section for further discussion on electronic submission of required documentation. Applicants who are selected for funding that do not have an approved indirect cost rate agreement (established by the cognizant Federal agency, Certified Public Account, or auditor) will be required to establish a rate. In such cases, HUD will issue an award with a provisional rate and assist applicants with the process of establishing a final rate. f. Appendix. Applicants receiving a waiver of the electronic submission requirements and submitting a paper copy of the application must place all letters of commitment, memoranda of understanding and agreements for funds/resources in response to Factor 4 and other required forms in this section. For applicants submitting electronic applications, please refer to Section IV.F of the General Section for instructions on how third party documents are to be submitted to HUD using the electronic submission process. An applicant SHOULD NOT submit general support letters, resumes, or other back-up materials. If this information is included, it will not be considered during the review process. The additional items will also slow the transmission of your application. C. Submission Dates and Times A complete application package must be received electronically by the Grants.gov portal no later than 11:59:59 p.m. Eastern time on or before June 13, 2005. Applications may be submitted in advance of the submission date. Electronic faxes using the Facsimile Transmittal (Form HUD 96011) cover sheet contained in the electronic application may be submitted prior to the application submission date and must be received no later than 11:59:59 p.m. Eastern time on the application submission date. Please see Section IV.F of the General Section for electronic application submission instructions and timely receipt requirements. D. Intergovernmental Review This program is excluded from an Intergovernmental Review. E. Funding Restrictions Ineligible CDBG Activities are listed at 24 CFR 570.207. Funding may only be provided to applicants that meet the standards for eligible applicants in Section III. A. Ineligible activities include but are not limited to: a. Curriculum development and/or expansion of an institution's existing curriculum; b. General government expenses; c. Political activities; and d. Planning and administrative activities that would result in a grantee exceeding the 20 percent cost limitation on such activities. F. Other Submission Requirements 1. Application Submission and Receipt Procedure. Please read the General Section carefully and completely for the submission and receipt procedures for all applications because failure to comply may disqualify your application. 2. Waiver of Electronic Submission Requirement. Please refer to the General Section for further discussion. V. Application Review Information A. Criteria 1. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (25 Points). This factor addresses the extent to which the applicant has the organizational resources necessary to successfully implement the proposed activities in a timely manner. In rating this factor, HUD will consider the extent to which the proposal demonstrates: a. Knowledge and Experience For First Time Applicants (25 Points) For Previously Funded Applicants (10 Points). The knowledge and experience possessed by the proposed project director and staff, including the day-to-day program manager, consultants (including technical assistance providers), and contractors in planning and managing this kind of program for which funding is being requested. Applicants must clearly identify the following: key project team members, titles (e.g., project manager/coordinator, etc.), respective roles for the project staff, and a brief description of their relevant experience. Experience will be judged in terms of recent and relevant knowledge and skills of the staff to undertake eligible program activities. HUD will consider experience within the last five (5) years to be recent and experience pertaining to similar activities to be relevant. b. Past Performance (15 Points) For Previously Funded Grant Applicants Only. This subfactor will evaluate the extent to which an applicant has performed successfully under all previously completed and open grants HUD/HSIAC grants. Applicants must be demonstrate this by providing the following information: (1) A detailed list outlining the achievement of specific tasks, measurable objectives, and specific outcomes consistent with the approved timeline/work plan in previous grants; (2) Comparison of the proposed required leveraged funds and/or resources in previous grants with what was actually leveraged; (3) A list of all HUD/HSIAC grants received, including the dollar amount awarded and the amount expended as of the date of this application; and (4) A detailed list outlining the timeliness and completeness of complying with all the HSIAC reporting requirements. In addressing timeliness, compare when reports were due with when they were actually submitted. HUD will also review an applicant's past performance in managing funds, including, but not limited to: The ability to account for funding appropriately; timely use of funds received from HUD; meeting performance targets for completion of activities; and receipt of promised leveraged funds. In evaluating past performance, HUD reserves the right to deduct up to five (5) points from this rating score as a result of the information obtained from HUD's records (i.e., progress and financial reports, monitoring reports, Logic Model submissions, and amendments), including the timely submission of required progress reports. 2. Rating Factor 2: Need/Extent of the Problem (10 Points). This factor addresses the extent to which there is a need for funding the proposed program activities and an indication of the importance of meeting the need(s) in the target area. The need(s) described must be relevant to the activities for which funds are being requested. The proposal will be evaluated on the extent to which the level of need for the proposed activities and the importance of meeting the need(s) are documented. In rating this factor, HUD will consider data collected within the last five (5) years to be current. To the extent that the targeted community's Five Year Consolidated Plan and Analysis of Impediments to Fair Housing Choice (AI) identify the level of the problem and the urgency in meeting the need, applicants should include references to [[Page 13717]] these documents in the response to this factor. If the proposed activities are not covered under the scope of the Consolidated Plan and Analysis of Impediments to Fair Housing Choice (AI), indicate this clearly in the proposal and use other sound data sources to identify the level of need and the urgency in meeting the need. Applicants must use statistics or other analyses contained in at least one or more current data sources that are sound and reliable. The data provided must be current and specific to the area where the proposed project activities will be carried out. Sources for localized data can be found at http://www.ffiec.gov. Other reliable data sources include, but are not limited to, Census reports, HUD Continuum of Care gap analysis and its E-MAP (http:// www.hud.gov/emaps), law enforcement agency crime reports, Public Housing Agencies' Comprehensive Plans, community needs analyses such as provided by the United Way, the applicant's institution, and other sound and reliable appropriate sources. Needs in terms of fulfilling court orders or consent decrees, settlements, conciliation agreements, and voluntary compliance agreements may also be addressed. 3. Rating Factor 3: Soundness of Approach (45 Points). This factor addresses the quality and effectiveness of the proposed work plan, the commitment of the institution to sustain the proposed activities, actions regarding HUD's priorities, goals and objectives, and affirmatively furthering fair housing. This factor will be evaluated based on the extent to which the proposed work plan demonstrates the following: a. (34 Points) Quality of the Work Plan. This subfactor will be evaluated on the extent to which an applicant provides a clear detailed description of the proposed project and anticipated accomplishments. (1) (24 Points) Specific Services and/or Activities. The work plan must describe all proposed activities and major tasks required to successfully implement the proposed project. (a) Applicants must provide a clear description of the proposed activities and address the following: (i) Describe each proposed activity to successfully implement and complete the proposed project in measurable terms (e.g., the number of persons to trained and employed; houses to be built or rehabilitated; or minority owned businesses to be started, etc.); (ii) List how each proposed activity meets one of the following Community Development Block Grant (CDBG) Program national objectives: [sbull] Benefit low- and moderate-income persons; [sbull] Aid in the prevention or elimination of slums or blight; or [sbull] Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community, and other financial resources are not available to meet such needs. Criteria for determining whether an activity addresses one or more objective are provided at 24 CFR 570.208; (b) Outline the major tasks required (in sequential order) to successfully implement and complete the proposed program activities. Include target completion dates for each activity/task (in 6 month intervals, up to 36 months); and (c) Identify the individuals, as described in Factor 1, who will be responsible for completing each activity/task. (2) (10 Points) Describe clearly how each proposed activity will: (a) Expand the role of the institution in its community; (b) Address the needs identified in Factor 2; (c) Relate to and not duplicate other activities in the target area. Duplicative effort will be acceptable only if an applicant can demonstrate through documentation that there is a population in need that is not being served; and (d) Involve and empower citizens of the target area in the proposed project. b. (5 Points) Involvement of the Faculty and Students. The applicant must describe the extent to which it proposes to integrate the institution's students and faculty into proposed project activities. c. (3 Points) HUD Policy Priorities. HUD encourages applicants to undertake specific activities that will assist the Department in implementing its policy priorities and which will help the Department achieve its goals and objectives in FY 2006, when the majority of grant recipients will be reporting programmatic results and achievements. In addressing this factor, HUD will evaluate the extent to which a program will further and support HUD's priorities. The quality of the responses provided to one or more of HUD's priorities will determine the score an applicant can receive. Applicants must describe how each policy priority selected will be addressed. Applicants that just list a priority will receive no points. Each policy priority addressed has a point value of one point with the exception of the policy priority to remove regulatory barriers to affordable housing, which has a point value of up to 2 points. The total number of points available to applicants that address policy priorities is 3. It is up to the applicant to determine which of the policy priorities they elect to address to receive the available 3 points. To receive points for efforts to remove regulatory barriers to affordable housing, an applicant must submit the completed questionnaire (HUD-27300) ``HUD's Initiative on Removal of Regulatory Barriers'' found in the General Section along with required documentation. The form is part of the electronic application and is constructed to permit the required documentation to be attached to the electronic form. For the full list and explanation of each policy priority, please refer to the General Section. d. (3 Points) Affirmatively Furthering Fair Housing. This subfactor will be evaluated on the extent to which an applicant describes how it proposes to undertake activities designed to affirmatively further fair housing opportunities for individuals on the basis of race, color, national origin, sex, religion, familial status, or disability. For example: (1) Working with other entities in the community to overcome impediments to fair housing, such as discrimination in the sale or rental of housing or in advertising, provision of brokerage services or lending; (2) Promoting fair housing choice through the expansion of homeownership opportunities and improved quality of services for minorities, families with children, and persons with disabilities; or (3) Providing housing mobility counseling services. 4. Rating Factor 4: Leveraging Resources (8 Points). This factor addresses the ability of the applicant to secure resources that can be combined with HUD's grant funds to achieve the program's purpose. In evaluating this factor, HUD will consider the extent to which the applicant established partnerships with other entities to secure additional resources to increase the effectiveness of the proposed project activities. Resources may include funding or in-kind contributions, such as services or equipment, allocated for the purpose(s) of the grant. Resources may be provided by governmental entities, public or private nonprofit organizations, for-profit private organizations, or other entities. Applicants may also establish [[Page 13718]] partnerships with other program funding recipients to coordinate the use of resources in the target area. Overhead and other institutional costs (e.g., salaries, indirect costs, etc.) that the institution has waived may be counted. Examples of potential sources for outside assistance include: [sbull] Federal, state, and local governments. [sbull] Local or national nonprofit organizations. [sbull] Financial institutions and/or private businesses. [sbull] Foundations. [sbull] Faith-based and other community-based organizations. For each cash or in-kind contribution to the program a letter of commitment, memorandum of understanding, or agreement must be provided that shows the extent and firmness of the commitment of leveraged funds (including any commitment of resources from the applicant's own institution) in order for these resources to count in determining points under this factor. Resources will not be counted for which there is no commitment letter, memorandum of understanding, or agreement, or quantified level of commitment. (Applicants submitting paper copy applications must place all letters, memoranda of understanding, or agreements in the Appendix. Applicants submitting these items electronically must follow the submission directions in Section IV.F of the General Section.) The date of the letter, memorandum of understanding, or agreement from the CEO of the provider organization must be dated no earlier than nine months prior to this published NOFA. Letters, memoranda of understanding, or agreements must be submitted on the provider's letterhead in accordance with the instructions in the General Section. Applicants that do not provide the documentation evidencing the leveraging or address all items as outlined below will receive zero (0) points for this Factor. a. A firm commitment letter, memorandum of understanding, or agreement must address the following: (1) The cash amount contributed or dollar value of the in-kind goods and/or services committed (If a dollar amount and use is not shown, the source will not be counted); (2) A specific description of how the contribution is to be used toward one of the proposed activities; (3) The date the contribution will be made available and a statement that describes the duration of the contribution; (4) Any terms or conditions affecting the commitment, other than receipt of a HUD grant; and (5) The signature of the appropriate executive officer authorized to commit the funds and/or goods and/or services. Please remember that only items eligible for funding under this program can be counted. 5. Rating Factor 5: Achieving Results and Program Evaluation (12 Points). This factor reflects HUD's goal to embrace high standards of management and accountability. It measures the applicant's commitment to assess their performance to achieve the program's proposed objectives and goals. Applicants are required to develop an effective, quantifiable, outcome oriented evaluation plan for measuring performance and determining that objectives and goals have been achieved. The Logic Model is a summary of the narrative statements presented in Factors 1-4. Therefore, the information submitted on the logic model should be consistent with the information contained in the narrative statements. ``Outcomes'' are benefits accruing to institutions and/or communities during or after participation in the HSIAC program. Applicants must clearly identify the outcomes to be measured and achieved. Examples of outcomes include increased employment opportunities in the target community by a certain percentage, or enhanced family stability through the creation of affordable housing opportunities. In addition, applicants must establish interim benchmarks and outputs that lead to the ultimate achievement of outcomes. ``Outputs'' are the direct products of the program's activities. Examples of outputs are the number of new affordable housing units, the number of homes that have been renovated, and the number of community facilities that have been constructed or rehabilitated. Outputs should produce outcomes for the program. At a minimum an applicant must address the following activities in the evaluation plan: a. Measurable outputs to be accomplished, e.g., the number of persons to be trained and employed; houses to be built (pursuant to 24 CFR 570.207) or rehabilitated; minority-owned businesses to be started; b. Measurable outcomes the grant will have on the community in general and the target area or population; and c. The impact the grant will have on assisting the university to obtain additional resources to continue this type of work at the end of the grant performance period. This information must be placed on a HUD-96010, Program Outcome Logic Model form. Applicants may submit as many copies of this form as required. It will not be included in the page count requirement. A narrative is not required. However, if a narrative is provided, those pages will be included in the page count. Additional information on this form and how to use it can be found in the General Section. B. Review and Selection Process 1. Application Selection Process. Two types of reviews will be conducted: a. A threshold review to determine an applicant's basic eligibility; and b. A technical review for all applications that pass the threshold review to rate and rank the application based on the ``Rating Factors'' listed in Section V, A. Only those applications that pass the threshold review will receive a technical review and be rated and ranked. 2. Rating Panels. To review and rate applications, HUD may establish panels, which may include experts or consultants not currently employed by HUD. These individuals may be included to obtain certain expertise. 3. Ranking. HUD will fund applications in rank order, until all available program funds are awarded. In order to be funded, an applicant must receive a minimum score of 75 points out of a possible 102 points, which includes up to two bonus points that may be awarded for activities conducted in the RC/EZ/EC-II communities, as described in the General Section. If two or more applications have the same number of points, the application with the most points for Factor 3, Soundness of Approach, shall be selected. If there is still a tie, the application with the most points for Factor 1, Capacity of the Applicant and Relevant Organizational Experience, shall be selected. If there is still a tie, the application with the most points for Factors 2, 4 and then 5 shall be selected, in that order, until the tie is broken. HUD reserves the right to make selections out of rank order to provide for geographic distribution of grantees. HUD also reserves the right to reduce the amount of funding requested in order to fund as many highly ranked applications as possible. Additionally, if funds remain after funding the highest ranked applications, HUD may fund part of the next highest-ranking application. If an applicant turns down an award offer, HUD will make an award to the next highest-ranking application. If funds remain after all [[Page 13719]] selections have been made, the remaining funds will be carried over to the next funding cycle's competition. 4. Correction to Deficient Applications. The General Section provides the procedures for correction to deficient applications. C. Anticipated Announcement and Award Dates Announcements of awards are anticipated on or before September 30, 2005. VI. Award Administration Information A. Award Notice After all selections have been made, HUD will notify all winning applicants in writing. HUD may require winning applicants to participate in additional negotiations before receiving an official award. For further discussion on this matter, please refer to the General Section. B. Administrative and National Policy Requirements For additional information regarding these requirements, please refer to Section VI.B in the General Section. 1. Debriefing. The General Section provides the procedures for requesting a debriefing. All requests for debriefings must be made in writing and submitted to: Madlyn Wohlman-Rodriguez; Office of University Partnerships; Robert C. Weaver Federal Building; 451 Seventh Street, SW., Room 8130; Washington, DC 20410-6000. Applicants may also write to Ms Wohlman-Rodriguez via email at Madlyn--S.--Wohlman- [email protected], and 2. Administrative. Grants awarded under this NOFA will be governed by the provisions of 24 CFR part 84 (Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations), A-21 (Cost Principles for Educational Institutions) and A-133 (Audits of States, Local Governments, and Non-Profit Organizations). Applicants can access the OMB circulars at the White House Web site at http://www.whitehouse.gov/omb/circulars/index.html. 3. OMB Circulars and Governmentwide Regulations Applicable to Financial Assistance Programs. The General Section provides further discussion. 4. Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors Labor Relations on Federal and Federally Funded Construction Projects. See the General Section for further discussion. 5. Procurement of Recovered Materials. The General Section provides further discussion of the federal law governing the procurement of recovered materials. 6. Executive Order 13166, Improving Access to Services For Persons With Limited English Proficiency (LEP). See the General Section for further discussion. 7. Code of Conduct. See the General Section for further discussion. C. Reporting All grant recipients under this NOFA are required to submit semi- annual progress reports. The progress reports shall consist of two components, a narrative that must reflect the activities undertaken during the reporting period and a financial report that reflects costs incurred by budget line items, as well as a cumulative summary of costs incurred during the reporting period. For each reporting period, as part of the required report to HUD, grant recipients must include a completed Logic Model (HUD 96010), which identifies output and outcome achievements. VII. Agency Contacts Applicants may contact Madlyn Wohlman-Rodriguez at (202) 708-3061, extension 5939 or Susan Brunson, at (202) 708-3061, extension 3852. Persons with speech or hearing impairments may call the Federal Information Relay Service (TTY) at (800) 877-8339. Except for the ``800'' number, these numbers are not toll-free. Applicants may also reach Ms. Rodriguez via e-mail at Madlyn--S.--Wohlman- [email protected], and/or Ms. Brunson at [email protected]. VIII. Other Information Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2528-0198. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 59 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application semi-annual and final reports. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. BILLING CODE 4210-32-P [[Page 13720]] [GRAPHIC] [TIFF OMITTED] TN21MR05.136 [[Page 13721]] [GRAPHIC] [TIFF OMITTED] TN21MR05.137 [[Page 13722]] [GRAPHIC] [TIFF OMITTED] TN21MR05.138 [[Page 13723]] Alaska Native/Native Hawaiian Institutions Assisting Communities (AN/ NHIAC) Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Policy Development and Research, Office of University Partnerships. B. Funding Opportunity Title: Alaska Native/Native Hawaiian Institutions Assisting Communities (AN/NHIAC) Program. C. Announcement Type: Initial announcement. D. Funding Opportunity Numbers: The Federal Register Number for this Notice Of Funding Availability (NOFA) is FR-4950-N-09. The OMB Approval Number for this program is 2528-0205. E. Catalog of Federal Domestic Assistance (CFDA) Number: The CFDA Number for this program is 14.515. F. Dates: The application submission deadline shall be on or before June 16, 2005. Please be sure to read the General Section for electronic application submission and receipt requirements. G. Additional Overview Content Information: 1. Purpose of the Program: The Alaska Native/Native Hawaiian Institutions Assisting Communities (AN/NHIAC) Program assists Alaska Native/Native Hawaiian Institutions (AN/NHI) of higher education expand their role and effectiveness in addressing community development needs in their localities, including neighborhood revitalization, housing, and economic development, principally for persons of low- and moderate- income, consistent with the purposes of Title I of the Housing and Community Development Act of 1974, as amended. 2. Award Information: In Fiscal Year (FY) 2005, approximately $3.9 million has been made available for this program by the Consolidated Appropriations Act, 2005 (Pub. L. 108-447) plus $267,000 in previously unobligated funds are available for this program. The maximum amount an applicant can request for award is $800,000 for a maximum three-year (36 months) grant performance period. Approximately $2.1 million is being made available for Alaska Native Institutions (ANIs) and $2.1 million is being made available for Native Hawaiian Institutions (NHIs). If funding remains after all eligible ANI applicants are awarded, the remaining funds will be made available to fund eligible NHI applicants. If funding remains after all eligible NHI applicants are awarded, the remaining funds will be made available to fund eligible ANI applicants. Full Text Of Announcement I. Funding Opportunity Description The purpose of the Alaska Native/Native Hawaiian Institutions Assisting Communities (AN/NHIAC) Program is to assist Alaska Native/ Native Hawaiian Institutions (AN/NHI) of higher education expand their role and effectiveness in addressing community development needs in their localities, including neighborhood revitalization, housing, and economic development, principally for persons of low- and moderate- income, consistent with the purposes of Title I of the Housing and Community Development Act of 1974, as amended. A. Authority HUD's authority for making funding available under this NOFA is the Consolidated Appropriations Act, 2005 (Pub. L. 108-447, approved December 8, 2004). This program is being implemented through this NOFA and the policies governing its operation are contained herein. B. Modifications Listed below are major modifications from the Fiscal Year (FY) 2004 program-funding announcement: 1. Applicants are required to submit their application electronically via the following Web site: http://www.grants.gov/Apply. Read the General Section for further discussion. 2. Letters, memoranda of understanding, or agreements in response to Factor 4 now can be dated no earlier than nine months prior to the date of this published NOFA and received no later than the application submission date. II. Award Information In Fiscal Year (FY) 2005, approximately $3.9 million is made available for this program, plus $267,000 in previously unobligated funds. HUD will award grants under this program to Alaska Native Institutions (ANI) and Native Hawaiian Institutions (NHI). The maximum amount an applicant can request for award is $800,000 for a maximum three-year (36 months) grant performance period. Approximately $2.1 million is being made available for ANIs. If funding remains after all eligible ANI applicants are awarded, the remaining funds will be made available to fund eligible NHI applicants. Approximately $2.1 million is being made available for NHIs. If funding remains after all eligible NHI applicants are awarded, the remaining funds will be made available to award eligible ANI applicants. III. Eligibility Information A. Eligible Applicants Nonprofit Alaska Native and Native Hawaiian Institutions of Higher Education that meet the definitions of Alaska Native and Native Hawaiian Institutions of Higher Education established in title III, part A, section 317 of the Higher Education Act of 1965, as amended by the Higher Education Amendments of 1998 (Pub. L. 105-244; enacted October 7, 1998) are eligible to apply for funding under this program. Institutions are not required to be on the list of eligible AN/NHIs prepared by the U.S. Department of Education. However, an institution that is not on the list is required to provide a statement in the application that the institution meets the U.S. Department of Education's statutory definition of an AN/NHI institution. In order to meet the definition of an Alaska Native Institution, at least 20 percent of the undergraduate headcount enrollment must be Alaska Native students. If an applicant is a Native Hawaiian institution, at least 10 percent of the undergraduate headcount enrollment must be Native Hawaiian students in order to meet this definition. In addition, applicants must be accredited by a national or regional accrediting agency recognized by the U.S. Department of Education. If an applicant is one of several campuses of the same institution, the applicant may apply separately from the other campuses as long as the campus has a separate administrative structure and budget and meets the enrollment test outlined above. All applicants must be accredited by a national or regional accrediting agency recognized by the U.S. Department of Education. B. Cost Sharing or Matching None required. C. Other 1. Eligible Activities: Eligible activities include, but are not limited to: a. Acquisition of real property; b. Clearance and demolition; c. Rehabilitation of residential structures and compliance with the accessibility requirements contained in Section 5 of the Rehabilitation Act of 1973; d. Acquisition, construction, reconstruction, rehabilitation, or installation of public facilities and improvements, such as water and sewer facilities and streets; including lead-based paint hazard evaluation and reduction and compliance with the accessibility requirements contained in Section 504 of the Rehabilitation Act of [[Page 13724]] 1973 and Americans with Disabilities Act of 1990; e. Direct homeownership assistance to low- and moderate-income persons, as provided in section 105(a)(25) of the Housing and Community Development Act of 1974; f. Special economic development activities described at 24 CFR 570.203 and assistance to facilitate economic development by providing technical or financial assistance for the establishment, stabilization, and expansion of microenterprises, including minority enterprises; g. Assistance to community-based development organizations (CBDO) to carry out neighborhood revitalization, community economic development, or energy conservation projects, in accordance with 24 CFR 570.204. This could include activities in support of a HUD-approved local entitlement grantee, CDBG Neighborhood Revitalization Strategy (NRS) or HUD-approved State CDBG Community Revitalization Strategy (CRS); h. Public service activities such as general support activities that can help to stabilize a neighborhood and contribute to sustainable redevelopment of the area, including but not limited to such activities as those concerned with employment, crime prevention, child care, health services, drug abuse, education, fair housing counseling, energy conservation, homebuyer down payment assistance, or recreational needs; i. Fair housing services designed to further the fair housing objectives of the Fair Housing Act (42 U.S.C. 3601-20) by making all persons, without regard to race, color, religion, sex, national origin, family status, and/or disability aware of the range of housing opportunities available to them; j. Up to 20 percent of the grant may be used for payments of reasonable grant administrative costs related to planning and execution of the project (e.g., preparation/submission of HUD reports). Detailed explanations of these costs are provided in the OMB circulars that can be accessed at the White House Web site at: http://www.whitehouse.gov/ omb/circulars/index.html; and k. Activities designed to promote training and employment opportunities (e.g., Neighborhood Networks in federally-assisted or insured housing and employment opportunities for lower income persons in connection with assisted projects). Eligible activities that may be funded under this program are those activities that meet both the Community Development Block Grant (CDBG) Program national objectives and eligibility requirements. a. The three national objectives of the Community Development Block Grant program are: (1) Benefit to low- or moderate-income persons; (2) Aid in the prevention or elimination of slums or blight; and (3) Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community, and other financial resources are not available to meet such needs. Criteria for determining whether an activity addresses one or more of these objectives are provided at 24 CFR 570.208. The CDBG publication entitled ``Community Development Block Grant Program Guide to National Objectives and Eligible Activities for Entitlement Communities'' describes the CDBG regulations, and a copy can be obtained from HUD's NOFA Information Center at 800-HUD-8929 or 800-HUD-2209 for the hearing- or speech-impaired. 2. Audit Requirements. Applicants must ensure that their most current A-133 audit is on file at the Federal Audit Clearinghouse. (Applicants are not required to submit a copy of the audit with the application.) Grantees that expend $500,000 or more in Federal financial assistance in a single year (this can be program year or fiscal year) must be audited in accordance with the OMB requirements as established in 24 CFR part 84. Additional information regarding this requirement can be access at the following Web site: http:// harvester.census.gov/sac. 3. Threshold Requirements Applicable to all Applicants. All applicants must comply with the threshold requirements as defined in the General Section and the requirements listed below to be evaluated, rated, and ranked. Applications that do not meet these requirements will be considered ineligible for funding and will be disqualified. a. The applicant must meet the eligibility requirements as defined in Section III.A, ``Eligible Applicants.'' b. The applicant may request no more than $800,000 for award. c. Only one application can be submitted per campus. If multiple applications are submitted, all will be disqualified. d. An individual campus that is one of several campuses of the same institution may apply separately as long as the applicant's campus has a separate administrative and budget structure. e. Institutions that received grants in FY 2004 are not eligible to submit an application under this NOFA. f. Applicants must receive a minimum score of 75 points to be considered for funding. g. An applicant must have a DUNS number to receive HUD grant funds. (The General Section provides information regarding the DUNS requirement). h. Electronic applications must be received by Grants.gov no later than 11:59:59 p.m. Eastern time on June 16, 2005. See the General Section for information on application submission and timely receipt requirements. 4. Program Requirements. In addition to the program requirements listed in Section III.C of the General Section, applicants must meet the following program requirements: a. All funds awarded are for a three-year (36 months) grant performance period. b. Applicants that claim leveraging from any source, including their own institution, must provide letters of firm commitment, memoranda of understanding, or agreements evidencing the extent and firmness of the commitment of leveraging from other federal (e.g., Department of Education, AmeriCorps Programs, etc.), state, or local governments, and other public/private sources (including the applicant's own resources). These documents must follow the outline provided in Section V, Application Review Information, ``Factor 4: Leveraging Resources'' of this NOFA. Please refer to Section IV.F of the General Section for further instructions on how to submit these third party documents via the electronic submission process. c. Applicants must ensure that not less than 51 percent of the aggregated expenditures of a grant award are used to benefit low- and moderate-income persons under the criteria specified in 24 CFR 570.208(a) or 570.208(d)(5) or (6). d. Site Control. Where grant funds will be used for acquisition, rehabilitation, or new construction, an applicant must demonstrate site control. Funds may be recaptured or deobligated from applicants that cannot demonstrate control of a suitable site within one year after the initial notification of award. e. Environmental Requirements. Selection for award does not constitute approval of any proposed sites. Following selection for award, HUD will perform an environmental review of properties proposed for assistance in accordance with 24 CFR part 50. The results of the environmental review may [[Page 13725]] require that proposed activities be modified or proposed sites be rejected. Applicants are particularly cautioned not to undertake or commit funds for acquisition or development of proposed properties prior to HUD approval of specific properties or areas. An application constitutes an assurance that the institution will assist HUD to comply with part 50; will supply HUD with all available and relevant information to perform an environmental review for each proposed property; will carry out mitigating measures required by HUD or select alternate property; and will not acquire, rehabilitate, convert, demolish, lease, repair, or construct property, and not commit or expend HUD or local funds for these program activities with respect to any eligible property until HUD's written approval of the property is received. In supplying HUD with environmental information, applicants should use the same guidance as provided in the HUD Notice CPD-99-01 entitled ``Field Environmental Review Processing for HUD Colonias Initiative (HCI) Grants'' issued January 27, 1999. The General Section provides further discussion of the environmental requirements. Further information and assistance on HUD's environmental requirements is available at: http://www.hud.gov/offices/ cpd/energyenviron/environment/index.cfm. f. Labor Standards. Institutions and their subgrantees, contractors, and subcontractors must comply with the labor standards (Davis-Bacon) requirements referenced in 24 CFR 570.603. g. Economic Opportunities for Low- and Very-Low Income Persons (Section 3). The provisions of Section 3 of the Housing and Urban Development Act of 196 (12 U.S.C. 1701u) apply to this NOFA. Regulations may be found at 24 CFR Part 135. IV. Application and Submission Information A. Address To Request Application Package Applicants may download the instructions to the application found on the Grants.gov Web site at http://www.Grants.gov./Apply. The instructions contain the General Section and Program Section of the published NOFA as well as forms that you must complete and attach as a zip file to your application submission. If you have difficulty accessing the information you may call the Grants.gov Support desk toll free 800-518-GRANTS or e-mail your questions to Grants.gov">Support@Grants.gov. The Support Desk staff will assist you in accessing the information. Please remember that you must be registered to submit an application utilizing Grants.gov. Your registration allows you to electronically sign the application and enables Grants.gov to authenticate that the person signing the application has the legal authority to submit the application on behalf of the applicant. Please see the General Section for information regarding the registration process or ask for registration information from the Grants.gov Support Desk. Please be aware that the registration process is a separate process from requesting e-mail notification of funding opportunities or downloading the application and should be done as soon as you download the application from the Grants.gov Web site. If you are not sure if you are already registered, the Grants.gov Support Desk can assist in verifying whether you are registered. B. Content and Form of Application Submission 1. Forms. The following forms are required for submission. Copies of these forms are included in Appendix A of the General Section. The electronic version of the NOFA contains all forms required for submission. a. Application for Federal Assistance (SF-424); b. Survey on Ensuring Equal Opportunity for Applicants (SF-424 Supplement); c. Grant Application Detailed Budget (HUD-424-CB); d. Disclosure of Lobbying Activities (SF-LLL); e. America's Affordable Communities Initiative (HUD-27300), if applicable; f. Applicant/Recipient Disclosure/Update Report (HUD-2880); g. Program Logic Model (HUD-96010); h. Client Comments and Suggestions (HUD-2994). This form is included to solicit information from the most valuable source, the applicant. The changes that we have instituted this year are designed to make things easier for the applicant. If applicants complete and submit this form, it will help us to assess whether the changes have had the intended results. It will also guide us in our continuing efforts to improve the competitive grant process. Applicants are not required to complete this form; i. Certification of Consistency with the Consolidated Plan (HUD- 2991); j. Acknowledgement of Applicant Receipt (HUD-2993). Only applicants that do not submit an electronic application need to include this form with their application. Please complete this form if you have received a waiver to the electronic application submission requirement. Applicants are not required to include this form, but it is recommended that they do so; and k. Facsimile Transmittal Cover Page (HUD 96011). This form must be used as part of the electronic application to transmit third party documents and other information as described in the General Section as part of your electronic application submittal (if applicable). Applicants are advised to download the application package, complete the SF 424 first and it will pre-populate the Transmittal Cover page. The Transmittal Cover page will contain a unique identifier embedded in the page that will help HUD associate your faxed materials to your application. Please download the cover page and then make multiple copies to provide to any of the entities responsible for submitting faxed materials to HUD on your behalf. 2. Certifications and Assurances. Please read the General Section for detailed information on all Certifications and Assurance. All applications submitted through Grants.gov constitute an acknowledgement and agreement to all required certifications and assurances. Please include in your application each item listed below. Applicants submitting paper copy applications should submit the application in the following order: a. SF-424, Application for Federal Assistance. Please remember the following: (1) The full grant amount (entire three-years) should be entered, not the amount for just one year; (2) Include the name, title, address, telephone number, facsimile number, and email address of the designated contact. This is the person who will receive the reviewers' comments; therefore, please ensure the accuracy of the information; (3) The Employer Identification/Tax ID number; (4) The DUNS Number; (5) The Catalog of Federal Domestic Assistance Number for this program is 14.515; (6) The project's proposed start date and completion date. For the purpose of this application, the program start date should be November 1, 2005; and (7) The signature of the Authorized Organization Representative (AOR) who has been authenticated by the credential provider to submit applications via Grants.gov. The AOR must be able to make a legally binding agreement with HUD. See the General Section for instructions and requirements for Registration with Grants.gov. [[Page 13726]] b. Application Checklist. Applicants should use the checklist to ensure that they have all the required components of their application. Applicants submitting an electronic application do not have to submit the checklist. Applicants that receive a waiver of the electronic application submission requirement must include a copy of the checklist in their application submission. The checklist is found in Attachment A of this NOFA. c. Abstract. Applicants must include the following: (1) A clear description of the proposed project activities, the target population that will be assisted, and the impact this project will have on the institution; (2) A statement that the institution is an eligible institution because it is a two- or four-year fully accredited institution, the name of the accrediting agency and an assurance that the accrediting agency is recognized by the U.S. Department of Education; (3) A statement that the institution meets the definition of an Alaska Native Institution, at least 20 percent of the undergraduate headcount enrollment must be Alaska Native students. If an applicant is a Native Hawaiian institution, in order to meet this definition, at least 10 percent of the undergraduate headcount enrollment must be Native Hawaiian students; (4) The designated contact person, including phone number, facsimile number, and email address. (This is the person who will receive the reviewers' comments; therefore, please ensure the accuracy of the information); (5) University's name, campus, mailing address, telephone number, facsimile number, and e-mail address; and (6) The principal investigator, if different from the designated contact person, for the project, including phone number, facsimile number, and email address. d. Narrative statement addressing the Rating Factors. HUD will use the narrative response to the ``Rating Factors'' to evaluate, rate, and rank applications. The narrative statement is the main source of information. Applicants are advised to review each factor carefully for program specific requirements. The response to each factor should be concise and contain only information relevant to the factor, but detailed enough to address each factor fully. Please do not repeat material in response to the five factors; instead, focus on how well the proposal responds to each of the factors. In factors where there are subfactors, each subfactor must be presented separately, with the short title of the subfactor presented. Make sure to address each subfactor and provide sufficient information about every element of the subfactor. The narrative section of an application must not exceed 75 pages, doubled spaced (excluding forms, budget narrative, assurances, commitment letters, memoranda of understanding, agreements, and abstract). Each page of the narrative must include the applicant's name and be numbered. Please note that although submitting pages in excess of the page limit will not disqualify an applicant, HUD will not consider the information on any excess pages. This exclusion may result in a lower score or failure to meet a threshold requirement. e. Budget. The budget submission must include the following: (1) HUD-424-CB, ``Grant Application Detailed Budget.'' This budget form shows the total budget by year and by line item for the program activities to be carried out with the proposed HUD grant. Each year of the program should be presented separately. Applicants must also submit this form to reflect the total cost for the entire grant performance period (Grand Total). Make sure that the amount shown on Form SF-424, the HUD-424-CB and on all other required program forms is consistent and the budget totals are correct. Remember to check addition in totaling the categories on the Form HUD-424-CB so that all items are included in the total. If there is any inconsistency between any of the required forms the HUD- 424-CB will be used. All budget forms must be fully completed. If an application is selected for award, the applicant may be required to provide greater specificity to the budget during grant agreement negotiations. (2) Budget Narrative. A narrative must be submitted that explains how the applicant arrived at the cost estimates for any line item over $5,000 cumulative. For example, an applicant proposes to construct a building using HUD funding totaling $200,000. The following costs estimate reflects this total. Foundation cost $75,000, electrical work $40,000, plumbing work $40,000, finishing work $35,000, and landscaping $10,000. The proposed cost estimates should be reasonable for the work to be performed and consistent with rates established for the level of expertise required to perform the work proposed in the geographical area. When necessary, quotes from various vendors or historical data should be used and included. (See the General Section for how to submit this information electronically). When an applicant proposes to use a consultant, the applicant must indicate whether there is a formal written agreement. For each consultant, please provide the name, if known, hourly or daily rate, and the estimated time on the project. Applicants must submit a cost estimate based on historical data from the institution and/or from a qualified firm (e.g., Architectural or Engineering), vendor, and/or qualified individual (e.g., independent architect) other than the institution for projects that involve rehabilitation of residential, commercial and/or industrial structures, and/or acquisition, construction, or installation of public facilities, and improvements. Such an entity must be involved in the business of housing rehabilitation, construction, and/or management. Equipment and contracts cannot be presented as a total estimated cost. For equipment, applicants must provide a list by type and cost for each item. Applicants using contracts must provide an individual description and cost estimate for each contract. (3) Indirect costs. Indirect costs, if applicable, are allowable based on an established approved indirect cost rate. Applicants should include a copy of their indirect cost rate agreement with their application. Please refer to Section IV.F of the General Section for further discussion on electronic submission of required documentation. Applicants who are selected for funding that do not have an approved indirect cost rate agreement (established by the cognizant federal agency, Certified Public Account, or auditor) will be required to establish a rate. In such cases, HUD will issue an award with a provisional rate and assist applicants with the process of establishing a final rate. f. Appendix. Applicants receiving a waiver of the electronic submission requirements and submitting a paper copy of the application must place all letters of commitment, memoranda of understanding and agreements for funds/resources in response to Factor 4 and other required forms in this section. For applicants submitting electronic applications, please refer to Section IV.F of the General Section for instructions on how third party documents are to be submitted to HUD using the electronic submission process. An applicant SHOULD NOT submit general support letters, resumes, or other back-up materials. If this information is included, it will not be considered during the review process. The additional items will also slow the transmission of your application. [[Page 13727]] C. Submission Dates and Times A complete application package must be received electronically by the Grants.gov portal no later than 11:59:59 p.m. Eastern time on or before the application June 16, 2005. Applications may be submitted in advance of the submission date. Electronic faxes using the Facsimile Transmittal (Form HUD 96011) cover sheet contained in the electronic application may be submitted prior to the application submission date and must be received no later than 11:59:59 p.m. Eastern time on the application submission date. Please see Section IV.F of the General Section for electronic application submission instructions and timely receipt requirements. D. Intergovernmental Review This program is excluded from an Intergovernmental Review. E. Funding Restrictions Ineligible CDBG Activities are listed at 24 CFR 570.207. Funding may only be provided to applicants that meet the standards for eligible applicants in Section III.A. Ineligible activities include but are not limited to: 1. New construction of public housing; 2. General government expenses; 3. Political activities; 4. Planning and administrative activities that would result in a grantee exceeding the 20 percent cost limitation on such activities; and 5. Development and/or expansion of an institution's existing curriculum when it is primarily to enhance the institution rather than to achieve the specific goals/objectives of the proposed project. F. Other Submission Requirements 1. Application Submission and Receipt Procedure. Please read the General Section carefully and completely for the submission and receipt procedures for all applications because failure to comply may disqualify your application. 2. Waiver of Electronic Submission Requirements. Please refer to the General Section for further discussion. V. Application Review Information A. Criteria 1. Rating Factor 1. Capacity of the Applicant and Relevant Organizational Experience (25 Points). This factor addresses the extent to which the applicant has the organizational resources necessary to successfully implement the proposed activities in a timely manner. In rating this factor, HUD will consider the extent to which the proposal demonstrates: a. Knowledge and Experience For First Time Applicants (25 Points) For Previously Funded Applicants (13 Points). The knowledge and experience possessed by the proposed project director and staff, including the day-to-day program manager, consultants (including technical assistance providers), and contractors in planning and managing this kind of project for which funding is being requested. Applicants must clearly identify the following: key project team members, titles (e.g., project manager/coordinator, etc.), respective roles for the project staff and a brief description of their relevant experience. Experience will be judged in terms of recent and relevant knowledge and skills of the staff to undertake eligible program activities. HUD will consider experience within the last five (5) years to be recent and experience pertaining to similar activities to be relevant. b. Past Performance (12 Points) For Previously Funded Applicants Only. This subfactor will evaluate the extent to which an applicant has performed successfully under all previously completed and open HUD/AN/ NHIA grants. Applicants must demonstrate this by providing the following information: (1) A detailed list outlining the achievement of specific tasks, measurable objectives, and specific outcomes consistent with the approved timeline/work plan in previous grants; (2) Comparison of proposed leveraged funds and/or resources in previous grants to what was actually leveraged; (3) A list of all HUD/AN/NHIAC grants received, including the dollar amount awarded and the amount expended as of the date of this application; and (4) A detailed list outlining the timeliness and completeness of complying with all the AN/NHIAC reporting requirements. In addressing timeliness compare when reports were due with when they were actually submitted. HUD will also review an applicant's past performance in managing funds, including, but not limited to: the ability to account for funding appropriately; timely use of funds received from HUD; meeting performance targets for completion of activities; and receipt of promised leveraged funds. In evaluating past performance, HUD reserves the right to deduct up to five (5) points from this rating score as a result of the information obtained from HUD's records (i.e., progress and financial reports, monitoring reports, Logic Model submissions, and amendments), including the timely submission of required progress reports. 2. Rating Factor 2: Need/Extent of the Problem (10 Points). This factor addresses the extent to which there is a need for funding the proposed program activities and an indication of the importance of meeting the need(s) in the target area. The need(s) described must be relevant to the activities for which funds are being requested. The proposal will be evaluated on the extent to which the level of need for the proposed activities and the importance of meeting the need(s) are documented. Applicants must use statistics and analyses contained in at least one or more current data sources that are sound and reliable. The data provided must be current and specific to the area where the proposed project activities will be carried out. Sources for localized data can be found at: http://www.ffiec.gov. In rating this factor, HUD will consider data collected within the last five (5) years to be current. To the extent that the targeted community's Five (5) Year Consolidated Plan and Analysis of Impediments to Fair Housing Choice (AI) identify the level of the problem and the urgency in meeting the need, applicants should include references to these documents in the response to this factor. Other reliable data sources include, but are not limited to, Census reports, HUD Continuum of Care gap analysis and its E-MAP (http:// www.hud.gov/emaps), law enforcement agency crime reports, Public Housing Agencies' Comprehensive Plans, community needs analyses such as provided by the United Way, the applicant's institution, and other sound and reliable appropriate sources. Needs in terms of fulfilling court orders or consent decrees, settlements, conciliation agreements, and voluntary compliance agreements may also be addressed. 3. Rating Factor 3: Soundness of Approach (45 Points). This factor addresses the quality and effectiveness of the proposed work plan, the commitment of the institution to sustain the proposed activities, actions regarding HUD's priorities, goals and objectives, and affirmatively furthering fair housing. This factor will be evaluated based on the extent to which the proposed work plan demonstrates the following. a. (35 Points) Quality of the Work Plan. This subfactor will be evaluated on the extent to which an applicant provides a clear detailed description of the proposed project and anticipated accomplishments. [[Page 13728]] (1) (30 Points) Specific Services and/or Activities. The work plan must describe all proposed activities and major tasks required to successfully implement the proposed project. (a) Applicants must provide a clear description of the proposed activities and address the following: (i) Describe each proposed activity to successfully implement and complete the proposed project in measurable terms (e.g., the number of homes that will be renovated, the number of jobs created, etc.); (ii) List how each proposed activity meets one of the following Community Development Block Grant (CDBG) Program national objectives: [sbull] Benefit low- and moderate-income person; [sbull] Aid in the prevention or elimination of slums or blight; or [sbull] Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community, and other financial resources are not available to meet such needs. Criteria for determining whether an activity addresses one or more objectives are provided at 24 CFR 570.208; (b) Outline the major tasks required (in sequential order) to successfully implement and complete the proposed project activities. Include the target completion dates for these tasks (in 6 month intervals, up to 36 months); and (c) Identify the individuals, as described in Factor 1, who will be responsible and accountable for completing each task. (2) (5 Points) Describe clearly how each proposed activity will: (a) Expand the role of the institution in its community; (b) Address the needs identified in Factor 2; (c) Relate to and not duplicate other activities in the target area. Duplicative effort will be acceptable only if an applicant can demonstrate through documentation that there is a population in need that is not being served; and (d) Involve and empower citizens of the target area in the proposed project. b. (4 Points) Involvement of the faculty and students. The applicant must describe the extent to which it proposes to integrate the institution's students and faculty into proposed project activities. c. (3 Points) HUD Policy Priorities. HUD encourages applicants to undertake specific activities that will assist the Department in implementing its policy priorities and which help the Department achieve its goals and objectives in FY 2006, when the majority of grant recipients will be reporting programmatic results and achievements. In addressing this factor, HUD will evaluate the extent to which a program will further and support HUD's priorities. The quality of the responses provided to one or more of HUD's priorities will determine the score an applicant can receive. Applicants must describe how each policy priority selected will be addressed. Applicants that just list a priority will receive no points. Each policy priority addressed has a point value of one point with the exception of the policy priority to remove regulatory barriers to affordable housing, which has a point value of up to 2 points. The total number of points available to applicants that address policy priorities is 3. It is up to the applicant to determine which of the policy priorities they elect to address to receive the available 3 points. To receive points for efforts to remove regulatory barriers to affordable housing, an applicant must submit the completed questionnaire (HUD-27300) ``HUD's Initiative on Removal of Regulatory Barriers'' found in the General Section along with required documentation. The form is part of the electronic application and is constructed to permit the required documentation to be attached to the electronic form. For the full list and explanation of each policy priority, please refer to the General Section. d. (3 Points) Affirmatively Furthering Fair Housing. This subfactor will be evaluated on the extent to which an applicant describes how it proposes to undertake activities designed to affirmatively further fair housing opportunities for individuals on the basis of race, color, national origin, sex, religion, familial status, or disability. For example: (1) Working with other entities in the community to overcome impediments to fair housing, such as discrimination in the sale or rental of housing or in advertising, provision of brokerage services or lending; (2) Promoting fair housing choice through the expansion of homeownership opportunities and improved quality of services for minorities, families with children, and persons with disabilities; or (3) Providing housing mobility counseling services. 4. Rating Factor 4: Leveraging Resources (8 Points). This factor addresses the ability of the applicant to secure resources that can be combined with HUD's grant funds to achieve the program's purpose. In evaluating this factor, HUD will consider the extent to which the applicant established partnerships with other entities to secure additional resources to increase the effectiveness of the proposed project activities. Resources may include funding or in-kind contributions, such as services or equipment, allocated for the purpose(s) of the grant. Resources may be provided by governmental entities, public or private nonprofit organizations, for-profit private organizations, or other entities. Applicants may also establish partnerships with other program funding recipients to coordinate the use of resources in the target area. Overhead and other institutional costs (e.g., salaries, indirect costs, etc.) that the institution has waived may be counted. Examples of potential sources for outside assistance include: [sbull] Federal, state, and local governments. [sbull] Public Housing Agencies. [sbull] Local or national nonprofit organizations. [sbull] Financial institutions and/or private businesses. [sbull] Foundations. [sbull] Faith-based and other community-based organizations. For each cash or in-kind contribution to the program a letter of commitment, memorandum of understanding, or agreement must be provided that shows the extent and firmness of the commitment of leveraged funds (including any commitment of resources from the applicant's own institution) in order for these resources to count in determining points under this factor. Resources will not be counted for which there is no commitment letter, memorandum of understanding, or agreement, or quantified level of commitment. (Applicants submitting paper copy applications must place all letters, memoranda of understanding, or agreements in the Appendix. Applicants submitting these items electronically must follow the submission directions in Section IV.F of the General Section.) The date of the letter, memorandum of understanding, or agreement from the CEO of the provider organization must be dated no earlier than nine months prior to this published NOFA. Letters, memoranda of understanding, or agreements must be submitted on the provider's letterhead in accordance with the instructions in the General Section. Applicants that do not provide the documentation evidencing the leveraging or address all items as outlined below will receive zero (0) points for this Factor. [[Page 13729]] A firm commitment letter, memorandum of understanding, or agreement must address the following: (1) The cash amount contributed or dollar value of the in-kind goods and/or services committed (If a dollar amount and use is not shown, the source will not be counted); (2) A specific description of how each contribution is to be used toward the proposed activities; (3) The date the contribution will be made available and a statement that describes the duration of the contribution; (4) Any terms or conditions affecting the commitment, other than receipt of a HUD Grant; and (5) The signature of the appropriate executive officer authorized to commit the funds and/or goods and/or services. Please remember that only items eligible for funding under this program can be counted. 5. Rating Factor 5: Achieving Results and Program Evaluation (12 Points). This factor reflects HUD's goal to embrace high standards of management and accountability. It measures the applicant's commitment to assess their performance to achieve the program's proposed objectives and goals. Applicants are required to develop an effective, quantifiable, outcome oriented evaluation plan for measuring performance and determining that objectives and goals have been achieved. The Logic Model is a summary of the narrative statements presented in Factors 1-4. Therefore, the information submitted on the logic model should be consistent with the information contained in the narrative statements. ``Outcomes'' are benefits accruing to institutions of higher education and/or communities during or after participation in the AN/ NHIAC program. Applicants must clearly identify the outcomes to be measured and achieved. Examples of outcomes include increased community development in the target community by a certain percentage, increased employment opportunities in the target community by a certain percentage, increased incomes/wages or other assets for persons trained, and or enhanced family stability through the creation of affordable housing opportunities. In addition, applicants must establish interim benchmarks and outputs that lead to the ultimate achievement of outcomes. ``Outputs'' are the direct products of the program's activities. Examples of outputs are the number of new affordable housing units, the number of homes that have been renovated, and the number of facilities that have been constructed or rehabilitated. Outputs should produce outcomes for the program. At a minimum, an applicant must address the following activities in the evaluation plan: a. Measurable outputs to be accomplished (e.g., the number of persons to be trained and employed; houses to be built pursuant to 24 CFR 570.207 or rehabilitated; minority-owned businesses to be started); b. Measurable outcomes the grant will have on the community in general and the target area or population; and c. The impact the grant will have on assisting the university to obtain additional resources to continue this type of work at the end of the grant performance period. This information must be placed on a HUD-96010, Program Outcome Logic Model form. Applicants may submit as many copies of this form as required. It will not be included in the page count. A narrative is not required. However, if a narrative is provided, those pages will be included in the page count. Additional information on this form and how to use can be found in the General Section. B. Review and Selection Process 1. Application Selection Process. Two types of reviews will be conducted: a. A threshold review to determine an applicant's basic eligibility; and b. A technical review for all applications that pass the threshold review to rate and rank the application based on the ``Rating Factors'' listed in Section V.A. Only those applications that pass the threshold review will receive a technical review and be rated and ranked. 2. Rating Panels. To review and rate applications, HUD may establish panels, which may include experts or consultants not currently employed by HUD. These individuals may be included to obtain certain expertise. 3. Ranking. HUD will fund applications in rank order, until all available program funds are awarded. In order to be funded, an applicant must receive a minimum score of 75 points out of a possible 100 points for Factors 1 through 5. The RC/EZ/EC-II bonus points described in the General Section do not apply to this NOFA. If two or more applications have the same number of points, the application with the most points for Factor 3, Soundness of Approach, shall be selected. If there is still a tie, the application with the most points for Factor 1, Capacity of the Applicant and Relevant Organizational Experience, shall be selected. If there is still a tie, the application with the most points for Factors 2, 4 and then 5 shall be selected, in that order, until the tie is broken. HUD reserves the right to make selections out of rank order to provide for geographic distribution of grantees. HUD also reserves the right to reduce the amount of funding requested in order to fund as many highly ranked applications as possible. Additionally, if funds remain after funding the highest ranked applications, HUD may fund part of the next highest-ranking application. If an applicant turns down an award offer, HUD will make an award to the next highest-ranking application. If funds remain after all selections have been made, the remaining funds will be carried over to the next funding cycle's competition. 4. Correction to Deficient Applications. The General Section provides the procedures for correction to deficient applications. C. Anticipated Announcement and Award Dates Announcements of awards are anticipated on or before September 30, 2005. VI. Award Administration Information A. Award Notices After all selections have been made, HUD will notify all winning applicants in writing. HUD may require winning applicants to participate in additional negotiations before receiving an official award. For further discussion on this matter, please refer to the General Section. B. Administrative and National Policy Requirements For additional information regarding these requirements, please refer to Section VI.B. in the General Section. 1. Debriefing. The General Section provides the procedures for requesting a debriefing. All requests for debriefings must be made in writing and submitted to: Sherone Ivery; Office of University Partnerships; Robert C. Weaver Federal Building; 451 Seventh Street, SW., Room 8106; Washington DC 20410. Applicants may also write to Ms. Ivey via e-mail at [email protected]. 2. Administrative. Grants awarded under this NOFA will be governed by the provisions of 24 CFR part 84 (Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations), A-21 (Cost Principles for Educational Institutions) and A-133 (Audits of States, Local Governments, and Non-Profit Organizations). Applicants can access [[Page 13730]] the OMB circulars at the White House Web site at: http:// www.whitehouse.gov/omb/circulars/index.html. 3. OMB Circulars and Government-wide Regulations Applicable to Financial Assistance Programs. The General Section provides further discussion. 4. Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors Labor Relations on Federal and Federally Funded Construction Projects. See the General Section for further discussion. 5. Procurement of Recovered Materials. See the General Section for further discussion. 6. Executive Order 13166, Improving Access to Services For Persons With Limited English Proficiency (LEP). See the General Section for further discussion. 7. Code of Conduct. See the General Section for further discussion. C. Reporting All grant recipients under this NOFA are required to submit quarterly progress reports. The progress reports shall consist of two components, a narrative that must reflect the activities undertaken during the reporting period and a financial report that reflects costs incurred by budget line item, as well as a cumulative summary of cost incurred during the reporting period. For each reporting period, as part of the required report to HUD, grant recipients must include a completed Logic Model form (HUD-96010), which identifies output and outcome achievements. VII. Agency Contacts Applicants may contact Sherone Ivey at (202) 708-3061, extension 4200 or Susan Brunson at (202) 708-3061, extension 3852. Persons with speech or hearing impairments may call the Federal Information Relay Service TTY at (800) 877-8339. Except for the ``800'' number, these numbers are not toll-free. Applicants may also reach Ms. Ivey via email at [email protected], and/or Ms. Brunson at Susan--S.-- [email protected]. VIII. Other Information: Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2528-0205. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 59 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, quarterly, and final reports. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. BILLING CODE 4210-32-P [[Page 13731]] [GRAPHIC] [TIFF OMITTED] TN21MR05.083 [[Page 13732]] [GRAPHIC] [TIFF OMITTED] TN21MR05.084 [[Page 13733]] [GRAPHIC] [TIFF OMITTED] TN21MR05.085 BILLING CODE 4210-32-C [[Page 13734]] Tribal Colleges and Universities Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Policy Development and Research, Office of University Partnerships. B. Funding Opportunity Title: Tribal Colleges and Universities Program (TCUP). C. Announcement Type: Initial announcement. D. Funding Opportunity Numbers: The Federal Register Number for this Notice of Funding Availability (NOFA) is FR-4950-N-13. The OMB Approval Number for this program is 2528-0215. E. Catalog of Federal Domestic Assistance (CFDA) Number: The CFDA Number for this program is 14.519. F. Dates: The application submission date is June 16, 2005. Please be sure to read the General Section for electronic application submission and receipt requirements. G. Additional Overview Content Information: 1. Purpose of the Program. The Tribal Colleges and Universities Program (TCUP) assists Tribal Colleges and Universities (TCU) to build, expand, renovate, and equip their own facilities. 2. Award Information: In Fiscal Year (FY) 2005, approximately $2.976 million has been appropriated by the Consolidated Appropriations Act, 2005 (Pub. L. 108-447). The maximum amount an applicant can request for award is $600,000 for a maximum three-year (36 months) grant performance period. 3. Eligible Applicants: Tribal Colleges and Universities that meet the definition of a TCU established in Title III of the 1998 Amendments to the Higher Education Act of 1965 (Pub. L. 105-244, approved October 7, 1998) are eligible to apply for funding under this program. Institutions must be accredited or provide a statement in the abstract of the application that states the institution is a candidate for accreditation by a regional institutional accrediting association recognized by the U.S. Department of Education. Full Text of Announcement I. Funding Opportunity Description The purpose of this program is to assist Tribal Colleges and Universities (TCU) to build, expand, renovate, and equip their own facilities. A. Authority HUD's authority for making funding available under this NOFA is the Consolidated Appropriations Act, 2005 (Pub. L. 108-447; approved December 8, 2004). This program is being implemented through this NOFA and the policies governing its operation are contained herein. B. Modifications Listed below are major modifications from the Fiscal Year (FY) 2004 program-funding announcement. 1. Applicants are required to submit their application electronically via the following Web site: http://www.grants.gov/Apply. Read the General Section for further discussion. 2. Letters, memoranda of understanding, or agreements in response to Factor 4 now can be dated no earlier than nine months before the date of this published NOFA and received no later than the application submission date. II. Award Information In Fiscal Year (FY) 2005, approximately $2.976 million is made available under this NOFA. The maximum amount an applicant can request for award is $600,000 for a maximum three-year (36 months) grant performance period. III. Eligibility Information A. Eligible Applicants Tribal Colleges and Universities that meet the definition of a TCU established in Title III of the 1998 Amendments to the Higher Education Act of 1965 (Pub. L. 105-244, enacted October 7, 1998) are eligible to apply for funding under this program. Institutions must be accredited, or provide a statement in their application that verifies the institution is a candidate for accreditation, by a regional institutional accrediting association recognized by the U.S. Department of Education. B. Cost Sharing or Matching None required. C. Other 1. Eligible Activities. Eligible activities include building, expanding, renovating, and equipping facilities owned by the institution (a long-term lease for five years or more in duration is considered an acceptable form of ownership under this program). Buildings for which TCUP funding is used that also serve the community are eligible; however, the facilities must be predominantly (at least 51 percent of the time) for the use of the institution (e.g., students, faculty, and staff). Examples of eligible activities include, but are not limited to: a. Building a new facility (e.g., classrooms, administrative offices, Health and Cultural centers, gymnasium, technology centers, etc.); b. Renovating an existing or acquired facility; c. Expanding an existing or acquired facility; d. Equipping university facilities (e.g., lab equipment, library books, furniture, etc.); or e. Property acquisition; and f. Applicants can use up to 20 percent of the grant for payments of reasonable grant administrative costs related to planning and execution of the project (e.g., preparation/submission of HUD reports). A detailed explanation of these costs is provided in the OMB circulars that can be accessed at the White House Web site at: http:// www.whitehouse.gov/omb/circulars/index.html. Each activity proposed for funding must meet at least one of the following Community Development Block Grant (CDBG) Program national objectives: [sbull] Benefit low- and moderate-income persons; [sbull] Aid in the prevention or elimination of slums or blight; or [sbull] Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community, and other financial resources are not available to meet such needs. Criteria for determining whether an activity addresses one or more objectives are provided at 24 CFR 570.208. The CDBG publication entitled ``Community Development Block Grant Program Guide to National Objectives and Eligible Activities for Entitlement Communities'' describes the CDBG regulations, and a copy can be obtained from HUD's NOFA Information Center at 800-HUD-8929 or 800-HUD-2209 for the hearing-impaired. 2. Audit Requirements. Applicants must ensure that their most current A-133 audit is on file at the Federal Audit Clearinghouse. (Applicants are not required to submit a copy of the audit with their application.) Grantees that expend $500,000 or more in Federal financial assistance in a single year (this can be program year or fiscal year) must be audited in accordance with the OMB requirements as established in 24 CFR part 84. Additional information regarding this requirement can be access at the following Web site: http:// harvester.census.gov/sac. 3. Threshold Requirements Applicable to All Applicants. All applicants must comply with the threshold requirements as defined in the General Section and the requirements listed below to be evaluated, rated, and [[Page 13735]] ranked. Applications that do not meet these requirements are considered ineligible for funding and will be disqualified. a. The applicant must meet the eligibility requirements as defined in Section III.A. Eligible Applicants. b. The applicant may request no more than $600,000 for award. c. Only one application can be submitted per campus. If multiple applications are received, all will be disqualified. d. An individual campus that is one of several campuses of the same institution may apply separately as long as the applicant's campus has a separate administrative and budget structure. d. Institutions that received grants in FY 2004 are not eligible to apply under this NOFA. e. Applicants must receive a minimum score of 75 points to be considered for funding. f. An applicant must have a DUNS number to receive HUD grant funds. (The General Section provides information regarding the DUNS requirement). h. Electronic applications must be received by Grants.gov no later than 11:59:59 p.m. Eastern time on June 16, 2005. See the General Section for information on application submission and timely receipt requirements. 4. Program Requirements. In addition to the standard requirements listed in Section III.C. of the General Section, applicants must meet the following program requirements: a. All funds awarded are for a three-year (36 months) grant performance period. b. While communitywide use of a facility (that is purchased, equipped, leased, renovated or built) is permissible under this program, the facility must be predominantly for the use of the institution (i.e., it must be used by the staff, faculty, and/or students at least 51 percent of the time). c. Applicants that claim leveraging from any source (e.g., Tribal, Federal and/or state governments, Tribally Designated Housing Entities, foundations, etc.), including their own institution, must provide letters of firm commitment, memoranda of understanding, or agreements evidencing the extent and firmness of the commitment. These documents must follow the outline provided in Section V. Application Review Information ``Factor 4: Leveraging Resources'' of this NOFA. Please refer to Section IV.F of the General Section for further instruction on how to submit these third party documents via the electronic submission process. d. If a TCU is a part or instrumentality of a federally recognized tribe, the applicant must comply with the Indian Civil Rights Act (25 U.S.C. 1301 et seq.) and all other applicable civil rights statutes and authorities as set forth in 24 CFR 1000.12. If the TCU is not a part or instrumentality of a federally recognized tribe the applicant must comply with the Fair Housing Act (42 U.S.C. 3601-19) and implementing regulations at 24 CFR part 100 et seq., Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4) (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR part 1, and Section 109 of Title One of the Housing and Community Development Act of 1974 (HCDA), as amended, with respect to nondiscrimination on the basis of age, sex, religion, or disability and implementing regulations at 24 CFR part 6. e. Labor Standards. Institutions and their subgrantees, contractors and subcontractors must comply with the labor standards (Davis-Bacon) requirements referenced in 24 CFR 570.603. However, in accordance with HCDA section 107(e)(2), the Secretary waives the provisions of HCDA section 110 with respect to the TCUP program for grants to a TCU that is part of a tribe, i.e., a TCU that is legally a department or other part of a tribal government, but not a TCU that is established under tribal law as an entity separate from the tribal government. If a TCU is not part of a tribe, the labor standards of HCDA section 110, as referenced in 24 CFR 570.603, apply to activities under the grant to the TCU. f. Environmental Requirements. Selection for award does not constitute approval of any proposed sites. Following selection for award, HUD will perform an environmental review of activities proposed for assistance in accordance with 24 CFR part 50. The results of the environmental review may require that proposed activities be modified or proposed sites be rejected. Applicants are particularly cautioned not to undertake or commit funds for acquisition or development of proposed properties prior to HUD approval of specific properties or areas. An application constitutes an assurance that the institution will assist HUD to comply with part 50; will supply HUD with all available and relevant information to perform an environmental review for each proposed property; will carry out mitigating measures required by HUD or select alternate property; and will not acquire, rehabilitate, convert, demolish, lease, repair, or construct property and not commit or expend HUD or local funds for these program activities with respect to any eligible property until HUD's written approval of the property is received. In supplying HUD with environmental information, applicants should use the same guidance as provided in the HUD Notice CPD-99-01 entitled ``Field Environmental Review Processing for HUD Colonia Initiative (HCI) Grants'' issued January 27, 1999. Further information and assistance on HUD's environmental requirements is available at: http://www.hud.gov/offices/cpd/ energyenviron/environment/index.cfm. g. Site Control. Where grant funds will be used for acquisition, rehabilitation, or new construction an applicant must demonstrate site control. Funds may be recaptured or deobligated from applicants that cannot demonstrate control of a suitable site within one year after the initial notification of award. h. Economic Opportunities for Low- and Very-Low Income Persons (Section 3). The provisions of Section 3 of the Housing and Urban Development Act of 196 (12 U.S.C. 1701u) apply to this NOFA. Regulations are located at 24 CFR part 135. IV. Application and Submission Information A. Address To Request Application Package Applicants may download the instructions to the application found on the Grants.gov Web site at http://www.Grants.gov./Apply. The instructions contain the General Section and Program Section of the published NOFA as well as forms that you must complete and attach as a zip file to your application submission. If you have difficulty accessing the information, you may call the Grants.gov Support desk toll free, 800-518-GRANTS or email your questions to Grants.gov">Support@Grants.gov. The Support Desk staff will assist you in accessing the information. Please remember that you must be registered to submit an application utilizing Grants.gov. Your registration allows you to electronically sign the application and enables Grants.gov to authenticate that the person signing the application has the legal authority to submit the application on behalf of the applicant. Please see the General Section for information regarding the registration process or ask for registration information from the Grants.gov Support Desk. Please be aware that the registration process is a separate process from requesting email notification of funding opportunities or downloading the application and should be done as soon as you download the application [[Page 13736]] from the Grants.gov Web site. If you are not sure if you are already registered, the Grants.gov Support Desk can assist in verifying whether you are registered. B. Content and Form of Application Submission 1. Forms. The following forms are required for submission. Copies of these forms are included in Appendix A of the General Section. The electronic version of the NOFA contains all forms required for submission. a. Application for Federal Assistance (SF-424); b. Survey on Ensuring Equal Opportunity for Applicants (SF-424 Supplement); c. Grant Application Detailed Budget (HUD-424-CB); d. Disclosure of Lobbying Activities (SF-LLL); e. America's Affordable Communities Initiative (HUD-27300), if applicable; f. Applicant/Recipient Disclosure/Update Report (HUD-2880); g. Program Logic Model (HUD-96010); h. Acknowledgement of Applicant Receipt (HUD-2993). Only applicants that do not submit an electronic application need to include this form with their application. Please complete this form if you have received a waiver to the electronic application submission requirement. Applicants are not required to include this form, but it is recommended that they do so; i. Client Comments and Suggestions (HUD-2994). This form is included to solicit information from the most valuable source, the applicant. The changes that we have instituted this year are designed to make things easier for the applicant. If applicants complete and submit this form, it will help us to assess whether the changes have had the intended results. It will also guide us in our continuing efforts to improve the competitive grant process. Applicants are not required to complete this form; and j. Facsimile Transmittal Cover Page (HUD 96011). This form must be used as part of the electronic application to transmit third party documents and other information as described in the General Section as part of your electronic application submittal (if applicable). Applicants are advised to download the application package, complete the SF-424 first and it will pre-populate the Transmittal Cover page. The Transmittal Cover page will contain a unique identifier embedded in the page that will help HUD associate your faxed materials to your application. Please download the cover page and then make multiple copies to provide to any of the entities responsible for submitting faxed materials to HUD on your behalf. 2. Certifications and Assurances. Please read the General Section for detailed information on all the Certifications and Assurances. All applications submitted through Grants.gov constitute an acknowledgement and agreement to all required certifications and assurances. Please include in your application each item listed below. Applicants submitting paper copy applications should submit the application in the following order: a. SF-424, Application for Federal Assistance. Please remember the following: (1) The full grant amount (entire three-years) should be entered, not the amount for just one year; (2) Include the name, title, address, telephone number, facsimile number, and email address of the designated contact. This is the person who will receive the reviewer comments; therefore, please ensure the accuracy of the information; (3) The Employer Identification/Tax ID number; (4) The DUNS Number; (5) The Catalog of Federal Domestic Assistance Number for this program is 14.519; (6) The project's proposed start and completion dates. For the purpose of this application the program start date should be November 1, 2005; and (7) The signature of the Authorized Organization Representative (AOR) who has been authenticated by the credential provider to submit applications via Grants.gov. The AOR must be able to make a binding legal agreement with HUD. See the General Section for instructions and requirements for Registration with Grants.gov. b. Application Checklist. Applicants should use the checklist to ensure that they have all the required elements of their application submission requirements. Applicants receiving a waiver of the electronic application submission requirement must include a copy of the checklist in their application submission. Applicants submitting an electronic application do not have to submit the checklist in their application. The checklist is found in the NOFA (See Attachment A). c. Abstract. Applicants must include the following: (1) A clear description of the proposed project activities, the target population that will be assisted, and the impact this project will have on the institution; (2) A statement that the institution is an eligible institution because it is a two-or four-year fully accredited institution, the name of the accrediting agency and an assurance that the accrediting agency is recognized by the U.S. Department of Education; or the applicant is a candidate for accreditation by a regional instructional accrediting association recognized by the U.S. Department of Education, including the name of the accrediting agency; (3) The designated contact person, including phone number, facsimile number, and email address (This is the person who will receive the reviewers' comments; therefore, please ensure the accuracy of the information); (4) University's name, mailing address, telephone number, facsimile number and email address; and (5) The project director, if different from the designated contact person for the project, including phone number, facsimile number, and email address. d. Narrative statement addressing the Rating Factors. HUD will use the narrative response to the ``Rating Factors'' to evaluate, rate, and rank applications. The narrative statement is the main source of information. Applicants are advised to review each factor carefully for program specific requirements. The response to each factor should be concise and contain only information relevant to the factor, but detailed enough to address the factor fully. Please do not repeat material in response to the five factors; instead focus on how well the proposal responds to each of the factors. In factors where there are subfactors, each subfactor must be presented separately, with the short title of the subfactor presented. Make sure to address each subfactor and provide sufficient information about every element of the subfactor. The narrative section of an application must not exceed 75 pages, doubled spaced (excluding forms, budget narrative, assurances, commitment letters, memoranda of understanding, agreements, and abstract). Each page of the narrative must be numbered and include the applicant's name. Please note that although submitting pages in excess of the page limit will not disqualify an applicant, HUD will not consider the information on any excess pages. This exclusion may result in a lower score or failure to meet a threshold requirement. e. Budget. The budget submission must include the following: (1) HUD-424-CB, ``Grant Application Detailed Budget.'' This budget form shows the total budget by year and by line item for the program activities to be [[Page 13737]] carried out with the proposed HUD grant. Each year of the program should be presented separately. Applicants must also submit this form to reflect the total cost for the entire grant performance period (Grand Total). Make sure that the amount shown on the SF-424, HUD-424-CB, and all other required program forms is consistent and the totals are correct. Remember to check the addition in totaling the categories on the HUD- 424-CB form so that all items are included in the total. All budget forms must be fully completed. If an application is selected for award, the applicant may be required to provide greater specificity to the budget during grant agreement negotiations. (2) Budget Narrative. Applicants must submit a narrative that explains how the applicant arrived at the cost estimates for any line item over $5,000 cumulative. For example, an applicant proposes to construct an addition to an existing building, which will cost approximately $200,000. The following cost estimate reflects this total: Foundation cost $75,000, electrical work $40,000, plumbing work $40,000, interior finishing work $35,000 and landscaping $10,000. The proposed cost estimates should be reasonable for the work to be performed and consistent with rates established for the level of expertise required to perform the work proposed in the geographical area. When necessary, quotes from various vendors or historical data should be used and included. All direct labor or salaries must be supported with mandated city/state pay scales, Davis-Bacon wage rates, tribally designated wage rate (if applicable) or other documentation (See the General Section of how to submit this information electronically). When an applicant proposes to use a consultant, the applicant must indicate whether there is a formal written agreement. For each consultant, please provide the name, if known, hourly or daily fee, and the estimated time on the project. Applicants must submit a cost estimate based on historical data from the institution and/or from a qualified firm (e.g., Architectural or Engineering firm), vendor and/ or qualified individual (e.g., independent architect) other than the institution for projects that involve rehabilitation of residential, commercial and/or industrial structures, and/or acquisition, construction, or installation of public facilities and improvements. Such an entity must be involved in the business of rehabilitation, construction, and/or management. Equipment and contracts cannot be presented as a total estimated figure. For equipment, applicants must provide a list by type and cost for each item. Applicants using contracts must provide an individual description and cost estimate for each contract. (3) Indirect costs. Indirect costs, if applicable, are allowable based on an established approved indirect cost rate. Applicants should include a copy of their indirect cost rate agreement with their application. Please refer to Section IV.F of the General Section for instructions on how these documents are to be submitted to HUD using the electronic submission process. Applicants who are selected for funding that do not have an approved indirect cost rate agreement (established by the cognizant Federal agency, Certified Public Account, or auditor) will be required to establish a rate. In such cases, HUD will issue an award with a provisional rate and assist applicants with the process of establishing a final rate. f. Appendix. Applicants receiving a waiver of the electronic submission requirements and submitting a paper copy of the application must place all letters of commitment, memoranda of understanding and agreements for funds/resources in response to Factor 4 and other required forms in this section. For applicants submitting electronic applications, please refer to Section IV.F of the General Section for instructions on how third party documents are to be submitted to HUD using the electronic submission process. An applicant SHOULD NOT submit general support letters, resumes, or other back-up materials. If this information is included, it will not be considered during the review process. The additional items will also slow the transmission of your application. C. Submission Dates and Times A complete application package must be received electronically by the Grants.gov portal no later than 11:59:59 p.m. Eastern time on or before June 16, 2005. Applications may be submitted in advance of the submission date. Electronic faxes using the Facsimile Transmittal (Form HUD 96011) cover sheet contained in the electronic application may be submitted prior to the application submission date and must be received no later than 11:59:59 p.m. Eastern time on the application submission date. Please see Section IV.F of the General Section for electronic application submission instructions and timely receipt requirements. D. Intergovernmental Review This program is excluded for an Intergovernmental Review. E. Funding Restrictions Ineligible activities for funding under this program include, but are not limited to the following: 1. Renovation of a facility in which the facility is not used at least 51 percent of the time by the institution; 2. Rental space to another entity that operates a small business assistance center; 3. Building of a new facility, where the activities are for non- students or the activities are primarily run by an outside entity; 4. Using more than 20 percent of the grant for payments of grant administrative costs related to planning and execution of the project (e.g., preparation/submission of HUD reports); 5. Public services, or program delivery type activities; and 6. Curriculum development and or expansion on an institution's existing curriculum. F. Other Submission Requirements 1. Application Submission and Receipt Procedure. Please read the General Section carefully and completely for the electronic submission and receipt procedures for all applications because failure to comply may disqualify your application. 2. Waiver of Electronic Submission Requirements. Please refer to Section IV.F. of the General Section for further discussion. V. Application Review Information A. Criteria 1. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (25 Points). This factor addresses the extent to which the applicant has the organizational resources necessary to successfully implement the proposed activities in a timely manner. In rating this factor, HUD will consider the extent to which the applicant demonstrates: a. Knowledge and Experience. For First Time Applicants (25 Points) For Previously Funded Applicants (15 Points). The knowledge and experience possessed by the proposed project director and staff, including the day-to-day program manager, consultants (including technical assistance providers), and contractors in planning and managing the kind of projects for which funding is being requested. Applicants must clearly identify the following: key project team members, titles (e.g., project manager/coordinator, etc.), respective roles for the project staff, and a brief description of their [[Page 13738]] relevant experience. Experience will be judged in terms of recent and relevant knowledge and skills of the staff to undertake eligible program activities. HUD will consider experience within the last five (5) years to be recent and experience pertaining to similar activities to be relevant. b. Past Performance (10 Points) For Previously Funded Grant Applicants Only. This subfactor will evaluate the extent to which an applicant has performed successfully under all previously completed and open HUD/TCUP grants. Applicants must demonstrate this by providing the following information: (1) A detailed list outlining the achievement of specific tasks, measurable objectives, and specific outcomes consistent with the approved timeline/work plan in previous grants; (2) Comparison of the proposed leveraged funds and/or resources in previous grants with what was actually leveraged; (3) A list of all HUD/TCUP grants received, including the dollar amount awarded and the amount expended as of the date of this application; and (4) A detailed list outlining the timeliness and completeness of complying with all the TCUP reporting requirements. In addressing timeliness compare when reports were due with when they were actually submitted. HUD will also review an applicant's past performance in managing funds, including, but not limited to: The ability to account for funding appropriately; timely use of funds received from HUD; meeting performance targets for completion of activities; and receipt of promised leveraged funds. In evaluating past performance, HUD reserves the right to deduct up to five (5) points from this rating score as a result of the information obtained from HUD's records (i.e., progress and financial reports, monitoring reports, Logic Model submission, and amendments), including timely submission of required progress reports. 2. Rating Factor 2: Need/Extent of the Problem (10 Points). This factor addresses the extent to which there is a need for funding the proposed project activities and an indication of the importance of meeting the need(s). The need(s) described must be relevant to activities for which funds are being requested. The proposal will be evaluated on the extent to which the level of need for the proposed project activities and the importance of meeting the need(s) are documented. Applicants must use statistics and analyses contained in at least one or more current data sources that are sound and reliable. The data provided must be current and specific to the area where the proposed project activities will be carried out. Reliable sources of data may include information that describes the need, such as a need to have a building renovated because it is 50 years old and is deteriorating; a new computer lab has been built, but the computers are obsolete; a library has been expanded, but the books are outdated, etc. When presenting data, include the source and date of the information. 3. Rating Factor 3: Soundness of Approach (45 Points). This factor addresses the quality and effectiveness of the proposed work plan. There must be a clear relationship between the proposed activities and the need(s) identified in Factor 2 for an applicant to receive points for this factor. This factor will be evaluated based on the extent to which the proposed work plan demonstrates the following: a. (40 Points) Quality of Work Plan. This subfactor will be evaluated on the extent to which an applicant provides a clear detailed description of the proposed project and anticipated accomplishments. Specifically, HUD will examine the proposed activities and determine to what extent the project activities are measurable (e.g., the number of classrooms added, the increase in enrollment), result in improvement to the institution as a result of the project activities (e.g., fifty more students will be receiving computer literacy training, etc.), and how well the applicant demonstrates that these objectives will be achieved by the proposed management plan and team. (1) (35 Points) Specific Services and/or Activities. The work plan must: (a) Provide a clear description of all the proposed activities; (b) Outline major tasks in sequential order (e.g., complete environmental review requirement, develop plans and specifications, advertise bids, etc.) necessary to successfully implement the proposed project, and target completion dates for the tasks; (c) Identify the individuals, as described in Factor 1, who will be responsible for completing the identified tasks; and (d) Describe the measurable objectives that will be realized as a result of implementing the proposed project. (2) (5 Points) Describe clearly how each proposed project activity will: (a) Address the needs identified in Factor 2; (b) Relate to and not duplicate other activities in the target area; and (c) Meet one of the following Community Development Block Grant (CDBG) Program national objectives: (1) Benefit low- and moderate-income persons; (2) Aid in the prevention or elimination of slums or blight; or (3) Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community, and other financial resources are not available to meet such needs. Criteria for determining whether an activity addresses one or more objectives are provided at 24 CFR 570.208. b. (2 Points) Involvement of the Faculty and Students. The applicant must describe the extent to which it proposes to integrate the institution's students and faculty into proposed project activities. c. (3 Points) HUD Policy Priorities. HUD encourages applicants to undertake specific activities that will assist the Department in implementing its policy priorities and help the Department achieve its goals and objectives in FY 2006, when the majority of grant recipients will be reporting programmatic results and achievement. In addressing this factor, HUD will evaluate the extent to which a program will further and support HUD priorities. The quality of the responses provided to one or more of HUD's priorities will determine the score an applicant can receive. Applicants must describe how each policy priority will be addressed. Applicants that just list a priority will receive no points. Each policy priority addressed has a point value of one point, with the exception of the policy priority related to remove regulatory barriers to affordable housing, which has a value of up to 2 points. The total number of points available to applicants that address policy priorities is 3. It is up to the applicant to determine which of the policy priorities they elect to address to receive the available 3 points. To receive points for efforts to remove regulatory barriers to affordable housing, an applicant must submit the completed questionnaire (HUD- 27300) ``HUD's Initiative on Removal of Regulatory Barriers'' found in the General Section along with required documentation. The form is part of the electronic application and is constructed to permit the required documentation to be attached to the electronic form. For the full list and explanation of each policy priority, please refer to the General Section. [[Page 13739]] 4. Rating Factor 4: Leveraging Resources (8 Points). This factor addresses the ability of the applicant to secure resources that can be combined with HUD's grant funds to achieve the program's purpose. In evaluating this factor, HUD will consider the extent to which the applicant established partnerships with other entities to secure additional resources to increase the effectiveness of the proposed program activities. Resources may include funding or in-kind contributions, such as services or equipment, allocated for the purpose(s) of the grant. Resources may be provided by governmental entities (e.g., Tribal, Federal, and/or state governments), public or private nonprofit organizations, for-profit private organizations, or other entities. Overhead and other institutional costs (e.g., salaries, indirect costs) that the institution has waived may be counted. Examples of potential sources for outside assistance include: [sbull] Tribal, Federal, state, and local governments. [sbull] Tribally Designated Housing Entities. [sbull] Local or national nonprofit organizations. [sbull] Banks and/or private businesses. [sbull] Foundations. [sbull] Faith-based and other community-based organizations. For each cash or in-kind contribution, a letter of commitment, memorandum of understanding, or agreement must be provided that shows the extent and firmness of the commitments of leveraged funds (including any commitment of resources from the applicant's own institution) in order for these resources to count in determining points under this factor. Resources will not be counted for which there is no commitment letter, memorandum of understanding or agreement or quantified level of commitment. Letters, memoranda of understanding, or agreements must be submitted from the provider on the provider's letterhead and included in the application package. (Applicants submitting paper copy applications must place all letters, memoranda of understanding, or agreements in the Appendix. Applicants submitting these items electronically must follow the submission directions in Section IV.F of the General Section.) The date of the letter, memorandum of understanding, or agreement from the CEO of the provider's organization must be dated no earlier than nine months prior to the date of this published NOFA. Letters, memoranda of understanding or agreements must be submitted on the provider's letterhead in accordance with the instructions in the General Section. Applicants that do not include evidence of leveraging or address all the items listed below will receive zero (0) points for this Factor. a. A firm commitment letter, memorandum of understanding or agreement must address the following: (1) The cash amount contributed or dollar value of the in-kind goods and/or services committed (If a dollar amount and use is not shown, the source will not be counted); (2) A specific description of how each contribution is to be used toward the proposed activities; (3) The date the contribution will be made available and a statement that describes the duration of the contribution; (4) Any terms or conditions affecting the commitment, other than receipt of a HUD grant; and (5) The signature of the appropriate executive officer authorized to commit the funds and/or goods and/or services. Please remember that only items eligible for funding under this program can be counted. 5. Rating Factor 5: Achieving Results and Program Evaluation (12 Points). This factor reflects HUD's goal to embrace high standards of management and accountability. The factor measures the applicant's commitment to assess their performance to achieve the project's proposed objectives and goals. Applicants are required to develop an effective, quantifiable, outcome-oriented evaluation plan for measuring performance and determining that objectives and goals have been achieved. The Logic Model is a summary of the narrative statements presented in Factors 1-4. Therefore, the information submitted on the logic model should be consistent with the information contained in the narrative statements. ``Outcomes'' are benefits accruing to institutions of higher education during or after participation in the TCUP program. Applicants must clearly identify the outcomes to be measured and achieved. Examples of outcomes include an increased number of campus facilities (e.g., newly built or renovated), an increased number of classroom spaces available, or an increased student enrollment and graduation rate. In addition, applicants must establish interim benchmarks and outputs that lead to the ultimate achievement of outcomes. ``Outputs'' are the direct products of the project's activities. Examples of outputs are the number of new facilities renovated, or the number of new dormitories built. Outputs should produce outcomes for the project. At a minimum, an applicant must address the following activities in the evaluation plan: a. Short-and-long term outputs to be achieved; b. Measurable outcomes the grant will have on the university or the target population; This information must be placed on a HUD-96010, Program Outcome Logic Model form. Applicants may submit as many copies of this form as required. It will not be included in the page count. A narrative is not required. However, if a narrative is provided, those pages will be included in the page count. Additional information on this form and how to use can be found in the General Section. B. Review and Selection Process 1. Application Selection Process. Two types of reviews will be conducted: a. A threshold review to determine an applicant's basic eligibility; and b. A technical review for all applications that pass the threshold review to rate and rank the application based on the ``Rating Factors'' listed in Section V.A. above. Only those applications that pass the threshold review will receive a technical review and be rated and ranked. 2. Rating Panels. To review and rate applications, HUD may establish panels that may include experts or consultants not currently employed by HUD. These individuals may be included to obtain certain expertise. 3. Ranking. HUD will fund applications in rank order, until all available program funds are awarded. In order to be funded, an applicant must receive a minimum score of 75 points out of a possible 100 points. The RC/EZ/EC-II bonus points described in the General Section do not apply to this NOFA. If two or more applications have the same number of points, the application with the most points for Factor 3, Soundness of Approach, shall be selected. If there is still a tie, the application with the most points for Factor 1, Capacity of the Applicant and Relevant Organizational Experience, shall be selected. If there is still a tie, the application with the most points for Factor 2, 4, and 5 shall be selected in that order until the tie is broken. HUD reserves the right to select out of rank order to provide for geographic distribution of grantees. HUD also reserves the right to reduce the amount of funding requested in order to fund as many highly ranked applications as possible. Additionally, if funds remain after funding the highest ranked applications, HUD may fund part of the [[Page 13740]] next highest-ranking application. If an applicant turns down the award offer, HUD will make the same determination for the next highest- ranking application. If funds remain after all selections have been made, the remaining funds will be carried over to the next funding cycle's competition. 4. Corrections to Deficient Applications. The General Section provides the procedures for corrections to deficient applications. C. Anticipated Announcement and Award Dates Announcements of awards are anticipated on or before September 30, 2005. VI. Award Administration Information A. Award Notice After all selections have been made, HUD will notify all winning applicants in writing. HUD may require winning applicants to participate in additional negotiations before receiving an official award. For further information about award administration, please refer to the General Section. B. Administrative and National Policy Requirements For additional information regarding these requirements, please refer to Section VI.B. in the General Section. 1. Debriefing. The General Section provides the procedures for requesting a debriefing. All requests for debriefings must be made in writing and submitted to: Sherone Ivey; Office of University Partnerships; Robert C. Weaver Federal Building; 451 Seventh Street, SW., Room 8106; Washington, DC 20410-6000. Applicants may also write to Ms. Ivey via email at [email protected]. 2. Administrative. Grants awarded under this NOFA will be governed by the provisions of 24 CFR part 84 (Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations), A-21 (Cost Principles for Educational Institutions) and A-133 (Audits of States, Local Governments, and Non-Profit Organizations). Applicants can access the OMB circulars at the White House Web site at http://www.whitehouse.gov/omb/circulars/index.html. 3. OMB Circulars and Government Wide Regulations Applicable to Financial Assistance Programs. The General Section provides discussion of OMB circulars and governmentwide regulations. 4. Code of Conduct. See the General Section for further discussion. 5. Procurement of Recovered Materials. See Section III.C. of the General Section for further discussion. 6. Executive Order 13202, Preservation of Open Competition and Government Neutrality Toward Government Contractors' Labor Relations of Federal and Federally Funded Construction Projects. See the General Section for further discussion if applicable. 7. Executive Order 13166, Improving Access to Services For Persons With Limited English Proficiency (LEP). See the General Section for further discussion. C. Reporting All grant recipients under this NOFA are required to submit quarterly progress reports. The progress reports shall consist of two components, a narrative that must reflect the activities undertaken during the reporting period and a financial report that reflects costs incurred by budget line item, as well as a cumulative summary report during the reporting period. For each reporting period, as part of the required report to HUD, grant recipients must include a completed Logic Model (HUD-96010), which identifies output and outcome achievements. VII. Agency Contacts Applicants may contact Sherone Ivey at (202) 708-3061, extension 4200, or Susan Brunson at (202) 708-3061, extension 3852. Persons with speech or hearing impairments may call the Federal Information Relay Service TTY at (800) 877-8339. Except for the ``800'' number, these numbers are not toll-free. Applicants may also reach Ms. Ivey via email at [email protected], and Ms. Brunson at Susan--S.-- [email protected]. VIII. Other Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2528-0215. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 68 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, quarterly and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. BILLING CODE 4210-32-P [[Page 13741]] [GRAPHIC] [TIFF OMITTED] TN21MR05.086 [[Page 13742]] [GRAPHIC] [TIFF OMITTED] TN21MR05.087 [[Page 13743]] [GRAPHIC] [TIFF OMITTED] TN21MR05.088 [[Page 13744]] The Community Outreach Partnership Centers (COPC) Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Policy Development and Research, Office of University Partnerships. B. Funding Opportunity Title: Community Outreach Partnership Centers (COPC) Program. C. Announcement Type: Initial announcement. D. Funding Opportunity Numbers: The Federal Register Number for this Notice of Funding Availability (NOFA) is FR-4950-N-10. The OMB Approval Number for this program is 2528-0180. E. Catalog of Federal Domestic Assistance (CFDA) Number: The CFDA Number for this program is 14.511. F. Dates: The application submission date is June 23, 2005. Please be sure to read the General Section for electronic application submission and receipt requirements. G. Additional Overview Content Information: 1. Purpose of the Program. The Community Outreach Partnership Centers (COPC) Program provides funds to two-year and four-year colleges and universities to establish and operate COPCs to address the problems of urban areas. 2. Award Information. In Fiscal Year (FY) 2005, approximately $6.64 million has been appropriated by the Consolidated Appropriations Act, 2005 (Pub. L. 108-447). HUD will award two kinds of grants under this program, First Time Grants and New Directions Grants. a. First Time Grants will be awarded to applicants who have never received a COPC grant to undertake eligible work. The maximum amount an applicant can request for award is $400,000 for a maximum three-year (36 months) grant performance period. b. New Directions Grants will be awarded to applicants who have previously received a COPC grant to undertake new directions in their activities. Applicants are only eligible to receive one New Directions Grant. The maximum amount an applicant can request for award is $200,000 for a maximum two-year (24 months) grant performance period. HUD will use up to $5.2 million to fund approximately (13) First Time Grants and up to $1.4 million to fund approximately seven (7) New Directions Grants. 3. Eligible Applicants: Public or private nonprofit institutions granting two- or four-year degrees that are accredited by a national or regional accrediting agency recognized by the U.S. Department of Education are eligible to apply. A consortium of eligible institutions may also apply for funding under this program, as long as one institution is designated the lead applicant. (Note: Institutions that participated in a COPC grant as a member of a consortium are eligible to apply for a New Grant if they received 25 percent or less of the funding from the earlier grant). HUD intends to fund at least two eligible COPC New First Time Grant applications (applications that receive a minimum score of 75 points) that serve Colonias (as defined in the General Section). While it is not necessary for the institution to be located in a Colonias, all program activities must be directed to the Colonias and its residents. If less than two fundable applications are eligible for award, these funds will be used to award additional COPC grants. Full Text of Announcement I. Funding Opportunity Description The purpose of the Community Outreach Partnership Centers (COPC) program is to assist in establishing or carrying out outreach and applied research activities that address problems of urban areas. The program also seeks to encourage structural change, both within an institution and in the way the institution relates to its neighbors. A. Funding under this program shall be used to establish and operate local Community Outreach Partnership Centers (COPCs). The five key concepts that a COPC Program should include are: 1. Outreach activities and technical assistance to address multidimensional urban problems; 2. Empowerment efforts that engage community-based organizations and residents as partners with the institution throughout the life of the project and beyond; 3. Applied research related to the project's outreach activities (Note: Applicants are not required to undertake any research as part of their project and may apply for a project that is totally outreach focused); 4. Assistance to target communities primarily from the faculty, students, and to a limited extent by neighborhood residents and community-based organizations funded by the university; and 5. Support from the university's senior officials to make the program part of the institution's broader effort to meet its urban mission. B. Authority The COPC program is authorized under the Community Outreach Partnership Act of 1992 (42 U.S.C. 5307 note; the ``COPC Act''). The COPC Act is contained in section 851 of the Housing and Community Development Act of 1992 (Pub. L. 102-550, approved October 28, 1992) (HCD Act of 1992). Section 801(c) of the HCD Act of 1992 authorized $7.5 million for each year of the 5-year demonstration to create Community Outreach Partnership Centers as authorized in the COPC Act. The Consolidated Appropriations Act, 2005 (Pub. L. 108-447) continues this program beyond the initial five-year demonstration by providing funding for Community Outreach Partnership Centers for FY 2005. This program is being implemented through this NOFA and the policies governing its operation are contained herein. C. Modifications Listed below are major modifications from the FY 2004 program- funding announcement: 1. Applicants are required to submit their application electronically via the following Web site: http://www.grants.gov/Apply. Read the General Section for further discussion. 2. Applicants that apply as a Consortium must include a memorandum of understanding or agreement signed by each of the Chief Executive Officers of the institutions involved. The document must describe all the members of the Consortium, outline each institution's roles and responsibilities, and how much funding each institution will receive from the grant. (Applicants must place the memorandum of understanding or agreement in the Appendix.) 3. Letters, memoranda of understanding, or agreements in response to Factor 4 now can be dated no earlier than nine months prior to the date of this published NOFA and received no later than the application submission date. II. Award Information In Fiscal Year (FY) 2005, approximately $6.64 million is being made available under this program. HUD will award two kinds of grants under this program, First Time Grants and New Directions Grants. A. First Time Grants will be awarded to applicants who have never received a COPC grant to undertake eligible work. The maximum amount an applicant can request for award is $400,000 for a maximum three-year (36 months) grant performance period. B. New Directions Grants will be awarded to applicants who have previously received a COPC grant to undertake new directions in their [[Page 13745]] activities. The maximum amount an applicant can request for award is $200,000 for a maximum two-year (24 months) grant performance period. HUD will use up to $5.2 million to fund approximately (13) First Time Grants and up to $1.4 million to fund approximately seven (7) New Directions Grants. III. Eligibility Information A. Eligible Applicants Public or private nonprofit institutions granting two- or four-year degrees that are accredited by a national or regional accrediting agency recognized by the U.S. Department of Education are eligible to apply for funding under this program. A Consortium of eligible institution may also apply, as long as one institution is designated the lead applicant. Applicants that apply as a Consortium must include a memorandum of understanding or agreement signed by each of the Chief Executive Officers of the institution involved. The document must describe all the members of the Consortium, outline each institution's roles and responsibilities, and how much funding each institution will receive from the grant. (Applicants must place the memorandum of understanding or agreement in the Appendix if submitting a paper copy application or following the submission instructions in the General Section for electronic copy submission. Note: Institutions that participated in a COPC grant as a member of a Consortium are eligible to apply for a First Time Grant if they received 25 percent or less of the earlier grant funds.) HUD intends to fund at least two eligible COPC First Time Grant applications (applications that receive a minimum score of 75 points) that serve Colonias (as defined in the General Section). While it is not necessary for the institution to be located in a Colonias, all program activities must be directed to the Colonias and its residents. If less than two fundable applications are eligible for award these funds will be used to award additional COPC grants. B. Cost Sharing or Matching Applicants are required to meet the following match requirements: 1. First Time Grant Applicants Match Requirements. a. Research Activities. 50 percent of the total project costs of establishing and operating research activities. b. Outreach Activities. 25 percent of the total project costs of establishing and operating outreach activities. 2. New Directions Grant Applicants Match Requirements. a. Research Activities. 60 percent of the total project costs of establishing and operating research activities. b. Outreach Activities. 35 percent of the total project costs of establishing and operating outreach activities. For each match, cash or in-kind contribution to the program, applicants must submit a signed letter of commitment (See Section V, Application Review Information, Factor 4: Leveraging Resources). Applicants may not count as match any costs that would be ineligible for funding under the program (e.g., housing rehabilitation). In previous competitions, some applicants incorrectly based their match calculations on the Federal grant amount only. An applicant's match is evaluated as a percentage of the total cost of establishing and operating research and outreach activities, not just the Federal grant amount. Assume that the total project cost for a First Time COPC Grant was $710, 000, with $110,000 for research and $600,000 for outreach. Note that this project meets the requirement that no more than one-quarter of the total project costs be allocated for research as defined in Section III, Eligibility Information, Other. The total amount of the required match would be $205,000. The research match would be $55,000 ($110,000 x 50 percent) and the outreach match would be $150,000 ($600,000 x 25 percent). The Federal grant requested would be $400,000 ($710,000 minus the match of $310,000). In calculating the match, administrative costs should be applied to the appropriate attributable outreach or research component. C. Other 1. Eligible Activities. COPC Programs may combine outreach activities with research (if applicable) and work with communities and local governments to address the multidimensional problems that beset urban areas. Examples of urban problems include, but are not limited to homeownership, economic development, neighborhood revitalization, health care, job training, education, crime prevention, planning, the environment, and capacity building. a. Outreach activities, technical assistance, and information exchange activities must be designed to address specific urban problems in designated communities and neighborhoods served by the grant. b. Research activities (if applicable, research activities are not required) must have a clear near-term potential and practical application for solving specific, significant urban problems in designated communities and neighborhoods, including evaluation of the effectiveness of the outreach activities and how they relate to HUD programs. Applicants must have the capacity to apply the research results directly to the proposed outreach activities outlined in the application's work plan. In addition, applicants must work with communities and local institutions, including neighborhood groups, local governments, and other appropriate community stakeholders, in applying these results to real-life urban problems. (1) Examples of outreach activities include, but are not limited to: (a) Assistance to communities to improve consolidated housing and community development plans and to eliminate impediments to the design and implementation of such plans; (b) Innovative use of funds to provide direct technical expertise and assistance to local community groups, residents, and other appropriate community stakeholders to resolve local problems such as homelessness, housing discrimination, and impediments to fair housing choice; (c) Technical assistance in business start-up activities for low- and moderate-income individuals and organizations, including business start-up training and technical expertise and assistance, mentor programs, assistance in developing small loan funds, business incubators, etc; (d) Technical assistance to local public housing agencies on welfare-to-work initiatives and physical transformations of public or assisted housing, including development of accessible and visitable housing; (e) Job training and other training projects, such as workshops, seminars, and one-on-one and on-the-job training; and (f) Assistance to communities in eliminating or reducing excessive, unnecessary or duplicative regulations, processes or policies that restrict the development or rehabilitation of affordable housing (For further discussion of Regulatory Barriers see the General Section.) c. Funds for faculty development, including paying for course time or summer support, to enable faculty members to work with the COPC. d. Funds for stipends or salaries for students (but the program cannot cover tuition and fees) while students are working with the COPC. e. Up to 20 percent of the grant may be used for payments of reasonable grant administrative costs related to planning and execution of the project (e.g., preparation/submission of HUD [[Page 13746]] reports). Detailed explanations of these costs are provided in the Office of Management and Budget (OMB) circulars that can be accessed at the White House Web site at: http://www.whitehouse.gov/omb/circulars/ index.html. f. Activities to carry out the ``Program Requirements'' as defined in this NOFA. These activities may include leases for office space in which to house the Community Outreach Partnership Center, under the following conditions: (1) The lease must be for existing facilities not requiring rehabilitation or construction; (2) No repairs or renovations of the property may be undertaken with Federal funds; and (3) Properties in the Coastal Barrier Resource System designated under the Coastal Barrier Resources Act (16 U.S.C. 3501) cannot be leased with Federal funds. g. Components of the program may address metropolitan or regional strategies. Applicants must clearly demonstrate how: (1) Strategies are directly related to what the targeted neighborhoods and neighborhood-based organizations have decided is needed; and (2) Neighborhoods and neighborhood organizations are involved in both the development and implementation of the metropolitan or regional strategies. 2. Audit Requirements. Applicants must ensure that their most current A-133 audit is on file at the Federal Audit Clearinghouse. (Applicants are not required to submit a copy of the audit with the application.) Grantees that expend $500,000 or more in federal financial assistance in a single year (this can be program year or fiscal year) must be audited in accordance with the OMB requirements as established in 24 CFR part 84. Additional information regarding this requirement can be accessed at the following Web site: http:// harvester.census.gov/sac. 3. Threshold Requirements Applicable to All Applicants. All applicants must comply with the threshold requirements as defined in the General Section and the requirements listed below to be evaluated, rated, and ranked. Applications that do not meet these requirements will be considered ineligible for funding and will be disqualified. There will be two separate competitions, one for First Time Grant applicants and one for New Directions Grant applicants. a. The applicant must meet the eligibility requirements as defined in Section III.A, Eligible Applicants. b. The maximum amount an applicant applying for a First Time Grant can request for award is $400,000. The maximum amount an applicant applying for a New Directions Grant can request for award is $200,000. c. Applicants must meet the program's statutory match requirement (the requirement is defined in Section III.B Cost Sharing or Matching). d. First Time Grant applications must be multifaceted. For purposes of this grant, multifaceted means an applicant must address three or more distinct urban problems and propose at least one distinct activity for each of the problems identified. For instance, an applicant might identify inadequate educational systems for grades K-12 as an urban problem and propose a program to train parents to successfully influence change and become involved in the public school system as the distinct activity. The applicant might address a second urban problem relating to unemployment of youth released from the local juvenile justice detention center and propose a counseling and job placement program. The third urban problem the applicant might address is inadequate social service for homeless families. The proposed activity would be to coordinate with or become part of a local Continuum of Care to conduct surveys to develop a strategy and create an implementation plan to more efficiently address the needs identified. Single or dual- purpose applications are not eligible and will be disqualified. For example, an applicant proposes: (1) A program to train residents for employment in the energy assistance industry; (2) a model curriculum for incorporating energy conservation into public school science programs; and (3) a program to assist local nonprofit organizations to conduct home energy assessments. Although all three activities are distinct, they address the same urban issue--energy conservation. e. New Directions Grant applications must address two urban problems and undertake at least one activity for each of these problems. Applicants must also demonstrate that the proposed activities either implement new eligible projects in the current target neighborhood(s) or implement eligible projects in a new target neighborhood(s). Single purpose applications are not eligible and will be disqualified. f. New Directions Grant applicants must have drawn down at least 75 percent of the grant funds from any previous COPC award three weeks prior to the program's application submission date to be eligible to apply for a New Directions Grant. It is the applicant's responsibility to make sure that this requirement is met. g. Applicants who were a member of a consortium and received more than 25 percent of the earlier funding are not eligible to apply for a First Time Grant. However, applicants may submit an application for a New Directions Grant (applicants may submit an application individually or as part of the old consortium). h. Only one First Time Grant or New Directions application will be eligible for funding from an institution. If multiple applications are submitted, all will be disqualified. However, different campuses of the same university system are eligible to apply, even if one campus has already received COPC funding, if they have an administrative and budgeting structure independent of other campuses in the system. i. Applicants may be part of only one consortium or submit only one application, or all applications will be disqualified. HUD will hold the applicant responsible for ensuring that neither the applicant nor any part of their institution, including specific faculty, participates in more than one application. j. Programs must operate in an urban area. The statute creating COPC is very specific that programs address the problems of urban areas. HUD uses the Census definition of an urban area: a single geographic place (e.g., a city, town, or village, but not a county) with a population of 2,500 or more. Applicants cannot meet this test by aggregating several places smaller than the population threshold in order to meet this requirement. (However, because of the size of the grant and the three-year performance period, HUD encourages applicants to target activities in a minimum number of definable neighborhoods or communities.) k. In order to ensure that the primary focus of the proposed project is on outreach, there is a limit on the amount of money that can be budgeted for research costs for this program. No more than 25 percent of the total project costs (Federal share plus matching funds) can be spent on research activities. However, applicants are not required to undertake any research as part of their project and may apply for a project that is totally outreach focused. l. Applicants must receive a minimum score of 75 points to be considered for funding. m. An applicant must have a DUNS number to receive HUD grant funds. (The General Section provides information regarding the DUNS requirement.) n. Electronic applications must be received by Grants.gov no later than 11:59:59 p.m. Eastern time on the June [[Page 13747]] 23, 2005. See the General Section for information on application submission and timely receipt requirements. 4. Program Requirements. In addition to the requirements listed in Section III.C of the General Section, applicants must meet the following program requirements: a. All funds awarded under this program to First Time Grant applicants are awarded for a three-year (36 months) grant performance period. All funds awarded under this NOFA to New Directions grant applicants are awarded for a two-year (24 months) grant performance period; b. Employ the outreach and research resources of the institution to solve specific urban problems identified by communities served by the Center; c. Establish and coordinate outreach activities in areas identified in the application as the communities to be served by the Center; d. Establish a community advisory committee comprised of representatives of local institutions and residents of the communities to be served to assist in identifying local needs and advise on the development and implementation of strategies to address those issues; e. Facilitate public service projects in the communities served by the Center; f. Act as both a national and a regional/local clearinghouse for dissemination of information; g. Develop instructional programs, convene conferences, and provide training for local community leaders, when appropriate; h. Grant funds will pay for activities conducted directly, rather than passing funds to other entities (in order for an application to be competitive no more than 25 percent of the grant funds should be passed through to other entities); and i. Applicants must seek to provide access to program benefits and information to individuals who may be limited English proficient through translation and interpretive services in accordance to HUD's LEP Recipient Guidance published in the Federal Register on December 19, 2003. IV. Application and Submission Information A. Addresses To Request Application Package Applicants may download the instructions to the application found on the Grants.gov Web site at http://www.Grants.gov./Apply. The instructions contain the General Section of the published NOFA as well as forms that you must complete and attach as a zip file to your application submission. If you have difficulty accessing the information you may call the Grants.gov Support desk toll free (800- 518-GRANTS) or emailing your questions to Grants.gov">Support@Grants.gov. The Support Desk staff will assist you in accessing the information. Please remember that you must be registered to submit an application utilizing Grants.gov. Your registration allows you to electronically sign the application and enables Grants.gov to authenticate that the person signing the application has the legal authority to submit the application on behalf of the applicant. Please see the General Section for information regarding the registration process or ask for registration information from the Grants.gov Support Desk. Please be aware that the registration process is a separate process from requesting e-mail notification of funding opportunities or downloading the application and should be done as soon as you download the application from the Grants.gov Web site. If you are not sure if you are already registered, the Grants.gov Support Desk can assist in verifying whether you are registered. B. Content and Form of Application Submission 1. Forms. The following forms are required for submission. Copies of these forms are included in Appendix A of the General Section. The electronic version of the NOFA contains all forms required for submission. a. Application for Federal Assistance (SF-424); b. Survey on Ensuring Equal Opportunity for Applicants (SF-424 Supplement); c. Grant Application Detailed Budget (HUD-424-CB); d. Disclosure of Lobbying Activities (SF-LLL); e. America's Affordable Communities Initiative (HUD-27300), if applicable; f. Applicant/Recipient Disclosure/Update Report (HUD-2880); g. Community Outreach Partnership Center Program Matching Requirements (HUD-30001); h. Community Outreach Partnership Center Program Breakdown of Outreach and Research Activities (HUD-30002); i. Verification of Match (HUD-30011); j. Program Logic Model (HUD-96010); k. Client Comments and Suggestions (HUD-2994). This form is included to solicit information from the most valuable source, the applicant. The changes that we have instituted this year are designed to make things easier for the applicant. If applicants complete and submit this form, it will help us to assess whether the changes have had the intended results. It will also guide us in our continuing efforts to improve the competitive grant process. In providing comments, please be as specific as possible. General statements that the NOFA is better than before but needs improvement do not provide HUD with the type of information that will allow us to improve the process. Applicants are not required to complete this form; l. Certification of Consistency with RC/EZ/EC-II Strategic Plan (HUD-2990), if applicable; m. Certification of Consistency with the Consolidated Plan (HUD- 2991), if applicable; n. Acknowledgement of Applicant Receipt (HUD-2993). Only applicants that do not submit an electronic application need to include this form with their application. Please complete this form if you have received a waiver to the electronic application submission requirement. Applicants are not required to include this form, but it is recommended that they do so; and o. Facsimile Transmittal Cover Page (HUD 96011). This form must be used as part of the electronic application to transmit third party documents and other information as described in the General Section as part of your electronic application submittal (if applicable). Applicants are advised to download the application package, complete the SF 424 first and it will pre-populate the Transmittal Cover page. The Transmittal Cover page will contain a unique identifier embedded in the page that will help HUD associate your faxed materials to your application. Please download the cover page and then make multiple copies to provide to any of the entities responsible for submitting faxed materials to HUD on your behalf. 2. Certifications and Assurances. Please read the General Section for detailed information on all Certifications and Assurances. All applications submitted through Grants.gov constitute an acknowledgement and agreement to all required certifications and assurances. Please include in your application each item listed below. Applicants submitting paper copy applications should submit the application in the following order: a. SF-424, Application for Federal Assistance. Please remember the following: (1) The full grant amount (First Time Grant applicants' entire three-years and New Directions applicants' entire two-years) should be entered, not the amount for just one year; (2) Include the name, title, address, telephone number, facsimile number, and e-mail address of the designated [[Page 13748]] contact. This is the person who will receive the reviewers' comments; therefore, please ensure the accuracy of the information; (3) The Employer Identification/Tax ID; (4) The DUNS Number; (5) The Catalog of Federal Domestic Assistance Number for this program is 14.511; (6) The project's proposed start date and completion date. For the purpose of this application, the program start date should be November 1, 2005; and (7) The signature of an Authorized Organization Representative (AOR) who has been authenticated by the credential provider to submit applications via Grants.gov. The AOR must be able to make a binding legal agreement with HUD. See the General Section for instructions and requirements for Registration with Grants.gov. b. Application Checklist. Applicants should use the checklist to ensure that they have all the elements required in their application submission. Applicants receiving a waiver of the electronic application submission requirements must include a copy of the checklist in their application submission. Applicants submitting an electronic application do not have to submit the checklist in their application. The checklist can be found in the NOFA (See Attachment A). c. Abstract. Applicants must include no more than a two-page summary of the proposed project. Please include the following: (1) A clear description of the proposed project activities, the target population that will be assisted, and the impact this project will have on the institution; (2) A statement that the institution is an eligible institution because it is a two- or four-year fully accredited institution, the name of the accrediting agency and an assurance that the accrediting agency is recognized by the U.S. Department of Education; (3) The designated contact person, including phone number, facsimile number, and e-mail address (This is the person who will receive the reviewers' comments; therefore, please ensure the accuracy of the information); (4) University's name, department, mailing address, telephone number, facsimile number, and e-mail address; and (5) The principal investigator, if different from the designated contact person, for the project, including phone number, facsimile number, and e-mail address. d. Narrative statement addressing the Rating Factors. HUD will use the narrative response to the ``Rating Factors'' to evaluate, rate, and rank applications. The narrative statement is the main source of information. Applicants are advised to review each factor carefully for program specific requirements. The response to each factor should be concise and contain only information relevant to the factor, but detailed enough to address each factor fully. Please do not repeat material in response to the five factors; instead, focus on how well the proposal responds to each of the factors. In factors where there are subfactors, each subfactor must be presented separately, with the short title of the subfactor presented. Make sure to address each subfactor and provide sufficient information about every element of the subfactor. The narrative section of an application must not exceed 75 pages, doubled spaced (excluding forms, budget narrative, commitment letters, memoranda of understanding, agreements, and abstract). Each page of the narrative must include the applicant's name and be numbered. Please note that although submitting pages in excess of the page limit will not disqualify an applicant, HUD will not consider the information on any excess pages. This exclusion may result in a lower score or failure to meet a threshold requirement. e. Budget. The budget submission must include the following form: (1) HUD-424-CB ``Grant Application Detailed Budget.'' This budget form shows the total budget by year and by line item for the program activities to be carried out with the proposed HUD grant. Each year of the program should be presented separately. Applicants must also submit this form to reflect the total cost for the entire grant performance period (Grand Total). Make sure that the amount shown on the SF-424, the HUD-424-CB, and all other required program forms is consistent and the budget totals are correct. Remember to check addition in totaling the categories on all forms so that all items are included in the total. If there is an inconsistency between any of the budget forms required, the HUD-424-CB will be used. All budget forms must be fully completed. If an application is selected for award, the applicant may be required to provide greater specificity to the budget during grant agreement negotiations. (2) Budget Narrative. A narrative must be submitted that explains how the applicant arrived at the cost estimates for any line item, including match items, over $5,000. For example, a van rental, $150 per month x 36 months equals $5,400. The proposed cost estimates should be reasonable for the work to be performed and consistent with rates established for the level of expertise required to perform the work proposed in the geographical area. When necessary, quotes from various vendors or historical data should be used and included. When an applicant proposes to use a consultant, the applicant must indicate whether there is a formal agreement or written procurement policy. For each consultant, please provide the name, if known, hourly or daily rate, and the estimated time on the project. For equipment, applicants must provide a list by type and cost for each item and explain how it will be used. Applicants using contracts must provide an individual description and cost estimate for each contract. (3) Indirect costs. Indirect costs, if applicable, are allowable based on an established approved indirect cost rate. Applicants should include a copy of their indirect cost rate agreement with their application. Please refer to Section IV.F of the General Section for instructions on how these documents are to be submitted to HUD using the electronic submission process. Applicants who are selected for funding that do not have an approved indirect cost rate agreement (established by the cognizant Federal agency, Certified Public Account, or auditor) will be required to establish a rate. In such cases, HUD will issue an award with a provisional rate and enter into an agreement to have one established. f. Match and Research Compliance. All applicants must include the following forms: (1) HUD-30001, ``Community Outreach Partnership Centers Matching Requirements.'' This form should show how the match requirements have been met. Under each category, list the specific project activities. Only the dollar totals for research and outreach activities should be listed; costs by activity do not need to be listed. For the purpose of this form, administrative costs should be allocated between research and outreach activities, as appropriate. Applicants must provide letters, memoranda of understanding or agreements that show the extent and firmness of commitments of leveraged funds (including an applicant's own resources) in order for these resources to count. Any resource for which there is no commitment letter will not be counted, nor will the resource be counted without the proposed level of commitment being quantified. Each letter must include the specific dollar amount and the use of the funds. If a dollar amount and use is not shown, the [[Page 13749]] source cannot be counted toward the match requirement in Factor 4. This form is included in Appendix B. (2) HUD-30002, ``Community Outreach Partnership Centers Breakdown of Outreach and Research Activities.'' This form is used to demonstrate that the applicant has not allocated more than 25 percent of the total budget (including Federal and matching funds) to research activities. This form is included in Appendix B. For purposes of this form, all costs (including administrative costs) must be categorized or apportioned as either research or outreach, as appropriate. (Note: While indirect costs can count toward meeting the required match, they will not be used to calculate the match percentage above the match requirement. Only direct costs can count in this factor). Letters, memoranda of understanding, and agreements must be signed by an authorized representative of the funding source. If any matching sources are for more than one year, the commitment letter, memorandum of understanding, or agreement must state the number of years, the per year commitment, and the total commitment. Only items eligible for program funding can be counted as match. Include matching documentation at the end of the narrative statement addressing the Factors for Award and note in this section a list of the letters that have been placed there. (3) HUD-30011, ``Verification of the Match.'' Applicants must include a multiple page worksheet (included in Appendix B) to determine if a sufficient match has been provided. This worksheet must be included in the application. Please note on this form by each commitment listed if the match is an inside or outside match commitment. Electronic filers should use the PureEdge Electronic form found on the Grants.gov application package. Paper copy filers should use this form found on HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. g. Appendix. Applicants receiving a waiver of the electronic submission requirements and submitting a paper copy of the application must place all letters of commitment, memoranda of understanding, and agreements for funds/resources in response to Factor 4 and all other required forms for this section. For applicants submitting electronic applications, please refer to Section IV.F of the General Section for instructions on how third party documents are to be submitted to HUD using the electronic submission process. An applicant SHOULD NOT submit general support letters or resumes or other back-up materials. If this information is included, it will not be considered during the review process. The additional items will also slow the transmission of your application. Applicants applying as a Consortium must include a memorandum of understanding or agreement signed by each of the Chief Executive Officers of the institutions involved. The document must describe all the members of the Consortium, outline each institution's roles and responsibilities, and describe how much funding each institution will receive from the grant. C. Submission Dates and Times A complete application package must be received electronically by the Grants.gov portal no later than 11:59:59 p.m. Eastern time on June 23, 2005. Applications may be submitted in advance of the submission date. Electronic faxes using the Facsimile Transmittal (Form HUD 96011) cover sheet contained in the electronic application may be submitted prior to the application submission date and must be received no later than 11:59:59 p.m. Eastern time on the application submission date. Please see Section IV.F of the General Section for electronic application submission instructions and timely receipt requirements. D. Intergovernmental Review This program is excluded from an Intergovernmental Review. E. Funding Restrictions 1. Activities such as, but not limited to, the following are ineligible for funding: a. Research activities that account for more than 25 percent of the total project cost (federal share plus match) and/or that have no clear and immediate practical application for solving urban problems or do not address specific problems in designated communities and neighborhoods or have any specific link to HUD programs. b. Any type of construction, rehabilitation, or other physical development costs. c. Costs used for routine operations and day-to-day administration of institutions of higher education, local governments, or neighborhood groups. 2. Funding may only be provided to applicants that meet the standards for eligible applicants in Section III.A. F. Other Submission Requirements 1. Application Submission and Receipt Procedure. Please read the General Section carefully and completely for the submission and receipt procedures for all applications because failure to comply may disqualify your application. 2. Wavier of Electronic Submission Requirements. Please refer to the General Section for further discussion. V. Application Review Information A. Criteria 1. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (20 Points). This factor addresses the extent to which the institution has the organizational resources necessary to successfully implement the proposed activities in a timely manner. In rating this factor, HUD will consider the extent to which the proposal demonstrates: a. Knowledge and Experience. For First Time Applicants (20 Points) For New Directions Grant Applicants (10 Points). The knowledge and experience possessed by the proposed project director and staff, including the day-to-day program manager, consultants (including technical assistance providers), and contractors in planning and managing the kind of program for which funding is being requested. Applicants must clearly identify the following: Key project team members, titles (e.g., project manager/coordinator, etc.), respective roles for the project staff, and a brief description of their relevant experience. Experience will be judged in terms of recent and relevant knowledge and skills of the staff to undertake eligible program activities. HUD will consider experience within the last five (5) years to be recent and experience pertaining to similar activities to be relevant. The more recent and substantial the experience of the staff, particularly the institution's own staff who will work on the project have in successfully conducting and completing similar activities, the higher the number of points an applicant can receive for this rating factor. The following areas will be evaluated: (1) Outreach activities in communities to solve or ameliorate significant urban issues; (2) Projects with community-based organizations or local governments; (3) Solving community problems that have a direct bearing on the proposed activities and that make a national contribution to solving long-term and immediate urban problems/issues; and (4) Research activities (if applicable) that have a practical application to significant urban issues. b. Past Performance (10 points) New Directions Grant Applicants Only. This subfactor will evaluate the extent to which an applicant has performed successfully under a previous COPC [[Page 13750]] grant. Applicants must demonstrate this by providing the following information: (1) A detailed list outlining the achievement of specific tasks, measurable objectives and outcomes consistent with the approved timeline/work plan in previously awarded grant; (2) Comparison of proposed required match funds and resources in a previous grant with what was actually matched; and (3) A detailed list outlining the timeliness and completeness of complying with all the COPC reporting requirements. In addressing timeliness compare when reports were due with when they were actually submitted. HUD will also review an applicant's past performance in managing funds, including, but not limited to: the ability to account for funding appropriately; timely use of funds received from HUD; meeting performance targets for completion of activities; and receipt of promised match funds. In evaluating past performance, HUD reserves the right to deduct up to five (5) points from this rating score as a result of the information obtained from HUD's records (i.e., progress and financial reports, monitoring reports, Logic Model submissions, and amendments), including the timely submission of required progress reports. 2. Rating Factor 2: Need/Extent of the Problem (10 Points). This factor addresses the extent to which there is a need for funding the proposed program activities and an indication of the importance of meeting the need(s) in the target area. The need(s) described must be relevant to the activities for which funds are being requested. The proposal will be evaluated on the extent to which the level of need for the proposed activities and the importance of meeting the need(s) are documented. In rating this factor, HUD will consider data collected within the last five (5) years to be current. To the extent that the targeted community's Five Year Consolidated Plan and Analysis of Impediments to Fair Housing Choice (AI) identify the level of the problem and the urgency in meeting the need, applicants should include references to these documents in response to this factor. Applicants must use statistics or other analyses contained in at least one or more current data sources that are sound and reliable. Sources for localized data can be found at: http://www.ffiec.gov. Other reliable sources of data include, but are not limited to, Census reports, HUD Continuum of Care gap analysis and its E-Map (To find additional information go to HUD's Web site: http://www.hud.gov/ emaps), law enforcement agency crime reports, Public Housing Agencies' Comprehensive Plans, community needs analyses such as provided by the United Way, the applicant's institution, and other sound and reliable appropriate sources. Needs in terms of fulfilling court orders or consent decrees, settlements, conciliation agreements, and voluntary compliance agreements may also be addressed. The data used must be specific to the area where the proposed activities will be carried out (not the entire locality or state). Remember, the statute creating COPC is very specific that the program addresses problems of an urban area: a single geographic place (e.g., a city, town, or village, but not a county) with a population of 2,500 or more. (However, because of the size of the grant and the three-year period of performance, HUD encourages applicants to target activities in a minimum number of definable neighborhoods or communities.) 3. Rating Factor 3: Soundness of Approach (40 Points). This factor addresses the quality and effectiveness of the proposed work plan. There must be a clear relationship between proposed activities and community needs for an applicant to receive points for this factor. This factor will be evaluated based on the extent to which the proposed work plan demonstrates the following: a. Quality of Work Plan (26 Points). (1) Specific Services and/or Activities. The work plan must describe all proposed activities and major tasks required to successfully implement the proposed project. HUD will consider the probability of success of the program, the significance of the tasks identified, how realistic are the proposed time frames, and who will be responsible for completing each proposed activity. (Note: applicants are not required to undertake research as part of the grant.) (a) Describe a clear outreach agenda and demonstrate this by providing the following: (i) Identifiable outreach activities; (ii) Required tasks to be completed (in sequential order) for each proposed activity; (iii) Target completion date for each proposed task/activity to be successfully implemented (in six-month intervals); and (iv) The staff member, as described in Factor 1, who will be responsible and accountable for completing each task. (b) Describe how the project will: (i) Involve the institution as a whole (i.e., variety of academic disciplines and administrative offices); (ii) Provide for on-site or frequent presence in the target area; and (iii) Ensure proposed activities do not duplicate outreach activities by the institution or others for the target area previously completed or currently underway. (c) Applicants proposing research activities must describe a clear research agenda that applies the proposed research results directly to the proposed outreach activities and demonstrate this by providing the following: (i) Identifiable research activities and outcomes (e.g., reports, surveys, etc.); (ii) Required tasks to be completed (in sequential order) for each proposed activity; (iii) Time necessary for each proposed task/activity to be successfully implemented (in six-month intervals) and target completion date; and (iv) The staff member, as described in Factor 1, who will be responsible for research activities and accountable for completing each task; (v) Ensure that the proposed research is tied to the proposed outreach agenda (e.g., a proposed study of the extent of housing abandonment in a neighborhood is followed by a plan for reusing this housing demonstrates a link between the proposed research and outreach strategies); and (vi) Describe how the research does not duplicate the research by the institution or others for the target area previously completed or currently underway. If similar research is underway, describe how the proposed research agenda would complement it. b. (5 Points) Community Involvement. The applicant must describe the extent to which it proposes to integrate the community as partners in the planning and implementation of proposed program activities. In reviewing this subfactor, HUD will look at the extent to which: (1) One or more Community Advisory Committees have been formed that represent the community's diversity (including businesses, community groups, residents, and others) and will serve to develop and implement strategies to address the needs identified in Factor 2. In addressing this subfactor, applicants must provide evidence that such a committee(s) has been in place and what groups are represented, or that commitments have been secured from the appropriate persons to serve on a committee(s), rather than just describing generally the types of people whose involvement will be sought. (2) The committee(s) and partners play an active role in all stages of the project and not serve as merely advisors or monitors. [[Page 13751]] (3) The outreach agenda includes training projects for local community leaders to increase their capacity to direct their organizations or undertake various kinds of community development projects. c. (5 Points) Dissemination Strategies. In reviewing this subfactor, HUD will assess the applicant's demonstrated ability to disseminate results of outreach and research activities to other COPCs and communities. In addition, the scope and quality of the applicant's plan to disseminate information results, strategies, and lessons learned through such means as conferences, cross-site technical assistance, Web sites, publications, etc. will be assessed. (Note: Applicants must make materials available in alternative formats for persons with disabilities (e.g., Braille, audio, large type) upon request, and provide materials in languages other than English that are common in the community, if speakers of these languages are found in significant numbers and come into frequent contact with the program.) d. (2 Points) Affirmatively Further Fair Housing. This subfactor will be evaluated on the extent to which an applicant describes how they propose to undertake activities designed to affirmatively further fair housing opportunities for individuals on the basis of race, color, national origin, sex, religion, familial status, or disability. For example: (1) Working with other entities in the community to overcome impediments to fair housing, such as discrimination in the sale or rental of housing or in advertising, provision of brokerage services, or lending; (2) Promoting fair housing choice through the expansion of homeownership opportunities and improved quality of services for minorities, families with children, and persons with disabilities; or (3) Providing housing mobility counseling services. e. (2 Points) HUD Policy Priorities. HUD encourages applicants to undertake specific activities that will assist the Department in implementing its policy priorities that will help the Department achieve its goals and objectives in FY2006, when the majority of grant recipients will be reporting programmatic results and achievements. In addressing this subfactor, HUD will evaluate the extent to which a program will further and support HUD's priorities. The quality of the responses provided to one or more of HUD's priorities will determine the score an applicant can receive. Applicants must describe how each policy priority selected will be addressed. Applicants that just list a priority will receive no points. Each policy priority addressed has a value of one point with the exception of the policy priority to remove regulatory barriers to affordable housing, which has a point value of up to 2 points. The total number of points available to applicants that address policy priorities is 2. It is up to the applicant to determine which of the policy priorities they elect to address to receive the available 2 points. To receive points for efforts to remove regulatory barriers to affordable housing, an applicant must submit the completed questionnaire (HUD-27300) ``HUD's Initiative on Removal of Regulatory Barrier'' found in the General Section along with required documentation. The form is part of the electronic application and is constructed to permit the required documentation to be attached to the electronic form. For the full list and explanation of each policy priority, please refer to the General Section. 4. Rating Factor 4: Matching Resources and Institutionalization of Program (20 Points). This factor addresses the ability of the applicant to secure resources and make the program activities part of the institution's on-going mission. In evaluating this factor, HUD will consider the extent to which the applicant established partnerships with other entities (other than HUD) to secure additional resources to increase the effectiveness of the proposed program activities. a. Matching Resources (10 Points). This subfactor addresses the applicant's ability to secure community resources combined with HUD's grant funds to achieve the program's purpose. Resources may include funding or in-kind contributions, such as services or equipment, allocated to the purpose(s) of the grant being sought. External resources (those acquired from outside the college or university) may be provided by governmental entities (only block grants or formula grants will be considered, no direct grants), public or private nonprofit organizations, for-profit private organizations, or other entities willing to establish partnerships. Applicants may also establish partnerships with funding recipients in other grant programs to coordinate the use of resources in the target area. Please note that the value of the time of individuals serving on an applicant program advisory board cannot be counted as an in-kind contribution. Applicants may count overhead and other institutional costs (e.g., salaries, indirect costs, etc.) that the institution has waived. In evaluating this subfactor, HUD will allocate points as follows: (1) (5 Points) will be awarded for a match that is 25 percent or more over the required match, as described in Section V, Application Review Information. Fewer points will be assigned depending on the extent of the match overage provided. Matching funds must be provided unconditionally in order to be counted for this subfactor. HUD is concerned that applicants should be providing hard dollars as part of their matching contributions to enhance the tangible resources going into targeted neighborhoods. Thus, while indirect costs can count toward meeting the required match, they will not be used in calculating match overage. Only direct costs can count in this factor. (2) (5 Points) will be awarded for the extent to which applicant documents that matching funds are provided from eligible external sources other than the institution (e.g., funds from the city, including CDBG, other state or local government agencies, public or private organizations, or foundations). Federal funds can be used for the match as long as the funds are not a result of a direct Federal grant, but are block or formula grant funds that allow states or local governments allocation authority. Fewer points will be assigned depending on the amount of the outside match. For each match, cash or in-kind contribution, a letter of commitment, memorandum of understanding, or agreement must be provided that shows the extent and firmness of the commitment of leveraged funds (including any commitment of resources, as well as an indirect cost considered an internal match) in order for the resources to count in determining points under this factor. Resources will not be counted for which there is no commitment letter, memorandum of understanding, or agreement, nor quantified level of commitment. Letters, memoranda of understanding, or agreements must be submitted on the provider's letterhead and be submitted as part of the application package. (Applicants submitting paper copy applications must place all letters, memoranda of understanding, or agreements in the Appendix. Applicants submitting these items electronically must follow the submission directions in Section IV.F of the General Section.) The date of the letter, memorandum of understanding, or agreement from the CEO of the provider organization must be dated no earlier than nine months prior to the date of this published NOFA. Applications that do not include [[Page 13752]] evidence of matching or address all items described below will receive zero (0) points for this Factor and will be disqualified. a. A firm commitment letter, memorandum of understanding, or agreement must address the following: (1) The cash amount contributed or dollar value of the in-kind goods and/or services committed (If a dollar amount and use is not shown, the source will not be counted toward the match requirement); (2) A specific description of how the match is to be used toward one of the proposed program activities; (3) The date the match will be made available and a statement that describes the duration of the contribution. If any of the matching sources are for more than one year, the commitment letter, memorandum of understanding, or agreement must state the number of years, the per year commitment, and the total commitment. Without this statement, HUD will assume that the commitment is for only one year; (4) Any terms or conditions affecting the commitment, other than receipt of a HUD grant; (5) The signature of the appropriate executive officer authorized to commit the funds and/or goods and/or services. Please remember that only items eligible for funding under this program can be considered as a match; and (6) Internal match provided by an applicant must be documented by a letter, memorandum of understanding, or agreement; describes the requirements outlined above; and be signed by the appropriate executive officer authorized to commit funds and/or goods and/or services. See the General Section for instructions on how to submit these documents to HUD using the electronic submission process. b. Institutionalization (10 Points). This subfactor looks at how the institution plans to make the COPC function and related activities a part of its urban mission and ensure funding in the future by sources other than HUD. (1) First Time Grant Applicants. In reviewing this subfactor for a First Time Grant, HUD will consider the extent to which the First Time Grant applicant addresses the institution's capacity and commitment to undertake outreach activities. HUD will evaluate the following: (a) COPC activities as they relate to the institution's urban mission; (b) Support and involvement of the institution's executive leadership (e.g., department chairs, deans, etc.), faculty, staff and students from across many disciplines in order to demonstrate the institution's commitment to these kinds of activities; (c) Commitment of the institution to establish a climate that rewards faculty and staff for work in COPC neighborhoods by including this work in decisions affecting rank, tenure, and promotion; (d) Benefit to students through the implementation of service learning programs or professional training at the institution that are reflected in the curriculum (rather than just volunteer activities); (e) Commitment to a formal organizational structure within the university related to outreach and community partnerships as reflected in the university's budget and planning documents of the university. (2) New Directions Applicants. In reviewing this subfactor for a New Directions Grant, HUD will consider the extent to which the New Directions applicant's proposed project will sustain the institutional capacity and commitment of the institution to undertake outreach activities. HUD will evaluate the following: (a) Increases in the number of faculty undertaking this kind of work; (b) Increases in the number of courses linked to outreach activities and the number of students taking these courses; and (c) Formal changes in institutional policies related to support of outreach. 5. Rating Factor 5: Achieving Results and Program Evaluation (10 Points). This factor reflects HUD's goal to embrace high standards of management and accountability. It measures the applicant's commitment to assess their performance to achieve the program's proposed objectives and goals. Applicants are required to develop an effective, quantifiable, outcome oriented evaluation plan for measuring performance and determining that objectives and goals have been achieved. The Logic Model is a summary of the narrative statements presented in Factors 1-4. Therefore, the information submitted on the logic model should be consistent with the information contained in the narrative statements, but does not have to be as detailed. ``Outcomes'' are benefits accruing to institutions of higher education and/or communities during or after participation in the COPC program. Applicants must clearly identify the outcomes to be measured and achieved. Examples of outcomes are increased business start-up in the target community by a certain percentage, or increased family financial stability (e.g., increased assets to families and communities through the development of incubators). In addition, applicants must establish interim benchmarks and outputs that lead to the ultimate achievement of outcomes. ``Outputs'' are the direct products of the program's activities. Examples of outputs are the number of new businesses developed, the number of students involved in service learning activities, the number of new courses an institution developed that focus on community outreach activities, the number of newly formed partnerships that aid in community capacity building. Outputs should produce outcomes for the program. At a minimum, an applicant must address the following activities in the evaluation plan: a. Specific time-phased short- and long-term measurable outputs to be accomplished. b. Measurable outcomes the grant will have on the community in general and the target area or population. c. The impact the grant will have on the long-term commitment of the university to the faculty and students to provide opportunities to continue this type of work. d. The impact the grant will have on assisting the university to obtain additional resources to continue this type of work at the end of the grant performance period. This information must be placed under this section on a HUD-96010 Program Outcome Logic Model form. Applicants may submit as many copies of this form as required. It will not be included in the page count requirement. A narrative is not required. However, if a narrative is provided, those pages will be included in the page count. Additional information on this form and how to use it can be found in the General Section. B. Review and Selection Process 1. Application Selection Process. Two types of reviews will be conducted: a. A threshold review to determine an applicant's basic eligibility; and b. A technical review for all applications that pass the threshold review to rate and rank the application based on the ``Rating Factors'' listed in Section V.A. Only those applications that pass the threshold review will receive a technical review and be rated and ranked. 2. Rating Panels. To review and rate applications, HUD may establish panels which may include experts or consultants not currently employed by [[Page 13753]] HUD. These individuals may be included to obtain certain expertise. 3. Ranking. HUD will fund applications in rank order until all available program funds are awarded. In order to be funded, an applicant must receive a minimum score of 75 points out of a possible 102 points, which includes up to two bonus points that may be awarded for activities conducted in the RC/EZ/EC-II communities, as described in the General Section. If two or more applications have the same number of points, the application with the most points for Factor 3, Soundness of Approach, shall be selected. If there is still a tie, the application with the most points for Factor 1, Capacity of the Applicant and Relevant Organizational Experience, shall be selected. If there is still a tie, the application with the most points for Factors 2, 4 and then 5 shall be selected in that order until the tie is broken. HUD reserves the right to make selections out of rank order to provide for geographic distribution of grantees. In addition, HUD intends to fund at least two eligible COPC First Time Grant applications that serve Colonias (as defined in the General Section). While it is not necessary for the institution to be located in a Colonias, all program activities must be directed to the Colonias and its residents. If less than two fundable applications are eligible for award these funds will be made available to award additional COPC grants. HUD also reserves the right to reduce the amount of funding requested in order to fund as many highly ranked applications as possible. Additionally, if funds remain after funding the highest ranked applications, HUD may fund part of the next highest-ranking application. If an applicant turns down the award offer, HUD will make the same determination for the next highest-ranking application. If funds remain after all selections have been made, the remaining funds will be carried over to the next funding cycle's competition. 4. Correction to Deficient Applications. The General Section provides the procedures for correction to deficient applications. C. Anticipated Announcement and Award Dates Announcements of awards are anticipated on or before September 30, 2005. VI. Award Administration Information A. Award Notice After all selections have been made, HUD will notify all winning applications in writing. HUD may require winning applicants to participate in additional negotiations before receiving an official award. For further discussion on this matter, please refer to the General Section. B. Administrative and National Policy Requirements For information regarding these requirements, please refer to Section VI.B the General Section. 1. Debriefing. The General Section provides the procedures for requesting a debriefing. All requests for debriefings must be made in writing and submitted to: Kinnard Wright; Office of University Partnerships; Robert C. Weaver Federal Building; 451 Seventh Street, SW., Room 8106; Washington, DC 20410-6000. Applicants may also write to Mr. Wright via e-mail at [email protected]. 2. Administrative. Grants awarded under this NOFA will be governed by the provisions of 24 CFR part 84 (Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations), A-21 (Cost Principles for Educational Institutions) and A-133 (Audits of States, Local Governments, and Non-Profit Organizations). Applicants can access the OMB circulars at the White House Web site at: http://www.whitehouse.gov/omb/circulars/index.html. 3. OMB Circulars and Governmentwide Regulations Applicable to Financial Assistance Programs. The General Section provides further discussion. 4. Code of Conduct. See the General Section for further discussion. 5. Recovered Materials. The General Section provides further. 6. Environmental requirements. In accordance with 24 CFR 50.19(b) of the HUD regulations, activities under the COPC program are categorically excluded from the requirements of the National Environment Policy Act and are not subject to environmental review under related laws and authorities. C. Reporting All grant recipients under this NOFA are required to submit semi- annual progress reports. The progress reports shall consist of two components, a narrative that must reflect the activities undertaken during the reporting period and a financial report that reflect costs by budget line item, as well as a cumulative summary of costs incurred during the reporting period. For each reporting period, as part of the required report to HUD, grant recipients must include a completed Logic Model (HUD-96010), which identifies output and outcome achievements. VII. Agency Contacts Applicants may contact Kinnard Wright at (202) 708-3061, extension 7495 or Susan Brunson, at (202) 708-3061, extension 3852. Persons with speech or hearing impairments may call the Federal Information Relay Service (TTY) at (800) 877-8339. Except for the ``800'' number, these numbers are not toll-free. Applicants may also reach Mr. Wright via e- mail at [email protected], and/or Ms. Brunson at Susan--S.-- [email protected]. VIII. Other Information Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2528-0180. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 144 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, quarterly, semi-annual and final reports. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. BILLING CODE 4210-32-P [[Page 13754]] [GRAPHIC] [TIFF OMITTED] TN21MR05.089 [[Page 13755]] [GRAPHIC] [TIFF OMITTED] TN21MR05.090 [[Page 13756]] [GRAPHIC] [TIFF OMITTED] TN21MR05.091 [[Page 13757]] [GRAPHIC] [TIFF OMITTED] TN21MR05.092 [[Page 13758]] [GRAPHIC] [TIFF OMITTED] TN21MR05.093 [[Page 13759]] [GRAPHIC] [TIFF OMITTED] TN21MR05.094 [[Page 13760]] [GRAPHIC] [TIFF OMITTED] TN21MR05.095 [[Page 13761]] [GRAPHIC] [TIFF OMITTED] TN21MR05.096 [[Page 13762]] [GRAPHIC] [TIFF OMITTED] TN21MR05.097 [[Page 13763]] [GRAPHIC] [TIFF OMITTED] TN21MR05.098 [[Page 13764]] The Early Doctoral Student Research Grant Program and Doctoral Dissertation Research Grant Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Policy Development and Research, Office of University Partnerships. B. Funding Opportunity Title: The Early Doctoral Student Research Grant (EDSRG) Program and the Doctoral Dissertation Research Grant (DDRG) Program. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register Number for this Notice Of Funding Availability (NOFA) is FR4950-N-07. The OMB Approval Numbers for the programs in this NOFA are as follows: 1. Early Doctoral Student Research Grant Program is 2528-0216. 2. Doctoral Dissertation Research Grant Program is 2528-0213. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): The CFDA Numbers for the programs in this NOFA are as follows: 1. Early Doctoral Student Research Grant Program is 14.517 2. Doctoral Dissertation Research Grant Program is 14.516 F. Dates: The application submission deadline shall be on or before May 18, 2005. Please be sure to read the General Section for electronic submission and receipt requirements. G. Optional, Additional Overview Content Information: 1. Purpose of the University Partnership Dissertation Programs: a. Early Doctoral Student Research Grant (EDSRG) Program. The purpose of the EDSRG program is to enable doctoral students enrolled at accredited institutions of higher education recognized by the U.S. Department of Education to cultivate their research skills through the preparation of research manuscripts that focus on policy-relevant housing and urban development issues. b. Doctoral Dissertation Research Grant (DDRG) Program. The purpose of the DDRG program is to enable Ph.D. candidates enrolled at accredited institutions of higher education recognized by the U.S. Department of Education to complete their research and dissertations on policy-relevant housing and urban development issues. 2. Award Information: In Fiscal Year (FY) 2005, approximately $550,000 has been made available for the following Office of University Partnerships (OUP) dissertation programs. a. Early Doctoral Student Research Grant Program--Approximately $150,000 is available for funding under this program. The maximum grant performance period is 12 months. The performance period will commence on the effective date of the grant agreement. The maximum amount that can be requested by a doctoral student for award is $15,000. b. Doctoral Dissertation Research Grant Program--Approximately $400,000 is available for funding under this program. The maximum grant performance period is 24 months. The performance period will commence on the effective date of the grant agreement. The maximum amount that can be requested by a doctoral student for award is $25,000. If funding remains after all eligible EDSRG doctoral students are awarded, the remaining funds will be made available to fund eligible DDRG doctoral students. If funding remains after all eligible DDRG doctoral students are awarded, the remaining funds will be made available to fund eligible EDSRG doctoral students. 3. Eligible Applicants. Eligible applicants are accredited institutions of higher education recognized by the U.S. Department of Education that sponsor doctoral students who meet the following program requirements: a. Early Doctoral Student Research Grant Program. Doctoral students applying for funding under this program must meet the following requirements: (1) Be a U.S. citizen or lawful permanent resident (recipient of an Alien Registration Recipient Card-Form I-551, commonly referred to as a Green Card) currently enrolled as a full-time student in an accredited doctoral program; (2) Have a major or concentration within a field related to housing and urban development; (3) Have not taken the preliminary/comprehensive examinations; (4) Completed at least two semesters or three terms of a doctoral studies program (depending on the course structure of the institution); (5) Have an assigned faculty advisor to supervise the research manuscript; (6) Submit a letter of support from the assigned faculty advisor in the doctoral student's department; and (7) Provide a support letter from the institution. This support may not replace support or assistance the institution would otherwise provide to the student. b. Doctoral Dissertation Research Grant Program. Doctoral students applying for funding under this program must meet the following requirements: (1) Be a U.S. citizen or lawful permanent resident (recipient of an Alien Registration Recipient Card-Form I-551, commonly referred to as a Green Card) currently enrolled an accredited doctoral program; (2) Have an approved dissertation proposal; (3) Provide documentation from the dissertation committee chairperson that states the feasibility of the following: (a) By the application due date, the student's dissertation proposal will be accepted by the full dissertation committee; (b) The student will have an assigned dissertation advisor; (c) By September 1, 2005, the student will have satisfactorily completed all other written and oral Ph.D. requirements, including all examinations and defense of the proposal, except the dissertation; and (d) The proposed dissertation can be prepared and delivered within the two-year grant period. (4) Provide a support letter from the institution. This support may not replace support or assistance the institution would otherwise provide to the student. Full Text of Announcement I. Funding Opportunity Description A. Early Doctoral Student Research Grant (EDSRG) Program The purpose of the EDSRG program is to enable doctoral students enrolled at an accredited institution of higher education recognized by the U.S. Department of Education to cultivate their research skills through the preparation of research manuscripts that focus on policy- relevant housing and urban development issues. The FY 2005 EDSRG program seeks to fund research studies that may impact federal problem solving and policymaking and that are relevant to HUD's policy priorities and annual goals and objectives (See the General Section for discussion of these priorities and annual goals and objectives). B. Doctoral Dissertation Research Grant (DDRG) Program The purpose of the DDRG program is to enable Ph.D. candidates enrolled at accredited institutions of higher education recognized by the U.S. Department of Education to complete their research and dissertations on policy-relevant housing and urban development issues. The FY 2005 DDRG program seeks to fund research studies that may impact federal problem solving and policymaking and that are relevant to HUD's policy priorities and annual [[Page 13765]] goals and objectives (See the General Section for discussion of these priorities and annual goals and objectives). C. Topics Examples of topics addressing these issues (applicable to both the EDSRG and DDRG programs) include but are not limited to: 1. Increase Homeownership Opportunities a. Increase Minority Homeownership. b. Simplify the Home Buying Process (RESPA reform) and Reduce Settlement Costs. c. Set Appropriate Housing Goals for the GSEs. d. Counter Predatory Lending. e. Help Low-Income Homeowners Avoid Default and Foreclosure. f. Evaluate Housing Counseling. 2. Promote Decent Affordable Housing a. Reduce Regulatory Barriers to the Development of Affordable Housing, as well as All Forms of Multifamily Housing. b. Develop Creative Strategies for Expanding the Availability of Affordable Housing. c. Strengthen the Delivery of HUD-Funded Rental Assistance and Assistance Provided Through the Low-Income Housing Tax Credit. d. Promote Self-Sufficiency Among Residents of Public and Assisted Housing. e. Meet the Housing-Related Needs of the Elderly. f. Meet the Housing-Related Needs of Persons with Disabilities. g. Improve Housing Quality and Affordability through Technology and Design. 3. Strengthen Communities a. End Chronic Homelessness. b. Prevent Homelessness. c. Strengthen Cities. d. Meet the Housing and Community and Economic Development Needs of Residents of High-Needs Areas, including the Colonias, Appalachia, the Mississippi Delta, and Indian Country. 4. Ensure Equal Opportunity In Housing a. Reduce Housing Discrimination. b. Improve Housing Accessibility for Persons with Disabilities. 5. Embrace High Standards of Ethics, Management, and Accountability a. Reduce Fraud, Waste, and Abuse in HUD-Funded Programs. b. Improve the Effectiveness of HUD Programs Through Program Evaluations and Performance Measurement. 6. Promote Participation of Faith-Based and Community Organizations a. Strengthen the Capacity of Faith-Based and Community Organizations. D. Modifications There is one major modification from the Fiscal Year (FY) 2004 program-funding announcement. In FY 2005, applicants are required to submit their application electronically via the following Web site: http://www.grants.gov/Apply. Read the General Section for further information regarding submitting your application electronically. E. Authority HUD's authority for making funding available under this NOFA is the Consolidated Appropriations Act, 2005 (Pub. L. 108-447, approved December 8, 2004). These programs are undertaken under HUD's research authority under Title V of the Housing and Urban Development Act of 1970. They are being implemented through this NOFA and the policies governing their operation are contained herein. II. Award Information In Fiscal Year (FY) 2005, approximately $550,000 is made available for the Office of University Partnerships (OUP) dissertation programs as follows: A. Early Doctoral Student Research Grant Program Approximately $150,000 will be made available for funding under this program. The maximum grant performance period is 12 months. The performance period will commence on the effective date of the grant agreement. The maximum amount that can be requested by a doctoral student for award is $15,000. B. Doctoral Dissertation Research Grant Program Approximately $400,000 will be made available for funding under this program. The maximum grant performance period is 24 months. The performance period will commence on the effective date of the grant agreement. The maximum amount that can be requested by a doctoral student for award is $25,000. If funding remains after all eligible EDSRG doctoral students are awarded, the remaining funds will be made available to fund eligible DDRG doctoral students. If funding remains after all eligible DDRG doctoral students are awarded, the remaining funds will be made available to fund eligible EDSRG doctoral students. III. Eligibility Information A. Eligible Applicants Eligible applicants are accredited institutions of higher education recognized by the U.S. Department of Education that sponsor doctoral students. The institution must address the following program requirements: 1. Early Doctoral Student Research Grant Program. Doctoral students applying for funding under this program must meet the following requirements: a. Be a U.S. citizen or lawful permanent resident (recipient of an Alien Registration Recipient Card-Form I-551, commonly referred to as a Green Card) currently enrolled as a full-time student in an accredited doctoral program; b. Have not taken the preliminary/comprehensive examinations; c. Have completed at least two semesters or three terms of a doctoral studies program (depending on the course structure of the institution); d. Have an assigned faculty advisor to supervise the research manuscript (provide the advisor's name, address, phone number, facsimile number, and email address); e. Submit a letter of support from the assigned faculty advisor of the doctoral student that confirms that the student meets all of the conditions above and that the proposed research manuscript can be completed within the one-year grant period; and f. Provide a support letter from the institution that includes in detail the type of support the university is providing. Such support might include tuition waivers, office space, computer time, assumption of indirect costs, or similar items the doctoral student might need in order to complete the required product. This support may not replace support or assistance the institution would otherwise provide to the student. 2. Doctoral Dissertation Research Grant Program. Doctoral students applying for funding under this program must meet the following requirements: a. Be a U.S. citizen or lawful permanent resident (recipient of an Alien Registration Recipient Card-Form I-551, commonly referred to as a Green Card) currently enrolled in an accredited doctoral program; b. Have an approved dissertation proposal; c. Provide letter from the dissertation committee chairperson that confirms the following: (1) By the application due date, the student's dissertation proposal has been accepted by the full dissertation committee and the student has been assigned a dissertation advisor (provide [[Page 13766]] the advisor's name, address, phone number, facsimile number, and email address); (2) By September 1, 2005, the student will have satisfactorily completed all other written and oral Ph.D. requirements, including all examinations and defense of the proposal, except the dissertation; and (3) The proposed dissertation can be prepared and delivered within the two-year grant period. d. Provide a support letter from the institution that includes in detail the type of support the university is providing. Such support might include tuition waivers, office space, computer time, assumption of indirect costs, or similar items the student might need in order to complete the required product. This support may not replace support or assistance the institution would otherwise provide to the student. B. Cost Sharing or Matching None Required. C. Other 1. Eligible Activities Grant funds awarded for programs under this NOFA must be used to support direct costs incurred in the timely completion of the research product. Eligible costs include stipends, computer software, purchase of data, travel expenses to collect data, transcription services, and compensation for interviews. 2. Audit Requirements Applicants must ensure that their most current A-133 audit is on file at the Federal Audit Clearinghouse. (Applicants are not required to submit a copy of the audit with the application.) Grantees that expend $500,000 or more in federal financial assistance in a single year (this can be program year or fiscal year) must be audited in accordance with the OMB requirements as established in 24 CFR Part 84. Additional information regarding this requirement can be access at the following Web site: http://harvester.census.gov/sac. 3. Threshold Requirements Applicable to All Applicants All applicants and doctoral students must comply with the threshold requirements as defined in the General Section and the requirements listed below to be evaluated, rated, and ranked. Applications that do not meet these requirements will be considered ineligible for funding and will be disqualified. a. The doctoral student must meet the eligibility requirement for the program for which they are requesting funding as defined in Section III.A, Eligible Applicants; b. University sponsorship. The university shall enter into a Grant Agreement with HUD that provides for payment of the grant by HUD to the university and from the university to the approved doctoral student, and that further provides all required certifications and assurances. The university shall agree to provide as the Principal Investigator under the Grant Agreement a faculty advisor or chairperson of the doctoral student's dissertation committee who shall supervise the student's work under the Grant Agreement; c. The student has provided a letter from the faculty advisor or chairperson of the doctoral student's dissertation committee confirming the applicant is eligible as outlined in Section III A, Eligible Applicants; d. The student's institution has provided a letter agreeing to provide support and outlines the specific type of support they will provide as part of this grant as defined in Section III A, Eligible Applicants; e. The student has requested no more funding than the grant maximum allocated for the program from which they are requested funding as outlined in Section II, Award Information; f. Only one application package can be submitted per doctoral student. Students who have received funding in the past are not eligible to receive funding under the same program. g. Applications must receive a minimum score of 75 points to be considered for funding; h. The University (the official applicant on behalf of the student) must have a DUNS number to receive HUD grant funds. (The General Section provides information regarding the DUNS requirement); and i. Electronic applications must be received by grants.gov no later than 11:59:59 p.m. eastern time on May 18, 2005. See the General Section for information on application submission and timely receipt requirements. IV. Application and Submission Information A. Addresses To Request Application Package Applicants may download the instructions to the application found on the grants.gov Web site at http://www.Grants.gov./Apply. The instructions contain the General Section and Program Section of the published NOFA as well as forms that you must complete and attach as a zip file to your application submission. If you have difficulty accessing the information you may call the Grants.gov Support desk toll free 800-518-GRANTS or e-mail your questions to Grants.gov">Support@Grants.gov. The Support Desk staff will assist you in accessing the information. Please remember that you must be registered to submit an application utilizing Grants.gov. Your registration allows you to electronically sign the application and enables Grants.gov to authenticate that the person signing the application has legal authority to submit the application on behalf of the applicant. Please see the General Section for information regarding the registration process or ask for registration information from the Grants.gov Support Desk. Please be aware that the registration process is a separate process from requesting e-mail notification of funding opportunities or downloading the application and should be done as soon as you download the application from the grants.gov Web site. If you are not sure if you are already registered, the Grants.gov Support Desk can assist in verifying whether you are registered. B. Content and Form of Application Submission 1. Forms. The following forms are required for submission. Copies of these forms are included in Appendix A of the General Section. All required forms are contained in the electronic application package. a. Application for Federal Assistance (SF-424); b. Survey on Ensuring Equal Opportunity for Applicants (SF-424 Supplement); c. Grant Application Detailed Budget (HUD-424-CB); d. Disclosure of Lobbying Activities (SF-LLL); e. America's Affordable Communities Initiative (HUD-27300), if applicable; f. Applicant/Recipient Disclosure/Update Report (HUD-2880); g. Program Logic Model (HUD-96010); h. Client Comments and Suggestions (HUD-2994). This form is included to solicit information from the most valuable source, the applicant. The changes that we have instituted this year are designed to make things easier for the applicant. If applicants complete and submit this form, it will help us to assess whether the changes have had the intended results. It will also guide us in our continuing efforts to improve the competitive grant process. Applicants are not required to complete this form; i. Acknowledgement of Applicant Receipt (HUD-2993). Only applicants [[Page 13767]] that do not submit an electronic application need to include this form with their application. Please complete this form if you have received a waiver to the electronic application submission requirement. Applicants are not required to include this form, but it is recommended that they do so; and j. Facsimile Transmittal Cover Page (HUD 96011). This form must be used as part of the electronic application to transmit third party documents and other information as described in the General Section as part of your electronic application submittal (if applicable). Applicants are advised to download the application package, complete the SF 424 first and it will pre-populate the Transmittal Cover page. The Transmittal Cover page will contain a unique identifier embedded in the page that will help HUD associate your faxed materials to your application. Please download the cover page and then make multiple copies to provide to any of the entities responsible for submitting faxed materials to HUD on your behalf. 2. Certifications and Assurances. Please read the General Section for detailed information on all Certifications and Assurance. All applications submitted through Grants.gov constitute an acknowledgement and agreement to all required certifications and assurances. Please include in your application each item listed below. Applicants submitting paper copy applications should submit the applications in the following order: a. SF-424, Application for Federal Assistance. Please remember the following: (1) The name of the applicant for these programs is the University. Please make sure that the University's address is listed on this form (not the student's information); (2) Include the name, title, address, telephone number, facsimile number, and e-mail address of the designated contact person. This is the University contact who will receive all information pertinent to this grant; (3) The total grant amount requested; (4) The University's Employer Identification/Tax ID; (5) The DUNS Number; (6) The Catalog of Federal Domestic Assistance Number for the program from which you are requesting funding; (a) Early Doctoral Student Research Grant Program is 14.517 (b) Doctoral Dissertation Research Grant Program is 14.516. (7) The signature of the Authorized Organization Representative (AOR) who has been authenticated by the credential provider to submit applications via Grants.gov. The AOR must be able to make a binding legal agreement with HUD. See the General Section for instructions and requirements for Registration with Grants.gov. b. Table of Contents c. Application Checklist. Doctoral students should use the checklist to ensure that they have all the required components of the application. Students submitting an electronic application do not have to submit the checklist. Students who receive a waiver of the electronic application submission requirement must include a copy of the checklist in their application. The checklist is found in the NOFA (See Attachment A). c. Executive Summary (700 words or less). The Executive Summary should, at a minimum, include a summary of the proposed research project that addresses the following information: (1) Specific purpose of the manuscript/dissertation; (2) Methodology being used; and (3) How the student meets the eligibility criteria for the program from which she/he is requesting funding. In addition, include the following information: (1) Student's address, telephone number, facsimile number, and e- mail address at the university; (2) The faculty/chairperson advisor's name, title, department, address, telephone number, facsimile number, and e-mail address. This person will serve as the Principal Investigator for this grant; and (3) The designated university contact person, including phone number, facsimile number, and e-mail address. d. Narrative Statement Addressing the Rating Factors. HUD will use the narrative response to the ``Rating Factors'' to evaluate, rate, and rank applications. The narrative statement is the main source of information. Therefore, it is very important that the student becomes fully familiar with the rating factors for the program from which he/ she is requesting funding. The narrative should be numbered in accordance with each factor and subfactor. Please do not repeat material in response to the four factors; instead, focus on how well the proposal responds to each of the factors. Make sure to address each factor and subfactor and provide sufficient information about every element. The application narrative, bibliographies, and any supporting references must not exceed 20 pages in length (excluding forms, assurances, budget narrative, Table of Contents, Executive Summary, agreements, and letters) and must be submitted on 8 \1/2\ by 11-inch paper, double-spaced on one side of the paper, with one inch margins (from the top, bottom, left, and right side of the document) and printed in standard Times New Roman 12-point font. Each page must be numbered and the name of the student and university on each page. The double-spacing requirement applies to the narrative section of the application (excluding references, bibliographies, agreements, and letters). Please note that although submitting pages in excess of the page limit will not disqualify the application, HUD will not consider the information on any excess page. This exclusion may result in a lower score or failure to meet a threshold requirement. Support Letters--For doctoral students submitting electronic applications, please refer to Section IV.F of the General Section for further instructions on how third party documents are to be submitted to HUD via the electronic submission process. (1) Faculty Advisor/Dissertation Advisor Support Letter. This letter must provide a statement from the doctoral student's faculty advisor or chairperson of the doctoral student's dissertation committee verifying the doctoral student has met all the eligibility criteria described in Section III.A, Eligible Applicant. (2) University Support Letter. This letter must provide a statement from the appropriate official at the university that describes in detail the type of support the University will be providing, as described in Section III.A, Eligible Applicant. Please remember that this support may not replace support or assistance that the institution would otherwise provide the student. g. Budget. The budget submission must include the following: (1) HUD-424-CB, ``Grant Application Detailed Budget.'' This budget form shows the total budget by year and by line item for the program activities to be carried out with the proposed HUD grant. Each year of the program should be presented separately. Make sure that the amount shown on the SF-424, the HUD-424-CB and on all other required program forms is consistent and the budget totals are correct. Remember to check addition in totaling the categories on the Form HUD-424-CB so that that all items are included in the total. The budget form must be fully completed. If there is any inconsistency between any required forms, the HUD-424-CB will be used. If this correction puts an application over the grant maximum, the doctoral student will not be able to correct the [[Page 13768]] amount requested and the application will be disqualified. If an application is selected for award, the applicant may be required to provide greater specificity to the budget during grant agreement negotiations. (2) Budget Narrative. A narrative must be submitted that explains how the doctoral student arrived at the cost estimates. The proposed cost estimates should be reasonable for the work to be performed and consistent with rates established for the level of expertise required to perform the work proposed. h. Appendix. Doctoral students receiving a waiver of the electronic submission requirements and submitting a paper copy of the application must place all letters and other required forms in this section. For doctoral students submitting electronic applications, please refer to Section IV.F of the General Section for instructions on how third party documents are to be submitted to HUD using electronic submission process. An applicant SHOULD NOT submit general support letters, resumes, or other back-up materials. If this information is included, it will not be considered during the review process. The additional items will also slow the transmission of your application. C. Submission Dates and Times A complete application package must be received electronically by the Grants.gov portal no later than 11:59:59 p.m. eastern time on or before May 18, 2005. Applications may be submitted in advance of the submission date. Electronic faxes using the Facsimile Transmittal (Form HUD 96011) cover sheet contained in the electronic application may be submitted prior to the application submission date and must be received no later than 11:59:59 p.m. Eastern time on the application submission date. Please see Section IV.F of the General Section for electronic application submission instructions and timely receipt requirements. D. Intergovernmental Review These programs are excluded from an Intergovernmental Review. E. Funding Restrictions 1. Funding may only be provided to doctoral students who meet the standards for eligible applicants outlined in Section III. A. 2. Grant funds awarded for programs under this NOFA may not be used to pay for tuition, computer hardware, or meals. 3. Early Doctoral Student Research Grant (EDSRG) Program Three thousand dollars of the grant funds will be held until the doctoral student's research manuscript has been completed and accepted for presentation at a conference or publication in a refereed journal by the end of the grant period, or a committee of three faculty members (including the faculty sponsor, as the principal investigator of the grant) has determined and certified to HUD that the manuscript is of high quality and worthy of submission to conferences or journals, and two copies of the research product are submitted to HUD in their final version. 4. Doctoral Dissertation Research Grant (DDRG) Program Six thousand dollars of the grant funds will be held until the doctoral student's dissertation has been completed, approved by the committee, and two final copies are submitted to HUD. 5. Institutions that have had previously awarded grants under these programs terminated for non-performance and have outstanding funds owed to HUD resulting from the termination will be excluded from competition until the outstanding funds are repaid. (Applicants must comply with the Delinquent Federal Debt Requirement as defined in the General Section.) F. Other Submission Requirements 1. Application Submission and Receipt Procedure. Please read the General Section of the SuperNOFA carefully and completely for the submission and receipt procedures for all applications because failure to comply may disqualify a doctoral student's application. 2. Waiver of Electronic Submission Requirements. Please refer to Section IV.F4 of the General Section for further discussion. V. Application Review Information A. Criteria 1. Rating Factor 1 Capacity to do the Research (20 Points). In reviewing this factor, HUD will determine the extent to which: a. The student's skills and experience are relevant to the proposed research manuscript/dissertation (e.g., course work, teaching, research projects, and presentations); b. The student provides a research outline that identifies the preliminary steps that have been undertaken (e.g., literature review, research hypotheses, questions to be answered) to produce the proposed manuscript/dissertation; and c. For Early Doctoral Program Applicants only; The proposed research will help to further the student's research skills (i.e., it is relevant to the kind of projects the student will continue to work on as she/he earns his/her Ph.D.). d. For Doctoral Dissertation Research Applicants only; The doctoral student's previous research experience (e.g., graduate-level research projects, presentations at conferences, publications, etc.) is relevant to and supportive of the proposed dissertation. 2. Rating Factor 2 Need for the Research (35 Points). In reviewing this factor, HUD will determine the extent to which the proposed research manuscript/ dissertation will produce policy-relevant information that is directly related to HUD's research priorities and/or annual goals and objectives (i.e., the research that will be produced could have an effect on HUD's strategic goals and programs and policies to achieve these goals). The more direct the relationship is between the doctoral student's manuscript/dissertation and one of these topics, the higher number of points awarded. For example a study of minorities' housing choice decisions would have high relevance to HUD's strategic goals; a study of transportation inequities would have medium relevance; and a study of the effects of global warming on urban development would have low relevance. For a full list and explanation of the research priorities and/or annual goals, please refer to the General Section. 3. Rating Factor 3 Soundness of Approach (35 Points). This factor addresses the quality and effectiveness of the proposed research design and methodology and the actions regarding HUD's policy priorities. This factor will be evaluated based on the extent to which the proposed work plan will demonstrate the following: a. Quality of Research (33 Points). (1) The research design and methodology proposed is likely to produce data and information that will successfully answer the research hypothesis; and (2) The methodology proposed is sound and generally accepted by the relevant research community and is in line with research already completed or existing publications in the field as they relate to the scholarly standard for the research questions. b. HUD Policy Priorities (2 Points). An important purpose of these programs is [[Page 13769]] to fund research that may impact federal problem solving and policymaking and is relevant to HUD's policy priorities and annual goals and objectives. (See General Section for further discussion). HUD encourages doctoral students to undertake research that will assist the Department in implementing its policy priorities and which help the Department achieve its goals and objectives in FY 2006. In addressing this factor, HUD will evaluate the extent to which the research will further and support HUD's priorities. The quality of a student's response to one or more of HUD's priorities will determine the score a doctoral student can receive. Students must describe how each policy priority they selected will be addressed. Students who just list a priority will receive no points. Each policy priority addressed has a value of one point with the exception of the policy priority to remove regulatory barriers to affordable housing, which has a point value of up to 2 points. The total number of points available to students who address policy priorities is two. It is up to the student to determine which of the policy priorities they elect to address to receive the available 2 points. To receive points for efforts to remove regulatory barriers to affordable housing, a student must submit a completed questionnaire (HUD-27300) ``HUD's Initiative on Removal of Regulatory Barriers'' found in the General Section along with required documentation. This form is part of the electronic application and is constructed to permit the required documentation to be attached to the electronic form. For the full list and explanation of each policy priority, please refer to the General Section. 4. Rating Factor 4 Issuance of the Research Product (10 Points) In reviewing this factor, HUD will determine the following: a. For Early Doctoral Program Applicants only. The extent to which the proposed research manuscript will be completed within the grant performance period and be suitable for presentation at a conference or publication in a refereed journal. b. For Doctoral Dissertation Program Applicants only. The extent to which the proposed research can feasibly be prepared and delivered to HUD by the end of the grant performance period. c. Students must demonstrate the feasibility of completing their research within the grant performance period by providing the following information: (1) Major tasks involved in completing the proposed research; (2) Indicate the sequence in which these tasks will be performed; and (3) Identify any key individuals responsible for carrying out any proposed activities. The sequence and duration of this effort should be presented in quarterly (3 month) intervals for the entire life of the grant (use of a milestone chart to present this information is recommended). (4) Efforts on the part of the doctoral student who proposes extremely complex and time-consuming data collection efforts (e.g., major longitudinal studies or a very large number of site visits within the grant period) will be determined less feasible for completion within the allotted grant performance period. For example, if the proposed methodology is based on information that may not be publicly available until after the end of the grant period (e.g., Census information), or a data collection plan that will take longer than the allotted grant performance period is proposed, zero points will be awarded for this factor. (5) HUD will also evaluate the student's plan to disseminate the research through other means (e.g., seminars, university publications, or relevant electronic means). B. Review and Selection Process 1. Application Selection Process Two types of reviews will be conducted: a. A threshold review to determine an applicant's basic eligibility; and b. A technical review for all applications that pass the threshold review to rate and rank the application based on the ``Rating Factors'' listed in Section V.A above. Only those applications that pass the threshold review will receive a technical review and be rated and ranked. 2. Rating Panels To review and rate applications, HUD may establish panels which may include experts or consultants not currently employed by HUD. These individuals may be included to obtain certain expertise. 3. Ranking In order to be funded, an application must receive a minimum score of 75 points out of a possible 100 for Factors 1 through 5. The RC/EZ/ EC-II communities, two bonus points described in the General Section, do not apply to this NOFA. HUD will fund applications under each program in rank order, until all available program funds are awarded. If two or more applications have the same number of points, the application with the higher points for Factor 1, Capacity to do the Research, shall be selected. If there is still a tie, the application with the higher points for Factor 2, Need for the Research, shall be selected. HUD reserves the right to reduce the amount of funding requested in order to fund as many highly ranked applications as possible. Additionally, if funds remain after funding the highest ranked applications, HUD may fund part of the next highest-ranking application. If an applicant turns down the award offer, HUD will make the same determination for the next highest-ranking application. 4. Correction to Deficient Applications The General Section provides the procedures for correction to deficient applications. C. Anticipated Announcement and Award Dates Announcements of awards are anticipated on or before September 30, 2005. VI. Award Administration Information A. Award Notices After all selections have been made, HUD will notify all winning applicants in writing. HUD may require winning applicants to participate in additional negotiations before receiving an official award. For further discussion on this matter, please refer to the General Section. B. Administrative and National Policy Requirements For additional information regarding these requirements, please refer to the General Section. 1. Debriefing. The General Section provides the procedures for requesting a debriefing. All requests for debriefings must be made in writing and submitted to Armand Carriere; Office of University Partnerships; Robert C. Weaver Federal Building; 451 Seventh Street, SW., Room 8106; Washington, DC 20410. Applicants may also write to Mr. Carriere via e-mail at [email protected]. 2. Environmental Requirements. The provision of assistance under these programs is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and not subject to compliance actions for related environmental authorities under 24 CFR 50.19(b)(1) and (b)(9). 3. Administrative. Grants awarded under this NOFA will be governed by the provisions of 24 CFR part 84 (Grants and Agreements with Institutions of [[Page 13770]] Higher Education, Hospitals and Other Non-Profit Organizations), A-21 (Cost Principles for Educational Institutions) and A-133 (Audits of States, Local Governments, and Non-Profit Organizations). Applicants can access the OMB circulars at the White House Web site at: www.whitehouse.gov/omb/circulars/index.html. C. Reporting Requirements All recipients of grant funds for programs in this NOFA are required to submit a report, halfway through the grant period, on the progress to date that has been made toward completion of the research product and the likelihood that it will be completed on time. HUD requires that funded recipients collect racial and ethnic beneficiary data. HUD has adopted the Office of Management and Budget's Standards for the Collection of Racial and Ethnic Date. In view of these requirements, applicants should use form HUD-27061, Racial and Ethnic Date Reporting Form or a comparable form, or a comparable electronic data system for this purpose. VII. Agency Contacts Doctoral students may contact Armand Carriere, Office of University Partnerships at (202) 708-3061, extension 3181 or Susan Brunson at (202) 708-3061, extension 3852. Persons with speech or hearing impairments may call the Federal Information Relay Service TTY at 800- 877-8339. Except for the ``800'' number, these telephone numbers are not toll-free. Students may also reach Mr. Carriere via the Internet at [email protected] and/or Ms. Brunson at Susan--S.-- [email protected]. VIII. Other Information Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2528-0216 (for the Early Doctoral Student Research Grant Program) and 2528-0213 (for the Doctoral Dissertation Research Grant Program). In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 44 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports, and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. BILLING CODE 4210-32-P [[Page 13771]] [GRAPHIC] [TIFF OMITTED] TN21MR05.099 [[Page 13772]] [GRAPHIC] [TIFF OMITTED] TN21MR05.100 [[Page 13773]] [GRAPHIC] [TIFF OMITTED] TN21MR05.101 [[Page 13774]] Community Development Work Study Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Policy Development and Research, Office of University Partnerships B. Funding Opportunity Title: Community Development Work Study Program (CDWSP). C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register Number for this Notice of Funding Availability (NOFA) is FR-4950-N-08. The OMB approval number for this program is 2528-0185. E. Catalog of Federal Domestic Assistance (CFDA) Number: The CFDA Number for this program is 14.512. F. Dates: The application submission date is May 18, 2005. Please be sure to read the General Section for electronic application submission and receipt requirements. G. Additional Overview Content Information: 1. Purpose of the Program: The Community Development Work Study Program (CDWSP) funds two-year grants to accredited institutions of higher education, Area Planning Organizations (APOs), and states applying on behalf of institutions to provide assistance to economically disadvantaged and minority graduate students who participate in a community development work study program. Students must be U.S. citizens or lawful permanent residents (recipient of an Alien Registration Recipient Card-Form I-551, commonly referred to as a Green Card) and enrolled full-time in a graduate community building academic degree program. Grants will cover the academic period August 2005 through August 2007. 2. Award Information: In Fiscal Year (FY) 2005, approximately $2.8 million has been made available for this program, plus $391,144 in previously unobligated FY 2004 funds. The grant performance period is two years (24 months). The performance period will commence on the effective date of the grant agreement. Institutions may request no more than $15,000 per year per student for a total of $30,000 for a two-year (24 months) grant performance period. The minimum number of students that can be assisted under this program per participating institution is three. The maximum number of students that can be assisted under this program per participating institution is five. The maximum amount an institution can request for funding is $150,000. 3. Eligible Applicants: Organizations are eligible if they are: a. An accredited institution of higher education recognized by the U.S. Department of Education that offers a graduate degree in a community development academic program; b. An Area Planning Organization (APO) (Additional information and locations of APOs can be accessed at the following Web site, http:// www.narc.org.) applying on behalf of two or more eligible accredited institutions recognized by the U.S. Department of Education that offer a graduate degree in a community development academic program. These institutions must also be located in the same Standard Metropolitan Statistical Area (SMSA) or non-SMSA as the APO (in accordance with the regulations at 24 CFR 570.415, institutions of higher education are permitted to choose whether to apply independently or through an APO); or c. A state applying on behalf of two or more eligible accredited institutions recognized by the U.S. Department of Education that offer a graduate degree in a community development academic program and that are located in the state. Full Text of Announcement I. Funding Opportunity Description The Community Development Work Study Program (CDWSP) funds two-year grants to accredited institutions of higher education, Area Planning Organizations (APOs), and states applying on behalf of institutions to provide assistance to economically disadvantaged and minority graduate students who participate in a community development work study program. A. Authority HUD's authority for making funding available under this NOFA is Section 107(c) of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.). Regulations for the program appear at 24 CFR 570.415. B. Modifications Listed below are major modifications to the Fiscal Year (FY) 2004 program-funding announcement: 1. Applicants are required to submit their application electronically via the following Web site: http://www.grants.gov/Apply. Read the General Section for further information regarding submitting your application electronically. 2. The procedure for institutions to apply for funding under this NOFA has changed. See Section III.A. of this NOFA for details. 3. If an applicant is an APO or State the application narrative must not exceed 85 pages in length including any supplemental photocopies or excerpts from official publications of the educational institution or department (excluding forms and assurances, Executive Summary, agreements and letters). C. Program Definitions 1. Area Planning Organizations (APO)--An organization authorized by law or by interlocal agreement to undertake planning and other activities for a metropolitan or non-metropolitan area. For an organization operating in a non-metropolitan area to be considered an APO, its jurisdiction must cover at least one county. Additional information and locations of APOs can be accessed at the following Web site http://www.narc.org. 2. Economically disadvantaged and minority students--Students who satisfy all applicable guidelines established at the participating institution to measure financial need for academic scholarship or loan assistance, including, but not limited to, students who are Black, American Indian/Alaskan Native, Hispanic, or Asian/Pacific Island, and including students with disabilities. 3. Student--An individual enrolled in an eligible full-time academic program. He/she must be a first-year student in a two-year graduate program. Students enrolled in Ph.D. programs are ineligible. II. Award Information In Fiscal Year (FY) 2005, approximately $2.8 million, plus $391,144 in previously unobligated FY 2004 funds is made available under this NOFA. Institutions may request no more than $15,000 per year per student for a total of $30,000 for a two-year (24 months) grant performance period. The performance period will commence on the effective date of the grant agreement. The minimum number of students that can be assisted per participating institution is three. The maximum number of students that can be assisted under this program is five per participating institution. The maximum amount of funding an institution can request is $150,000. III. Eligibility Information A. Eligible Applicants Organizations are eligible if they are: 1. An accredited institution of higher education recognized by the U.S. [[Page 13775]] Department of Education that offers a graduate degree in a community development academic program; 2. An APO (Additional information and locations of APOs can be accessed at the following Web site, http://www.narc.org.) applying on behalf of two or more eligible accredited institutions recognized by the Department of Education that offer a graduate degree in a community development academic program. These institutions must also be located in the same Standard Metropolitan Statistical Area (SMSA) or non-SMSA as the APO (in accordance with the regulations at 24 CFR 570.415, institutions are permitted to choose whether to apply independently or through an APO); or 3. A state applying on behalf of two or more eligible accredited institutions recognized by the Department of Education that offer a graduate degree in a community development academic program that are located in the state. 4. Accredited institutions located in a state may apply independently even if the state is applying. However, if the institution is also included in the application of the State or APO then the separate individual application from that institution will be disregarded. Additionally, if an institution is included in the application of both an APO and a State, then the reference to the institution in the application of the State will be stricken. The State's application will then be ineligible if fewer than two institutions remain as participants in the State's application. B. Cost Sharing or Matching None Required. C. Other Audit Requirements Applicants must ensure that their most current A-133 audit is on file at the Federal Audit Clearinghouse. (Applicants are not required to submit a copy of the audit with the application.) Grantees that expend $500,000 or more in federal financial assistance in a single year (this can be program year or fiscal year) must be audited in accordance with the OMB requirements as established in 24 CFR Part 84. Additional information regarding this requirement can be accessed at the following Web site: http://harvester.census.gov/sac. 2. Threshold Requirements Applicable to All Applicants All applicants must comply with the threshold requirements as defined in the General Section and the requirements listed below to be evaluated, rated, and ranked. Applications that do not meet these requirements will be considered ineligible for funding and will be disqualified: a. The applicant must meet the eligible requirement as defined in Section III.A, Eligible Applicants. b. Applicants must comply with all statutory and regulatory requirements applicable to this program. CDWSP regulations can be found at 24 CFR 570.415. Copies of the regulations are available on request from http://www.HUDUSER.org. c. An eligible community building academic program includes, but is not limited to, accredited graduate degree programs in community and economic development, community planning, community management, community organizing, public administration, public policy, urban economics, urban management, and urban planning. d. The minimum number of students that may be assisted per participating institution is three. If an APO or state receives assistance for a program that is conducted by two or more institutions, each participating institution must have a minimum of three students per program. The maximum number of students that can be assisted under this program is five per participating institution. The applicant may request no more than $150,000 for award. e. Only one application can be submitted per institution. If multiple applications are submitted, all will be disqualified. If a single institution application is also included in the application of an APO or state, then the individual application of the institution will be disregarded. Additionally, if an institution is included in the application of both an APO and a state, then the reference to the institution in the application of the state will be stricken. The state's application will then be ineligible if fewer than two institutions remain as participants in the state's application. f. Applicants must receive a minimum score of 75 points to be considered for funding. g. An applicant must have a DUNS Number to receive HUD grant funds. (The General Section provides information regarding the DUNS requirement.) h. Electronic applications must be received by Grants.gov no later than 11:59:59 p.m. eastern time on May 18, 2005. See the General Section for information on application submission and timely receipt requirements. 3. Program Requirements In addition to the standard requirements listed in Section III.C of the General Section, applicants must meet the following program requirements: a. All funds awarded under this program must be spent during a two- year (24 months) grant performance period. b. Applicants must have on file a signed agreement with each student that covers the purpose of the work placement, responsibilities of both parties, including financial support and work components. This agreement should also address the student's responsibilities as described in the program regulations that can be found at 24 CFR 570.415. c. Applicants must have on file a signed agreement with each work placement agency that covers the purpose of the work placement, and the respective roles of all parties. Among other matters determined to be appropriate, this agreement should address the work placement agency's responsibilities described in the program regulations that can be found at 24 CFR 570.415. d. Where the recipient is an APO or State, the recipient and each participating institution must execute a written agreement incorporating their mutual responsibilities under the CDWSP program. Applicants must have on file a copy of all executed agreements. (Note: HUD does not provide a model or sample format for any of these agreements). IV. Application and Submission Information A. Address to Request Application Package Applicants may download the instructions to the application found on the grants.gov Web site at http://www.Grants.gov/Apply. The instructions contain the General Section and Program Section of the published NOFA as well as forms that you must complete and attach as a zip file to your application submission. If you have difficulty accessing the information you may call the Grants.gov Support desk toll free 800-518-GRANTS or e-mail your questions to Grants.gov">Support@Grants.gov. The Support Desk staff will assist you in accessing the information. Please remember that you must be registered to submit an application utilizing Grants.gov. Your registration allows you to electronically sign the application and enables Grants.gov to authenticate that the person signing the application has the legal authority to submit the application on behalf of the applicant. Please see the General Section for information regarding the registration [[Page 13776]] process or ask for registration information from the Grants.gov Support Desk. Please be aware that the registration process is a separate process from requesting e-mail notification of funding opportunities or downloading the application and should be done as soon as you download the application from the grants.gov Web site. If you are not sure if you are already registered, the Grants.gov Support Desk can assist in verifying whether you are registered. B. Content and Form of Application Submission 1. Forms The following forms are required for submission. Copies of these forms are included in Appendix A of the General Section. All required forms are contained in the electronic application package. a. Application for Federal Assistance (SF-424); b. Survey of Ensuring Equal Opportunity for Applicants (SF-424 Supplement); c. Disclosure of Lobbying Activities (SF-LLL); d. America's Affordable Communities Initiative (HUD-27300), if applicable; e. Applicant/Recipient Disclosure/Update Report (HUD-2880); f. Program Logic Model (HUD-96010); g. Community Development Work Study Program Student Data Sheets Budget (HUD-30007); h. Community Development Work Study Program Student Budget Sheet (HUD-30015); i. Budget Cover Sheet for State/Area-Wide Planning Organizations Budget Summary Sheet (HUD-30014) if applicable only for states and APOs; and j. Client Comments and Suggestions (HUD-2994). This form is included to solicit information from the most valuable source, the applicant. The changes that we have instituted this year are designed to make things easier for the applicant. If applicants complete and submit this form, it will help HUD to assess whether the changes made to this document have had the intended results. It will also guide us in our continuing efforts to improve the competitive grant process. Applicants are not required to complete this form; k. Acknowledgement of Applicant Receipt (HUD-2993). Only applicants that do not submit electronic application need to include this form with their application. Please complete this form if you have received a waiver to the electronic application submission requirement. Applicants are not required to include this form, but it is recommended that they do so; and l. Facsimile Transmittal Cover Page (HUD 96011). This form must be used as part of the electronic application to transmit third party documents and other information as described in the General Section as part of your electronic application submittal (if applicable). Applicants are advised to download the application package, complete the SF-424 first and it will pre-populate the Transmittal Cover page. The Transmittal Cover page will contain a unique identifier embedded in the page that will help HUD associate your faxed materials to your application. Please download the cover page and then make multiple copies to provide to any of the entities responsible for submitting faxed materials to HUD on your behalf. 2. Certifications and Assurances. Please read the General Section for detailed information on all the Certifications and Assurances. All applications submitted through Grants.gov constitute an acknowledgement and agreement to all required certifications and assurances. Please include in your application each item listed below. Applicants submitting paper copy applications should submit the application in the following order: a. SF-424, Application for Federal Assistance. Please remember the following: (1) The full grant amount for the entire two years should be entered, not the amount for just one year; (2) Include the name, title, address, telephone number, facsimile number, and e-mail address of the designated contact. This is the person who will receive the reviewers' comments; therefore, please ensure the accuracy of the information; (3) The Employer Identification/Tax ID; (4) The DUNS Number; (5) The Catalog of Federal Domestic Assistance Number for this program is 14.512; (6) The project's proposed start date and completion date. For the purpose of this application, the program start date should be September 1, 2005; and (7) The signature of the Authorized Organization Representative (AOR) who has been authenticated by the credential provider to submit applications via Grants.gov. The AOR must be able to make a binding legal agreement with HUD. See the General Section for instructions and requirements for Registration with Grants.gov. b. Application Checklist. Applicants should use the checklist to ensure that they have all the required components of their application. Applicants receiving a waiver of the electronic submission must include the completed checklist in their application. Applicants submitting an electronic application do not have to submit the checklist in their application. The checklist can be found in the NOFA (See Attachment A). c. Executive Summary. Applicants must include an Executive summary that is no more than three pages in length. The Executive Summary must, at a minimum, describe: (1) The academic degree programs for which the students will be selected; (2) The type of work placement agencies (including specific examples) that have committed to participate in the program (students cannot be placed at a federal government agency); (3) The plans and resources/facilities for administering the program and assisting students to pursue post-academic or community building opportunities; and (4) The contact person and the address where correspondence and all other information should be sent. If this is not included, all information will be forwarded to the address and the official named on the Form SF-424. d. Designation of Applicable Graduate Degree Program(s) Form HUD- 30013 (Community Development Work Study Program Designation of Applicable Graduate Academic Degree Program). Review carefully the regulations that can be found at 24 CFR 570.415 dealing with eligible types of degree programs before completing this form. If the proposed program is other than one listed as an eligible degree program, please contact Madlyn Wohlman-Rodriguez for additional guidance. See Section VII below for contact information. e. Narrative statement addressing the Rating Factors. HUD will use the narrative response to the ``Rating Factors'' to evaluate, rate, and rank applications. The narrative statement is the main source of information. Applicants are advised to review each factor carefully for program specific requirements. The response to each factor should be concise and contain only information relevant to the factor, but detailed enough to address each factor fully. Please do not repeat material in response to the five factors; instead, focus on how well the proposal responds to each of the factors. In factors where there are subfactors, each subfactor must be presented separately, with the short title of the subfactor presented. Make sure to address each subfactor and provide sufficient information about every element of each subfactor. The application narrative [[Page 13777]] must not exceed 50 pages in length including any supplemental photocopies or excerpts from official publications of the educational institution or department (excluding forms and assurances, Executive Summary, agreements and letters) unless the applicant is an APO or State. If an applicant is an APO or State the application narrative must not exceed 85 pages including any supplemental photocopies or excerpts from official publications of the educational institution or department (excluding forms and assurances, Executive Summary, agreements and letters). Each page of the narrative must be numbered and include the applicant's name. Please note that although submitting pages in excess of the page limit will not disqualify an applicant, HUD will not consider the information on any excess pages. This exclusion may result in a lower score or failure to meet a threshold requirement. f. Budget. Use the budget form HUD-30015 (Community Development Work Study Program Student Budget Sheet) for the August 2005 through August 2007 funding period. An APO or State must also complete the HUD- 30014 (Community Development Work Study Program State/Area Planning Organization Budget Summary). Please provide any necessary back-up documentation (e.g., pages from course catalogues listing the fees) to demonstrate concisely that the amounts requested are reasonable and customary. Applicants are not required to submit documentation for the administrative allowance amount. Any anticipated increases to these project costs should be included and an explanation for the basis of the increases provided. If documentation is not included, the award amount will be based on current tuition rates, regardless of any subsequent tuition increase. HUD will not increase the amount of the grant once awarded to reflect any tuition or fee increases that have not been set forth in the application. Also, HUD will not cover any costs exceeding the per-student maximum. g. Appendix. Applicants receiving a waiver of the electronic submission requirements and submitting a paper copy of the application must place all letters of support, agreements, and other required forms in this section. For applicants submitting electronic applications, please refer to Section IV.F of the General Section for instructions on how third party documents are to be submitted to HUD using the electronic submission process. An applicant should not submit general support letters, resumes, or other back-up materials. If this information is included, it will not be considered during the review process. The additional items will also slow the transmission of your application. C. Submission Dates and Times A complete application package must be received electronically by the Grants.gov portal no later than 11:59:59 p.m. eastern time on or before May 18, 2005. Applications may be submitted in advance of the submission date. Electronic faxes using the Facsimile Transmittal (Form HUD 96011) cover sheet contained in the electronic application may be submitted prior to the application submission date and must be received no later than 11:59:59 p.m. eastern time on the application submission date. Please see Section IV.F of the General Section for electronic application submission instructions and timely receipt requirements. D. Intergovernmental Review This program is excluded from an Intergovernmental Review. E. Funding Restrictions Funding may only be provided to applicants that meet the standards for eligible applicants defined in Section III. F. Other Submission Requirements 1. Application Submission and Receipt Procedure. Please read the General Section carefully and completely for the electronic submission and receipt procedures for all applications because failure to comply may disqualify your application. 2. Waiver of Electronic Submission Requirements. Please refer to Section IV.F. of the General Section for further discussion. V. Application Review Information A. Criteria 1. Rating Factor 1: Capacity of the Academic Program and Relevant Past Experience (25 Points) This factor addresses the extent to which an applicant's academic program has the capacity to prepare students for careers in community building. In evaluating this factor, HUD will consider: a. Capacity of the Academic Program. For First Time Applicants (20 Points). For Previously Funded Applicants (15 Points). Applicants must describe the quality of the academic program the institution offers (or in the case of an application from an APO or state, those offered by the institutions included in the application) including, without limitation, the following: (1) The course offerings in terms of their depth and emphasis on applied coursework; and (2) Qualifications of the faculty, such as the number of relevant Ph.D.s, specific accomplishments and the percentage of their time devoted to teaching and research in community building. As a supplement to the narrative response, applicants can include photocopies of excerpts from official publications of the educational institution or department. Please make sure to place these documents after the narrative and include them in the page count. For applicants submitting electronic applications, please refer to Section IV.F of the General Section for instructions on how third party documents are to be submitted to HUD using the electronic submission process. b. Rates of Graduation. For First Time Applicants (5 Points). For Previously Funded Applicants (10 Points). HUD will evaluate the graduation rates of students previously enrolled in a community building academic degree program, specifically (where applicable), graduation rates from any previously funded CDWSP academic programs or similar programs. This factor measures the rate of graduation for all applicable years and awards points based on the extent to which the applicant exceeds a 50 percent graduation rate each applicable year. Previously funded CDWSP programs should include copies of the final Community Development Work Study Program Student Data Sheet, HUD-30007, for each previously enrolled student who received assistance from the program in the last six years. These documents must be submitted electronically. 2. Rating Factor 2: Need for the Program (10 Points). This factor addresses the extent to which there is a need for funding the proposed program activities and an indication of the importance of meeting the need. In responding to this factor, HUD will evaluate the applicant's commitment to meeting the needs of economically disadvantaged and minority students as demonstrated by the institution's policies and plans, past efforts and successes recruiting, enrolling, and financially assisting economically disadvantaged and minority students, including the provision of reasonable accommodations for students with disabilities. If the applicant is an APO or state, HUD will consider the demonstrated commitment of each accredited institution of higher [[Page 13778]] education on whose behalf the APO or state is applying. 3. Rating Factor 3: Soundness of Approach (45 Points) This factor addresses the quality and effectiveness of the proposed student work placement assignments. a. Quality of the Work Placement Assignments (13 Points). HUD will evaluate the extent to which participating students will receive a variety of work placement assignments. (Note: Students cannot be placed with a federal government agency.) The assignments should provide practical and useful experience to students participating in the program and further the participating students' preparation for professional careers in community building. In rating this subfactor, HUD will consider the variety of work placement agencies, and the variety of projects/experiences at each agency and overall. Applicants must also include a description of the plan for rotating students among work placement agencies. In addition, for each placement applicants must outline the educational objectives of the placement, the nature of the supervision, the standard of evaluation, and the student's commitment under the work placement agreement. Note: Students engaging in community building projects through an institution of higher education (rather than being directly supervised by local work placement sites) may do so only through a HUD-funded Community Outreach Partnership Center (COPC), which will be considered a work placement agency even if the community building projects are undertaken with or through a separate organization or entity. Accordingly, students engaging in community building through an institution of higher education's outreach center should do so during only part of their academic program and should rotate to other work placement agency responsibilities as well. In order to receive higher points on this subfactor, applicants must propose at least three different work placement experiences for each student (typically, one each school year and one during the summer between the two school years) and include executed agreements with their proposed work study sites, rather than just listing the sites. b. Effectiveness of Program Administration (15 Points). HUD will evaluate the degree to which the applicant will be able to effectively coordinate and administer the program. HUD will allocate the maximum points available under this criterion equally among the following three considerations, except that the maximum points available under this criterion will be allocated equally only between (1) and (2), if the applicant has not previously administered a CDWSP-funded program. If an applicant received a CDWSP grant in FY 2001 or before and has not received one since, the applicant is considered a new applicant for the purposes of this factor. Applicants must include a Management Work Plan (it should be included under this subfactor) that addresses the following details at a minimum: (1) The strength and clarity of the plan for placing CDWSP students on rotating work placement assignments and for monitoring CDWSP students' progress both academically and in their work placement assignments. In addition, include plans, procedures, schedules, and preferably a milestone chart that indicates the sequence in which these tasks will be performed, noting areas of work that will be performed simultaneously and continually during the life of the grant, along with the name of the responsible individual. Also, include plans for recruiting and selecting students, monitoring and guidance of students academic progress, coordinating and monitoring student work placement agencies, and other matters deemed significant; (2) The key personnel responsible for administering, managing, and evaluating the project; the experience, responsibilities, available time, and authority of the individual who will coordinate and administer the program; and (3) The effectiveness of prior coordination and administration of a CDWSP-funded program, where applicable. In addressing this factor, applicants should describe the timeliness of report submissions. Applicants should review their prior CDWSP grant agreements and reports and compare when reports were due with when the reports actually were submitted. Applicants should also describe their timeliness in expending grant funds. Applicants are encouraged to provide a chart that outlines report submissions for each grant by the submission date and the pattern of drawing down of funds. HUD will also review an applicant's past performance in managing funds, including, but not limited to: the ability to account for funding appropriately; timely use of funds received from HUD; and meeting performance targets for completion of the grant. In evaluating past performance, HUD reserves the right to deduct up to five points from this rating score as a result of the information obtained from HUD's records (i.e., progress reports, including Logic Model submissions, amendments and financial reports), including the timely submission of required progress reports. c. Likelihood of Fostering Students' Permanent Employment in Community Building (15 Points). HUD will evaluate the extent to which the proposed program will lead participating students directly and immediately to permanent employment in community building. Include a statement that describes, at a minimum, the following: (1) Past success (in the last four years) in placing graduates (particularly CDWSP-funded and similar program graduates, where applicable) in permanent employment in community building; and (2) How the institution will assist students (particularly students in CDWSP-funded and similar programs, where applicable) in finding permanent employment in community building. Include the amount/type of faculty/staff time and institutional resources that will be devoted to assisting students. d. HUD Policy Priorities (2 Points). HUD encourages applicants to undertake specific activities that will assist the Department in implementing its policy priorities and which will help the Department achieve its goals and objectives in FY 2006, when the majority of grant recipients will be reporting programmatic results and achievements. In addressing this subfactor, HUD will evaluate the extent to which an applicant will provide students with work place assignments that undertake specific activities that will further and support HUD's priorities. The quality of the responses provided to one or more of HUD's priorities to determine the score an applicant can receive. Applicants must describe how each policy priority selected will be addressed. Applicants that just list a priority will receive no points. Each policy priority addressed has a point value of one point with the exception of the policy priority to remove regulatory barriers to affordable housing, which has a point value of up to 2 points. The total number of points available to applicants that address policy priorities is 2. It is up to the applicant to determine which of the policy priorities they elect to address to receive the available 2 points. To receive points for efforts to remove regulatory barriers to affordable housing, an applicant must submit the completed questionnaire (HUD-27300) ``HUD's Initiative on Removal of Regulatory Barriers'' found in the General Section along with required documentation. The form is part of the electronic application and is constructed to permit the required documentation to be attached to the [[Page 13779]] electronic form. For the full list and explanation of each policy priority, please refer to the General Section. 4. Rating Factor 4: Leveraging Resources (10 points). HUD will evaluate the applicant's commitment and ability to assure that CDWSP students will receive sufficient financial assistance above and beyond the CDWSP funding to complete their academic program in a timely manner and without working in excess of 20 hours a week during the school year. When addressing this issue, delineate the full costs budgeted annually per student (including living expenses, fees, etc), explain the basis for the budget and how the financial assistance package offered to each CDWSP student will meet that budget. Applicants must explain how variations in the budget needs and emergency financial needs will be addressed among students. Loans are less preferred than grants because of the burden placed on the student to repay them. Therefore, higher points will be given to applicants that provide assistance in the form of grants rather than loans. 5. Rating Factor 5: Achieving Results and Program Evaluation (10 Points). This factor reflects HUD's goal to embrace high standards of management and accountability. It measures the applicant's commitment to assess their performance to achieve the project's proposed objectives and goals. Applicants are required to develop an effective, quantifiable, outcome-oriented evaluation plan for measuring performance and determining that objectives and goals have been achieved. The Logic Model is a summary of the narrative statements presented in Factors 1-4. Therefore, the information submitted on the Logic Model form should be consistent with the information contained in the narrative statements. ``Outcomes'' are benefits accruing to students in the program. Applicants must clearly identify the outcomes to be measured and achieved. Examples of outcomes include the number of students that complete the program and/or the number of students that obtained full- time employment. In addition, applicants must establish interim benchmarks and outputs that lead to the ultimate achievement of outcomes. ``Outputs`` are the direct products of the program's activities. An example of output is the number of placements a student has during the course of the grant. Outputs should produce outcomes for the program. All performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Applicants must also describe the steps that will be taken to make adjustments to the work plan if performance targets are not met within the established time frame associated with each activity. At a minimum, the evaluation plan should address the following activities: a. Student recruitment; b. Student completion of degree program; and c. Long-term placement after graduation (1 year after graduation). This information must be placed under this section on a HUD-96010, Program Outcome Logic Model form. Applicants may submit as many copies of this form as required. It will not be included in the page count requirement. A narrative is not required for this factor. However, if a narrative is provided, those pages will be included in the page count. Additional information on how to use this form can be found in the General Section. B. Review and Selection Process 1. Application Selection Process Two types of reviews will be conducted. a. A threshold review to determine an applicant's basic eligibility; and b. A technical review based on the ``Rating Factors'' listed above. Only those applications that pass the threshold review will receive a technical review and be rated and ranked. 2. Rating Panels To review and rate applications, HUD may establish panels which may include persons not currently employed by HUD. These individuals may be included to obtain certain expertise. 3. Ranking HUD will fund applications in rank order, until all available program funds are awarded. In order to be funded, an application must receive a minimum score of 75 points. The maximum number of points available for this program is 100. The RC/EZ/EC-II communities, two bonus points described in the General Section, do not apply to this program. HUD may make awards out of rank order to achieve geographic diversity, and may provide assistance to support a number of students that is less than the number requested under an application or a lower funding level per student, in order to provide assistance to as many highly ranked applications as possible. If there is a tie in the point scores of two applications, the rank order will be determined by the scores on Rating Factor 3 entitled ``Soundness of Approach.'' The application with the higher points on this factor will be given the higher rank. If there is still a tie, the rank order will be determined by the applicant's scores on Rating Factor 1 entitled ``Capacity of the Applicant's Academic Program and Relevant Past Experience.'' The application with the most points for this selection factor will be given the higher rank. If there is still a tie, the application with the most points for Factors 2, 4, and then 5 shall be selected in that order until the tie is broken. HUD reserves the right to make selections out of rank order to provide for geographic distribution of grantees. HUD also reserves the right to reduce the amount of funding requested in order to fund as many highly ranked applications as possible. Additionally, if funding remains after all selections have been made, the remaining funds will be carried over to the next funding cycle. 4. Correction to Deficient Applications The General Section provides the procedures for correction to deficient applications. C. Anticipated Announcement and Award Dates Announcements of awards are anticipated on or before September 30, 2005. VI. Award Administration Information A. Award Notice After all selections have been made, HUD will notify all winning applicants in writing. HUD may require winning applicants to participate in additional negotiations before receiving an official award. For further discussion on this matter, please refer to the General Section. B. Administrative and National Policy Requirements For information regarding these requirements, please refer to Section VI.B in the General Section. 1. Debriefing The General Section provides the procedures for requesting a debriefing. All requests for a debriefing must be made in writing and submitted to Madlyn Wohlman-Rodriguez, Office of University Partnerships; Robert C. Weaver Federal Building; 451 Seventh Street, SW., Room 8106; Washington, DC 20410-6000. Applicants may also write to Ms. Wohlman-Rodriguez at [email protected]. 2. Administrative Grants awarded under this NOFA will be governed by the provisions of 24 CFR [[Page 13780]] part 84 (Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations), A-21 (Cost Principles for Educational Institutions) and A-133 (Audits of States, Local Governments, and Non-Profit Organizations). Applicants can access the OMB circulars at the White House Web site at http://www.whitehouse.gov/ omb/circulars/index.html. 3. OMB Circulars and Government-Wide Regulations Applicable to Financial Assistance Programs The General Section provides further discussion on this matter. 4. Environmental Requirements In accordance with 24 CFR 50.19 (b)(3) and (b)(9) of the HUD regulations, activities assisted under this program are categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and are not subject to environmental review under the related laws and authorities. 5. Code of Conduct See the General Section for further discussion. C. Reporting All grant recipients under this NOFA are required to submit semi- annual progress reports. The progress reports shall consist of two components, a narrative (including forms) that must reflect the activities undertaken during the reporting period and a financial report that reflects costs incurred during the reporting period, as well as a cumulative summary. For each reporting period, as part of the required report to HUD, a grant recipient must include a completed Logic Model (HUD-96010), which identifies output and outcome achievements. HUD requires that funded recipients collect racial and ethnic beneficiary data. HUD has adopted the Office of Management and Budget's Standards for the Collection of Racial and Ethnic Data. In view of these requirements, applicants should use form HUD-27061, Racial and Ethnic Data Reporting Form or a comparable form, or a comparable electronic data system for this purpose. VII. Agency Contacts Applicants may contact Madlyn Wohlman-Rodriguez at (202) 708-3061, extension 5939 or Susan Brunson, at (202) 708-3061, extension 3852. Person with speech or hearing impairments may call the Federal Information Relay Service TTY at (800) 877-8339. Except for the ``800'' number, these numbers are not toll-free. Applicants may also reach Ms. Rodriguez via e-mail at [email protected], and/or Ms. Brunson at [email protected]. VIII. Other Information Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2528-0185. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 60 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports, and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. BILLING CODE 4210-32-P [[Page 13781]] [GRAPHIC] [TIFF OMITTED] TN21MR05.102 [[Page 13782]] [GRAPHIC] [TIFF OMITTED] TN21MR05.103 [[Page 13783]] [GRAPHIC] [TIFF OMITTED] TN21MR05.104 [[Page 13784]] [GRAPHIC] [TIFF OMITTED] TN21MR05.105 [[Page 13785]] [GRAPHIC] [TIFF OMITTED] TN21MR05.106 [[Page 13786]] [GRAPHIC] [TIFF OMITTED] TN21MR05.107 [[Page 13787]] [GRAPHIC] [TIFF OMITTED] TN21MR05.108 [[Page 13788]] Fair Housing Initiatives Program Overview Information: A. Federal Agency Name: U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity B. Funding Opportunity Title: Fair Housing Initiatives Program (FHIP) C. Announcement Type: Initial Announcement D. Funding Opportunity Number: The OMB Approval Number is: 2539- 0033. The Federal Register number for this NOFA is: FR-4950-N-18. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): Private Enforcement Initiative (PEI) 14.408; Fair Housing Organizations Initiative (FHOI) 14.408; Education and Outreach Initiative (EOI) 14.408. F. Dates: The application submission date shall be on or before May 23, 2005. Please see the General Section for information on electronic submission and timeliness requirements. G. Optional, Additional Overview Content Information 1. For FY2005, FHIP electronic applications will be available on www.Grants.gov/Find and Apply. For further instructions on electronic application submission requirements using Grants.gov, please read the General Section of the SuperNOFA. 2. FHIP funds are used to increase compliance with the Fair Housing Act (the Act) and with substantially equivalent state and local fair housing laws. Approximately $18,040,000 in FY 2005 funds and any potential recapture is allocated to three (3) initiatives as follows: a. Private Enforcement Initiative (PEI) $13,000,000 b. Education and Outreach Initiative (EOI) $3,940,000 c. Fair Housing Organizations Initiative (FHOI) $1,100,000 3. HUD expects to award a cost reimbursable cooperative agreement or grant agreement to each applicant selected for award. Upon completion of negotiations, HUD reserves the right to use the funding instrument it determines is most appropriate. 4. Eligible applicants are Qualified Fair Housing Enforcement Organizations (QFHOs) and Fair Housing Enforcement Organizations (FHOs); see 24 CFR 125.103; public or private, for-profit or not-for- profit organizations or institutions and other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices (including entities that will be established as a result of receiving an award under this FHIP NOFA); agencies of state or local governments; and agencies that participate in the Fair Housing Assistance Program (FHAP). 5. Except for applicants under FHOI and the PEI-Performance Based Funding Component (PBFC), applicants may not submit multiple applications under this NOFA. 6. Applicants awarded funding under the PEI--(PFBC) will not be eligible to submit applications for additional FHIP funding for FY 2006 and FY 2007. Applicants awarded funding under this component will be eligible to apply for funding in FY 2008. 7. If you are interested in applying for funding under the Fair Housing Initiatives Program (FHIP), please review carefully the General Section of the SuperNOFA (hereafter, the General Section), the FHIP Authorizing Statute (Sec. 561 of the Housing and Community Development Act of 1987, as amended), the FHIP Regulations (24 CFR 125.103-501). 8. For planning purposes, assume a start date no later than September 19, 2005. Full Text of Announcement I. Funding Opportunity Description Authority. Section 561 of the Housing and Community Development Act of 1987, as amended, (42 U.S.C. 3616) established the FHIP and the implementing regulations are found at 24 CFR part 125. A. FHIP Initiatives and Components The FHIP assists fair housing activities that increase compliance with the Act and with substantially equivalent fair housing laws administered by State and local government agencies under the Fair Housing Assistance Program (FHAP). 1. Private Enforcement Initiative (PEI). This Initiative assists private, tax-exempt fair housing enforcement organizations in the investigation and enforcement of alleged violations of the Act and substantially equivalent State and local fair housing laws. Under this Initiative, there are two Components, the General Component and the Performance Based Funding Component (PBFC). The PBFC is being established to award high performing enforcement organizations with continuous funding for a three-year period that will assist agencies in implementing strategic plans and developing long-term systemic investigations. 2. Education and Outreach Initiative (EOI). This Initiative assists projects that inform the public about their rights and obligations under the Act and substantially equivalent State and local fair housing laws. Applications are solicited for this Initiative under the EOI-Regional/Local/Community-Based Program (R/L/C- B)--in which activities are conducted on a regional/local/community- based level. Applicants who apply under EOI R/L/C-B may apply under one of four (4) Components, as follows: EOI-General Component; EOI Disability Component; EOI Asian/Pacific Islander Fair Housing Awareness Component; or the Minority Serving Institutions Component. All applications submitted under EOI are required to describe a complaint referral process that should result in referrals to HUD of fair housing complaints and other information regarding discriminatory housing practices. 3. Fair Housing Organizations Initiative (FHOI). This Initiative provides assistance to a project (sponsoring organization) that will establish or build the capacity of a start up fair housing organization to become a viable fair housing enforcement organization that will conduct fair housing activities in underserved areas (as defined in Section I. B.1. ``Program Definitions'' below) rural areas and/or areas with new immigrants (especially racial and ethnic minorities who are not English-speaking or have limited English proficiency.) This is accomplished with the assistance of a sponsoring organization. The sponsoring organization must submit the application and must certify that the sponsored organization has the ability to become a QFHO or FHO. The period of performance for the award of funds to assist in capacity building activities is renewable for a period of up to three years, based upon successful performance of the sponsored organization. Funds are distributed to the sponsored organization by the sponsoring organization. All fund distributions are based on the performance of both the sponsoring and the sponsored organization. B. Other 1. Program Definitions. The definitions that apply to this FHIP section of the NOFA are as follows: a. Broad-based proposals are those that include activities that are not limited to a single fair housing issue but instead, cover multiple issues related to housing discrimination covered under the Act, such as: rental, sales and financing of housing. (See also Full Service Projects below). b. Complaint means the person, including the Assistant Secretary for [[Page 13789]] Fair Housing and Equal Opportunity at HUD, who files a complaint under Section 810 of the Fair Housing Act. c. Disability Advocacy Groups means organizations that traditionally have provided for the civil rights of persons with disabilities. This would include organizations such as Independent Living Centers and cross-disability legal services groups. Such organizations must be experienced in providing services to persons with a broad range of disabilities, including physical, cognitive, and psychiatric/mental disabilities. Such organizations must demonstrate actual involvement of persons with disabilities throughout their activities, including on staff and board levels. d. Enforcement proposals are potential complaints under the Act that are timely, jurisdictional, and well-developed, that could reasonably be expected to become enforcement actions if an impartial investigation found evidence supporting the allegations and the case proceeded to a resolution with HUD or FHAP Agency involvement. e. Fair Housing Act means Title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. 3600-3620). f. Fair Housing Assistance Program (FHAP) Agencies mean State and local fair housing enforcement government agencies that receive FHAP funds because they administer laws deemed substantially equivalent to the Act, as described in 24 CFR part 115. g. Fair Housing Enforcement Organization (FHO) means an organization engaged in fair housing activities as defined in 24 CFR 125.103. h. Full-service projects must include the following enforcement- related activities in your project application: interviewing potential victims of discrimination; analyzing housing-related issues; taking complaints; testing; evaluating testing results; conducting preliminary investigations; conducting mediation; enforcing meritorious claims through litigation or referral to administrative enforcement agencies; and disseminating information about fair housing laws. i. Grassroots organizations (See General Section). j. Jurisdiction means that the complaint must be timely filed; the complainant must have standing; the respondent and the dwelling involved (where the complaint involves a provision or denial of a dwelling) must be covered by the Act; and the subject matter or issue, and the basis of the alleged discrimination, must constitute illegal practices as defined by the Act. k. Meritorious claims means enforcement activities by an organization that resulted in lawsuits, consent decrees, legal settlements, HUD and/or substantial equivalent agency (under 25 CFR 115.6) conciliations and organization initiated settlements with the outcome of monetary awards for compensatory and/or punitive damages to plaintiffs or complaining parties, or other affirmative relief, including the provision of housing (24 CFR 125.103). l. Minority Serving Institutions (See General Section). m. Operating budget means your organization's total planned budget expenditures from all sources, including the value of in-kind and monetary contributions, in the period for which funding is requested. n. Qualified Fair Housing Enforcement Organization (QFHO) means an organization engaged in fair housing activities as defined in 24 CFR 125.103. o. Regional/Local/Community-Based Activities are defined at 24 CFR 125.301(a) & (d). p. Rural Areas, eligible Rural Area means the following: (1) A non-urban place having fewer than 2,500 inhabitants (within or outside of the metropolitan areas). (2) A county or parish with an urban population of 20,000 inhabitants or less (3) Territory, including its persons and housing units, in rural portions of ``extended cities''. The Census Bureau identifies the rural portions of extended cities. (4) Open Country that is not part of or associated with an urban area. The USDA describes ``open country'' as a site separated by open space from any adjacent densely populated urban area. Open space includes undeveloped land, agricultural land, or sparsely settled areas, but does not include physical barriers (such as rivers and canals), public parks, commercial and industrial developments, small areas reserved for recreational purposes, or open space set aside for future development. (5) Any place with a population not in excess of 20,000 and not located in a Metropolitan Statistical Area. q. Traditional Civil Rights Organizations mean non-profit organizations or institutions and/or private entities with a history and primary mission of securing Federal civil rights protection for groups and individuals protected under the Act or substantially equivalent State or local laws and that are engaged in programs to reduce discriminatory housing practices. r. Underserved Areas mean jurisdictions where there are no Fair Housing Initiatives Program or Fair Housing Assistance Program agencies and where either no public or private fair housing enforcement organizations exist or the jurisdiction is not sufficiently served by one or more public or private enforcement fair housing organizations and there is a need for service. s. Underserved Populations mean groups of individuals who fall within one or more of the categories protected under the Act or who are also: (1) of an immigrant population (especially racial and ethnic minorities who are not English-speaking or limited English proficiency); (2) in rural populations, (3) the homeless, (4) persons with disabilities who can be historically documented to have been subject to discriminatory practices not having been the focus of Federal, State or local fair housing enforcement efforts, and (5) areas that are heavily impacted with minorities and there is inadequate protection and ability to provide service from the state or local government or private fair housing organizations. II. Award Information For Fiscal Year 2005, $20,000,000 is appropriated for the Fair Housing Initiatives Program (FHIP). Of this amount, approximately $18,040,000 is being made available on a competitive basis to eligible organizations responding to this FHIP program section of the SuperNOFA. The amount available for each initiative or component and the maximum amount of funds that can be awarded for each award are specified as follows: A. Private Enforcement Initiative (PEI) Approximately $13,000,000 is allocated under two Components: (1) Approximately $8,100,000 under the General Component; maximum award is $275,000 per grant, project duration is 12-18 months and (2) Approximately $4,900,000 under the Performance Based Funding Component (PBFC); the maximum award is $275,000 per year for a three-year duration (a total of $825,000), based upon appropriations. B. Education and Outreach Initiative (EOI) Approximately $3,940,000 is allocated to 4 components under this initiative for EOI, the estimated number of awards is: The maximum award is $100,000 for the R/L/CB Program and the project duration is 12-18 months. The components are as follows: [[Page 13790]] 1. EOI-General Component. Approximately $2,340,000 is allocated. 2. EOI-Disability Component. Approximately $800,000 is allocated. 3. Asian and Pacific Islander Fair Housing Awareness Component. Approximately $400,000 is allocated, and 4. Fair Housing and Minority Serving Institutions Component. Approximately $400,000 is allocated. C. Fair Housing Organizations Initiative (FHOI) Approximately $1,100,000 is allocated; project duration is three years. The maximum award is $1,100,000 allocated over a three-year period at up to $366,666 per year. For FHOI the estimated number of awards is one (1). D. Award Instrument The type of funding instrument HUD may offer a successful applicant which sets forth the relationship between HUD and the grantee will be a grant or cooperative agreement, where the principal purpose is the transfer of funds, property, services, or anything of value to the applicant to accomplish a public purpose. Upon completion of negotiations, HUD reserves the right to use the funding instrument it determines is most appropriate. The agreement will identify the eligible activities to be undertaken, financial controls, and special conditions, including sanctions for violations of the agreement. HUD will determine the type of instrument under which the award will be made and monitor progress to ensure that the grantee has achieved the objectives set out in the agreement. Failure to meet such objectives may be the basis for HUD determining the agreement to be in default and exercising available sanctions, including suspension, termination, and/ or the recapture of funds. Also HUD may refer violations or suspected violations to enforcement offices within HUD, the Department of Justice, or other enforcement authorities. If awarded as a Cooperative Agreement, HUD will also exercise the right to have substantial involvement by: conducting quarterly reviews and approval of all proposed deliverables documented in the applicant's Work Plan or Statement of Work (SOW), and determining whether the agency meets all certification and assurance requirements under the grant, cooperative agreement, etc. HUD will conduct this performance assessment, in part, by using the Logic Model submitted by the applicant and approved by HUD in the award agreement (rating Factor 5). If upon completion of this assessment by the Government Technical Representative (GTR) a determination is made that the quarterly requirements have not been met, the grantee will be obligated to provide additional information or make modifications to its work plan and activities, as necessary, in a timeframe to be established by the GTR. E. Project Starting Period For planning purposes, assume a start date no later than September 19, 2005. III. Eligibility Information A. Eligible Applicants 1. Private Enforcement Initiative (PEI) a. Eligible Applicants. Eligible applicants are fair housing enforcement organizations (FHOs) with at least one year of experience in complaint intake, complaint investigation, testing for fair housing violations, and meritorious claims in the two years prior to the filing of this application (24 CFR 125.401(b)(2)) and Qualified Fair Housing Enforcement Organizations (QFHOs) with at least two years of enforcement-related experience, as noted above, and meritorious claims in the three years prior to filing this application, (24 CFR 125.103). All applicants claiming QFHO and FHO status are required to be a 501(c)(3) tax-exempt organization and also to submit with their application a copy of its Letter of Determination from the Internal Revenue Service (IRS) in support of its 501(c)(3) tax-exempt status. Additional Requirements--PEI Performance Based Funding Component. In addition to the above, applicants to the PBFC must have received: (1) two years of excellent performance reviews for FHIP awards made in FY's 2002 and 2003; and (2) a minimum score of 95 for their most recent (FY '02 or FY '03) performance assessment received from your Government Technical Representative. b. Eligible Activities include: (1) Complaint intake of allegations of housing discrimination, testing, evaluating testing results, or providing other investigative and complaint support for administrative and judicial enforcement of fair housing laws. (2) Investigations of individual complaints and systemic housing discrimination for further enforcement processing by HUD, through testing and other investigative methods; (3) Mediation or other voluntary resolution of allegations of fair housing discrimination after a complaint has been filed; and (4) Litigating fair housing cases including procuring expert witnesses. c. Eligibility of Successor Organization. HUD recognizes that QFHOs and FHOs may merge with each other or other organizations. The merger of a QFHO or an FHO with a new organization, that has a separate Employer Identification Number (EIN), does not confer QFHO or FHO status upon the successor. To determine whether the successor organization meets the eligibility requirements for this Initiative, HUD will look at the enforcement-related experience of the successor organization (based upon the successor organization's EIN). The successor organization is not eligible to apply under this Initiative unless it establishes in its application that it is a private, tax- exempt organization with the requisite two years of enforcement related experience for a QFHO or one year experience for an FHO. 2. Education and Outreach Initiative a. Eligible Applicants. Eligible applicants are QFHOs; FHOs; public or private, for-profit or not-for-profit organizations or institutions or other public or private entities that are formulating or carrying out programs to reduce discriminatory housing practices; agencies of State or local governments; and agencies that participate in the FHAP. If you are a disability advocacy group, or an organization that partners with or substantially provides activities for grassroots, faith-based or other community-based organizations, minority universities or institutions, or traditional civil rights organizations, you are encouraged to apply under this Initiative. b. Eligible Activities: The following are eligible activities for the components under EOI: conducting educational symposia or other training; developing innovative fair housing activities or materials into languages applicable to your community throughout your project area; providing outreach and information on fair housing through printed and electronic media; developing fair housing curricula; providing outreach to persons with disabilities and their support organizations and service housing providers; and working with homeless activists or persons to determine if fair housing plays a part in their homeless condition, and the general public regarding the rights of persons with disabilities under the Act. When [[Page 13791]] conducting outreach activities, you are encouraged to use existing fair housing materials; except that you are required to translate these existing materials in languages applicable to your community using the four factor Limited English Proficient (LEP) Guidance as referenced in the General Section of the SuperNOFA. (1) Disability Component. Applicants that emphasize the fair housing needs of person with disabilities, so that persons with disabilities, housing providers and the general public better understand the rights and obligations under the Act and fully appreciate the forms of housing discrimination that persons with disabilities may encounter, should submit their applications under the EOI-Disability Component. Although the component has a disability focus, the funded education and outreach activities must be provided to all persons protected under the Act. (2) Asian and Pacific Islander Fair Housing Awareness Component. Applicants must be able to provide bilingual materials and oral interpretation services to Asians and Pacific Islanders (APIs) so that they are aware of and educated about their fair housing rights and responsibilities under the Act. HUD's ``Discrimination in Metropolitan Housing Markets, Phase 2--Asians and Pacific Islanders'' report showed that API prospective renters and homebuyers experienced consistent adverse treatment. Fair Housing education and outreach activities should be designed to address the areas where APIs received adverse treatment as addressed in the Report. These activities should include, but not limited to: (a) Using HUD fair housing translated materials or other translated material available through fair housing organizations, the applicant will sponsor fair housing classes, seminars, and fairs to educate the API communities on their rights. (b) The applicant should also design a fair housing course of study (lesson plans, fair housing material to be used, performance tests to measure students knowledge) that may be duplicated by other fair housing groups to be used with the API communities. (c) The applicant shall develop an advertising mechanism to assist in the distribution of education and outreach material through community and faith-based organizations, immigrant advocacy groups, schools and universities, and workplace. In addition, an applicant and its staff must have demonstrated bilingual experience, which is defined as three (3) years of proven experience in providing social services to persons of Asian and Pacific Islanders or must have established a partnership with an established grass-roots, faith-based or other community-based organization to carry out the objectives of this component. Although the component's focus is providing education and outreach to these communities, the funded education and outreach activities must be provided in a non- discriminatory manner. Grantees may not deny services and activities to any class protected by the Fair Housing Act. (3) Minority Serving Institutions (MSI) Component. This Component will focus on furthering HUD's goal of establishing partnerships with Tribal Colleges and Universities, historically Black Colleges and Universities, Hispanic serving institutions and Asians and Pacific Islanders serving institutions. Working with local fair housing organizations, and other federal government agencies, the recipient will develop curricula for students to pursue careers in fair housing law and investigations. Applicants under this component must have the ability to design and support the development of quality fair housing education at MSIs. (4) General Component. Applications for all other fair housing education and outreach activities should be submitted to the EOI- General Component. 3. Fair Housing Organization Initiative. This Initiative will provide assistance to a project (sponsoring organizations) that will establish or build the capacity of an organization to become a viable fair housing enforcement organization, as referenced in 24 CFR Part 125.103, that conducts fair housing enforcement activities in underserved areas (as defined in Section I.B.), in rural areas and areas with new immigrants (especially racial and ethnic minorities who are not English-speaking or limited English proficiency). It is the sponsoring organization that submits the application under this Initiative and certifies the sponsored organization's ability to become a QFHO or FHO (Note: The sponsoring organization is ineligible if they received a grant under this Initiative in FY 2003 or FY 2004.) The sponsored organization, whose enforcement capacity is established or enhanced by funding under this Initiative, will be allowed to participate in this Initiative for three years contingent upon acceptable annual performance reviews. Funds are awarded under this Initiative for a three (3) year period of performance and are distributed to the sponsored organization by the HUD awardee. a. Eligible Applicants. Only the sponsoring organization is eligible to apply under this Initiative. The sponsoring organization must be a qualified fair housing enforcement organization (QFHO). You must certify in this application that your organization is a QFHO. Sponsored agencies that cannot establish themselves as private, tax exempt non-profit charitable organizations cannot qualify as a QFHO or an FHO. b. Eligible Activities. The proposed activities must build the enforcement capacity of the sponsored organization so that it can undertake all of the following activities by the conclusion of year three (3) of the grant cycle: (1) Complaint intake of allegations of housing discrimination, testing, evaluating testing results or providing other investigative and complaint support for administrative and judicial enforcement of fair housing laws; (2) Investigations of individual complaints and systemic housing discrimination for further enforcement processing by HUD, through testing and other investigative methods; (3) Mediation or other voluntary resolution of allegations of fair housing discrimination after a complaint has been filed; and (4) Litigating fair housing cases including procuring expert witnesses. The following chart summarizes each FHIP Initiative/Component and the approximate Funding Available along with Eligible Applicants: [[Page 13792]] ---------------------------------------------------------------------------------------------------------------- Allocation Project Initiative/Component amount Applicant eligibility period Award caps available (months) ---------------------------------------------------------------------------------------------------------------- Private Enforcement Initiative $8,100,000 QFHOs and FHO (with at 12-18 $275,000 (PEI) General Component: Assists least one year of private, tax-exempt fair housing enforcement related enforcement organizations in the experience). See investigation and enforcement of Section III of the FHIP alleged violations of the Fair NOFA-Eligibility Housing Act and substantially Information. equivalent state and local fair housing laws See Section I of the FHIP NOFA-Funding Opportunity Description. Private Enforcement Initiative $4,900,000 QFHOs and FHOs (with at 36 $275,000 per year for a (PEI) Performance Based Funding least one year of three-year duration, Component Assists private, tax- enforcement related based upon exempt fair housing enforcement experience) who have appropriations. organizations in the received an Excellent Eligible PBFC applicants investigation and enforcement of Performance Rating on must receive a minimum alleged violations of the Fair their FY 2002 and 2003 score of 95 from the FY Housing Act and substantially FHIP award activities; '05 Technical equivalent state and local fair and have received a Evaluation Panel (TEP) housing laws. minimum score of 95 on to be considered for their most recent ('02 funding. or '03) performance assessment from their Government Technical Representative. Fair Housing Organization 1,100,000 Only QFHOs are eligible 36 months 1,100,000 Initiative Assistance to to apply under this projects (sponsoring Initiative to serve as organizations) that establish or a sponsoring build the capacity of organization. See organizations to become viable Section III of the FHIP fair housing enforcement NOFA-Eligibility organizations that conduct fair Information. housing activities in underserved areas (as defined in Section I.B. ``Program Definitions'') or in rural areas with new immigrants especially immigrants with limited English proficiency. The sponsoring organization must submit the application and must certify that the sponsored organization has the ability to become a QFHO or FHO. See Section I of the FHIP NOFA-Funding Opportunity Description. Education and Outreach Initiative 3,940,000 QFHOs FHOs, public or 12-18 100,000 (EOI)-. EOI Regional, Local and private for profit or months Community Based Program: Assists not for profit projects that inform the public organizations or about rights and obligations institutions, or other under the Fair Housing Act and public or private substantially equivalent State entities that carry out and local fair housing laws. programs to prevent or Applicants must develop a eliminate complaint referral process so discriminatory housing that funded activities will practices. This result in referrals to HUD of includes agencies of fair housing complaints and State or local other possible discriminatory governments and housing practices. See Section I agencies that of the FHIP NOFA-Funding participate in the Fair Opportunity Description. Housing assistance Program (FHAP). See Section III of the FHIP NOFA-Eligibility Information. EOI-General Component Open to 2,340,000 Same as EOI above. See 12-18 100,000 applicants for all other fair Section III of the FHIP months housing education and outreach NOFA-Eligibility activities. See Section I of the Information. FHIP NOFA-Funding Opportunity Description. [[Page 13793]] EOI-Disability Component 800,000 Same as EOI above. See 12-18 100,000 Applicants must emphasize the Section III of the FHIP months fair housing needs of persons NOFA-Eligibility with disabilities, so that Information. persons with disabilities, housing providers and the general public better understand the rights and obligations under the Fair Housing Act and fully appreciate housing discrimination that persons with disabilities may encounter. The funded education and outreach activities must be provided to all persons protected under the Fair Housing Act. EOI-Asians and Pacific Islanders 400,000 Same as EOI above. See 12-18 100,000 Fair Housing Awareness Section III of the FHIP months Component--Applicants must be NOFA-Eligibility able to provide bilingual Information. materials and services to Asian Pacific Islanders so that they and others are educated about their fair housing rights and responsibilities under the Fair Housing Act. Funded education and outreach activities must be provided in a non-discriminatory manner. Recipients may not deny services to a client who is not Asian-Pacific Islander See Section I of the FHIP NOFA- Funding Opportunity Description. EOI-Minority Serving Institution 400,000 Same as EOI above. See 12-18 100,000 Component- Under the Fair Section III of the FHIP months Housing and Minority Serving NOFA-Eligibility Institution Component, Information. applicants must demonstrate the ability to establish partnerships with Tribal Colleges and Universities, historically Black Colleges and Universities, Hispanic serving institutions, and Asian Pacific Islanders serving institutions to broaden support for development of quality fair housing education in MSIs See Section I of the FHIP NOFA- Funding Opportunity Description. ---------------------------------------------------------------------------------------------------------------- B. Cost Sharing or Matching No matching funds are required for the Education and Outreach or Private Enforcement Initiatives. For the Fair Housing Organizations Initiatives, Federal funds can be used as matching funds if the statutes governing the Federal funds consider the funds to be local resources i.e., Community Development Block Grants. See Rating Factor 4 for additional information. C. Other 1. Threshold Requirements Program Requirements for All Initiatives. In addition to the Civil Rights and other Threshold Requirements found in the General Section of the SuperNOFA, your FHIP-funded program application must also meet the following requirements: a. Protected Classes. All FHIP-funded projects must address housing discrimination based upon race, color, religion, sex, disability, familial status, or national origin. All services and activities must be available to the protected class members. b. Tax Exempt Status. Applicants for the PEI and FHOI Initiatives are ineligible for funding if they are not a 501(c)(3) tax-exempt organization as determined by the Internal Revenue Service (IRS) prior to the application submission date. c. Name Check Review. See the General Section. d. Poor Performance. All applicants are ineligible for funding if they are a previous FHIP grantee that has received a ``Poor'' performance rating for its most recent performance rating from its Government Technical Representative (GTR) except for those applicants submitting applications under the PBFC. Applicants submitting applications under the PBFC must receive an excellent performance rating on their FY2002 and FY2003 and receive a minimum score of 95 on their most recent performance assessment. HUD will assess performance ratings for applicants who have received FHIP funding in FY 2002 or 2003. If the applicant has received a ``poor'' performance rating for its most recent performance rating from its GTR, its application is ineligible for FY 2005 competition. An applicant that does not agree with its determination of ineligibility for the FY 2005 competition because of ``poor'' performance must address to HUD's satisfaction the factors resulting in the ``poor'' performance [[Page 13794]] rating before the FHIP application deadline. If the ``poor'' performance rating is not resolved to the Department's satisfaction before the application deadline, the application is ineligible for funding. HUD is interested in improving the performance level of all grantees; therefore, applicants who are deemed ineligible because of a ``poor'' performance rating have the right and are encouraged to seek technical assistance from HUD to correct their performance in order to be eligible for future NOFA competition. Applicants who have received a ``poor'' performance prior to FY 2002 must provide written documentation that they have implemented remedies to address those issues and concerns that contributed to a ``poor'' performance rating. This written documentation should be an addendum to your abstract. e. Suits Against the United States. Your application is ineligible for funding if, as a current or past recipient of FHIP funds, your organization used any funds provided by HUD for the payment of expenses in connection with litigation against the United States (24 CFR 125.104(f)). f. Other Litigation. Your application is ineligible for funding if you used funds provided by HUD under this Program to settle a claim, satisfy a judgment, or fulfill a court order in any defensive litigation (24 CFR 125.104). g. Maximum award. Applicants are ineligible for funding if they request funding in excess of the maximum allowed under the Initiative or Component for which they are applying. Any amount over the maximum award, even if less than one dollar, will be considered a request in excess of the maximum award. In addition, inconsistencies in the amount requested and/or miscalculations that result in amounts over the maximum award will be considered excessive; therefore the application will be considered ineligible. h. DUN and Bradstreet Numbering System (DUNS) Numbering Requirement. Refer to General Section of SuperNOFA for information regarding the DUNS requirement. You must have a DUNS number to receive an award from HUD. You must have a DUNS number to register with Grants.gov . Registration with Grants.gov is required to submit your application electronically. i. Majority of Eligible Activities. If a majority (greater than 50%) of the activities and costs within your Statement of Work (SOW) and budget are not fair housing related activities, your application will be deemed ineligible. Fair Housing Assistance Program agencies who are under a Suspension based on agency performance, as designated under 24 CFR Part 115.211(b) at time of application are ineligible for funding under this FHIP NOFA. j. Minimum TEP Score. Except for the PBFC, applicants must receive a minimum TEP score of 75 to be considered for funding. k. Single Applications. Except for applicants under FHOI and PEI- PBFC, all other applicants must submit only one application under the FHIP. Applicants must determine under which Initiative/Component to which they want to apply and submit a completed application to only that Initiative/Component. FHOI and PEI-PBFC applicants may apply under one other Initiative/Component. However, applicants to the PBFC can only be considered for one award. Multiple applications submitted to more than one Initiative/Component, except for applicants to the FHOI and PEI-PBFC, will be treated as a technical deficiency and the applicant will be asked to identify the application they want reviewed, if qualified. Applicants applying under PEI-PBFC and any other Initiative/Component must state their preference in the Abstract. l. Independence of Awards. HUD will review each eligible application separately and without reference to other applications submitted by you or others. However, the application you submit must be independent and capable of being implemented without reliance on the selection of other applications submitted by you or other applicants. m. Training funds. Your proposed budget must set aside funds to participate in the National Fair Housing Training Academy (NFHTA) or other HUD mandatory sponsored or approved training-$5,000 for 12-18 month projects (EOI and PEI); $6,000 annually for 36 month projects (FHOI); and for PEI-PBFC, $5000 annually for a 36 month duration. For FHOI, there must be attendance from the sponsoring and sponsored organization. Requests to attend the NFHTA must be submitted to the GTR for approval in advance of the requested training. Staff performance assessments must be submitted to the NFHTA prior to attendance. Do not include amounts over the $5,000 or $6,000 (as appropriate) for the training set-aside in this category. If applicants do not include these funds in the budget and you are selected for an award, HUD will modify your budget, reallocating the appropriate amount for training. If grantees key personnel do not attend mandatory HUD-approved or HUD sponsored training, training funds must be returned to HUD and it will be reflected on your performance assessment. n. Accessibility Requirements. All activities, facilities, and materials funded by this Program must be accessible and visitable to persons with disabilities (24 CFR 8.2, 8.4, 8.6, and 8.54). o. Fair Housing Act. HUD expects applicants to address housing discrimination covered under the Act. HUD has determined there is a need to ensure equal opportunity and access to housing in communities across the nation. p. Research Activities. Applicants are ineligible for funding if between 90-100% of their project is aimed at research. q. Tax Exempt Status. Your application must include a copy of your Letter of Determination from the Internal Revenue Service, dated prior to the application submission date of this FHIP Program Section of the SuperNOFA, establishing your 501(c)(3) tax-exempt status. Failure to submit this with your application is a technical deficiency. r. Limited English Proficient (LEP). Applicants obtaining an award from HUD must provide access to program benefits and information to LEP individuals through translation and interpretive services in accordance with HUD's published LEP Guidance. s. OMB Circular. For-profit awardees are not allowed to earn a profit and must adhere to OMB Circular A-133. t. Single Audit Requirement. All applicants who have expended $500,000 or more in Federal financial assistance in a single year (this can be a program or fiscal year) must be audited in accordance with the OMB-A133 requirements as established in 24 CFR part 84 and 85. 2. Other Program Requirements by Initiative a. Asians and Pacific Islander Fair Housing Awareness Component. Applicants are ineligible for funding if the current bilingual or bicultural Project Director does not have at least three years of proven experience providing bilingual or bicultural services; and if the organization does not have three years of proven experience providing bilingual or bicultural services. You must list all bilingual or bicultural employees and provide proof of employment. Grantees may not deny services and activities to [[Page 13795]] any protected classes under the Fair Housing Act. b. FHOI. Applicants for FHOI are ineligible if their organization received previous FHOI awards in FY 2003 or FY 2004. c. Under the PBFC, applicants must receive a minimum FY '05 TEP score of 95 to be considered for funding. 3. Performance Measures and Products For all Initiatives. Applicants must submit a Logic Model (Form HUD 96010) in their application and report against planned actions on a quarterly basis as specified in the award agreement. Refer to the Logic Model Form HUD 96010. In addition: (1) Your application must demonstrate how your project activities will support HUD goals; (2) Identify performance measures/outcomes in support of those goals, describe your proposed record-keeping and evaluation systems; and (3) Identify current (baseline) conditions and target levels of the performance measures that you plan to achieve. (a) For PEI, your application also must contain a strategy for generating enforcement related project products (e.g., testing audits, complaint based testing, or systemic investigations) with related timelines and milestones. (b) PEI--Performance Based Funding Component applicants must show how this three years of funding will be used and the outcomes to be achieved by the end of each year. (c) For FHOI, if the sponsoring organization is enhancing an existing organization, then the sponsoring organization must submit a statement outlining: (i) what is expected of the sponsored organization, and (ii) that the sponsored organization will be part of the program. If the sponsoring organization is being created, then the sponsored organization must submit a mission statement for the sponsoring organization and a timeline for creation and independence. If selected for funding, your final performance measures will be negotiated with HUD as part of the executed grant agreement. 4. Tester Requirements for PEI and FHOI applicants. If you propose a testing program, you must explain how you plan to structure the tests, train testers, and conduct investigations, etc. Testers in your FHIP-funded testing activities must not have prior felony convictions or convictions of crimes involving fraud or perjury. All testers must receive training acceptable to HUD or be experienced in testing procedures and techniques. Testers and the organizations conducting tests, and the employees and agents of these organizations may not: (1) Have an economic interest in the outcome of the test; except to the extent that they could recover damages as provided by law; (2) Be a relative related by adoption, blood, or marriage to any party in a case; (3) Have had any employment or other affiliation, within the past year, with the person or organization to be tested; or (4) Be a competitor of the person or organization to be tested in the listing, rental, sale, or financing of real estate. a. Review and Approval of Testing Methodology. If your SOW proposes testing, other than rental housing testing, HUD may require copies of the following documents to be reviewed and approved by HUD prior to your carrying out the testing activities. (1) The testing methodology to be used; (2) The training materials to be provided for testing; and (3) Other forms, protocols, cover letters, etc., used in the conduct of testing and reporting of results. If HUD has approved your testing methodology for FY 2003 and FY 2004, then there is no need to submit your testing methodology, unless you are revising the methodology that was approved by HUD. If changes are being made, you must submit information on the methodology to be used, highlighting the changes from the methodology previously approved by HUD. Please tell us within your application. Also tell us whether you have made any changes to that approved methodology and what those changes are. For all other applicants, the testing methodology and training materials that you submit to HUD for review and approval will remain confidential. b. Retainer Fees. If you are a recipient of FHIP funds, you cannot require any complainant to whom you are providing assistance to sign a retainer agreement or other contract for legal fees as part of the filing, commencement, or maintenance of a Fair Housing Act complaint. If the FHIP recipient has a successful settlement or a verdict, then the FHIP is able to include its reasonable fees as a part of the settlement, though the complainant shall be under no obligation to accept such an agreement. If reasonable legal fees are recovered, the FHIP agency must return to HUD a percentage of the legal fees that is equal to the percentage of FHIP funds spent on the prosecution of the case. For example, if 5% of FHIP funding were spent on prosecution of the case, HUD would recover 5% of any legal fees. However, the amount of funds recovered will never exceed the actual amount of the FHIP grant. (1) Agencies that are the recipients of FHIP funds agree to provide HUD with information regarding the recovery of fees and applicable reimbursement of FHIP funds on a yearly basis; (2) All settlements and verdicts involving cases processed using FHIP funds are a matter of public record. The grantee cannot claim attorney-client or other privilege against the release of data concerning a case. (3) This restriction on withholding of information must be communicated to the complainant. (4) The complainant must agree to such a restriction before a case can be processed using FHIP funds. IV. Application and Submission Information A. Address To Request Application Package This section describes how you may obtain application forms and additional information about the FHIP program. Copies of the published SuperNOFA, FHIP NOFA and application forms may be downloaded from the grants.gov Web site at http://www.grants.gov/FIND or if you have difficulty accessing the information you may receive customer support from Grants.gov by calling their help line at (800) 518-GRANTS or sending an email to [email protected]. The operators will assist you in accessing the information. If you do not have internet access and you need to obtain a copy of the NOFA you can contact HUD's NOFA Information Center toll-free at (800) HUD-8929. Persons with hearing or speech impairments may also call toll-free at (800) HUD-2209. B. Content and Form of Application Submission 1. Please ensure that your application contains all of the following items in the exact order as described below: a. SF-424* b. SF 424 Supplement*-Survey on Ensuring Equal Opportunity for Applicants. c. Project Abstract Outlining Project Activities d. Factor No. 1 Narrative e. Factor No. 1 Attachments: Tester Experience, Letter of Determination from IRS on 501(c)(3), if applicable. f. Factor No. 2 Narrative g. Factor No. 2 Attachments h. Factor No. 3 Narrative i. Factor No. 3 Attachments: Statement of Work (SOW) with activities listed [[Page 13796]] in priority order, Budget Forms HUD 424 CB* and HUD 424 CBW reflecting the order of the statement of work and prioritized activities,* Budget Narrative. j. Factor No. 4 Narrative k. Factor No. 4 Attachments: Letter(s) of Firm Commitment l. Factor No. 5 Narrative m. Responses to Additional Requirements for Specific Initiative/Project n. HUD-2880 (Applicant Recipient Disclosure Update Report (General Section)* o. OMB SF-LLL Disclosure of Lobbying Activities (General Section)* p. HUD 2990 Certification of Consistency with the RC/EZ/EC-IIs. (See HUD's Web page at www.hud.gov/cr. for listing and www.hud.gov/crlocator for project eligibility. q. HUD-2994 Client Comments and Suggestions This Checklist reflects all forms that must be included in your electronic application submission. In addition to the above, all applicants must read and adhere to Initiative specific information. Applicants are encouraged to review the chart entitled ``Summary of Initiatives/Components'' to assist in identifying the Initiative and component to which you wish to apply. Also, to submit documents using the facsimile method, applicants must use form HUD-96011, Facsimile Transmittal, which is a cover page for the faxed materials. The form HUD-96011 is an electronic form and is part of the downloaded application. See the General Section of the SuperNOFA for specific procedures governing facsimile submission. 2. For All Applicants. The maximum narrative page requirement is ten (10) pages per factor. The narrative pages must be double-spaced. This includes all narrative text, titles and headings. (However, you may single space footnotes, quotations, references, captions, charts, forms, tables, figures and graphs). You are required to use 12-point type size. You must respond fully to each factor to obtain maximum points. Failure to provide narrative responses to all factors or omitting requested information will result in less than the maximum points available for the given rating factor or sub-factors. Failure to provide double-spaced, 12-point type size narrative responses will result in five points being deducted from your overall score (one point per factor). 3. EOI and PEI-General Component. Organizations applying under the EOI and PEI General Component must submit a budget at 100% of proposed costs and activities. Additionally, applicants must identify costs and activities in priority order so if HUD funds at an 80% level, approved awards will reflect the priorities of the applicant. The activities and line item costs above the 80% should be reflected as optional activities in the applicant's SOW, Logic Model and Budget. For example, if an applicant proposes 10 workshops, the applicant can designate 2 workshops as optional to reduce their funding by 20%. By providing the information in this manner if there are no further changes during negotiations, the applicant does not have to submit another budget. 4. Application Submission and Timeliness Procedures. See the General Section of the SuperNOFA for specific procedures governing the submission and receipt of applications. C. Submission Dates and Times You must submit a completed electronic application for the specific initiative and component for which you are applying to HUD on or before May 23, 2005. Grants.gov will reject applications that do not meet the deadline requirements. ---------------------------------------------------------------------------------------------------------------- Complete application package contains Required content Required form or format When to submit it ---------------------------------------------------------------------------------------------------------------- Application: Cover sheet...................... (per required form)...... Form SF-424, available On or before 11:59:59 from (General Section). p.m. on the application submission date using Grants.gov/Apply. Survey for Ensuring Equal ......................... SF-424 Supplement....... Opportunity for Applicants. Budget information............... (per required form)...... Form SF-424CB and SF- 424CBW, ). Disclosure of Lobbying Activities (per required form)...... SF-LLL, if applicable... Applicant-Recipient Disclosure (per required form)...... HUD-2880................ Update Report. Certification of Consistency with (per required form)...... HUD-2990................ RC/EZ/EC-II Strategic Plan. Program Outcome Logic Model...... (per required form)...... HUD-96010 or equivalent. Race and Ethnic Date Reporting (per required form)...... HUD-27061............... Form. America's Affordable Communities (per required form)...... HUD-27300............... Initiative. Narrative........................ Described in Section Format described in IV.B. of this Section IV.B of this announcement. announcement. Letters from third parties Third parties' No specific form or contributing to cost sharing. affirmations of amounts format. of their commitments. Addendum to Abstract--Correction Written documentation No specific form or of Poor Performance (as that performance issues format. appropriate). and concerns have been cured. Project Abstract................. Short summary of project No specific form or activities, areas of format. concentration and persons to be served. ---------------------------------------------------------------------------------------------------------------- D. Intergovernmental Review Intergovernmental Review is not applicable to this program. E. Funding Restrictions 1. Administrative Costs for the Sponsoring Organization (FHOI). The sponsoring organization may use no more than 15 percent of the annually [[Page 13797]] awarded funds to cover its costs to administer the grant. 2. PEI and FHOI Limitations for Education & Outreach--There is a 5% limit on the amount of education- and outreach related activities that can be funded in an enforcement award. If you exceed the limit, points will be deducted in the rating process and funds will be adjusted to maintain the required limitation. F. Other Submission Requirements Electronic delivery via http://www.grants.gov/Apply is HUD's required method for application delivery beginning in FY 2005. Applicants interested in applying for FHIP funding must submit their applications electronically or request a waiver from the Assistant Secretary responsible for the program area. Waiver requests must be submitted at least thirty days prior to the application submission date. See the General Section for detailed instructions on how to submit applications using Grants.gov. The General Section also provides requirements and instructions for submitting a waiver request. V. Application Review Information A. Criteria for Regional/Community-Based Applications 1. Rating Factor 1: Capacity of Applicant and Relevant Organizational Experience (25 Points). You must describe staff expertise and your organization's ability to complete the proposed activities within the grant period. In General. HUD recognizes that, in carrying out the proposed activities, you may have persons already on staff, plan to hire additional staff, or rely on subcontractors or consultants to perform specific tasks. You must describe your staffing plan and the extent to which you plan to add staff (employees) or contractors. If your application proposes using subcontractors and these subcontractor activities amount to more than 10 percent of your total activities, you must submit a separate budget for each subcontractor. Failure to include a separate budget will result in lower points being assessed to your application. a. Number and expertise of staff (this includes subcontractors and consultants). (5) Points for current FHIP grantees (10) Points for New Applicants. You must show that you will have sufficient, qualified staff that will be available to complete the proposed activities. Provide the following information for all staff assigned to or hired for this project, not just key personnel (those persons identified in attachments to Rating Factor 3: Soundness of Approach). Applicants applying to the Asians, Pacific Islanders Fair Housing Awareness Component must list all bilingual employees, identify the languages they are fluent in, and provide proof of their employment. (1) Identify, by name and/or title and hours, all persons that will be assigned to the project. You must describe the knowledge and experience of the proposed overall project director or day-to-day program manager (whose duties and responsibilities include managing all program and administrative activities as outlined in the SOW and ensuring that all timelines are met), in planning and managing projects similar in scope and complex interdisciplinary programs. To receive maximum points, your day-to-day program manager must devote a minimum of 75% of his/her time to the project, and this individual must be stationed in the metropolitan area where the project will be carried out. For day-to-day managers who do not have at least 75% of their time devoted to the project, no points will be awarded under this sub- factor. For example, if the Executive Director is responsible for managing the overall program administrative activities, the application should reflect the Executive Director's time as 75%. However, if a staff person will be assigned this responsibility, the 75% time should be reflected as such. You may not designate more than one person to fit this 75% criterion. You may demonstrate capacity by thoroughly describing your staff's prior experience in fair housing. You should indicate how this prior experience would be used in carrying out your proposed activities. Your application must also clearly identify those persons that are on staff at the time this application is submitted and those persons who will be assigned at a later date; describe each person's duties and responsibilities and their expertise (including years of experience and bilingual languages as noted above) to perform project tasks; and indicate whether the staff person is assigned to work full-time or part-time (if part-time, indicate the percentage of time each person is assigned to the project). (2) Attach resumes for all key personnel or position descriptions for newly created positions. (Resumes or position descriptions do not count against the ten-page limit.) b. Organizational experience. (10) Points for current FHIP grantees;(15) Points for new applicants. In responding to this sub- factor, you must show that your organization has: (1) conducted a past project or projects similar in scope and complexity to the project proposed in this application (whether FHIP- funded or not), or (2) engaged in activities that, although not similar, are readily transferable to the proposed project. EOI applicants must show that they have engaged in projects that are Regional/Local/Community based. Experience will be judged in terms of recent, relevant and successful experience of your staff to undertake eligible activities. In rating this factor, HUD will consider experience within the last three years to be recent, experience pertaining to the specific activities to be relevant, and experience producing measurable accomplishments to be successful. The more recent the experience and the more experience your own staff members who work on the project have in successfully conducting and completing similar activities, the greater the number of points you will receive for this rating factor. (a) If you are applying for funding under the EOI-Asians and Pacific Islanders Fair Housing Awareness Component, in addition to the items described under items (1) and (2) above, you must provide the following information when responding to this sub-factor. (i). A list of all bilingual or bicultural materials developed and distributed. (ii). A description of specific instances where projects similar to the scope and activities proposed in this application had an impact in various communities. (iii). A description of recent relevant experience. Recent experience is experience within the past three years. (b) If you are applying for funding under the EOI-Fair Housing and Minority Serving Institutions Component, in addition to the items described under item (1) and (2) above, you must provide the following information when responding to this sub-factor: (i) A description of staff's experience in providing fair housing and educational curricular development with the objective of increasing awareness of fair housing and (ii) A designation from the Department of Education specifying the organization as a Tribal College and University, historically Black College or University, Hispanic serving institutions, or Asian, Pacific Islander serving institution. (c) If you are applying for funding under PEI or FHOI, you must provide [[Page 13798]] the following information when responding to this sub-factor: (i) If you propose to conduct testing (other than rental or accessibility testing), projects proposing testing in specific areas should document that, at a minimum, you have conducted successful testing in those areas. Provide a general description of when and where the tests occurred, the entities tested, and the overall results of the tests, including complaints filed and the settlements or remedies secured (for example, if testing is for sales of housing, your application should outline your sales testing experience). (ii) Discuss your compliance with the requirement to reimburse the Federal government for compensation received from FHIP-funded enforcement activities. If you have not reimbursed the Federal government for such compensation, explain why you have not. Also, state whether you reported to HUD any likely compensation that may result in such reimbursement. Two (2) points will be deducted for this sub-factor if you have not complied with the requirement. (d) FHOI. Provide a statement of organizational capacity and experience of the sponsored organization and a list of persons who will work on the project along with their experience. c. Performance on past project(s). (10) Points for current FHIP grantees; (0) Points for new applicants. HUD will assess your organization's past performance in conducting activities relevant to your application. For current FHIPs, past performance will be assessed based on your most recent performance assessment received from your HUD Government Technical Representative (GTR) over the past two (2) years (FY 2002-FY 2003). This information will be provided to the Technical Evaluation Panel (TEP) by HUD staff; however, you may also include a copy in your application. Based on past performance, the following points will be deducted from your score under this rating sub-factor: (1) 10 points out of 10 possible points will be deducted if you received a ``fair performance'' assessment; (2) 5 points out of 10 possible points will be deducted if you received a ``good performance'' assessment; and (3) 0 points will be deducted if you received an ``excellent performance'' assessment. 2. Rating Factor 2: Need/Distress/Extent of the Problem (20 Points) This factor addresses the extent to which there is a need for funding the proposed activities to address a documented fair housing problem(s) in the target area(s). You will be evaluated on the information that you submit that describes the fair housing need in the geographic area you propose to serve, its urgency and how your project is responsive to that need. a. Documentation of Need. To justify the need for your project, PEI and EOI applicants must describe the following: (1) The fair housing need, including: (a) Geographic area to be served and your proximity to the area; (b) Populations that will be served--your project must serve all persons protected by the Act; and (c) The presence of housing discrimination, high segregation indices or other evidence of discrimination prohibited by the Act within the project area. (2) The urgency of the identified need. For example: (a) The potential consequences to persons if your application is not selected for funding; (b) The extent to which the organizations provides the services identified in your application; (c) Other sources that support the need and urgency for this project. For example, make reference to reports, statistics, or other data sources that you used that are sound and reliable, including but not limited to, HUD or other Federal, State or local government reports analyses, relevant economic and/or demographic data--including those that show segregation--foundation reports and studies, news articles, and other information that relate to the identified need. Chapter V of the Fair Housing Planning Guide, Vol. 1 has other suggestions for supporting documentation. You may access the Guide from the HUD web at ``www.hud.gov.'' To receive maximum points under this sub-factor, applicants must submit data and studies that support (a), (b), and (c) above. Those that address each category and submit supporting data will receive higher points than those that do not. b. For FHOI: to justify the need for a sponsored organization under FHOI, the sponsoring organization must describe the following: (1) Populations that will be served--HUD has targeted for funding under this Initiative, projects that will provide fair housing enforcement services to underserved areas, rural areas and areas serving individuals who are immigrants (especially racial and ethnic minorities who are not English-speaking or limited English proficient). (2) The presence of housing discrimination, segregation and/or other indices of discrimination that are in the project area prohibited by the Act. Submit data and studies that support your claim; and (3) Why the project area is underserved and why the proposed sponsored organization is needed. Your proposed activities must serve all persons protected by the Act. For example, make reference to reports, statistics, or other data sources that you used that are sound and reliable, including but not limited to, HUD or other Federal, state or local government reports analyses, relevant economic and/or demographic data, including those that show segregation, foundation reports and studies, news articles, and other information that relate to the identified need. For all applicants: You must use sound data sources to identify the level of need and the urgency in meeting the need (ex. Consolidated Plan (CP), Analysis of Impediments to Fair Housing Choice (AI), fair housing studies, etc.) For you to receive maximum points for this factor, there must be a direct relationship between your proposed activities and the community(ies) fair housing needs, including your knowledge of and your proximity to the targeted area, and the purpose of the program funding. To the extent possible, the data you use should be specific to the area where the proposed activity will be carried out. You should document needs as they apply to the specific area(s) where activities will be targeted and your proximity to the target area, rather than the entire locality or state. If the data presented does not specifically represent your target area, you should discuss why the target areas were proposed. (4) The link between the need and your proposed activities: (a) How the proposed activities augment or improve upon on-going efforts by public and private agencies, organizations and institutions in the target area, and/or (b) Why, in light of other on-going efforts, the additional funding you are requesting is necessary. c. In addition, with respect to Documentation of Need, the following apply to specific FHIP initiatives or components: (1) EOI-Disability Component. Your project must focus on persons with disabilities, however you must serve all persons protected by the Act. (2) EOI-Asians and Pacific Islanders Fair Housing Awareness Component. Your project must focus on serving Asians, Pacific Islanders; however, you must serve all persons protected by the Act. Therefore, provide specific [[Page 13799]] demographics on areas to be served and the relationship of the area served to the objectives of the project. The need in these neighborhoods must be clearly stated and supported with documentation such as beneficiary information. (3) EOI-Fair Housing and Minority Serving Institutions Component. Your project must document curricular development and a critical level of need for fair housing activities in the area where activities will be carried out. 3. Rating Factor 3: Soundness of Approach (35 Points) You must describe your project in detail, demonstrate how your project activities will support HUD's policy priorities that support HUD's goals, propose suggested performance measures/outcomes in support of these goals, and identify current baseline conditions and target levels of the performance measures that you plan to achieve. Attach a Statement of Work (SOW) and budget. Your proposed activities must support HUD's policy priorities as referenced in the General Section. a. Support of Policy Priorities (8 Points). Describe how your proposed project will further and support HUD's policy priorities for FY 2005. HUD encourages applicants to undertake specific activities that will assist the Department in implementing its policy priorities and which will help the Department achieve its goals and objectives in FY 2005. HUD will evaluate the extent to which a program will further and support HUD's priorities. The quality of the responses provided to one or more of HUD's priorities will determine the score an applicant can receive. Applicants must describe how each policy priority selected will be addressed. Applicants that just list a priority will receive no points. Each policy priority addressed must discuss the geographic area to be served in relation to the project's purpose, the persons to be served and the methodology for carrying out these activities. Each policy priority has a point value of one point, with the exception of the policy priority to remove regulatory barriers to affordable housing which has a point value of up to 2 points; and, for EOI applicants only, promoting participation of grassroots faith-based and other community-based organization or partnering with an organization promoting participation in grassroots faith-based and other community-based organizations, which has a point value of up to 4 points The total number of points that can be received for this sub-factor is 8. It is up to the applicant to determine which of the policy priorities they elect to address to receive the available 8 points. Applicants are eligible to receive up to 2 points for efforts to remove regulatory barriers to affordable housing. To secure points an applicant must submit the completed questionnaire (HUD 27300), and provide the required documentation. Please see the General Section for further information on Removal of Regulatory Barriers to Affordable Housing. The questionnaire is part of the electronic application package and is also found in the Appendix to the General Section. For the full list of each policy priority, please refer to the General Section of this SuperNOFA. b. Proposed Statement of Work (SOW) and Information Requirements (17 Points). The SOW and budget are attachments that will not count toward the 10-page limit on the narrative response to this factor. However, points will be assigned based on the relevance of proposed activities to stated needs, attention to implementation steps, proposed activities consistent with organizational expertise and capacity and accuracy of the SOW and budget. (1) Statement of Work--Submit a proposed SOW that comprehensively outlines in chronological order the administrative and program activities and tasks to be performed during the grant period. Your outline should identify all activities and tasks to be performed and by whom (e.g., you, a subcontractor, or partner), and the products that will be provided to HUD and when. You should also include a schedule of your activities and products (with interim implementation steps), staff allocation over the term of the project; staff acquisition and training; and activities of partners and/or subcontractors. Applicants should provide figures on the projected clients to be served. Do not provide ranges or percentages, but a specific number of clients. These figures should represent individuals to be served entirely with HUD FHIP funding. (2) EOI-General and PEI-General Applicants Only-You must identify optional activities (to achieve an 80% budget) in order to receive full points under this sub-factor. (3) For the Asians and Pacific Islanders Fair Housing Awareness Component include: (a) All bilingual or bicultural key personnel and their capacity to communicate and disseminate information in projected neighborhoods. (b) A plan that reflects an understanding of the characteristics and needs of the neighborhoods selected and outlines a plan of action pertaining to the scope and detail of how the work outlined will be accomplished. c. The Budget Form and the Budget Information (10 Points). HUD will also assess the soundness of your approach by evaluating the quality, thoroughness, and reasonableness of the budget and financial controls of your organization, including information on your proposed program cost categories. As part of your response you must prepare a budget that is: (1) Reasonable in achieving the goals identified in your proposed SOW; (2) relate tasks in the SOW to the proposed budget costs; (3) cost-effective, e.g. in terms of staff used to perform the activities, results to be achieved for the dollar costs of the program, location of the organization in relation to targeted area(s), etc. (4) quantifiable based on the need identified in Factor 2, and (5) justifiable for all cost categories in accordance with the cost categories indicated in the HUD-424 CB (see General Section Grant Application Detailed Budget). Include your approved Indirect Cost rate in your budget submission, as well as the agency contact name and telephone number. If you do not have a Federally approved indirect cost rate, please provide your proposed rate and submit an indirect cost rate proposal with your application. If HUD is the cognizant agency, it will establish a rate or contact the appropriate Federal agency to establish a rate. For information on Indirect Cost rates, you can review HUD's training on www.hud./gov. (6) Cost Effectiveness of Program. Discuss and provide supportive facts concerning the extent to which your proposed program is cost effective in achieving the anticipated results of the proposed activities in the targeted area. Applicants seeking funding to conduct activities in an area other than the applicant's State or locality must discuss the cost effectiveness of where the activities will be conducted in relation to the location of the organization. HUD will look at the cost effectiveness of your travel to and from your location to the targeted area(s), personnel expenses for outstationed personnel, contracts and subgrantees, and other direct costs, which may include relocation expenses, and telecommunications expenses. Also, indicate how the proposed project is quantifiable based on the needs identified in Rating Factor 2. (7) Financial Management Capacity. Describe and provide documentation to support your organization's financial management system and your Board's [[Page 13800]] contribution to the organization. In addition, provide documentation about your capabilities in handling financial resources, dissemination to subcontracting affiliates, and maintenance of an adequate accounting and internal control procedures. (8) For FHOI provide a statement of transfer of programmatic and management responsibilities from the sponsoring to sponsored organization by the end of grant year three. Also provide budgetary information on the viability of the sponsoring organization to maintain the sponsored organization for the duration of the grant. (9) Your Grant Application Detailed Budget Worksheet (HUD-424-CBW) and Grant Application Detailed Budget (HUD-424-CB) must show the total cost of the project and indicate other sources of funds that will be used for the project. While the costs are based only on estimates, the budget narrative work plan may include information obtained from various vendors, or you may rely on historical data. Applicants must round all budget items to the nearest dollar. A written budget narrative work plan must accompany the proposed budget explaining each budget category listed and must explain each cost category. Failure to provide a written budget narrative work plan will result in 2 points being deducted from your application. It must explain each cost category you list. Generally, estimated costs for high-cost items or subcontractors/consultants should be supported by bids from at least three (3) sources. Where there are travel costs for subcontractors/consultants, you must show that the combined travel costs (per diem rates) are consistent with Federal Travel Regulations (41 CFR 301.11) and travel costs for the applicant's subcontractors and/or consultants do not exceed the rates and fees charged by local subcontractors and consultants. The narrative (which does count toward the 10 page limit) and supporting documentation (which does not count toward the 10 page limit) must address the Grant Application Detailed Budget. 4. Rating Factor 4: Leveraging Resources (5 Points) This factor addresses your ability to secure additional resources to support your project. Points will be awarded on the basis of the percentage of non-FHIP resources you have identified and how firm the commitment is for those resources. a. Firm Commitment of Leveraging. HUD requires you to secure resources from sources other than what is requested under this FHIP Program Section of the SuperNOFA. Community resources may include funding or in-kind contributions, such as workspace or services or equipment, allocated to the purpose(s) of your proposal. Contributions from affiliates, subsidiaries, divisions, or employees of the applicant do not qualify as in-kind contributions. Resources may be provided by governmental entities (including other HUD programs if such costs are allowed by statute), public or private non-profit organizations, faith- based organizations, for-profit or civic private organizations, or other entities willing to work with you. In order to secure points you must establish leveraging of resources by providing letters of firm commitment from the organizations and/or individuals who will support your project. Each letter of firm commitment must: (1) Identify the organization and/or individual committing resources to the project and identify any affiliation with the applicant, (2) Identify the sources and amounts of the leveraged resources (the total FHIP and non-FHIP amounts must match those in your proposed budget submitted under Factor 3), and (3) Describe how these resources will be used under your SOW. The letter must be signed by the individual or organization official legally able to make commitments for the organization. If the resources are in-kind or donated goods, the commitment letter must indicate the fair market value of those resources and describe how this fair market value was determined. (Do not include indirect costs within your in- kind resources). In-kind matching and leveraging contributions, as well as Program Income must comply with 24 CFR 84.23 and 84.24 requirements. FHIP funds cannot be used for in-kind or donated services (for example, a current staff person on a FHIP-funded project). No points will be awarded for general letters of support endorsing the project from organizations, including elected officials on the local, State, or national levels, and/or individuals in your community. See Section IV.F. of the General Section of the SuperNOFA for instructions on how third party documents are to be submitted to HUD via the electronic submission process. For PEI and EOI, if your project will not be supported by non-FHIP resources, then you will not receive any points under this factor. Points will be assigned for each Initiative based on the following scale: One point will be awarded if less than 5% of the projects total costs come from non-FHIP resources. Two points will be awarded if between 5% and 10% of the project's total costs are from non-FHIP resources. Three points will be awarded if between 11% and 20% of the project's total costs are from non-FHIP resources. Four points will be awarded if between 21% and 30% of the project's total costs are from non-FHIP resources. Five points will be awarded if at least 31% of the project's total costs are from non-FHIP resources. The sponsored organization must not rely exclusively on FHIP funding. At the conclusion of each grant year, the sponsored organization must show increasing support from sources other than what is awarded under this program. Specifically, at the conclusion of year 1, no less than 5% of the funds supporting the sponsored organization's fair housing enforcement-related activities must be funded from non- FHIP funds; at the conclusion of year 2, no less than 10% of the funds supporting the sponsored organization's fair housing enforcement- related activities must be from non-FHIP funds; and at the conclusion of year 3, no less than 20% of the funds supporting the sponsored organization's fair housing enforcement-related activities must be from non-FHIP funds. Your application must state how you will meet these requirements. For FHOI, two points will be awarded if between 5% and 10% of the project's total costs are from non-FHIP resources. Three points will be awarded if between 11% and 20% of the project's total costs are from non-FHIP resources; Four points will be awarded if between 21% and 30% of the project's total costs are from non-FHIP resources; Five points will be awarded if at least 31% of the projects total costs are from non-FHIP resources. 5. Rating Factor 5: Achieving Results and Program Evaluation (15 Points) a. In evaluating this factor, HUD will assess the extent to which you demonstrate how you will measure your success or results to be achieved that represent the work of your organization as set out in your budget. Applicants must describe their specific methods and measures to assess progress, evaluate program effectiveness, and identify program changes necessary to improve performance. This will ensure that performance measures are met and that grantees are establishing achievable realistic goals. Applicants who have identified outputs and outcome measurements and include means for assessing these measurements, tracking and monitoring performance goals and achievements against these [[Page 13801]] commitments made in the application, will receive higher points than those that do not. To meet this Factor requirement, you must first refer to the Logic Model and instructions provided in the forms appended to the General Section. All applicants must use the Logic Model Form to respond to this Factor. Applicants should also review the Logic Model training which can be found at http://www.hud.gov/offices/ adm/grants/training/training.cfm. b. In evaluating this Factor: (1) HUD will consider how you have described the degree to which you have identified and characterized the information needs of your intended audience or target populations; (2) Output. The direct products of the applicant's activities that lead to the ultimate achievement of outcomes. Examples of outputs include, but are not limited to, the number of training sessions conducted; the number of PSA's aired; the number of conferences held; the number of brochures/fair housing materials to be disseminated and/ or the number of outreach activities; (3) Outcome. Demonstrate ability to measure outcomes so the major outcome is to increase awareness of fair housing laws and enforce the fair housing act. Outcomes are benefits provided to all protected class members as a result of education and outreach or fair housing enforcement activities; and, performance indicators the applicant expects to achieve or goals it hopes to meet over the term of the proposed grant. In other words, provide the figure that the applicant estimates for that outcome category as a result of the applicant's activities. For example as it relates to EOI Activities: [sbull] The number of individuals reached as a result of training, outreach efforts, one on one fair housing counseling, participation in a conference or symposium. [sbull] The percentage of persons whose knowledge and awareness of fair housing is increased as a result of training, outreach efforts, one on one fair housing counseling, participation in a conference or symposium. [sbull] The number of complaints received as a result of training, outreach efforts, one on one fair housing counseling, participation in a conference or symposium. As it relates to PEI Activities: [sbull] The number of tests completed as result of investigations, systemic testing or audit testing. [sbull] The number of enforcement actions as a result of testing investigations, systemic testing, or audit testing. The number of individuals served as a result of pre-complaint counseling and/or education and outreach efforts as a result of testing activities. (4) Describe how your program will be held accountable for meeting program goals, objectives, and the actions undertaken in implementing the grant program. You should provide a description of the procedure to be used to assess progress and track performance in meeting the goals and objectives outlined in the work plan. Accountability can be achieved using specific measurements tools to assess the impact of your solutions. Examples include: [sbull] Intake Assessment Instrument; [sbull] Pre/Post Tests; [sbull] Customer/Client Satisfaction Survey; [sbull] Follow-up Survey; [sbull] Observational Survey; [sbull] Functioning scale; or [sbull] Self-sufficiency scale. You should describe what kind of fair housing activities you propose to accomplish and the success of your project as identified in Factor 2, for these activities. For the EOI-Disability Component, you should also demonstrate how the activities will assist the Department in implementing the New Freedom Initiative (see General Section). B. Reviews and Selection Process 1. Rating and Ranking. Although all rating factors are organized the same way for all FHIP initiatives, there are differences in application requirements and rating criteria, which are indicated throughout the Rating Factor instructions. Your application for funding will be evaluated competitively against all other applications submitted under one of the following initiatives or components: a. Private Enforcement Initiative (PEI)-- (1) General Component (PEI-GC); (2) Performance Based Funding Component (PEI-PBFC). b. Education and Outreach Initiative (EOI)-- (1) Regional/Local/Community-Based Programs: (a) General Component (EOI-GC); (b) Disability Component (EOI-DC); (c) Asians, Pacific Islanders Fair Housing Awareness Component (EOI-AC); (d) Fair Housing and Minority Serving Institutions Component (EOI- MSI); c. Fair Housing Organizations Initiative (FHOI). For all initiatives, all eligible applications will be reviewed and points awarded based upon: 1. Your narrative responses to the Factors for Award and accompanying materials (e.g., resumes) and 2. EC/EZ-II bonus points, as applicable. Ineligible applications will not be ranked. The maximum number of points to be awarded for the Rating Factors is 100. See Section V. of the General Section for information on Bonus Points. Applications with a score of seventy-five (75) points or more will be considered of sufficient quality for funding. The Selecting Official will not select for award any application with a score below seventy- five (75) points. Generally, applications of sufficient quality for funding will be selected in rank order under each initiative or component. For the PEI--Performance Based Funding Component applicants will be evaluated competitively against other applicants who apply and have received an Excellent Performance Assessment for FY 2002 and 2003 FHIP- funded activities, as well as a 95 on their most current performance review (FY '02 or '03). These applicants will then be rated by the Technical Evaluation Panel and ranked by score. Only those applicants who receive a minimum final score of 95 from the TEP will be considered for funding under this Component. 2. Tie Breaking. When two or more applications have the same total overall score, the application with the higher score under Rating Factor 3: Soundness of Approach will be ranked higher. If this does not break the tie, the application with the higher score under Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience will be ranked higher. If this does not break the tie, the application requesting the lower amount of FHIP funding will be ranked higher. Finally, if this does not break the tie, the application with the higher score under Rating Factor 2 will be rated higher. For the PEI--Performance Based Component, the tie breaking provision does not apply. 3. Achieving Geographic Diversity of Awards. a. PEI and EOI. HUD reserves the right to select applications out of rank order to achieve geographic diversity, to ensure that, to the extent possible, applications from more States for each initiative or component are selected for funding. If the Selecting Official exercises this discretion, there will be two determinants used: (1) geography and (2) score. Geographic diversity shall be applied to all qualified applications (applications of sufficient quality for funding-- applications that received a score of 75 or more points) in each Initiative or Component in which the Selecting Official applies geographic diversity. The geographic [[Page 13802]] diversity provision will be applied as follows: when there are two or more applications of sufficient quality from the same state, the application(s) with the lower score(s) will be moved to the end of the qualified queue. The applications moved to the end of the qualified queue will retain their geographic rank order. If sufficient funds remain, it is possible that applications moved to the end of the queue may be selected for award. b. FHOI and PEI--Performance Based Funding Component. Under FHOI and the PEI--Performance Based Funding Component, the geographic diversity provision does not apply. 4. Adjustments to Funding. As provided in the General Section, HUD may approve an application for an amount lower than the amount requested, fund only portions of your application, withhold funds after approval, reallocate funds among activities and/or require that special conditions be added to your grant agreement, in accordance with 24 CFR 84.14, the requirements of the SuperNOFA, or where: a. HUD determines whether the amount requested for one or more eligible activities is unreasonable or unnecessary; b. An ineligible activity is proposed in an otherwise eligible project; c. Insufficient amounts remain to fund the full amount requested in the application, and HUD determines that partial funding is a viable option; d. The past record of key personnel warrants special conditions; or, e. Training funds are not reserved for FHIP training. 5. Reallocation of Funds. If after all applications within funding range have been selected or obligations are completed in an Initiative and funds remain available, the selecting official or designee will have the discretion to reallocate leftover funds in rank order among initiatives as follows: a. For EOI, any remaining funds from any component will be reallocated first within the initiative; if after reallocating funds within the initiative left over funds remain, they shall be reallocated to PEI then to FHOI; b. For PEI, any remaining funds will be reallocated to EOI then to FHOI; c. For FHOI, left over funds will be reallocated to PEI then to EOI. C. Anticipated Announcement and Award Dates For planning purposes, anticipate an announcement date of July 29, 2005 and an award date of August 31, 2005. VI. Award Administration Information A. Award Notices 1. Applicant Notification and Award Procedures a. Notification. No information about the review and award process will be available to you during the period of HUD evaluation, which begins on the application submission date under this NOFA and lasts approximately 90 days thereafter. However, you will be advised, in writing or by telephone, if HUD determines that your application is ineligible or has technical deficiencies which may be corrected as described in the General Section of the SuperNOFA and Section of this NOFA. HUD will communicate only with persons specifically identified in the application. HUD will not provide information about the application to third parties such as subcontractors. b. Negotiations. If you are selected, HUD will require you to participate in negotiations to determine the specific terms of your cooperative or grant agreement. HUD will follow the negotiation procedures described in the General Section of the SuperNOFA. The selection is conditional and does not become final until the negotiations between the applicant and the Department are successfully concluded and the grant or cooperative agreement is signed and executed. HUD will negotiate only with the person identified in the application as the Director of the organization or if specifically identified in the application as the Project Director. HUD will not negotiate with any third party (i.e., a subcontractor, etc.). Grantees awarded funding who have had a `poor performance' rating in subsequent years prior to FY 2002, will be required to provide documentation of the agency's improved performance status during negotiations. The Grant Officer and Government Technical Representative will determine on a case-by-case basis if technical assistance or additional monitoring is required. Performance Based Funding Component-Applicants selected for funding under the PBFC will be required to submit a SOW that projects the agency's activities for a period of three years commensurate with the level of funding. c. Applicant Debriefing. After awards are announced, applicants may receive a debriefing on their application as described in the General Section. Materials provided during the debriefing will be the applicant's final scores for each rating factor and final evaluator comments for each rating factor. Applicants requesting a debriefing must send a written request to Annette Corley, Grant Officer, U.S. Department of Housing and Urban Development, FHIP/FHAP Support Division, 451 7th Street SW., Room 5224, Washington, DC 20410. HUD will not release the names of applicants or their scores to third parties B. Administrative and National Policy Requirements 1. Accessibility Requirements. All activities, facilities, and materials funded by this Program must be accessible to persons with disabilities (24 CFR 8.2, 8.4, 8.6, and 8.54). 2. Protected Classes. All FHIP-funded projects must address housing discrimination based upon race, color, religion, sex, disability, familial status, or national origin. 3. Environmental Requirements. In accordance with 24 CFR 50.19(b)(3), (4), (9), (12), and (13) of HUD regulations, activities assisted under this program are categorically excluded from the requirements of the National Environmental Policy Act and are not subject to environmental review under related laws and authorities. 4. Procurement of Recovered Materials. State agencies (FHAP agencies) and agencies of a political subdivision of a state that are using assistance under a HUD program NOFA for procurement, and any person contracting with such an agency with respect to work performed under an assisted contract, must comply with the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See General Section for details. 5. Product Information. Press releases and any other product intended to be disseminated to the public must be submitted to the Government Technical Representative (GTR) two weeks before release for approval and acceptance. 6. Ensuring the Participation of Small Businesses, Small Disadvantaged Businesses, and Women Owned Businesses. (See General Section). 7. Payment Contingent on Completion. Payment of FHIP funds is made on a reimbursement basis. Payments are contingent on the satisfactory and timely completion of your project activities and products as reflected in your grant or cooperative agreement. Requests for funds must be accompanied by financial and progress reports. 8. Copyright Materials. You may copyright any work that is eligible for copyright protection subject to HUD's right to reproduce, publish, or otherwise [[Page 13803]] use your work for Federal purposes, and to authorize others to do so as required in 24 CFR 84.36. 9. Complaints Against Awardees. Each FHIP award is overseen by a HUD Grant Officer (See Appendix A for list of Grant Officers per region Complaints from the public against FHIP grantees should be forwarded to the Grant Officer. The Grant Officer's name and contact information is provided in the grant agreement. If, after notice and consideration of relevant information, the Grant Officer concludes that there has been inappropriate conduct, such as a violation of FHIP program requirements, terms or conditions of the grant, or any other applicable statute, regulation or other requirement, HUD will take appropriate action in accordance with 24 CFR 84.62. Such action may include: written reprimand; consideration of past performance in awarding future FHIP applications; repayment to HUD of funds received under the grant; or temporary or permanent denial of participation in the FHIP in accordance with 24 CFR part 24. 10. Double Payments. If you are awarded funds under this NOFA, you (and any subcontractor or consultant) may not charge or claim credit for the activities performed under this project under any other Federally assisted project. 11. Performance Sanctions. A grantee or subcontractor failing to comply with the requirements set forth in its grant agreement will be liable for such sanctions as may be authorized by law, including repayment of improperly used funds, termination of further participation in the FHIP, and denial of further participation in programs of HUD or any Federal agency. C. Reporting 1. HUD requires that funded recipients collect racial and ethnic beneficiary data. It has adopted the Office of Management and Budget's Standards for the Collection of Racial and Ethnic Data. In view of these requirements, you should use Form HUD-27061, Racial and Ethnic Data Reporting Form (and instructions for its use), found on www.HUDclips.org., a comparable program form, or a comparable electronic data system for this purpose. As your project ends, you must report meaningful data derived from client feedback on how they benefited from your project's activities. 2. Listed below is a sample-reporting document of activities and tasks to be performed by a FHIP Grantee. Administrative Activities ---------------------------------------------------------------------------------------------------------------- Activities Tasks Submitted by Submitted to ---------------------------------------------------------------------------------------------------------------- 1. Complete HUD-22081 Race and ........................... 45 Days............... GTR/GTM. Ethnic Data Reporting Form. 2. Complete HUD-2880 Disclosure Submit Disclosure When changes occur.... GTR/GTM. Statements. Statement. If no changes occur, submit statement of no change with final report. 3. Complete SF-269A Financial Submit SF-269A and Copy of Quarterly............. GTR/GTM. Status Report and Written Written Report. Quarterly Status Reports on All Activities. 4. Voucher for Payment............. Submit payment request to Per Payment Schedule.. GTR/GTM. LOCCS. 5. Complete Listing of Current or Submit listing for 45 Days and At end of GTR/GTM. Pending Grants/Contracts/Other recipient and any Grant. Financial Agreements. contractors. 6. Prepare and Submit Draft of Submit Draft of Report. One month before end GTR/GTM. Final Report. Report Summary should of grant term. include objectives, accomplishments, and results. Complaint and testing activities should summarize data on complaints received and tests conducted by basis, issues, and outcomes. This should include number of credible, legitimate complaints filed with HUD, a State or local Fair Housing Agency, Department of Justice or private Litigator; and types of relief/results. 7. Complete Final Report and Submit a copy of the Final Within 90 days after GTR/GTM. Provide Copies of All Final Report and All Final end of grant term. Products Not Previously Submitted. Products not previously submitted to GTR and GTM. 8. Submit 2 copies of Final Report Submit activities and Within 90 days after GTR/GTM. and all final program products database entry sheet(s) to end of grant term. produced under the Grant (with HUD. Submit copy of HUD diskette, where feasible) to HUD. database entry sheet(s) or detailed description of items submitted to GTR and GTM. ---------------------------------------------------------------------------------------------------------------- VII. Agency Contacts You may contact Myron P. Newry or Denise L. Brooks, of the Office of Fair Housing and Equal Opportunity's FHIP Support Division, at 202- 708-0800 (this is not a toll-free number). Persons with hearing or speech impairments may contact the Division by calling 1-800-290-1617 (this is a toll-free number). VIII. Other Information 1. Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2529-0033 In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless the collection displays a currently valid OMB control number. Public reporting burdens for the collection of information is estimated to average xxx hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the [[Page 13804]] administration of funds. Response to this request for information is required in order to receive the benefits to be derived. 2. Frequently Asked Questions Q. If data, tables, exhibits, reports, and studies are submitted with the application, will they be counted toward the 10-page limit requirement? A. The attachments do not count toward the ten-page limit. However, you are encouraged to summarize the points that support your Factor responses. Do not attach data tables, exhibits, and studies and expect the evaluator to read them and discern the points that should be considered. If you summarize information from studies, reports, etc, simply include a bibliography or other reference at the end of each Rating Factor. Q. In previous years, FHIP applicants were not required to submit the Certification of Consistency with the Consolidated Plan. Is the Certification required this year? A. For FY 2005, the Certification of Consistency with the Consolidated Plan is not required. Q. Where can I find a copy of the Application Kit? A. There is no Application Kit for the FY 2005 FHIP NOFA. The NOFA clearly describes the requirements for completing a successful application and all forms and certifications needed to complete the application are included in the General and FHIP Sections of the SuperNOFA. Q. What is the maximum number of narrative pages that can be submitted for each Rating Factor? A. The maximum number is 10 pages per Rating Factor. This does not include any attachments that may be required under each factor (for example, the proposed statement of work and budget required under Factor 3, Resumes as required by Factor 1, or any reports or documents you attach to support your Factor information). The narrative pages must be double-spaced and you are required to use 12-type size (font). However, all pages in the narrative portion of your application must be consecutively numbered starting with Rating Factor One page one (1) through the end of your application for each narrative rating factor response. Q. The FHIP SuperNOFA refers to QFHOs and FHOs. What is the difference between them? A. These terms are defined in the FHIP regulations. Both organizations must be private, tax-exempt, charitable organizations that have engaged in enforcement-related activities. The amount of enforcement-related experience is an eligibility requirement, for PEI at least one year and for FHOI at least two years. (See 24 CFR 125.103 for QFHO and 24 CFR 125.401(b)(2) for FHO.) For PEI and FHOI, applicants must self-identify as a QFHO or an FHO and provide information, including dates of enforcement-related activities. The information you provide should enable HUD to determine if your organization meets at least the one or two year enforcement-related experience requirement. Q. May an applicant subcontract out a percentage of its activities to subcontractors, partner, or consultants, if it is selected for a FHIP award? A. Yes. However, when the expenditures to a particular subcontractor, partner, or consultant exceed 10% of the grant amount, an itemized budget is required. Q. Is an organization ``engaged in testing for fair housing violations'' if it hires a qualified organization to carry out its testing program? A. Yes, so long as the applicant maintains decision making authority, analyzes the test results, and maintains oversight or selection of testing operations. Q. Does the SuperNOFA identify what makes an application ineligible? A. Yes. For FHIP, see the eligibility requirements for each Initiative, and the Threshold Criteria in Section III. For threshold requirement information under the SuperNOFA, see Section of the General Section of the SuperNOFA. Q. Can an applicant propose to do an Analysis of Impediments (AI)? A. No. The applicant can identify activities to be carved out of the AI but not to do planning to develop AI. Q. Will applicants be able to apply for other funding if selected for the Performance Based Funding Component? A. No, applicants selected to the PEI-PBFC will not be able to apply for any other FHIP funding for the three-year period of the PBF. Q. Are grantees required to attend the National Fair Housing Training Academy (NFHTA)? A. Yes, provisions have been included in Training Funds to accommodate grantee's participation in the NFHTA. Q. At what point may a FHOI ``sponsored organization'' apply under any FHIP Initiative? A. A sponsored organization is eligible after three (3) years to apply for funds under other initiatives or components. Q. What are maximum awards? A. Maximum award is the maximum amount that will be awarded under the Initiative/Component for which you are applying. If you request an amount over this maximum amount, your application will be declared ineligible. Q. Where do you send completed applications? A. All applications must be submitted electronically. Please review Section IV.F of the General Section of the SuperNOFA for specific information on electronic application submittal. Q. How do I sign my electronic application? A. Applications submitted through grants.gov constitute submission as electronically signed applications once the Authorized Organization Representative (AOR) (the individual who has been authenticated by the grants.gov credential provider to submit applications on behalf of your organization) transmits your application via grants.gov. Please see Section IV.F of the General Section of the SuperNOFA for details. Q. What is the Web site address to apply for funding? A. Http://www.grants.gov/Apply. See General Section for more information. Q. What is the application submission date? A. The application submission date is outlined in this NOFA under Section IV.C., ``Submission Dates and Times.'' Q. If I have a technical question, can I call HUD? A. Yes, technical questions should be directed to Myron P. Newry or Denise L. Brooks of the FHIP Support Division at (202) 708-0800 (this is not a toll-free number). Persons with hearing or speech impairments may call 1-800-290-1617 (this is a toll-free number). Technical assistance does not include assisting you in determining your eligibility to apply for funds. Applicants must make their own determination, based upon the requirements identified in the FHIP component under the section labeled Eligible Applicants. Technical Assistance cannot be provided to help you write any part of your application or develop responses to the application requirements. Rather, technical assistance, outside of the training broadcasts, will only clarify general application and program requirements published in the NOFA. Q. As an FHOI applicant, are education and outreach expenses required to come out of my 15% administrative costs? A. Yes. Appendix A [[Page 13805]] FHEO Field Structure--Office of Fair Housing and Equal Opportunity ---------------------------------------------------------------------------------------------------------------- FHEO offices Directors Telephone No. Area covered ---------------------------------------------------------------------------------------------------------------- BOSTON Hub--Thomas P. O'Neill, Federal Marcella Brown........... (617) 565-6977 MA, CT, ME, VT, NH, RI. Bldg., 10 Causeway Street, Room 375, Boston, MA 02222-1092. NEW YORK CITY Hub--26 Federal Plaza, Stanley Seidenfeld....... (221) 264-1290 NY, NJ. New York, NY 10278-0068. PHILADELPHIA Hub--The Wanamaker Wanda S. Nieves.......... (215) 656-0647 PA, MD, VA, DC, WV, DE. Building, 100 Penn Square East, Philadelphia, PA 19107-3380. ATLANTA Hub--5 Points Plaza, 40 James Sutton............. (404) 331-5001 GA, AL, MS, FL, PUERTO Marrietta Street, SW, Atlanta, GA RICO, KY, TN, SC, NC. 30303-3388. CHICAGO Hub--Ralph H. Metcalfe, Federal Barbara Knox............. (312) 353-7776 IL, MN, MI, WI, OH, IN. Building, 77 West Jackson Boulevard, Chicago, IL 60604-3507. FORT WORTH Hub--1600 Throckmorton Garry Sweeney............ (817) 978-9271 TX, AR, OK, LA, NM. Street, Fort Worth, TX 76113-2905. KANSAS CITY Hub--Gateway Tower II, 400 Robbie Herndon........... (913) 551-6958 KA, MO, NE, IA. State Avenue, Kansas City, KS 66101- 2406. DENVER Hub--633 17th Street, Denver, CO Evelyn Meininger......... (303) 672-5434 CO, UT, WY, SD, ND, MT. 80202-3607. SAN FRANCISCO Hub--Phillip Burton Chuck E. Hauptman........ (415) 436-6569 CA, HI, NV, AZ, Guam. Federal Bldg., 450 Golden Gate Avenue, San Francisco, CA 94102-3448. SEATTLE Hub--Seattle Federal Office Judith Keeler............ (206) 220-5170 WA, OR, ID. Bldg., 909 1st Avenue, Suite 200, Seattle, WA 98104-1000. ---------------------------------------------------------------------------------------------------------------- BILLING CODE 4210-32-P [[Page 13806]] [GRAPHIC] [TIFF OMITTED] TN21MR05.109 [[Page 13807]] Housing Counseling Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Single Family Housing. B. Funding Opportunity Title: Housing Counseling Program. C. Announcement Type: Initial Announcement. D. Funding Opportunity Number: The Federal Register number is: FR- 4950-N-05. The OMB Approval number is: 2502-0261. E. Catalog of Federal Domestic Assistance (CFDA) Number: 14.169 Housing Counseling Assistance Program. F. Dates: The application submission date is June 6, 2005. Please see the General Section of the SuperNOFA for application submission and receipt procedures. G. Available Funds: Approximately $38.914 million is made available for eligible applicants under this program NOFA. Full Text Of Announcement I. Funding Opportunity Description A. Program Description. This program supports the delivery of a wide variety of housing counseling services to homebuyers, homeowners, low-to moderate-income renters, and the homeless. The primary objectives of the program are to expand homeownership opportunities and improve access to affordable housing. Counselors provide guidance and advice to help families and individuals improve their housing conditions and meet the responsibilities of tenancy and homeownership. Counselors also help borrowers avoid inflated appraisals, unreasonably high interest rates, unaffordable repayment terms, and other conditions that can result in a loss of equity, increased debt, default, and eventually foreclosure. Applicants funded through this program may also provide Home Equity Conversion Mortgage (HECM) counseling to elderly homeowners who seek to convert equity in their homes into income that can be used to pay for home improvements, medical costs, living expenses, or other expenses. This grant program also supports the delivery of housing counseling services to potential homebuyers and homeowners utilizing Section 8 Homeownership Vouchers (hereafter referred to as Homeownership Vouchers) under HUD's Homeownership Voucher Program. The primary objectives of counseling in conjunction with the Homeownership Voucher program are to: (1) Help Homeownership Voucher Program participants make the transition from renting to homeownership; (2) assist them in evaluating their readiness and in making informed decisions; (3) help them meet the responsibilities of homeownership; and (4) encourage increased participation by Public Housing Agencies (PHAs) in HUD's Homeownership Voucher Program. B. Grant Applicant Categories. HUD will award a single grant to qualified applicants through one of three categories: (1) Local Housing Counseling Agencies (LHCAs); (2) National and Regional Intermediaries (Intermediaries); and (3) State Housing Finance Agencies (SHFAs). 1. Comprehensive Counseling. All awards through the 3 categories will consist of a specified sum for comprehensive counseling which is also the minimum required application amount as specified in III.C.3.b. 2. Supplemental Funding. Comprehensive counseling awards may be used for any of the activities specified below. Applicants may also request additional funds to carry out the following specific activities and assistance to targeted communities: a. Predatory Lending. Supplemental funding is available for counseling and educational activities designed to combat predatory lending, including helping borrowers avoid inflated appraisals, unreasonably high interest rates, unaffordable repayment terms, and other conditions that can result in a loss of equity, increased debt, default, and foreclosure. b. Homeownership Voucher Counseling. Supplemental funding is available for counseling and educational activities in conjunction with HUD's Homeownership Voucher Program. c. Colonias. Supplemental funding is available for the counseling and educational activities targeted at Colonias. Colonias means any identifiable, rural community that is located in Arizona, California, New Mexico, or Texas; is within 150 miles of the border between the United States of America and the United Mexican States; and is determined to be a Colonia on the basis of objective need criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, sanitary, and accessible housing. d. HECM Counseling. Supplemental funding is available for counseling and educational activities in conjunction with HUD's Home Equity Conversion Mortgage (HECM) Program. C. Authority. HUD's Housing Counseling Program is authorized by Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x). The Homeownership Voucher Program refers to the homeownership option in the Housing Choice Voucher Program. The homeownership option is authorized by section 8(y) of the United States Housing Act of 1937, as amended by section 555 of the Quality Housing and Work Responsibility Act of 1998. The implementing regulations are found at 24 CFR 982.625 through 982.643. The Home Equity Conversion Mortgage (HECM) Program is authorized by section 255 of the National Housing Act (12 U.S.C. 1715z-20). II. Award Information A. Amount Allocated. Of the $41.664 million appropriated for housing counseling in FY2005, $38.914 million is available for eligible applicants under this NOFA. Specifically, $32.120 million is available for comprehensive counseling, $2.7 million is available for counseling services that address predatory lending, $1.7 million is available for counseling in conjunction with HUD's Homeownership Voucher Program, $394,000 is available for counseling services that specifically target Colonias, and $2.0 million is available for HECM counseling. B. Specific Allocations. Funding is allocated to each Homeownership Center (HOC), regional HUD offices that oversee the Housing Counseling Program in their jurisdiction, by a formula that incorporates first- time homebuyer rates, default rates, HECM endorsements, and minority homebuyers. ------------------------------------------------------------------------ Total amount Applicant categories Who is eligible available ------------------------------------------------------------------------ Category 1--LHCAs............. HUD-approved Local $14,954,946 Housing Counseling Agencies. Category 2--Intermediaries.... HUD-approved National 21,575,182 and Regional Intermediaries. Category 3--SHFAs............. State Housing Finance 2,383,873 Agencies. ------------------------------------------------------------------------ [[Page 13808]] 1. Category 1--Local Housing Counseling Agencies (LHCAs). Approximately $14,954,946 is available from HUD to directly fund HUD- approved LHCAs, including $12,920,000 for comprehensive counseling, $1,199,880 in supplemental funding for predatory lending, $722,500 in supplemental funding for counseling in conjunction with HUD's Homeownership Voucher Program, and $112,566 for counseling targeting Colonias. Allocations for Category 1 by HOC are as follows: -------------------------------------------------------------------------------------------------------------------------------------------------------- Homeownership HOC Comprehensive Predatory voucher Colonias Total counseling lending counseling -------------------------------------------------------------------------------------------------------------------------------------------------------- Philadelphia............................................. $3,511,709 $326,127 $196,376 ................. $4,034,212 Atlanta.................................................. 3,706,596 344,246 207,285 ................. 4,258,127 Denver................................................... 345,317 310,649 187,055 56,283 3,899,304 Santa Ana................................................ 2,356,378 218,858 131,784 56,283 2,729,398 -------------------- Total................................................ 12,920,000 1,199,880 722,500 112,566 14,954,946 -------------------------------------------------------------------------------------------------------------------------------------------------------- 2. Category 2--Intermediaries. Approximately $21,575,182 is available from HUD to directly fund HUD-approved Intermediaries, including $17,200,000 for comprehensive counseling, $1,300,050 in supplemental funding for predatory lending, $850,000 in supplemental funding for counseling in conjunction with HUD's Homeownership Voucher Program, $225,132 for counseling targeting Colonias, and $2.0 million for HECM counseling. 3. Category 3--State Housing Finance Agencies (SHFAs). Approximately $2,383,873 is available to fund SHFAs that provide housing counseling services directly or serve as intermediaries to Affiliates who offer housing counseling services, including $2.0 million for comprehensive counseling, $200,070 in supplemental funding for predatory lending, $127,500 in supplemental funding for counseling in conjunction with HUD's Homeownership Voucher Program, and $56,303 for counseling targeting Colonias. Allocations for Category 3 by HOC are as follows: -------------------------------------------------------------------------------------------------------------------------------------------------------- Homeownership HOC Comprehensive Predatory voucher Colonias Total counseling lending counseling -------------------------------------------------------------------------------------------------------------------------------------------------------- Philadelphia............................................. $543,600 $54,379 $34,655 ................. $632,634 Atlanta.................................................. 573,800 57,400 36,580 ................. 667,780 Denver................................................... 517,800 51,798 33,010 28,152 630,759 Santa Ana................................................ 364,800 36,493 23,256 28,152 452,700 -------------------- Total................................................ 2,000,000 200,070 127,500 56,303 2,383,873 -------------------------------------------------------------------------------------------------------------------------------------------------------- C. Individual Awards. 1. Category 1: No individual LHCA may be awarded more than $260,000, which includes any supplemental funding. Specifically, the limit for Comprehensive Counseling is $175,000. The limit for supplemental funding for predatory lending is $40,000, the limit for supplemental funding for Homeownership Voucher Counseling is $30,000, and the limit for supplemental funding for Colonias is $40,000. HUD anticipates that the average total award for LHCAs will be approximately $40,000. 2. Category 2: Awards for individual HUD-approved intermediaries may not exceed $3.4 million, which includes any supplemental funding. The limit for Comprehensive Counseling is $2.5 million. The limit for supplemental funding for predatory lending is $325,000, the limit for supplemental funding for Homeownership Voucher Counseling is $275,000, the limit for supplemental funding for Colonias is $300,000 and the limit for HECM counseling is $2.0 million. HUD anticipates that the average total award for Intermediaries will be $1.1 million. 3. Category 3: No individual SHFA may be awarded more than $450,000, which includes any supplemental funding. Specifically, the limit for Comprehensive Counseling is $300,000. The limit for supplemental funding for predatory lending is $63,000, the limit for supplemental funding for Homeownership Voucher Counseling is $47,000, and the limit for supplemental funding for Colonias is $40,000. HUD anticipates that the average total award for SHFAs will be approximately $140,000. D. Grant Period. Funds awarded shall be available for a period of 12 calendar months. E. Award Instrument. HUD will use a Grant Agreement. All Housing Counseling Program awards will be made on a cost reimbursement basis in accordance with the requirements in OMB Circular A-87, Cost Principles for state and local governments and Indian tribal governments; or OMB Circular A-122, Cost Principles for Non-Profit Organizations, as applicable to your organization; and the administrative requirements established in OMB Circular A-102, which was implemented by 24 CFR part 85 (Administrative Requirements for Grants and Cooperative Agreements to state, local, and federally recognized Indian tribal governments); OMB Circular A-110, which was implemented by 24 CFR part 84 (Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations); and OMB Circular A-133 which was implemented by 24 CFR parts 84 and 85. Grantees must ensure that any Sub-grantees and/or Branches also comply with the above requirements. OMB circulars can be found at http://www.whitehouse.gov/omb/. [[Page 13809]] III. Eligibility Information A. Eligible Applicants Eligible applicants include: HUD-approved Local Housing Counseling Agencies (LHCAs); HUD-approved national and regional intermediaries (Intermediaries); and State Housing Finance Agencies (SHFAs). LHCAs and Intermediaries are private or public nonprofit organizations, including grassroots community-based organizations, inclusive of faith-based organizations, that secure HUD approval as an LHCA, or as an intermediary, as of the publication date of the SuperNOFA, and retain such approval through the term of any grant awarded. A SHFA does not need HUD approval in order to apply for a grant through this NOFA. 1. Definitions a. Affiliate. ``Affiliate'' means an organization to which a Grantee awards a sub-grant and which is accountable to the Grantee for the use of funds provided. An affiliate is separately incorporated or organized but connected with an intermediary or SHFA for the purposes of this NOFA. To be eligible for a sub-grant an affiliate must be: (1) duly organized and existing as a nonprofit, (2) in good standing under the laws of the state of its organization, and (3) authorized to do business in the states where it proposes to provide housing counseling services. In the case of an intermediary or SHFA, all affiliates must be identified in the application submitted in response to this NOFA. b. Applicant. ``Applicant'' means a HUD-approved housing counseling agency or SHFA applying for a Housing Counseling grant from HUD through this NOFA. The term ``Applicant'' includes the agency's branch or branch offices identified in its application. c. Branch. ``Branch'' or ``Branch Office'' means an organizational and subordinate unit of an LHCA, Intermediary or SHFA not separately incorporated or organized. A Branch or Branch Office must be in good standing under the laws of the state where it is authorized to do business and where it proposes to provide housing counseling services. A Branch or Brach Office cannot be an applicant, affiliate or sub- grantee. d. Grantee. ``Grantee'' means the HUD-approved housing counseling agency or SHFA that receives housing counseling funds from HUD through this NOFA. The term ``Grantee'' includes the agency's branch or branch offices identified in its application. e. Intermediary. ``Intermediary'' means a HUD-approved national or regional organization that provides housing counseling services through its branches or affiliates. As used in this NOFA, the term Intermediary refers to any of the following entities: (7) National Intermediary. A National Intermediary provides housing counseling services through its branches or affiliates in a number of states as determined by HUD. (2) Regional Intermediary. A Regional Intermediary provides housing counseling services through its branches or affiliates in a generally recognized region or group of regions within the United States of America, such as the Southwest, Mid-Atlantic, and New England. f. Local Housing Counseling Agency (LHCA). ``LHCA'' means a HUD- approved Local Housing Counseling Agency. LHCAs must be approved by one of HUD's four HOCs. Affiliates of HUD-approved Housing Counseling intermediaries are not HUD-approved LHCAs by virtue of their affiliation with the intermediary. They are, however, eligible to individually apply for HUD approval as an LHCA. g. State Housing Finance Agency (SHFA). For the purpose of this NOFA, a ``SHFA'' is the unique public body, agency, or instrumentality created by a specific act of a state legislature and empowered to finance activities designed to provide housing and related facilities and services, for example through land acquisition, construction or rehabilitation, throughout a state. The term state includes the several states, Puerto Rico, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the U.S. Virgin Islands. h. Sub-grantee. ``Sub-grantee'' means an organization to which the grantee awards a sub-grant, and which is accountable to the grantee for the use of the funds provided. A Sub-grantee may be separately incorporated or organized, but connected with an intermediary or SHFA for purposes of this NOFA. In the case of an intermediary or SHFA, all Sub-grantees must be identified in the grantee's application. Under certain conditions, grantees may amend their Sub-grantee list after awards are made. B. Cost Sharing or Matching No specific ratio is required. However, in order to receive points under Rating Factor 4, applicants are required to demonstrate the commitment of other private and public sources of funding to supplement HUD funding for the applicant's counseling program. HUD does not intend for the Housing Counseling grants to cover all costs incurred by an applicant. C. Other 1. Eligible Activities for Awards Under all Applicant Categories Grantees and sub-grantees will only be reimbursed for the eligible activities outlined in this Section. Grantees and sub-grantees providing housing counseling services under Categories 1 through 3 may use their HUD housing counseling funds for one or more of the following activities. a. Pre-Purchase Homebuyer Counseling. This includes the following types of one-on-one counseling: pre-purchase; evaluating mortgagor readiness; search assistance/mobility; fair housing; budgeting for mortgage payments; money management (does not include administration of debt management plans whereby an organization pays bills on behalf of a client); selecting a real estate agent, and home inspection. This also may include guidance on: alternative sources of mortgage credit; how to apply for special programs available to potential homebuyers; how to identify and avoid predatory lending practices; locating housing that provides universal design and visitability; and referrals to community services and regulatory agencies. b. Homebuyer Education Programs. These programs are homeownership preparation-related group education programs in which educational materials, including HUD's Homebuyer Education and Learning Program (HELP) guide, are used in training sessions for multiple participants, and not tailored to the unique circumstances of an individual. This activity also includes financial literacy workshops that are geared toward potential homebuyers, and group sessions that assist potential homebuyers with identifying and avoiding predatory lending practices, such as loans with unreasonable and inappropriate terms and conditions, and other unscrupulous practices intended to defraud or take advantage of homebuyers and borrowers. Applicants that provide homebuyer education must also offer individual counseling that complements the group sessions. c. Counseling to Resolve or Prevent Mortgage Delinquency or Default. This includes counseling on how to: restructure debt, obtain re-certification for mortgage subsidy, establish reinstatement plans, seek loan forbearance, and manage household finances. This counseling can also include helping clients affected by predatory lending, foreclosure [[Page 13810]] prevention strategies, explaining the foreclosure process, providing referrals to other sources, and assisting clients with locating alternative housing, or pursuing loss mitigation strategies. d. Non-Delinquency Post-Purchase Counseling including Improving Mortgage Terms, Home Equity Conversion, and Home Improvement. This includes information and advice on finding favorable mortgage loan terms, personal money management, and relations with lenders. It also includes help in converting home equity into cash, such as counseling on HUD's HECM Program. HECM counseling assists clients who are 62 years or older with the opportunity to convert the equity in their homes into income to pay living, medical, or other expenses. This counseling also includes counseling the client about: home improvement and rehabilitation; property maintenance; loan and grant options; the loan or grant application processes; what housing codes and housing enforcement procedures apply for the intended activity; accessibility codes and how to design features to provide accessibility for persons with disabilities; non-discriminatory lending and funding for persons who modify their dwellings to accommodate disabilities; visitability and universal design; how to specify and bid construction work; how to enter into construction contracts; and how to manage construction contracts, including actions to address the non-performance of contractors. e. Post-Purchase Education Programs. These are post-purchase oriented group sessions in which educational materials are used in training sessions for multiple participants. Topics can include resolving or preventing mortgage delinquency and default, converting home equity into cash, seeking favorable mortgage loan terms, budgeting and financial management, real estate taxes and insurance, and home maintenance. Agencies that provide this service must also offer individual counseling to complement group sessions. f. Counseling and Education on Locating, Securing, or Maintaining Residence in Rental Housing. This refers to one-on-one counseling and group education sessions regarding renter-related topics, including: helping clients obtain and utilize rent subsidies; pre-rental search assistance/mobility counseling; budgeting for rent payments; educating clients on landlords' and renters' rights; explaining the eviction process; ensuring clients understand their rights when faced with displacement; explaining the responsibility of the entity causing displacement; and providing assistance with locating alternate housing. g. Counseling on Shelter or Services for the Homeless. Includes referrals to social, community, and homeless services such as emergency shelter or transitional housing. h. Marketing and Outreach Initiatives. This includes providing general information and materials about housing opportunities and issues, conducting informational campaigns, advocating with lenders for non-traditional lending standards, and raising awareness about critical housing topics, such as predatory lending or fair housing issues. (Note: affirmative fair housing outreach should be directed at those populations least likely to seek counseling services. To do so, it may be necessary to broaden the target areas or provide translation and interpretive services in languages other than English in order to reach a greater variety of racial and ethnic minorities.) 2. Eligible Activities--Supplemental Funding a. Predatory Lending. Recipients of supplemental funding for Predatory Lending must use the supplemental funds for any of the marketing and outreach initiatives, group sessions, or one-on-one counseling activities outlined in Section III.C. of this NOFA, in a manner that clearly and directly assists clients affected by predatory lending or helps to prevent predatory lending. b. Homeownership Voucher Counseling. Recipients of supplemental funding for counseling in conjunction with HUD's Homeownership Voucher Program must use the supplemental funds for any of the group sessions or one-on-one counseling activities outlined in Section III.C of this NOFA, in a manner that clearly and directly assists recipients of Homeownership Vouchers to utilize those vouchers toward the purchase and maintenance of a home. According to the Final Rule on the Homeownership Voucher Program (65 FR 55163), suggested topics for the HUD-required pre-assistance counseling program include: how to negotiate the purchase price of a home; how to obtain homeownership financing and loan pre-approvals, including a description of types of financing that may be available, and the pros and cons of different types of financing; alternative sources of mortgage credit; how to find a home, including information about homeownership opportunities, schools, and transportation in the PHA jurisdiction; mobility counseling, including purchasing a home outside the PHA's jurisdiction; advantages of purchasing a home in an area that does not have a high concentration of low-income families and how to locate homes in such areas; how to design features to provide accessibility for persons with disabilities; how to obtain funding for modifications that will make housing accessible and available to clients and their family members with disabilities; information on fair housing, including fair housing lending and local fair housing enforcement agencies; information about the Real Estate Settlement Procedures Act (12 U.S.C. 2601 et seq.) (RESPA); state and federal truth-in-lending laws; how to identify and avoid loans with oppressive terms and conditions; home maintenance; budgeting and money management; and credit counseling. Counseling services in conjunction with HUD's Homeownership Voucher Program can be adapted to reflect local circumstances, fit the pre- and ongoing post-purchase needs of the individual families, and fulfill specific requirements established by the PHA as identified in the written agreement. The PHA has the discretion to require ongoing counseling for all or select participants in the homeownership option. For example, agencies may provide on-going counseling on issues such as home improvement and rehabilitation. This could include educating the client about loan and grant options; loan or grant application processes; what housing codes and housing enforcement procedures apply for the intended activity; accessibility codes; visitability and universal design; non-discriminatory lending for persons who modify their dwellings to accommodate disabilities; how to identify and hire a construction contractor; how to specify and bid construction work; how to enter into construction contracts; and how to manage construction contracts, including actions to address the non- performance of contractors. Additional ongoing counseling needs may include default counseling and loss mitigation strategies such as debt restructuring, establishing reinstatement plans, seeking loan forbearance, and managing household finances. Counselors can also help program participants that are affected by predatory lending, provide referrals to emergency and social service providers, and assist clients with locating alternative housing. c. Colonias. Recipients of this supplemental funding may provide any of the eligible activities outlined in [[Page 13811]] Section III.C, so long as they serve individuals in communities that meet the definition of a Colonia provided in Section I.B.2.c, of this NOFA. d. HECM Counseling. Recipients of this supplemental funding must provide counseling to individuals/families that may be eligible for or are interested in obtaining a Home Equity Conversion Mortgage (HECM). Counseling must be provided by AARP certified HECM counselors who must explain all of the details related to HECM financing to help clients make informed decisions. 3. Threshold Requirements Applications that do not meet all of the following Threshold Requirements are not eligible to receive an award from HUD. a. Applicants, and Sub-grantees, must meet the Threshold Requirements in the General Section of the SuperNOFA. b. Minimum grant request. Applications must contain a request for funds of not less than $15,000 from LHCAs, not less than $50,000 from SFHAs and not less than $200,000 from Intermediaries. Applications for lesser amounts will not be considered. c. Only HUD-approved Housing Counseling Agencies and SHFAs may apply. Applicants must be currently approved by HUD as an LHCA or as a housing counseling intermediary, and have secured HUD approval as a housing counseling agency by the publication date of this NOFA. SHFAs are not required to be HUD-approved, but must meet the eligibility requirements listed in this NOFA. d. Recipients of Previous Housing Counseling Grants. Applicants that received a HUD Housing Counseling grant or grants through the FY2003 HUD Housing Counseling NOFA, and did not receive an extension approved by HUD, must have drawn-down at least 70 percent of award monies by December 31, 2004. e. HUD-9902. Applicants that were, for any reason, required to submit Form HUD-9902 data, covering the period October 1, 2003, through September 30, 2004, must have submitted the data to HUD by June 6, 2005. f. Applicants Requesting Supplemental Funding. No separate application is needed to apply for supplemental funding. However, applicants who propose to use the Comprehensive portion of their award for these activities must propose outputs and outcomes under supplemental funding categories exclusive of (over and above) those proposed under comprehensive counseling. Applicants must also meet the following requirements. (1) Predatory Lending. An applicant must: (a) request the supplemental funding by specifically and separately identifying ``Predatory Lending'' and the specific amount requested along with budget information in Section B of the SF-424A; (b) identify predatory lending related needs in the target community in the response to Rating Factor 2; (c) include predatory lending related activities over and above the proposed comprehensive counseling activities listed in response to the Rating Factors; (d) indicate, where required in the Rating Factors, how many individuals in addition to those served under the comprehensive counseling award will be served with the requested supplemental funding for predatory lending; and (e) respond to all predatory lending related requests for information throughout the NOFA. Be sure clearly to identify the total number served, the activities provided, and the output and outcome goals to be achieved with the supplemental funding. (2) Homeownership Voucher Counseling. An applicant must: (a) request the supplemental funding by specifically and separately identifying ``Homeownership Voucher Counseling'' and the specific amount requested along with budget information in Section B of the SF- 424A; (b) respond to all Homeownership Voucher Counseling related requests for information throughout the NOFA; (c) include counseling and other related activities in conjunction with the Homeownership Voucher Program over and above the proposed comprehensive counseling activities listed in response to the Rating Factors; (d) indicate, where required in the Rating Factors, how many individuals additional to those served under the comprehensive counseling award will be served with the requested supplemental funding for Homeownership Voucher Counseling; and (e) provide a written agreement from one or more Public Housing Authorities (PHAs) with whom the applicant has an agreement to provide housing counseling to participants of the PHA's Homeownership Voucher Program. Intermediaries and SHFAs proposing to make sub-grants must provide a separate written agreement from a PHA for each proposed sub-grantee. There is no requirement that the PHA commit to use the applicant for the provision of all housing counseling services related to its Homeownership Voucher Program, although this would be acceptable. Written agreements from PHAs do not have to be ratified by the PHA Board, although a formal document, such as a Memorandum of Understanding (MOU) between the PHA and the applicant, is acceptable. The written agreement must be on PHA letterhead, specifically mention the housing counseling agency (applicant) and proposed sub-grantee, if applicable; and be signed by an official authorized to sign on behalf of the PHA. Moreover, the written agreement must indicate that the PHA is exercising its option to implement the Homeownership Voucher Program and agrees to refer Homeownership Voucher participants to the applicant to fulfill the housing counseling requirement specified in the Homeownership Voucher Program regulations. The written agreement must clearly outline: (1) The respective activities and responsibilities to be undertaken by the PHA and the applicant; (2) the estimated number of Homeownership Voucher Program participants, both pre-purchase and ongoing, to be referred by the PHA to the applicant during the grant period October 1, 2005, to September 30, 2006; (3) the services to be delivered and the specific PHA requirements for ongoing counseling; and (4) outputs and outcome goals. While no written agreement is required from PHAs approved by HUD as housing counseling agencies, the PHA must estimate the number of voucher participants to be counseled in connection with its Homeownership Voucher Program, and describe the types of counseling, and output and outcome goals to be achieved. See the General Section for directions for submitting documents requiring third party signatures. Be sure clearly to identify the total number served, the activities provided, and the output and outcome goals to be achieved with the supplemental funding. (3) Colonias. An applicant must: (a) Request the supplemental funding by specifically and separately identifying ``Colonias'' and providing the specific amount requested along with budget information in Section B of the SF-424A; (b) identify Colonias-related needs in the target community in its response to Rating Factor 2; (c) respond to all Colonias-related requests for information throughout the NOFA; (d) include counseling and other related activities targeted at Colonias over and above the proposed comprehensive counseling activities listed in response to the Rating Factors; (e) indicate in the response to Rating Factors how many individuals in addition to those served under the comprehensive counseling award will be served with the requested supplemental funding for Colonias; and (f) demonstrate that the communities that the applicant will target with these funds meet the definition of Colonias [[Page 13812]] provided in Section I.B.2.c.of this NOFA. Be sure clearly to identify the total number served, the activities provided, and the output and outcome goals to be achieved with the supplemental funding. (4) HECM Counseling. An applicant must: (a) request the supplemental funding by specifically and separately identifying ``HECM'' and providing the specific amount requested along with budget information in Section B of the SF-424A; (b) identify HECM-related needs in the target community in its response to Rating Factor 2; (c) respond to all HECM-related requests for information throughout the NOFA; (d) include counseling and other related activities targeted at HECM clients over and above the proposed comprehensive counseling activities listed in response to the Rating Factors; and (e) indicate in the Rating Factors how many individuals will be served with the requested supplemental funding for HECM counseling in addition to those served under the comprehensive counseling award. Be sure clearly to identify the total number served, the activities provided, and the output and outcome goals to be achieved with the supplemental funding. 4. Other Program Requirements To receive a grant or subgrant under this Housing Counseling NOFA, all applicants and subgrantees (except SHFAs) must be: [sbull] duly organized and existing as a nonprofit; [sbull] in good standing under the laws of the state of their organization; and [sbull] authorized to do business in the states where they propose to provide housing counseling services. a. Limits on applications. (1) HUD-approved LHCAs. HUD-approved LHCAs may apply for and receive: one grant under Applicant Category 1; or one sub-grant from an intermediary or SHFA under Applicant Category 2 or 3, but not both. The only exception to this rule is that HUD- approved LHCAs that have one or more HECM Network Counselors that receive a grant or sub-grant under Categories 1-3, may also receive a sub-grant, or be reimbursed exclusively for HECM counseling activities from a HUD-approved intermediary that exclusively provides HECM counseling. HUD-approved LHCAs applying under Category 1 are also eligible for supplemental funding to combat predatory lending, homeownership voucher counseling, and to provide counseling to residents of Colonias. Funded LHCAs may not make sub-grants to other HUD-approved LHCAs or non-HUD-approved entities. (2) HUD-approved Intermediaries. HUD approved intermediaries may only apply for a grant under Applicant Category 2. HUD-approved intermediaries are also eligible for supplemental funding to combat predatory lending, homeownership voucher counseling, provide counseling to residents of Colonias, and for HECM counseling. (3) SHFAs. SHFAs may only apply for grants under Applicant Category 3 and are eligible to apply for comprehensive counseling funds and supplemental funding to combat predatory lending, homeownership voucher counseling, and to provide counseling to residents of Colonias. b. Sub- grantees of Intermediaries and SHFAs. (1) Sub-grantees of intermediaries and SHFAs are not required to be HUD-approved, although HUD-approved LHCAs may apply to an intermediary or SHFA as a sub- grantee. (2) Intermediaries and SHFAs that award sub-grants to counseling agencies that are not HUD-approved must assure that the sub-grantee organizations meet or exceed HUD's approval standards, listed in Section III.C.4.c. Program Requirements. (3) Subgrantees must also be in compliance with all civil rights threshold requirements. Intermediaries that do not ensure their sub- grantee's compliance with HUD standards may be prohibited from participating in the Housing Counseling Program. HUD will monitor sub- grantees. (4) Sub-grantees under Categories 2 or 3 must not have directly applied for or received a grant under Category 1 of this NOFA, or applied for or received a sub-grant from an intermediary or SHFA under Category 2 or 3 of this NOFA. (5) Sub-grantees may apply for and receive only one sub-grant from an intermediary or SHFA under Category 2 or 3, but not both. The only exception to this rule is that sub-grantees that have one or more HECM Network Counselors that receive a sub-grant from an intermediary or SHFA under Category 2 or 3 may also receive a sub-grant or be reimbursed exclusively for HECM counseling activities, from a HUD- approved intermediary that exclusively provides HECM counseling. (6) Intermediaries and SHFAs that make sub-grants must execute sub- grant agreements with sub-grantees that clearly delineate the mutual responsibilities for program management, including appropriate time frames for reporting results to HUD. Intermediaries and SHFAs have wide discretion to decide how to allocate their HUD Housing Counseling funding among sub-grantees, with the understanding that a written record must be kept documenting and justifying funding decisions. This record must be made available to sub-grantees and to HUD. c. Approval Criteria. The following approval criteria apply to all applicants, except SHFAs. (1) Each branch or affiliate included in an approval application must satisfy these criteria. (a) Nonprofit Status. An applicant and its branches or affiliates for approval must function as private or public nonprofit organizations. The applicant must submit evidence of nonprofit status as demonstrated by section 501(c)(3) of the Internal Revenue Code approval (or pending approval) to support its nonprofit status and that of its branches or affiliates. (b) Community Base. The applicant or its branches and affiliates must have functioned as a housing counseling agency for at least one year in the geographical area that the applicant proposes to serve as a HUD-approved housing counseling agency or agencies and must have established working relationships with private and public community resources to which it can refer clients who need help the agency cannot offer. (c) Staff. The applicant and its branches or affiliates must employ staff trained in housing counseling with at least six months experience in the job they will perform in the counseling program. (d) Language Skills/Limited English Proficiency. Agencies must seek to provide access to program benefits and information to persons with limited English proficiency (LEP) through translation and interpretive services. Applicants that receive an award from HUD must satisfy the requirements of HUD's LEP Recipient Guidance published on December 19, 2003 at 68 FR 70968. (e) Knowledge of HUD Programs and Local Housing Market. The applicant's housing counseling staff, including those in branches and affiliates, must possess a working knowledge of HUD housing programs (including public housing), the housing programs available in the community, and the local housing market A working knowledge means that a counselor can inform the client in detail regarding what housing is available for which the client is eligible, how the client applies for the housing, and the rights and responsibilities of all parties involved in [[Page 13813]] particular housing transactions--leases, mortgages, notes, contracts, etc. (f) State and Local Requirements. The applicant, including its branches or affiliates, must meet all State and local requirements for its operation. (g) Facilities. The counseling facilities of the applicant or its branches or affiliates must meet the following criteria. (i) Located in the community of the target population. (ii) Provide privacy for all one-on-one sessions between a counselor and a client. (iii) Public transportation is within easy walking distance (15 minutes) of the applicant's location, except for rural or distant suburban locations. (iv) Operating hours include regular work hours and days, and other hours and days when necessary to meet the needs of working clients. (v) All grantees and sub-grantees must make counseling offices and services accessible to persons with a wide range of disabilities and help persons locate suitable housing in locations throughout the applicant's community, target area, or metropolitan area, as defined by the applicant. For each of the general activities proposed, grantees must be prepared to meet the needs of all individuals requesting services, including persons with disabilities, regardless of the complexity of the services involved. d. List of HUD-approved Housing Counseling Agencies. Pursuant to section 106 (C)(5) of the Housing and Urban Development Act of 1968, HUD maintains a list of all HUD-approved and HUD-funded counseling agencies, including contact information that interested persons can access. All HUD-approved LHCAs and their branches, and all sub-grantees and their branches that receive funding under Applicant Categories 2 and 3 of this NOFA will be placed on this list and must accept subsequent referrals, or when they do not provide the services sought, refer the person to another organization in the area that does provide the services. e. Non-Discrimination Requirement. (1) Grant recipients and sub- grantees are prohibited from discriminating on behalf of or against any segment of the population in the provision of services or in outreach. (2) Organizations funded under this program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded under this program. If an organization conducts such activities, these activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the HUD-funded programs or services. f. Indirect Cost Rate. Grantees that plan to use grant funds to cover direct costs only are not required to provide an indirect cost rate. However, Grantees that plan to use grant funds to cover any indirect costs must submit their approved indirect cost rate established by the cognizant federal agency. If the grantee does not have an established indirect cost rate, it will be required to develop and submit an indirect cost proposal to HUD, or the cognizant federal agency as applicable, for determination of an indirect cost rate that will govern the award. Applicants that do not have a previously established indirect cost rate with a federal agency shall submit an initial indirect cost rate proposal immediately after the applicant is advised that it will be offered a grant and, in no event, later than three months after the start date of the grant. OMB Circular A-122 established the requirements to determine allowable direct and indirect costs and the preparation of indirect cost proposals, and can be found at http://www.whitehouse.omb.gov. Applicants can review Indirect Cost Training on http://www.hud.gov at: http://www.hud.gov/offices/adm/ grants/training/training.cfm. g. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Section 3 does not apply to Housing Counseling Grants. h. Ensuring the Participation of Small Businesses, Small Disadvantaged Businesses, and Woman-Owned Businesses. See the General Section for information on this topic. i. Subcontracting. Grantees and sub-grantees must deliver all of the counseling activities set forth in the applicant's work plan provided in Factor 3 of this NOFA. Subcontracting with other entities is permitted only in geographical areas where no HUD-approved housing counseling agency exists; however, the subcontractor must meet HUD's approval standards, listed at III.C.4.c. above. j. Conflicts of Interest. See the General Section. In addition, a grantee or sub-grantee that is using grant funds to pay a subcontractor for housing counseling services pursuant to a housing counseling sub- agreement is prohibited from having a controlling interest in that subcontractor or vice versa. In other words, a grantee or sub-grantee cannot use grant funds to pay for housing counseling services by a subcontractor, if the subcontractor is partially or fully-controlled by the grantee or sub-grantee, or affiliate or vice versa. k. Accessible Technology. See the General Section. l. Participation in HUD Sponsored Program Evaluation. See the General Section. IV. Application and Submission Information A. Receiving an Application Package Applicants may download the Instructions to the application found on the Grants.gov Web site at http://www.Grants.gov. The instructions contain the General Section and Program Section of the published NOFA as well as forms that you must complete and attach as a zip file to your application submission. If you have difficulty accessing the information you may call the Grants.gov Support desk toll free 800-518- GRANTS or email your questions to Grants.gov">Support@Grants.gov. The Support Desk staff will assist you in accessing the information. Please remember that you must be registered to submit an application utilizing Grants.gov. Your registration allows you to electronically sign the application and Grants.gov to authenticate that the appropriate organization staff with legal authority to submit the application on behalf of the applicant submitted the application. Please see the General Section for information regarding the registration process or ask for registration information from the Grants.gov Support Desk. Please be aware that the registration process is a separate process from requesting email notification of funding opportunities or downloading the application and should be done prior to downloading the grant application from the Grants.gov web site. If you are not sure if you are already registered, the Grants.gov Support Desk can assist in verifying whether you are or are not registered. B. Content and Form of Application Submission Please be sure to read the General Section for application submission and timely receipt requirements as HUD is using electronic application submission via www.Grants.gov. In addition to the instructions in the General Section follow the instructions below: 1. Size Limitations and Format for Narrative Statements Applicants must be as specific and direct as possible. For LHCAs, narrative responses to each factor must be limited to 10 double-spaced, size 12 font, single sided pages. Intermediaries and SHFAs [[Page 13814]] are limited to 20 double-spaced, size 12 font, single sided page narratives for each factor. Pages in excess of the size limit will not be read. Number the pages of the narrative statements and include a header that includes the applicant's name and the Rating Factor number and title. Within each narrative, clearly identify each sub-factor immediately above the response for that sub-factor. The General Section of the SuperNOFA provides detailed requirements for electronic submission of narrative statements and other documents that are part of the application. 2. Application Checklist The Application Checklist indicates forms, information, certifications and assurances that apply to this NOFA. Housing Counseling NOFA Application Checklist [sbull] SF-424, Application for Federal Assistance [sbull] SF-424 Supplement--Survey on Ensuring Equal Opportunity for Applicants [sbull] SF 424A, Budget Information--Non-Construction Programs [sbull] SF-LLL, Disclosure of Lobbying Activities (if applicable) [sbull] HUD-27300, Questionnaire for HUD's Initiative on Removal of Regulatory Barriers (optional) [sbull] HUD-2880, Applicant/Recipient Disclosure/Update Report [sbull] HUD-2990, Certification of Consistency with the RC/EZ/EC-II Strategic Plan (LHCAs only) (if applicable) [sbull] HUD-2991, Certification of Consistency with the Consolidated Plan (if applicable) [sbull] HUD-2994, Client Comments and Suggestions (optional) [sbull] HUD-96010, Program Outcome Logic Model [sbull] HUD-96011 Facsimile Transmittal Cover Page [sbull] HUD-9902, Housing Counseling Agency Fiscal Year Activity Report [sbull] SHFA Statutory Authority. SHFAs must submit evidence of their statutory authority to operate as a SHFA, as defined in this NOFA, and must submit evidence of their authority to apply for funds and subsequently use any funds awarded. [sbull] Written Agreement with a PHA. Applicants applying for Supplemental Funding for Homeownership Voucher Counseling, and applicants proposing to counsel clients in conjunction with HUD's Homeownership Voucher Program with comprehensive counseling funds, must provide a copy of a written agreement from each Public Housing Authority (PHA) with which the applicant, and proposed sub-grantees and branches, have entered into an agreement, as described in Section III of this NOFA. [sbull] Letters, Contracts, MOUs and/or other documentation that demonstrates working relationships. [sbull] Letters, Contracts, MOUs and/or other documentation that shows leveraged resources. [sbull] List of all offices. Intermediaries must provide a list of the states in which they maintain offices, including the central office and all affiliates or branch offices. Provide this information for all affiliates and branch offices, not just the ones the applicant proposes to fund through this grant. Indicate with an asterisk or other notation those that will be funded through this grant and the amount, if known. [sbull] Organization Description. Applicants must provide a brief description, no more than 225 words, of their organizational history and activities, as they would like them to appear in the press release issued by HUD in the event that the applicant is funded through this NOFA. [sbull] Copy(s) of disclosure forms used by the housing counseling agency or SHFA to inform clients they are not required to use other services or products offered by the housing counseling agency or SHFA or any of its associates. [sbull] Narrative statements as required in this NOFA. C. Submission Dates and Times 1. Application Submission Date and Proof of Timely Submission. The application submission date is June 6, 2005. Please be sure to read the General Section for timely submission and receipt requirements as submission requirements have substantially changed this year. Failure to follow the submission requirements and procedures may affect your ability to receive an award of funds. D. Intergovernmental Review The Housing Counseling Program is not subject to Intergovernmental Review. E. Funding Restrictions 1. Funding is limited to the eligible activities described in Section III.C of this NOFA. 2. Pre-award Costs. Grantees may incur pre-award costs not more than 90 calendar days prior to the effective date of the grant agreement and only with prior approval from HUD. All pre-award costs are incurred at the applicant's risk and HUD has no obligation to reimburse such costs if the award is inadequate to cover such costs or the award offer is withdrawn because of the applicant's failure to satisfy the requirements of this NOFA. F. Other Submission Requirements See the General Section. Please read the General Section instructions for submission of third-party documents by facsimile or by scanning and attaching to Grants.gov submission package. V. Application Review Information A. Criteria. The Factors for Award, and maximum points for each factor, are outlined below. These factors will be used to evaluate all applications. The maximum number of points for each applicant is 102 for LHCAs and 100 for all other applicants. 1. Bonus Points--``RC/EZ/EC-II''. ONLY LHCAs are eligible for 2 bonus points. See the General Section for information regarding ``RC/ EZ/EC-II'' bonus points. 2. Additional Information. HUD may rely on information from performance reports, financial status information, monitoring reports, audit reports, and other information available to HUD to make score determinations to any relevant Rating Factor. 3. Responses to Factors for Award. Responses to the following rating factors should provide HUD with detailed quantitative and qualitative information and relevant examples regarding the housing counseling work of the organization. The Rating Factors contain requests for additional information from applicants interested in supplemental funding. Applicants who propose to use the Comprehensive portion of their award for these activities must also respond to the requirements defined for each category the applicant proposes to provide services in. In responses to the various factors and sub-factors, intermediaries and SHFAs should not submit a separate response for each proposed sub- grantee and branch, but should provide a brief profile of each and summary response for their entire network, highlighting individual activities, partnerships, needs and/or results when appropriate. [[Page 13815]] a. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (30 Points) HUD uses responses to this Rating Factor to evaluate the readiness and ability of an applicant and proposed sub-grantee and branch staff, to immediately begin, and successfully implement, the proposed work plan detailed in Rating Factor 3. HUD will also evaluate how effectively the applicant managed work plan adjustments that may have been required if performance targets were not met within established timeframes and how often work plan adjustments were required. (1) Applicants must provide the following information to support evaluation of this Rating Factor. Information may be provided in a chart or table. (a) Number of full-time (35 hours + per week) housing counselors working for the applicant and, if applicable, proposed sub-grantees or branches; (b) Number of part-time housing counselors working for the applicant and, if applicable, proposed sub-grantees or branches; (c) Number of bilingual housing counselors working for the applicant and, if applicable, proposed sub-grantees or branches; (d) Average years of housing counseling experience for counselors working for the applicant and, if applicable, proposed sub-grantees or branches; (e) Average years of housing counseling program management experience for the project director(s) for the applicant and, if applicable, proposed sub-grantees or branches; (f) For intermediaries and SHFAs, the number of sub-grantees and branches that received funding from the applicant through a FY2003 HUD housing counseling grant(s), if applicable, covering the period October 1, 2003-September 30, 2004. (2) Knowledge and Experience (14 points) Using the information provided above, demonstrate that the applicant, including proposed sub-grantees and branches, has sufficient personnel with the relevant knowledge and experience to implement the proposed activities in a timely and effective manner, and bilingual language skills, if appropriate. Specifically, for LHCAs, scoring will be based on the number of years of recent and relevant experience of Housing Counseling Program project directors and recent housing counseling and relevant experience of housing counselors. For intermediaries and SHFAs, scoring will be based on: the number of years of recent and relevant experience of project directors of proposed sub-grantees and branches; the number of years of recent housing counseling and relevant experience of counselors in proposed sub-grantees and branches; and the number of years, for key intermediary or SHFA personnel, of recent experience running a housing counseling program consisting of a network of multiple housing counseling agencies. HUD will award higher scores to applicants with more experienced staff and management. Related experience, such as experience in mortgage lending, will also be considered, but will not be weighted as heavily in the scoring as direct housing counseling or housing counseling program management experience. HUD will also factor in other information that demonstrates the capacity of the applicant, such as relevant staff trainings, competency exams, and certifications. HUD will award higher scores to applicants with staff and management that have the greatest combination of experience, training and demonstrated competency. (a) Submit the names and titles of employees, including subcontractors and consultants who will perform the activities proposed in the applicant's work plan in Rating Factor 3. Clerical staff should not be listed. Describe each employee's, subcontractor's, or consultant's relevant professional background and experience, and bilingual language skills, if applicable. Experience is relevant if it corresponds directly to projects of a similar scale and purpose. Individual descriptions should be limited to one page, and do not count toward narrative page limitations. Provide the number of years of experience for each position listed, and indicate when each position was held. Indicate whether the position is full-time or part-time, and in the case of part-time positions, provide the number of hours per week. Intermediaries and SHFAs should summarize in a single chart listing, each applicable employee, subcontractor, and consultant of proposed sub-grantees or branches, the number of years of direct counseling or counseling program management experience, and the number of years of relevant experience. Please total each column. (b) All applicants must indicate whether counselors in their agency and proposed sub-grantees and branches are required to take and pass an exam that evaluates housing counseling competency as a condition of employment. Describe the test and testing process and how test results are used to measure the capability of an employee. (c) Indicate for each counselor listed the specific counseling activities with which they have experience, distinguishing between group sessions and one-on-one counseling, and the relevant number of years of experience for each counseling type. In scoring this section, HUD will evaluate whether the applicant has experience providing the proposed services. Applicants for supplemental funding for Homeownership Voucher Counseling must provide detailed information regarding the Homeownership Voucher Program-related experience of the applicant and each PHA with whom the applicant, or its proposed sub-grantees and branch offices, have a written commitment to partner, including the number of years of experience that the applicant and partnering PHA(s) have working with HUD's Homeownership Voucher Program. If different from the applicant, explain what counseling agency or other organization provided the housing counseling related to the PHA's program. Similarly, applicants for supplemental funding for Predatory Lending, HECM and Colonias must specify the predatory lending, HECM or Colonias-specific experience of project directors and counselors and the organization. Applicants for Colonias supplemental funding must also highlight the bilingual capacity of relevant counselors. (d) Indicate for all housing counselors and project directors the specialized trainings and certifications received relevant to the proposed activities. Include when the training was received and who provided it. Applicants for supplemental funding must also indicate whether or not staff has received recent and relevant specialized training. For example, applicants for supplemental funding for predatory lending must indicate if relevant personnel received FHA loss mitigation training or other training relevant to predatory lending. Applicants that seek supplemental funds for HECM counseling must indicate what relevant training and certifications counselors received to qualify them as HECM counselors. Likewise, specific training for Homeownership Voucher and Colonias should be highlighted. (e) Indicate if the applicant, affiliates and branches, utilized an on-line Client Management System during the grant period October 1, 2003, to September 30, 2004. If a system was used, identify [[Page 13816]] which system, how long it has been used and whether or not it is web based. If the applicant does not currently use an on-line or web-based system but plans to in the coming grant period, October 1, 2005 through September 30, 2006, indicate which system will be used, whether or not it is web based, and how its use will be implemented in terms of training employees to use it and its ability to improve client services and generate reports. (3) Grant and Compliance Management (6 points) In scoring this Section, HUD will examine its files and evaluate how well the applicant managed administration and met the requirements, including reporting and grant document execution, of its FY2003 HUD housing counseling grant, for the grant period October 1, 2003, to September 30, 2004, and its ability to spend all grant funds allotted. If the applicant did not receive an FY2003 HUD grant, it must provide a response, with sufficient detail for HUD to evaluate management, based on activities and requirements under other sources of funding, such as other federal, state, or local grant awards. Identify the source(s), amount(s), how funds were used for housing counseling and related activities and whether work was completed during the period of performance. (a) HUD will evaluate the applicant's performance with regard to the timeliness and completeness with which they satisfied grant document execution and reporting requirements including quarterly (if applicable), mid-term and final reports. (b) If grant awards were not fully expended during the grant period October 1, 2003, to September 30, 2004, indicate the percentage of funds that were not spent, and provide an explanation as to the reason why and the steps the applicant has taken to ensure that future funding will be expended according to the terms of the grant agreement. To receive full credit, either 100 percent of grant funds must have been expended in a timely manner or all goals must have been achieved prior to expending 100 percent of grant funds. If goals were achieved with fewer funds, state so and briefly provide details of efficiencies realized (if any). (c) Biennial Performance Reviews. Significant findings on biennial performance reviews conducted by HUD staff will be taken into consideration when scoring this section. Explain how the applicant has taken steps to address and correct any significant findings, if applicable. (4) Management--Goals and Results (10 points) Applicants that received a FY2003 housing counseling grant covering the period October 1, 2003 to September 30, 2004 were required to submit a Program Outcome Logic Model, Form HUD-96010, which reflected an effective, quantifiable, outcome-oriented evaluation plan for measuring performance. The Logic Model was to identify what would be measured, how it would be measured, and the steps the applicant would take to make adjustments to the work plan if performance targets were not met within established timeframes. Specifically, the plan had to identify: (a) Outputs. Outputs are the direct products of the applicant's activities that lead to the ultimate achievement of outcomes. Examples of outputs include, but are not limited to, the number of individual counseling sessions, the number of group sessions to be provided, the number of materials to be distributed, and outreach activities. Interim and full grant term outputs, and time frames for accomplishing these goals. The plan must have shown how the applicant would measure actual accomplishments against anticipated achievements. (b) Work Plan Adjustments. A description of steps in place to make adjustments to the work plan if outputs are not met within established time frames or if the applicant begins to fall short of established outputs and time frames. Intermediaries and SHFAs should have indicated if and how the performance of sub-grantees and branch offices affects current and future sub-grants and allocations. (c) Outcomes. Outcomes are benefits accruing to the families as a result of participation in the program. Outcomes are performance indicators the applicant expects to achieve or goals it hopes to meet over the term of the proposed grant. For the period October 1, 2003- September 30, 2004, the anticipated outcomes for clients as a result of the proposed grant were required as part of the Logic Model. The required outcome categories are: [sbull] The number of individuals receiving pre-purchase counseling who will purchase a home; [sbull] The number of individuals receiving pre-purchase counseling who are working toward becoming mortgage ready; [sbull] The number of individuals receiving pre-purchase counseling who, after evaluating their unique financial situation and the costs of homeownership, will elect not to purchase a home; [sbull] The number of individuals receiving default counseling who will successfully avoid foreclosure; [sbull] The number of individuals seeking help in locating or securing residence in rental housing who found alternative rental housing; [sbull] Applicants proposing to address predatory lending should indicate the number of clients affected by predatory lending counseled that will have their mortgage modified, refinanced, or otherwise assisted to avoid foreclosure. These specific outcomes correspond to the Form HUD-9902. Applicants who received a FY2003 Housing Counseling Grant must explain differences in goals and actual results in narrative form including any changes in measurement reporting tools and/or the evaluation process as a result of variations in output and outcome goals and results. For purposes of scoring this sub-factor, HUD's primary concern is how the applicant managed change, when needed, within the organization as well as a clear and reasonable explanation as to why goals were not met, or why they were exceeded, and what steps were taken organizationally to accommodate either scenario. Applicants who did not receive a FY2003 Housing Counseling Grant must provide detailed, quantifiable information on housing counseling related goals they did set for their organization and actual results either for the period covering October 1, 2003 to September 30, 2004 or for the 12 month period ending December 31, 2004 if more appropriate to the Applicant's or other grant-required reporting schedule. In narrative form, explain any differences in goals versus actual results and indicate what measurement reporting tools were used as well as the evaluation process. Form HUD-96010-1, Logic Model Instructions, which is part of Form HUD-96010, provides information on what should be included in measurement reporting tools and the evaluation process. For applicants applying for the predatory lending supplemental funding, identify the number of clients affected by predatory lending that were counseled and able to have their mortgage modified, refinanced, or otherwise assisted to avoid foreclosure. Compare these outcome goals with the applicant's actual performance outcomes for these categories, reported in the Form HUD-9902 submitted with this application, covering the grant period October 1, 2003, to September 30, 2004. Characterize the applicant's performance at meeting its goals [[Page 13817]] regarding activities for that time period. Explain any differences between goals and results. Describe relevant market conditions and other circumstances that affected reported outcome numbers. If the applicant did not establish outcome projections/goals for these specific categories prior to the grant period October 1, 2003, to September 30, 2004, indicate the specific quantitative goals that it did make, and explain any difference between goals and results. b. Rating Factor 2: Need/Extent of the Problem (12 Points) This factor addresses the extent to which there is a need for funding the proposed activities described in the applicant's work plan, and the degree to which the applicant's work plan substantively addresses departmental policy priorities. (1) Needs Data (6 Points) Provide current or recent economic and demographic data, and any other evidence, that demonstrates housing counseling need relevant to the target area. All proposed activities must have corresponding need- related data. Sources for all data provided must be clearly cited. Do not submit copies of reports or tables. To the extent that the community the applicant serves has documented need in its Consolidated Plan, Analysis of Impediments to Fair Housing Choice (AI), or other planning documents, provide these in the response. Economic and demographic data must include persons with disabilities located in the target area. The U.S. Census Bureau, for example, maintains disability data by state, county, and metropolitan statistical area (MSA) at the following web site: http:// www.census.gov/hhes/www/disability.html. Additionally, the HUD USER Research Information Service and Clearinghouse, available at http://www.huduser.org/, allows users to search over 800 HUD publications by subjects and keywords. Applicants applying for predatory lending supplemental funding must provide current or recent economic and demographic data, and any other evidence, that demonstrates the prevalence and impact of predatory lending within the target area. Applicants planning to provide counseling in conjunction with HUD's Homeownership Voucher Program must demonstrate that the local market will support affordable homeownership. For example, describe the income and wealth characteristics of Homeownership Voucher Program participants, such as average income as a percent of area median income, and average savings available for down payment, and then demonstrate the availability in the local market of homes that are affordable to these participants. Intermediaries and SHFAs must provide this information for each sub-grantee or branch included in their application that will engage in this activity. In scoring this Section, HUD will evaluate the degree to which the applicant is able to provide current or recent economic and demographic data, and any other evidence, that demonstrates housing counseling need relevant to the target area and the activities proposed in projected work plan activities detailed in Rating Factor 3. Applicants that fail to identify current or recent objective data will receive no points for this factor. (2) Departmental Policy Priorities (6 Points) The Departmental policy priorities are described in detail in the General Section. Of those listed, the following five apply to the Housing Counseling Program for the purpose of this NOFA. Indicate if and describe how the applicant's work plan substantively addresses each of these departmental policy priorities. Applicants are advised to review the policy priorities in the General Section, to assure they fully understand the meaning of each, prior to responding to this sub- factor. In scoring this section, the applicant will receive one point for each of the departmental policy priorities (a)-(d) that the work plan substantively addresses. Up to 2 points are available for priority (e). The activities the applicant proposes in its projected work plan, detailed in Factor 3 of this NOFA, must address the policy priorities for priorities (a)-(c) in order to receive rating points. Points will only be awarded to applicants for policy priority (e) if the submission includes the required documentation or URL sites where the documentation can be found. (a) Providing Increased Homeownership and Rental Opportunities for Low- and Moderate-Income Persons, Persons with Disabilities, the Elderly, Minorities, and Families with Limited English Proficiency. (b) Providing Full and Equal Access to Grassroots, Faith-Based and Other Community-Based Organizations in HUD Program Implementation. (c) Participation of Minority-Serving Institutions in HUD Programs. (d) Participation in Energy Star. Applicants must provide information on how they promote or plan to promote Energy Star materials and practices and buildings constructed to Energy Star standards to homebuyers, renters and other applicable counseling clients. Describe any outreach activities previously conducted and/or planned to promote Energy Star products. (e) Removal of Regulatory Barriers to Affordable Housing. Under this policy priority, higher rating points are available to (1) governmental applicants that are able to demonstrate successful efforts in removing regulatory barriers to affordable housing and (2) nongovernmental applicants that are associated with jurisdictions that have undertaken successful efforts in removing barriers. To obtain the policy priority points for efforts to successfully remove regulatory barriers, applicants must complete form HUD-27300, ``Questionnaire for HUD's Initiative on Removal of Regulatory Barriers.'' A limited number of questions on form HUD-27300 expressly request the applicant to provide brief documentation with its response. Other questions require that, for each affirmative statement made, the applicant supply a reference, URL or brief statement indicating where the back-up information may be found, and a point of contact, including a telephone number or e-mail address. Applicants that do not provide the URL references or documentation will not get the policy priority points. The General Section and HUD's Notices identify how policy priority points will be awarded. Copies of HUD's notices published on this issue, can be found on HUD's web site at http://www.hud.gov/grants/index.cfm. c. Rating Factor 3: Soundness of Approach/Scope of Housing Counseling Services (40 Points) This factor addresses the quality and effectiveness of the applicant's historical and proposed housing counseling activities. (1) Historical Performance includes information on Housing Counseling services conducted during the period October 1, 2003 through September 30, 2004. Applicants must provide the following information, which will be used as a basis to support the scoring of sub-factors V.A.3.c (2) and V.A.3.c (3). Responses to V.A.3.c(2) and V.A.3.c (3) should contain ``Historical Performance'' as part of the heading for the response. (a) Average hours of housing counseling per client, for the period October 1, 2003, through September 30, 2004, for each of the following service types, including follow-up, the applicant organization provides: (i) Pre-purchase Counseling [[Page 13818]] (ii) Homebuyer Education (iii) Delinquency/Default Counseling (iv) Non-Delinquency Post-Purchase Counseling (v) Home Equity Conversion Mortgage (HECM) Counseling (vi) Post-Purchase Education (vii) Rental Counseling (viii) Homeless/Displacement Counseling (ix) Predatory Lending Counseling (x) Homeownership Voucher Counseling and Education (xi) Other (describe) (b) FY2003 HUD housing counseling grant(s) or sub-grant(s), if applicable. If the applicant received one or more FY2003 HUD housing counseling grants or sub-grants covering the period October 1, 2003- September 30, 2004, make sure that these grants are properly recorded in Section 8 of the Form HUD-9902 that was submitted through HUD's Housing Counseling System (HCS). Applicants that were not required to submit Form HUD-9902 must complete one as part of this application filling in the ``All Activities'' column only. (c) FY2003 total housing counseling budget, covering the period October 1, 2003-September 30, 2004, including HUD housing counseling grant(s) or sub-grants, if applicable, as well as other resources leveraged specifically for housing counseling. Do not include funds for down payment or closing cost assistance, Individual Development Accounts, emergency services, or other resources not used for the direct provision of housing counseling. (d) The number of clients recorded on the Form HUD-9902, covering the period October 1, 2003, through September 30, 2004, that participated only in Homebuyer Education Workshops or other types of classes offered as group sessions: (i) Under the ``HUD Grant Activities'' column, if applicable (ii) Under the ``All Counseling Activities'' column (e) The number of clients recorded on the Form HUD-9902 submitted with this application, covering the period October 1, 2003, through September 30, 2004, that participated in one-on-one counseling only: (i) Under the ``HUD Grant Activities'' column, if applicable (ii) Under the ``All Counseling Activities'' column (f) If applicable, for the grant period October 1, 2003, through September 30, 2004, indicate: (i) The number of individuals and families counseled by the applicant that participated in HUD's Homeownership Voucher Program; (ii) The number of clients that received one-on-one counseling from the applicant related to predatory lending, or if applicable, from sub- grantees and branches; (iii) The results of one-on-one counseling pertaining to predatory lending, including the number of clients for whom loans have been successfully restructured, credit fixed, and the success of other loss mitigation strategies. (iv) The number of clients that participated in group educational sessions related to predatory lending (2) Historical Performance--Quality and Complexity of Services (6 points). HUD will evaluate the quality of, the variety of, and the level of effort and time associated with the housing counseling services provided by the applicant during the period October 1, 2003, to September 30, 2004, both with HUD housing counseling grant funds, if applicable, and with other resources leveraged for housing counseling. For applicants that did not receive an FY2003 HUD housing counseling grant, the analysis will be based on services provided with other sources of funding. (a) Applicants must carefully document the various types of housing counseling and education services provided during the period October 1, 2003, through September 30, 2004, both with FY2003 HUD grant funds, if applicable, and other resources leveraged for housing counseling. Also describe follow-up activities, if applicable. If applying for supplemental funding for predatory lending, describe the applicant's activities for the grant period October 1, 2003, to September 30, 2004, in assisting individuals, through outreach and group education, in identifying and avoiding predatory lending. For example, describe group workshops, community meetings, mass media, or material distribution (provide copies of relevant letters, brochures, etc.) Also describe the applicant's outreach strategy, including the various types of individuals targeted (e.g., sub-prime borrowers, elderly homeowners with substantial equity in their homes, etc.), explain the rationale for targeting specific areas, types of community forums that are effective, methods through which ideas and materials are disseminated, and all other relevant information. Also, if applicable, describe efforts through one-on-one counseling for the period October 1, 2003, to September 30, 2004, to assist individuals in identifying and avoiding predatory lending, and describe efforts through one-on-one counseling to assist clients affected by predatory lending. If applying for supplemental Homeownership Voucher Counseling funds, describe counseling and education activities during the period October 1, 2003, to September 30, 2004, performed in conjunction with HUD's Homeownership Voucher Program. If applying for supplemental funding for Colonias, describe the applicant's activities for the grant period October 1, 2003, to September 30, 2004, in assisting individuals in Colonias. If applying for supplemental funding for HECM counseling describe the applicant's activities for the grant period October 1, 2003, to September 30, 2004, in assisting individuals that sought HECM counseling. (b) Describe the level of effort and time required to provide the housing counseling services described in part (a) and to meet the needs of clients. Explain the average counseling time per client figures provided in Section V.A.4.c(1)(a). Scoring will be based on the degree to which the applicant demonstrates that sufficient time and resources were devoted to ensure that clients received quality counseling. (c) Explain the figures provided in Section V.A.4.c(1)(d)-(f) regarding group session participation and one-on-one counseling. Describe how clients come to participate in one or the other, the relationship between the two, and the role that each plays in the applicant's overall service provision. Applicants for supplemental funds should also provide this information for the activities relevant to the specific supplemental funding for which they are applying, which should include only information on clients served exclusive of (over and above) those served with comprehensive funds. Scorers will evaluate the extent to which an agency encouraged and provided one-on-one counseling, which HUD considers the most effective form of housing counseling, instead of over-relying on homebuyer education workshops and other forms of group sessions. (3) Historical Performance--Impact/Outcomes (7 Points). To score this Section, HUD will evaluate the applicant's, and affiliates' and branches', clients served numbers for the grant period October 1, 2003 to September 30, 2004. The quantity of clients the applicant was able to serve will be compared to similar applicants providing similar services. Clients served numbers will also be analyzed in the context of the total housing counseling budget, which applicants must provide from FY2003 HUD housing counseling grant(s), including costs; spending decisions; the types of [[Page 13819]] services provided; level of effort expended; and the performance of similar applicants providing similar services. HUD will also consider the degree to which the services provided are time and resource intensive. Additionally, HUD will evaluate the geographic coverage of the applicant's activities for the grant period October 1, 2003, through September 30, 2004. For intermediaries and SHFAs, the number of sub- grantees under a FY2003 HUD housing counseling grant(s), if applicable, and the overall size of the housing counseling network during that period will be factors in the scoring. (a) Indicate how location, type of counseling, client type, and expenses may have affected client volume that appears on the Form HUD- 9902, and in Section V.A.4.c(1)(d)-(f), that were served under the column ``All Counseling Activities.'' This total should reflect all the counseling activities performed by the applicant during the period October 1, 2003 through September 30, 2004, both with HUD housing counseling grant funds, if applicable, and with other leveraged resources. If the applicant received one or more FY2003 HUD housing counseling grants, indicate differences in how the HUD grants were spent compared to other leveraged resources. Justify expenses and explain why they were reasonable, strategic, and appropriate for the counseling activities identified above. If applying for supplemental funding, quantify the applicant's relevant predatory lending, Homeownership Voucher Counseling, Colonias and/or HECM results during the period October 1, 2003 through September 30, 2004 and provide the total budget for each. For example, if applying for supplemental funding for Homeownership Voucher Counseling, provide the number of families that participated in the applicant's Homeownership Voucher Program in the past complete fiscal year, and the number of current homeowners receiving voucher assistance to date, and other notable outcomes and information demonstrating the effectiveness of the existing program. Provide the same information for PHAs with whom the applicant, and if applicable, proposed sub-grantees and branches have written commitments to partner. (b) Intermediaries and SHFAs that received one or more FY2003 HUD housing counseling grants, for the grant period October 1, 2003, to September 30, 2004, must also indicate what percentage of their grant(s) was passed through directly to sub-grantees or branches, and explain how funds not passed through were spent. LHCAs applying under Applicant Category 1 that received one or more FY2003 HUD housing counseling grants for the grant period October 1, 2003, to September 30, 2004, must indicate what percentage of their grant(s) was spent on the salaries and benefits of housing counselors and project directors. Explain how other funds were spent. Applicants that did not receive a FY2003 HUD housing counseling grant must characterize their performance through other housing counseling funding sources, providing as much detail, similar to that requested above, as possible. (c) LHCAs must describe the applicant's geographic coverage for the period October 1, 2003 through September 30, 2004. For example, indicate the percentage of a metropolitan area covered by the grantee. If the LHCA operates in more than one state, indicate which states and the percent of each state covered. Intermediaries and SHFAs must identify the sub-grantees, affiliates and branches, and corresponding states, to which the applicant provided housing counseling funding, for the period October 1, 2003, through September 30, 2004, through: (i) FY2003 HUD housing counseling grant funds, if applicable (ii) All housing counseling resources (4) Projected Performance/Work Plan--Involves information on housing counseling services to be conducted during the period October 1, 2005 through September 30, 2006. Applicants must provide the following information, which will be used in conjunction with responses in Rating Factor 5, as a basis to support the scoring of the sub- factors below. Responses should contain ``Projected Performance'' as part of the heading for the response. (a) Average hours of housing counseling time the applicant estimates per client, for each of the activities listed in V.A.3.c(1)(a)(i)-(xi), including follow-up: If the projected average times are the same as those listed for the period covering October 1, 2003-September 30, 2004, the applicant may simply state so in lieu of listing them again here. The proposed average hourly labor-rate for housing counselors working for the applicant, affiliates, or branch network, if applicable, including benefits. (b) For intermediaries and SHFAs, the total number of sub-grantees and branches, and corresponding number of states, that the applicant estimates will receive funding through the proposed FY2005 HUD Housing Counseling Grant. If applying for supplemental funding, indicate the number of sub-grantees and branches the applicant estimates for comprehensive counseling, and for each type of supplemental funding requested. (c) For intermediaries and SHFAs, the total number of sub-grantees and branches that the applicant estimates will receive funding, specifically for housing counseling, from the applicant, both through the proposed FY2005 HUD Housing Counseling Grant, and other sources of funds, during the grant period October 1, 2005, to September 30, 2006. (5) Projected Performance/Work Plan--Quality and Complexity of Services (12 points) In scoring this Section, HUD will consider the types and variety of housing counseling and education services being offered, and other activities occurring in support of the applicant's housing counseling program. HUD will also evaluate the quality of the applicant's proposed housing counseling services, and level of effort and time associated with providing the proposed counseling services to the number of clients it estimates it will serve. Scoring will be based on the degree to which the applicant demonstrates that, for each type of counseling service delivered, average, greater than average or less than average time and resources will be devoted to ensure that clients receive quality counseling. Additionally, scorers will evaluate the extent to which an applicant will encourage and provide one-on-one counseling, which HUD considers the most effective form of housing counseling, instead of over-relying on homebuyer education workshops and other forms of group sessions. (a) Describe the various types of housing counseling and education services, and if applicable intermediary activities, including training, the applicant proposes to undertake, and identify the geographic area the services will cover. Also, describe planned follow- up activities, if applicable. Applicant work plans must include both pre-purchase counseling and post-purchase counseling and a broad array of counseling services in general. Applicants that provide default counseling as part of the work plan will receive more points in this sub-factor than those that do not. Intermediaries and SHFAs must also: (i) Describe the housing counseling and education activities to be provided by proposed sub-grantees and branches, [[Page 13820]] explicitly stating the types of services to be offered, preferably in a chart. (ii) Describe the applicant's legal relationship with sub-grantees (i.e. membership organization, field, or branch office, subsidiary organization, etc.) (iii) Explain the process that will be used to determine sub- grantee funding levels and distribute funds. If applicable, indicate how sub-grantee funding levels are adjusted on an on-going basis based on performance. (b) Describe the level of effort and time the applicant anticipates is required to provide the proposed counseling services to, and meet the needs of, the number of clients it indicates in Section V.A.4.c (4)(a)-(d) that it will serve with the proposed grant. Explain and describe the activities corresponding to the average counseling time figures for each counseling type provided in Section V.A.4.c (4)(b). (c) Explain the figures provided in Section V.A.4.c (4)(c)-(d) regarding proposed group session participation and one-on-one counseling. Describe how clients are selected for one or the other, the relationship between the two, and the role that each will play in the overall service provision. (d) Indicate the names and titles of employees, including subcontractors and consultants, allocated to each proposed activity, as well as the corresponding staff hours for each task, and demonstrate that the applicant has the human resources to accomplish the proposed activities and serve the number of individuals the applicant proposes to serve. The staff information should include who from Rating Factor 1 will be involved and any new staff, subcontractors or consultants that will be hired for the October 1, 2005-September 30, 2006 grant period. (6) Projected Performance/Work Plan--Coordination (5 points). HUD will consider the extent to which, as compared to similar applicants, the applicant can demonstrate it will coordinate proposed activities with other organizations, and if applicable with other services and products offered by the applicant's organization, in a manner that benefits their clients. Scoring will also be based on the degree to which the applicant takes steps to avoid conflicts of interest, and discloses to clients that they have a choice in matters such as the loan product they choose and the house that they purchase. (a) Describe partnerships and efforts to coordinate proposed activities with other organizations, including, but not limited to, emergency and social services providers, lending organizations, homeowner insurance providers, down payment and closing cost assistance programs, and nonprofit housing providers. For example, describe agreements with lenders regarding non-traditional lending standards. Any written agreements or memoranda of understanding in place should be described and copies provided. Applicants should also highlight internal products and functions, such as loan products available to clients, down payment and closing cost assistance programs, as well as internal affordable housing programs that can be a resource for clients. Applicants requesting supplemental funding should highlight the partnerships or internal products that are relevant to the proposed predatory lending, Homeownership Voucher counseling, Colonias or HECM activities. For example, applicants for supplemental funding for predatory lending should also describe relevant partnerships and relationships with other organizations, including state and local government regulatory agencies, Legal Aid groups, and other organizations with whom the applicant collaborates on predatory lending cases and issues, or to whom the applicant refers clients affected by predatory lending. (b) Describe plans to avoid conflicts of interest, such as methods for disclosing to participants that they are free to choose lenders, loan products, and homes, regardless of the recommendations made by counselors. To receive full credit in this Section, the applicant must provide copies of the disclosure forms and materials used by the applicant to communicate to clients that, while affordable homes, lending products and other forms of assistance might be available through the applicant, and partnerships in which the applicant has entered, the client is under no obligation to utilize these services. (7) Projected Performance/Work Plan--Impact/Efficient Use of Resources (10 points). In scoring this Section, HUD will evaluate the number of clients that the applicant estimates will be served under the proposed HUD grant, by the applicant and sub-grantees, if applicable, for the grant period October 1, 2005, to September 30, 2006. Scoring will be based on the cost and quantity of clients the applicant proposes to serve, compared historical averages for similar services. Proposed clients served numbers will also be analyzed in the context of budget, costs, spending decisions, the types of services provided, level of effort expended, etc. HUD will also factor in other information that demonstrates that resources are being used efficiently; for example, the percentage of grant funds intermediaries and SHFAs pass through to sub-grantees Additionally, HUD will evaluate the geographic coverage of the applicant's proposed activities. In the case of intermediaries and SHFAs, the number of proposed sub-grantees and branches, the overall size and scope of the counseling network will be a factor in the scoring. (a) Provide a context for, or qualify the number of clients the applicant projects to serve with the proposed HUD grant. Indicate how location, counseling and client types, and expenses may affect client volume, and whether the impact will be short-term or long-term. Justify proposed expenses and explain why they are reasonable, strategic, and appropriate for the counseling activities identified above. Explain and justify significant changes, relative to past performance and grant/budget size, in the number of clients the applicant proposes to serve. For example, describe changes in the types of counseling being delivered, costs, etc. (b) Intermediaries and SHFAs must also indicate what percentage of their proposed award will be passed through directly to sub-grantees and branches, and explain how funds not passed through will be spent. LHCAs that apply under Applicant Category 1 must indicate what percentage of their proposed award will be spent on the salaries and benefits of housing counselors and project directors. Explain in detail how other proposed funds will be spent. (c) LHCAs must list all branch offices and indicate if they will be funded through the proposed award. Also, describe the applicant's geographic coverage. For example, indicate the percentage of a metropolitan area that will be covered by the grantee, and if the applicant will operate in more than one state, identify the states and what percent of coverage in each the applicant will provide. Intermediaries and SHFAs must also identify the sub-grantees and branches, and corresponding states, the applicant proposes will receive funding through this grant award. In the event that different sub- grantees or branches will be selected for comprehensive counseling and/ or the supplemental funding types, separately list proposed sub- grantees and branches for each. Applicants unable to precisely identify [[Page 13821]] proposed sub-grantees and branches to receive funding through the proposed grant must identify the most likely sub-grantees and branches, based on past experience, and explain what process will be used to select actual sub-grantees and branches. Pursuant to the applicable regulations at 24 CFR 84.82(d)(3)(iii) and 85.30(d)(4), grantees must receive HUD's prior written approval for sub-grants. d. Rating Factor 4: Leveraging Resources (10 Points) HUD housing counseling grants are not intended to fully fund an applicant's housing counseling program, or that of its sub-grantees. All organizations that use housing counseling grant funds are expected to seek other private and public sources of funding for housing counseling to supplement HUD funding. Any agency that does not have other resources available will receive no points for this factor. Applicants will be evaluated based on their ability to show that they have obtained additional resources for their housing counseling activities, including: direct financial assistance; in-kind contributions, such as services, equipment, office space, labor; etc. Resources may be provided by governmental entities, public or private nonprofit organizations, for-profit private organizations, or other entities committed to providing assistance. Grantees will be required to maintain evidence that leveraged funds were actually provided to the agency. These files will be reviewed by HUD staff as a part of the biennial reviews and on-site monitoring visits. (1) Applicants must provide a comprehensive list of all leveraged funds and in-kind contributions being claimed. Include the amount and the source. All contributions, including cash and third party in-kind, shall be accepted as part of the recipient's cost sharing or matching when such contributions meet all of the criteria set forth in 24 CFR 84.23. (2) Additionally, resources provided by the applicant may count as leveraged resources. These amounts must include only funds that will directly result in the provision of housing counseling services, but not resources for activities such as down payment and closing cost assistance, IDA programs, and emergency services. (3) Intermediaries and SHFAs should include information on leveraged resources for their entire counseling network and program, not simply anticipated sub-grantees that will be funded through this application. (4) Points for this factor will be awarded based on the satisfactory level of leveraging and financial sustainability and the percentage of the applicant's total housing counseling budget that the requested HUD housing counseling funds would represent. Depending on organization type, the following scales will be used to determine scores for this factor: LHCAs and SHFAs 1-25%--10 points 26-40%--9 points 41-48%--8 points 49-55%--7 points 56-65%--6 points 66-75%--5 points 76-85%--4 points 86-91%--3 points 92-95%--2 points 96-99%--1 point Intermediaries 1-15%--10 points 16-23%--9 points 24-29%--8 points 30-35%--7 points 36-41%--6 points 42-47%--5 points 48-53%--4 points 54-59%--3 points 60-65%--2 points 66-99%--1 point e. Rating Factor 5: Achieving Results and Program Evaluation (8 Points) This factor emphasizes HUD's determination to ensure that applicants meet commitments made in their applications and grant agreements and assess their performance to realize performance goals, and reflects HUD's goal to embrace high standards of ethics, management and accountability. The purpose of this factor is for the applicant to identify program outputs and outcomes that will allow it and HUD to measure actual achievements against anticipated achievements. Outputs and outcomes must be objectively quantifiable. In scoring this section, HUD will consider the thoroughness of the response, as well as the appropriateness of the proposed outcomes given the proposed HUD award and past performance, as compared to similar applicants. (1) Program Outcome Logic Model (6 Points) Applicants must complete and submit Form HUD-96010 identifying activities to be performed, program outputs and outcomes to be achieved with grant funds. Applicants must also submit an effective, quantifiable, outcome-oriented evaluation plan for measuring performance and determining that output and outcome goals have been met. Applicants must submit a program evaluation plan, consisting of the completed Form HUD-96010, Program Outcome Logic Model, and corresponding narrative, that identifies what will be measured, how it will be measured, and the steps the applicant has in place to make adjustments to the work plan if performance targets are not met within established timeframes. Specifically, the plan must identify: (a) Outputs. Outputs are the direct products of the applicant's activities that lead to the ultimate achievement of outcomes. Examples of outputs include, but are not limited to, the number of individual counseling sessions, the number of group sessions to be provided, the number of materials to be distributed, and outreach activities. Identify interim and full grant term outputs, and time frames for accomplishing these goals. The plan must show how the applicant will measure actual accomplishments against anticipated achievements. [sbull] Provide the following figures. Do not provide ranges or percentages, but a specific numbers of clients. These amounts should represent individuals to be served entirely with HUD housing counseling funding. If, in reality, various funding sources will contribute to the services provided each individual, the applicant must prorate their response to reflect a figure representing services provided with only funding from the proposed grant. [sbull] The total number of clients the applicant projects it and, if applicable, sub-grantees, will serve under the total proposed HUD grant, including all requested supplemental funding. [sbull] If requesting supplemental funding, indicate the specific number of clients the applicant projects it, or if applicable, sub- grantees, will serve under the comprehensive counseling portion of the requested award. [sbull] If requesting supplemental funding, separately indicate for each specific type of supplemental funding being requested, the number of clients the applicant projects it, or if applicable, sub-grantees, will serve under the proposed supplemental funding. The total number of clients that will receive only Homebuyer Education Workshops or other types of classes offered as group sessions with the proposed award in general, and under each of the applicable supplemental funding types. [sbull] The number of clients that will participate in one-on-one counseling only, with the proposed award in general, and under each of the applicable supplemental funding types. [[Page 13822]] (b) Work Plan Adjustments. Describe steps in place to make adjustments to the work plan if outputs are not met within established time frames or if the applicant begins to fall short of established outputs and time frames. National and regional intermediaries and SHFAs should indicate if and how the performance of sub-grantees and branch offices, affects current and future sub-grants and allocations. (c) Outcomes. Outcomes are benefits accruing to the families as a result of participation in the program. Outcomes are performance indicators the applicant expects to achieve or goals it hopes to meet over the term of the proposed grant. For the period October 1, 2005- September 30, 2006, provide the following anticipated outcomes for clients as a result of the proposed grant. In other words, provide the figure that the applicant estimates for that outcome category under the HUD grant activities column on the Form HUD-9902. [sbull] The number of individuals receiving pre-purchase counseling that will purchase a home; [sbull] The number of individuals receiving pre-purchase counseling that are working toward becoming mortgage ready; [sbull] The number of individuals receiving pre-purchase counseling that, after evaluating their unique financial situation and the costs of homeownership, will elect not to purchase a home; [sbull] The number of individuals receiving default counseling that will successfully avoid foreclosure; [sbull] The number of individuals seeking help in locating or securing residence in rental housing that found alternative rental housing; [sbull] Applicants proposing to address predatory lending should indicate the number of clients affected by predatory lending counseled that will have their mortgage modified, refinanced, or otherwise assisted to avoid foreclosure. These specific outcomes correspond to the Form HUD-9902 data. The proposed outcomes the applicant provides will be compared to actual results in the measurement of grant performance and future grant application evaluations. (2) Information Collection (2 points). Describe the applicant's procedure for following-up with clients and collection of outcome information. B. Review and Selection Process. Two types of reviews will be conducted. 1. Technical Review. First, each application will be reviewed for technical sufficiency, in other words, whether the application meets the threshold requirements set out in this NOFA and the General Section and whether all required forms have been submitted. The General Section provides the procedures for corrections to deficient applications. 2. General Review. The second review considers the responses to the rating factors outlined above and other relevant information. Applications will be evaluated competitively and ranked against all other applicants that applied in the same funding category. 3. Rating Panels. Detailed information on the rating review panels appears in the General Section. 4. Minimum Score for Fundable Applications. The minimum score for fundable applications is 75 points. VI. Award Administration Information A. Award Notices Following selection, applicants will receive notification from HUD regarding their application. 1. Publication of Recipients of HUD Funding HUD's regulations at 24 CFR Part 4 provide that HUD will publish a notice in the Federal Register to notify the public of all decisions made by the Department. Please see the General Section for more information on this topic. 2. Debriefing Applicants may receive a debriefing on their application submission. Please see the General Section for a further discussion of the time frame in which the debriefing request may be submitted. B. Administrative and National Policy Requirements 1. Environmental Requirements In accordance with 24 CFR 50.19(b)(9) and (12) of the HUD regulations, activities assisted under this program are categorically excluded from the requirements of the National Environmental Policy Act and are not subject to environmental review under the related laws and authorities. 2. Audit Requirements Grantees that expend $500,000 or more in federal financial assistance in a single year (this can be program year or fiscal year) must be audited in accordance with the OMB requirements as established in 24 CFR part 84. Additional information regarding this requirement can be accessed at the following Web site: http://harvester.census.gov/ sac. 3. Other Matters a. Relocation. See the General Section. b. OMB Circulars and Government-wide Regulations Applicable to Financial Assistance Programs. See the General Section. c. Prohibition Against Lobbying Activities. See the General Section. d. Procurement of Recovered Materials. See the General Section. f. Executive Order 13279 Equal Protection of the Laws for Faith- Based and Community Organizations. See the General Section. g. Salary Limitation for Consultants. See the General Section. h. Executive Order 13132, Federalism. See the General Section. i. Sense of Congress. See the General Section. C. Reporting 1. Fiscal Year Activity Report Grantees are required to submit Form HUD-9902, Fiscal Year Activity Report, via HUD's web-based Housing Counseling System (HCS). The information compiled from this report provides HUD with its primary means of measuring program performance. 2. Program Outcome Logic Model Grantees are required to submit an updated Form HUD-96010, Program Outcome Logic Model in accordance with the reporting requirements of the grant agreement. The information in this form provides the primary means through which HUD will monitor the ongoing performance of the grantee. VII. Agency Contact(s) A. Technical Assistance For technical assistance in downloading or submitting an application package using http:www.Grants.gov, contact the Grants.gov support desk at 800-518-Grants or by sending an e-mail to [email protected]. B. Programmatic Information For program related information, LHCAs and SHFAs should contact the HOC serving their area, as indicated below. Intermediaries should contact HUD Headquarters, Program Support Division at (202) 708-0317 (this is not a toll-free number). Hearing and speech challenged persons may access the telephone numbers listed below by calling the Federal Information Relay Service at 800-877-8339. [[Page 13823]] ------------------------------------------------------------------------ Homeownership center States ------------------------------------------------------------------------ PHILADELPHIA HOMEOWNERSHIP CENTER Ms. Connecticut, Delaware, District Brenda Bellisario, Acting Director, of Columbia, Maine, Maryland, Program Support Division, Wannamaker Massachusetts, Michigan, New Building, 100 Penn Square East, 12th Hampshire, New Jersey, New Fl Philadelphia, PA 19107-3389, For York, Ohio, Pennsylvania, programmatic information contact: Rhode Island, Vermont, Robert Wright [email protected]. Virginia, West Virginia. (215) 656-0527 x3406. ATLANTA HOMEOWNERSHIP CENTER Ms. Gayle Alabama, Puerto Rico, Florida, Knowlson, Director, Program Support Georgia, Illinois, Indiana, Division 40 Marietta Street, 8th Floor Kentucky, Mississippi, North Atlanta, GA 30303-2806 For Carolina, South Carolina, programmatic information contact: E. Tennessee. Carolyn Hogans E.--Carolyn-- [email protected] (404) 331-5001, x2129. DENVER HOMEOWNERSHIP CENTER Ms. Irma Arkansas, Colorado, Iowa, Devich, Director, Program Support Kansas, Louisiana, Minnesota, Division 1670 Broadway Denver, CO Missouri, Montana, Nebraska, 80202-4801 For programmatic New Mexico, North Dakota, information contact: 303-672-5200 Vic Oklahoma, South Dakota, Texas, Karels x1995 Victor--E.-- Utah, Wisconsin, Wyoming. [email protected] Jonna Munson x1987 [email protected]. SANTA ANA HOMEOWNERSHIP CENTER Mr. Alaska, Arizona, California, Jerrold Mayer, Director, Program Hawaii, Oregon, Idaho, Nevada, Support Division 1600 N. Broadway Washington. Suite 100 Santa Ana, CA 92706-3927 For programmatic information contact: Rhonda J. Rivera, rhonda--j.-- [email protected] 1-888-827-5605 x3210. ------------------------------------------------------------------------ VIII. Other Information A. Satellite Broadcast HUD will hold an informational broadcast via satellite for potential applicants to learn more about the program and the application. For more information about the date and time of the broadcast, consult the HUD Web site at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm. B. Public Access, Documentation, and Disclosure See the General Section of the SuperNOFA for more information on this topic. C. Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2502-0261. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. Appendix A--Form HUD-9902, Fiscal Year Activity Report BILLING CODE 4210-32-P [[Page 13824]] [GRAPHIC] [TIFF OMITTED] TN21MR05.110 [[Page 13825]] [GRAPHIC] [TIFF OMITTED] TN21MR05.111 [[Page 13826]] [GRAPHIC] [TIFF OMITTED] TN21MR05.112 [[Page 13827]] [GRAPHIC] [TIFF OMITTED] TN21MR05.113 [[Page 13828]] [GRAPHIC] [TIFF OMITTED] TN21MR05.114 [[Page 13829]] [GRAPHIC] [TIFF OMITTED] TN21MR05.115 [[Page 13830]] [GRAPHIC] [TIFF OMITTED] TN21MR05.116 [[Page 13831]] [GRAPHIC] [TIFF OMITTED] TN21MR05.117 [[Page 13832]] [GRAPHIC] [TIFF OMITTED] TN21MR05.118 [[Page 13833]] [GRAPHIC] [TIFF OMITTED] TN21MR05.119 [[Page 13834]] [GRAPHIC] [TIFF OMITTED] TN21MR05.120 [[Page 13835]] [GRAPHIC] [TIFF OMITTED] TN21MR05.121 [[Page 13836]] [GRAPHIC] [TIFF OMITTED] TN21MR05.122 [[Page 13837]] Lead-Based Paint Hazard Control Grant Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control B. Funding Opportunity Title: Lead-Based Paint Hazard Control Grant Program C. Announcement Type: Initial announcement D. Funding Opportunity Number: FR-4950-N-25; OMB Approval Number 2539-0015 E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.900 Lead-Based Paint Hazard Control in Privately Owned Housing F. Dates: For 2005 HUD is accepting electronic applications utilizing Grants.gov. The application submission date is June 7, 2005. Applications submitted through www.grants.gov must be received by Grants.gov no later than 11:59:59 p.m. eastern time on June 7, 2005. All narrative files and any scanned documents must be submitted as a zip file, single attachment to the electronic application. See the General Section for specific instructions for application submissions procedures, timely filing, methods, acceptable proof of application submission and receipt procedures, and other information regarding application submission. Materials associated to your electronic application submitted by facsimile transmission must also be received by 11:59:59 p.m. eastern time on the application submission date. Applicants receiving a waiver of the electronic submission requirement must submit their application to the United States Postal Service for delivery no later than 11:59:59 p.m. eastern time on the application submission date. Please carefully read the submission and timely receipt requirements in the General Section. G. Optional, Additional Overview Content Information: 1. Purpose of the Program. The purpose of the Lead-Based Paint Hazard Control Grant Program is to assist states, Native American Tribes and local governments in undertaking comprehensive programs to identify and control lead-based paint hazards in eligible privately owned housing for rental or owner-occupants. 2. Available Funds. Approximately $93.6 million. 3. Eligible Applicants. To be eligible to apply for funding under this program, the applicant must be a state, Native American Tribe, city, county, or similar unit of local government. Multiple units of a local government (or multiple local governments) may apply as part of a consortium; however, you must identify a lead applicant that will be responsible for ensuring compliance with all requirements specified in this NOFA. If you are a state or Tribal applicant, you must have a Lead-Based Paint Contractor Certification and Accreditation Program authorized by the Environmental Protection Agency (EPA). Current grantees with grants ending after December 31, 2005 are not eligible to apply. 4. Match. A statutory minimum of 10 percent match is required. Full Text of Announcement I. Funding Opportunity Description A. Program Description The Lead-Based Paint Hazard Control Program is authorized by Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992, Public Law 102-550). HUD's authority for making funding available under this NOFA is the Consolidated Appropriations Act, 2005. The Lead-Based Paint Hazard Control Grant Program assists states, Native American Tribes and local governments in undertaking programs for the identification and control of lead-based paint hazards in eligible privately owned rental and owner-occupied housing units. Refer to Section II.C.2, below, for instructions on downloading a table, ``Eligibility of HUD Assisted Housing,'' that lists the HUD-associated housing programs that meet the definition of eligible housing under this program. HUD is interested in promoting lead hazard control approaches that result in the reduction of elevated blood lead levels in children for the maximum number of low-income families with children under six years of age, for the longest period of time, and that demonstrate techniques which are cost-effective, efficient, and replicable elsewhere. Copies of HUD's Lead-Safe Housing Regulation, and the companion publication ``Interpretive Guidance: The HUD Regulation on Controlling Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally Owned Housing Being Sold,'' are available from the National Lead Information Clearinghouse at 1-800-424-LEAD (this is a toll-free number). If you are a hearing- or speech-impaired person, you may reach the telephone number via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339. Copies are also available from the Office of Healthy Homes and Lead Hazard Control Web site at: www.hud.gov/offices/lead. 1. Because lead-based paint is a national problem, these funds will be awarded to programs which: a. Maximize the combination of children under six years of age protected from lead poisoning and housing units where lead-hazards are controlled; b. Target the reduction of elevated blood lead levels in children for the maximum number of low-income families with children under six years of age, for the longest period of time, and that demonstrate techniques which are cost-effective, efficient, and replicable elsewhere. c. Stimulate cost-effective approaches that can be replicated; d. Emphasize lower cost methods of hazard control; e. Build local capacity to safely and effectively address lead hazards during lead hazard control, renovation, remodeling, and maintenance activities; and f. Affirmatively further fair housing and environmental justice. 2. The objectives of this program include: a. Implementation of a national strategy, as defined in Title X of the Housing and Community Development Act of 1992 (42 U.S.C. 4851 et seq.) (Title X), to build the community's capacity necessary to eliminate lead-based paint hazards in housing, as widely and quickly as possible by establishing a workable framework for lead-based paint hazard identification and control; b. Mobilization of public and private resources, involving cooperation among all levels of government, the private sector, and grassroots community-based nonprofit organizations, including faith- based organizations, to develop cost-effective methods for identifying and controlling lead-based paint hazards; c. Development of comprehensive community approaches which result in integration of all community resources (governmental, grassroots community-based nonprofit organizations, including faith-based organizations, or other community-based organizations, and private businesses) to address lead hazards in housing; d. Integration of lead-safe work practices into housing maintenance, repair, weatherization, rehabilitation, and other programs that will continue after the grant period ends; e. Establishment of a public registry (listing) of lead-safe housing or inclusion of the lead-safe status of properties in another publicly accessible address-based property information [[Page 13838]] system to be affirmatively marketed to families with young children; and f. To the greatest extent feasible, promotion of job training, employment, and other economic opportunities for low-income and minority residents and businesses that are owned by and/or employ minorities and low-income persons as defined in 24 CFR 135.5 (see 59 FR 33881, June 30, 1994). 3. Changes in FY2005 Competitive NOFA. a. The page limit for the narrative response to the rating factors has been reduced from 25 to 15 pages. b. Applicants are to complete and submit the Rating Factor Tables included in Section IV of this NOFA. c. The minimum percentage of the federal funds requested identified for direct lead hazard control activities has been increased from 60 to 65 percent with temporary relocation now included as a direct lead hazard control activity. Direct lead hazard control activities consist of dust testing, combined lead paint inspection and risk assessments, interim controls, abatement of lead hazards, temporary relocation, and clearance examinations. Direct hazard control activities do not include blood lead testing of residents or workers, housing rehabilitation, training, community education and outreach, applied research, purchase of supplies or equipment, or administrative costs. II. Award Information A. Funding Available Approximately $93.6 million will be available for the Lead-Based Paint Hazard Control Grant Program. Approximately 32 to approximately 40 grants will be awarded. Grant award amounts shall be from approximately $1 million up to a maximum of $3 million per grant. Of the total grants, a maximum of $32.7 million will be made available to applicants eligible for a Competitive Performance-Based Renewal grant, as defined below in Section III.A.1.b. Competitive Performance-Based Renewal award amounts shall be approximately $2 million up to a maximum of $4 million per grant. We anticipate awarding approximately seven to approximately ten grants to Competitive Performance-Based Renewal applicants. Approximately $60.9 million will be awarded to new, current and previously funded applicants not awarded Competitive Performance- Based Renewal grants, as defined below in Section III.A.1.a. Grant award amounts for these grants shall be from approximately $1 million up to a maximum of $3 million per grant. The project duration shall be 36 months for all grant recipients. Period of performance extensions for delays due to exceptional conditions beyond the grantee's control will be considered for approval by HUD in accordance with 24 CFR 85.25(e)(2) and the OHHLHC Program Guide. Such extensions, when granted, are one time only, and for no longer than a period of one year. B. Contracts or Other Formal Arrangements With Grassroots Community- Based Nonprofit Organizations, Including Faith-Based Organizations If selected for funding, local and State applicants are encouraged to enter into formal arrangements with grassroots community-based nonprofit organizations, including faith-based organizations. (This does not apply to Native American Tribes.) These formal arrangements could be a contract, a Memorandum of Understanding (MOU), a Memorandum of Agreement (MOA), or a letter of commitment. Such relationships should be established prior to the actual execution of an award or within 120 days of the effective start date of the grant agreement. III. Eligibility Information See the General Section for additional eligibility requirements applicable to HUD Programs. A. Eligible Applicants 1. To be eligible to apply for funding under this program, the applicant must be a State; Native American tribal government; or a city, county, or similar unit of local government. Multiple units of a local government (or multiple local governments) may apply as part of a consortium; however, you must identify a lead applicant that will be responsible for ensuring compliance with all requirements specified in this NOFA. State government and Native American tribal applicants must have an EPA approved State Program for certification of lead-based paint contractors, inspectors, and risk assessors in accordance with 40 CFR 745. Current grantees with grants ending after December 31, 2005 may not apply under this NOFA. a. ``General applicants'' are new applicants, previously funded lead-based paint hazard control grantee applicants whose period of performance ended prior to the NOFA publication date, and current grantees with grants ending on or before December 31, 2005 (including those who are not awarded under the Competitive Performance-Based Renewal category), and will be evaluated and scored as a separate group. Grantee applicants that are eligible to compete under the Competitive Performance-Based Renewal category will be evaluated and scored as a separate group. b. Eligible Applicants for Competitive Performance-Based Renewal Grants. Current grantees with grants ending on or before December 31, 2005 must meet specific competitive performance criteria outlined in Section III.A.3, below, for the period ending March 31, 2005 to be eligible for a Competitive Performance-Based Renewal Grant. Eligible applicants that do not receive funding under the Competitive Performance-Based Renewal category will be evaluated and scored in the General applicant category. Unsuccessful applicants under the Competitive Performance-Based Renewal category will be evaluated and scored in the general applicant category. If your requested funding amount for a Competitive Performance-Based Renewal application exceeds $3 million, and if you wish to be considered for a General category grant should you not be funded for a Competitive Performance-Based Renewal grant, you must submit a separate application for the General category with a funding request not exceeding $3 million in order to be considered for funding in the General category if your Competitive Performance-Based Renewal grant application is not funded. 2. Applicants may submit only one application for each category in which you are eligible to apply. If a single applicant submits multiple applications, this will be considered a technical deficiency and the application review process delayed until the applicant notifies HUD in writing which application should be reviewed. Your other applications will be returned without being rated or ranked. 3. Minimum Eligibility Criteria for Competitive Performance-Based Renewal Grants Eligibility Criteria For Period Ending March 31, 2005 * [[Page 13839]] ------------------------------------------------------------------------ Percent of grant agreement Percent of grant federal funds agreement units reimbursed Calendar quarter of grant expiration completed and through the line cleared of credit control system (LOCCS) ------------------------------------------------------------------------ April-June.......................... 100 80 July-September...................... 95 75 October-December.................... 80 60 ------------------------------------------------------------------------ * Based on Quarterly Progress Reporting Data submitted to HUD for the reporting period ending March 31, 2005. By achieving the above-referenced minimum level of performance both for percent of units cleared and grant award disbursement (as reported through LOCCS), current grantees are eligible for competition under the Competitive Performance-Based Renewal category for receiving additional funds. 4. Existing grantees awarded grant funds under this category will be required to meet the terms and conditions of their current grant agreement and any additional applicable requirements under this NOFA and subsequent grant agreement modification. HUD may terminate awards to grantees that fail to meet established milestones or benchmark performance standards established by this NOFA or the Award Agreement. B. Cost Sharing or Matching You must provide a matching contribution of at least 10 percent of the requested grant sum. This may be in the form of cash, including private sector funding, or in-kind (non-cash) contributions or a combination of these sources. With the exception of Community Development Block Grant (CDBG) funds, Federal Revenue Sharing programs, or other programs which by statute allow their funds to be considered local funds and therefore eligible to be used as matching funds, federal funds may not be used to satisfy the statutorily required 10 percent matching requirement. Federal funds may be used, however, for contributions above the statutory requirement. If an applicant does not include the minimum 10% match in the application, it will be considered ineligible for an award. The applicant must submit a letter of commitment for the match from each organization other than itself that is providing a match, whether cash or in-kind. The letter must describe the contributed resources that you will use in the program and their designated purpose. The signature of the authorized official on the Form SF-424 commits matching or other contributed resources of the applicant organization. A separate letter from the applicant organization is not required. C. Other 1. Eligible Activities All lead hazard control activities must be conducted in compliance with the applicable requirements of HUD's Lead-Safe Housing Regulation, 24 CFR Part 35, and as clarified in HUD's Interpretive Guidance about the rule located at http://www.hud.gov/offices/lead. Activities must also comply with any additional requirements in effect under a state or Tribal Lead-Based Paint Training and Certification Program that has been authorized by the EPA pursuant to 40 CFR 745.320. There are, in general, four categories of expenditures under this grant program, as are discussed below. They are: direct costs for lead hazard identification control activities, direct costs for other activities, indirect costs, and administrative costs. a. Direct Lead Hazard Identification and Control Activities. The proposed budget must show a minimum of 65 percent of the total Federal amount requested identified for direct lead hazard control activities. Direct lead hazard control activities consist of dust testing, combined lead paint inspection and risk assessments, interim controls, abatement of lead hazards, temporary relocation of occupants when lead hazard control intervention work is conducted in a unit, and clearance examinations. Direct hazard control activities do not include blood lead testing of residents or workers, housing rehabilitation beyond what is specifically required to carry out effective hazard control, and without which the hazard control could not be completed and maintained, training, community education and outreach, applied research, purchase of supplies or equipment, or administrative costs. The remaining 35 percent of the funds are to be used for other direct costs, including those discussed in Section III.C.1.b below, or indirect costs. See budget section IV.B.1.c(4), below, for discussion of these cost limits. (1) Performing dust testing, combined lead-based paint inspections and risk assessments, and engineering and architectural activities that are required for, and in direct support of, interim control and lead hazard abatement work, of eligible housing units constructed prior to 1978 to determine the presence of lead-based paint and/or lead hazards from paint, dust, or soil through the use of acceptable testing procedures. The purchase or lease of a maximum of two X-ray fluorescence analyzers used by the grant program, if not already available, are eligible costs. All test results must be provided to the owner of the unit, together with a notice describing the owner's legal duty to disclose the results to tenants and buyers. (2) Conducting lead hazard control activities that may include any combination of the following strategies. All lead hazards identified in a housing unit or common area of multifamily housing enrolled in this grant program must be controlled or eliminated by any combination of these strategies. (a) Interim controls of lead-based paint hazards including lead- contaminated soil in housing (that must include specialized cleaning techniques to address lead dust), according to the HUD Guidelines, located at http://www.hud.gov/offices/lead. (b) Abatement. The complete abatement of all lead-based paint hazards in a unit or structure is acceptable if it is cost-effective. Abatement of lead-contaminated soil should be limited to areas with bare soil in the immediate vicinity of the structure, i.e. drip line or foundation of the unit being treated, and children's play areas. (3) Undertaking minimal housing rehabilitation activities that are specifically required to carry out effective hazard control, and without which the hazard control could not be completed and maintained. These grant funds may be used for lead hazard control work done in conjunction with other housing rehabilitation programs. HUD encourages integration of this grant program with housing rehabilitation, maintenance, [[Page 13840]] weatherization, and other energy conservation activities. (4) Conducting clearance dust-wipe testing and laboratory analysis (the laboratory must be recognized by EPA's National Lead Laboratory Accreditation Program (NLLAP) as being capable of performing lead analyses of samples of paint, dust-wipes, and/or soil). (5) Purchasing or leasing supplies having a per-unit cost under $5,000. (6) Performing blood lead testing and air sampling to protect the health of the hazard control workers, supervisors, and contractors. b. Eligible Other Direct Costs that you or your sub-recipients may undertake, include: (1) Carrying out temporary relocation of families and individuals during the period in which hazard control is conducted and until the time the affected unit receives clearance for re-occupancy. If families or individuals are temporarily relocated in a project which utilizes Community Development Block Grant funds, the guidance and requirements of 24 CFR 570.606(b)(2)(i)(D)(1)-(3) must be met. HUD recommends you review these regulations when preparing your proposal. (2) Conducting targeted community awareness, affirmative marketing, education or outreach programs on lead hazard control and lead poisoning prevention designed to increase the ability of the program to deliver lead hazard control services including educating owners of rental properties, tenants, and others on the Residential Lead-Based Paint Hazard Reduction Act, Lead-Safe Housing Rule, and applicable provisions of the Fair Housing Act especially as it pertains to familial status (i.e. families with children) and disability discrimination, and offering educational materials in languages other than English that are common in the community, consistent with HUD's published LEP Recipient Guidance, 68 FR 70968, and providing training on lead-safe maintenance and renovation practices and management. Upon request, this also would include making all materials available in alternative formats to persons with disabilities (e.g., Braille, audio, and large type). (3) Supporting data collection, analysis, and evaluation of grant program activities. This includes compiling and delivering such information and data as may be required by HUD. This activity is separate from administrative costs. (4) Preparing a final report at the conclusion of grant activities. (5) Conducting required pre-hazard control blood lead testing of children under six years of age residing in units undergoing lead paint inspection/risk assessment, or hazard control, unless reimbursable from Medicaid or another source. (6) Providing resources to build capacity for lead-safe housing and lead hazard control, including free delivery of HUD-approved lead-safe work practices training courses for housing rehabilitation contractors, rehabilitation workers, homeowners, renters, painters, remodelers, maintenance staff, and others conducting renovation, rehabilitation, maintenance or other work in private housing; free delivery of lead sampling technician training, lead-based paint worker or contractor certification training; and subsidies for licensing or certification fees to low-income persons seeking credentials as lead-based paint workers or contractors or lead sampling technicians. (7) Providing instruction, training, materials and supplies for dust control activities to grassroots community-nonprofit based organizations, including faith-based organizations, or other community- based organizations, parent organizations, homeowners, and renters in low-income private housing. (8) Conducting planning, coordination, and training activities to comply with HUD's Lead-Safe Housing Rule (24 CFR Part 35). These activities should support the expansion of a workforce properly trained in lead-safe work practices which is available to conduct interim controls on HUD assisted housing covered by these regulations. The regulation and interpretive guidance about the rule are available from the National Lead Information Center at 1-800-424-LEAD (this is a toll- free number). If you are a hearing- or speech-impaired person, you may reach the telephone number via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339. Copies are also available from the HUD Web site at: http://www.hud.gov. (9) Participating in applied research, studies, or developing information systems to enhance the delivery, analysis, or conduct of lead hazard control activities, or to facilitate targeting and consolidating resources to further childhood lead poisoning prevention efforts. 2. Eligibility of HUD-Assisted Housing. The chart ``Eligibility of HUD-Assisted Housing,'' posted at http://www.hud.gov/offices/adm/grants/fundsavail.cfm, lists the housing units that may participate under the Lead Hazard Control Grant Program. Only those HUD-assisted units on the list are eligible to participate and receive Lead-Based Paint Hazard Control Grant funds. 3. Threshold Requirements. As an eligible applicant, you must meet all of the threshold requirements in Section III.C of the General Section as well as any specific threshold requirements listed in this subsection. Applications will not be funded if they do not meet the threshold requirements. a. Applicants are required to match 10 percent of the grant funds requested with other funds or resources. b. EPA Authorization. If you are a State government or Indian (Native American) Tribal government, you must have an EPA-authorized Lead-Based Paint Training and Certification Program in effect on the application deadline date to be eligible to apply for Lead Based Paint Hazard Control Grant funds. The approval date in the Federal Register notice published by the EPA will be used in determining the Training and Certification status of the applicant state or Indian (Native American) Tribal government. If you do not have an EPA authorized program, the application will not be rated or ranked. c. DUNS Requirement. You will need to obtain a Dun and Bradstreet Universal Data Numbering System (DUNS) number in order to register and submit your electronic application on line through http://www.grants.gov. To obtain a DUNS number your can follow the directions on HUD's grants page at http://www.hud.gov/offices/adm/grants/duns.cfm or at http://www.grants.gov/GetStarted. 4. Program Requirements a. Environmental Requirements. Recipients of lead-based paint hazard control grants must comply with 24 CFR Part 58, ``Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities.'' Recipients and other participants in the project are prohibited from committing or expending HUD and non-HUD funds on the project until HUD approves the recipient's Request for the Release of Funds (form HUD 7015.15) or the recipient has determined that the activity is either Categorically Excluded, not subject to the related Federal laws and authorities pursuant to 24 CFR 58.35(b) or exempt pursuant to 24 CFR 58.34. For Part 58 procedures, see http:// www.hud.gov/offices/cpd/energyenviron/environment/index.cfm. For assistance, contact Karen Choi, the Office of Healthy Homes and Lead Hazard Control Environmental Officer at (213) 534-2458 (this is not a toll free-number) or the HUD Environmental Review Officer in the HUD Field Office serving your area. If you are a hearing- [[Page 13841]] or speech-impaired person, you may reach the telephone number via TTY by calling the toll-free Federal Information Relay Service at 1-800- 877-8339. Recipients of a grant under this funded program will be given additional guidance in these responsibilities. b. Executive Order 13202. Compliance with HUD regulations at 24 CFR 5.108 that implement Executive Order 13202, ``Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally-Funded Construction Projects,'' is a condition of receipt of assistance under this NOFA. c. Administrative Requirements. (1) Lead-Based Paint Hazard Reduction Act (Title X of the Housing and Community Development Act of 1992), Section 1011 of Title X. Section 217 of Public Law 104-134 (the Omnibus Consolidated Rescissions and Appropriations Act of 1996, 110 Stat. 1321, approved April 26, 1996) amended Section 1011(a) of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) to read as follows: ``Sec.1011. Grants for Lead-Based Paint Hazard Reduction in Target Housing ``(a) General Authority. The Secretary is authorized to provide grants to eligible applicants to target the reduction of elevated blood lead levels in children for the maximum number of low-income families with children under six years of age in housing that is not federally assisted housing, federally owned housing, or public housing, for the longest period of time, and that demonstrate techniques which are cost- effective, efficient, and replicable elsewhere. Grants shall only be made under this section to provide assistance for housing that meets the following criteria-- ``(1) for grants made to assist rental housing, at least 50 percent of the units must be occupied by or made available to families with incomes at or below 50 percent of the area median income level and the remaining units shall be occupied or made available to families with incomes at or below 80 percent of the area median income level, and in all cases the landlord shall give priority in renting units assisted under this section, for not less than 3 years following the completion of lead abatement activities, to families with a child under the age of six years, except that buildings with five or more units may have 20 percent of the units occupied by families with incomes above 80 percent of area median income level. ``(2) for grants made to assist housing owned by owner-occupants, all units assisted with grants under this section shall be the principal residence of families with income at or below 80 percent of the area median income level, and not less than 90 percent of the units assisted with grants under this section shall be occupied by a child under the age of six years or shall be units where a child under the age of six years spends a significant amount of time visiting''. For the purposes of complying with Section 1011, a unit occupied by a pregnant woman meets the Congressional intent of promoting primary prevention and therefore, can be assisted by this program. (2) Certified and Trained Performers. Funded activities must be conducted by persons qualified for the activities according to 24 CFR Part 35 (possessing certification as abatement contractors, risk assessors, inspectors, abatement workers, or sampling technicians, or others having been trained in a HUD-approved course in lead-safe work practices). (3) Consolidated Plans. (This requirement does not apply to Native American Tribes.) If your jurisdiction has a current HUD-approved Consolidated Plan, you must submit, as an appendix, the lead-based paint element included in the approved Consolidated Plan. If the Analysis of Impediments (AI) includes references to lead-based paint as an impediment to fair housing, this should be included in your application as well. If your jurisdiction does not have a currently approved Consolidated Plan, but it is otherwise eligible for this grant program, you must include your jurisdiction's abbreviated Consolidated Plan, which includes a lead-based paint hazard control strategy developed in accordance with 24 CFR 91.235. You may provide a currently validated web site (URL) reference where the required documentation above is readily accessible for use, instead of submitting the documentation itself. (4) Lead hazard evaluation and control work must be conducted in compliance with HUD's Lead Safe Housing Rule, 24 CFR Part 35, the HUD Guidelines, and applicable federal, state and local regulations and guidance. (5) Prohibited Practices. You must not engage in the following prohibited practices: (a) Open flame burning or torching; (b) Machine sanding or grinding without a high-efficiency particulate air (HEPA) exhaust control; (c) Uncontained hydro blasting or high-pressure wash; (d) Abrasive blasting or sandblasting without HEPA exhaust control; (e) Heat guns operating above 1,100 degrees Fahrenheit; (f) Chemical paint strippers containing methylene chloride or other volatile hazardous chemicals in a poorly ventilated space; and (g) Dry scraping or dry sanding, except scraping in conjunction with heat guns or around electrical outlets or when treating no more than two square feet in any one interior room or space, or totaling no more than 20 square feet on exterior surfaces. (6) Written Policies and Procedures. You must have clearly established, written policies and procedures for eligibility, program marketing, unit selection, expediting work on homes occupied by children with elevated blood lead levels, and all phases of lead hazard control, including risk assessment, inspection, development of specifications, pre-hazard control blood lead testing, financing, temporary relocation and clearance testing. Grantees, subcontractors, sub-grantees, sub-recipients, and their contractors must adhere to these policies and procedures. (7) Continued Availability of Lead-Safe Housing to Low-Income Families. Units in which lead hazards have been controlled under this program shall be occupied by and/or continue to be available to low- income residents as required by Title X (Section 1011). You must maintain a publicly available registry (listing) of units in which lead hazards have been controlled and ensure that these units are affirmatively marketed to agencies and families as suitable housing for families with children under six years of age. The grantee must also notify the owner of the lead hazard evaluation and control information generated by activities under this grant, so that the owner will comply with disclosure requirements under 24 CFR part 35, Subpart A. (8) Testing. In developing your application budget, include costs for lead paint inspection, risk assessment, and clearance testing for each dwelling that will receive lead hazard control, as follows: (a) General. All testing and sampling shall conform to the current HUD Guidelines and federal, state, or tribal regulations developed as part of the appropriate contractor certification program, whichever is more stringent. It is particularly important to provide this full cycle of testing for lead hazard control, including interim controls. Testing must be conducted according to the HUD Guidelines, located at http:// www.hud.gov/offices/lead/guidelines/hudguidelines/index.cfm, and the EPA lead hazard standards rule at 40 CFR [[Page 13842]] part 745. All test results must be provided to the owner in a timely fashion. (b) Lead-Based Paint and Lead-Based Paint Hazard Identification. A combined lead-based paint inspection and risk assessment is required. You should ensure that lead paint inspection and risk assessment reports are conducted in accordance with established protocols and sufficient to support hazard control decisions. (c) Clearance Testing. Clearance testing shall be completed in accordance with Chapter 15 of the HUD Guidelines and the EPA lead hazards standards rule at 40 CFR part 745 for abatement projects and the Lead-Safe Housing Regulation (24 CFR part 35) for lead hazard control activities or other abatement. The clearance standards shall be the more restrictive of those set by the local jurisdiction, EPA, or HUD. In accordance with the HUD Guidelines, Table 7.3, for multi-family residential properties, clearance can be done on randomly selected units, and credit will be given for the entire project represented by the units that were randomly selected. If rehabilitation is conducted in conjunction with lead hazard control, clearance may be conducted either after the lead hazard control work is completed, and again after any subsequent rehabilitation work is completed, or after all of the lead hazard control and rehabilitation work is completed. Clearance shall be successfully completed before re-occupancy. (d) Blood lead testing. Each occupant who is under six years of age should be tested for lead poisoning within the six months preceding the housing intervention. Any child with an elevated blood lead level must be referred for appropriate medical follow-up. The standards for such testing are described in the Centers for Disease Control and Prevention (CDC) publications Preventing Lead Poisoning in Young Children (1991), and Screening Young Children for Lead Poisoning: Guidance for State and Local Public Health Officials (1997). (9) Cooperation With Related Research and Evaluation. You shall cooperate fully with any research or evaluation sponsored by HUD, CDC, EPA or other government agency and associated with this grant program, including preservation of project data and records and compiling requested information in formats provided by the researchers, evaluators or HUD. This also may include the compiling of certain relevant local demographic, dwelling unit, and participant data not contemplated in your original proposal. Participant data shall be subject to Privacy Act protection. (10) Data collection. You will be required to collect and maintain the data necessary to document the various lead hazard control methods used and the cost of these methods. You should have a data archiving and electronic data backup system. (11) Section 3 Employment Opportunities. Please refer to Section III.C of the General Section. The requirements of Section 3 of the Housing and Urban Development Act of 1968 are applicable to this program. In your application you should demonstrate how you will ensure that, to the greatest extent feasible, training, employment, and other economic opportunities will be directed to low- and very-low income persons, particularly those who are recipients of government assistance for housing, and business concerns that provide economic opportunities to low- and very low-income persons. If you are funded, you will be required to submit Form HUD-60002 annually. (12) Replacing Existing Resources. Funds received under this grant program shall not be used to replace existing community resources dedicated to any ongoing project. (13) Certifications and Assurances. By submitting your application, you are making the certifications and assurances listed in section IV.B.1.b. (14) Conducting Business in Accordance with HUD Core Values and Ethical Standards. Refer to the General Section for information about conducting business in accordance with HUD's core values and ethical standards. (15) Lead-Safe Work Practice Training Activities. Applicants are encouraged to provide resources to promote the expansion of a workforce properly trained in lead-safe work practices and which is available to conduct interim controls and/or lead hazard abatement as well as follow lead-safe work practices while performing work on HUD assisted housing units per the provisions of the HUD Lead-Safe Housing Rule, 24 CFR 35.1330(a)(4)(iii)(v), and to safely repair, rehabilitate, and maintain other privately-owned residential property. (16) By September 30, 2006, grantees are to participate in an established statewide or jurisdiction-wide strategic plan to eliminate childhood lead poisoning as a major public health problem by 2010, or are to assist in the development of such a plan in states or localities that do not have such a strategic plan. (Further guidance will be provided to grantees on developing a strategic plan.) Applicants shall demonstrate the nature of their collaboration with Centers for Disease Control and Prevention (CDC) funded Childhood Lead Poisoning Prevention grantees, which are now required to develop such plans, and the local CDC subgrantee(s), where they exist for the grant's proposed target area(s). A list of CDC childhood lead poisoning prevention programs can be downloaded from www.cdc.gov/nceh/lead/grants/contacts/ keyContacts.htm. The CDC strategic elimination plans for state and local childhood lead poisoning prevention programs can be downloaded from http://www.cdc.gov/nceh/lead/Strategic%20Elim%20Plans/ strategicplans.htm. Applicants shall include an outline of the steps that they will take to participate in or develop a statewide or jurisdiction-wide strategic plan. At a minimum, the plan must include the following elements: (a) Mission Statement; (b) Purpose and Background on Lead Poisoning Prevalence; (c) Goals, Objectives, and Activities; and (d) Evaluation Plan. (17) Coordination among Critical Agencies. Submit documentation of the existence and nature of formal cooperation regarding childhood lead poisoning prevention programs among health agencies, housing agencies, community development agencies, and code enforcement agencies (or equivalent) for their target area(s) local jurisdiction(s), and, for state or tribal applicants, for their state or tribal health agencies, housing agencies, development agencies. and code enforcement agencies (or equivalent). Documentation shall include memoranda of agreement, memoranda of understanding, operating plans, or similar materials that describe the coordinated childhood lead poisoning prevention effort. Where local or state governments have combined two or more of these functions into a larger organization, the documentation may be from either the individual component entities or the larger organization. As part of this documentation, describe how the health department and the housing and/or development agency will consider enrolling housing units (or multifamily buildings) in which one or more children under age 6 years have elevated blood lead levels, with priority to housing where repeated and/or severe cases of childhood lead poisoning have occurred. (Because of the presence of a variety of priorities, it is not a requirement that units with lead-poisoned children be enrolled, but the [[Page 13843]] process for giving such units high priority should be described and implemented.) (18) Work Plan. For all grantees, the work plan shall consist of the goals and specific time-phased objectives established for each of the major activities and tasks required to implement the program. These major activities and tasks are outlined in the Quarterly Progress Reporting System (Form-HUD-96006) and include: Program Management and Capacity Building including data collection and program evaluation; Community Education, Outreach and Training; and Lead Hazard Activities including testing, interventions conducted, and temporary relocation. (a) You should provide documentation that addresses your jurisdiction's Consolidated Plan for pursuing goals for community planning and development programs and housing programs, the Community is tasked to address lead and other housing-related issues that affect the health of residents. The Notice of Funding Availability (NOFA) under which you received federal funding requires that your program submit ``a copy of the lead hazard control element included in your current program year's Consolidated Plan. (This does not apply to Native American Tribes) You should include the discussion of any lead- based paint issues in your jurisdiction's Analysis of Impediments, particularly as it addresses your target areas.'' In accordance with the requirements set forth in the NOFA, your work plan must include a detailed strategy to: (i) Obtain data from state or local health departments on the addresses of housing units in which children have been identified as lead poisoned, as required by 24 CFR 91.100(a)(2). (ii) Formalize commitments, or provide documentation of commitments, with applicable state or local health and child welfare agencies, community development organizations, and housing agencies to team with the HUD Lead Hazard Control grantee to identify and address childhood lead poisoning in your jurisdiction collaboratively, and describe your methods for coordinating among these agencies. (iii) Address issues of patient confidentiality raised by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as it relates to the release of addresses of units where children have been poisoned by lead-based paint hazards within your jurisdiction; in addition, provide thorough details of all security measures to be taken to ensure that the privacy of patient information obtained for the purposes of public health services conducted through the lead hazard control program will be safeguarded. (iv) Describe how lead hazard units, especially those known to contain EBL children, will be identified, selected, prioritized, and considered for treatment under this grant and/or other programs of the grantee or grantee's team members. You must demonstrate how you consider housing units identified by local health and child welfare agencies where incidences of childhood lead poisoning have occurred, particularly those where multiple poisonings have been reported, for enrollment into lead hazard control treatment programs. (b) Demonstration of specific steps and/or actions that will be taken to ensure that other resources in the community are utilized to increase funding, to locate and provide training, and to link with other local programs engaged in lead hazard control activities; (c) The management plan that describes how the project will be managed, and the timeline for staffing the program, establishing a lead-based paint contractor pool, and obtaining HUD approval for the Release of Funds Request (HUD Form 7015.15); (d) Detailed description of how assistance and funding will flow from the grantee to the actual performers of the hazard reduction work; (e) Detailed description of the selection process for sub-grantees, sub-contractors, or sub-recipients; (f) Description of the financing mechanism used to support lead hazard control work in units (name of administering agency, eligibility requirements, type of financing (grant, forgivable or deferred loans, private sector financing etc.), any owner matching requirement, and the terms, conditions, and amounts of assistance available (include affordability terms and forgiveness and recapture of funds provisions); (g) Combined lead inspection and risk assessment testing procedures using EPA standards to identify lead hazards and to conduct clearance testing. [Dust wipe samples, soil samples and any paint samples to be analyzed by a laboratory must be analyzed by a laboratory recognized by the EPA National Lead Laboratory Accreditation Program (NLLAP)]; (h) The process for developing work specifications and bids on properties selected for lead hazard control; (i) The specific intervention methods and clearance procedures to be conducted for units enrolled; (j) The number of rental-occupied, vacant, and owner-occupied units proposed for interim controls and hazard abatement; (k) The relocation plan that will be carried out for residents required to be out of their homes during hazard control activities; (l) The education, outreach, and training activities to be undertaken by the program; (m) The blood lead testing and other health measures to be undertaken to protect children under six, and other occupants of units undergoing lead hazard control work; and (n) The evaluation process used to measure program performance, with particular attention given to program performance in the five key areas evaluated by OHHLHC on a quarterly basis (cf. NOFA Rating Factor 5 response): number of units inspected and risk assessed; number of units cleared of lead hazards; the amount of grant funds disbursed through the LOCCS system; the number of persons reached through outreach and education efforts; and, the number of persons trained in lead hazard control courses. (o) Objectives and Milestones. Measurable quarterly performance objectives include: (i) The overall objectives for lead hazard control activities including the total number of lead hazard evaluations, units projected to be completed and cleared, and the expenditure of Federal grant funds (HUD Agreement Form HUD-1044). Quarterly performance milestones are to be developed to achieve the overall objectives for these activities; (ii) The overall objectives for community education, outreach, and training activities. Quarterly performance milestones are to be developed to achieve the overall objectives for these activities; (iii) Quarterly performance benchmarks. The benchmarks for a 36- month grant are on the Work Plan Development Worksheet with Minimum Benchmark Standards for 36 Months--Form HUD-96008. You can download Form HUD-96008 from http://www.hud.gov/offices/adm/grants/fundsavail.cfm, and can also find it on the HUD OHHLHC web site at: http://www.hud.gov/offices/lead/grantfrm/hudgrantee.cfm. Development of your work plan should include and reflect the benchmark standards. (19) A detailed budget submission which identifies the total budget (Federal share and matching [[Page 13844]] contribution) identified on Form HUD 424CB with supporting narrative and cost justifications for all budget categories of your grant request. You must provide a separate estimate for the overall grant management element (Administrative Costs), which is more fully defined in Section IV.E of this NOFA. The budget shall include not more than 10 percent for administrative costs and not less than 90 percent for eligible direct costs. A minimum of 65 percent of the total federal amount requested must be dedicated to direct lead hazard control activities. (Applicants are to identify the direct lead hazard control costs that meet this requirement.) A table, ``Summary of Budget Category Funding Limits,'' that can be downloaded from http://www.hud.gov/offices/adm/grants/fundsavail.cfm, shows the funding limits for the three categories, direct lead hazard identification and control activities, administrative costs, and total of other direct costs and indirect costs. You must provide a detailed budget for any subcontractors, subgrantees, or subrecipients receiving greater than 10 percent of the federal budget request. In the event of a discrepancy between grant amounts requested in various sections of the application, the amount you indicate on the Form SF-424 will govern as the correct value. (19) If your program includes conducting research involving human subjects in a manner which requires Institutional Review Board (IRB) approval and periodic monitoring under 24 CFR 60, which incorporates the Department of Health and Human Service's regulations at 45 CFR 46, subpart A, address how you will obtain such approval and your monitoring plan (before you can receive funds from HUD for activities that require IRB approval, you must provide an assurance that your study has been reviewed and approved by an IRB and evidence of your organization's institutional assurance). Describe how you will provide informed consent (e.g., from the subjects, their parents, or their guardians, as applicable) to help ensure their understanding of, and consent to, the elements of informed consent, such as the purposes, benefits, and risks of the research. Describe how this information will be provided and how the consent will be collected. For example, describe your use of `plain language' forms, flyers, and verbal scripts, and how you plan to work with families with limited English proficiency or primary languages other than English, and with families which include persons with disabilities. IV. Application and Submission Procedures A. Address To Request Application Package See the General Section for specific procedures concerning the electronic application submission requirements. Be advised that there is no Application Kit for this Lead Hazard Control Grant Program. All the information required to submit an application is contained in this Notice of Funding Availability (NOFA). Guidebook and Further Information. A guidebook to HUD programs entitled, ``Connecting with Communities: A User's Guide to HUD Programs and the FY2005 NOFA Process,'' is available from the HUD NOFA Information Center and the HUD Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The guidebook provides a brief description of all HUD programs, identifies eligible applicants for the programs, and provides examples of how programs can work in combination to serve local community needs. You can also get a copy from the NOFA Information Center at (800) HUD-8929, or for the hearing impaired, (800) HUD-2209 (TTY) (these are toll-free numbers). You can obtain copies of the guidebook from HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The Grants.gov support desk is 1- 800-518-Grants or by e-mail at support@Grants.gov. This help desk provides information on accessing and submitting the application. B. Content and Form of Application Submission Application Submission Requirements for eligible Applicants (this includes General category applicants and those applicants qualifying for consideration under the Competitive Performance-based Renewal category). Applicants eligible to apply under this NOFA are to follow the submission requirements described in Section IV.B.1.a. below. 1. Applicant Information a. Application Format. The application narrative response to the Rating Factors from new and eligible prior grantees is limited to a maximum of 15 pages (excluding appendices and worksheets) of size 8\1/ 2\'' x 11'' using a 12-point (minimum) font with not less than \3/4\'' margins on all sides. Appendices should be referenced and discussed in the narrative response. Materials provided in the appendices should directly apply to the specific rating factor narrative. Information that is not referenced or does not directly apply to a specific narrative response may not be rated or ranked by reviewers. b. Application Checklist (Voluntary). Your application must contain all of the required information noted in this NOFA and the General Section. These items include the standard forms, and the certifications and assurances listed in the General Section that are applicable to this NOFA. The forms required for application submission and instructions can be found in the application at www.grants.gov. Make sure you see the General Section for how to submit third party letters and other documents as part of your electronic submission utilizing form HUD-96011, Facsimile Transmittal. The ``Checklist and Submission Table of Contents'' below includes a listing of the required items needed for submitting a complete application and receiving consideration for funding. In the Checklist and Submission Table of Contents, note the corresponding page number where the response is located. Inclusion of this Checklist and Submission Table of Contents with your proposal is recommended but not required. Checklist and Submission Table of Contents--Lead-Based Paint Hazard Control Grant Program [sbull] Application Checklist (Paper copy applications only) [sbull] Applicant Abstract (limited to a maximum of 2 pages) [sbull] Rating Factor Response (limited to a maximum of 15 narrative pages plus the following forms) 1. Capacity of the Applicant and Relevant Organizational Experience--Form HUD-96012 2. Needs/Extent of the Problem--Form HUD-96013 3. Soundness of Approach (Work Plan/Budget)--Form HUD-96014; and Work Plan Development Worksheet with Minimum Benchmark Standards for 36 Months--Form HUD-96008 4. Leveraging Resources--Form HUD-96015 5. Achieving Results and Program Evaluation--Logic Model--Form HUD- 96010 [sbull] Required materials in response to rating factors (does not count towards 15-page limit) Application for Federal Assistance--Form SF-424 Survey on Ensuring Equal Opportunity for Applicants--Form SF-424 Supplement Grant Application Detailed Budget--HUD-424CB--Grant Application Detailed Budget Worksheet--HUD-424CBW, Total Budget (Federal Share [[Page 13845]] and Matching) with Supporting Narrative and Cost Justification Disclosure and Update Report--Form HUD-2880 Certification of Consistency with the RC/EZ/EC-II Strategic Plan-- Form HUD-2990 Certification of Consistency with the Consolidated Plan--Form HUD- 2991 Disclosure of Lobbying Activities (if applicable)--Form SF-LLL Facsimile Transmittal (for electronic applications)--Form HUD-96011 Questionnaire for HUD's Initiative on Removal of Regulatory Barriers, including the required information (if applicable)--Form HUD- 27300, including required documentation or URL references-- Acknowledgment of Application Receipt (for paper copy submissions only)--Form HUD-2993 Client Comments and Suggestions--Form HUD-2994 (optional) [sbull] Threshold Requirements Lead-Based Paint Element in Consolidated Plan 10 Percent Matching Contribution [sbull] Material in support of the Rating Factors (20 page limit) Budget. Matching Contribution. An itemized breakout of your required matching contribution, including: Values placed on donated in-kind services; Letters or other evidence of commitment from donors; and The amounts and sources of contributed resources. Grant Team Members. Contracts, Memoranda of Understanding or Agreement, letters of commitment or other documentation describing the proposed roles of agencies, local broad-based task forces, participating grassroots community-based nonprofit organizations, including faith-based organizations, local businesses, and others working with the program. Consolidated Plan Element. A copy or URL reference to the lead hazard control element included in your current program year's Consolidated Plan. (This does not apply to Native American Tribes.) You should include the discussion of any lead-based paint issues in your jurisdiction's Analysis of Impediments, particularly as it addresses your target areas. C. Submission Dates and Times 1. Application Submission Dates The application submission date is June 7, 2005. Refer to the General Section for additional submission requirements including submission methods, proof of delivery, and other information regarding electronic application submission via Grants.gov. D. Intergovernmental Review Not required. E. Funding Restrictions 1. Ineligible Activities You may not use grant funds for the following ineligible activities: a. Purchase of real property. b. Purchase or lease of equipment having a per unit cost in excess of $5,000, except for the purchase of X-ray fluorescence analyzers. c. Chelation or other medical treatment costs related to children with elevated blood lead levels. Non-federal funds used to cover these costs may be counted as part of the required matching contribution. d. Lead hazard control activities in publicly owned housing, or project-based Section 8 housing (This housing stock is not eligible under Section 1011 of the Lead-Based Paint Hazard Reduction Act). e. Activities that do not comply with the Coastal Barrier Resources Act (16 U.S.C. 3501). f. Lead-based paint hazard control of a building or manufactured home that is located in an area identified by the Federal Emergency Management Agency (FEMA) under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128), as having special flood hazards unless: (1) The community in which the area is situated is participating in the National Flood Insurance Program in accordance with the applicable regulations (44 CFR parts 59-79), or less than a year has passed since FEMA notification regarding these hazards; and (2) Where the community is participating in the National Flood Insurance Program, flood insurance on the property is obtained in accordance with section 102(a) of the Flood Disaster Protection Act (42 U.S.C. 4012a(a)). You are responsible for assuring that flood insurance is obtained and maintained for the appropriate amount and term. 2. Administrative Costs There is a 10 percent maximum for administrative costs as specified in Section 1011(j) of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992, Public Law 102-550). Additional information about allowable administrative costs is provided below. a. Purpose. The intent of this HUD grant program is to allow the grantee to be reimbursed for the reasonable direct and indirect costs, for the overall management of the grant. In most instances the grantee, whether a state or a local government, principally serves as a conduit to pass funding to sub-grantees, which are to be responsible for conducting lead-hazard reduction work. Program planning and management costs of sub-grantees and other sub-recipients are not included in the 10 percent maximum for grantee administrative costs. Congress set a maximum of 10 percent of the total grant sum for the grantee to perform the function of overall management of the grant program, including passing on funding to sub-grantees. The cost of that function, for the purpose of this grant, is defined as the ``administrative cost'' of the grant, and is limited to ten percent of the total grant amount. The balance of ninety percent or more of the total grant sum is reserved for sub-grantees or other direct-performers of lead-hazard identification and reduction work including relocation. For purposes of the Lead-Based Paint Hazard Control Grant Program, lead hazard identification and reduction includes lead paint inspection/risk assessments, interim controls, and abatement of lead hazards, clearance testing, and relocation. b. Administrative Costs: What They Are Not. For the purposes of this HUD grant program for States and local governments to provide support for the evaluation and reduction of lead-hazards in low- and moderate-income, private target housing, the term ``administrative costs'' should not be confused with the terms ``general and administrative cost,'' ``indirect costs,'' ``overhead,'' and ``burden rate.'' These are accounting terms usually represented by a government- accepted standard percentage rate. The percentage rate allocates a fair share of an organization's costs that cannot be attributed to a particular project or department (such as the chief executive's salary or the costs of the organization's headquarters building) to all projects and operating departments (such as the Fire Department, the Police Department, the Community Development Department, the Health Department or this program). Such allocated costs are added to those projects' or departments' direct costs to determine their total costs to the organization. c. Administrative Costs: What They Are: For the purposes of this HUD grant program, ``Administrative Costs'' are the grantee's allowable direct costs for the overall management of the grant program plus the allocable indirect costs. The allowable limit of such costs that can be reimbursed under this program is 10 percent of the total grant [[Page 13846]] sum. Should the grantee's actual costs for overall management of the grant program exceed ten percent of the total grant sum, those excess costs shall be paid for by the grantee. However, excess costs paid for by the grantee may be shown as part of the requirement for cost-sharing funds to support the grant. d. Administrative Costs Definition: (1) General: Administrative costs are the allowable, reasonable, and allocable direct and indirect costs related to the overall management of the HUD grant for lead- hazard reduction activities. Those costs shall be segregated in a separate cost center within the grantee's accounting system, and they are eligible costs for reimbursement as part of the grant, subject to the ten percent limit. Such administrative costs do not include any of the staff and overhead costs directly arising from specific sub-grantee program activities eligible under this NOFA, because those costs are eligible for reimbursement under a separate cost center as a direct part of project activities. The grantee may elect to serve solely as a conduit to sub-grantees, who will in turn perform the direct program activities eligible under this NOFA, or the grantee may elect to perform all or a part of the direct program activities in other parts of its own organization, which shall have their own segregated, cost centers for those direct program activities. In either case, not more than 10 percent of the total HUD grant sum may be devoted to administrative costs, and not less than 90 percent of the total grant sum shall be devoted to direct program activities. The grantee shall take care not to mix or attribute administrative costs to the direct project cost centers. (2) Specific. Reasonable costs for the grantee's overall grant management, coordination, monitoring, and evaluation are eligible administrative costs. Subject to the ten percent limit, such costs include, but are not limited to, necessary expenditures for the following goods, activities and services: (a) Salaries, wages, and related costs of the grantee's staff, the staff of affiliated public agencies, or other staff engaged in grantee's overall grant management activities. In charging costs to this category the recipient may either include the entire salary, wages, and related costs allocable to the program for each person whose primary responsibilities (more than 75 percent of their time) with regard to the grant program involve direct overall grant management assignments, or the pro rata share of the salary, wages, and related costs of each person whose job includes any overall grant management assignments. The grantee may use only one of these two methods during this program. Overall, grant management includes the following types of activities: (i) Preparing grantee program budgets and schedules, and amendments thereto; (ii) Developing systems for the selection and award of funding to sub-grantees and other sub-recipients; (iii) Developing suitable agreements for use with sub-grantees and other sub-recipients to carry out grant activities; (iv) Developing systems for assuring compliance with program requirements; (v) Monitoring sub-grantee and sub-recipient activities for progress and compliance with program requirements; (vi) Preparing presentations, reports, and other documents related to the program for submission to HUD; (vii) Evaluating program results against stated objectives; (viii) Providing local officials and citizens with information about the overall grant program; however, a more general education program, helping the public understand the nature of lead hazards, lead hazard reduction, blood-lead screening, and the health consequences of lead poisoning is a direct project support activity); (ix) Coordinating the resolution of overall grant audit and monitoring findings; and (x) Managing or supervising persons whose responsibilities with regard to the program include such assignments as those described in paragraphs (a) through (i). (b) Travel costs incurred for official business in carrying out the overall grant management; (c) Administrative services performed under third party contracts or agreements, for services directly allocable to grant management such as: legal services, accounting services, and audit services; (d) Other costs for goods and services required for and directly related to the overall management of the grant program; and including such goods and services as telephone, postage, rental of equipment, renter's insurance for the program management space, utilities, office supplies, and rental and maintenance (but not purchase) of office space for the program. (e) The fair and allocable share of grantee's general costs that are not directly attributable to specific projects or operating departments such as salaries, office expenses and other related costs for local officials (e.g., mayor and city council members, etc.), and expenses for a city's legal or accounting department which are not charged back to particular projects or other operating departments. If a grantee has an established burden rate, it should be used; if not, the grantee shall be assigned a negotiated provisional burden rate, subject to final audit. 3. Sixty-five percent (65 percent) of the total Federal funds requested must be used for direct lead hazard control activities. The remaining 35 percent of the funds can be used for other direct or indirect costs. F. Other Submission Requirements Beginning in FY2005, HUD requires applicants to submit applications electronically through Grants.gov. Applicants interested in applying for funding must submit their application electronically via the Web site http://www.grants.gov unless you request and are granted a waiver to the electronic submission requirements. This site has easy to follow step-by-step instructions that will enable you to apply for HUD assistance. The www.grants.gov Web site includes a simple, unified application process to enable applicants to apply for grants online. See section IV.F of the General Section for additional information on the electronic process and how to request a waiver from the requirement. V. Application Review Information A. Criteria 1. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (20 Points Maximum) This factor addresses your organizational capacity necessary to successfully implement the proposed activities in a timely manner. All applicants must respond to this Rating Factor. The rating of the ``applicant'' or the ``applicant's staff'' for technical merit or threshold compliance, unless otherwise specified, includes any grassroots community-based nonprofit organizations, including faith- based organizations, sub-contractors, consultants, sub-recipients, and members of consortia that are firmly committed to your project. In rating this factor, HUD will consider: the applicant's recent, relevant, and successful demonstrated experience (including working with governments, parent groups, and grassroots community-based nonprofit organizations, including faith-based organizations) to undertake eligible program activities. Applicants are to identify the organizations or entities that will assist the applicant in implementing the program. The applicant must describe the knowledge and experience of the current or [[Page 13847]] proposed overall project director and day-to-day program manager in planning and managing large and complex interdisciplinary programs, especially involving housing rehabilitation, public health, or environmental programs. The applicant must demonstrate that it has sufficient personnel or will be able to retain qualified experts or professionals, and be prepared to perform lead hazard evaluation, lead hazard control intervention work, and other proposed activities within 120 days of the effective date of the grant award. HUD reserves the right to terminate the grant if sufficient personnel or qualified experts are not retained within these 120 days. In the narrative response for this factor, you should include information on your program staff, their experience, their commitment to the program, salary information, and position titles. Resumes (for up to three key personnel) or position descriptions for those key personnel to be hired, and a clearly identified organizational chart for the lead hazard control grant program effort (and for the overall organization) must be included in an appendix. Indicate the percentage of time that key personnel will devote to all lead hazard control projects (see Factor 1 Table--Key Personnel and Partners). The applicant's day-to-day program manager must be experienced in the management of housing rehabilitation or lead hazard control, childhood lead poisoning prevention, or similar work involving project management, and must be dedicated to the proposed program for a minimum of 75 percent of the time. The applicant should provide a description of any previous experience in enrolling units and in completing lead hazard control work, housing rehabilitation or other work in a timely and effective manner. Describe how any other principal components of your agency, other public entities, or other organizations will participate in implementing or otherwise supporting or participating in the grant program. You may demonstrate capacity by thoroughly describing your prior experience in initiating and implementing lead hazard control efforts and/or related environmental, health, or housing projects. You should indicate how this prior experience will be used in carrying out your proposed comprehensive Lead-Based Paint Hazard Control Grant Program. a. All Current or Previous HUD Lead-Based Paint Grantees (including Competitive Performance-Based Renewal applicants). If the applicant received previous HUD Lead-Based Paint Hazard Control Grant funding, this past experience will be evaluated in terms of cumulative progress and achievements under the previous grant(s). If the applicant has received multiple HUD Lead Hazard Control Grants, performance under the most recent grant award will be primarily evaluated. The applicant must provide a description of its progress and performance implementing the most recent grant award including the total number of housing units enrolled, assessed, and completed and cleared as a result of program efforts. The applicant must also describe outcomes, capacity building efforts and impediments experienced during a previous Lead Hazard Control Grant program. Other work plan activities and tasks associated with implementing HUD's Lead-Safe Housing Regulation, integrating lead- safe work practices into the private market, and promoting effective education, outreach, and other training activities should be described. The applicant should also describe specific instances where the program has contributed positive impacts in the community, and indicate what activities were undertaken to develop, enhance or expand the local infrastructure through collaboration. HUD's evaluation process will consider an applicant's past performance record as reported to HUD in effectively organizing and managing their grant operations, in meeting performance and work plan benchmarks and goals, and in managing funds, including their ability to account for funds appropriately, the timely use of funds received either from HUD or other Federal, State or local programs, and meeting performance milestones. HUD may also use other information relating to these items from sources at hand, including public sources such as newspapers, Inspector General or Government Accountability Office Reports or Findings, hotline complaints, or other sources of information that have been proven to have merit. b. Eligible grantees applying for consideration as Competitive Performance-Based Renewal Applicants. Competitive Performance-Based Renewal applicants must include the number of units cleared and the percentage of the current total award amount disbursed through LOCCS, as of March 31, 2005, in their response to Rating Factor 1, as described above in Section V.A.1. All applicants eligible to compete in the Competitive Performance-Based Renewal category in accordance with the eligibility table in Section III.A.4 will be evaluated against other Competitive Performance-Based Renewal category applicants. If a current lead hazard control grantee does not meet the established threshold requirements for Competitive Performance-Based Renewal, the application will not be considered under this category. (1) Rating Factor 1 will be scored according to the applicant's current grant performance using the Competitive Performance-Based Renewal Score Table below. Although the narrative response to Factor 1 will not be initially reviewed, you must state your LOCCS and Units Cleared performance data in the narrative response to Factor 1 to be considered under the Competitive Performance-based Renewal category. The Factor will be scored up to 20 points using the score tables below. (a) Unit Production (15 points). The percentage of units completed and cleared as of March 31, 2005. Grantees whose percentage of units completed and cleared in their current agreement meets or exceeds the performance criteria in the table, ``Competitive Performance-Based Score Table for Units Completed and Cleared Based on Period of Performance End-Date,'' that can be downloaded from www.hud.gov/offices/adm/grants/fundsavail.cfm, will be awarded points based on the table. Points will be awarded for the percentage of housing units cleared, compared to the commitment in the existing lead hazard control grant, with the number of points depending on the 2005 calendar year quarter (second, third or fourth) in which the grant expires. A grantee whose performance does not meet the performance criteria for its ending performance period quarter is ineligible for a Competitive-Based Renewal grant. (b) Cumulative LOCCS Drawdowns (5 Points). The cumulative drawdowns from LOCCS as a percentage of the federal funds awarded in their current agreement as of March 31, 2005. Grantees whose percentage of cumulative LOCCS drawdowns in their current agreement meets or exceeds the performance criteria below will be awarded points based in the table, ``Competitive Performance-Based Score Sheet for Federal Funds Reimbursed through the Line of Credit Control system (LOCCS) Based on Period of Performance End-Date,'' that can be downloaded from http://www.hud.gov/offices/adm/grants/fundsavail.cfm, will be awarded points based on the table. Points will be awarded for the percentage of Federal funds reimbursed through LOCCS, compared to the commitment in the existing lead hazard [[Page 13848]] control grant, with the number of points depending on the 2005 calendar year quarter (second, third or fourth) in which the grant expires. A grantee whose performance does not meet the performance criteria for its ending performance period quarter is ineligible for a Competitive- Based Renewal grant. (2) Once all eligible Competitive Performance-Based Renewal applicants have been evaluated, scored and ranked, any application not awarded funding in this category will receive consideration as a current or previously funded applicant in the General applicant category using the applicant's narrative responses to Rating Factors 1 through 5 according to V.A.1(a)(2). The Competitive Performance-Based Renewal Score Tables will not be used to figure scoring in this circumstance. The Factor will be scored up to 20 points. d. All applicants are to complete the Factor 1 Table to support the narrative information submitted. 2. Rating Factor 2: Needs/Extent of the Problem (20 Points Maximum) This factor addresses the extent to which there is a need for the proposed program to address a documented problem related to lead-based paint and lead-based paint hazards in your identified target area(s). An applicant will be scored in this rating factor based on their documented need as evidenced by thorough, credible, and appropriate data and information. The evaluation will be based only on the applicant's documentation of the data submitted. The data submitted in response to this rating factor will be verified using data available from the Census, HUDuser, other data available to HUD and/or in cooperation with the Centers for Disease Control and Prevention. The applicant is to complete the Factor 2 Table--Need/Extent of the Problem in Section IV of this NOFA. A maximum of 20 Points will be awarded in this rating factor based on the information documenting the number of children with an elevated blood lead level, the number of pre-1978 housing units, and the number and percentage of families with incomes at or below 80% of the Area Medium Income as determined by HUD within your jurisdiction and/or target areas. a. Documented Number of Children with an Elevated Blood Lead (EBL) (10 Points Maximum). Provide the actual number of children documented as having an elevated blood lead (EBL) residing within the applicant's jurisdiction for the most recent complete calendar year and identify the source of the data. Data prior to calendar year 2001 will not be accepted. States must report the number in the city, county, or other area where funds will actually be used. Consortia of local governments must report the number in the cities or counties making up the consortium. For the purposes of this application, the ``documented number of children'' with an EBL is based on the CDC level of concern. A child under six years of age with a blood lead level test result equal to or greater than 10 micrograms of lead per deciliter of blood, which was performed by a medical health care provider is considered to have an EBL. The actual number of children with an EBL (not an estimate) must be reported to HUD in order to receive points for this sub-factor. Do not send the children's names or addresses or other identifiers. Failure to provide this number in the application means that no points will be awarded for this sub-factor. For you to receive maximum points for this rating factor there must be a direct relationship between your proposed lead hazard control activities and the documented community needs. Since an objective of the program is to prevent at-risk children from being poisoned, specific attention must be paid to documenting the identified need as it applies to any selected targeted area(s). Applicants are to use the Factor 2 Table to document the target area(s) need: Points based on the documented number of children with an EBL will be awarded based on the chart below. (1) Applicants are to complete the Factor 2 Table to document the number of children with an elevated blood lead level. Points will be awarded based on the documented number of children with an elevated blood lead level according to the table, ``Points Awarded for Number of Children Under Age 6 Years with an Elevated Blood Lead Level in Target Area,'' that can be downloaded from http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The table shows the number of points awarded based on the number of children with an elevated blood lead level in the grant target area(s). b. Housing market data relevant to the specified target area(s) Housing Age for the following sub-categories: Pre-1940, 1940-1949, 1950-1959, 1960-1969, 1970-1979 and 1980 or newer (Census information includes 1970-1979 category). (5 Points Maximum). Points will be awarded for the number of pre 1940 occupied rental units in the applicant's jurisdiction according to the table, ``Points Awarded for Number of Pre-1940 Occupied Rental Housing Units in Target Area,'' that can be downloaded from http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The table shows the number of points awarded based on the number of pre-1940 occupied rental housing units in the grant target area(s). c. The number and percentage of very-low (income less than 50 percent of the area median) and low- (income less than 80 percent of the area median) income families, as determined by HUD (http:// www.huduser.org), with adjustments for smaller and larger families (Very-Low and Low-Income Population) (5 Points Maximum). Points will be awarded for the percentage of very low (up to 50 percent of area median income for the jurisdiction) and low-income (up to 80 percent of area median income for the jurisdiction) families in the target area, according to the table, ``Points Awarded for Number of Very Low and Low-Income Percentages of Families in Target Area,'' that can be downloaded from http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The table shows the number of points awarded based on the number of very low and low-income percentages of families in target area(s). 3. Rating Factor 3: Soundness of Approach (30 Points) This factor addresses the quality and cost-effectiveness of your proposed work plan. Applicants should develop a work plan that includes specific, measurable, and time-phased objectives for each major program activity. The applicant's work plan should reflect benchmark standards for production, expenditures, and other activities that have been developed by the Office of Healthy Homes and Lead Hazard Control. These benchmark standards, as well as policy guidance on developing work plans have been included in this NOFA and are available at the HUD web site at: http://www.hud.gov/offices/lead/grantfrm/hudgrantee.cfm. This policy guidance provides a sample format and outline for developing the Lead Hazard Control Grant Program Work Plan. Applicants should describe the proposed activities and provide HUD with measurable outcome results to be achieved with the requested funds. Measurable outcome results should be stated in terms relevant to the purpose of the program funds as a direct result of the work performed within the performance period of the grant (e.g., estimated number of units to be made lead-safe, estimated number of children living in units made lead-safe, estimated number of persons to be trained to perform lead hazard control activities, estimated number of educational programs to be presented and/or the [[Page 13849]] number of persons to be served by such programs, and the basis for these estimates). Each proposed activity must be eligible in accordance with the requirements of this NOFA and meet statutory requirements for assistance to low- and very low-income persons. Your response to this factor must include the elements in paragraphs a. through d. described below: a. Lead Hazard Control Work Plan Strategy (30 of 40 points). Describe your work plan goals and specific time-phased strategy to complete work under the grant within the 36-month or less period of performance for your lead hazard control grant program. You should provide the information described in paragraphs (1) and (2) of this factor. (1) Implementing a Lead Hazard Control Program (15 points). Describe how you will implement the strategy for your proposed lead hazard control program. The description must include information on: (a) How the project will be organized, managed, and staffed. You must also identify the specific steps that will be taken to train and ensure the availability of enough lead-based paint contractors and workers to conduct lead hazard control interventions, and to perform other program activities. In addition, you must provide a detailed description of the selection process for sub-grantees, subcontractors or sub-recipients, and how assistance and funding will flow from the grantee to those who will actually perform the work under the grant. (b) The overall number of eligible privately owned housing units, especially those known to contain EBL children, scheduled for lead hazard control intervention work and the strategy for their identification, selection, prioritization, and enrollment in the selected target area(s). Explain how you will obtain data from state or local health departments on the addresses of housing units in which children have been identified as lead poisoned. Discuss the eligibility criteria for unit selection and how the program will identify units that meet these criteria. Explain how you would target resources to maximize the return on investment from grant funding. As funding is a constraint for this program, it is imperative to maximize the impact of grant dollars. Include in this discussion your proposed technical approach and how this choice addresses local conditions and needs as well as attempting to maximize the number of children protected from lead hazards. As there are a variety of reduction techniques that grantees can apply to lead hazards, it is important for HUD to be able to assess the effectiveness of a grantee's choice of a technical strategy. Explain how referrals of eligible units will be obtained from childhood lead poisoning prevention programs, other health care or housing agencies or health providers that serve children. Also, discuss how referrals from the Section 8/Housing Choice Voucher programs and other agencies that provide housing assistance to low-income households with children including CDBG, HOME Investment Partnerships Program- funded housing programs or other sources will be made. (Include as attachments any referral agreements, commitment letters or other documents from other entities that describe their participation in recruiting eligible units in the lead hazard control grant program; see Rating Factor 4 Leveraging Resources for additional information regarding referral agreements. Applicants are to complete the Factor 3 Table). (c) The degree to which the work plan focuses on eligible privately owned housing units occupied or to be occupied by low-income families with children under six years of age. Discuss strategies to control lead hazards in units where children have already been identified with an elevated blood lead level (EBL), including your capacity to rapidly complete lead hazard control work in their units. Demonstrate how you will consider housing units identified by local health and child welfare agencies where incidences of childhood lead poisoning have occurred, particularly those where multiple poisonings have been reported. Describe your planned approaches to control lead hazards in vacant and/or occupied units before children are poisoned and your plans to ensure that the program will continue to affirmatively market and match these units made lead-safe with low-income families with children under six years of age in the future. Provide estimates of the number of low-income children you will assist through this program. You should describe how the program will respond to the needs of children with elevated blood lead levels (EBLs) located outside the target area(s). (d) Discuss the lead hazard control financing strategy, including financing eligibility requirements, terms, conditions, dollar limits, and amounts available for lead hazard control work. Applicants must also describe how grant funds will be recaptured by the program in the event that a recipient of grant funds fails to comply with any terms and conditions of the financing arrangement (e.g. affordability, sale of property, etc.) You must discuss the way assistance from the grant funds will be administered to or on behalf of property owners (e.g. use of grants, deferred loans and/or forgivable loans and the basis and schedule for forgiveness), and the role of other resources, such as private sector financing). You should identify the entity that will administer the financing process and describe how coordination and payment between the program and contractors performing the work will be accomplished. Describe matching requirements, if any, proposed for assistance to rental property owners. (e) Applicants shall incorporate in their application the approach of a Statewide or jurisdiction-wide strategic plan to eliminate childhood lead poisoning as a major public health problem by 2010 (7 points). Describe any formalized commitments, or provide documentation of commitments, with applicable State or local health and child welfare agencies, community development organizations, and housing agencies that have teamed with you to identify and address childhood lead poisoning in your jurisdiction collaboratively, and describe your methods for coordinating among these agencies. Address issues of patient confidentiality raised by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as it relates to the release of addresses of units where children have been poisoned by lead-based paint hazards within your jurisdiction; in addition, provide thorough details of all security measures to be taken to ensure that the privacy of patient information obtained for the purposes of public health services conducted through the lead hazard control program will be safeguarded. Applicants are encouraged to include an outline of the steps that they will take to participate in or develop a statewide or jurisdiction-wide strategic plan. Applicants are encouraged to collaborate with Centers for Disease Control and Prevention (CDC) Childhood Lead Poisoning Prevention grantees, who are now required to develop such plans. At a minimum, the plan must include the following elements: (i) Mission Statement (ii) Purpose and Background on Lead Poisoning Prevention Prevalence (iii) Goals, Objectives, and Activities; and (iv) Evaluation Plan (f) Community-wide Learning Opportunity (3 points). The Lead-Based Paint Hazard Control Grant provides an opportunity for learning by community members, including families, workers, [[Page 13850]] small businesses and others, to help develop a strategic community health educational model that identifies lead-related health hazards and their solutions, and educates community members and affects wider efforts in the applicant's targeted area. Applicant shall discuss the opportunity-to-learn approach to educate children, parents, workers, businesspeople and other community members about lead poisoning prevention and lead hazard control. The applicant's proposed educational program shall continue to meet the needs of those children already living in units with eligible lead hazards. (g) Consolidated Plan and Analysis of Impediments to Fair Housing Choice. You also must provide documentation of the priority that the community's Consolidated Plan and Analysis of Impediments to Fair Housing Choice has placed on addressing the needs you described. (This section does not apply to Native American Tribes. However, a Native American Tribe applicant may use the Indian Housing Plan to document how the Indian Housing Plan addresses the need for lead hazard control grant activities.) You should describe how your proposed program will contribute to satisfying the stated needs in the Consolidated Plan or Indian Housing Plan, and eliminating impediments identified in the Analysis of Impediments (AI). Also describe how your proposed program will further and support the policy priorities of the Department: including promoting healthy homes and the quality of housing. The applicant should describe its activities that remove barriers to affordable housing within their communities or support such efforts at the state and local level. This priority relates to HUD's Strategic Goal for Increasing Homeownership Opportunities and Promoting Decent Affordable Housing. In addition, applicants should describe how your strategy will provide long-term benefits to families with children under six years of age, and whether any of the proposed activities will occur in an Empowerment Zone (EZ), Renewal Community (RC), or Enterprise Community, designated by USDA in round II (EC-IIs), that are intended to serve the residents of these areas, and that are certified to be consistent with the area's strategic plan or RC Tax Incentive Utilization Plan (TIUP), and how they will benefit the residents of those zones or communities. (h) All test results related to lead-based paint or lead-based paint hazards must be provided to the owner of the unit, together with a statement describing the owner's legal duty to disclose the results to tenants (before initial leasing, or before lease renewal with changes) and buyers (before sale) if the housing was constructed before 1978 (24 CFR Part 35, subpart A). This information provided to owners may only be used for purposes of remediation of lead-based paint and other hazards in the unit. Disclosure of other identified housing- related health or safety hazards to the owner of the unit, for purposes of remediation, is encouraged but not required. Submission of any information on the properties to databases (whether web site, computer, paper, or other format) of addresses of identified, treated or cleared housing units is subject to the protections of the Privacy Act of 1974, and shall not include any personal information that could identify any child affected. (2) Technical Approach/Performance (15 points). (a) Describe your process for the conduct of a combined lead-based paint inspection and risk assessment lead hazard evaluation in units of eligible privately owned housing to confirm that there are lead-based paint hazards in the housing units where lead hazard control is undertaken. (b) Describe your testing methods, schedule, and costs for performing blood lead testing in children under six, combined lead- based paint inspections and risk assessments and clearance examinations to be used. If you propose to use a more restrictive standard than the HUD/EPA thresholds (e.g., less than 0.5 percent or 1.0 [mu]g/square centimeter for lead in paint, or less than 40, 250, 400 [mu]g/square foot for lead in dust on floors, sills and troughs, respectively); or 400 ppm in bare soil in children's play areas and 1200 ppm for bare soil in the rest of the yard), identify the standard(s) that will be used. All testing shall be performed in accordance with applicable regulations. (c) Describe the lead hazard control methods and strategies you will undertake and the number of units you will treat for each method selected (interim controls or hazard abatement). Research has shown that interim controls generally yield the best benefit/cost ratio among technological approaches for eliminating lead hazards. Applicants should assume that interim controls are the preferred approach for their strategies and project unit output targets accordingly. If applicants maintain that approaches other than interim controls are necessary for their jurisdiction, they should explain why this is the case. For example, abatement might be justified in an area where significant amounts of low-income housing stock are highly distressed or where lead hazard work is being combined with rehabilitation. Where highly distressed stock is present, applicants should explain why options for households to move to lead-safe housing are not viable. (i) Complete abatement of all lead painted surfaces in all units is generally not acceptable as a strategy. In cases where only a few surfaces have lead hazards in a specific unit and abatement is cost- effective, the applicant must provide a detailed rationale for selecting complete abatement as a strategy. (ii) Describe the process for developing work specifications and bids on properties selected for lead hazard control. (iii) Provide an estimate of the per unit costs (and a basis for those estimates) for each lead hazard control method proposed and a schedule for initiating and completing lead hazard control work in the selected units. Discuss efforts to incorporate cost-effective lead hazard control methods. Explain your cost estimates, providing detail on how the estimates were developed, with particular references to cost effectiveness. (d) Schedule. Provide a realistic schedule for completing key activities, by quarter, so that all activities can be completed before or within the period of performance of the grant. Key production activities include enrollment of units, paint inspections/risk assessments, and completion/clearance of units. When developing the schedule, the applicant shall take into consideration their previous experience and performance in administering similar lead hazard control or rehabilitation programs. (e) Timeframes. Describe the estimated elapsed timeframe for treating a typical unit that will receive lead hazard control, including referral/intake, enrollment (qualification of the unit as eligible), combined lead-based paint inspection/risk assessments, preparation of specifications or work write-up, selection of the contractor, lead hazard control intervention work activities, quality control and monitoring of work activities, and clearance. The timeframe should include an estimate of the staff and contractor time required to treat a typical unit that will receive lead hazard control. Describe the schedule for emergency referrals (e.g. unit occupied by a child under six years of age with an elevated blood lead level). List the type of unit (e.g., owner-occupied, rental, or vacant) and the number of units projected in each of the following [[Page 13851]] categories: Lead-based paint inspections/risk assessments; interim controls; hazard abatement; and clearance examinations. (f) Workflow and Production Control. Provide guidelines and/or flowcharts showing agency/team member responsibilities for each step in the process (from intake to clearance) and describe/show how coordination and hand-offs will be handled. Discuss how the actual production status of units, from intake to final clearance, will be monitored, and how and when production bottlenecks will be identified, remedied, and monitored. (g) Describe how you will integrate proposed lead hazard control activities with rehabilitation activities, including providing the training needed to create a workforce properly trained in lead-safe work practices for units assisted or rehabilitated under other HUD programs, and any collaboration with local housing or health departments, rehabilitation programs or community development corporations to stage lead hazard control and rehabilitation in the same units. (h) Describe your contracting process, including development of specifications or adoption of existing specifications for selected lead hazard control methods. Describe the management processes you will use to ensure the cost-effectiveness of your lead hazard control methods. Your application must include a discussion of the contracting process for the conduct of lead hazard control activities in the selected units, and requirements for coordination among lead hazard control, rehabilitation, weatherization, and other contractors. (i) Describe your plan for occupant protection or the temporary relocation of the occupants of units selected and undergoing lead hazard control work. Describe any plan to avoid overnight relocation in small-scale projects consistent with 24 CFR 35.1345(a)(2) and HUD's Lead Safe Housing Rule (24 CFR part 35) Interpretive Guidance, including items J24, R18, and R19. Your work plan should address the use of safe houses and other temporary housing arrangements, storage of household goods, stipends, incentives, etc. b. Economic Opportunity (4 of 40 points). (1) Describe the ways you will train individuals and contractors in housing related trades, such as painters, remodelers, renovators, maintenance personnel, rehabilitation specialists, and others in lead- safe work practices. (2) Describe how you will help to integrate lead-safety into other housing activities, such as meeting the requirements of the HUD Lead- Safe Housing Regulation in housing units rehabilitated or assisted with federal funds. (3) Describe the methods to be used to provide economic opportunities for residents and businesses throughout the community within the target area. This discussion should include information on how you will promote training, employment, business development, and contract opportunities as part of your lead hazard control program. Grantees must comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and HUD's implementing rules at 24 CFR part 135. Describe how you will accomplish the requirement by (a) providing training and employment opportunities for low and very low-income persons living within the grantee's jurisdiction, and by (b) providing business opportunities to businesses owned by low and very low-income persons living within the grantees jurisdiction. Applicants that provide training, employment or business opportunities for low- and very low-income persons will receive one point in this sub factor. c. Lead Hazard Control Outreach and Community Private Sector Involvement (4 of 40 points). Applicants are encouraged to solicit participation of grassroots community-based and private sector organizations, including faith-based organizations; and other community-based and private sector organizations; to accomplish outreach and community involvement activities and to build long-term capacity to sustain accomplishments in the target area. Applicants that team with, fund, or subcontract with grassroots community-based nonprofit organizations, including faith-based organizations, will receive one point in this-sub factor. Your application must describe: (1) Proposed methods of community education. These may include community awareness, education, training, and outreach programs in support of the work plan and objectives. This description should include general and/or targeted efforts undertaken to assist your program in reducing lead exposure. Programs should be culturally sensitive, targeted, and linguistically appropriate. Upon request, this would include making materials available in alternative formats to persons with disabilities (e.g., Braille, audio, large type), and in other languages common to the community to the extent possible. (2) Strategy for involving neighborhood or grassroots community based nonprofit organizations, including faith-based organizations, in your proposed activities. Your activities may include training (including training residents to screen houses through visual assessment and sampling), outreach, community education, marketing, inspection (including dust lead testing), and the conduct of lead hazard control activities. HUD will evaluate the proposed level of substantive involvement of such organizations during the review process. (3) Strategies and methodologies that affirmatively further fair housing and increase access to lead-safe housing for all segments of the population: homeowners, owners of rental properties, and tenants. This outreach should address ways to avoid housing discrimination against families with young children, and ways to ensure that all families will have adequate, lead-safe housing choices in the future. These strategies could include your plans to develop and implement a registry (listing) of lead-safe housing that is available to the public, or to incorporate the inclusion of the lead-safe status of properties in another publicly accessible address-based property information system. The strategy could also include affirmatively marketing your services to those populations least likely to apply and who may not be served by any of the organizations working with you on the grantee team. d. Data Collection and other Program Support Activities (2 of 40 points). (1) Identify and discuss the specific methods you will use (in addition to HUD reporting requirements) to document activities, progress, program effectiveness, and how changes necessary to improve performance will be implemented. Describe how you will obtain, document and report on information collected. (2) Provide a detailed description of any proposed participation in research activities, studies, or development of information systems designed to enhance the delivery, analysis, or conduct of lead hazard control activities, or that will facilitate the targeting and pooling of resources to further childhood lead poisoning prevention efforts. If you are proposing to participate in research activities, describe the objectives, methodology, and impact at the local level of the proposed research activities. 4. Rating Factor 4: Leveraging Resources (10 Points) This factor addresses your ability to obtain other community and private sector resources that can be combined with HUD's program resources to achieve program objectives. In evaluating this factor, HUD will consider the extent to which you have [[Page 13852]] established working relationships with other entities to get additional resources or commitments to increase the effectiveness of the proposed program activities. Resources may include cash or in-kind contributions of services, equipment, or supplies allocated to the proposed program. Resources may be provided by governmental entities, public, or private organizations, and other entities teaming with you. Leveraging arrangements with rental property owners may have the benefits of increasing the efficiency of public lead hazard identification and control expenditures and creating a financial stake for rental property owners in the quality of lead hazard control work. Contractual or other formal relationships with grassroots community-based nonprofit organizations, including faith-based organizations, are a requirement for State and local government applicants. Documentation of relationships with grassroots community-based nonprofit organizations, including faith-based organizations, must be provided in this application in the form of either signed agreements or commitment letters from organization officials who have the authority to commit the organization. This requirement does not apply to Native American Tribe applicants. You also may team with other program funding recipients to coordinate the use of resources in your target area(s). (1) You should detail any activities to increase the understanding of lead poisoning prevention in your community. This could include teaming with childhood lead screening programs, collaboration with ongoing health, housing or environmental research efforts which could result in a greater availability of resources, and efforts to build capacity for lead-safe housing. (2) Matching funds must be shown to be specifically dedicated to and integrated into supporting the lead-based paint hazard control program. Refer to Section III. B. Cost Sharing or Matching Requirements for additional information. You may not include any federal funds as part of the 10 percent match, unless those funds are specifically permitted by statute to be used as matching funds, such as CDBG funds. Other resources from the private sector or other sources committed to the program that exceed the required 10 percent match will provide points for this rating factor. Contributions above the first 10 percent may include funds from other federally funded programs, and/or state, local, charity, nonprofit or for-profit entities. The signature of the authorized official on the Form SF-424 commits matching or other contributed resources of the applicant organization. A separate letter of commitment for the match from the applicant organization is not required; however, the applicant must submit a letter of commitment from each organization other than itself that is providing a match, whether cash or in-kind, both for the required minimum and additional amounts. The letter must describe the contributed resources that you will use in the program and their designated purpose. Staff in-kind contributions should be given a monetary value based on the local market value of the staff skills; you are responsible for tracking the number of labor hours provided in the match for each labor category. If you do not provide letters from contributors specifying details and the amount of the actual contributions, those contributions will not be counted. Contributions required of rental property owners may be included as part of your match. You should document and provide the amount of the match from each resource. Applicants will not receive full points under this rating factor if they do not submit evidence of a firm commitment and the appropriate use of leveraged resources under the grant program. Such evidence must be provided in the form of letters of firm commitment, memoranda of understanding, or other signed agreements to participate from those entities identified as team members in your application. Each letter of commitment, memorandum of understanding, or agreement to participate should include the organization's name, the proposed level of commitment, and the responsibilities as they relate to your proposed program. The commitment must be signed by an official of the organization legally able to make commitments on behalf of the organization. Describe the role of grassroots community-based nonprofit organizations, including faith-based organizations, in specific program activities, such as: hazard evaluation and control; monitoring; and awareness, education, and outreach within the community. Describe how you will ensure that commitments to sub-grantees specified in your proposal will be honored and executed, contingent upon an award from HUD. 5. Rating Factor 5: Achieving Results and Program Evaluation (10 Points) (A) This factor emphasizes HUD's commitment to ensuring that applicants achieve the goals outlined in their work plan and other benchmark standards and assess their performance to ensure performance goals are met (5 points). Achieving results means you, the applicant, have clearly identified the benefits, or outcomes of your program. Outcomes are ultimate goals. Benchmarks or outputs are interim activities or products that lead to the ultimate achievement of your goals. Program evaluation requires that you, the applicant, identify program outcomes, interim products or benchmarks, and performance indicators that will allow you to measure your performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Your Evaluation Plan should identify what you are going to measure, how you are going measure it and the steps you have in place to make adjustments to your work plan if performance targets are not met within established timeframes. The degree to which benefits are maximized relative to cost is important. In particular, different technical approaches vary widely in cost, but also produce different levels of benefits. Evaluation should explore how well the technical strategy meets the conditions and needs found in the grantee's jurisdiction. This rating factor reflects HUD's goal to embrace high standards of ethics, management, and accountability. Applicants are required to complete the HUD 96010 Logic Form included in the General Section. (1) An applicant is to identify and describe specific methods, measures, and tools that you will use (in addition to HUD reporting requirements) to measure progress, evaluate program effectiveness, and identify program changes necessary to improve performance. Describe how you will obtain, document, and report the information. In evaluating this factor, HUD will consider how you have described outcome measures and benefits of your program including: (a) The degree to which lead hazard control work will be done in conjunction with other housing-related activities (i.e., rehabilitation, weatherization, correction of code violations, and other similar work), or your plan for the integration and coordination of lead hazard control activities into those activities in the future. (b) Plans to develop public/private lending partnerships to finance lead hazard control as part of acquisition and rehabilitation financing such as the use of Community Reinvestment Act ``credits'' by lending institutions or other financing strategies. (c) Results of any specific plans and objectives established to implement [[Page 13853]] and/or maintain a registry (listing) of lead-safe housing that is available to the public, or to incorporate the inclusion of the lead- safe status of properties in another publicly accessible address-based property information system. Results could include how the information would be managed and affirmatively marketed to the public so that families (particularly low-income families with children under six years of age) can make informed decisions regarding their housing options. Prior grantee applicants must address any registry (listing) of lead-safe housing developed during the prior grant period by specifically discussing the availability, amount of information contained, and its maintenance. (d) The extent to which affirmatively furthering fair housing for all segments of the population is advanced by the proposed activities. (This section does not apply to Native American Tribes.) Detail how your proposed work plan will support the community's efforts to affirmatively further affordable housing and how you will quantify results of affirmatively furthering fair housing activities. As part of the background for your fair housing element of your work plan under this grant, discuss the impact of prior activities that have contributed to enhanced lead-safe housing opportunities. (e) The resulting impact of plans to adopt or amend statutes, regulations, or policies that will more fully integrate lead hazard control into community policies and priorities. (f) How your program will be held accountable for meeting program goals, objectives, and the actions undertaken in implementing the grant program. Applicants should provide a description of the mechanism to assess progress and track performance in meeting the goals and objectives outlined in the work plan. Applicants should provide assurances that work plans and performance measures developed for the program will assist intended beneficiaries, and that work will be conducted in a timely and cost-effective manner. (B) Results of activities to coordinate and cooperate with other organizations that will lead to a reduction in lead risks to community residents (5 points). This could include documenting such activities as: free training to create a workforce properly trained in lead safe work practices; lead-safe work practices training for repainting and remodeling; promotion of essential maintenance practices; and provision of lead dust testing to low-income, privately-owned homes which may not receive lead hazard control assistance under this grant program. This factor should address the quantitative measures of the following: (1) Community outreach education that focuses on the outcomes of a workforce properly trained in lead safe work practices. (2) Effective outreach education aimed at families, health care members, and other professional colleagues. (3) Effective outreach education assessing the needs of families and communities intended to receive lead hazard control assistance under this grant program 6. Bonus Points (2 Points) HUD's FY2005 NOFAs provide for the award of two bonus points for eligible activities/projects that the applicant proposes to locate in federally designated Empowerment Zones (EZs), Renewal Community (RC), or Enterprise Community, designated by USDA in round II (EC-IIs). Applicants may also meet the requirements listed in the General Section of this NOFA for a possible award of two bonus points. B. Reviews and Selection Process 1. Rating and Ranking Please refer to the General Section. Only those applications that meet the threshold review requirements will be rated and ranked. HUD intends to fund the highest ranked applications in each category receiving a minimum score of 75 within the limits of funding. a. A current grantee eligible to compete as a Competitive Performance-Based Renewal Grant applicant will be rated and ranked based on its demonstrated performance in terms of the number of housing units completed and cleared (as a percentage of units in current grant agreement), the cumulative Line of Credit Control System (LOCCS) drawdowns to date, and the applicant's response to Factors Two through Five. Performance will be evaluated based upon the quarterly progress data submitted to HUD for the period ending March 31, 2005 and other data available to HUD. Current grantees that are eligible to submit a Performance-Based Renewal application and are successful applicants will have their current grant agreement modified to allow for an additional 36-months grant. The submission requirements for the Performance-Based Renewal grant can be found in Section IV of this NOFA. b. Remaining Funds. Refer to the General Section of this NOFA for HUD's procedures if funds remain after all selections have been made within a category of the Lead Hazard Control Grant Program. 2. Factors for Award Used to Rate and Rank Applications a. Implementing HUD's Strategic Framework and Demonstrating Results. HUD is committed to ensuring that programs result in the achievement of HUD's strategic mission. To support this effort, grant applications submitted for HUD programs will be rated on how well they tie proposed outcomes to HUD's policy priorities and Annual Goals and Objectives, and the quality of proposed Evaluation and Monitoring Plans. HUD is encouraging applicants to undertake specific activities that will assist the Department in implementing its policy priorities. HUD's Strategic Goals and Policy Priorities are outlined in the General Section of this NOFA. For Lead Hazard Control Grant Program applicants, activities that promote economic opportunities for low-income persons support HUD's policy priority for Improving the Quality of Life in Our Nation's Communities. An applicant will be awarded one point under Rating Factor 3: Economic Opportunities for activities that are undertaken to specifically address this policy priority. Activities that promote the participation of grassroots community-based nonprofit organizations, including faith-based organizations, or community and parent organizations, support HUD's policy priority for providing full and equal access to grassroots community-based nonprofit organizations, including faith-based organizations. An applicant will be awarded one point under Rating Factor 3: Lead Hazard Control Outreach and Community Private Sector Involvement for activities undertaken that specifically addresses this policy priority. For initiatives that break down regulatory barriers that impede the production of affordable housing, an applicant will be awarded up to two (2) points under Rating Factor 3 for activities that remove barriers to affordable housing within their communities or support such efforts at the state and local level. This priority relates to HUD's Strategic Goal for Increasing Homeownership Opportunities and Promoting Decent Affordable Housing. Refer to the General Section for additional details pertaining to this policy priority. Applicants addressing this policy priority are to complete Form HUD-27300--Questionnaire for HUD's Initiative on Removal of Regulatory Barriers, and must include required documentation to receive policy priority points. b. The maximum number of points to be awarded is 102. This maximum [[Page 13854]] includes two bonus points as described in the General Section. c. The factors for rating and ranking eligible grantees under all categories, and the maximum points for each factor are stated below: ------------------------------------------------------------------------ Maximum Rating factor points ------------------------------------------------------------------------ 1. Capacity of the Applicant and Relevant Organizational 20 Experience (or, Units Completed/LOCCS Disbursed by deadline date for Competitive Performance-Based Renewal Applicants).. 2. Needs/Extent of the Problem............................... 20 3. Soundness of Approach..................................... 40 4. Leveraging Resources...................................... 10 5. Achieving Results and Program Evaluation.................. 10 Empowerment Zone and Enterprise Community Bonus Points....... 2 ---------- Total.................................................... 102 ------------------------------------------------------------------------ VI. Award Administration Information: Refer to the General Section for Additional Details on Award Administration A. Award Notices 1. Successful applicants will receive a letter from the Office of Healthy Homes and Lead Hazard Control Grant Officer indicating that they have been selected for an award. This letter will provide additional details regarding the effective start date of the grant and any additional data and information to be submitted to execute a grant agreement. This letter is not an authorization to begin work or incur costs under the grant. A fully executed grant agreement is the authorizing document. Unsuccessful applicants will also be notified that their application was not selected for an award and will be afforded an opportunity to request a debriefing on the unsuccessful application according to the procedures outlined in the General Section. 2. Negotiation. Refer to the General Section for additional details. 3. Adjustments to Funding. Refer to the General Section for additional details. B. Administrative and National Policy Requirements Refer to the General Section for additional details regarding the Administrative and National Policy Requirements applicable to HUD Programs. 1. Flood Disaster Protection Act Under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001- 4128), you may not use these grant funds for lead-based paint hazard control of a building or manufactured home that is located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards unless: a. The community in which the area is situated is participating in the National Flood Insurance Program in accordance with the applicable regulations (44 CFR parts 59-79), or less than a year has passed since FEMA notification regarding these hazards; and b. Where the community is participating in the National Flood Insurance Program, flood insurance on the property is obtained in accordance with section 102(a) of the Flood Disaster Protection Act (42 U.S.C. 4012a(a)). You are responsible for assuring that flood insurance is obtained and maintained for the appropriate amount and term. 2. National Historic Preservation Act The National Historic Preservation Act of 1966 (16 U.S.C. 470) and the regulations at 36 CFR part 800 apply to the lead-based paint hazard control activities that are undertaken pursuant to this program. HUD and the Advisory Council for Historic Preservation have developed an optional Model Agreement for use by grantees and State Historic Preservation Officers in carrying out activities under this program. The Model Agreement may be obtained from the HUD Web site at: www.hud.gov/utilities/intercept.cfm?/offices/lead/grantfrm/pgi/95-- 06.pdf 3. Waste Disposal You must handle waste disposal according to the requirements of the appropriate local, state, and federal regulatory agencies. You must handle disposal of wastes from hazard control activities that contain lead-based paint, but are not classified as hazardous in accordance with state or local law or the HUD Guidelines for the Evaluation and Control of Lead-Based Hazards in Housing (HUD Guidelines). The Guidelines are available from the HUD Web site at: http://www.hud.gov/ offices/ lead/guidelines/hudguidelines/ index.cfm. 4. Worker Protection Procedures You must observe the procedures for worker protection established in the HUD Guidelines, as well as the requirements of the Occupational Health and Safety Administration (OSHA) (29 CFR 1926.62, Lead Exposure in Construction), or the State or local occupational safety and health regulations, whichever are most protective. If other applicable requirements contain more stringent requirements than the HUD Guidelines, the more rigorous standards shall be followed. 5. Davis-Bacon Act The Davis-Bacon Act does not apply to this program. However, if you use grant funds in conjunction with other federal programs in which Davis-Bacon prevailing wage rates apply, then Davis-Bacon provisions would apply to the extent required under the other Federal programs. 6. Procurement of Recovered Materials See the General Section for information concerning this requirement. C. Reporting Successful applicants will be required to submit quarterly, annual, and final program and financial reports according the requirements of the Office of Healthy Homes and Lead Hazard Control. Your quarterly, annual and final report must include a completed Logic Model form HUD- 96010, approved and incorporated into your award agreement, showing specific outputs and outcome results against those proposed and accepted as part of your approved grant agreement. For specific reporting requirements, see policy guidance: www.hud.gov/offices/lead. Specific guidance and additional details will be provided to successful applicants. VII. Agency Contact(s) For Further Information and Technical Assistance: You may contact Jonnette Hawkins, Director, Program Management and Assurance Division, Office of Healthy Homes and Lead Hazard Control, 451 Seventh Street SW., Washington, DC 20410-3000, telephone (202) 755-1785, extension 126 (this is not a toll-free number) facsimile (202) 755-1000, e-mail: [email protected] (use underscores). If you are a hearing- or speech-impaired person, you may reach the above telephone number via TTY by calling the toll-free Federal Information Relay Service at 1- 800-877-8339. VIII. Other Information Other Office of Healthy Homes and Lead Hazard Control Information: For additional general, technical, and grant program information pertaining to the Office of Healthy Homes and Lead Hazard Control, visit: http://www.hud.gov/offices/lead. BILLING CODE 4210-32-P [[Page 13855]] [GRAPHIC] [TIFF OMITTED] TN21MR05.123 [[Page 13856]] [GRAPHIC] [TIFF OMITTED] TN21MR05.124 [[Page 13857]] [GRAPHIC] [TIFF OMITTED] TN21MR05.125 [[Page 13858]] [GRAPHIC] [TIFF OMITTED] TN21MR05.126 [[Page 13859]] [GRAPHIC] [TIFF OMITTED] TN21MR05.127 [[Page 13860]] [GRAPHIC] [TIFF OMITTED] TN21MR05.128 [[Page 13861]] Healthy Homes Technical Studies Program Overview Information A. Federal Agency Name. Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control (OHHLHC). B. Funding Opportunity Title. Healthy Homes Technical Studies C. Announcement Type. Initial announcement. D. Funding Opportunity Number. The Funding Opportunity Number is: FR-4950-N-26. The OMB Paperwork Approval number is: 2539-0015. E. Catalog of Federal Domestic Assistance (CFDA) Number(s). 14.906, Healthy Homes Technical Studies Grant Program. F. Dates. The application submission date is June 8, 2005. See the General Section of the SuperNOFA Section IV, Application and Submission Information, regarding application submission procedures and timely filing requirements. G. Additional Overview Content Information. a. Purpose: To fund technical studies to improve existing methods for detecting and controlling housing-related health and safety hazards, to develop new methods, and to improve our knowledge of housing-related health hazards. b. Available funding: The total amount to be awarded is approximately $2 million. c. Anticipated awards: The anticipated amounts and/or numbers of individual awards will be approximately 2 to approximately 8 awards, ranging from approximately $200,000 to approximately $1 million, plus an award to be made to correct a funding error under the fiscal year 2004 Healthy Homes Technical Studies Program NOFA. d. Type of awards: The type of award instruments that will be used are grants or cooperative agreements, with substantial involvement of the government in the case of cooperative agreements (see Section II.C for a description of substantial involvement). e. Eligible applicants: Academic, not-for-profit and for-profit institutions located in the U.S., state and local governments, and federally recognized Native American tribes are eligible to apply. f. Cost sharing is not required; however, applicant ``leveraging'' contributions are encouraged (see Section V.A.3.d). g. There are no limitations on the number of applications that each applicant may submit. h. The applications for this NOFA can be found at http://www.grants.gov. The application is an electronic application. You must register at http://www.grants.gov to be able to submit your application. The General Section contains information about submission requirements and procedures. Please carefully review the General Section before reading the program section so that you understand HUD's new electronic application process. Full Text of Announcement I. Funding Opportunity Description A. Purpose of the Program The overall goal of the Healthy Homes Technical Studies program is to gain knowledge to improve the efficacy and cost-effectiveness of methods for evaluation and control of multiple housing-related health and safety hazards. B. Program Description HUD is funding studies to improve HUD's knowledge of housing- related health hazards, and to improve or develop new hazard assessment and control methods, with a focus on the key residential health and safety hazards. Key hazards are described in Appendix A of this NOFA (the appendices to this NOFA are available on HUD's Web site at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm). The Healthy Homes Initiative (HHI), which includes the Healthy Homes Technical Studies Program and the Healthy Homes Demonstration Grant Program (see the separate funding announcement for this program), departs from the more traditional approach of attempting to correct one hazard at a time. In April 1999, HUD submitted to Congress a preliminary plan containing a full description of the HHI. The preliminary plan (Summary and Full Report) and a description of the HHI are available on the HUD Web site at http://www.hud.gov/offices/lead/ hhi/index.cfm. HUD encourages applicants to consider using the ``community based participatory research'' approach, where applicable, in the design and implementation of your healthy homes technical studies application (see e.g., http://www.niehs.nih.gov/translat/cbpr/cbpr.htm). A description of current and recently completed Healthy Homes Technical Studies projects and grantee contact information can be found on the HUD Web site at http://www.hud.gov/offices/lead/hhi/ hhigranteeinfo.cfm. In addition to deficiencies in basic housing facilities that may impact health, changes in the U.S. housing stock and more sophisticated epidemiological methods and biomedical research have led to the identification of new and often more subtle health hazards in the residential environment (e.g., asthma triggers). While such hazards will tend to be found disproportionately in housing that is substandard (e.g., structural problems, lack of adequate heat, etc.), such housing- related environmental hazards may also exist in housing that is otherwise of good quality. Appendix A of this NOFA briefly describes the key housing-associated health and injury hazards HUD considers targets for intervention. Appendix B of this NOFA lists the references that serve as the basis for the information provided in this NOFA (see http://www.hud.gov/offices/adm/grants/fundsavail.cfm). HUD has also developed resource papers on a number of topic areas of importance under the Healthy Homes Initiative, including mold, environmental aspects of asthma, carbon monoxide, and unintentional injuries. These papers can be downloaded from the HUD Web site at www.hud.gov/offices/ lead/hhi. HUD is interested in promoting approaches that are cost- effective and efficient and that result in the reduction of health threats for the maximum number of residents, and in particular, low- income children. 1. Goals of the Healthy Homes Initiative The overall goals and objectives of the HHI are to: a. Mobilize public and private resources, involving cooperation among all levels of government, the private sector, grassroots community-based organizations, including faith-based organizations, and other non-profit organizations, to develop the most promising, cost- effective methods for identifying and controlling housing-based hazards; and b. Build local capacity to operate sustainable programs that will continue to prevent and minimize and control housing-based hazards in low- and very low-income residences when HUD funding is exhausted. 2. Objectives of the Healthy Homes Technical Studies Program With this NOFA, HUD hopes to advance the recognition and control of residential health and safety hazards and more closely examine the link between housing and health. The overall objectives of Healthy Homes Technical studies projects to be funded [[Page 13862]] through this NOFA include, but are not limited to: a. Development and assessment of low-cost test methods and protocols for identification and assessment of housing-related hazards; b. Development and assessment of cost-effective methods for reducing or eliminating housing-related hazards; c. Evaluation of the effectiveness of housing interventions and public education campaigns, and barriers and incentives affecting future use of the most cost-effective strategies; d. Investigation of the epidemiology of housing-related hazards and illness and injuries associated with these hazards, with an emphasis on children's health; e. Evaluation of residential health and safety hazard assessment and control methodologies and approaches (including both existing methods and the evaluation of improved or novel approaches); f. Analysis of existing data or generation of new data to improve knowledge regarding the prevalence and severity of specific hazards in various classes of housing, with a focus on low-income housing. Specific examples include: (1) The prevalence of carbon monoxide and other indoor air quality hazards; (2) The prevalence and patterns of moisture problems and biological contaminants associated with excess moisture (e.g., fungi, bacteria, dust mites); (3) The prevalence of specific childhood injury hazards in housing; and (4) Improved understanding of the relationship between a residential exposure and childhood illness or injury; g. Low-cost analytical techniques and instruments for the rapid, on- and off-site determination of environmental contaminants of concern (e.g., bioaerosols, pesticides, allergens). HUD's primary interest is in the improvement of existing instruments or methods, and not in the development of new technologies or instruments. Applicants seeking to develop new technologies/instruments should discuss why, if funded, their proposed project would be unlikely to experience significant delays in its completion. The OHHLHC has noted that these types of studies pose a high risk of experiencing significant delays. h. Objectives of particular interest to HUD include: (1) Improving or assessing the efficacy of current methods for residential Integrated Pest Management (IPM). IPM approaches focus on the use of economical means for managing pests, which incorporate information on the life cycles of pests and their interaction with the environment, while minimizing hazards to people, property, and the environment. HUD is particularly interested in IPM methods for reducing cockroach and/or rodent populations in multifamily housing; (2) Controlling excess moisture by reducing migration through the building envelope and condensation of water vapor on interior surfaces, with an emphasis on low cost interventions for low income housing; (3) Improving indoor air quality, such as through cost-effective approaches to upgrading residential ventilation or improving control/ management of combustion appliances. Applicants should discuss how proposed approaches might affect residential energy costs (e.g., increasing air exchange rates resulting in an increase in heating costs); (4) Dust control measures (e.g., preventing track-in of exterior dust and soil, improved methods for interior dust cleaning) have been identified as key areas in the HHI Preliminary Plan; (5) Evaluating the effectiveness of education and outreach methods designed to provide at-risk families with the knowledge to adopt self- protective behaviors with respect to housing-related health hazards. In proposing to conduct a study on a particular topic, applicants should consider: (1) The ``fit'' of the proposed hazard assessment and/or control methods within the overall goal of addressing ``priority'' health and safety hazards in a cost-effective manner; (2) The efficacy of the proposed methods for hazard control and risk reduction (e.g., how long is effective hazard reduction maintained; (3) Consider where and how these methods would be applied and tested, and/or perform demonstration activities; and (4) The degree to which the study will help develop practical, widely applicable methods and protocols or improve our understanding of a residential health hazard. Although HUD is soliciting proposals for technical studies on these broad topics, HUD will also consider funding applications for technical studies on topics that are relevant under the overall goals and objectives of this program, as described above. In such instances, it is especially important that the applicant indicate why the proposed study is needed and indicate how it is consistent with the overall goals and objectives of the program. Applications for a study for which the sole or primary focus is on lead-based paint hazards are ineligible for funding under this NOFA. Such studies should be submitted for funding under the ``Lead Technical Studies Program'' NOFA, which is also administered by the OHHLHC; see www.grants.gov for information on applying under that program. Applicants should consider the efficiencies that might be gained by working cooperatively with some of the recipients of HUD's Healthy Homes Demonstration and Lead Hazard Control grants, which are widely distributed throughout the U.S. Information on current grantees is available at http://www.hud.gov/offices/lead. You may address one or more of the technical studies topic areas within your proposal, or submit separate applications for different topic areas. C. Authority These awards are authorized under sections 501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 and 1701z- 2); and the Consolidated Appropriations Act, 2005 (Pub. L. 108-447, approved December 8, 2005). II. Award Information A. Funding Available Approximately $2 million in fiscal year 2005 funds is available for grants or cooperative agreements under this Healthy Homes Technical Studies Program NOFA. Of this amount, HUD will award a grant for $365,736 in fiscal year 2005 funds to Edenspace Systems Corporation, 15100 Enterprise Court, Suite 100, Dulles, VA 20151-1217, to resolve a funding error under the fiscal year 2004 Healthy Homes Technical Studies Program NOFA, in accordance with Sec. VI.A.3 of the fiscal year 2004 General Section. The remaining amount, approximately $1.6 million, will be awarded on a competitive basis following evaluation of all eligible proposals according to the rating factors described in Section V of this NOFA. HUD anticipates awarding approximately two to approximately eight grants or cooperative agreements, ranging from approximately $200,000 to approximately $1 million each. Applications for supplementation of existing projects are eligible to compete with applications for new awards (i.e., for work outside of the scope of the original agreement). B. Anticipated Start Date and Period of Performance for New Grants The start date for new awards is expected to be October 1, 2005. The [[Page 13863]] period of performance cannot exceed 36 months from the time of award. The proposed performance period should include adequate time for project components such as the Institutional Review Board process, the recruitment of study participants, and the development of new instrumentation or methods (e.g., analytical methods), all of which have been found to delay projects in the past. Period of performance extensions for delays due to exceptional conditions beyond the grantee's control will be considered for approval by HUD in accordance with 24 CFR 85.25(e)(2) or 24 CFR 85.30(d)(2), as applicable, and the OHHLHC Program Guide. If approved, grantees will be eligible to receive a single extension of up to 12 months in length. Applicants are encouraged to plan studies with shorter performance periods, however when developing your schedule you should also consider the possibility that issues may arise that could cause delays. C. Type of Award Instrument All awards in response to this NOFA will be made as grants or cooperative agreements. Anticipated substantial involvement by HUD on cooperative agreements may include, but will not be limited to: 1. Review and possibly suggest amendments to the study design, including: Study objectives; data collection methods; sample handling and preparation, and, sample and data analysis; 2. Review and provide technical recommendations in response to quarterly progress reports (e.g., possible amendments to study design based on preliminary results); 3. Review and provide technical recommendations on the final study report. III. Eligibility Information A. Eligible Applicants Eligible Applicants. Academic and not-for-profit institutions located in the U.S., state and local governments, and federally recognized Native American tribes are eligible under all existing authorizations. For-profit firms also are eligible; however, they are not allowed to earn a fee (i.e., no profit can be made from the project). Applications for supplementation of existing projects are eligible to compete with applications for new awards. Federal agencies and federal employees are not eligible to submit applications. The General Section of the SuperNOFA provides additional eligibility requirements. B. Cost Sharing or Matching Cost sharing or matching is not required. In rating your application, however, you will receive a higher score under Rating Factor 5 if you provide evidence of significant cost leveraging. C. Other 1. Threshold Requirements Applicable to All Applicants Under the SuperNOFA To be scored and ranked under the Rating Factors, and thus be eligible to receive funds from HUD, you must meet all of the threshold requirements described in the General Section of the SuperNOFA. Threshold requirements include Eligibility, Compliance with Fair Housing and Civil Rights Laws, Conducting Business in Accordance with Core Values and Ethical Standards, Delinquent Federal Debts and Pre- Award Accounting System Surveys. Information about threshold requirements is provided in the General Section of the SuperNOFA. 2. Program Requirements Applicants must agree to the following: a. Comply with all relevant federal and state regulations regarding exposure to and proper disposal of hazardous materials; b. Any blood lead testing and medical referral and follow-up for children under six years of age will be conducted according to the recommendations of the Centers for Disease Control and Prevention (CDC), Preventing Lead Poisoning in Young Children (see Appendix B of this NOFA at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm); c. HUD Healthy Homes Technical Studies funds awarded will not replace existing resources dedicated to any ongoing project; d. Laboratory analysis covered by the National Lead Laboratory Accreditation Program (NLLAP) will be conducted by a laboratory recognized under the program; e. Standardized Dust Sampling Protocol and Quality Control Requirements. Grantees collecting samples of settled dust from participant homes for environmental allergen analyses (e.g., cockroach, dust mite) will be required to use a standard dust sampling protocol, unless there is a strong justification to use an alternate protocol (e.g., the study involves the development of an alternative sampling method). The HUD protocol will be posted on the OHHLHC Web site at: http://www.hud.gov/offices/lead/hhi/hhiresources.cfm. Grantees conducting these analyses will also be required to include quality control dust samples, provided by OHHLHC at no cost to the grantee, with the samples that are submitted for laboratory analyses. For the purpose of budgeting laboratory costs, you should assume that five percent of your total allergen dust samples will consist of QC samples. f. Human research subjects will be protected from research risks in conformance with Federal Policy for the Protection of Human Subjects, codified by HUD at 24 CFR part 60; and g. The requirements of OSHA (e.g., 29 CFR part 1910 and/or 1926, as applicable) or the state or local occupational safety and health regulations, whichever are most stringent, will be met; h. If an individual researcher or a research team submits the application, the institution administering the award will meet the civil rights threshold in the General Section of this NOFA i. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). This program is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). Section 3 requires recipients to ensure that, to the greatest extent feasible, training, employment, and other economic opportunities will be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low- income persons. The regulations may be found at 24 CFR part 135. j. All test results in pre-1978 housing related to lead-based paint or lead-based paint hazards must be provided to the owner of the unit, together with a statement describing the owner's legal duty to disclose the results to tenants (before initial leasing, or before lease renewal with changes) and buyers (before sale) if the housing was constructed before 1978 (24 CFR part 35, subpart A). This information provided to owners may only be used for purposes of remediation of lead-based paint and other hazards in the unit. Disclosure of other identified housing- related health or safety hazards to the owner of the unit, for purposes of remediation, is encouraged but not required. Submission of any information on the properties to databases (whether web site, computer, paper, or other format) of addresses of identified, treated or cleared housing units is subject to the protections of the Privacy Act of 1974, and shall not include any [[Page 13864]] personal information that could identify any child affected. 3. DUNS Requirement Refer to the General Section of the SuperNOFA for information regarding the DUNS requirement. A DUNS number must be provided for the institution that is submitting an application. IV. Application and Submission Information If you are interested in applying for funding under this program, please review carefully the General Section of the SuperNOFA and the following additional information. A. Addresses to Request Application Package There is no Application Kit. All the information required to submit an application is contained in this program NOFA and the General Section of the SuperNOFA. Forms can be downloaded from the web at: http://www.grants.gov. B. Content and Form of Application Submission 1. Applicant Data Your application must contain the items listed in this Section. These items include the standard forms, certifications, and assurances listed in the General Section of the SuperNOFA that are applicable to this funding announcement (collectively referred to as the ``standard forms''). The standard forms can be found in the General Section of the SuperNOFA. The required items are: a. Application Abstract. An abstract describing the project title, the names and affiliations of all investigators, and a summary of the objectives, expected results, and study design (two-page maximum) must be included in the proposal. b. All forms as required by the General Section of the SuperNOFA. A Certification of Consistency with the Consolidated Plan is not required for this application. Also, HUD Form-27061 (Race and Ethnicity Data) is not required with the application for this program. c. A project description/narrative statement addressing the rating factors for award of funding under this program. The narrative statement must be identified in accordance with each factor for award (i.e., Rating Factors 1 through 5). The project description must be included in the responses to the rating factors. The response to the rating factors should not exceed a total of 25 pages, single-sided (12- point font with at least \3/4\ inch margins on 8\1/2\'' by 11'' pages). Any pages in excess of this limit will not be read. The rating for each Rating Factor will be based on the Rating Factor's numbered portion of your narrative statement, supplemented by appendices referenced and discussed in that portion of your narrative statement; material located outside the Rating Factor's numbered portion of your narrative statement and its referenced and discussed appendices will not be rated. Additional materials (e.g., appendices) must be submitted with your application according to the directions in the General Section of the SuperNOFA. d. Evidence of leveraging/partnerships. Submit the following with your application: letters of firm commitment; memoranda of understanding; or agreements to participate from those entities identified as partners in the project efforts. Each letter of commitment, memorandum of understanding, or agreement to participate must include the organization's name, proposed level of commitment (with monetary value) and responsibilities as they relate to specific activities or tasks of your proposed program. The commitment must also be signed by an official of the organization legally able to make commitments on behalf of the organization. e. In conformance with the Common Rule (Federal Policy for the Protection of Human Subjects) (required by HUD at 24 CFR part 60), if your research is subject to these regulations, your organization must provide an assurance (e.g., a letter signed by an appropriate official) that the research has been reviewed and approved by an Institutional Review Board (IRB) before you can initiate activities that require IRB approval. Before receiving such funds, you must also provide the number for your organization's assurance (i.e., an ``institutional assurance'') that has been approved by the Department of Health and Human Service's Office for Human Research Protections (OHRP). For additional information on what constitutes human subject research or how to obtain an institutional assurance, see the OHRP Web site at http://www.hhs.gov/ohrp. f. Submit materials that are required in support of your application (e.g., resumes of the principal investigator and other key personnel, letters of commitment). Resumes shall not exceed three pages each, and are limited to information that is relevant in assessing the qualifications of key personnel to conduct and/or manage the proposed technical studies. (This information will not be counted towards the page limit.) g. Submit any optional materials (e.g., figures, data, letters of support) in support of your application, following the directions in the General Section of the SuperNOFA. These additional optional materials must not exceed 20 pages. Any pages in excess of this limit will not be read. h. Submit the required forms and a detailed total budget with supporting cost justification for all budget categories of the federal funding request. Use the budget format discussed in Section V(A), Rating Factor 3(c)(5), below. In completing the budget forms and justification, address the following elements: (1) Direct Labor Costs. This should include all full- and part-time staff required for the planning and implementation phases of the project. These costs should be based on full time equivalent (FTE) or hours per year (hours/year) (i.e., one FTE equals 2,080 hours/year); (2) Travel. Budget for three trips to HUD Headquarters in Washington, DC, planning each trip for two people, with the first trip occurring shortly after award, for a stay of five or six days, depending on your location, and the remaining trips having a stay of one or two days, depending on your location; (3) Subrecipients. Provide a separate budget proposal for any subrecipients receiving more than 10 percent of the total federal budget request; (4) You should be prepared to provide supporting documentation for salaries and prices of materials and equipment upon request; (5) Indirect Cost Rates. Organizations that have a federally negotiated indirect cost rate should use that rate and the appropriate base. Other organizations, not having a federally negotiated rate schedule, must obtain a rate from their cognizant federal agency, otherwise the organization will be required to obtain a negotiated rate through HUD; and (6) Rate Agreements. Submit the negotiated rate agreements for fringe benefits and indirect costs, if applicable, as an attachment to the budget sheets. i. Applicants are encouraged to use the following checklist to ensure that all required materials have been prepared and submitted. You are not required to submit this checklist with your application. Checklist for Healthy Homes Technical Studies Program Applicants Item Applicant Abstract (Limited to 2-pages) Rating Factor Responses (Total Narrative Response Limited to 25 Pages) 1. Capacity of the Applicant and Relevant Organizational Experience [[Page 13865]] 2. Need/Extent of the Problem 3. Soundness of Approach 4. Leveraging Resources 5. Achieving Results and Program Evaluation Required Materials in Response to Rating Factors (Does Not Count Towards 25-Page Limit) --Resumes of Key Personnel (limited to 3 pages per resume) --Organizational Chart --Letters of Commitment (if applicable) --Form HUD-96010 Logic Model Form Optional Material in Support of the Rating Factors (20 Page Limit) Required Forms and Budget Material --Form SF 424 (Application for Federal Assistance) --Form HUD-424-CB Grant Application Detailed Budget --Form HUD-CBW (Budget Worksheet) --Form SF 424 Supplement (Survey on Ensuring Equal Opportunity for Applicants) (to be completed by private nonprofit organizations only) --Form SF LLL (Disclosure of Lobbying Activities) --Form HUD 2880 (Applicant/ Recipient Disclosure/Update Report) --Form 2990 Certification of Consistency with the RC/EZ/EC-II Strategic Plan (required only for applicants who are seeking these bonus points) --Form HUD 2994 Client Comments and Suggestions (Optional) --Facsimile Transmittal (for electronic applications)--Form HUD-96011 C. Submission Dates and Times Electronic applications must be submitted to and received by www.grants.gov or before 11:59:59 p.m. eastern time on June 8, 2005. All narrative files and any scanned documents must be submitted as a zip file, single attachment to the electronic application. Refer to the General Section for additional submission requirements including acceptable submission methods, acceptable proof of submission and receipt procedures and other information regarding application submission. Materials associated to your electronic application submitted by facsimile transmission must also be received by 11:59:59 p.m. eastern time on the application submission date. Make sure you see the General Section for how to submit third party letters and other documents as part of your electronic submission utilizing form HUD- 96011, Facsimile Transmittal. Applicants receiving a waiver to the electronic application submission requirement, must submit an original and the required number of copies of your application by the application submission date to the identified address in Appendix C of the General Section. D. Intergovernmental Review Funding received through this NOFA is not subject to Executive Order (EO) 12372, ``Intergovernmental Review of Federal Programs.'' E. Funding Restrictions The following restrictions apply to the use of funds awarded under this program: 1. Administrative Costs. There is a 10 percent maximum allowance for administrative costs. Additional information about allowable administrative costs is provided in Appendix C of this NOFA that is available on HUD's Web site at: www.hud.gov/offices/adm/grants/fundsavail.cfm. 2. The purchase of real property is prohibited. 3. The purchase or lease of equipment having a per unit cost in excess of $5,000, unless prior written approval is obtained from HUD. 4. The use of grant funds for medical treatment costs is prohibited. 5. For-profit entities are not allowed to earn a fee. 6. You must comply with the Coastal Barrier Resources Act (16 U.S.C. 3501). 7. You may not conduct construction, reconstruction or lead based paint hazard control activities that fall below the threshold of building repair or improvement, as defined in Section 3(a)(4) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128), of a building or mobile home which is located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards unless: (1) The community in which the area is situated is participating in the National Flood Insurance Program in accordance with the applicable regulations (44 CFR parts 59-79), or less than a year has passed since FEMA notification regarding these hazards; and (2) Where the community is participating in the National Flood Insurance Program, flood insurance on the property is obtained in accordance with section 102(a) of the Flood Disaster Protection Act (42 U.S.C. 4012a(a)). You are responsible for assuring that flood insurance is obtained and maintained for the appropriate amount and term. F. Other Submission Requirements If you have received a waiver to the electronic application submission requirement, please see Appendix C of the General Section of the SuperNOFA for specific procedures concerning the form of application submission. V. Application Review Information A. Criteria 1. Threshold Requirements Applications that meet all of the threshold requirements will be eligible to be scored and ranked, based on the total number of points allocated for each of the rating factors described in Section V.A.3 of this program NOFA. Your application must receive a total score of at least 75 points to remain in consideration for funding. 2. Rating and Ranking Applications will be reviewed by an Application Review Panel (ARP) which will assign each application a score based on the rating factors presented below. The ARP chairperson selects and provides at least one application to panel members to score during a calibration round to ensure that all panel members are consistent in their application of the rating factors. When the calibration round is completed, each application is reviewed and scored by at least two panel members. If significant scoring discrepancies are identified among the reviewers of an application, the reviewers discuss their differences and are then given an opportunity to rescore the application among themselves and, if needed, with the full ARP. An average score is then computed for each application. The ARP chair may call upon an advisor (generally a scientist with another federal agency) to the ARP to review and comment on a proposal; however, the advisor does not score the application. Advisory comments that potentially affect the rating of an applicant are retained as part of the documentation of the review process. At a final meeting, the ARP identifies the top-ranking applications to be recommended for funding. The factors for rating and ranking applicants and maximum points for each factor are provided below. Each factor is weighted as indicated by the number of points that are attainable for it. The maximum score that can be assigned to an application is 102 points. Applicants should be certain that these factors are adequately addressed in the project description and accompanying materials. The five rating factors are listed below. A more detailed description of the factors follows. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (22 points). [[Page 13866]] Rating Factor 2: Need/Extent of the Problem (15 points). Rating Factor 3: Soundness of Approach (45 points). Rating Factor 4: Leveraging Resources (8 points). Rating Factor 5: Achieving Results and Program Evaluation (10 points). RC/EZ/EC-II Bonus Points (2 points). Total: 102 points. Applicants are eligible to receive two bonus points for projects located within federally designated Renewable Communities (RCs), Empowerment t Zones (EZs), or Enterprise Communities (ECs) designated by USDA in round II (EC-IIs) (collectively referred to as RC/EZ/EC- IIs), and which will serve the residents of these communities (see the General Section of the SuperNOFA). You will receive one point under Rating Factor 3(c)(2) for each of the applicable FY2005 policy priorities that are adequately addressed in your application with the exception of ``Removal of Barriers to Affordable Housing,'' for which you can receive up to two points (see the General Section of the SuperNOFA). Policy priorities that are found in the General Section and applicable to the Healthy Homes Technical Studies NOFA are: (1) Improving our Nation's Communities (focus on distressed communities); (2) Providing Full and Equal Access to Grassroots Faith-based and other Community-based Organizations in HUD Program Implementation; (3) Participation of Minority-Serving Institutions in HUD Programs, and (4) Removal of Barriers to Affordable Housing. You may address more than one of the technical study topic area within your proposal or submit separate applications for technical studies in different topic areas. 3. Rating Factors a. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (22 Points). This factor addresses the extent to which you have the ability and organizational resources necessary to successfully implement your proposed activities in a timely manner. The rating of your application will include any sub-grantees, consultants, sub-recipients, and members of a consortium that are firmly committed to the project (generally, ``subordinate organizations''). In rating this factor, HUD will consider the extent to which your application demonstrates: (1) The capability and qualifications of the principal investigator and key personnel (14 points). Qualifications to carry out the proposed study as evidenced by academic background, relevant publications, and recent (within the past 10 years) relevant research experience. Publications and research experience are considered relevant if they required the acquisition and use of knowledge and skills that can be applied in the planning and execution of the technical study that is proposed under this program NOFA; and (2) Past performance of the study team in managing similar projects (8 points). Demonstrated ability to successfully manage various aspects of a complex technical study in such areas as logistics, study personnel management, data management, quality control, community study involvement (if applicable), and report writing, as well as overall success in project completion (i.e., projects completed on time and within budget). You should also demonstrate that your project would have adequate administrative support, including clerical and specialized support in areas such as accounting and equipment maintenance. If applicable, describe the past performance of your organization in implementing a previously awarded Healthy Homes or Lead Hazard Control grant, or grants that your organization received from other sources to support research on relevant, related topics. Provide details about the nature of the project, the funding agency, and your performance (e.g., timely completion, achievement of desired outcomes). If your organization has an active OHHLHC grant or cooperative agreement, provide a description of the progress and outcomes achieved under that award. b. Rating Factor 2: Need/Extent of the Problem (15 Points). This factor addresses the extent to which there is a need for your proposed technical study. In responding to this factor, you should document in detail how your project would make a significant contribution towards achieving some or all of HUD's stated goals and objectives for the Healthy Homes Technical Studies Program, as described in Section V.A.2 above. You should demonstrate how your proposed study addresses a need associated with an important housing-related health hazard, with an emphasis on children's health. Specific topics to be addressed for this factor include: (1) Provide a concise review of the health hazard that is addressed in your study and why you consider it a ``high priority'' hazard. If available, include documented rates of illness or injury associated with the hazard, including local, regional, and national data; (2) Discuss how your proposed project would significantly advance the current state of knowledge for your focus area, especially with respect to the development of practical solutions; and, (3) Discuss how you anticipate your study findings will be used to improve current methods for assessing or mitigating the hazard that your study addresses. Indicate why the method/protocol that would be improved through your study would be widely adopted (e.g., low cost, easily replicated, lack of other options). c. Rating Factor 3: Soundness of Approach (45 Points). This factor addresses the quality of your proposed technical study plan. Specific components include: (1) Soundness of the study design (20 points). The project description/study design must be thorough and feasible, and reflect your knowledge of the relevant scientific literature. You should clearly describe how your study builds upon the current state of knowledge for your focus area. If possible your study should be designed to address testable hypotheses that are clearly stated. Your study design should be statistically based with adequate power to test your stated hypotheses. The study design should be presented as a logical sequence of steps or phases with individual tasks described for each phase. You should identify any important ``decision points'' in your study plan and you should discuss plans for data management, analysis and archiving. It is HUD's experience that studies can be subjected to considerable delay because of delays in the IRB approval process or because of unexpected difficulties with recruiting study participants. If applicable, describe actions that you will take to minimize the possibility that your study would experience delays in these areas (e.g., understanding likely IRB requirements in advance, planning on additional avenues for recruitment). (2) Policy Priorities (5 points). Indicate if your proposed study will address any of the FY2005 policy priorities that are applicable to this program that were described previously in Section V.A.2 of this program NOFA (see the General Section of the SuperNOFA for additional details regarding these policy priorities). You will receive one point for each of the applicable policy priorities that are addressed in your application, with the exception of ``Removal Of Barriers to Affordable Housing,'' for which you can receive a maximum of 2 points. (3) Quality assurance mechanisms (8 points). You must describe the quality assurance mechanisms that will be [[Page 13867]] integrated into your project design to ensure the accuracy and reliability of the results. Applicants that receive awards will be required to submit a Quality Assurance Plan to HUD. (a) Areas to be addressed include, but are not limited to: acceptance criteria for data quality; procedures for selection of samples/sample sites; sample handling; measurement and analysis; and any standard/nonstandard quality assurance/control procedures to be followed. Documents (e.g., government reports, peer-reviewed academic literature) that provide the basis for your quality assurance mechanisms should be cited. (b) For the collection of data using instruments, such as surveys and visual assessment tools, describe the procedures that you will follow to ensure accurate data capture and transfer. Also, indicate whether research was done (or is planned) to validate the instrument. (c) If your project involves human subjects in a manner which requires IRB approval and periodic monitoring, address how you will obtain such approval and your monitoring plan. Before you can initiate activities that require IRB approval, you must provide an assurance that your study has been reviewed and approved by an IRB and evidence of your organization's ``institutional assurance'' (see Section IV.B.1.f). Describe how you will provide informed consent (e.g., from the subjects, their parents or their guardians, as applicable) to help ensure their understanding of, and consent to, the elements of informed consent, such as the purposes, benefits and risks of the research. Describe how this information will be provided and how the consent will be collected. For example, describe your use of ``plain language'' forms, flyers and verbal scripts, and how you plan to work with families with limited English proficiency or primary languages other than English, and with families including persons with disabilities. (4) Project management plan (8 points). The proposal should include a management plan that provides a schedule for the completion of major tasks, with associated benchmarks and major study milestones, and major deliverables, with an indication that there will be appropriate resources (e.g., personnel, financial) to successfully meet the proposed schedule. The major tasks and benchmarks/deliverables identified in the management plan should be consistent with those identified in the Logic Model (see description under Rating Factor 5). The management plan should clearly identify the specific responsibilities for each member of the project team. You should also include preparation of a final deliverable in your management plan. HUD encourages grantees to draft one or more articles for peer-reviewed academic journals as the major component of a final report. The final deliverable can be submitted to HUD during the period of performance of your grant or cooperative agreement or during the 90-day closeout period (i.e., the 90-day period following award expiration). (5) Budget Proposal (4 points). (a) Your budget proposal should thoroughly estimate all applicable direct and indirect costs, and be presented in a clear and coherent format in accordance with the requirements listed in the General Section of this NOFA. HUD is not required to approve or fund all proposed activities. Your detailed budget should be submitted using Form HUD-424-CBW. You must thoroughly document and justify all budget categories and costs (see Form HUD-424-CB for the major budget categories) and all major tasks, for yourself, sub-recipients, partners, major subcontractors, joint venture participants, or others contributing resources to the project. A separate detailed budget (i.e., Form HUD-424-CBW) is required for subrecipients who will receive more than 10 percent of the federal budget request. (b) Your narrative justification associated with these budgeted costs should be included as an attachment to the Total Budget (Federal Share and Matching), but does not count in the 25-page limit for this submission. (c) The application will not be rated on the proposed cost; however, cost will be considered in addition to the rated factors to determine the proposal most advantageous to the federal government. Cost will be the deciding factor when proposals ranked under the listed factors are considered acceptable and are substantially equal. d. Rating Factor 4: Leveraging Resources (8 Points). Your proposal should demonstrate that the effectiveness of HUD's Healthy Homes Technical Studies award is being increased by securing additional public and/or private resources or by structuring the project in a cost-effective manner, such as integrating the project into an existing study. Resources may include funding or in-kind contributions (such as services, facilities, or equipment) allocated to the purpose(s) of your project. Staff and in-kind contributions should be given a monetary value. You should provide evidence of leveraging/partnerships by attaching to your application the following: Letters of firm commitment; memoranda of understanding; or agreements to participate from those entities identified as partners in the project efforts. Each letter of commitment, memorandum of understanding, or agreement to participate must include the organization's name, proposed level of commitment (with monetary value) and responsibilities as they relate to specific activities or tasks of your proposed program. The commitment must also be signed by an official of the organization legally able to make commitments on behalf of the organization. e. Rating Factor 5: Achieving Results and Program Evaluation (10 Points). This factor emphasizes HUD's commitment to ensuring that applicants keep promises made in their applications and assess their performance to ensure performance goals are met. Achieving results means you have clearly identified the benefits or outcomes of your program. Outcomes are ultimate goals. Benchmarks or outputs are interim activities or products that lead to the ultimate achievement of your goals. Program evaluation requires that you identify program outcomes, interim products or benchmarks, and performance indicators that will allow you to measure your performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Your evaluation plan should identify what you are going to measure, how you are going to measure it, and the steps you have in place to make adjustments to your work plan if performance targets are not met within established timeframes. In your response to this Rating Factor you are to discuss the performance goals for your project and identify specific outcome measures. You are also to describe how the outcome information will be obtained, documented, and reported. You must complete and return the Logic Model Form included in the General Section of the SuperNOFA showing your proposed project long-term, mid-term, short-term and final results, and how they support HUD's departmental goals and objectives. Information about developing a Logic Model is available at http://www.hud.gov. Also, in responding to this factor, you should: (1) Identify benchmarks that you will use to track the progress of your study; (2) Identify milestones that are critical for achieving study objectives (e.g., [[Page 13868]] recruitment of study participants, developing a new analytical protocol), potential obstacles in meeting these objectives, and how you would respond to these obstacles. These milestones should be clearly indicated in your study timeline. This rating factor reflects HUD's goal to embrace high standards of ethics, management and accountability. B. Review and Selection Process 1. Corrections To Deficient Applications The General Section of the SuperNOFA provides the procedures for corrections to deficient applications. 2. Rating and Ranking Awards will be made separately in rank order for Healthy Homes Technical Studies applications, within the limits of funding availability for the program. (a) Partial Funding. In the selection process, HUD reserves the right to offer partial funding to any or all applicants. If you are offered a reduced award amount, you will have a maximum of 14 calendar days to accept such a reduced award. If you fail to respond within the 14-day limit, you shall be considered to have declined the award. (b) Remaining Funds. See the General Section of this NOFA for HUD's procedures if funds remain after all selections have been made within the Healthy Homes Technical Studies Program. C. Anticipated Announcement and Award Dates The anticipated date for the announcement of awards under the Healthy Homes Technical Studies Program is September 30, 2005. VI. Award Administration Information A. Award Notices 1. Notice of Award Applicants who have been selected for award will be notified by letter from the Grant or Cooperative Agreement Officer. The letter will state the program for which the application has been selected, the amount the grantee is eligible to receive, and the name of the Government Technical Representative (GTR). This letter is not an authorization to begin work or incur costs under the award. An executed grant or cooperative agreement is the authorizing document. HUD may require that all the selected applicants participate in negotiations to determine the specific terms of the award budget. In cases where HUD cannot successfully conclude negotiations with a selected applicant or a selected applicant fails to provide HUD with requested information, an award will not be made to that applicant. In this instance, HUD may offer an award, and proceed with negotiations with the next highest-ranking applicant. If you accept the terms and conditions of the award, you must return your signed agreement by the date specified during negotiation. After receiving the letter, additional instructions on how to have the grant or cooperative agreement account entered into HUD's Line of Credit Control System (LOCCS) payment system will be provided. Other forms and program requirements will also be provided. In accordance with OMB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations), grantees will have to submit their completed audit-reporting package along with the Data Collection Form (SF-SAC) to the Single Audit Clearinghouse; the address can be obtained from their Web site. The SF-SAC can be downloaded at http:// harvester.census.gov/sac/. 2. Debriefing The General Section of the SuperNOFA provides the procedures for requesting a debriefing. B. Administrative and National Policy Requirements 1. Program Performance Awardees shall take all reasonable steps to accomplish all HUD- funded activities within the approved period of performance. HUD reserves the right to terminate the grant or cooperative agreement prior to the expiration of the period of performance if the awardee fails to make reasonable progress in implementing the approved program of activities. 2. Conducting Business in Accordance With HUD Core Values and Ethical Standards If awarded assistance under this NOFA, prior to entering into an agreement with HUD, you will be required to submit a copy of your code of conduct and describe the methods you will use to ensure that all officers, employees, and agents of your organization are aware of your code of conduct. See the General Section of the SuperNOFA for information about conducting business in accordance with HUD's core values and ethical standards. 3. Participation in HUD-Sponsored Program Evaluation As a condition of the receipt of financial assistance under this NOFA, you will be required to cooperate with all HUD staff or contractors performing HUD-funded research and evaluation studies pertaining to the subject of the grant or cooperative agreement. 4. Environmental Requirements In accordance with 24 CFR 50.19(b)(1), (b)(3) and (b)(5), activities assisted under this program are categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and are not subject to environmental review under the related laws and authorities. 5. Removal of Barriers to Affordable Housing See the General Section of the SuperNOFA. 6. HUD Reform Act of 1989 The provisions of the HUD Reform Act of 1989 that apply to this NOFA are explained in the General Section of the SuperNOFA. 7. Audit Requirements Any funding recipient that expends $500,000 or more in federal financial assistance in a single year must meet the audit requirements established in 24 CFR parts 84 and 85 in accordance with OMB Circular A-133. 8. Executive Order 13202 Compliance with HUD regulations at 24 CFR 5.108 that implement Executive Order 13202, ``Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally-Funded Construction Projects'', is a condition of receipt of assistance under this NOFA. 9. Procurement of Recovered Materials See the General Section for information concerning this requirement. C. Reporting Post award reporting requirements include the following: 1. Final Budget and Work Plan Final budget and work plans are due 60 days after the start date of the funding award. 2. Quality Assurance Plan (QAP) Successful applicants will be required to submit a Quality Assurance Plan to HUD prior to initiating work under the award. This is a streamlined version of the format used by some other federal agencies, and is intended to help ensure the accuracy and validity of the data that you will collect under the agreement. You should plan for this and include it in your study work plan. (See [[Page 13869]] the HUD Office of Healthy Homes and Lead Hazard Control's Internet site, http://www.hud.gov/offices/lead, for the QAP template). 3. Progress Reporting Progress reporting is done on a quarterly basis. Project benchmarks and milestones will be tracked using a benchmark spreadsheet that uses the benchmarks and milestones identified in the Logic Model form (HUD- 96010) approved and incorporated into your award agreement. For specific reporting requirements, see policy guidance: www.hud.gov/ offices/lead. 4. Racial and Ethnic Beneficiary Data Successful applicants that conduct residential intervention studies (i.e., physical or behavioral interventions) or other research that involves the occupants of homes (e.g., survey research) must submit Form-27061, Racial and Ethnic Data Reporting Form, to HUD on an annual basis. Grantees conducting studies that do not involve people, such as those confined to the laboratory or certain types of environmental sampling, will not be required to submit Form-27061 to HUD. Form HUD- 27061 and instructions for its use are found on www.grants.gov. 5. Final Report The award agreement will specify the requirements for final reporting (e.g., scientific manuscript, final technical report, and final project benchmarks and milestones achieved against the proposed benchmarks and milestones in the Logic Model (HUD-96010) approved and incorporated into your award agreement. VII. Agency Contact(s) For technical help in downloading an application from Grants.gov or submitting via Grants.gov, call the Grants.gov help desk at 800-518- GRANTS. For programmatic questions you may contact Dr. Peter Ashley, Office of Healthy Homes and Lead Hazard Control, at the address above; telephone (202) 755-1785, extension 115 (this is not a toll-free number) or via e-mail at [email protected]. For administrative questions on grants or cooperative agreements, you may contact Ms. Curtissa L. Coleman, Office of Healthy Homes and Lead Hazard Control, at the address above; telephone (202) 755-1785, extension 119 (this is not a toll-free number) or via e-mail at [email protected]. If you are a hearing-or speech-impaired person, you may reach the above telephone numbers by TTY by calling the toll-free Federal Information Relay Service at 800-877-8339. VIII. Other Information A. Other Office of Healthy Homes and Lead Hazard Control Information For additional general, technical, and grant program information pertaining to the Office of Healthy Homes and Lead Hazard Control, visit: http://www.hud.gov/offices/lead. B. Appendices Appendices A through C to this NOFA are available on HUD's Web site at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices [[Page 13871]] [GRAPHIC] [TIFF OMITTED] TN21MR05.129 [[Page 13872]] Lead Technical Studies Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control. B. Funding Opportunity Title: Lead Technical Studies. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Funding Opportunity Number is: FR-4950-N-28. The OMB Paperwork Approval number is: 2539-0015. E. Catalog of Federal Domestic Assistance (CFDA) Number: 14.902, Lead Technical Studies Grant Program. F. Dates: The application submission date is June 8, 2005. See the General Section IV, Application and Submission Information, regarding application submission procedures and timely filing requirements. G. Additional Overview Content Information: a. The funding opportunity is for technical studies to improve methods for detecting and controlling residential lead-based paint health and safety hazards. b. The total amount to be awarded is approximately $3 million, of which $1 million is a set-aside for Historically Black Colleges and Universities (HBCUs). c. The anticipated amounts and/or numbers of individual awards will be approximately 6 to 10 awards, ranging from approximately $200,000 to approximately $750,000. d. The types of instruments awarded will be grants or cooperative agreements, with substantial involvement of the government for cooperative agreements (see Section II.C for a description of substantial involvement). e. Academic, not-for-profit and for-profit institutions located in the U.S., state and local governments, and federally recognized Native American tribes are eligible to apply. HBCUs are also eligible to apply under the set-aside. f. Cost sharing is not required, but is encouraged. g. There are no limitations on the numbers of applications that each applicant may submit, however, HBCUs should not submit the same application under both the set-aside and ``open'' categories, and, h. The applications for this NOFA can be found at http://www.grants.gov. The application is an electronic application. You must register at http://www.grants.gov to be able to submit your application. The General Section contains information submission requirements and procedures. Please carefully review the General Section before reading the program section so that you understand HUD's new electronic application process. Full Text of Announcement I. Funding Opportunity Description Purpose of the Program. The purpose of the Lead Technical Studies program is to improve methods for detecting and controlling residential lead-based paint hazards. A. Program Description 1. General Goals and Objectives The overall goal of the Lead Technical Studies grant program is to gain knowledge to improve the efficacy and cost-effectiveness of methods for evaluation and control of residential lead-based paint hazards. Through the Lead Technical Studies Program, HUD is helping to fulfill the requirements of sections 1051 and 1052 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (``Title X'') (42 U.S.C. 4854 and 4854a) which directs HUD to conduct research on topics which include the development of ``improved methods for evaluating [and] reducing lead-based paint hazards in housing,'' among others. Brief descriptions of active and previously funded lead technical studies projects can be found on HUD's Web site at http://www.hud.gov/ offices/lead/techstudies/index.cfm. Where it is appropriate, as an applicant, you are strongly encouraged to ensure that your proposed study builds upon HUD-sponsored work that has been previously completed, in addition to other relevant research (i.e., that contained in government reports and in the published literature). HUD encourages applicants to consider using the ``community based participatory research'' approach, where applicable, in the design and implementation of lead technical studies (see e.g., http:// www.niehs.nih.gov/translat/cbpr/cbpr.htm). 2. Background HUD has been actively engaged in a number of activities relating to lead-based paint hazard control as a result of the Lead-Based Paint Poisoning Prevention Act of 1971, as amended, 42 U.S.C. 4801-4856. Sections 1051 and 1052 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) (42 U.S.C. 4854 and 4854a) state that the Secretary of HUD, in cooperation with other federal agencies, shall conduct technical studies on specific topics related to the evaluation and mitigation of residential lead hazards. Section 1053 of Title X authorized HUD to spend funds to conduct these studies, under the Lead Hazard Control Grant Program's funding authorization in section 1011(o). The HUD-sponsored technical studies program also responds to recommendations by the Task Force on Lead-Based Paint Hazard Reduction and Financing, which was established pursuant to section 1015 of Title X. (42 U.S.C. 4852a). The Task Force presented its final report to HUD and the Environmental Protection Agency (EPA) in July 1995. The Task Force Report, entitled ``Putting the Pieces Together: Controlling Lead Hazards in the Nation's Housing'' (see Appendix A of this program NOFA, which is available on HUD's Web site at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm), recommended that research be conducted on a number of key topics to address significant gaps in our knowledge of lead exposure and hazard control. The findings of technical studies will be used in part to update HUD's Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (Guidelines), which were published in June 1995 and partly amended in September 1997 (Chapter 7, Lead-Based Paint Inspection). For availability of the Guidelines, see ``Guidelines'' in Appendix A. B. Eligible Activities HUD is especially interested in the following lead technical studies topics: 1. Development of alternative or improved cleaning methods. Current methods for cleaning lead-contaminated dust from hard surfaces consist of a combination of HEPA vacuuming and wet cleaning. Research sponsored by both the U.S. EPA and HUD has shown that trisodium phosphate (TSP) is not more effective than other detergents in cleaning lead contaminated dust (USEPA 1998, Rich et al. 2002). Additional HUD- sponsored research showed that use of household vacuums without HEPA filtration for cleaning as an interim control measure (i.e., not following lead abatement or other interim control activities) did not produce detectable airborne lead emissions (Public Health Institute/ California Dept. of Health Services, unpublished data), and actually performed better than the HEPA vacuum that was tested in cleaning lead- contaminated dust from smooth surfaces. The same study also found that wet washing was considerably more [[Page 13873]] effective than vacuuming in removing dust-lead from smooth floors. There are other cleaning techniques that might be effective in cleaning hard surfaces, but which have not been studied. The other cleaning techniques include the use of disposable cloths or towelettes (either used directly or at the end of a wand) or dry cleaning methods using disposable wipes that collect dust electrostatically. Important considerations include both efficacy in the removal of lead- contaminated dust and cost. Additional ideas would be welcome, along with a clear description of approaches to evaluate the effectiveness of the cleaning techniques. 2. Reducing exterior soil and dust-lead hazards. Studies have shown that lead in exterior dust and soil can be an important source of lead exposure to young children, both through direct contact and indirectly when tracked or blown into the home. HUD has funded several studies that have assessed approaches to reducing the risk posed by this large environmental lead reservoir. Examples of these studies have focused on the following topics: Reducing the bioavailability (as determined using in vitro testing) of lead in soil through the addition of composted biosolids; reducing soil hazards in urban yards through targeted landscaping (e.g., raised beds, improving ground cover); reducing exterior dust-lead levels through exterior building treatments and street and sidewalk cleaning; and, reducing surface soil-lead hazards by overlaying clean soil with grass cover. Additional study is needed to assess the long-term effectiveness of interim controls to reduce soil and exterior dust-lead hazards. Research is also needed to develop interim controls and strategies for exterior dust and soil that are reasonable in cost, feasible to implement, and which do not require frequent maintenance to maintain their effectiveness. 3. Potential exposure and contamination from floor sanding of lead- containing floor varnish. A HUD-funded pilot study by the Wisconsin Division of Public Health, ``Potential Lead Exposures from Sanding Floors Containing Leaded Varnish,'' found that although no floor varnish was identified as lead-based paint using X-ray fluorescence (XRF), 52% of varnish samples exceeded the definition of lead-based paint based on laboratory analysis. Also, more than 70% of the settled dust samples (not dust wipe samples) exceeded the floor dust clearance level of 40 [mu]g/ft2 after floor sanding. Use of low-cost dust controls significantly reduced the amount of lead-contaminated dust on the floors. Hand-scraping of varnished stairs was also shown to be a high risk operation for occupational (personal) lead exposure. HUD is interested in expanding this study to include a larger number of homes and floor refinishing contractors, and to include additional regions of the country. HUD is also interested in the ease of achieving clearance (using dust wipes) after floor sanding of varnishes that contain lead followed by cleaning, and in the development of procedures for minimizing the spread of lead- contaminated dust during sanding (i.e., considering the large amount of dust produced during sanding). 4. Approaches to streamlining performance of interim controls, abatement, and clearance in multi-family housing where repeat operations occur. The performance of abatement or interim control of lead-based paint hazards in multi-family housing may result in repetitive operations (for example repetitive treatments in common areas such as hallways and stairwells) that hinder the movement, access, and exit of residents. For some of these areas, such as a hallway on each floor, or a stairwell or entranceways to buildings, repetitive operations such as interim controls may require relocation of residents until work can be completed, clean-up accomplished, and clearance attained. There may be ways to show, with statistical significance, and through the use of existing or newly collected data that repeat operations may be defined with sufficient specificity to allow accelerated clean-up and clearance. HUD is interested in studies to determine whether repeat operations in multi-family housing can be sufficiently safe to allow return of residents to their units based on considered professional judgment and data collected from similar operations. This approach may be analogous to the approach taken to prove a negative exposure assessment for OSHA exposure determinations. 5. Effectiveness of Ongoing Maintenance Program Activities in Controlling Lead-Based Paint Hazards. While a variety of lead abatement and interim control techniques have been evaluated for their effectiveness in controlling lead-based paint hazards, there are few studies directly assessing the effectiveness of ongoing lead-based paint maintenance programs. HUD is interested in evaluating the effectiveness and feasibility of ongoing lead-based paint maintenance programs, identifying program components for which particular implementation difficulties exist, and evaluating proposed measures for overcoming those difficulties. Such an evaluation of program components could address whether and how technically-acceptable and cost-effective work practices are selected and implemented, how effectively supervisors monitor work activities to ensure that lead-based paint hazards are controlled and that dust and debris are contained and cleaned up during and after work, and how well clearance procedures (including necessary re-cleaning) are integrated into the maintenance program, among other factors. 6. Use of Available Databases to Evaluate the Efficacy of Lead Hazard Control Activities. Public databases can be used to help target and assess the effectiveness of lead hazard control activities. Examples of this include the use of census data to identify neighborhoods that are at high risk for lead poisoning (e.g., age and value of housing used in combination with indicators of socioeconomic status) and the use of blood-lead screening data to target dwellings that have been associated with repeated identification of resident children with elevated blood- lead levels. Geographic Information Systems (GIS) have also been successfully used as a tool to help target high risk housing. At a broader level, serial blood-lead screening data could be used to assess the effectiveness of lead hazard control activities or laws that require lead hazard control treatments in high risk housing (e.g., by comparing community screening results before and after laws were enacted while accounting for the overall downward trend in blood lead levels). HUD is interested in studies that assess effective and creative uses of public databases to improve the efficacy of lead hazard control programs (e.g., targeting neighborhoods), assess the effectiveness of enforcement and lead hazard control activities and regulations, and other uses of these data that further the goal of improving methods for the identification and control of residential lead-based paint hazards. 7. Other Focus Areas that are Consistent with the Overall Goals of HUD's Lead Technical Studies Program. Additional ideas will be considered with an open mind if proposed with novel techniques and applications. HUD will also consider funding applications for technical studies on topics which are relevant under the overall goals and objectives of the lead technical studies program, as described above. In such instances, the applicant should describe how the proposed activity addresses these overall goals and objectives. [[Page 13874]] C. Authority These grants are authorized under sections 1011(g)(1), 1011(o), 1051-1053 of the Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992, 42 U.S.C. 4851 et seq.); and the Consolidated Appropriations Act, 2005, (Pub. L. 108-477; approved December 8, 2004). II. Award Information A. Funding Available Approximately $3 million in Fiscal Year 2005 funds is available for Lead Technical Studies. Of this amount, $1 million is set-aside for Historically Black Colleges and Universities (HBCUs). Cooperative agreements and/or grants will be awarded on a competitive basis following evaluation of all proposals according to the rating factors described in at Section V.A.3. HUD anticipates that approximately six to ten awards will be made, ranging from approximately $200,000 to approximately $750,000 each. In FY 2004, HUD awarded 4 grants averaging approximately $430,000. Applications for additional work related to existing HUD-funded technical studies (i.e., for work outside of the scope of the original agreement) are eligible to compete with applications for new awards. These applications will be evaluated in the same manner as new applicants. B. Anticipated Start Date and Period of Performance for New Grants The start date for new awards is expected to be October 1, 2005. The period of performance cannot exceed 36 months from the time of award. The proposed performance period should include adequate time for project components such as the Institutional Review Board process, the recruitment of study participants, and the development of new instrumentation or methods (e.g., analytical methods), all of which have been found to delay projects in the past. Period of performance extensions for delays due to exceptional conditions beyond the grantee's control will be considered for approval by HUD in accordance with 24 CFR 85.25 and the OHHLHC Program Guide. If approved, grantees will be eligible to receive a single extension of up to 12 months in length. Applicants are encouraged to plan studies with shorter performance periods than 36 months; when developing your schedule, however, you should consider the possibility that issues may arise that could cause delays . C. Type of Award Instrument Awards in response to this NOFA will be made as grants or cooperative agreements. Anticipated substantial involvement for cooperative agreements may include, but will not be limited to: 1. Review and possibly suggest amendments to the study design, including: study objectives; field sampling plan; data collection; sample handling and preparation; and sample and data analysis. 2. Review and provide technical recommendations in response to quarterly progress reports (e.g., amendments to study design based on preliminary results). 3. Review and provide technical recommendations on the final study report. III. Eligibility Information A. Eligible Applicants Academic and not-for-profit institutions located in the U.S., state and local governments, and federally recognized Native American tribes are eligible under all existing authorizations. For-profit firms also are eligible; however, they are not allowed to earn a fee (i.e., no profit can be made from the project). HBCUs, that is, educational institutions that satisfy the requirements of 34 CFR 608.2, are also eligible to apply under the set-aside. Applications for supplementation of existing projects are eligible to compete with applications for new awards. Federal agencies and federal employees are not eligible to submit applications. The General Section identifies threshold requirements that must be met for an organization to receive an award. B. Cost Sharing or Matching Cost sharing or matching is not required. In rating your application, however, you will receive a higher score under Rating Factor 4 if you provide evidence of significant cost sharing. C. Other 1. Threshold Requirements Applicable to All Applicants Under the SuperNOFA As an applicant, you must meet all of the threshold requirements described in the General Section. Threshold requirements include Eligibility, Compliance with Fair Housing and Civil Rights Laws, Conducting Business in Accordance with Core Values and Ethical Standards, Delinquent Federal Debts and Pre-Award Accounting System Surveys. Applicants that meet all of the threshold requirements will be eligible to receive funds from HUD. 2. Program Requirements a. Program Performance. Grantees shall take all reasonable steps to accomplish all activities within the approved period of performance. HUD reserves the right to terminate the grant prior to the expiration of the period of performance if the grantee fails to make reasonable progress in implementing the approved program of activities or fails to comply with the terms of the grant agreement. b. You must comply with all relevant federal and state regulations regarding exposure to and proper disposal of hazardous materials; c. Any blood lead testing, blood lead level test results, and medical referral and follow-up for children under six years of age will be conducted according to the recommendations of the Centers for Disease Control and Prevention (CDC), Preventing Lead Poisoning in Young Children (see Appendix A of this NOFA, available at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm); d. HUD technical studies grant funds will not replace existing resources dedicated to any ongoing project; e. Laboratory analysis covered by the National Lead Laboratory Accreditation Program (NLLAP) will be conducted by a laboratory recognized under the program; f. Human research subjects will be protected from research risks in conformance with Federal Policy for the Protection of Human Subjects, required by HUD at 24 CFR 60.101; g. The requirements of the Occupational Safety and Health Administration (OSHA) (e.g., 29 CFR part 1910 and/or 1926, as applicable) or the state or local occupational safety and health regulations, whichever are most stringent, will be met; h. If an individual researcher or a research team submits the application, the institution administering the grant must meet the civil rights threshold in the General Section. i. Privacy and Disclosure. All test results in pre-1978 housing related to lead-based paint or lead-based paint hazards must be provided to the owner of the unit, together with a statement describing the owner's legal duty to disclose the results to tenants (before initial leasing, or before lease renewal with changes) and buyers (before sale) if the housing was constructed before 1978 (24 CFR part 35, subpart A). This information provided to owners may only be used for purposes of remediation of lead-based paint and other hazards in the unit. Disclosure of other identified housing-related health [[Page 13875]] or safety hazards to the owner of the unit, for purposes of remediation, is encouraged but not required. Submission of any information on the properties to databases (whether Web site, computer, paper, or other format) of addresses of identified, treated or cleared housing units is subject to the protections of the Privacy Act of 1974, and shall not include any personal information that could identify any child affected. 3. DUNS Requirement. Refer to the General Section for information regarding the DUNS requirement. A DUNS number must be provided for the institution that is submitting an application. IV. Application and Submission Information If you are interested in applying for funding under this program, please review carefully the General Section and the following additional information. A. Addresses To Request Application Package There is no Application Kit. All the information required to submit an application is contained in the program section of this NOFA and the General Section. Applications can be downloaded from the Web at: http://www.grants.gov. If you have difficulty accessing the information you may call the Grants.gov helpline toll-free at (800) 518-GRANTS or e- mailing [email protected]. Helpline customer representatives will assist you in accessing the information. B. Content and Form of Application Submission 1. Applicant Data. Your application must contain the items listed in this section. These items include the standard forms listed in the General Section that are applicable to this funding announcement (collectively referred to as the ``standard forms''). The required items are: a. Application Abstract. An abstract with the project title, the names and affiliations of all investigators, and a summary of the objectives, expected results, and study design (two-page maximum) must be included in the proposal. Applicants applying under the HBCU set- aside should indicate this by inserting ``(HBCU Set-aside)'' under the project title. b. All forms as required by the General Section. A Certification of Consistency with the Consolidated Plan is not required for this application. c. Applications that are submitted for funding under the HBCU set- aside should indicate this in box 11 (Descriptive Title of Applicant's Project) of form SF-424 (Application for Federal Assistance) by inserting ``HBCU Set-aside'' in parentheses under the project title. d. A project description/narrative statement addressing the rating factors for award for this NOFA. The narrative statement must be identified in accordance with each factor for award (Rating Factors 1 through 5). Number the pages of your narrative statement and include a header and a footer that provides the name of the applicant and the name of the HUD program to which you are applying. The project description must be included in the responses to the rating factors. The response to the rating factors should not exceed a total of 25 pages, single-sided, (10- to 12-point font with at least \3/4\ inch margins on 8\1/2\'' by 11'' pages) for each technical study topic area. Any pages in excess of this limit will not be read. The rating for each rating factor will be based on the portion of your narrative statement that you submit in response to that particular factor, supplemented by any appendices that are referenced in your response. Supporting materials that are not referenced or discussed in your responses to the individual rating factors will not be rated. Additional materials (e.g., appendices) must be submitted with your application according the directions in the General Section. e. You should provide evidence of leveraging/partnerships by submitting the following with your application: letters of firm commitment; memoranda of understanding; or agreements to participate by those entities identified as partners in the project efforts. Each letter of commitment, memorandum of understanding, or agreement to participate must include the organization's name, proposed level of commitment (with monetary value) and responsibilities as they relate to specific activities or tasks of your proposed program. The commitment must also be signed by an official of the organization legally able to make commitments on behalf of the organization. f. In conformance with the Common Rule (Federal Policy for the Protection of Human Subjects, codified by HUD at 24 CFR part 60.101), if your research involves human subjects, your organization must provide an assurance (e.g., a letter signed by an appropriate official) that the research has been reviewed and approved by an Institutional Review Board (IRB) before you can initiate activities that require IRB approval. Before initiating such activities you must also provide the number for your organization's assurance (i.e., an ``institutional assurance'') that has been approved by the Department of Health and Human Service's Office of Human Research Protections (OHRP). For additional information on what constitutes human subject research or how to obtain an institutional assurance see the OHRP web site at http://ohrp. osophs.dhhs.gov/. g. With your application submission, include the resumes of the principal investigator and other key personnel and other materials that are needed in your response to the rating factors (e.g., organizational chart, letters of commitment). Resumes shall not exceed three pages each, and are limited to information that is relevant in assessing the qualifications of key personnel to conduct and/or manage the proposed technical studies. This information will not be counted towards the page limit. h. Submit other relevant information provided in support of your application following the directions in the General Section. These additional optional materials must not exceed 20 pages. Any pages in excess of this limit will not be read. i. Include a detailed total budget with supporting cost justification for all budget categories of the federal grant request. Use the budget format discussed in Rating Factor 3, Section V.A.3.c, below. In completing the budget forms and justification, you should address the following elements: (1) Direct Labor costs should include all full- and part-time staff required for the planning and implementation phases of the project. These costs should be based on full time equivalent (FTE) or hours per year (hours/year) (i.e., one FTE equals 2,080 hours/year); (2) You should budget for three trips to HUD Headquarters in Washington, DC, planning each trip for two people, with the first trip occurring shortly after grant award for a stay of two or three days, depending on your location, and the remaining trips having a stay of one or two days, depending on your location; (3) A separate budget proposal should be provided for any subrecipients receiving more than 10 percent of the total federal budget request; (4) You should be prepared to provide supporting documentation for salaries and prices of materials and equipment upon request; (5) Organizations that have a federally negotiated indirect cost rate should use that rate and the appropriate base. Other organizations, not having a federally negotiated rate schedule, must obtain a [[Page 13876]] rate from their cognizant federal agency, otherwise the organization will be required to obtain a negotiated rate through HUD; and (6) You should submit the negotiated rate agreements for fringe benefits and indirect costs, if applicable, as an attachment to the budget sheets. j. Applicants are encouraged to use the following checklist to ensure that all required materials have been prepared and submitted. You are not required to submit this checklist with your application. Checklist for Lead Technical Studies Program Applicants Item Applicant Abstract (limited to a 2-pages) Rating Factor Responses (Total Narrative Response Limited to 25 Pages) 1. Capacity of the Applicant and Relevant Organizational Experience 2. Need/Extent of the Problem 3. Soundness of Approach 4. Leveraging Resources 5. Achieving Results and Program Evaluation Required Materials in Response to Rating Factors (Does Not Count Towards 25-Page Limit) --Resumes of Key Personnel (limited to 3 pages per resume) --Organizational Chart --Letters of Commitment (if applicable) --Form HUD-96010 Logic Model Form Optional Material in Support of the Rating Factors (20 page limit) Required Forms and Budget Material --Form SF 424 (Application for Federal Assistance) --Form HUD-424-CB Grant Application Detailed Budget --Form HUD-CBW (Budget Worksheet) --Form SF 424 Supplement (Survey on Ensuring Equal Opportunity for Applicants) (to be completed by private nonprofit organizations only) --Form SF LLL (Disclosure of Lobbying Activities) --Form HUD 2880 (Applicant/Recipient Disclosure/Update Report) --Form 2990 Certification of Consistency with the RC/EZ/EC-II Strategic Plan (required only for applicants who are seeking these bonus points) --Form HUD 2994 Client Comments and Suggestions (Optional) --Facsimile Transmittal (for electronic applications)--Form HUD-96011 C. Submission Dates and Times Electronic applications must be submitted and received by Grants.gov on or before June 8, 2005. All narrative files and any scanned documents must be submitted as a zip file, single attachment to the electronic application. Refer to the General Section for specific application submission instructions including acceptable submission dates, times, methods, acceptable proof of application submission and receipt procedures, and other information regarding application submission. Materials associated to your electronic application submitted by facsimile transmission must also be received by 11:59:59 p.m. Eastern time on the application submission date. Make sure you see the General Section for how to submit third party letters and other documents as part of your electronic submission utilizing form HUD- 96011, Facsimile Transmittal. Applicants receiving a waiver to the electronic submission process must submit the required number of copies of the application by the application submission date to the identified address in Appendix C of the General Section. D. Intergovernmental Review Funding received through this NOFA is not subject to Executive Order (EO) 12372, ``Intergovernmental Review of Federal Programs.'' E. Funding Restrictions 1. Administrative Costs. There is a 10 percent maximum allowance for administrative costs. Additional information about allowable administrative costs is provided in Appendix B of this NOFA, which is available at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm. 2. Purchase of Real Property is not an allowable cost under this program. 3. Purchase or lease of equipment having a per unit cost in excess of $5,000 is not an allowable cost, unless prior written approval is obtained from HUD. 4. Medical treatment costs are not allowable under this program . 5. For profit institutions are not allowed to earn a fee. 6. You must comply with the Coastal Barrier Resources Act (16 U.S.C. 3501). 7. You may not conduct construction, reconstruction or lead based paint hazard control activities that fall below the threshold of building repair or improvement, as defined in Section 3(a)(4) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128), of a building or mobile home which is located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards unless: (1) The community in which the area is situated is participating in the National Flood Insurance Program in accordance with the applicable regulations (44 CFR parts 59-79), or less than a year has passed since FEMA notification regarding these hazards; and (2) Where the community is participating in the National Flood Insurance Program, flood insurance on the property is obtained in accordance with section 102(a) of the Flood Disaster Protection Act (42 U.S.C. 4012a(a)). You are responsible for assuring that flood insurance is obtained and maintained for the appropriate amount and term. F. Other Submission Requirements See the General Section for specific procedures concerning the form of application submission. V. Application Review Information A. Criteria 1. Threshold Requirements. Applications that meet all of the threshold requirements will be eligible to be scored and ranked, based on the total number of points allocated for each of the rating factors described in Section V.A.3 of this program NOFA. Your application must receive a total score of at least 75 points to remain in consideration for funding. 2. Rating and Ranking. Applications will be reviewed by an Application Review Panel (ARP) which will assign each application a score based on the rating factors presented below. The ARP chairperson selects and provides at least one application to panel members to score during a calibration round to ensure that all panel members are consistent in their application of the rating factors. When the calibration round is completed, each application is reviewed and scored by at least two panel members. If significant scoring discrepancies are identified among the reviewers of an application, the reviewers discuss their differences and are then given an opportunity to rescore the application among themselves and, if needed, with the full ARP. An average score is then computed for each application. The ARP chair may call upon an advisor (generally a scientist with another federal agency) to the ARP to review and comment on a proposal; however, the advisor does not score the application. At a final meeting, the ARP identifies the top-ranking applications to be recommended for funding. 3. Award Factors. The factors for rating and ranking applicants, and maximum points for each factor, are provided below. Each factor is weighted [[Page 13877]] as indicated by the number of points that are attainable for it. The maximum score that can be assigned to an application is 102 points. Applicants should be certain that these factors are adequately addressed in the project description and accompanying materials. The five rating factors are listed below (a more detailed description follows). Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (22 points). Rating Factor 2: Need/Extent of the Problem (15 points). Rating Factor 3: Soundness of Approach (45 points). Rating Factor 4: Leveraging Resources (8 points). Rating Factor 5: Achieving Results and Program Evaluation (10 points). RC/EZ/EC-II Bonus Points (2 points). Total: 102 points. Applicants are eligible to receive up to two bonus points for projects located within federally designated Renewable Communities (RCs), Empowerment Zones (EZs), or Enterprise Communities (ECs) designated by USDA in round II (EC-IIs) (collectively referred to as RC/EZ/EC-IIs), and which will serve the residents of these communities (see the General Section). In order to be eligible for these bonus points, applicants must submit a completed HUD form 2990. You will receive one point under Rating Factor 3(2) for each of the applicable FY 2005 policy priorities that are found in the General Section and applicable to the Lead Technical Studies NOFA that are adequately addressed in your application, with the exception of ``Removal of Barriers to Affordable Housing,'' for which you can receive up to two points (see the General Section). Policy priorities that are applicable to the Lead Technical Studies Program NOFA are: (1) Improving our Nation's Communities (focus on distressed communities); (2) Providing Full and Equal Access to Grass-Roots Faith-based and other Community-based Organizations in HUD Program Implementation; (3) Participation of Minority-Serving Institutions in HUD Programs, and (4) Removal of Barriers to Affordable Housing. You may address more than one of the technical study topic areas within your proposal or submit separate applications for different topic areas. The following is a description of the five award factors and their associated subfactors. a. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (22 Points). This factor addresses the extent to which you have the ability and organizational resources necessary to successfully implement your proposed activities in a timely manner. The rating of you, the ``applicant,'' will include any sub-grantees, consultants, sub-recipients, and members of consortia that are firmly committed to the project (generally, ``subordinate organizations''). In rating this factor, HUD will consider the extent to which your application demonstrates: (1) The capability and qualifications of the principal investigator and key personnel (14 points). HUD will assess your qualifications to carry out the proposed study as evidenced by academic background, relevant publications, and recent (within the past 10 years) relevant research experience. Publications and research experience are considered relevant if they required the acquisition and use of knowledge and skills that can be applied in the planning and execution of the technical study that is proposed under this NOFA; and (2) Past performance of the study team in managing similar projects (8 points). Demonstrated ability to successfully manage various aspects of a complex technical study in such areas as logistics, study personnel management, data management, quality control, community study involvement (if applicable), and report writing, as well as overall success in project completion (i.e., projects completed on time and within budget). You should also demonstrate that your project would have adequate administrative support, including clerical and specialized support in areas such as accounting and equipment maintenance. If applicable, provide the past performance of the organization (applicant or partners) in another Healthy Homes or Lead Hazard Control grant, another grant related to environmental health and safety issues, or other experience in a similar program. Provide details about the nature of the project, the funding agency, and your performance. If your organization is an existing Lead Technical Studies grantee, provide a description of the progress and outcomes achieved in that grant. If you received previous Lead Technical Studies funding, this experience will be evaluated in terms of cumulative progress and achievements under the previous grant. b. Rating Factor 2: Need/Extent of the Problem (15 Points). This factor addresses the extent to which there is a need for your proposed technical study. In responding to this factor, you should document in detail how your project would make a significant contribution towards achieving some or all of HUD's stated goals and objectives for one or more of the topic areas described in Section I.B. You should demonstrate how your proposed study addresses a need with respect to the development of improved methods for the assessment and control of residential lead-based paint hazards. Specific topics to be addressed for this factor include: (1) Provide a concise review of the research need that is addressed in your study and why it is high priority with respect to improving methods for lead hazard detection and control; (2) Discuss how your proposed project would significantly advance the current state of knowledge for your focus area, especially with respect to the development of practical solutions; and, (3) Discuss how you anticipate your study findings will be used to improve current methods for assessing or mitigating the lead hazard that your study addresses. Indicate why the method/protocol that would be improved through your study would likely be widely adopted (e.g., low cost, easily replicated, lack of other options). c. Rating Factor 3: Soundness of Approach (45 Points). This factor addresses the quality of your proposed technical study plan. Specific components include: (1) Soundness of the study design (20 points). The project description/study design must be thorough and feasible, and reflect your knowledge of the relevant scientific literature. You should clearly describe how your study builds upon the current state of knowledge for your focus area. If possible, your study should be designed to address testable hypotheses that are clearly stated. Your study design should be statistically based with adequate power to test your stated hypotheses. The study design should be presented as a logical sequence of steps or phases with individual tasks described for each phase. You should identify any important ``decision points'' in your study plan and you should discuss plans for data management, analysis and archiving. It is HUD's experience that studies can be subjected to considerable delay because of delays in the IRB approval process or because of unexpected difficulties with recruiting study participants. If applicable, describe actions that you will take to minimize the possibility that your study would experience delays in these areas (e.g., understanding likely IRB requirements in advance, planning on additional avenues for recruitment). [[Page 13878]] (2) Policy Priorities (5 points). Indicate if your proposed study will address any of the FY 2005 policy priorities that are applicable to this program as identified in Section V.A.3 (see the General Section for additional details regarding these policy priorities). You will receive one point for each of the applicable policy priorities that are addressed in your application, with the exception of ``Removal Of Barriers to Affordable Housing,'' for which you can receive a maximum of 2 points. (3) Quality assurance mechanisms (8 points). You must describe the quality assurance mechanisms that will be integrated into your project design to ensure the validity and quality of the results. (a) Areas to be addressed include acceptance criteria for data quality, procedures for selection of samples/sample sites, sample handling, measurement and analysis, pre-testing and validation of questionnaires or surveys, measures to ensure accuracy during data management, and any standard/nonstandard quality assurance/control procedures to be followed. Documents (e.g., government reports, peer- reviewed academic literature) that provide the basis for your quality assurance mechanisms should be cited. (b) If your project involves human subjects in a manner which requires IRB approval and periodic monitoring, address how you will obtain such approval. Before you can receive funds from HUD for activities that require IRB approval, you must provide an assurance that your study has been reviewed and approved by an IRB and evidence of your organization's ``institutional assurance.'' Describe how you will provide informed consent (e.g., from the subjects, their parents or their guardians, as applicable) to help ensure their understanding of, and consent to, the elements of informed consent, such as the purposes, benefits and risks of the research. Describe how this information will be provided and how the consent will be collected. For example, describe your use of ``plain language'' forms, flyers and verbal scripts, and how you plan to work with families with limited English proficiency or primary languages other than English, and with families including persons with disabilities. (4) Project management plan (8 points). The proposal should include a management plan that provides a schedule for the completion of major tasks, with associated benchmarks and major study milestones, and major deliverables, with an indication that there will be adequate resources (e.g., personnel, financial) to successfully meet the proposed schedule. The major tasks and benchmarks/deliverables identified in the management plan should be consistent with those identified in the Logic Model (see description under Rating Factor 5). You should include preparation of one or more articles for peer-reviewed academic journals and submission of the draft(s) to the journal(s) after HUD acceptance during the period of performance of your grant. (5) Budget Proposal (4 points). (a) Your budget proposal should thoroughly estimate all applicable direct and indirect costs, and be presented in a clear and coherent format in accordance with the requirements listed in the General Section. HUD is not required to approve or fund all proposed activities. You must thoroughly document and justify all budget categories and costs (Form HUD-424-CBW) and all major tasks, for yourself, sub-recipients, major subcontractors, joint venture participants, or others contributing resources to the project. A separate budget must be provided for partners who are proposed to receive more than 10 percent of the federal budget request. (b) Your narrative justification associated with these budgeted costs should be submitted as part of the Total Budget (Federal Share and Matching), but is not included in the 25-page limit for this submission. (c) The application will not be rated on the proposed cost; however, cost will be considered in addition to the rated factors to determine the proposal most advantageous to the Federal Government. Cost will be the deciding factor when proposals ranked under the listed factors are considered acceptable and are substantially equal. d. Rating Factor 4: Leveraging Resources (8 Points) Your proposal should demonstrate that the effectiveness of HUD's Lead Technical Studies grant funds is being increased by securing other public and/or private resources or by structuring the project in a cost-effective manner, such as integrating the project into an existing study. Resources may include funding or in-kind contributions (such as services, facilities or equipment) allocated to the purpose(s) of your project. Staff and in-kind contributions should be assigned a monetary value. You should provide evidence of leveraging/partnerships by submitting the following: letters of firm commitment; memoranda of understanding; or agreements to participate from those entities identified as partners in the project efforts. Each letter of commitment, memorandum of understanding, or agreement to participate must include the organization's name, proposed level of commitment (with monetary value) and responsibilities as they relate to specific activities or tasks of your proposed program. The commitment must also be signed by an official of the organization legally able to make commitments on behalf of the organization. e. Rating Factor 5: Achieving Results and Program Evaluation (10 Points). This factor emphasizes HUD's commitment to ensuring that applicants keep promises made in their applications and assess their performance to ensure performance goals are met. Achieving results means you, the applicant, have clearly identified the benefits or outcomes of your program. Outcomes are ultimate goals. Benchmarks or outputs are interim activities or products that lead to the ultimate achievement of your goals. Program evaluation requires that you, the applicant, identify program outcomes, interim products or benchmarks, and performance indicators that will allow you to measure your performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Your evaluation plan should identify what you are going to measure, how you are going to measure it, and the steps you have in place to make adjustments to your work plan if performance targets are not met within established timeframes. This rating factor reflects HUD's goal to embrace high standards of ethics, management and accountability. In evaluating this factor, HUD will consider how you have described outcome measures and benefits of your program. In your response to this Rating Factor you are to discuss the performance goals for your project and identify specific outcome measures. You are also to describe how the outcome information will be obtained, documented, and reported. You must complete and return the Logic Model Form included in the General Section showing your proposed project long-term, mid-term, short-term and final results. Information about developing a Logic Model is available at http://www.hud.gov. Also, in responding to this factor, you should: (1) Identify benchmarks that you will use to track the progress of your study; (2) Identify important study milestones (e.g., the end of specific phases in a multiphased study), which [[Page 13879]] should also be clearly indicated in your study timeline; (3) Identify milestones that are critical for achieving study objectives (e.g., recruitment of study participants, developing a new analytical protocol), potential obstacles in meeting these objectives, and how you would respond to these obstacles; (4) Identify how your program will be held accountable for meeting program goals, objectives, and the actions undertaken in implementing the grant program. B. Review and Selection Process 1. Corrections To Deficient Applications. The General Section provides the procedures for correcting deficient applications. 2. Rating and Ranking. Awards will be made in rank order for Lead Technical Studies applications, within the limits of funding availability for the program. (a) Partial Funding. In the selection process, HUD reserves the right to offer partial funding to any or all applicants. If you are offered a reduced grant amount, you will have a maximum of 14 calendar days to accept such a reduced award. If you fail to respond within the 14-day limit, you shall be considered to have declined the award. (b) Remaining Funds. See the General Section for HUD's procedures if funds remain after all selections have been made within a category of the Lead Technical Studies Program. C. Anticipated Announcement and Award Dates The anticipated date for the announcement of awards under the Lead Technical Studies Program is September 30, 2005. VI. Award Administration Information A. Award Notices 1. Notice of Award Applicants who have been selected for award will be notified by letter from the Grant Officer. The letter will state the program for which the application has been selected, the amount the applicant is eligible to receive, and the name of the Government Technical Representative (GTR). HUD may require that all the selected applicants participate in negotiations to determine the specific terms of the grant agreement and budget. In cases where HUD cannot successfully conclude negotiations with a selected applicant or a selected applicant fails to provide HUD with requested information, an award will not be made to that applicant. In this instance, HUD may offer an award, and proceed with negotiations with the next highest-ranking applicant. If you accept the terms and conditions of the grant, you must return your signed grant agreement by the date specified during negotiation. After receiving the letter, additional instructions on how to have the grant account entered into HUD's Line of Credit Control System (LOCCS) payment system will be provided. Other forms and program requirements will also be provided. In accordance with OMB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations), grantees expending $500,000 in Federal funds within a program or fiscal year must submit their completed audit-reporting package along with the Data Collection Form (SF-SAC) to the Single Audit Clearinghouse, the address can be obtained from their web site. The SF-SAC can be downloaded at http:// harvester.census.gov/sac/. 2. Debriefing The General Section provides the procedures that applicants should follow for requesting a debriefing. B. Administrative and National Policy Requirements 1. Environmental Requirements In accordance with 24 CFR 50.19(b)(1), (b)(3) and (b)(5), activities assisted under this program are categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and are not subject to environmental review under the related laws and authorities. 2. Conducting Business in Accordance with HUD Core Values and Ethical Standards If awarded assistance under this NOFA, prior to entering into a grant agreement with HUD, you will be required to submit a copy of your code of conduct and describe the methods you will use to ensure that all officers, employees, and agents of your organization are aware of your code of conduct. See the General Section for information about conducting business in accordance with HUD's core values and ethical standards. 3. Participation in HUD-Sponsored Program Evaluation See the General Section. 4. Removal of Barriers to Affordable Housing See the General Section. 5. HUD Reform Act of 1989 The provisions of the HUD Reform Act of 1989 that apply to this NOFA are explained in the General Section. 6. Audit Requirements Any grant recipient that expends $500,000 or more in federal financial assistance in a single year must meet the audit requirements established in 24 CFR parts 84 and 85 in accordance with OMB Circular A-133. 7. Procurement of Recovered Materials See the General Section for information concerning this requirement. C. Reporting 1. Post Award Reporting Requirements Final budget and work plans are due 60 days after the start date. 2. Quality Assurance Plan (QAP) Successful applicants will be required to submit a Quality Assurance Plan to HUD prior to initiating work under the grant. This is a streamlined version of the format used by some other Federal agencies, and is intended to help ensure the accuracy and validity of the data that you will collect under the grant. You should plan for this and include it in your study work plan. (See the HUD Office of Healthy Homes and Lead Hazard Control's Internet site, http://http:// www.hud.gov/offices/lead, for the QAP template for this program.) 3. Progress Reporting Progress reporting is required on a quarterly basis. Project benchmarks and milestones will be tracked using a benchmark spreadsheet that uses the benchmarks and milestones identified in the Logic Model form (HUD-96010). For specific reporting requirements, see policy guidance at: http://www.hud.gov/offices/lead. 4. Racial and Ethnic Beneficiary Data HUD does not require grantees to collect racial and ethnic beneficiary data for this program. If, however, racial and ethnic data are collected and reported as part of a study funded under this program NOFA, you must use the Office of Management and Budget's Standards for the Collection of Racial and Ethnic Data as presented on Form HUD- 27061, Racial and Ethnic Data Reporting Form (and instructions for its use), found on http://www.grants.gov. 5. Final Report The grant agreement will specify the requirements for final reporting (e.g., scientific manuscript, report). [[Page 13880]] VII. Agency Contact(s) For technical help in downloading an application from Grants.gov or submitting via Grants.gov, call the Grants.gov help desk at 800-518- GRANTS. For programmatic questions, you may contact Dr. Peter Ashley, Office of Healthy Homes and Lead Hazard Control, at (202) 755-1785, extension 115 (this is not a toll-free number) or via e-mail at Peter-- [email protected]. For grants administrative questions, you may contact Ms. Curtissa L. Coleman, Office of Healthy Homes and Lead Hazard Control, at the address above; telephone (202) 755-1785, extension 119 (this is not a toll-free number) or via e-mail at [email protected]. If you are a hearing- or speech-impaired person, you may reach the above telephone numbers through TTY by calling the toll-free Federal Information Relay Service at 1-800-877- 8339. VIII. Other Information A. Other Office of Healthy Homes and Lead Hazard Control Information For additional general, technical, and grant program information pertaining to the Office of Healthy Homes and Lead Hazard Control, visit: http://www.hud.gov/offices/lead. B. Appendices Appendices A and B to this NOFA are available from HUD's Web site at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm. [[Page 13881]] [GRAPHIC] [TIFF OMITTED] TN21MR05.130 [[Page 13882]] Lead Outreach Grant Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control. B. Funding Opportunity Title: Lead Outreach Grant Program. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register Number is: FR- 4950-N-27. The OMB Approval Number is 2539-0015. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.904, Lead Outreach Grant Program. F. Dates: The application submission date is June 14, 2005. See the General Section, Section IV, Application and Submission Information, regarding application submission procedures and timely filing requirements. G. Additional Overview Content Information: 1. Purpose. This funding opportunity is for non-profit grassroots community-based organizations, including faith-based organizations; other non-profit organizations; states; Tribes; and units of general local government to: a. develop and distribute outreach and educations materials; b. encourage occupants to identify potential paint hazards and report them to property owners; and c. increase enrollment of low-income housing units in lead hazard control treatment programs. 2. Available Funds. Approximately $2 million is available under this program. 3. Number of Awards. Between 4 and approximately 10 grants will be awarded, with each grant ranging between approximately $200,000 and a maximum of $500,000. 4. Type of Awards. The awards will be made as grants. 5. Eligible Applicants. Grassroots community-based organizations, including faith-based organizations; other nonprofit organizations; states; Tribes; and units of general local government are eligible to apply for funding. Teaming arrangements are encouraged, including teaming with educational institutions and other entities such as groups of parents of lead-poisoned children, although the application must be made by a single entity. 6. Matching Funds. No match or cost sharing is required. However, leveraging is encouraged. See Section V, Rating Factor 4. 7. Limitations on Applications. Only one application per applicant will be permitted for this lead outreach grant program. Full Text of Announcement I. Funding Opportunity Description A. Purpose of the Program The purpose of this lead outreach grant program is to: 1. Increase enrollment of low-income housing units in lead hazard control treatment programs; 2. Develop and distribute outreach and educational materials to raise public awareness of childhood lead poisoning, its prevention, and proper lead hazard identification and control methods for at-risk communities, at-risk populations of children and workers in the housing maintenance or rehabilitation fields; and 3. Encourage occupants to identify potential lead-based paint hazards and report them to property owners, managers, and/or public health or housing officials, as appropriate. B. Background Childhood lead poisoning is the primary childhood environmental health problem in the United States today. The Centers for Disease Control and Prevention (CDC) has found that there are approximately 434,000 children under age 6 that have elevated blood lead levels, and those who are non-Hispanic blacks or Hispanics are more likely to have elevated blood lead levels than are non-Hispanic whites. The February 2000 report, ``Eliminating Childhood Lead Poisoning: A Federal Strategy Targeting Lead Paint Hazards,'' sets forth action to be taken to prevent such poisoning. In addition to contributing to the elimination of lead hazards in housing occupied by low-income families with children, the federal government's public education and outreach activities should measurably increase the public's awareness of lead hazards and how to address them. In keeping with the mandate of section 1011(g)(1) of Title X, the Residential Lead-Base Paint Hazard Reduction Act of 1992, Public Law 102-550, 106 Stat. 3672, October 28, 1992, for HUD to ``develop the capacity of eligible applicants * * * to carry out activities under'' lead hazard control grant programs, HUD has conducted outreach and public education initiatives through the Lead Hazard Control Grant program, the National Lead Information Center, and other training, education and outreach initiatives. Lead Hazard Control grants are awarded to perform lead hazard reduction in low-income privately owned pre-1978 housing. Lead outreach activities encourage low-income occupants and owners to participate in HUD-funded lead hazard control programs. HUD's supplement to the Current Population Survey has determined that only a fraction of citizens are educated about how lead-based paint hazards are more common in older housing and threaten young children. This low level of awareness means that few construction and maintenance business owners are aware of the extent of lead-based paint hazards. Some general information on the background of lead and lead-based paint hazards can be found in Appendix A Background on Lead, posted at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. C. Authority The authority for this program is section 1011(e)(8) and (g)(1) of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992), and the Consolidated Appropriations Act, 2005 (Pub. L. 108-477; approved December 8, 2004). II. Award Information A. Available Funding Approximately $2 million in fiscal year 2005 funds from the lead technical assistance set aside under the lead hazard reduction appropriation will be available for the Lead Outreach Program. Grants will be awarded on a competitive basis according to the Rating Factors described in Section V of this program section. B. Anticipated Awards Between four and approximately ten grants will be awarded, with each grant ranging between approximately $200,000 and a maximum of $500,000. C. Award Instrument 1. Grants. Awards will be made as grants. 2. Start Date. The anticipated start dates for new awards is October 1, 2005. D. Period of Performance The period of performance cannot exceed 24 months from the date of the award. A period of performance extension for delays due to exceptional conditions beyond the grantee's control will be considered for approval by HUD in accordance with 24 CFR 85.30(d)(2) or 24 CFR 84.25(e)(2), as applicable, and the Office of Healthy Homes and Lead Hazard Control (OHHLHC) Program Guide. Only one extension will be provided for a period not to exceed 12 months. [[Page 13883]] III. Eligibility Information A. Eligible Applicants Grassroots non-profit community-based organizations, including faith-based organizations; other non-profit organizations; states; Tribes; and units of general local government are eligible applicants. Teaming arrangements are encouraged, including teaming with educational institutions and other entities such as groups of parents of lead- poisoned children, although the application must be made by a single entity. Nonprofit organizations, grassroots community-based nonprofit organizations, including faith-based organizations; educational institutions; Fair Housing Organizations; and advocacy groups for children's health, minority and ethnic groups and persons with disabilities can also be sub-grantees or sub-contractors. We encourage both public and nonprofit groups to apply. B. Cost Sharing or Matching Requirements None required. In rating your application, however, you will receive a higher score under Rating Factor 4 if you provide evidence of significant cost sharing or leveraging. C. Other 1. Eligible Activities Eligible activities under this NOFA are: a. Activities to publicize or conduct events which highlight lead hazards in the home environment and available lead hazard reduction programs; b. Development and distribution of materials, including pamphlets, newsletters, flyers, etc., to be distributed in stores, schools, churches, community centers, or other neighborhood locations. References to outreach materials may be found in Appendix B, Lead Outreach Materials, posted at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. c. Conducting presentations or speaking engagements to inform the public and owners of housing of lead hazards in the home and programs that can assist in the abatement and control of the identified hazards; d. Entering into working arrangements with local non profit organizations, including grassroots community-based organizations, including faith-based organizations; chambers of commerce; public and private social service agencies; and others to disseminate information to populations identified as being at-risk. e. Establishing teams with non-profit organizations and associations, such as grassroots organizations, including faith-based, advocacy, and community-based non-profit organizations, or corporations, retailers, construction organizations, and unions for the purpose of coordinating or conducting joint outreach activities; f. Preparing publications, including graphics, public service announcements, posters and entries for newspapers and magazines with local and/or regional distribution. g. Training local residents and businesses on identifying potential lead-based paint hazards, and lead-safe maintenance and renovation work practices, etc.; h. Making materials available in alternative formats for persons with disabilities (e.g., Braille, audio, large type) upon request, and providing materials in languages other than English that are common in the community, consistent with HUD's published Limited English Proficiency (LEP) Recipient Guidance, 68 FR 70968. i. Program Administration in accordance with the guidelines established under funding restrictions. j. Program evaluation and assessment activities to improve the effectiveness of present and future outreach efforts and to measure whether efforts have successfully been targeted to at risk populations. 2. Threshold Requirements Applicable to all Applicants Under the SuperNOFA. As an applicant, you must meet all of the threshold requirements described in the General Section. 3. Program Requirements a. Outreach activities must: (1) Increase lead awareness; (2) Encourage owners and low-income occupants to enroll their housing units in lead hazard control programs; and (3) Encourage owners and low-income occupants to identify potential lead-based paint hazards and report them to property owners and managers, public health, and/or housing officials as appropriate. b. All activities under this program must be targeted to at-risk populations or areas, and implement an outreach program to meet those populations' information needs. c. Media Products in Languages other than English. Applicants are encouraged to utilize minority media in an effort to achieve diversity in outreach and educational efforts to minority target populations. Applications that include development and distribution of media products in languages other than English must include a discussion of the applicant's (or subcontractor's) expertise in those languages and in meeting the informational needs of non-English-speaking, underserved populations. IV. Application and Submission Information If you are interested in applying for funding under this program, please carefully read the General Section and the following additional information. A. Addresses To Request Application Package 1. There Is No Application Kit All the information required to submit an application is contained in the program section of this NOFA and the General Section. Applications can be downloaded from the Web at: http://www.grants.gov. 2. Satellite Broadcast HUD expects to hold an information broadcast via satellite for potential applicants to learn more about the program and the preparation of the application. For more information about the date and time of the broadcast, you should consult the HUD Web site at: http://www.hud.gov. B. Content and Form of Application Submission 1. Address for Submitting Applications You, the applicant, must submit a complete application via Grants.gov. For additional information see the General Section. 2. Application Information a. Application Format. Your application narrative response must be limited to a maximum of 25 pages (excluding additional materials and worksheets) equivalent to one-side only on 8\1/2\ x 11 inch paper using a standard 12-point font with not less than \3/4\ inch margins on all sides. Additional materials should be referenced and discussed in the narrative response and should directly apply to the rating factor to receive points. The rating for each Rating Factor will be based on the Rating Factor's numbered portion of your narrative statement, supplemented by materials referenced and discussed in that portion of your narrative statement. b. Applicant Data. Your application must contain all of the required information as noted in this NOFA Section and the General Section. These items include the standard forms listed in the General Section that are applicable to this funding (collectively referred to as the ``standard forms''). The standard forms can be found in the application package on Grants.gov and [[Page 13884]] are referenced in the General Section. The application items are as follows: (1) Application Abstract (limited to two-pages). An abstract that summarizes your proposed project, including the objectives and expected results, the dollar amount requested, and identifying the name, address and key contacts for you and your team members in the application. The abstract will be used for Congressional Release and Public Announcement if you are selected to receive an award. (2) A narrative statement addressing the rating factors for award. The narrative statement must be numbered in accordance with each factor for award (Rating Factors 1 through 5). The response to the rating factors must not exceed an equivalent of 25 pages. Any pages in excess of this limit will not be read. (The 25-page limit does not include the two-page abstract.) Key points to consider in preparing your application are provided in the General Section. (3) Applicant should provide the resumes and position descriptions of your project director, project manager and up to three additional key personnel (in accordance with Rating Factor 1). These should not exceed three pages each. This information will not be counted towards the page limit. (4) Any attachments, additional materials, references, or other relevant information that directly support the narrative statement may be included, but must not exceed 20 pages for your entire application. Any pages in excess of this limit will not be read. (5) Provide a detailed budget with supporting cost justification for all budget categories of your funding request, in accordance with Rating Factor 3. This information will not be counted towards the page limits. A detailed budget must also be provided for any subcontractors, subgrantees, or subrecipients receiving greater than 10 percent of the federal budget request. Use the budget format discussed in Rating Factor 3 Section V(A)3.c(2)(b), below. In completing the budget forms and justification, you should address the following elements: (a) Direct Labor. Direct Labor costs should include all full- and part-time staff required for the planning and implementation phases of the project. These costs should be based on full time equivalent (FTE ) or hours per year (hours/year) (i.e., one FTE equals 2,080 hours/year); (b) Travel to HUD Meetings. You should budget for three trips to HUD Headquarters in Washington, DC, planning each trip for two people, assuming the first trip occurring shortly after grant award for a stay of five or six days, depending on your location, and the remaining trips having a stay of one or two days, depending on your location; (c) Sub-grantee and Subrecipient Budgets. A separate budget proposal should be provided for any subrecipients receiving more than 10 percent of the total federal budget request; (d) Supporting Documentation for Salaries and Costs of Materials. You should be prepared to provide supporting documentation for salaries and prices of materials and equipment upon request; (e) Federally Negotiated Indirect Cost Rate. Organizations that have a federally negotiated indirect cost rate should use that rate and the appropriate base. Other organizations not having a federally negotiated rate schedule must obtain a rate from their cognizant federal agency. If HUD is the cognizant agency, HUD will establish the rates. If awarded a grant, you will be asked to submit your negotiated rate agreements for fringe benefits and indirect costs. (6) Applicants are encouraged to use the following checklist to ensure that all required materials have been prepared and submitted. The checklist is not required to be submitted with the application. (See below.) (7) Any information or materials that are not listed above will not be reviewed. Checklist for Lead Outreach Grant Program Applicants Applicant Abstract (limited to 2 pages) Rating Factor Responses (Total narrative response limited to 25 pages.) 1. Capacity of the Applicant and Relevant Organizational Experience 2. Need/Extent of the Problem 3. Soundness of Approach 4. Leveraging Resources 5. Achieving Results and Program Evaluation Required Materials in Response to Rating Factors (does not count towards 25-page limit) [sbull] Resumes of Key Personnel (limited to 3 pages per resume) [sbull] Organizational Chart [sbull] Letters of Commitment (if applicable) [sbull] Form HUD-96010 Logic Model Form Optional Material in Support of the Rating Factors (20 page limit) Required Forms and Budget Material [sbull] Form SF 424 (Application for Federal Assistance) [sbull] Form HUD-424-CB Grant Application Detailed Budget [sbull] Form HUD-CBW (Budget Worksheet) [sbull] Form SF 424 Supplement (Survey on Ensuring Equal Opportunity for Applicants) (to be completed by private nonprofit organizations only) [sbull] Form SF LLL (if applicable) (Disclosure of Lobbying Activities) [sbull] Form HUD 2880 (Applicant/Recipient Disclosure/Update Report) [sbull] Form 2990 Certification of Consistency with the RC/EZ/EC-II Strategic Plan (required only for applicants who are seeking these bonus points) [sbull] Form HUD 2994 Client Comments and Suggestions (Optional) [sbull] Form HUD 27300 Removal of Regulatory Barriers (if applicable) [sbull] HUD's Waiver from submitting electronically (if applicable) [sbull] Form HUD 2993 Acknowledgment of receipt if making paper submittal (only if HUD waiver is granted) [sbull] Form HUD-96011 Facsimile Transmittal (for electronic applications) C. Submission Dates and Times Electronic applications must be submitted to and received by www.grants.gov no later than 11:59:59 p.m. eastern time on the application submission date. All narrative files and any scanned documents must be submitted as a zip file, single attachment to the electronic application. Please refer to the General Section for additional submission requirements including acceptable submission methods, acceptable proof of submission and receipt procedures, and other information regarding application submission. Materials associated to your electronic application submitted by facsimile transmission must also be received by 11:59:59 p.m. eastern time on the application submission date. Make sure you see the General Section for how to submit third party letters and other documents as part of your electronic submission utilizing form HUD-96011, Facsimile Transmittal. If you have received a waiver to the electronic application submission requirement, you must submit an original and three copies of your application on or before June 14, 2005 following the instructions in the General Section. D. Intergovernmental Review Not applicable to this program. See 24 CFR Part 52. E. Funding Restrictions. 1. HUD will not fund the following ineligible activities: [[Page 13885]] a. Purchase of real property. b. Purchase or lease of equipment having a per-unit cost in excess of $5,000, unless prior written approval is obtained from HUD. c. Hazard abatement, hazard reduction, rehabilitation, remodeling, repair, or other construction work. 2. Administrative Costs. No more than 10 percent of the funds can be used for administrative costs. Administrative costs that may be applicable to the program included in this NOFA are discussed below: a. Purpose. The intent of this HUD grant program is to allow the grantee to be reimbursed for the reasonable direct and indirect costs, subject to a top limit, for overall management of the grant. In some instances the grantee principally serves as a conduit to pass funding to sub-grantees, which are to be responsible for conducting the lead outreach work. HUD has established a top limit of 10 percent of the total grant sum for the grantee to perform the function of overall management of the grant program, including passing on funding to sub- grantees. The cost of that function, for the purpose of this grant, is defined as the ``administrative cost'' of the grant, and is limited to ten percent of the total grant amount. The balance of ninety percent or more of the total grant sum is reserved for sub-grantees or other direct-performers of lead outreach work. b. Administrative Costs: What They Are Not. For the purposes of this HUD grant program for lead outreach, the term ``administrative costs'' should not be confused with the terms ``general and administrative cost,'' ``indirect costs,'' ``overhead,'' and ``burden rate.'' These are accounting terms usually represented by a government- accepted standard percentage rate. The percentage rate allocates a fair share of an organization's costs that cannot be attributed to a particular project or department (such as the chief executive's salary or the costs of the organization's headquarters building) to all projects and operating departments (such as the community relations program office or education program office, or, for governmental grantees, such offices as the Fire Department, the Police Department, the Community Development Department, the Health Department or this program). Such allocated costs are added to those projects' or departments' direct costs to determine their total costs to the organization. c. Administrative Costs: What They Are. For the purposes of this HUD grant program, ``Administrative Costs'' are the grantee's allowable direct costs for the overall management of the grant program plus the allocable indirect costs. The allowable limit of such costs that can be reimbursed under this program is 10 percent of the total grant sum. Should the grantee's actual costs for overall management of the grant program exceed 10 percent of the total grant sum, those excess costs shall be paid for by the grantee. However, excess costs paid for by the grantee may be shown as part of the requirement for cost-sharing funds to support the grant. d. Administrative Costs: Definition (1) General. Administrative costs are the allowable, reasonable, and allocable direct and indirect costs related to the overall management of the HUD grant for lead outreach activities. Those costs shall be segregated in a separate cost center within the grantee's accounting system, and they are eligible costs for reimbursement as part of the grant, subject to the 10 percent limit. Such administrative costs do not include any of the staff and overhead costs directly arising from specific sub-grantee program activities eligible under Section III(C) of this NOFA, because those costs are eligible for reimbursement under a separate cost center as a direct part of project activities. The grantee may elect to serve solely as a conduit to sub-grantees, who will in turn perform the direct program activities eligible under Section III(C) of this NOFA, or the grantee may elect to perform all or a part of the direct program activities in other parts of its own organization, which shall have their own segregated, cost centers for those direct program activities. In either case, not more than 10 percent of the total HUD grant sum may be devoted to administrative costs, and not less than 90 percent of the total grant sum shall be devoted to direct program activities. The grantee shall take care not to mix or attribute administrative costs to the direct project cost centers. (2) Specific. Reasonable costs for the grantee's overall grant management, coordination, monitoring, and evaluation are eligible administrative costs. Subject to the 10 percent limit, such costs include, but are not limited to, necessary expenditures for the following goods, activities and services: (a) Salaries, wages, and related costs of the grantee's staff, the staff of affiliated public agencies, or other staff engaged in grantee's overall grant management activities. In charging costs to this category the recipient may either include the entire salary, wages, and related costs allocable to the program for each person whose primary responsibilities (more than 65 percent of their time) with regard to the grant program involve direct overall grant management assignments, or the pro rata share of the salary, wages, and related costs of each person whose job includes any overall grant management assignments. The grantee may use only one of these two methods during this program. Overall grant management includes the following types of activities: (i) Preparing grantee program budgets and schedules, and amendments thereto; (ii) Developing systems for the selection and award of funding to sub-grantees and other subrecipients; (iii) Developing suitable agreements for use with sub-grantees and other subrecipients to carry out grant activities; (iv) Developing systems for assuring compliance with program requirements; (v) Monitoring sub-grantee and subrecipient activities for progress and compliance with program requirements; (vi) Preparing presentations, reports, and other documents related to the program for submission to HUD; (vii) Evaluating program results against stated objectives; (viii) Providing local officials and citizens with information about the overall grant program (however, a more general education program, helping the public understand the nature of lead hazards, lead hazard reduction, blood-lead screening, and the health consequences of lead poisoning is a direct project support activity); (ix) Coordinating the resolution of overall grant audit and monitoring findings; and (x) Managing or supervising persons whose responsibilities with regard to the program include such assignments as those described in paragraphs (i) through (ix) above. (b) Travel costs incurred for official business in carrying out the overall grant management; (c) Administrative services performed under third party contracts or agreements, for services directly allocable to grant management such as: legal services, accounting services, and audit services; (d) Other costs for goods and services required for and directly related to the overall management of the grant program; and including such goods and services as telephone, postage, rental of equipment, renter's insurance for the program management space, utilities, office supplies, and rental and maintenance (but not purchase) of office space for the program. (e) The fair and allocable share of grantee's general costs that are not directly attributable to specific projects [[Page 13886]] or operating departments such as salaries, office expenses and other related costs for a private-sector grantee's parent organization, or, for a governmental grantee, local officials (e.g., mayor and city council members, etc.), and expenses for a grantee's legal or accounting department which are not charged back to particular projects or other operating departments. If a grantee has an established burden rate, it should be used; if not, the grantee shall be assigned a negotiated provisional burden rate, subject to final audit. F. Other Submission Requirements 1. Submission Dates and Times a. If you seek a waiver from submitting electronically, see the General Section. b. Applicants who have received a waiver from submitting electronically must submit their paper copy applications for delivery following the instructions in the General Section, no later than 11:59:59 PM on the application submission date. Paper copy applications submitted without being granted a waiver will not receive funding consideration. Please read the General Section carefully as instructions have significantly changed for FY2005 application submissions. 2. Electronic Application Assistance For technical assistance in downloading the electronic application or for other questions regarding the electronic application, please contact the Grants.gov help desk at (800) 518-GRANTS. The Grants.gov help desk can also be contacted by email at Grants.gov">Support@Grants.gov. You can also get assistance on general questions from the NOFA Information Center at (800) HUD-8929. If you are hearing impaired, you may reach the numbers above at (800) HUD-2209 (TTY) or the Federal Information Relay Service at (800) 877-8339 (these are toll-free numbers). V. Application Review Information A. Criteria 1. Applications will be reviewed by an Application Review Panel (ARP) which will assign each application a score based on the rating factors presented below. 2. Factors for Award Used to Evaluate and Rate Applications The factors for rating and ranking applicants, and maximum points for each factor, are provided below. The maximum number of points to be awarded is 102, including the potential for two RC/EZ/EC-II bonus points, as described in the General Section. 3. Award Factors Each factor is weighted as indicated by the number of points that are attainable for it. Applicants should be certain that these factors are adequately addressed in the project description and accompanying materials. The five rating factors are listed below. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (20 points). Rating Factor 2: Need/Extent of the Problem (15 points). Rating Factor 3: Soundness of Approach (40 points). Rating Factor 4: Leveraging Resources (10 points). Rating Factor 5: Achieving Results and Program Evaluation (15 points). RC/EZ/EC-II Bonus Points (2 points, see below). Total: 102 points. HUD FY 2005 NOFAs provide for the award of two bonus points for eligible activities/projects that the applicant proposes to locate in federally designated Empowerment Zones (EZs), Renewal Communities (RCs), or Enterprise Communities, designated by USDA in round II (EC- IIs), that are intended to serve the residents of these areas, and that are certified to be consistent with the area's strategic plan or RC Tax Incentive Utilization Plan (TIUP). (For ease of reference in this Notice, all of the federally designated areas are collectively referred to as ``RC/EZ/EC-IIs'' and residents of any of these federally designated areas as ``RC/EZ/EC-II residents.'') This Notice contains a certification that must be completed for the applicant to be considered for RC/EZ/EC-II bonus points. A list of RC/EZ/EC-IIs can be obtained from HUD's web page at http://www.hud.gov/cr. Applicants can determine if their program/project activities are located in one of these designated areas by using the locator on HUD's web site at http:// www.hud.gov/crlocator. Please see the General Section. You will receive points under Rating Factor 3(1) for each of the applicable FY2005 policy priorities that are adequately addressed in your application, up to a maximum of four points (see the General Section). Policy priorities that are applicable to the Lead Outreach grant NOFA and eligible for one point each are: (1) Improving our Nation's Communities (focus on distressed communities); and (2) Providing full and equal access to grass-roots faith-based and other community-based organizations in HUD program implementation. Removal of regulatory barriers to affordable housing is eligible for up to 2 points provided the required documentation, as specified in form HUD 27300 (Removal of Regulatory Barriers), is part of the application submission to HUD. Applicants may also provide a web site URL for a web site where the required documentation is readily accessible for use. You are encouraged to plan projects that can be completed over a short time period (e.g., 18 to 24 months from the date of award) so useful information generated from the outreach activities can be available for policy or program decisions and disseminated to the public as quickly as possible. The grant performance period is limited to 24 months. a. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (20 Points). This factor addresses your organizational capacity necessary to successfully implement your proposed activities in a timely manner. The rating of you or your staff includes any grassroots nonprofit organizations, including faith-based nonprofit organizations and other community-based non-profit organizations, sub-contractors, consultants, subrecipients, and members of consortia that are firmly committed to your project. For all of the descriptions of personnel and organizational qualifications and experience in this factor, more points will be given for more recent relevant experience of high quality with this type of work, as documented below. Applicants who are funding or sub-contracting with grassroots nonprofit organizations, including faith-based nonprofit organizations, and other community-based nonprofit organizations, in conducting their outreach programs should include the qualifications and experience of these organizations in responding to this rating factor. In rating this factor HUD will consider: (1) Your recent, relevant and successful demonstrated experience in undertaking eligible program activities. You must describe the knowledge and experience of the proposed overall project director and day-to-day project manager in planning and managing large and complex interdisciplinary outreach programs, especially those involving housing, public health, or environmental programs. In your narrative response for this factor, you should include information on your project staff, their experience, percentage commitment to the project, and position titles. You must provide resumes (or position descriptions and copies of job announcements including salary range, for vacant positions) of up to three pages each for the project [[Page 13887]] director, project manager, and up to three key personnel, and a clearly delineated organizational chart for the Lead Outreach project in your application. Indicate the name and the position of key personnel, the percentage of time that proposed staff will devote to your project and any salary costs to be paid by funds from this program. Include descriptions of the experience and qualifications of subcontractors and consultants. You may find it useful to include a table indicating the name, position and percentage contribution of staff members, specifying organizational affiliation. (2) Your qualifications to carry out the proposed activities as evidenced by experience, training, and/or relevant publications of project staff, and whether you have sufficient personnel, or will be able to quickly retain qualified experts or professionals to begin your proposed project immediately, and to perform your proposed activities in a timely and effective fashion. Describe how principal components of your organization will participate in, or support, your project. You should thoroughly describe capacity, as demonstrated by experience in initiating, implementing and evaluating related health education, outreach and recruitment projects. (3) Your past performance in previous projects with an emphasis on health education, outreach and recruitment. Provide details about the nature of the project, the funding agency, and your performance, relative to performance measures or the achievement of desired health outcomes. If a subgrantee or subcontractor is an existing HUD lead outreach grantee, provide a description of the progress and outcomes achieved in that grant. HUD's evaluation process will consider an applicant's past performance in effectively organizing and managing their grant operations, in meeting performance and work plan benchmarks and goals, and in managing funds, including their ability to account for funds appropriately, timely use of funds received either from HUD or other federal, state, Tribal, or local programs, and meeting performance milestones. This includes whether the applicant has requested no-cost time extensions for previous Office of Healthy Homes and Lead Hazard Control awards. HUD may use other information relating to these items from sources at hand, public sources such as newspapers, Inspector General or Government Accounting Office Reports or Findings, hotline complaints, or other sources of information that have been proven to have merit. (4) Statement Regarding Other Grants and Applications. You need to disclose all grants that you are currently receiving from OHHLHC, and a list of the applications you have submitted or plan to submit for FY2005 for other OHHLHC grants. This information will be used during evaluation of your application in regard to evaluating your capacity to conduct the activities under this grant program concurrently with activities under other OHHLHC grants. b. Rating Factor 2: Need/Extent of the Problem (15 Points) This factor addresses the extent to which there is a need for your proposed project activities to address documented problems, target area(s) and target populations. Applications that demonstrate a greater need for lead outreach beyond existing levels as a mechanism for increasing enrollment in lead hazard treatment programs, or more thoroughly document this need will earn higher numbers of points. (1) Your application should document a critical level of need for your proposed outreach activities in the area(s) where activities will be carried out. You should pay specific attention to documenting the need for outreach to increase enrollment of low- income housing units with children under six in lead hazard treatment programs as it applies to your target area(s) and target populations, rather than a larger geographic area or general population. Examples of information that might be used to demonstrate need, include: (2) Economic or sociological information relevant to your target area(s). If this information is applied locally, the neighborhoods or type of neighborhoods to be targeted should be characterized with regard to populations and age of housing that the outreach activities are attempting to reach. Information on the number and percentage of very-low (income less than 50 percent of the area median) and low- (income less than 80 percent of the area median) income families, as determined by HUD is available at the HUDuser web site, www.huduser.org, with adjustments for smaller and larger families (Very-Low and Low-Income Population). (3) Data documenting targeted populations that are traditionally underserved or have special needs. For a maximum score in this Rating Factor, data provided should specifically represent the target area. If the data presented in your response do not specifically represent your target area, you should discuss why the target areas are being proposed. If your application addresses needs that are in the Consolidated Plan or Analysis of Impediments (AI) to Fair Housing Choice (see the General Section), court orders or consent decrees, settlements, conciliation agreements, or voluntary compliance agreements, you will receive more points than applicants that do not relate their project to an identified need. (4) Information from the local (or state or Tribe, if applicable) health department, if available, on actual (not estimated) rates of elevated blood lead levels among children residing in your target area(s). (5) Readily available information on the presence of existing outreach and educational resources in your target area(s). c. Rating Factor 3: Soundness of Approach (40 Points) This factor addresses the quality and cost-effectiveness of your proposed work plan. You should present information on your proposed approach for increasing the public's awareness and knowledge about lead poisoning and lead-based paint hazards, for encouraging owners and low-income family occupants to identify potential lead-based paint hazards, and enrolling their housing units in lead hazard control treatment programs. Applications containing approaches with clear activities and sub-activities that will result in increasing the enrollment in lead hazard treatment programs, that include a range of approaches that address the needs of populations with limited English proficiency, persons with disabilities, persons with low literacy, etc., that demonstrate a logical progression of implementation steps, that include more appropriate mechanisms for reaching audiences, and that provide better documentation of the methodology of the proposed approach will receive higher numbers of points. Applicants shall identify their approaches to overcoming recruitment difficulties, including over- recruiting efforts, incentives to increase enrollment, and any other options. Applicants will receive higher rating points for approaches that include higher percentages of funding or sub-contracting for substantive work by grassroots organizations, including faith-based and other community-based non-profit organizations, Fair Housing Organizations and advocates for various minority and ethnic groups and for persons with disabilities. You should describe how proposed activities would help HUD achieve its goals for this program area. You should demonstrate your knowledge of the [[Page 13888]] outreach methodology relevant to your approach. You should develop a work plan that includes specific, measurable and time-phased objectives for each major program activity, accompanied by a complementary schedule indicating proposed date(s) of completion. There must be a direct relationship between the proposed activities, community needs, the purpose of the project, and the number of low-income housing units enrolled in lead hazard treatment programs. Your response to this factor should include the following elements: (1) Approach for Developing the Project. (30 points) Describe your overall approach for your proposed project. The description must include a discussion of specific planned project activities: (a) Provide the estimated total number of low-income housing units that you expect to be enrolled in lead hazard treatment programs. Describe in detail how you will identify and track participants receiving outreach under your project, especially participants in high- risk groups and communities, vulnerable populations and persons traditionally underserved. (6 points) (b) Describe your process for developing outreach materials, or using existing materials. (3 points) (c) Describe your management processes to be used to ensure the cost-effectiveness of expenditures of funds. (2 points) (d) Describe any measurement tools you would employ to evaluate the effectiveness of your outreach and educational activities for occupants of housing units enrolled in lead hazard treatment programs before and after treatment. (2 points) (e) Describe the methods of community education you would use including community awareness, education, training, and outreach programs in support of your work plan and objectives that are culturally sensitive, targeted, and linguistically appropriate. (3 points) (f) Proposed involvement of grassroots organizations, including faith-based and other community-based non-profit organizations in the proposed activities. HUD strongly encourages you to substantively use grassroots organizations, including faith-based, and other community- based non-profit organizations. (10 points) (g) Indicate if, and describe how, you will address any of HUD's departmental policy priorities. (See the General Section for a fuller explanation of HUD's policy priorities.) Policy priorities that are potentially applicable to this NOFA include: (i) Improving our Nation's Communities, (ii) Providing Full and Equal Access to Faith-based and other Community-based Organizations in HUD Program Implementation, and (iii) Removal of Regulatory Barriers to Affordable Housing. You will receive one point for each of the first two applicable policy priorities that are adequately addressed in your application, and up to two points for Removal of Regulatory Barriers to Affordable Housing. If your application addresses all three policy priorities, you could get up to four points. (4 points) (2) Approach for Implementing the Project. (10 points) Describe your project goals, objectives and the strategy you will use in executing the project. You should provide information on the general approach and overall plan employed. (a) Baseline Plan for Project Management. (5 points) Include a management plan that: (i) Lists the outreach project objectives, major tasks and activities. All specific activities necessary to complete the proposed project must be included in the task listing. (ii) Incorporates appropriate performance goals with projected outputs and outcomes of the outreach program's activities. (iii) Identifies major milestones and provides a schedule for the assignment, tracking and completion of major tasks and activities, and a timeframe for delivery, including reports and other proposed deliverables of the outreach activity. (iv) Designates resources and identifies responsible entities for performing work. (b) Budget Justification. (5 points) Your proposed budget will be evaluated for the extent to which it is reasonable, clearly justified, and consistent with the outreach project management plan and intended use of program funds. HUD is not required to approve or fund all proposed activities. You must thoroughly document and justify all budget categories and costs (Form HUD-424-CB) and all major tasks, for yourself, subrecipients (grassroots organizations, including faith- based, and other community-based non-profit organizations), partners, major subcontractors, joint venture participants, or others contributing resources to the project, especially those proposed to receive greater than 10 percent of the federal budget request. Describe clearly and in detail your budgeted costs for each required program element (major task) included in your overall plan. d. Rating Factor 4: Leveraging Resources (10 Points). This factor addresses your ability to secure other community and/or private sector resources (such as financing, supplies, or services) that can be combined with HUD's resources to achieve project purposes. These community resources may be contributions from organizations such as the applicant, subrecipients, partners, or other organizations not directly involved in the project. (1) In evaluating this factor, HUD will consider the extent to which you have developed partnerships to secure additional resources to increase the effectiveness of your proposed project. Describe how other organizations will participate in or support your project. Resources may include funding or in-kind contributions (such as labor, fringe benefits, services, supplies, or equipment) budgeted for your proposed project. Resources may be provided by state, Tribal, and local governmental entities, public or private organizations, or other partners. (2) Each source of contributions (financial or in-kind) must be supported by a letter of commitment from the contributing entity, whether the applicant, a partner organization, or a public or private source. The letter must describe the contributed resources that will be used in your project and the dollar value of that contribution. Staff in-kind contributions should be given a market-based monetary value. If you fail to provide letters of commitment with specific details including the amount of the actual contributions, you will not get points for this factor. Each letter of commitment, memorandum of understanding, or agreement to participate shall include the organization's name and the proposed level of commitment and responsibilities as they relate to the proposed project. The commitment must be signed by an official legally able to make commitments on behalf of the organization. See the General Section for instructions on how to submit third party documents using the electronic submission process. Letters of support (letters that indicate support but do not specify a monetary commitment to the project) will not be considered in the scoring of this Rating Factor. Include information to address the following elements: (a) The extent to which you have coordinated your activities with other known organizations that are not directly participating in your proposed work activities, but with which you share common goals and objectives. e. Rating Factor 5: Achieving Results and Program Evaluation (15 points). [[Page 13889]] This factor emphasizes HUD's commitment to ensuring that applicants keep promises made in their application and assessing their performance to ensure performance goals are met. Achieving results means the applicant has clearly identified the benefits, or outcomes of your program. Outcomes are ultimate goals; for this lead outreach grant program, the major outcome is increasing the number of low-income housing units that house young children enrolled in lead hazard treatment programs as a result of the grant activity. Benchmarks or outputs are interim activities or products that lead to the ultimate achievement of your goals. Program evaluation requires that the applicant identifies program outcomes, interim products or benchmarks, and performance indicators that will allow you to measure your performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Your Evaluation Plan should identify what you are going to measure, how you are going to measure it, and the steps you have in place to make adjustments to your work plan if performance targets are not met within established timeframes. This rating factor reflects HUD's goal to embrace high standards of ethics, management, and accountability. In evaluating this factor, HUD will consider how you have described outcome measures and benefits of your program. In your response to this Rating Factor you are to discuss the performance goals for your project and identify specific outcome measures. You are also to describe how the outcome information will be obtained, documented, and reported. You must complete and return the Logic Model Form, HUD 90610, included in the General Section, showing your proposed project long-term, mid-term, short-term, and final results, and how they support HUD's departmental goals and objectives. Information about developing a Logic Model is available at: www.hud.gov. In evaluating this factor, HUD will consider how you have related your needs statement and your proposed activities, with clearly defined objectives, outputs and outcomes. f. Bonus Points for Federally Designated Zones and Communities. (2 points) This Section of the NOFA provides for the award of two bonus points for eligible activities/projects that the applicant proposes to be located in federally designated Empowerment Zones (EZs), Renewal Communities (RCs), or Enterprise Communities, designated by USDA in round II (EC-IIs). A list of RCs, EZs, and EC-IIs is available from HUD's Web site at: http://www.hud.gov. See also the General Section. B. Reviews and Selection Process 1. Rating and Ranking Awards will be made in rank order for Lead Outreach applications. 2. Partial Funding In the selection process, HUD reserves the right to offer partial funding to any or all applicants. If you are offered a reduced grant amount, you will have a maximum of 14 calendar days to accept such a reduced award. If you fail to respond within the 14-day limit, you shall be considered to have declined the award. Please see the General Section for a discussion of adjustments to funding that may be made by HUD during the selection process. 3. Remaining Funds See the General Section for HUD's procedures if funds remain after all selections have been made. 4. Minimum Points for Award Your application must receive a total score of at least 75 points to be considered for funding. Applications will not be rated or ranked if they do not meet the threshold requirements of the General Section. C. Anticipated Announcement and Award Dates HUD anticipates announcing awards under this program on or about September 30, 2005. VI. Award Administration Information A. Award Notices 1. Notice of Award Applicants who have been selected for award will be notified by letter from the Grant Officer. The letter will state the program for which the application has been selected, the amount the grantee is eligible to receive, and the name of the Government Technical Representative (GTR). This letter is not an authorization to begin work or incur costs under the grant. 2. Negotiations HUD may require that selected applicants participate in negotiations to determine the specific terms of the grant agreement and budget. In cases where HUD cannot successfully conclude negotiations with a selected applicant or a selected applicant fails to provide HUD with requested information, an award will not be made to that applicant. In this instance, HUD may offer an award, and proceed with negotiations with the next highest-ranking applicant. If you accept the terms and conditions of the grant, you must return your signed grant agreement by the date specified during negotiation. 3. LOCCS Payment System After receiving the letter, additional instructions on how to have the grant account entered into HUD's Line of Credit Control System (LOCCS) payment system will be provided. Other forms and program requirements will also be provided. 4. Start of Work All awardees are expected to commence activity immediately upon completion of budget and work plan negotiations, and execution of the grant agreement. 5. Applicant Debriefing See the General Section for information regarding applicant debriefing. B. Administrative and National Policy Requirements 1. Environmental Review In accordance with 24 CFR 50.19(b)(2), (b)(3), and (b)(9) of the HUD regulations, activities assisted under this program are categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and are not subject to environmental review under the related laws and authorities. 2. HUD Reform Act of 1989 Applicants must comply with the requirements for funding competitions established by the HUD Reform Act of 1989 (42 U.S.C. 3531 et seq.) as defined in the General Section. 3. Audit Requirements Any grant recipient that expends $500,000 or more in federal financial assistance in a single year must meet the audit requirements established in 24 CFR parts 84 and 85 in accordance with OMB Circular A-133. In accordance with OMB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations), grantees will have to submit their completed audit-reporting package along with the Data Collection Form (SF-SAC) to the Single Audit Clearinghouse, at the address obtained from their Web site. The SF-SAC can be downloaded at: http:// harvester.census.gov/sac/. [[Page 13890]] 4. Corrections to Deficient Applications See the General Section for information about corrections to deficient applications. 5. Timely Hiring of Staff HUD reserves the right to terminate grant awards made to applicants that fail to timely hire (within 90 days of award) staff to fill key positions identified in the applicant's proposal as vacant. 6. Procurement of Recovered Materials See the General Section for information concerning this requirement. 7. Privacy and Disclosure All test results in pre-1978 housing related to lead-based paint or lead-based paint hazards must be provided to the owner of the unit, together with a statement describing the owner's legal duty to disclose the results to tenants (before initial leasing, or before lease renewal with changes) and buyers (before sale) if the housing was constructed before 1978 (24 CFR Part 35, subpart A). This information provided to owners may only be used for purposes of remediation of lead-based paint and other hazards in the unit. Disclosure of other identified housing- related health or safety hazards to the owner of the unit, for purposes of remediation, is encouraged but not required. Submission of any information on the properties to databases (whether web site, computer, paper, or other format) of addresses of identified, treated or cleared housing units is subject to the protections of the Privacy Act of 1974, and shall not include any personal information that could identify any child affected. 8. Conducting Business in Accordance with HUD Core Values and Ethical Standards Refer to the General Section for information about conducting business in accordance with HUD's core values and ethical standards. C. Reporting The following items are Post Award Reporting Requirements. 1. Final Budget and Work Plan Final budget and work plans are due 60 days after the effective date of the grant (start date). 2. Progress Reporting Progress reporting is done on a quarterly basis. Project benchmarks and milestones will be tracked using a benchmark spreadsheet that uses the benchmarks and milestones identified in the Logic Model form (HUD- 96010) approved and incorporated into your award agreement. For specific reporting requirements, see policy guidance at: http:// www.hud.gov/offices/lead. 3. Final Report An overall final grant report, due at the completion of the grant, will detail activities (e.g., the number of low-income housing units enrolled in lead hazard treatment programs as a result of activities performed under this grant, number and type of materials produced, activities conducted, evaluation of the various outreach and educational methods used, findings, and recommended future actions at the conclusion of grant activities). The final report shall include final project benchmarks and milestones achieved against the proposed benchmarks and milestones in the Logic Model (HUD-96010) approved and incorporated into your award agreement. VII. Agency Contacts For programmatic questions, you may contact Jonnette Hawkins, Office of Healthy Homes and Lead Hazard Control; telephone (202) 755- 1785, extension 126 (this is not a toll-free number) or via e-mail at [email protected]. For grants administrative questions, you may contact Ms. Curtissa L. Coleman, Office of Healthy Homes and Lead Hazard Control; telephone (202) 755-1785, extension 119 (this is not a toll-free number) or via e-mail at [email protected]. If neither of these individuals is available, you may contact the Office's general Lead Regulations hotline, at (202) 755-1785, extension 104, for which your call will be forwarded in one business day for subsequent response by the appropriate staff. If you are a hearing- or speech- impaired person, you may reach the above telephone numbers through TTY by calling the toll-free Federal Information Relay Service at 800-877- 8339. VIII. Other Information Other Office of Healthy Homes and Lead Hazard Control Information: For additional general, technical, and grant program information pertaining to the Office of Healthy Homes and Lead Hazard Control, visit: http://www.hud.gov/offices/lead. [[Page 13891]] [GRAPHIC] [TIFF OMITTED] TN21MR05.131 [[Page 13892]] [GRAPHIC] [TIFF OMITTED] TN21MR05.132 [[Page 13893]] [GRAPHIC] [TIFF OMITTED] TN21MR05.133 [[Page 13894]] [GRAPHIC] [TIFF OMITTED] TN21MR05.134 [[Page 13895]] [GRAPHIC] [TIFF OMITTED] TN21MR05.135 [[Page 13896]] [GRAPHIC] [TIFF OMITTED] TN21MR05.139 [[Page 13897]] Lead Hazard Reduction Demonstration Grant Program Overview Information: A. Federal Agency Name: Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control. B. Funding Opportunity Title: Lead Hazard Reduction Demonstration Grant Program. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The funding opportunity number for this program is FR-4950-N-30; The OMB Approval Number for this program is 2539-0015. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.905; Lead Hazard Reduction Demonstration Grant Program. F. Dates: The application submission date is June 14, 2005. For 2005, HUD is accepting electronic applications utilizing Grants.gov. See the General Section for specific instructions for application submissions procedures and timely filing. G. Additional Overview Content Information: 1. Purpose of the Program. The purpose of the Lead Hazard Reduction Demonstration Grant Program is to assist areas with the highest lead paint abatement needs in undertaking programs for abatement, inspections, risk assessments, temporary relocations, and interim control of lead-based paint hazards in eligible privately owned, single family housing units, and multifamily buildings that are occupied by low-income families. 2. Available Funds. Approximately $49.4 million. 3. Eligible Applicants. To be eligible to apply for funding under this program, the applicant must be a city, county, or similar unit of local government. States and Indian Tribes may apply on behalf of units of local government within their jurisdiction, if the local government designates the state or the Indian Tribe as their applicant. Multiple units of a local government (or multiple local governments) may apply as part of a consortium; however, you must identify a lead applicant that will be responsible for ensuring compliance with all requirements specified in this NOFA. State government and Native American tribal applicants must have an EPA approved State Program for certification of lead-based paint contractors, inspectors, and risk assessors in accordance with 40 CFR 745 in effect on the application deadline date to be eligible to apply for Lead Hazard Reduction Demonstration Grant funds. 4. Match. A statutory minimum of 25 percent match is required. Full Text of Announcement: I. Funding Opportunity Description A. Program Description. The Lead Hazard Reduction Demonstration Grant Program is authorized by Section 1011 of the Residential Lead- Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992, Public Law 102-550). HUD's authority for making funding available under this NOFA is the Consolidated Appropriations Act, 2005 (Pub. L. 108-477; approved December 8, 2004). The Lead Hazard Reduction Demonstration Grant Program assists States, Native American Tribes and local governments in undertaking programs for the identification and control of lead-based paint hazards in eligible privately owned rental and owner-occupied housing units. Refer to Section IV.E.3 of this NOFA for instructions on downloading the table, ``Eligibility of HUD Assisted Housing'' that lists the HUD- associated housing programs that meet the definition of eligible housing under this program. 1. Because lead-based paint is a national problem, these funds will be awarded to programs which: a. Maximize the combination of children protected from lead poisoning and housing units where lead-hazards are controlled; b. Target lead hazard control efforts at housing in which children are at greatest risk of lead poisoning; c. Stimulate cost-effective approaches that can be replicated; d. Emphasize lower cost methods of hazard control; e. Build local capacity to safely and effectively address lead hazards during lead hazard control, renovation, remodeling, and maintenance activities; and f. Affirmatively further fair housing and environmental justice. 2. The objectives of this program include: a. Implementation of a national strategy, as defined in Title X of the Housing and Community Development Act of 1992 (42 U.S.C. 4851 et seq.) (Title X), to build the community's capacity necessary to eliminate lead-based paint hazards in housing, as widely and quickly as possible by establishing a workable framework for lead-based paint hazard identification and control; b. Mobilization of public and private resources, involving cooperation among all levels of government, the private sector, including grassroots community-based nonprofit organizations, including faith-based organizations or other community-based organizations including fair housing organizations and advocates for Fair Housing Act protected classes to develop cost-effective methods for identifying and controlling lead-based paint hazards; c. Development of comprehensive community approaches which result in integration of all community resources (governmental, grassroots community-based nonprofit organizations, including faith-based organizations or other community-based organizations, and private businesses) to address lead hazards in housing; d. Integration of lead-safe work practices into housing maintenance, repair, weatherization, rehabilitation, and other programs that will continue after the grant period ends; e. Establishment of a public registry (listing) of lead-safe housing or inclusion of the lead-safe status of properties in another publicly accessible address-based property information system and affirmatively marketed to families with young children; and f. To the greatest extent feasible, promotion of job training, employment, and other economic opportunities for low-income and minority residents and businesses that are owned by and/or employ minorities and low-income persons as defined in 24 CFR 135.5 (see 59 FR 33881, June 30, 1994). 3. Changes in FY 2005 Competitive NOFA: a. Applicants must have at least 7,000 pre-1940 occupied rental housing units in order to apply under this NOFA. The threshold requirement was increased from 3200 under the FY2003 Lead Hazard Reduction Demonstration Grant Program NOFA and reflects the intent of Congress to provide funds to areas with the greatest need. b. Engineering and architectural activities that are required for, and in direct support of, lead hazard control work are direct costs that can be reimbursed from the 90 percent of the funds available that are to be used exclusively for lead-based paint abatement, interim controls, combined lead-based paint inspection and risk assessment, clearance testing, and relocation. These activities were eligible support costs that could be reimbursed through matching, leveraged or other available funds in FY 2004. c. The purchase or lease of a maximum of two X-ray fluorescence analyzers for use by this program, if not already available, can be reimbursed from the 90 percent of the funds available that are to be used exclusively for lead-based paint abatement, interim [[Page 13898]] controls, combined lead-based paint inspection and risk assessment, clearance testing, and relocation. These activities were eligible support costs that could be reimbursed through matching, leveraged or other available funds in FY 2004. d. For 2005, HUD is accepting electronic applications utilizing Grants.gov. See the General Section for specific instructions for application submissions procedures and timely filing. Applicants are to complete and submit the Rating Factor Tables included in Section IV of this NOFA. II. Award Information Funding Available. Approximately $49.4 million in Fiscal Year 2005 funds is available. The minimum award amount shall be $2 million per grant. The maximum award amount shall be $4 million per grant. Approximately 13 to approximately 25 grants will be awarded. The period of performance is 36 months. Period of performance extensions for delays due to exceptional conditions beyond the grantee's control will be considered for approval by HUD in accordance with 24 CFR 85.30(d)(2) and the Office of Healthy Homes and Lead Hazard Control (OHHLHC) Program Guide. Such extensions, when granted, are one time only, and for no longer than a period of one year. Applicants are encouraged to plan studies with shorter performance periods than 36 months. When developing your schedule you should consider the possibility that issues may arise that could cause delays. III. Eligibility Information See the General Section for additional eligibility requirements applicable to HUD Programs. A. Eligible Applicants 1. To be eligible to apply for funding under this program, the applicant must be a city, county, or similar unit of local government. States and Indian Tribes may apply on behalf of units of local government within their jurisdiction, if the local government designates the state or the Indian Tribe as their applicant. Multiple units of a local government (or multiple local governments) may apply as part of a consortium; however, you must identify a lead applicant that will be responsible for ensuring compliance with all requirements specified in this NOFA. State government and Native American tribal applicants must have an EPA approved State Program for certification of lead-based paint contractors, inspectors, and risk assessors in accordance with 40 CFR 745 in effect on the application deadline date to be eligible to apply for Lead Hazard Reduction Demonstration Grant funds. 2. Eligible applicants may submit only one application. In the event that multiple applications are submitted, this will be considered a technical deficiency and the application review process will be delayed until you notify HUD in writing which application should be reviewed. Your other applications will be returned without being rated or ranked. If you or any member of your consortium also applied for funding under the fiscal year 2005 Lead Hazard Control Grant Program Notice of Funding Availability or received funds under the fiscal year 2004 Lead Hazard Reduction Demonstration NOFA, you must discuss how both programs will operate concurrently and how program activities will be combined to achieve maximum benefits. If you achieve a score of 75 or higher in this competition and in the FY 2005 Lead Hazard Control Grant Program competition and fall within the fundable range in both competitions, prior to selection, HUD will evaluate your responses to Rating Factor 1--Capacity of the Applicant and Relevant Organization Experience and Rating Factor 3--Soundness of Approach (Work Plan/Budget), and determine whether you have the ability and capacity to successfully implement both grant programs concurrently. If you cannot demonstrate to HUD that you have the capacity to successfully implement both grant programs, HUD reserves the right to fund only one application. The applications for this NOFA can be found at http://www.grants.gov. The application is an electronics application. You must register at http://www.grants.gov to be able to submit your application. The General Section contains information submission requirements and procedures. Please carefully review the General Section before reading the program section so that you understand HUD's new electronic application process. B. Cost Sharing or Matching Matching Contribution. You must provide a matching contribution of at least 25% of the requested grant sum. This may be in the form of cash, including private sector funding, or in-kind (non-cash) contributions or a combination of these sources. With the exception of Community Development Block Grant (CDBG) funds, Federal Revenue Sharing programs, or other programs which by statute allow their funds to be considered local funds and therefore eligible to be used as matching funds, Federal funds may not be used to satisfy the statutorily required 25 percent matching requirement. Federal funds may be used, however, for contributions above the statutory requirement. The signature of the authorized official on the Form SF-424 commits matching or other contributed resources of the applicant organization. A separate letter of commitment for the match from the applicant organization is not required; however, the applicant must submit a letter of commitment from each organization other than itself that is providing a match, whether cash or in-kind. The letter must describe the contributed resources that you will use in the program and their designated purpose. C. Other 1. Threshold Requirements. As an eligible applicant, you must also meet all of the threshold requirements in Section III. C of the General Section as well as the specific threshold requirements listed in this subsection. Applications will not be funded if they do not meet the threshold requirements. a. Applicants must provide a minimum of 25% of the grant funds requested as a matching contribution. b. Applicants must have at least 7,000 pre-1940 occupied rental housing units in order to apply under this NOFA. Failure to provide the number of pre-1940 occupied rental units in the Factor 2 Table will result in the application not being rated or ranked. c. Provide the actual number of children with documented elevated blood lead levels residing within the applicant's jurisdiction(s) for the most recent complete calendar year and identify the source of the data. Failure to provide these data will result in the application not being rated or ranked. d. State government and Native American tribal applicants must have an EPA approved State Program for certification of lead-based paint contractors, inspectors, and risk assessors in accordance with 40 CFR 745 in effect on the application deadline date to be eligible to apply for Lead Hazard Reduction Demonstration Grant funds. The approval date in the Federal Register notice published by the EPA will be used in determining the Training and Certification status of the applicant state or Indian (Native American) Tribal government. If you do not have an EPA authorized program, the application will not be rated and ranked. 2. Program Requirements. a. Environmental Requirements. Recipients of lead-based paint hazard reduction demonstration grants must comply with 24 CFR part 58, [[Page 13899]] ``Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities.'' Recipients and other participants in the project are prohibited from committing or expending HUD and non-HUD funds on the project until HUD approves the recipient's Request for the Release of Funds (form HUD 7015.15) or the recipient has determined that the activity is either Categorically Excluded, not subject to the related Federal laws and authorities pursuant to 24 CFR 58.35(b) or exempt pursuant to 24 CFR 58.34. For part 58 procedures, see http:// www.hud.gov/offices/cpd/energyenviron/environment/index.cfm. For assistance, contact Karen Choi, the Office of Healthy Homes and Lead Hazard Control Environmental Officer at (213) 534-2458 (this is not a toll free-number) or the HUD Environmental Review Officer in the HUD Field Office serving your area. If you are a hearing-or speech-impaired person, you may reach the telephone number via TTY by calling the toll- free Federal Information Relay Service at 1-800-877-8339. Recipients of a grant under this funded program will be given additional guidance in these responsibilities. b. Executive Order 13202. Compliance with HUD regulations at 24 CFR 5.108 that implement Executive Order 13202, ``Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally-Funded Construction Projects,'' is a condition of receipt of assistance under this NOFA. c. Lead Hazard Control work must be conducted in compliance with HUD's Lead-Safe Housing Regulation, 24 CFR part 35. d. Prohibited Practices. You must not engage in the following prohibited practices: (1) Open flame burning or torching; (2) Machine sanding or grinding without a high-efficiency particulate air (HEPA) exhaust control; (3) Uncontained hydro blasting or high-pressure wash; (4) Abrasive blasting or sandblasting without HEPA exhaust control; (5) Heat guns operating above 1,100 degrees Fahrenheit; (6) Chemical paint strippers containing methylene chloride or other volatile hazardous chemicals in a poorly ventilated space; and (7) Dry scraping or dry sanding, except scraping in conjunction with heat guns or around electrical outlets or when treating no more than two square feet in any one interior room or space, or totaling no more than 20 square feet on exterior surfaces. e. Written Policies and Procedures. You must have clearly established written policies and procedures for eligibility, program marketing, unit selection, expediting work on homes occupied by children with elevated blood lead levels, and all phases of lead hazard control, including risk assessment, inspection, development of specifications, pre-hazard control blood lead testing, financing, relocation, and clearance testing. Grantees, subcontractors, sub- grantees, sub-recipients, and their contractors must adhere to these policies and procedures. f. Continued Availability of Lead-Safe Housing to Low-Income Families. Units in which lead hazards have been controlled under this program shall be occupied by and/or continue to be available to low- income families for at least three years as required by Title X (Section 1011). You must maintain a publicly available registry (listing) of units in which lead hazards have been controlled and ensure that these units are affirmatively marketed to agencies and families as suitable housing for families with children under six years of age. The grantee must also notify the owner of the information that is collected so that the owner will comply with disclosure requirements under 24 CFR part 35, subpart A. g. Testing. In developing your application budget, include costs for lead paint inspection, risk assessment, and clearance testing for each dwelling that will receive lead hazard control, as follows: (1) General. All testing and sampling shall conform to the current HUD Guidelines and Federal, state, or tribal regulations developed as part of the appropriate contractor certification program whichever is more stringent. It is particularly important to provide this full cycle of testing for lead hazard control, including interim controls. Testing must be conducted according to the HUD Guidelines, located at http:// www.hud.gov/offices/lead/guidelines/hudguidelines/index.cfm, and the EPA lead hazard standards rule at 40 CFR part 745. All test results must be provided to the owner in a timely fashion, together with a notice describing the owner's legal duty to disclose the results to tenants and buyers under 24 CFR part 35, subpart A. (a) Lead-Based Paint and Lead-Based Paint Hazard Identification. A combined lead-based paint inspection and risk assessment is required. You should ensure that lead paint inspection and risk assessment reports are conducted in accordance with established protocols and sufficient to support hazard control decisions. (b) Clearance Testing. Clearance testing shall be completed in accordance with Chapter 15 of the HUD Guidelines and the EPA lead hazards standards rule at 40 CFR part 745 for abatement projects and the Lead-Safe Housing Regulation (24 CFR part 35) for lead hazard control activities or other abatement. In the case of multifamily housing for which random sampling of units for clearance is done after lead hazard control work, all units represented by the randomly selected units successfully cleared shall be credited toward the number of units controlled under this grant. The clearance standards shall be the more restrictive of those set by the local jurisdiction or by EPA or HUD. (c) Blood lead testing. Before lead hazard control work begins, each occupant who is under six years of age should be tested for lead poisoning within the six months preceding the housing intervention. Any child with an elevated blood lead level must be referred for appropriate medical follow-up. The standards for such testing are described in the Centers for Disease Control and Prevention (CDC) publications Preventing Lead Poisoning in Young Children (1991), and Screening Young Children for Lead Poisoning: Guidance for State and Local Public Health Officials (1997). h. Cooperation with Related Research and Evaluation. (1) You shall cooperate fully with any research or evaluation sponsored by HUD, CDC, EPA or other government agency associated with this grant program, including preservation of project data and records and compiling requested information in formats provided by the researchers, evaluators, or HUD. This may also include the compiling of certain relevant local demographic, dwelling unit, and participant data not contemplated in your original proposal. Participant data shall be subject to Privacy Act protection. (2) If your program includes conducting research involving human subjects in a manner which requires Institutional Review Board (IRB) approval and periodic monitoring, address how you will obtain such approval and your monitoring plan (before you can receive funds from HUD for activities that require IRB approval, you must provide an assurance that your study has been reviewed and approved by an IRB and evidence of your organization's institutional assurance). Describe how you will provide informed consent (e.g., from the subjects, their parents, or their guardians, as applicable) to help ensure their understanding of, and consent to, [[Page 13900]] the elements of informed consent, such as the purposes, benefits, and risks of the research. Describe how this information will be provided and how the consent will be collected. For example, describe your use of `plain language' forms, flyers, and verbal scripts, and how you plan to work with families with limited English proficiency or primary languages other than English, and with families which include persons with disabilities. i. Data collection. You will be required to collect and maintain the data necessary to document the various lead hazard control methods used and the cost of these methods. j. Section 3 Employment Opportunities. Please refer to Section III.C. of the General Section. The requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) are applicable to this program. In your application you should demonstrate how you will ensure that, to the greatest extent feasible, training, employment, and other economic opportunities will be directed to low- and very-low income persons, particularly those who are recipients of government assistance for housing, and business concerns that provide economic opportunities to low- and very low-income persons. If you are funded, you will be required to submit Form HUD-60002 annually. k. Replacing Existing Resources. Funds received under this grant program shall not be used to replace existing community resources dedicated to any ongoing project. l. Conducting Business in Accordance with HUD Core Values and Ethical Standards Refer to the General Section for information about conducting business in accordance with HUD's core values and ethical standards. m. Procurement of Recovered Materials. See the General Section for information concerning this requirement. 3. DUNS Requirement. Refer to the General Section for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD. V. Application and Submission Information A. Web Address To Access an Application Package Copies of this published NOFA and application forms for this program may be downloaded from the Grants.gov Web site at http://www.grants.gov. If you have difficulty accessing the information you may call the Grants.gov help line toll-free at (800) 518-GRANTS or e- mailing [email protected]. Help line customer representatives will assist you in accessing the information. For further general information, you can contact the NOFA Information Center at (800) HUD- 8929. If you are hearing impaired, you may reach the numbers above through (800) HUD-2209 (TTY) (these are toll-free numbers). B. Content and Form of Application Submission 1. The application must be submitted no later than June 14, 2005. See the General Section for specific instructions for application submissions procedures and timely filing. a. Applicant Information. (1) Application Format. The application narrative response to the Rating Factors from new and eligible prior grantees is limited to a maximum of 15 pages (excluding attachments and worksheets) of size 8\1/ 2\'' x 11'' using a 12-point font with not less than \3/4\'' margins on all sides. Attachments should be referenced and discussed in the narrative response. Materials provided in the attachments should directly apply to the specific rating factor narrative. Information that is not referenced or does not directly apply to a specific narrative response will not be rated or ranked by reviewer. (The forms required for application submission and instructions can be found in the application at http://www.grants.gov. and in the General Section.) (2) Applicants are encouraged to use the following checklist to ensure that all required materials have been prepared and submitted. You are not required to submit this checklist with your application. Checklist and Submission Table of Contents Lead Hazard Reduction Demonstration Grant Program [sbull] Applicant Abstract (limited to a maximum of 2 pages). [sbull] Rating Factor Response (limited to a maximum of 15 pages). 1. Capacity of the Applicant and Relevant Organizational Experience--Form HUD-96012. 2. Needs/Extent of the Problem--Form HUD-96013. 3. Soundness of Approach--Form HUD-96014; and Work Plan Development Worksheet with Minimum Benchmark Standards for 36 Months--Form HUD- 96008. 4. Leveraging Resources--Form HUD-96015. 5. Achieving Results and Program Evaluation--Form HUD-96010 Logic Model. [sbull] Required materials in response to rating factors (does not count towards 15-page limit). Form SF-424. Form SF-424 Supplemental. Form HUD-424CB. Form HUD-424CBW, Total Budget (Federal Share and Matching) with Supporting Narrative and Cost Justification. Form HUD-27300 Questionnaire for HUD's Initiative on Removal of Regulatory Barriers, including any documentation required (note that currently validated Web site (URL) references to any such documents may be provided in place of providing copies of them in the application). Form HUD-2880 Disclosure and Update Report. Form HUD-2990 Certification of Consistency with the RC/EZ/EC-II Strategic Plan. Form HUD-2991 Certification of Consistency with the Consolidated Plan. Form SF-LLL Disclosure of Lobbying Activities Required (if required). Form HUD-96011, Facsimile Transmittal to be used for faxing third party letters and other documents for your electronic application in accordance with the instructions in the General Section. HUD's Waiver from submitting electronically (if applicable). Form HUD-2993 Acknowledgment of Application Receipt (if waiver was granted). Form HUD-2994 Client Comments and Suggestions (completion of this form is optional). Threshold Requirements Copy of Lead-Based Paint Element in Consolidated Plan. 25 Percent Matching Contribution, including any documentation required. [sbull] Optional material in support of the Rating Factors (20 page limit). (3) The following are instructions on the items to be submitted as part of the application. See the General Section for instructions for submitting third party documents and electronic files: (a) Abstract Summary. An abstract describing the goals and objectives of your proposed program (2-page limit, single-spaced, 12- point standard font, \3/4\-inch margins) must be included in the proposal. The abstract should include the title of your proposed project, the name, mailing address and telephone number of the principal contact person for the primary entity and the same information for sub-contractors, partners, etc. (b) Budget. A detailed budget (total budget is the Federal share and matching contribution (Form HUD [[Page 13901]] 424CBW) with supporting narrative and cost justifications for all budget categories of your grant request. You must provide a separate estimate for the overall grant management element (Administrative Costs), which is more fully defined in Section IV.E.2. of this NOFA. The budget shall include not more than 10% for administrative costs and not less than 90% for direct project elements. Applicants are to identify the direct lead hazard control costs that meet this requirement. A detailed budget must also be provided for any subcontractors, subgrantees, or subrecipients receiving greater than 10 percent of the Federal budget request. In the event of a discrepancy between grant amounts requested in various sections of the application, the amount you indicate on the SF-424 will govern as the correct value. (c) Matching Contribution. An itemized breakout (using the HUD 424 CBW) of your required matching contribution, including: (i) Values placed on donated in-kind services; (ii) Letters or other evidence of commitment from donors; and (iii) The amounts and sources of contributed resources. (d) Application Forms. See unit IV.B.1.a.(2), above, for the list of application forms. (e) Grant Partners. Contracts, Memoranda of Understanding or Agreement, letters of commitment or other documentation describing the proposed roles of agencies, local broad-based task forces, participating grassroots community-based nonprofit organizations, including faith-based organizations and other community or neighborhood-based groups or organizations, local businesses, and others working with the program. (f) Consolidated Plan Element. (This Consolidated Plan requirement does not apply to Native American Tribes.) If your jurisdiction has a current HUD-approved Consolidated Plan, you must submit, as an attachment (or a currently validated Web site (URL) reference, instead), a copy of the lead-based paint element included in the approved Consolidated Plan. You should include the discussion of any lead-based paint issues in your jurisdiction's Analysis of Impediments (AI) to fair housing, particularly as it addresses your target areas. If you (the applicant agency) also submitted an application as an eligible applicant for the fiscal year 2005 Lead Hazard Control Grant Program NOFA you may refer to this Consolidated Plan and AI material in your other application for proof of documentation, and you are not required to resubmit this material for this NOFA. If your jurisdiction does not have a currently approved Consolidated Plan, but it is otherwise eligible for this grant program, you must include your jurisdiction's abbreviated Consolidated Plan, which includes a lead- based paint hazard control strategy developed in accordance with 24 CFR 91.235. (g) Rating Factor Response. You should include a narrative statement addressing the rating factors for award. Number the pages of your narrative statement and include a header and a footer that provides the name of the applicant and the name of the program to which you are applying. Narrative statements provided as part of the application should be individually labeled to identify the rating factor to which the narrative is responding (e.g. Factor 1, Capacity, etc.). The overall response to the rating factors must not exceed a total of 15 pages including all rating factors (single-sided, single- spaced, 12 point standard font, \3/4\-inch margins). Any pages in excess of this limit will not be read. (h) Objectives and Milestones Specific and measurable performance objectives and milestones to be developed in support of the work plan narrative include: (1) The overall objectives for lead hazard control activities including the total number of lead hazard evaluations, units projected to be completed and cleared, and the expenditure of Federal grant funds (HUD Agreement HUD-1044). Quarterly performance milestones are to be developed to achieve the overall objectives for these activities. (2) Performance benchmarks for the 36-month grants in this program that have been developed shall be used. The benchmark worksheet included in this NOFA can be downloaded from the HUD Web site at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Development of your work plan must include and reflect these benchmark standards. b. Your application must contain all of the required information noted in this Program Section and the General Section. The forms required for application submission and instructions can be found in the application at http://www.grants.gov. C. Submission Dates and Times 1. Application Due Dates: Applications submitted through http://www.grants.gov must be received by Grants.gov no later than 11:59:59 p.m. eastern time on June 14, 2005. All narrative files and any scanned documents must be submitted as a zip file, single attachment to the electronic application. Refer to the General Section for additional submission requirements including acceptable submission dates, times, methods, acceptable proof of application submission and receipt procedures, and other information regarding application submission. Materials associated to your electronic application submitted by facsimile transmission must also be received by 11:59:59 p.m. on the application submission date. Make sure you see the General Section for how to submit third party letters and other documents as part of your electronic submission utilizing form HUD-96011, Facsimile Transmittal. Applicants receiving a wavier of the electronic submission requirement must submit their application to the United States Postal Service for delivery no later than 11:59:59 p.m. eastern time on the application due date. D. Intergovernmental Review Not required. E. Funding Restrictions 1. Eligible Activities. HUD is interested in promoting lead hazard control approaches that result in the reduction of elevated blood lead levels in children for the maximum number of low-income families with children under six years of age, for the longest period of time, and that demonstrate techniques which are cost-effective, efficient, and replicable elsewhere. Copies of HUD's Lead-Safe Housing Regulation, and the companion publication ``Interpretive Guidance: The HUD Regulation on Controlling Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally Owned Housing Being Sold,'' are available from the National Lead Information Clearinghouse at 1-800-424-LEAD (this is a toll-free number). If you are a hearing- or speech-impaired person, you may reach the telephone number via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339. Copies are also available from the Office of Healthy Homes and Lead Hazard Control Web site at: http://www.hud.gov/offices/lead. a. Not less than 90 percent of the funds made available shall be used exclusively for abatement and/or interim controls (with clearance testing), inspections, risk assessments, and temporary relocations. These include Direct Project Elements (1)-(5) listed below and undertaken directly or through sub-recipients: (1) Performing dust testing, combined lead-based paint inspections and risk assessments, and engineering and [[Page 13902]] architectural activities that are required for, and in direct support of, interim control and lead hazard abatement work of eligible housing units constructed prior to 1978 to determine the presence of lead-based paint and/or lead hazards from paint, dust, or soil through the use of acceptable testing procedures. The purchase or lease of a maximum of two X-ray fluorescence analyzers used by the grant program, if not already available, are eligible costs. All test results must be provided to the owner of the unit, together with a notice describing the owner's legal duty to disclose the results to tenants and buyers. (2) Conducting lead hazard control activities that may include any combination of the following: (a) Interim controls of lead-based paint hazards including lead- contaminated soil in housing that must include specialized cleaning techniques to address lead dust, according to the HUD Guidelines, located at http://www.hud.gov/offices/lead/guidelines/hudguidelines/ index.cfm. (b) Abatement. The complete abatement of all lead-based paint hazards in a unit or structure is acceptable if it is cost-effective. Abatement of lead-contaminated soil should be limited to areas with bare soil in the immediate vicinity of the structure, i.e. drip line or foundation of the unit being treated, and children's play areas. All lead hazards identified in a housing unit enrolled in this grant program must be controlled or eliminated by any combination of these strategies. (3) Carrying out temporary relocation of families and individuals to decent, safe and sanitary housing during the period in which hazard control is conducted and until the time the affected unit receives clearance for re-occupancy. If families or individuals are temporarily relocated in a project which utilizes Community Development Block Grant funds, the guidance and requirements of 24 CFR 570.606(b)(2)(i)(D)(1)- (3) must be met. HUD recommends you review these regulations when preparing your proposal. (4) Undertaking minimal housing rehabilitation activities that are specifically required to carry out effective hazard control, and without which the hazard control could not be completed and maintained. These grant funds may be used for lead hazard control work done in conjunction with other housing rehabilitation programs. HUD encourages integration of this grant program with housing rehabilitation, maintenance, weatherization, and other energy conservation activities. (5) Conducting clearance dust-wipe testing and laboratory analysis (the laboratory must be recognized by the National Lead Laboratory Accreditation Program (NLLAP) as being capable of performing lead analyses of samples of paint, dust-wipes, and/or soil). 2. Ineligible Activities. You may not use grant funds for: (1) Purchase of real property. (2) Purchase or lease of equipment having a per unit cost in excess of $5,000, except for the purchase of X-ray fluorescence analyzers. (3) Chelation or other medical treatment costs related to children with elevated blood lead levels. Non-federal funds used to cover these costs may be counted as part of the required matching contribution. (4) Lead hazard control activities in publicly owned housing, or project-based Section 8 housing (this housing stock is not eligible under Section 1011 of the Lead-Based Paint Hazard Reduction Act). (5) Activities that do not comply with the Coastal Barrier Resources Act (16 U.S.C. 3501). (6) Hazard control of a building or manufactured home that is located in an area identified by the Federal Emergency Management Agency (FEMA) under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128), as having special flood hazards unless: (a) The community in which the area is situated is participating in the National Flood Insurance Program in accordance with the applicable regulations (44 CFR parts 59-79), or less than a year has passed since FEMA notification regarding these hazards; and (b) Where the community is participating in the National Flood Insurance Program, flood insurance on the property is obtained in accordance with section 102(a) of the Flood Disaster Protection Act (42 U.S.C. 4012a(a)). You are responsible for assuring that flood insurance is obtained and maintained for the appropriate amount and term. d. Program Specific Requirements. (1) Work Activities. All lead hazard control activities must be conducted in compliance with the applicable requirements of HUD's Lead- Safe Housing Regulation, 24 CFR part 35, and as clarified in HUD's Interpretive Guidance about the rule located at http://www.hud.gov/ offices/lead/guidelines/leadsaferule/index.cfm. Activities must also comply with any additional requirements in effect under a state or Tribal Lead-Based Paint Training and Certification Program that has been authorized by the EPA pursuant to 40 CFR 745.320. (2) Direct Lead Hazard Identification and Control Activities. Not less than 90 percent of the funds made available shall be used exclusively for abatement, inspections, risk assessments, temporary relocations, and interim control of lead-based hazards. (3) By September 30, 2006, applicants that received a Lead Hazard Reduction Demonstration grant under the FY 2005 competition are to participate in an established statewide or jurisdiction-wide strategic plan to eliminate childhood lead poisoning as a major public health problem by 2010, or are to assist in the development of such a plan (further guidance will be provided to grantees on developing the elimination plan). New applicants are encouraged to include an outline of the steps that they will take to participate in or develop a statewide or jurisdiction-wide strategic plan. Applicants are encouraged to collaborate with Centers for Disease Control and Prevention (CDC) Childhood Lead Poisoning Prevention grantees, which are now required to develop such plans. At a minimum, the plan must include the following elements: (a) Mission Statement; (b) Purpose and Background on Lead Poisoning Prevalence; (c) Goals, Objectives, and Activities; and (d) Evaluation Plan. 2. Administrative Costs. There is a 10 percent maximum for administrative costs as specified in Section 1011(j) of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992, Public Law 102-550). Additional information about allowable administrative costs is provided below. a. Purpose. The intent of this HUD grant program is to allow the Grantee to be reimbursed for the reasonable direct and indirect costs, for the overall management of the grant. In most instances the grantee, whether a State or a local government, principally serves as a conduit to pass funding to sub-grantees, which are to be responsible for conducting lead-hazard reduction work. Congress set a maximum of ten percent of the total grant sum for the grantee to perform the function of overall management of the grant program, including passing on funding to sub-grantees. The cost of that function, for the purpose of this grant, is defined as the ``administrative cost'' of the grant, and is limited to ten percent of the total grant amount. The balance of ninety percent or more of the total grant sum [[Page 13903]] is reserved for sub-grantees or other direct-performers of lead-hazard identification and reduction work including relocation. For purposes of the Lead-Based Paint Hazard Reduction Demonstration Grant Program, lead hazard identification and reduction includes lead paint inspection/risk assessments, interim controls, abatement of lead hazards, clearance testing, and relocation. b. Administrative Costs: What They Are Not. For the purposes of this HUD grant program for States and local governments to provide support for the evaluation and reduction of lead-hazards in low- and moderate-income, private target housing, the term ``administrative costs'' should not be confused with the terms ``general and administrative cost,'' ``indirect costs,'' ``overhead,'' and ``burden rate.'' These are accounting terms usually represented by a government- accepted standard percentage rate. The percentage rate allocates a fair share of an organization's costs that cannot be attributed to a particular project or department (such as the chief executive's salary or the costs of the organization's headquarters building) to all projects and operating departments (such as the Fire Department, the Police Department, the Community Development Department, the Health Department or this program). Such allocated costs are added to those projects' or departments' direct costs to determine their total costs to the organization. c. Administrative Costs: What They Are. For the purposes of this HUD grant program, ``Administrative Costs'' are the grantee's allowable direct costs for the overall management of the grant program plus the allocable indirect costs. The allowable limit of such costs that can be reimbursed under this program is ten (10) percent of the total grant sum. Should the grantee's actual costs for overall management of the grant program exceed ten percent of the total grant sum, those excess costs shall be paid for by the grantee. However, excess costs paid for by the grantee may be shown as part of the requirement for cost-sharing funds to support the grant. d. Administrative Costs Definition: (1) General. Administrative costs are the allowable, reasonable, and allocable direct and indirect costs related to the overall management of the HUD grant for lead-hazard reduction activities. Those costs shall be segregated in a separate cost center within the grantee's accounting system, and they are eligible costs for reimbursement as part of the grant, subject to the ten percent limit. Such administrative costs do not include any of the staff and overhead costs directly arising from specific sub-grantee program activities eligible under this NOFA, because those costs are eligible for reimbursement under a separate cost center as a direct part of project activities. The grantee may elect to serve solely as a conduit to sub-grantees, who will in turn perform the direct program activities eligible under this NOFA, or the grantee may elect to perform all or a part of the direct program activities in other parts of its own organization, which shall have their own segregated, cost centers for those direct program activities. In either case, not more than 10 percent of the total HUD grant sum may be devoted to administrative costs, and not less than 90% of the total grant sum shall be devoted to direct program activities. The grantee shall take care not to mix or attribute administrative costs to the direct project cost centers. (2) Specific. Reasonable costs for the grantee's overall grant management, coordination, monitoring, and evaluation are eligible administrative costs. Subject to the ten percent limit, such costs include, but are not limited to, necessary expenditures for the following goods, activities and services: (a) Salaries, wages, and related costs of the grantee's staff, the staff of affiliated public agencies, or other staff engaged in grantee's overall grant management activities. In charging costs to this category the recipient may either include the entire salary, wages, and related costs allocable to the program for each person whose primary responsibilities (more than 65% of their time) with regard to the grant program involve direct overall grant management assignments, or the pro rata share of the salary, wages, and related costs of each person whose job includes any overall grant management assignments. The grantee may use only one of these two methods during this program. Overall grant management includes the following types of activities: (i) Preparing grantee program budgets and schedules, and amendments thereto; (ii) Developing systems for the selection and award of funding to sub-grantees and other sub-recipients; (iii) Developing suitable agreements for use with sub-grantees and other sub-recipients to carry out grant activities; (iv) Developing systems for assuring compliance with program requirements; (v) Monitoring sub-grantee and sub-recipient activities for progress and compliance with program requirements; (vi) Preparing presentations, reports, and other documents related to the program for submission to HUD; (vii) Evaluating program results against stated objectives; (viii) Providing local officials and citizens with information about the overall grant program; however, a more general education program, helping the public understand the nature of lead hazards, lead hazard reduction, blood-lead screening, and the health consequences of lead poisoning is a direct project support activity); (ix) Coordinating the resolution of overall grant audit and monitoring findings; and (x) Managing or supervising persons whose responsibilities with regard to the program include such assignments as those described in paragraphs (a) through (i). (b) Travel costs incurred for official business in carrying out the overall grant management; (c) Administrative services performed under third party contracts or agreements, for services directly allocable to grant management such as: legal services, accounting services, and audit services; (d) Other costs for goods and services required for and directly related to the overall management of the grant program; and including such goods and services as telephone, postage, rental of equipment, renter's insurance for the program management space, utilities, office supplies, and rental and maintenance (but not purchase) of office space for the program. (e) The fair and allocable share of grantee's general costs that are not directly attributable to specific projects or operating departments such as salaries, office expenses and other related costs for local officials (e.g., mayor and city council members, etc.), and expenses for a city's legal or accounting department which are not charged back to particular projects or other operating departments. If a grantee has an established burden rate, it should be used; if not, the grantee shall be assigned a negotiated provisional burden rate, subject to final audit. 3. Eligibility of HUD-Assisted Housing. The table, ``Eligibility of HUD-Assisted Housing,'' available at http://www.hud.gov/offices/adm/grants/fundsavail.cfm, lists the ``eligible'' housing units that may participate under the Lead Hazard Reduction Demonstration Grant Program F. Other Submission Requirements: Other Submission Requirements Beginning in FY 2005, HUD requires applicants to submit applications electronically through Grants.gov. Applicants interested in applying for funding must submit their application [[Page 13904]] electronically via the Web site http://www.grants.gov unless you request and are granted a waiver to the electronic submission requirements. This site has easy to follow step-by-step instructions that will enable you to apply for HUD assistance. The http://www.grants.gov Web site includes a simple, unified application process to enable applicants to apply for grants online. See section IV.F of the General Section for additional information on the electronic process and how to request a waiver from the requirement. V. Application Review Information A. Criteria 1. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (20 Points) This factor addresses your organizational capacity necessary to successfully implement the proposed activities in a timely manner. The rating of the ``applicant'' or the ``applicant's staff'' for technical merit or threshold compliance, unless otherwise specified, includes any grassroots community-based nonprofit organizations, including faith- based organizations sub-contractors, consultants, sub-recipients, and members of consortia that are firmly committed to your project. In rating this factor, HUD will consider: a. The applicant's recent, relevant and successful demonstrated experience (including working with governmental, parent groups, and grassroots community-based nonprofit organizations, including faith- based organizations and other community-based partners) to undertake eligible program activities. Applicants are to identify the organizations or entities that will assist the applicant in implementing the program. The applicant must describe the knowledge and experience of the current or proposed overall project director and day- to-day program manager in planning and managing large and complex interdisciplinary programs, especially involving housing rehabilitation, public health, or environmental programs. The applicant must demonstrate that it has sufficient personnel or will be able to retain qualified experts or professionals, and be prepared to perform lead hazard evaluation, lead hazard control intervention work, and other proposed activities within 120 days of the effective date of the grant award. HUD reserves the right to terminate the grant if sufficient personnel or qualified experts are not retained within these 120 days. In the narrative response for this factor, you should include information on your program staff, their experience, their commitment to the program, salary information, and position titles. Resumes (for up to three key personnel) or position descriptions for those key personnel to be hired, and a clearly identified organizational chart for the lead hazard control grant program effort (and for the overall organization) must be included in an appendix. Indicate the percentage of time that key personnel will devote to your project (see Factor 1 Table--Key Personnel and Partners). The applicant's day-to-day program manager must be experienced in the management of housing rehabilitation or lead hazard control, childhood lead poisoning prevention, or similar work involving project management. Ideally, the program manager should be available at the inception of the program in order to implement this comprehensive program within the 120-day period after the effective date of the grant award. The applicant should provide a description of any previous experience in enrolling units and in completing lead hazard control work, housing rehabilitation or other work in a timely and effective manner. Describe how any other principal components of your agency, other public entities, or other organizations will participate in implementing or otherwise supporting or participating in the grant program. You may demonstrate capacity by thoroughly describing your prior experience in initiating and implementing lead hazard control efforts and/or related environmental, health, or housing projects. You should indicate how this prior experience will be used in carrying out your proposed comprehensive Lead Hazard Reduction Demonstration Grant Program. b. The applicant should discuss their plans to participate in or develop a statewide or jurisdiction-wide strategic plan to eliminate childhood lead poisoning as a major public health problem by 2010. c. If the applicant received any previous HUD Lead-Based Paint Hazard Control Grant funding, this past experience will be evaluated in terms of cumulative progress and achievements under the previous grant(s). Where the applicant has received multiple HUD Lead Hazard Control Grants, performance under the most recent grant award will be primarily evaluated. If you are a current or prior grantee, you must provide the detail necessary to assure HUD that you will implement the proposed work immediately and perform it concurrently with existing lead hazard control grant work. The applicant must provide a description of its progress and performance implementing the most recent grant award including the total number enrolled, assessed, and completed and cleared as a result of program efforts. The applicant must also describe outcomes, capacity building efforts and impediments experienced during a previous Lead Hazard Control Grant program. Other work plan activities and tasks associated with implementing HUD's Lead- Safe Housing Regulation, integrating lead-safe work practices into the private market, and promoting effective education, outreach, and other training activities should be described. The applicant should also describe specific instances where the program has contributed positive impacts in the community, and indicate what activities were undertaken to develop, enhance or expand the local infrastructure through collaboration. HUD's evaluation process will consider an applicant's past performance record as reported to HUD in effectively organizing and managing their grant operations, in meeting performance and work plan benchmarks and goals, and in managing funds, including their ability to account for funds appropriately, the timely use of funds received either from HUD or other Federal, state or local programs, and meeting performance milestones. HUD may also use other information relating to these items from sources at hand, including public sources such as newspapers, Inspector General or Government Accounting Office Reports or Findings, hotline complaints, or other sources of information that have been proven to have merit. Applicants are to complete the Factor 1 Table to support the narrative information submitted. 2. Rating Factor 2: Need/Extent of the Problem (15 points) This factor addresses the extent to which there is a need for the proposed program to address a documented problem related to lead-based paint and lead-based paint hazards in your identified target area(s). An applicant will be scored in this rating factor based on their documented need as evidenced by thorough, credible, and appropriate data and information. The evaluation will be based only on the applicant's documentation of the data requested. The data submitted in response to this rating factor will be verified using data available from the Census, HUDuser, other data available to HUD and/or in cooperation with the Centers for Disease Control and Prevention. The applicant is to complete the Factor 2 Table--Need/Extent of the Problem in Section IV of this NOFA. [[Page 13905]] A maximum of 15 Points will be awarded in this rating factor based on the information documenting the number of children under age 6 years with an elevated blood lead level (EBL, that is a level of 10 [mu]g/dL or more) and the number of pre-1940 occupied rental housing units in the applicant's jurisdiction. a. Documented Number of Children with an Elevated Blood Lead Level (EBL) (10 Points). Provide the actual number of children under age 6 with an elevated blood lead level residing within the applicant's jurisdiction(s) for the most recent complete calendar year and identify the source of the data. Data prior to calendar year 2001 will not be accepted. States must report the number in the city, county, or other area where funds will actually be used. Consortia of local governments must report the number in the cities or counties making up the consortium. For the purposes of this application, a ``documented case'' of childhood lead poisoning is a child under six years of age with a blood lead level test result equal to or greater than 10 micrograms of lead per deciliter of blood, which was performed by a medical health care provider. The actual number of children with an elevated blood lead level (not an estimate) in the applicant's jurisdiction must be reported to HUD in order to be eligible for this grant program. Do not send the children's names or addresses or other identifiers. Failure to provide this number in the application means that the application will not be rated or ranked. (1) Applicants are to complete the Factor 2 Table to document the number of children with an elevated blood lead level. Points will be awarded based on the documented number of children with an elevated blood lead level according to the table, ``Points Awarded for Number of Children Under Age 6 Years with an Elevated Blood Lead Level in Target Area,'' that can be downloaded from http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The table shows the number of points awarded based on the number of children with an elevated blood lead level in the grant target area(s). b. Housing market data relevant to the applicant's jurisdiction Housing Age (5 Points). Housing Age for the following sub-categories: pre-1940, 1940-1949, 1950-1959, 1960-1969, 1970-1979, and 1980 or newer, are to be provided using the Factor 2 Rating Factor Table provided in Section IV.B.c. (1) Points will be awarded for the number of pre 1940 occupied rental units in the applicant's jurisdiction according to the table, ``Points Awarded for Number of Pre-1940 Occupied Rental Housing Units in Target Area,'' that can be downloaded from http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The table shows the number of points awarded based on the number of pre-1940 occupied rental housing units in the grant target area(s). 3. Rating: Soundness of Approach/Work Plan/Budget (45 points). This factor addresses the quality and cost-effectiveness of your proposed work plan. Applicants should develop a work plan that includes specific, measurable, and time-phased objectives for each major program activity. The applicant's work plan should reflect benchmark standards for production, expenditures, and other activities that have been developed by the Office of Healthy Homes and Lead Hazard Control. These benchmark standards, as well as policy guidance on developing work plans have been included in the Section IV of this NOFA and are available at the HUD Web site at: http://www.hud.gov/offices/lead/lhc/ pgi/index.cfm. This policy guidance provides a sample format and outline for developing a Lead Hazard Reduction Demonstration Grant Program Work Plan. a. An applicant is to identify and describe specific methods, measures, and tools that you will use (in addition to HUD reporting requirements) to measure progress, evaluate program effectiveness, and identify program changes necessary to improve performance. Describe how you will obtain, document, and report the information. In evaluating this, HUD will consider how you have described outcome measures and benefits of your program including: b. How your program will be held accountable for meeting program goals, objectives, and the actions undertaken in implementing the grant program. Applicants should provide a description of the mechanism to assess progress and track performance in meeting the goals and objectives outlined in the work plan. c. Applicants should describe the proposed activities and provide HUD with measurable outcome results to be achieved with the requested funds. Measurable outcome results should be stated in terms relevant to the purpose of the program funds as a direct result of the work performed within the performance period of the grant (e.g., estimated number of units to be made lead-safe, estimated number of children living in units made lead-safe, and the basis for these estimates). Each proposed activity must be eligible as described in the NOFA and meet statutory requirements for assistance to low- and very low-income persons. (1) Lead Hazard Control Work Plan Strategy (20 points). Describe your work plan goals and specific time-phased strategy to complete work under the grant within the 36-month period of performance for your lead hazard control grant program. You should provide information on: (a) Implementing a Lead Hazard Control Program. Describe how you will implement the strategy for your proposed lead hazard control program. The description must include information on: (i) How the project will be organized, managed, and staffed. You must also identify the specific steps that will be taken to train and ensure the availability of enough lead-based paint contractors and workers to conduct lead hazard control interventions, and to perform other program activities. In addition, a detailed description of the selection process for sub-grantees, subcontractors or sub-recipients, and how assistance and funding will flow from the grantee to those who will actually perform the work under the grant. (ii) The overall number of eligible privately owned housing units scheduled for lead hazard control intervention work and the strategy for their identification, selection, prioritization, and enrollment in the selected target area(s). Discuss the eligibility criteria for unit selection and how the program will identify units that meet these criteria. Explain how you would target resources to maximize the return on investment from grant funding. As funding is a constraint for this program, it is imperative to maximize the impact of grant dollars. Include in this discussion your proposed technical approach and how this choice addresses local conditions and needs as well as attempting to maximize the number of children protected from lead hazards. As there are a variety of reduction techniques that grantees can apply to lead hazards, it is important too that HUD be able to assess the effectiveness of a grantee's choice of a technical strategy. Explain how referrals of eligible units will be obtained from childhood lead poisoning prevention programs, other health care or housing agencies, or health providers that serve children. Also discuss how referrals are made from the Section 8/Housing Choice Voucher programs and other agencies that provide housing assistance to low-income households with children including CDBG, HOME Investment Partnerships Program-funded housing programs, or other [[Page 13906]] sources. (Include as attachments any referral agreements, commitment letters or other documents from other entities that describe their participation recruiting eligible units in your program. (iii) The degree to which the work plan focuses on eligible privately owned housing units occupied by low-income families with children under six years of age. Describe your planned approaches to control lead hazards in vacant and/or occupied units before children are poisoned and your plans to ensure that the program will continue to affirmatively market and match these units made lead-safe with low- income families with children under six years of age in the future. Discuss strategies to control lead hazards in units where children have already been identified with an elevated blood lead level (EBL), including your process for referring and tracking children with EBLs, and your capacity to rapidly complete lead hazard control work in their units. Provide estimates of the number of low-income children you will assist through this program. (iv) Discuss the lead hazard control financing strategy, including eligibility requirements, terms, conditions, dollar limits, and amounts available for lead hazard control work. Applicants must also describe how the program will recapture grant funds in the event that a recipient of grant funds fails to comply with any terms and conditions of the financing arrangement (e.g. affordability, sale of property, etc.). You must discuss the way assistance from the grant funds will be administered to or on behalf of property owners (e.g. use of grants, deferred loans and/or forgivable loans and the basis and schedule for forgiveness, and the role of other resources, such as private sector financing). You should identify the entity that will administer the financing process and describe how coordination and payment between the program and contractors performing the work will be accomplished. Describe matching requirements, if any, proposed for assistance to rental property owners. (v) Describe how your proposed program will satisfy the stated needs in the Consolidated Plan or Indian Housing Plan and eliminate impediments identified in the Analysis of Impediments (AI). Also describe how your proposed program will further and support the policy priorities of the Department: including promoting healthy homes and the quality of housing. Applicants should describe activities undertaken that remove barriers to affordable housing within their communities or support such efforts at the State and local level. (vi) Describe how, by September 30, 2006 you will participate in an established statewide or jurisdiction-wide strategic plan to eliminate childhood lead poisoning as a major public health problem by 2010, or will assist in the development of such a plan in states or localities which do not have such a strategic plan (7 points). (Further guidance will be provided to grantees on developing a strategic plan.) Applicants shall demonstrate the nature of their collaboration with Centers for Disease Control and Prevention (CDC) funded Childhood Lead Poisoning Prevention grantees, which are now required to develop such plans, and the local CDC subgrantee(s) where they exist for the grant's proposed target area(s). A list of CDC childhood lead poisoning prevention programs can be downloaded from http://www.cdc.gov/nceh/ lead/grants/contacts/keyContacts.htm. The CDC strategic elimination plans for state and local childhood lead poisoning prevention programs can be downloaded from http://www.cdc.gov/nceh/lead/ Strategic%20Elim%20Plans/strategicplans.htm. (vii) Community-wide Learning Opportunity (3 points). The Lead- Based Paint Hazard Control Grant provides an opportunity for learning by community members, including families, workers, small businesses and others, to help develop a strategic community health educational model that identifies lead-related health hazards and their solutions, and educates community members and affects wider efforts in the applicant's targeted area. Applicant shall discuss the opportunity-to-learn approach to educate children, parents, workers, businesspeople and other community members about lead poisoning prevention and lead hazard control. The applicant's proposed educational program shall continue to meet the needs of those children already living in units with eligible lead hazards. (viii) Coordination Among Critical Agencies. Submit documentation of the existence and nature of formal cooperation regarding childhood lead poisoning prevention programs among health agencies, housing agencies, community development agencies, and code enforcement agencies (or equivalent) for their target area(s) local jurisdiction(s), and, for state or tribal applicants, for their state or tribal health agencies, housing agencies, development agencies. and code enforcement agencies (or equivalent). Documentation shall include memoranda of agreement, memoranda of understanding, operating plans, or similar materials that describe the coordinated childhood lead poisoning prevention effort. Where local or state governments have combined two or more of these functions into a larger organization, the documentation may be from either the individual component entities or the larger organization. As part of this documentation, describe how the health department and the housing and/or development agency will consider enrolling housing units (or multifamily buildings) in which one or more children under age 6 years have elevated blood lead levels, with priority to housing where repeated and/or severe cases of childhood lead poisoning have occurred. (Because of the presence of a variety of priorities, it is not a requirement that units with lead- poisoned children be enrolled, but the process for giving such units high priority should be described and implemented.) 2. Technical Approach/Performance (20 pts.). Describe your process for the conduct of lead hazard evaluation (risk assessments and/or inspections) in units of eligible privately owned housing to confirm that there are lead-based paint hazards in the housing units where lead hazard control is undertaken. (1) Describe your testing methods, schedule, and costs for risk assessments, paint inspections, and clearance examinations to be used. If you propose to use a more restrictive standard than the HUD/EPA thresholds (e.g., less than 0.5 percent or 1.0 mg/ square centimeter for lead in paint, or less than 40, 250, 400 [mu]g/square foot for lead in dust on floors, sills and troughs, respectively); or 400 parts per million (ppm) in bare soil in children's play areas and 1200 ppm for bare soil in the rest of the yard), identify the standard(s) that will be used. All testing shall be performed in accordance with applicable regulations. (2) Describe the lead hazard control methods and strategies you will undertake and the number of units you will treat. In cases where only a few surfaces have lead hazards in a specific unit and complete abatement of all lead paint is cost-effective, the applicant must provide a detailed rationale for selecting complete abatement as a strategy. Provide an estimate of the per unit costs (and a basis for those estimates) and a schedule for initiating and completing lead hazard control work in the selected units. Discuss efforts to incorporate cost-effective lead hazard control methods. Explain your cost estimates, providing detail on how the estimates were developed, with particular references to cost [[Page 13907]] effectiveness. Research has shown that interim controls generally yield the best benefit/cost ratio among technological approaches for eliminating lead hazards. Applicants should assume that interim controls are the preferred approach for their strategies and project unit output targets accordingly. If applicants maintain that approaches other than interim controls are necessary for their jurisdiction, they should explain why this is the case. For example, abatement might be justified in an area where significant amounts of low-income housing stock are highly distressed or where lead hazard work is being combined with rehabilitation. Where highly distressed stock is present, applicants should explain why options for households to move to lead- safe housing are not viable. (3) Schedule. Provide a realistic schedule for completing key activities, by quarter, so that all activities can be completed within the period of performance of the grant. Key production activities include enrollment of units, paint inspections/risk assessments, and completion/clearance of units. When developing the application, the applicant shall take into consideration previous experience and performance in administering similar kinds of lead hazard control or rehabilitation programs. (4) Time frames. Describe the estimated elapsed time frame for treating a typical unit that will receive lead hazard control, including referral/intake, enrollment (qualification of the unit as eligible), combined paint inspection/risk assessments, preparation of specifications or work write-up, selection of the contractor, lead hazard control intervention work activities, quality control and monitoring of work activities, and clearance. The time frame should include an estimate of the staff and contractor time required to treat a typical unit that will receive lead hazard control. Describe the schedule for emergency referrals (e.g., unit occupied by a child under six years of age with an elevated blood lead level). List the number of units projected in each of the following categories: Lead-based paint inspections/risk assessments, hazard control, and clearance inspections. (5) Workflow and Production Control. Provide guidelines and/or flowcharts showing agency/partner responsibilities for each step in the process (from intake to clearance) and describe/show how coordination and hand-offs will be handled. Discuss how the actual production status of units, from intake to final clearance, will be monitored, and how and when production bottlenecks will be identified, remedied, and monitored. (6) Describe your contracting process, including development of specifications or adoption of existing specifications for selected lead hazard control methods. Describe the management processes you will use to ensure the cost-effectiveness of your lead hazard control methods. Your application must include a discussion of the contracting process for the conduct of lead hazard control activities in the selected units, and requirements for coordination among lead hazard control, rehabilitation, weatherization, and other contractors. (7) Describe your plan for occupant protection or the temporary relocation of the occupants of units selected for lead hazard control work. Describe any plan to avoid overnight relocation in small-scale projects consistent with 24 CFR part 35.1345 (a)(2) and HUD's Interpretive Guidance of 24 CFR part 35, including J24, R18, and R19 (see http://www.hud.gov/offices/lead/guidelines/leadsaferule/ index.cfm). Your work plan should address the use of safe houses and other temporary housing arrangements, storage of household goods, stipends, incentives, etc. If families or individuals are temporarily relocated in a project which utilizes Community Development Block Grant funds, the guidance and requirements of 24 CFR 570.606(b)(2)(i)(D)(1)- (3) must be met. HUD recommends you review these regulations when preparing your proposal. (8) Describe your strategy for involving neighborhood or including grassroots community-based non-profit organizations, including faith- based organizations or other community-based organizations in your proposed activities. Priority activities should include increasing the enrollment of eligible privately owned housing units to receive lead treatments, but may also include inspection (including dust lead testing) and the conduct of lead hazard control activities. HUD will evaluate the proposed level of substantive involvement of such organizations during the review process. (9) Identify and discuss the specific methods you will use (in addition to HUD reporting requirements) to document activities, progress, program effectiveness, and how changes necessary to improve performance will be implemented. Describe how you will obtain, document, and report on information collected. (10) If you are a current or prior grantee or you have also applied to the fiscal year 2005 Lead Hazard Control Grant Program Notice of Funding Availability, you must describe the actions you will take to ensure that your proposed lead hazard control work will occur concurrently with other ongoing HUD lead hazard control grant work. Your application must provide the detail necessary to assure HUD that you will implement the proposed work immediately and perform it concurrently with other ongoing lead hazard control grant work. 3. Budget (5 points) Describe your budget within the 36-month (or less) period of performance for your lead hazard control grant program. You should provide information on: (1) Allocation of Funds. You should describe your detailed total budget (total budget is the federal share and matching contribution) with supporting narrative and cost justifications for all budget categories of your grant request. The budget shall include not more than 10 percent for administrative costs and not less than 90 percent for direct project elements. The applicant is to provide adequate details on the 90 percent of the Federal funds that are required for abatement, combined lead-based paint inspections and risk assessments, temporary relocations, and interim control of lead-based paint hazards. In addition, the applicant is to provide details on the activities that will be conducted with the remaining 10 percent of Federal funds. 4. Rating Factor 4: Leveraging Resources (10 points) This factor addresses your ability to obtain other community and private sector resources that can be combined with HUD's program resources to achieve program objectives. In evaluating this factor, HUD will consider the extent to which you have established working partnerships with other entities to get additional resources or commitments to increase the effectiveness of the proposed program activities. Resources may include cash or in-kind contributions of services, equipment, or supplies allocated to the proposed program. Resources may be provided by governmental entities, public or private organizations, and other entities partnering with you. Leveraging arrangements with rental property owners may have the benefits of increasing the efficiency of public lead hazard identification and control expenditures and creating a financial stake for rental property owners in the quality of lead hazard control work. Contractual or other formal relationships with grassroots community-based nonprofit organizations, including faith-based [[Page 13908]] organizations and other community-based organizations are a requirement for State and local government applicants. Documentation of relationships with grassroots community-based nonprofit organizations, including faith-based organizations, and community-based organizations must be provided in this application either in the form of signed agreements or commitment letters. This requirement does not apply to Native American Tribe applicants. You also may partner with other program funding recipients to coordinate the use of resources in your target area(s). (1) You should detail any activities to increase the understanding of lead poisoning prevention in your community. This could include partnerships with childhood lead screening programs, collaboration with ongoing health, housing or environmental research efforts which could result in a greater availability of resources, and efforts to build capacity for lead-safe housing. (2) Matching funds must be shown to be specifically dedicated to and integrated into supporting the lead-based paint hazard control program. Refer to Section III. B. entitled, Cost Sharing or Matching Requirements for additional information. You may not include any federal funds as part of the 25 percent match, unless those funds are specifically permitted by statute to be used as matching funds, such as CDBG or Federal Revenue Sharing funds. Other resources from the private sector or other sources committed to the program that exceed the required 25 percent match will provide points for this rating factor. Contributions above the first 25 percent may include funds from other federally funded programs, and/or state, local, charity, and nonprofit or for-profit entities. Applicants will not receive full points under this rating factor if they do not submit evidence of a firm commitment and the appropriate use of leveraged resources under the grant program. Such evidence must be provided in the form of letters of firm commitment, memoranda of understanding, or other signed agreements to participate from those entities identified as partners in your application. Each letter of commitment, memorandum of understanding, or agreement to participate should include the organization's name, the proposed level of commitment and the responsibilities as they relate to your proposed program. The commitment must be signed by an official of the organization legally able to make commitments on behalf of the organization. Describe the role of nonprofit grassroots community-based organizations including faith-based organizations. and other community- based organizations in specific program activities, such as: hazard evaluation and control; monitoring; and awareness, education, and outreach within the community. Describe how you will ensure that commitments to sub-grantees specified in your proposal will be honored and executed, contingent upon an award from HUD. The signature of the authorized official on the Form SF-424 commits matching or other contributed resources of the applicant organization. A separate letter from the applicant organization is not required; however, the applicant must submit a letter of commitment from each organization other than itself that is providing a match, whether cash or in-kind. Staff in-kind contributions should be given a monetary value based on the local market value of the staff skills; you are responsible for tracking the number of labor hours provided in the match for each labor category. If you do not provide letters from contributors specifying details and the amount of the actual contributions, those contributions will not be counted. Contributions required of rental property owners may be included as part of your match. You should document and provide the amount of the match from each resource. 5. Rating Factor 5: Achieving Results and Program Evaluation (10 Points) (A) This factor emphasizes HUD's commitment to ensuring that applicants achieve the goals outlined in their work plan and other benchmark standards and assess their performance to ensure performance goals are met (5 points). Achieving results means you, the applicant, have clearly identified the benefits, or outcomes of your program. Outcomes are ultimate goals. Benchmarks or outputs are interim activities or products that lead to the ultimate achievement of your goals. Program evaluation requires that you, the applicant, identify program outcomes, interim products or benchmarks, and performance indicators that will allow you to measure your performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Your Evaluation Plan should identify what you are going to measure, how you are going measure it and the steps you have in place to make adjustments to your work plan if performance targets are not met within established timeframes. The degree to which benefits are maximized relative to cost is important. In particular, different technical approaches vary widely in cost, but also produce different levels of benefits. Evaluation should explore how well the technical strategy meets the conditions and needs found in the grantee's jurisdiction. This rating factor reflects HUD's goal to embrace high standards of ethics, management and accountability. Applicants are required to complete the HUD 96010 Logic Form included in the General Section. (1) An applicant is to identify and describe specific methods, measures, and tools that you will use (in addition to HUD reporting requirements) to measure progress, evaluate program effectiveness, and identify program changes necessary to improve performance. Describe how you will obtain, document and report the information. In evaluating this factor, HUD will consider how you have described outcome measures and benefits of your program including: (a) The degree to which lead hazard control work will be done in conjunction with other housing-related activities (i.e., rehabilitation, weatherization, correction of code violations, and other similar work), or your plan for the integration and coordination of lead hazard control activities into those activities in the future. (b) Plans to develop public/private lending partnerships to finance lead hazard control as part of acquisition and rehabilitation financing such as the use of Community Reinvestment Act ``credits'' by lending institutions or other financing strategies. (c) Results of any specific plans and objectives established to implement and/or maintain a registry (listing) of lead-safe housing that is available to the public, or to incorporate the inclusion of the lead-safe status of properties in another publicly accessible address- based property information system. Results could include how the information would be managed and affirmatively marketed to the public so that families (particularly low-income families with children under six years of age) can make informed decisions regarding their housing options. Prior grantee applicants must address any registry (listing) of lead-safe housing developed during the prior grant period by specifically discussing the availability, amount of information contained, and its maintenance. (d) The extent to which affirmatively furthering fair housing for all segments of the population is advanced by the proposed activities. (This section does not apply to Native American Tribes.) [[Page 13909]] Detail how your proposed work plan will support the community's efforts to affirmatively further affordable housing and how you will quantify results of affirmatively furthering fair housing activities. As part of the background for your fair housing element of your work plan under this grant, discuss the impact of prior activities that have contributed to enhanced lead-safe housing opportunities. (e) The resulting impact of plans to adopt or amend statutes, regulations, or policies that will more fully integrate lead hazard control into community policies and priorities. (f) Results of activities to coordinate and cooperate with other organizations that will lead to a reduction in lead risks to community residents (5 points). This could include documenting such activities as: Free training to create a workforce properly trained in lead safe work practices; lead-safe repainting and remodeling; promotion of essential maintenance practices; and provision of lead dust testing to low-income, privately-owned homes which may not receive lead hazard control assistance under this grant program. This factor should address the quantitative measures of the following: (1) Community outreach education that focuses on the outcomes of a workforce properly trained in lead safe work practices. (2) Effective outreach education aimed at families, health care members and other professional colleagues. (3) Effective outreach education assessing the needs of families and communities intended to receive lead hazard control assistance under this grant program. (g) How your program will be held accountable for meeting program goals, objectives, and the actions undertaken in implementing the grant program. Applicants should provide a description of the mechanism to assess progress and track performance in meeting the goals and objectives outlined in the work plan. Applicants should provide assurances that work plans and performance measures developed for the program will assist intended beneficiaries, and that work will be conducted in a timely and cost-effective manner. B. Reviews and Selection Process 1. Rating and Ranking. Please refer to the General Section of this SuperNOFA for details. Only those applications that meet the threshold review requirements will be rated and ranked. HUD intends to fund the highest ranked applications receiving a minimum score of 75 within the limits of funding. a. Remaining Funds. Refer to the General Section of this SuperNOFA for HUD's procedures if funds remain after all selections have been made within a category of the NOFA. 2. Factors for Award Used to Rate and Rank Applications. The factors for rating and ranking applicants, and maximum points for each factor, are stated below. a. Implementing HUD's Strategic Framework and Demonstrating Results. HUD is committed to ensuring that programs result in the achievement of HUD's strategic mission. To support this effort, grant applications submitted for HUD programs will be rated on how well they tie proposed outcomes to HUD's policy priorities and Annual Goals and Objectives, and the quality of proposed Evaluation and Monitoring Plans. HUD is encouraging applicants to undertake specific activities that will assist the Department in implementing its policy priorities that are found in the General Section and applicable to the Lead Hazard Reduction Demonstration NOFA. Activities that promote the participation of including grassroots community-based nonprofit organizations including faith-based organizations and community organizations support HUD's policy priority for: Providing Full and Equal Access to grassroots community-based nonprofit organizations, including faith- based organizations. An applicant will be awarded one point under Rating Factor 3 d.(8) for activities undertaken that specifically address this policy priority. For initiatives that break down regulatory barriers that impede the production of affordable housing, an applicant will be awarded up to two points under Rating Factor 3c(1)(a)(v) for activities that remove barriers to affordable housing within their communities or support such efforts at the state and local level. This priority relates to HUD's Strategic Goal for Increasing Homeownership Opportunities and Promoting Decent Affordable Housing. Applicants addressing this policy priority are to complete Form HUD- 27300--Questionnaire for HUD's Initiative on Removal of Regulatory Barriers, and are to include any documentation required. Note that currently validated Web site (URL) references to any such documents may be provided in place of providing copies of them in the application). Refer to the General Section for additional details pertaining to this policy priority. b. Bonus Points (2 Points). HUD's FY2005 NOFAs provide for the award of two bonus points for eligible activities/projects that the applicant proposes to locate in federally designated Empowerment Zones (EZs), Enterprise Communities (ECs), or Renewal Communities (RCs) designated by USDA in round II (EC- IIs) (collectively referred to as RC/EZ/EC-IIs), and which will serve the residents of these communities. In order to be eligible for the bonus points, applicants must submit a completed Form HUD 2990. The maximum number of points to be awarded is 102. A minimum score of 75 is required for fundable applications. ------------------------------------------------------------------------ Maximum Rating factor points ------------------------------------------------------------------------ 1. Capacity of the Applicant and Relevant Organizational 20 Experience.................................................. 2. Demonstrated Need/Extent of the Problem................... 15 3. Soundness of Approach/Work Plan (20 Points); Technical 45 Approach (20 Points); Budget (5 Points)..................... 4. Leveraging Resources...................................... 10 5. Achieving Results and Program Evaluation.................. 10 Bonus Points--RC/EZ/EC-IIs................................... 2 ---------- Total.................................................... 102 ------------------------------------------------------------------------ VI. Award Administration Information Refer to the General Section for additional details on award administration. A. Award Notices 1. Successful applicants will receive a letter from the Office of Healthy Homes and Lead Hazard Control Grant Officer indicating that they have been selected for an award. This letter will provide additional details regarding the effective start date of the grant and any additional [[Page 13910]] data and information to be submitted to execute a grant agreement. This letter is not an authorization to begin work or incur costs under the grant. A fully executed grant agreement is the authorizing document. Unsuccessful applicants will also be notified that their application was not selected for an award and will be afforded an opportunity to request a debriefing on the unsuccessful application according to the procedures outlined in the SuperNOFA. 2. Negotiation. Refer to the General Section for additional details. 3. Adjustments to Funding. Refer to the General Section for additional details. 4. Performance and Compliance Actions of Funding Recipients. HUD will measure and address the performance and compliance actions of funding recipients in accordance with the applicable standards and sanctions of their respective programs. B. Administrative and National Policy Requirements Refer to the General Section for additional details regarding the Administrative and National Policy Requirements applicable to HUD Programs. 1. Administrative Requirements. a. Lead-Based Paint Hazard Reduction Act (Title X of the Housing and Community Development Act of 1992). Section 1011 of Title X Section 217 of Public Law 104-134 (the Omnibus Consolidated Rescissions and Appropriations Act of 1996, 110 Stat. 1321, approved April 26, 1996) amended Section 1011(a) of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) to read as follows: Sec. 1011. Grants for Lead-Based Paint Hazard Reduction in Target Housing (1) General Authority. The Secretary is authorized to provide grants to eligible applicants to evaluate and reduce lead-based paint hazards in housing that is not federally assisted housing, federally owned housing, or public housing, in accordance with the provisions of this section. Grants shall only be made under this section to provide assistance for housing which meets the following criteria-- (a) for grants made to assist rental housing, at least 50 percent of the units must be occupied by or made available to families with incomes at or below 50 percent of the area median income level and the remaining units shall be occupied or made available to families with incomes at or below 80 percent of the area median income level, and in all cases the landlord shall give priority in renting units assisted under this section, for not less than 3 years following the completion of lead abatement activities, to families with a child under the age of six years, except that buildings with five or more units may have 20 percent of the units occupied by families with incomes above 80 percent of area median income level; (b) for grants made to assist housing owned by owner-occupants, all units assisted with grants under this section shall be the principal residence of families with income at or below 80 percent of the area median income level, and not less than 90 percent of the units assisted with grants under this section shall be occupied by a child under the age of six years or shall be units where a child under the age of six years spends a significant amount of time visiting; For the purposes of complying with Section 1011(1)(b) above, a unit occupied by a pregnant woman meets the Congressional intent of promoting primary prevention and maybe assisted under this program. b. Certified and Trained Service Providers. Funded activities must be conducted by persons qualified for the activities according to 24 CFR part 35 (possessing certification as abatement contractors, risk assessors, inspectors, abatement workers, or sampling technicians, or others having been trained in a HUD-approved course in lead-safe work practices). c. National Historic Preservation Act. The National Historic Preservation Act of 1966 (16 U.S.C. 470) and the regulations at 36 CFR part 800 apply to the lead-based paint hazard control activities that are undertaken pursuant to this program. HUD and the Advisory Council for Historic Preservation have developed an optional Model Agreement for use by grantees and State Historic Preservation Officers in carrying out activities under this program. The Model Agreement may be obtained from the HUD Web site, http://www.hud.gov, or the Office of Healthy Homes and Lead Hazard Control Web site, http://www.hud.gov/ offices/lead/grantfrm/pgi/95--06.pdf d. Waste Disposal. You must handle waste disposal according to the requirements of the appropriate local, state, and federal regulatory agencies. You must handle disposal of wastes from hazard control activities that contain lead-based paint, but are not classified as hazardous in accordance with state or local law or the HUD Guidelines for the Evaluation and Control of Lead-Based Hazards in Housing (HUD Guidelines). The Guidelines are available from the HUD Web site at: http://www.hud.gov/offices/lead/guidelines/hudguidelines/index.cfm. e. Worker Protection Procedures. You must observe the procedures for worker protection established in the HUD Guidelines, as well as the requirements of the Occupational Safety and Health Administration (OSHA) (29 CFR 1926.62, Lead Exposure in Construction), or applicable state or local occupational safety and health regulations, whichever are most protective. If other applicable requirements contain more stringent requirements than the HUD Guidelines, the more rigorous standards shall be followed. f. Davis-Bacon Act. The Davis-Bacon Act does not apply to this program. However, if you use grant funds in conjunction with other Federal programs in which Davis-Bacon prevailing wage rates apply, then Davis-Bacon provisions would apply to the extent required under the other Federal programs. g. Work Plan. The work plan shall consist of the goals and specific time-phased objectives established for each of the major activities and tasks required to implement the program. These major activities and tasks are outlined in the Quarterly Progress Reporting System (Form- HUD-96006) and include: (1) Program Management and Capacity Building including data collection and program evaluation; (2) Community Education, Outreach and Training; and (3) Lead Hazard Activities including testing, interventions conducted, and relocation. (1) The work plan narrative shall include: (a) The management plan that describes how the project will be managed, and the timeline for staffing the program, establishing a lead-based paint contractor pool, and obtaining HUD approval for the Release of Funds Request (Form HUD 7015.15); (b) A detailed description of how assistance and funding will flow from the grantee to the actual performers of the hazard reduction work; (c) The selection process for sub-grantees, sub-contractors and/or sub-recipients; (d) The identification, selection, and prioritization process for the particular properties where lead hazard control interventions are to be conducted; (e) A description of the financing mechanism used to support lead hazard control work in units (name of administering agency), eligibility requirements, type of financing (grant, forgivable or deferred loans, private sector financing, etc), any owner [[Page 13911]] contribution requirement, and the terms, conditions and amounts of assistance available (include affordability terms and forgiveness and recapture of funds provisions); (f) The inspection/risk assessment testing procedures using EPA standards to identify lead hazards and to conduct clearance testing. (Dust wipe samples, soil samples and any paint samples to be analyzed by a laboratory must be analyzed by a laboratory recognized by the EPA National Lead Laboratory Accreditation Program (NLLAP)); (g) The process for developing work specifications and bids on properties selected for lead hazard control; (h) The levels of intervention and clearance procedures to be conducted for units enrolled; (i) The number of rental-occupied, vacant, and owner-occupied units proposed for each intervention level; (j) The relocation plan that will be carried out for residents required to be out of their homes during hazard control activities; (k) The evaluation process used to measure program performance. h. Privacy and Disclosure. All test results in pre-1978 housing related to lead-based paint or lead-based paint hazards must be provided to the owner of the unit, together with a statement describing the owner's legal duty to disclose the results to tenants (before initial leasing, or before lease renewal with changes) and buyers (before sale) if the housing was constructed before 1978 (24 CFR part 35, subpart A). This information provided to owners may only be used for purposes of remediation of lead-based paint and other hazards in the unit. Disclosure of other identified housing-related health or safety hazards to the owner of the unit, for purposes of remediation, is encouraged but not required. Submission of any information on the properties to databases (whether Web site, computer, paper, or other format) of addresses of identified, treated or cleared housing units is subject to the protections of the Privacy Act of 1974, and shall not include any personal information that could identify any child affected. i. Procurement of Recovered Materials. See the General Section for information concerning this requirement. C. Reporting Successful applicants will be required to submit quarterly, annual, and final program and financial reports according the requirements of the Office of Healthy Homes and Lead Hazard Control. Project benchmarks and milestones will be tracked using a benchmark spreadsheet that uses the benchmarks and milestones identified in the Logic Model form (Form HUD-96010; available in the General Section) approved and incorporated into your award agreement. For specific reporting requirements, see policy guidance: http://www.hud.gov/offices/lead. Specific guidance and additional details will be provided to successful applicants. VII. Agency Contact(s) For Further Information and Technical Assistance: You may contact Jonnette Hawkins, Director, Program Management and Assurance Division, Office of Healthy Homes and Lead Hazard Control, 451 Seventh Street SW., Washington, DC 20410-3000, or by telephone: (202) 755-1785, extension 126 (this is not a toll-free number), fax: (202) 755-1000; or e-mail: [email protected] (use underscores). If you are a hearing-or speech-impaired person, you may reach the above telephone number via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339. VIII. Other Information For technical assistance in downloading the electronic application or for other questions regaining the electronic application, including registration with Grants.gov, please contact the Grants.gov Support Desk at 800-518-GRANTS. Also refer to the General Section. Other Office of Healthy Homes and Lead Hazard Control Information: For additional general, technical, and grant program information pertaining to the Office of Healthy Homes and Lead Hazard Control, visit: http://www.hud.gov/offices/lead. BILLING CODE 4210-32-P [[Page 13912]] [GRAPHIC] [TIFF OMITTED] TN21MR05.140 [[Page 13913]] [GRAPHIC] [TIFF OMITTED] TN21MR05.141 [[Page 13914]] [GRAPHIC] [TIFF OMITTED] TN21MR05.142 [[Page 13915]] [GRAPHIC] [TIFF OMITTED] TN21MR05.143 [[Page 13916]] [GRAPHIC] [TIFF OMITTED] TN21MR05.144 [[Page 13917]] [GRAPHIC] [TIFF OMITTED] TN21MR05.145 [[Page 13918]] [GRAPHIC] [TIFF OMITTED] TN21MR05.146 [[Page 13919]] [GRAPHIC] [TIFF OMITTED] TN21MR05.147 [[Page 13920]] Healthy Homes Demonstration Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control. B. Funding Opportunity Title: Healthy Homes Demonstration Program. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number is: FR- 4950-N-29. The OMB Paperwork approval number is 2539-0015. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.901 Healthy Homes Demonstration Program. F. Dates: Your application submission date is June 15, 2005. See the General Section, Section IV, Application and Submission Information, regarding application submission procedures and timely filing requirements. G. Additional Overview Content Information: 1. Purpose of the Program. The purpose of the Healthy Homes Demonstration Program is to develop, demonstrate, and promote cost- effective, preventive measures to correct multiple safety and health hazards in the home environment that produce serious diseases and injuries in children of low-income families. Through the Healthy Homes Demonstration program, HUD will initiate projects to promote implementation of available risk reduction techniques for the control of key hazards described in Appendix B. Appendices B, C and D to this Healthy Homes Demonstration Program NOFA can be found on HUD's Web site at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Appendix A, which contains required forms, is attached to this NOFA. 2. Available Funds. HUD anticipates that approximately $5 million in fiscal year 2005 funds will be available. 3. Number of Awards. Approximately four to six cooperative agreements or grants will be awarded, ranging from approximately $250,000 to $1,000,000. The average award in 2004 was $958,625. 4. Eligible Applicants. Not-for-profit institutions and for-profit firms, located in the U.S. are eligible to apply. State and local governments, and federally recognized Indian Tribes are eligible to apply. For-profit firms are not allowed to propose a fee or profit in their cost proposal (i.e., no profit can be made from the project). 5. Type of award. Cooperative Agreement or Grant. 6. Match. None required, but strongly encouraged. 7. Limitations. There are no limitations on the number of applications that each applicant can submit. 8. Information on application. The applications for this NOFA can be found at http://www.grants.gov. The application is an electronic application. You must register at http://www.grants.gov to be able to submit your application. The General Section contains information about submission requirements and procedures. Please carefully review the General Section before reading the program section so that you understand HUD's new electronic application process. Information and procedures for completing an application are provided below. Full Text of Announcement I. Funding Opportunity Description A. Background The Healthy Homes Demonstration Program is a part of HUD's Healthy Homes Initiative (HHI). In April 1999, HUD submitted to Congress a preliminary plan containing a full description of the HHI. This description (Summary and Full Report) is available on the HUD Web site at: http://www.hud.gov; this site also contains additional information on the HHI and a link to its Web site. The HHI builds upon HUD's existing housing-related health and safety issues, including lead hazard control, building structural safety, electrical safety, and fire protection to address multiple childhood diseases and injuries, such as asthma, mold-induced illness, carbon monoxide poisoning, and other conditions related to housing in a coordinated fashion. The HHI departs from the more traditional approach of attempting to correct one hazard at a time (e.g., asbestos, radon). A coordinated effort is feasible because a limited number of building deficiencies contribute to multiple hazards. Substantial savings are possible using this approach, because separate visits to a home by an inspector, public health nurse, or outreach worker can add significant costs to efforts to eliminate hazards. In addition to deficiencies in basic housing facilities that may impact health, changes in the U.S. housing stock and more sophisticated epidemiological methods and biomedical research have led to the identification of new and often more subtle health hazards in the residential environment. While such health hazards will tend to be found disproportionately in housing that is substandard (e.g., structural problems, lack of adequate heat, etc.), such housing-related environmental health hazards may also exist in housing that is otherwise of good quality. Appendix B of this NOFA briefly describes the housing-associated health and injury hazards HUD considers key targets for intervention. Appendix C lists some of the references that serve as the basis for the information provided in the Healthy Homes Demonstration Program NOFA (appendices B-D to this NOFA are available at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm). B. Healthy Homes Initiative Goals 1. Mobilize public and private resources, involving cooperation among all levels of government, the private sector, and grassroots community-based nonprofit organizations, including faith-based organizations to develop the most promising, cost-effective methods for identifying and controlling housing-based health hazards; 2. Build local capacity to operate sustainable programs that will prevent and control housing-based health hazards in low- and very low- income residences when HUD funding is exhausted; and 3. Affirmatively further fair housing and environmental justice. HUD is interested in promoting approaches that are cost-effective and efficient and that result in the reduction of health threats for the maximum number of residents and, in particular, for children in low-income families. In addition, HUD encourages applicants to undertake specific activities that will assist the Department in implementing its Policy Priorities. HUD's fiscal year 2005 Policy Priorities are discussed in the General Section. C. Healthy Homes Demonstration Objectives HUD will support projects that implement housing assessment, maintenance, renovation and construction techniques to identify and correct housing-related illness and injury risk factors, disseminate healthy homes information and replicate successful interventions. The objectives of the Healthy Homes Demonstration Program include: 1. Identification of target areas and homes where assessment and interventions will occur; 2. Identification and evaluation of effective methods of health hazard abatement and risk reduction; 3. Development of appropriately scaled, flexible, cost-effective and efficient assessment and intervention strategies that take into account the [[Page 13921]] range of unhealthy conditions likely to be encountered in housing, and that maximize the number of housing units that receive interventions; 4. Development of methodologies for evaluating intervention effectiveness; 5. Development of local capacity in target areas and training programs for target groups to operate sustainable programs to prevent and control housing-based health hazards, especially in low- and very low-income residences; 6. Development of cost-effective protocols for identifying homes that are candidates for interventions, identifying health hazards in these homes, and screening out homes where structural or other factors (e.g., cost) make interventions impractical; 7. Development and delivery of public outreach programs that provide information about effective methods for preventing housing- related childhood diseases and injuries and for promoting the use of these interventions; 8. Targeting, through education and outreach, specific high-risk communities and other identified audiences such as homeowners, landlords, health care deliverers, pregnant women, children, residential construction contractors, maintenance personnel, housing inspectors, real estate professionals, home buyers, and low-income minority families; 9. Implementation of media strategies to use print, radio and television to increase public awareness of housing-related health hazards that threaten children, including the use of minority media, grassroots community based nonprofit organizations, including faith- based organizations that work with persons with disabilities (including providing materials in alternative formats), advocates for racial and ethnic minorities (including providing materials in other languages for populations with Limited English Proficiency (LEP)); 10. Dissemination of tools currently used by the applicant and/or tools available from other sources and, as needed, tools to be developed, to inform parents and caregivers about housing-related health hazards and enable them to take prompt corrective action; and 11. Development of training programs for Healthy Homes activities to emphasize assessment and intervention methods applicable to public and private housing in target areas. Specific project activities applicable to these objectives can be found under Rating Factor 3.1.b. D. Authority The authority for this program is sections 501 and 502 of the Housing and Urban Development Act of 1970 and the Consolidated Appropriations Act, 2005 (Pub. L. 108-477; approved December 8, 2004). II. Award Information A. Funding Available Approximately $5 million in fiscal year 2005 funds are available for the Healthy Homes Demonstration Program cooperative agreements or grants. Cooperative agreements or grants will be awarded on a competitive basis. HUD anticipates that approximately four to six cooperative agreements or grants will be awarded, ranging from approximately $250,000 to approximately $1,000,000. In fiscal year 2004, the average award was $958,625. The rating factors and selection process are discussed in Section V. Abstracts of currently funded grants are available on the Healthy Homes Web site at: http://www.hud.gov/healthyhomes. Applicants may wish to review these for program content and may also contact Project Directors of currently funded projects for additional information. B. Anticipated Start Date and Period of Performance for New Grants The start date for new Cooperative Agreements or Grants is expected to be October 1, 2005, with a period of performance not to exceed 36 months. The proposed performance period should include adequate time for project components such as the Institutional Review Board process, the recruitment of study participants, and the development of new methods (e.g., survey forms, data base, etc), all of which have been found to delay projects in the past. Period of performance extensions for delays due to exceptional conditions beyond the grantee's control will be considered for approval by HUD in accordance with 24 CFR 84.25(e)(2) or 85.30(d)(2), as applicable, and the Office of Healthy Homes and Lead Hazard Control (OHHLHC) Program Guide. Such extensions, when granted, are one time only, and for no longer than a period of one year. Applicants are encouraged to plan studies with shorter performance periods than 36 months. When developing your schedule you should consider the possibility that issues may arise that could cause delays. C. Type of Award Instrument Awards in response to this NOFA will be made as cooperative agreements or grants. HUD will require quarterly reporting and will work closely with awardees to monitor projects. III. Eligibility Information A. Eligible Applicants Not-for-profit institutions and for-profit firms, located in the U.S. are eligible to apply. State and local governments, and federally recognized Indian Tribes are eligible to apply. For-profit firms are not allowed to propose a fee or profit in their cost proposal (i.e., no profit can be made from the project). B. Cost Sharing or Matching Cost sharing or matching is not required. In rating your application, however, HUD will award a higher score under Rating Factor 4 (see Section V.A.2.d) if you provide evidence of significant cost sharing. C. Other 1. Threshold Requirements Applicable to all Applicants Under the SuperNOFA. As an applicant, you must meet all the threshold requirements described in the General Section. These requirements include the requirement to affirmatively further fair housing (AFFH). Applications that do not address the threshold items will not be funded. Cooperative agreements or grants will be awarded on a competitive basis following evaluation of all proposals according to the rating factors described in this NOFA. A minimum score of 75 out of a possible 102, which includes up to 2 bonus points for activities proposed to be located in RC/EZ/EC-II communities (see Section V.A.1, below), is required for award consideration. 2. Eligible Activities. The following activities and support tasks are eligible under the Healthy Homes Demonstration Program. a. Performing evaluations of housing to determine the presence of housing-based health hazards (e.g., moisture intrusion, mold growth, pests and allergens, unvented appliances, exposed steam pipes or radiators, deteriorated lead-based paint) through the use of accepted assessment procedures. b. Conducting housing interventions to remediate existing housing- based health hazards and address conditions that could result in their recurrence. Refer to the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (Guidelines) for information about conducting such remediation for lead-based paint hazards. The Guidelines and/or applicable regulations may be downloaded from HUD's Web site at http://www.hud.gov. [[Page 13922]] c. Undertaking housing rehabilitation activities that are specifically required to carry out effective control of housing-based health hazards, and without which the intervention could not be completed and maintained. Funds under this program may also be used to control lead-based paint hazards; however, such controls may not be a principal focus of the cooperative agreement or grant. Lead hazard control activities are carried out under HUD's Lead-Based Paint Hazard Control Grant Program. d. Carrying out temporary relocation of families and individuals, when necessary, during the period in which the intervention is conducted and until the time the affected unit receives clearance for re-occupancy. See Section VI.B.5 for discussion of regulations that apply when relocating families. e. Conducting medical examinations, when such examinations of young children for conditions caused or exacerbated by exposure to residential hazards are demonstrated to be critical to the outcome of your project, and alternative sources to cover these costs are not available. If you budget for such costs, you must provide documentation to the effect that other resources, such as Medicaid, SCIP or neighborhood clinics are not available to conduct these examinations. See Section III C.3.b for information on Institutional Review Board approval and HIPAA authorization where applicable. f. Environmental sampling and medical testing recommended by a physician or applicable occupational or public health agency to protect the health of the intervention workers, supervisors, and contractors, unless reimbursable from another source. g. Conducting testing, analysis, and mitigation for lead, mold, carbon monoxide and/or other housing-related health hazards as appropriate, with respect to generally accepted standards or criteria, or if standards are unavailable, other appropriate levels justified in conjunction with the project. A laboratory recognized by the Environmental Protection Agency's (EPA's) National Lead Laboratory Accreditation Program (NLLAP) must analyze clearance dust samples related to lead-based paint. It is recommended that samples to be analyzed for fungi be submitted to a laboratory accredited in the Environmental Microbiological Laboratory Accreditation Program (EMLAP), administered by the American Industrial Hygiene Association (AIHA). h. Carrying out architectural, engineering and work specification development and other construction management services to control and remediate existing housing-based health hazards. i. Providing training on Healthy Homes practices to homeowners, renters, painters, remodelers, and housing maintenance staff working in low- or very low- income housing. j. Providing cleaning supplies for hazard intervention and hazard control to grassroots community-based nonprofit organizations, including faith-based organizations, for use by homeowners and tenants in low-income housing, or to such homeowners and tenants directly. (See the General Section for more information about grassroots community- based nonprofit organizations, including faith-based organizations.) k. Providing modest incentives (financial or other, i.e. coupons for a video rental, coupons for groceries; stipends for completion of surveys, child care, cleaning kits, etc.) subject to approval by HUD, to encourage recruitment and retention in the interventions, participation in educational and training activities and other program- related functions. l. Conducting general or targeted community education programs on environmental health and safety hazards. This activity would include, but not be restricted to, training on Healthy Homes maintenance and renovation practices. It would also include making materials available in alternative formats for persons with disabilities (e.g., Braille, audio, large type) upon request, and providing materials in languages other than English that are common in the community, consistent with HUD's published ``Limited English Proficiency (LEP) Recipient Guidance''. m. Securing liability insurance for housing-related health hazard evaluation and control activities to be performed. This is not considered an administrative cost. n. Supporting data collection, analysis, and evaluation of project activities. (As a condition of the receipt of financial assistance under this NOFA, all successful applicants will be required to cooperate with all HUD staff and contractors performing HUD funded research and evaluation studies.) 3. Program Requirements. a. Work Activities. All lead hazard control activities must be conducted in compliance with the applicable requirements of HUD's Lead- Safe Housing Rule, 24 CFR part 35, especially Sec. 35.1325 for abatement and Sec. 35.1330 for interim controls and as clarified in HUD's Interpretive Guidance about this rule. Grantees must also comply with any additional requirements in effect under a state or Native American Tribal Lead-Based Paint Training and Certification Program that has been authorized by the EPA pursuant to 40 CFR 745.320. b. Institutional Review Board (IRB) Approval. In conformance with the Common Rule (Federal Policy for the Protection of Human Subjects, codified by HUD at 24 CFR 60.101), if your grant activities include research involving human subjects, your organization must provide an assurance (e.g., a letter signed by an appropriate official) that the research has been reviewed and approved by an IRB before you can initiate activities that require IRB approval. You must also provide the number for your organization's assurance (i.e., an ``institutional assurance'') that has been approved by the Department of Health and Human Service's Office of Human Research Protections (OHRP). For additional information on what constitutes human subject research or how to obtain an institutional assurance see the OHRP Web site at: http://www.hhs.gov/ohrp. c. HIPAA Authorization. The Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 requires covered entities that transmit health information electronically (health care providers, health plans, etc.) to protect that information. This may be accomplished by obtaining authorization from the patient or parent, obtaining a waiver of authorization from an IRB or HIPAA Privacy Board or de-identifying data. You should identify whether your proposal will fall under the HIPAA Privacy Rule and if so how you plan to address these requirements. Additional information on HIPAA and the Privacy Rule can be found at http://www.hhs.gov/ocr/hipaa. d. Program Performance. Awardees shall take all reasonable steps to accomplish all healthy homes activities within the approved period of performance. HUD will closely monitor the awardee's performance with particular attention to completion of specified activities, deliverables and milestones, and number of units proposed to be assessed or to receive interventions within the approved period of performance. HUD reserves the right to terminate the cooperative agreement or grant prior to the expiration of the period of performance if the awardee fails to meet 25 percent of the milestones, including all deliverables, as scheduled in their work plan. Any previous requests for no cost extensions will be taken into account when evaluating the capacity of the [[Page 13923]] applicant to do the work under Rating Factor 1. e. Certified and Trained Providers. Lead hazard control activities must be conducted by persons qualified for these activities according to 24 CFR Part 35 (possessing certification as abatement contractors, risk assessors, inspectors, abatement workers, or sampling technicians, or others having been trained in a HUD-approved course in lead-safe work practices). f. Clearance Testing for Lead Hazard Control Activities. Clearance dust testing must be conducted according to the EPA Lead Hazards Standards Rule (40 CFR part 745) for abatement projects and the Lead- Safe Housing Rule (24 CFR part 35) for lead hazard control activities other than abatement. These are available at: http://www.epa.gov/lead and http://www.hud.gov, respectively. g. All test results related to lead-based paint or lead-based paint hazards must be provided to the owner of the unit, together with a statement describing the owner's legal duty to disclose the results to tenants (before initial leasing, or before lease renewal with changes) and buyers (before sale) if the housing was constructed before 1978 (24 CFR Part 35, subpart A). This information provided to owners may only be used for purposes of remediation of lead-based paint and other hazards in the unit. Disclosure of other identified housing-related health or safety hazards to the owner of the unit, for purposes of remediation, is encouraged but not required. Submission of any information on the properties to databases (whether Web site, computer, paper, or other format) of addresses of identified, treated or cleared housing units is subject to the protections of the Privacy Act of 1974, and shall not include any personal information that could identify any child affected. h. All pest control activities shall incorporate the principles and methods of integrated pest management (IPM). In technical terms, IPM is the coordinated use of pest and environmental information with available pest control methods to prevent unacceptable levels of pest damage by the most economical means and with the least possible hazard to people, property, and the environment. The IPM approach emphasizes a targeted use of pesticides that limits the possibility of human exposure (e.g., as opposed to wide-spread applications) and includes interventions based on the behavior of the target pest (e.g., preventing access to food or water). One source for information on IPM is Environmental Health Watch; you can download information from its Web site: http://www.ehw.org/Asthma/ASTH--Cockroach--Control.htm. i. Awardees collecting samples of settled dust from participant homes for environmental allergen analyses (e.g., cockroach, dust mite) will be required to use a standard dust sampling protocol, unless there is a strong justification to use an alternate protocol. The HUD protocol is posted on the OHHLHC Web site at: http://www.hud.gov/ offices/lead/hhi/hhiresources.cfm. Awardees conducting these analyses will also be required to include quality control dust samples, provided by OHHLHC at no cost, with the samples that are submitted for laboratory analyses. For the purpose of budgeting laboratory costs, assume that 5% of your total allergen dust samples would consist of QC samples. j. You must follow procedures for hazardous waste disposal as required by the Occupational Health and Safety Administration (OSHA) (e.g., 29 CFR part 1910 and/or 1926, as applicable), the EPA (e.g., 40 CFR parts 61, 260-282, 300-374, and/or 700-799, as applicable), the Department of Transportation (e.g., 49 CFR parts 171-177), and/or appropriate state or local regulatory agencies and applicable EPA, HUD, state, and local regulatory agency guidance. You must handle disposal of wastes from hazard control activities that contain lead-based paint, but are not classified as hazardous in accordance with state or local law or the Guidelines for the Evaluation and Control of Lead-Based Hazards in Housing (HUD Guidelines). The Guidelines may be downloaded from the HUD Web site at: http://www.hud.gov. k. Worker Protection Procedures. You must comply with the procedures for worker protection established in the HUD Guidelines as well as the requirements of OHSA, e.g., 29 CFR part 1910 and/or 1926, as applicable, or the state or local occupational safety and health regulations, whichever are more stringent. l. Written Policies and Procedures. You must have written policies and procedures for all phases of interventions, including evaluation, development of specifications, financing, occupant relocation, independent project inspection, and clearance testing (e.g., for mold, lead, carbon monoxide or other hazards, as applicable). You and all your subcontractors, sub-recipients, and their contractors must comply with these policies and procedures. m. Data Collection and Provision. You must collect, maintain, and provide to HUD the data necessary to document the various approaches used to evaluate and control housing-based health hazards, including evaluation and control methods, building conditions, medical and familial information (with confidentiality of individually-identifiable information ensured) in order to determine the effectiveness and relative cost of these methods. n. Section 3 Employment Opportunities. Recipients of assistance in the Healthy Homes Demonstration Program must comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for Low- and Very Low-Income Persons in Connection with Assisted Projects) and the HUD regulations at 24 CFR part 135, including the reporting requirements of subpart E. See Sec.V.c, Rating Factor 3.3, for recommendations for implementing Section 3 Employment Opportunities. o. Certifications and Assurances. By signing the SF-424 you are agreeing to the certifications and assurances listed in the General Section and this NOFA. A Certification of Consistency with the Consolidated Plan is not required for the Healthy Homes Demonstration NOFA. p. Conducting Business in Accordance with HUD Core Values and Ethical Standards. If awarded assistance under the Healthy Homes Demonstration NOFA, you will be required, prior to entering into a cooperative agreement or grant with HUD, to submit a copy of your code of conduct and describe the methods you will use to ensure that all officers, employees, and agents of your organization are aware of your code of conduct. If you previously submitted your Code of Conduct to HUD and it appears in the listing on HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm, you do not have to resubmit the information unless there has been a change in the legal name, address or authorizing official for your organization. See the General Section for information about conducting business in accordance with HUD's core values and ethical standards. 4. DUNS Requirement. Refer to the General Section for information regarding the DUNS requirement. IV. Application and Submission Information If you are interested in applying for funding under this program, please review carefully all sections in this Notice of Funding Availability. [[Page 13924]] A. Web Address To Access an Application Package Copies of this published NOFA and application forms for this program may be downloaded from the Grants.gov Web site at http://www.grants.gov. If you have difficulty accessing the information you may call the Grants.gov helpline toll-free at (800) 518-GRANTS or e- mail [email protected]. Helpline customer representatives will assist you in accessing the information. B. Content and Form of Application Submission The following provides instructions on the items to be submitted as part of the application. See the General Section for instructions for submitting third party documents and electronic files. 1. An abstract describing the goals and objectives of your proposed program (2-page limit, single-spaced, 12-point standard font, \3/4\- inch margins) must be included in the proposal. The abstract should include the title of your proposed project, the name, mailing address and telephone number of the principal contact person for the primary entity and the same information for sub-contractors, partners, etc. 2. A narrative statement addressing the rating factors for award. Number the pages of your narrative statement and include a header and a footer that provides the name of the applicant and the name of the program to which you are applying. Narrative statements provided as part of the application should be individually labeled to identify the rating factor to which the narrative is responding (e.g. Factor 1, Capacity, etc.). The overall response to the rating factors must not exceed a total of 25 pages including all rating factors (single-sided, single-spaced, 12 point standard font, \3/4\-inch margins). Any pages in excess of this limit will not be read. 3. The score for each rating factor will be based on the rating factor's numbered portion of your narrative statement, supplemented by materials referenced and discussed in that portion of your narrative statement; supplemental material that is not referenced and discussed within the narrative statements will not be rated. 4. The position descriptions and resumes, if available, of your project director and project manager and up to three additional key personnel (in accordance with Rating Factor 1), not to exceed 3 pages each (single-spaced, 12-point font with \3/4\-inch margins). This information will not be counted toward the page limit. 5. Any attachments, materials, references, or other relevant information that directly support the narrative must not exceed 20 pages for your entire application. Any pages in excess of this limit will not be read. See the General Section for instructions for submitting third party documents or material not readily available in electronic format. 6. A detailed budget with supporting justification for all budget categories of your funding request, in accordance with Rating Factor 3, (2)(b). This information will not be counted towards the page limits. In completing the budget forms and justification, you should address the following elements: a. Direct Labor costs should include all full- and part-time staff required for the planning and implementation phases of the project. These costs should be based on full time equivalent (FTE) or hours per year (hours/year) (i.e., one FTE equals 2,080 hours/year). b. You should budget for three trips to HUD Headquarters in Washington, DC, planning each trip for two people, assuming that the first trip will occur shortly after funding, for a stay of five or six days, depending on your location, and the remaining trips will have a stay of one or two days, depending on your location. c. A separate budget proposal should be provided for any sub- recipients receiving more than 10 percent of the total Federal budget request. d. You should be prepared to provide supporting documentation for salaries and prices of materials and equipment upon request. e. Organizations that have a federally negotiated indirect cost rate should use that rate and the appropriate base. Other organizations should submit their proposal with their suggested indirect rate. If they are funded and HUD is the cognizant agency, it will set a rate; otherwise HUD will request the cognizant federal agency to set the rate. f. You should submit a copy of the negotiated rate agreements for fringe benefits and indirect costs, if applicable, as an attachment to the budget sheets. 7. Applicants are encouraged to use the following checklist to ensure that all required materials have been prepared and submitted. You are not required to submit this checklist with your application. Checklist for Healthy Homes Demonstration Program Applicants [sbull] Applicant Abstract (limited to 2 pages). [sbull] Rating Factor Responses (Total narrative response limited to 25 pages). 1. Capacity of the Applicant and Relevant Organizational Experience-- Form HUD 96012. 2. Need/Extent of the Problem-Form HUD-96013. 3. Soundness of Approach--Form HUD-96014. 4. Leveraging Resources--Form HUD-96015. 5. Achieving Results and Program Evaluation--Form HUD-96010 Logic Model. [sbull] Required materials in response to rating factors (does not count towards 25-page limit). Form SF 424 Application for Federal Assistance. Form HUD-424-CB Grant Application Detailed Budget. Form HUD-CBW Budget Worksheet. Form SF-424 Supplement Survey on Ensuring Equal Opportunity for Applicants (to be completed by private nonprofit organizations only). Form SF-LLL Disclosure of Lobbying Activities. Form HUD-2880 Applicant/Recipient Disclosure/Update Report. Form HUD-2990 Certification of Consistency with the RC/EZ/EC-II Strategic Plan (if applicable). Form HUD-96011, Facsimile Transmittal to be used for faxing third party letters and other documents for your electronic application in accordance with the instructions in the General Section. HUD's Waiver from submitting electronically (if applicable). Form HUD-2993 Acknowledgment of Application Receipt (only if waiver from electronic submission has been obtained). Resumes of Key Personnel (limited to 3 pages per resume). Organizational Chart. Letters of Commitment (if applicable). Form HUD-2994 Client Comments and Suggestions (Optional). [sbull] Optional material in support of the Rating Factors (20 page limit). C. Submission Dates and Times Electronic applications must be submitted and received by Grants.gov on or before 11:59:59 p.m. eastern time on June 15, 2005. All narrative files and any scanned documents must be submitted as a zip file, single attachment to the electronic application. Refer to the General Section for additional submission requirements including acceptable submission dates, times, methods, acceptable proof of application submission and receipt procedures, and other information regarding application submission. Materials associated to your electronic application submitted by facsimile transmission must also be received by 11:59:59 p.m. eastern time on the application submission date. [[Page 13925]] Applicants receiving a waiver to the electronic submission process must submit the required number of copies of the application by the application submission date to the identified address in Appendix C of the General Section. D. Intergovernmental Review Not required for this submission. E. Funding Restrictions 1. Administrative Costs. There is a 10 % maximum allowance for administrative costs. Additional information about allowable administrative costs is provided in Appendix D of this NOFA at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm. 2. Purchase of Real Property is not permitted. 3. Purchase or lease of equipment having a per unit cost in excess of $5,000 is not permitted, unless prior written approval is obtained from HUD. 4. Medical costs, except as specified above in Section III.C.2, are not permitted. 5. For-profit organizations cannot receive a fee or profit. 6. You must comply with the Coastal Barrier Resources Act (16 U.S.C. 3501). 7. Hazard control of a building or manufactured home that is located in an area identified by the Federal Emergency Management Agency (FEMA) under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128), as having special flood hazards unless: (a) The community in which the area is situated is participating in the National Flood Insurance Program in accordance with the applicable regulations (44 CFR parts 59-79), or less than a year has passed since FEMA notification regarding these hazards; and (b) Where the community is participating in the National Flood Insurance Program, flood insurance on the property is obtained in accordance with section 102(a) of the Flood Disaster Protection Act (42 U.S.C. 4012a(a)). You are responsible for assuring that flood insurance is obtained and maintained for the appropriate amount and term. F. Other Submission Requirements Beginning in FY 2005, HUD requires applicants to submit applications electronically through http://www.grants.gov. Applicants interested in applying for funding must submit their application electronically via the Web site http://www.grants.gov unless you request and are granted a waiver to the electronic submission requirements. This site has easy to follow step-by-step instructions that will enable you to apply for HUD assistance. The http://www.grants.gov feature includes a simple, unified application process to enable applicants to apply for grants online. Refer to the General Section for other application submission requirements including instructions on how to request a waiver to the electronic application submission requirement. V. Application Review Information A. Criteria 1. Rating and Ranking. Applications will be reviewed by an Application Review Panel (ARP) which will assign each application a numerical score based on the rating factors presented below. The ARP chairperson initially selects and provides at least one application to panel members to score during a calibration round to ensure that all panel members are consistent in their interpretation of the rating factors. When the calibration round is completed, each application is reviewed and scored by at least two panel members who will assign a score based on the rating factors presented in section V.A.2 below. Each factor is weighted as indicated by the number of points that are attainable for it. An average score is then computed for each application. The ARP chair may call upon an advisor to the ARP to review and comment on a proposal; however, the advisor does not score the application. Nonetheless, advisor comments will be documented and retained as a part of the record. The ARP holds a final meeting to identify the top-ranking applications to be recommended for funding. Awards will be made separately in rank order within the limits of funding availability. The maximum score that can be assigned to an application is 102 points. Applicants should be certain that these factors are adequately addressed in the project description and accompanying materials. a. Five rating factors: Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (20 points); Rating Factor 2: Need/Extent of the Problem (15 points); Rating Factor 3: Soundness of Approach (40 points); Rating Factor 4: Leveraging Resources (10 points); Rating Factor 5: Achieving Results and Program Evaluation (15 points); RC/EZ/EC-II Bonus Points (2 points); TOTAL: 102 points. Applicants are eligible to receive up to two bonus points for projects located within federally designated Renewable Communities (RCs), Empowerment Zones (EZs), or Enterprise Communities (ECs) designated by USDA in round II (EC-IIs) (collectively referred to as RC/EZ/EC-IIs), and which will serve the residents of these communities (see the General Section). In order to be eligible for the bonus points, applicants must submit a completed Form HUD-2990. 2. Rating Factors. The factors for rating and ranking applicants, and maximum points for each factor, are provided below. a. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (20 Points). This factor addresses your organizational capacity necessary to successfully implement your proposed activities in a timely manner. The rating of you or your staff includes any grassroots community-based nonprofit organizations, including faith-based organizations, sub- contractors, consultants, sub-recipients, and members of consortia that are firmly committed to your project. HUD strongly encourages the formation and development of consortia in implementing your project goals. Applicants that either are or propose to partner, fund, or sub- contract with grassroots community-based nonprofit organizations, including faith-based organizations, in conducting their work programs will receive higher rating points as specified in the General Section. In rating this factor, HUD will consider the four items listed below. (1) Capacity and Qualifications of Principal Investigator and Key Personnel. Describe your recent, relevant, and successful demonstrated experience in undertaking eligible program activities. You must describe the knowledge and experience of the proposed overall project director and day-to-day project manager in planning and managing large and complex interdisciplinary programs, especially those involving housing, public health, or environmental programs. In your narrative response for this factor, you should include information on your project staff, their experience with housing and health programs, percentage commitment to the project, and position titles. Resumes of up to three pages each and position descriptions for up to three key personnel in addition to the project director and project manager, and a clearly delineated organizational chart for the Healthy Homes project you propose, must be included in your application submission. Position descriptions and copies of job announcements (including salary range) [[Page 13926]] should be included for any key positions that are currently vacant or contingent upon an award. Indicate the name of the position, the percentage of time that proposed staff will devote to your project and any salary costs to be paid by funds from this program. Successful applicants must hire all key staff positions identified in the proposal as vacant or required in the award agreement within 120 days of award. Include descriptions of the experience and qualifications of subcontractors and consultants. You may find it useful to include a table indicating the name, position and percentage contribution of staff members, specifying organizational affiliation. This table may be incorporated into the text of your proposal or included with the supporting materials. (2) Qualifications of Applicant and Partner Organizations. Discuss your qualifications to carry out the proposed activities as evidenced by experience, academic background, training, and/or relevant publications of project staff. Document whether you have sufficient personnel, or will be able to quickly retain qualified experts or professionals to begin your proposed project immediately, and to perform your proposed activities in a timely and effective fashion. Describe how principal components of your organization will participate in, or support, your project and how you propose to coordinate with your partners. You should thoroughly describe capacity, as demonstrated by experience in initiating and implementing related environmental, health, or housing projects. (3) Past Performance of the Organization. This section refers to applicants who have any prior experience in another Healthy Homes or Lead Hazard Control grant, another grant related to environmental health and safety issues, or other experience in a similar program. Provide details about the nature of the project, the funding agency, and your performance, relative to performance measures and the achievement of desired housing- and health-related outcomes. (4) Performance as a Healthy Homes Grantee. If your organization is an existing Healthy Homes grantee, provide a description of the progress and outcomes achieved in that grant. Current grantees that are on or ahead of target, may earn one point based on their demonstrated ability to date. If you received previous Healthy Homes Demonstration funding, you will be evaluated in terms of cumulative progress and achievements under the previous grant. You must complete and submit the Factor 1, Table 1, Capacity of the Applicant and Relevant Organizational Experience, posted at http://www.hud.gov/offices/adm/grants/fundsavail.cfm, to support narrative information submitted. Include this table in supporting materials for your application. It will not be counted towards your page limit. b. Rating Factor 2: Need/Extent of the Problem (15 Points). This factor addresses the extent to which there is a need for your proposed project activities to address documented problems related to healthy homes issues and housing-related hazards in your target area(s) and target group(s). (1) Specifically identify a target area for your proposed activities. Document a critical level of need for your proposed activities in this target area. You should pay specific attention to documenting the need as it applies to your target area(s), and provide statistics for this area, if available, rather than general statistics or information pertinent to a larger geographic area. As noted above, if your target area comprises a Renewal Community, Enterprise Community or Empowerment Zone, indicate the location of this area in the narrative for this rating factor and submit Form HUD-2990, found in the General Section. (2) bonus points are awarded if your target area is located in a Renewal Zone/Empowerment Zone/Enterprise Community-II) (2) Your documentation should summarize available data linking housing-based health hazards to disease or injuries to children in your target area(s), if available. Examples of data that might be used to demonstrate need include: (a) Economic and demographic data relevant to your target area(s), including poverty and unemployment rates; (b) Rates of childhood illnesses (e.g., asthma, elevated blood lead levels) or injuries (e.g., falls, burns) among children residing in your target areas that could be caused or exacerbated by exposure to conditions in the home environment; and (3) For the areas targeted for your project activities, provide data available in your jurisdiction's currently approved Consolidated Plan and the Analysis of Impediments to Fair Housing Choice (AI) or Indian Housing Plan or derived from current census data or from other sources. Provide and reference data that address the following: (a) The age and condition of housing; (b) The number and percentage of low- and very low-income families with incomes less than 50 percent and 80 percent of the median income, respectively, as determined by HUD, for the area. Statistics that describe low- and very-low income families are available at: http:// www.census.gov/housing/saipe/estmod00/est00ALL.dat. Additional census statistics are available at: http://www.census.gov/hhes/www/ income00.html, http://www.census.gov/hhes/income/income00/ statemhi.html, and http://www.huduser.org/datasets/il/fmr00/index.html. Applicants should also consult local data sources, such as city government Web sites, for target area data. (c) To the extent that statistics and other data contained in your community's Consolidated Plan or AI support the extent of the problem, you should include references to the Consolidated Plan or AI in your response; and (d) Data documenting targeted groups that are traditionally underserved or have special needs. For a maximum score in this rating factor, data provided should specifically represent the target area. If the data presented in your response do not specifically represent your target area, you should discuss why the target areas are being proposed. c. Rating Factor 3: Soundness of Approach (40 Points). This factor addresses the quality and cost-effectiveness of your proposed work plan. You should present detailed information on the proposed approach for addressing housing-based health hazards and describe how proposed activities would help HUD achieve its goals for this program area. For you to receive maximum points for this factor, there must be a direct relationship between the proposed activities, documented and demonstrated community needs, and the purpose of the project. Your application will be evaluated according to the comprehensiveness of addressing activities that are applicable to your project. The response to this factor should include details about your technical approach and project activities. HUD is looking for a clear statement of activities, timeline for completing the work and expected deliverables. (1) Approach for Implementing the Project (25 points). (a) Technical Approach. Describe your overall technical approach for strategizing and implementing your proposed project. Your narrative response to this sub-factor will be used to assess how well your proposed project will be executed. In this factor, describe the methods, schedule, milestones, and quality assurance [[Page 13927]] activities that will be carried out to identify and control housing- based health hazards and to achieve the desired project outcomes. Include summary information about the estimated numbers of clients to be contacted, clients enrolled, units to be assessed, units to receive interventions, individuals to be trained and individuals to be reached through education/outreach activities. (b) Project Activities. Your project description must include a discussion of specific planned project activities that address one or more of the following activities. (i) Describe in detail how you will identify, select, prioritize, and enroll units of housing in which you will undertake housing-based health hazard interventions, targeting low-income families with young children under six to the extent feasible, and how you will integrate safe work practices into housing maintenance, repair, and improvements. Describe impediments that you anticipate for recruitment, measures you will perform to sustain recruitment, including incentives, and the staff responsible for both monitoring recruitment status and implementing the measures identified to sustain recruitment. Discuss possible recruitment problems, probability of dropouts and plans to over-recruit to compensate for dropouts. If you anticipate the Health Insurance Portability and Accountability Act (HIPAA) to impact on your recruitment, discuss strategies to address these issues. (ii) Describe any assessment tools you would employ to establish baseline data. These tools include questionnaires, visual assessment protocols and environmental sampling and analysis. Include a description of the process you intend to follow for obtaining IRB approval, if necessary. In particular, describe how you will provide informed consent (e.g., from the subjects, and their parents and guardians, as applicable) to help ensure their understanding of, and consent to, the elements of informed consent, such as the purposes, benefits and risks of the research activities. Describe how this information will be provided and how the consent will be collected. For example, describe the use of ``plain language`` forms, flyers, and verbal scripts, and discuss your plans to work with persons with limited English proficiency and their families, and with families including persons with disabilities. (iii) Describe your process for evaluating units of housing in which you will undertake housing-based health hazard interventions. Provide the estimated total number of owner-occupied and/or rental units in which you will perform assessments and conduct interventions. (iv) Describe any specialized testing, if applicable, or visual assessment that you will conduct during assessment of units and provide a reference to source(s) of the protocol(s). Provide a description of protocols or include protocols with the supporting materials for your application. (v) Discuss efforts to incorporate cost-effective methods to address multiple environmental health and safety hazards, and describe the specific interventions you will employ to control housing-based health hazards before children are affected; and/or to control these hazards in units where children have already been treated for illnesses or injuries associated with housing-based health hazards (e.g., burns, lead poisoning, asthma). Provide an estimate of the cost of each intervention (material costs and labor costs associated with installation) and an estimate of costs projected per unit. Describe your management processes to be used to ensure the cost-effectiveness of the housing interventions. (vi) Describe the process to be followed for referring children for medical case management when needed, and indicate organizations that will be involved in this process. (vii) Describe your process for the development of work specifications for the selected interventions. (viii) Discuss your process to select and obtain contractors for conducting interventions in selected units and provide details about the competitive bidding process, if applicable. (ix) Describe your plan for the relocation of occupants of units selected for intervention, if temporary relocation is necessary. Describe criteria that will determine the need for relocation and identify staff that will make relocation decisions. Address the use of safe houses and other housing arrangements, storage of household goods, stipends, incentives, etc., and the source of funding for relocation. (x) Describe your plan for ensuring right of return and/or first referral for occupants of units selected for intervention who have had to move for intervention to occur. (xi) Describe how you will affirmatively further fair housing, which would include, but not be limited to: Affirmative marketing of the program to those least likely to apply based on race, color, sex, familial status, national origin, religion, disability, especially when persons in these demographic groups are generally not served by the grassroots community-based nonprofit organizations, including faith- based organizations or other partner organizations; providing materials in alternative formats for persons with disabilities; providing materials in languages other than English for individuals with limited English proficiency and their families; assuring long-term residency by families currently living in the community; and assuring that priority for treated units go to those who need the features (treatment) of the unit. (xii) Describe the financing strategy, including eligibility requirements, terms, conditions, and amounts available, to be employed for conducting housing interventions. You must discuss the way funds will be administered (e.g., use of grants, deferred loans, forgivable loans, other resources, private sector financing, etc.) as well as the agency that will administer the process. (xiii) Describe your proposed methods for community and/or targeted education and training. These should include community awareness, education, training, and outreach programs that support your work plan and are culturally sensitive and targeted appropriately. Provide information about specific educational/outreach activities with quantitative data (number of individuals to be reached, etc.) and a description of the intended audience. Describe proposed activities to deliver culturally appropriate educational materials and methods to the target population and communities. Describe efforts to understand and incorporate culturally sensitive approaches to assessment and interventions. (xiv) Provide detailed information about training staff or other organizations to provide the knowledge and skills required to address Healthy Homes issues that are essential for successfully implementing your project (e.g., education, assessments and interventions). Include an outline of training curricula, a description of qualifications of trainers, and selection of individuals or groups who will receive the training. Discuss if Healthy Homes training programs will be expanded to include public housing agencies or Tribally Designated Housing Entities and other potential collaborators, such as grassroots community-based nonprofit organizations, including faith-based organizations, and if so, your plan for doing this. (xv) Describe your proposed involvement of grassroots community- [[Page 13928]] based nonprofit organizations, including faith-based organizations, in the proposed activities including the development of consortia. These activities may include outreach, community education, marketing, inspection, and housing evaluations and interventions. (xvi) Describe your proposed methods to reach high-risk groups and communities, vulnerable populations and persons traditionally underserved. Discuss how you will verify that participants reside in your target area, identified by socio-economic statistics, i.e. low or very low-income levels. Discuss your efforts to include families with children under six in your targeted interventions. (xvii) Indicate if, and describe how, you will address any of HUD's departmental policy priorities (see General Section for a fuller explanation of HUD's policy priorities). You will receive points under Rating Factor 3 for each of the applicable FY 2005 policy priorities that are adequately addressed in your application to a maximum of six points (see the General Section). Policy priorities that are applicable to the Healthy Homes Demonstration NOFA are: (1) Improving our Nation's Communities (focus on distressed communities); (2) Providing Full and Equal Access to Grassroots Community-based Nonprofit Organizations, including Faith-based Organizations in HUD Program Implementation; (3) Participation of Minority-Serving Institutions in HUD Programs; (4) Removal of Regulatory Barriers to Affordable Housing and (5) Promoting Energy Efficiency and Energy Star. (For information on Energy Star Programs and Appliances, see http://oaspub.epa.gov/webi/meta--first-- new2.try--these--first. HUD expects the applicant to implement Energy Star building techniques and utilize Energy Star appliances whenever activities of the grant afford the opportunity. Each policy priority is worth one point, except for policy priority (4), Removal of Regulatory Barriers to Affordable Housing, which is worth up to 2 points, provided the applicant responds to this policy priority as described in this NOFA and submits the required documentation as described in Form HUD 27300. Applicants may also provide a URL Web site address where the documentation can be readily found. Applicants that include work activities that specifically address one or more applicable policy priorities will receive higher rating scores than applicants that do not address these HUD priorities, up to a maximum of 6 points. (2) Approach for Managing the Project. (12 points). Describe your project goals and objectives and the strategy you will use in managing and executing the project. You should provide information on the general approach and overall plan employed. (a) Project Management Plan (10 points). Include a management plan that: (i) Incorporates appropriate performance goals; (ii) Lists the project objectives, major tasks and activities. All specific activities necessary to complete the proposed project must be included in the task. (iii) Provides a schedule for the assignment, tracking and completion of major tasks and activities, and a timeframe for delivery; (iv) Ensures that quality assurance activities and corrective actions are managed; (v) Designates resources and identifies responsible entities (project staff/ partner organizations); (vi) Describes the strategy and methods for coordination and communication between partners; and (vii) Describes the management processes to manage costs and ensure that cost-effective housing interventions will be implemented. (b) Budget Justification (2 points). Your proposed budget will be evaluated for the extent to which it is reasonable, clearly justified, and consistent with the project management plan and intended use of program funds. HUD is not required to approve or fund all proposed activities. Your detailed budget should be submitted using Form ``HUD- CBW''. An electronic copy of this and other budgetary forms are available at: http://www.grants.gov. You must thoroughly document and justify all budget categories and costs (form HUD-424-CB) and all major tasks for yourself, sub-recipients, partners, major subcontractors, joint venture participants, or others contributing resources to the project. Include a 2-page narrative that describes clearly and in detail your budgeted costs for each required program element (major task) included in your overall plan. (You may include this narrative along with the budget forms; it will not count toward the 25-page limit of the narrative.) Include a separate, detailed budget for any sub- grantee who receives 10% or more of the grant funding. HUD-424-CB and HUD 424 CBW are available at http://www.grants.gov in the electronic submission process. (3) Economic Opportunity (3 points). To the greatest extent feasible, your project should promote job training, employment, and other economic opportunities for low-income and minority residents and businesses which are owned by, and/or employ, low-income and minority residents as defined in 24 CFR 135.5. You should: (a) Describe how you or your partners will comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and HUD's implementing rules at 24 CFR part 135. Describe how you will accomplish this requirement by: (i) providing training and employment opportunities for low- and very low-income persons living within the awardee's jurisdiction, and by (ii) providing business opportunities to businesses owned by low- and very low-income persons living within the targeted jurisdiction; information about Section 3 requirements is available by searching HUD's Web site, http://www.hud.gov; (b) Describe how your proposed project will provide opportunities for self-sufficiency, particularly for persons enrolled in welfare-to- work programs, or providing educational and job training opportunities; and (c) Describe the extent to which your proposed activities will occur within a federally designated Renewable Community (RC), Empowerment Zone (EZ), or Enterprise Community designated by USDA in round II (EC-II) as defined in the General Section. d. Rating Factor 4: Leveraging Resources (10 Points). This factor addresses your ability to secure other community resources (e.g., financing, supplies, or services) that can be combined with HUD's resources to achieve project purposes. These community resources may be contributions from organizations such as the applicant, partners, or other organizations not directly involved in the project. (1) In evaluating this factor, HUD will consider the extent to which you have developed partnerships or consortia to secure additional resources to increase the effectiveness of your proposed project. Describe how other organizations will participate in or support your project. Resources may include funding or in-kind contributions (e.g., labor, fringe benefits, services, supplies, or equipment) budgeted for your proposed project. Resources may be provided by state and local governmental entities, public or private organizations, or other partners. (2) The signature of the authorized official on the Form SF-424 commits matching or other contributed resources of the applicant organization. A separate letter of commitment for the match from [[Page 13929]] the applicant organization is not required; however, the applicant must submit a letter of commitment from each organization other than itself that is providing a match, whether cash or in-kind. The letter must describe the contributed resource(s) that will be used in your project and the dollar value of each contribution. Staff and in-kind contributions should be given a market-based monetary value. If you fail to provide letters of commitment, from other organizations, with specific details, including the amount of the actual contributions, you will not get points for this factor. Each letter of commitment, memorandum of understanding, or agreement to participate shall include the organization's name and the proposed level of commitment and responsibilities as they relate to the proposed project. The commitment must be signed by an official legally able to make commitments on behalf of the organization. See the General Section for instructions on how to submit third party documents using the electronic submission process. Letters of support (letters that indicate support, but do not specify a monetary commitment to the project) will not be considered in the scoring of Rating Factor 4. Include information to address the following elements. (a) The extent to which you have coordinated your activities with other known organizations that are not directly participating in your proposed work activities, but with which you share common goals and objectives. (i) Describe your plan for integrating and coordinating housing- based health hazard interventions with other housing-related activities (e.g., rehabilitation, weatherization, correction of code violations, and other similar work). (ii) Describe your plans to generate and use public subsidies or other resources, such as loan funds, to finance future interventions to prevent and control housing-based health hazards, particularly in families with children under six years of age living in low- and very low-income housing. (b) The extent to which your project exhibits the potential to be financially self-sustaining by decreasing dependence on federal funding and relying more on state, local and private funding to continue healthy homes activities after the funding period is completed. Applicants are to complete the Factor 4 table, Leveraging Resources that is posted at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. e. Rating Factor 5: Achieving Results and Program Evaluation (15 points). This rating factor reflects HUD's goal to embrace high standards of ethics, management and accountability. HUD is committed to ensuring that applicants keep promises made in their applications and assess their performance to ensure that performance goals are met. Achieving results means you have clearly identified the benefits or outcomes of your program. Outcomes are ultimate goals. Benchmarks or outputs are interim activities or products that lead to the ultimate achievement of your goals. Program evaluation requires that you identify program outcomes, interim benchmarks, and performance indicators that will allow you to measure your performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Your Evaluation Plan should identify what you are going to measure, how you are going to measure it, and the steps you have in place to make adjustments to your work plan if performance targets are not met within established time frames. In your response to this rating factor, you are to discuss the performance goals for your project, and identify specific outcome measures. Identify and discuss the specific methods you will use to measure progress towards your goals, track and report results of assessments and interventions, and evaluate the effectiveness of interventions; identify important project milestones (e.g., the end of specific phases in a multi-phased project) and deliverables specific to your project timeline; and identify milestones that are critical to achieving project objectives (e.g., developing questionnaires or protocols, hiring staff, recruitment of participants, and IRB approval and/or HIPAA Authorization, if applicable); identify benchmarks such as number of units that received intervention, percent of interventions that occurred in high-risk communities, etc., that you will use to track the progress of your project. You should also identify how your project will be held accountable for meeting project goals, objectives, and the actions undertaken in implementing the program. You should provide assurances that work plans and performance measures developed for your project will be achieved in a timely and cost-effective manner. You must complete and return the Form HUD-96010, Logic Model, showing your proposed project long-term, mid-term, short-term, and final results, and how they support HUD's departmental goals and objectives. The Logic Model and instructions for completing the form are located in the General Section. Information about developing a Logic Model is available at: http://www.grants.gov. In evaluating Rating Factor 5, HUD will consider how you have described the benefits and outcome measures of your program. HUD will also consider the proposed objectives and performance objectives relative to cost and achieving the purpose of the program, as well as the evaluation plan, to ensure the project is on schedule and within budget. B. Reviews and Selection Process Information on the review and selection process is provided in the General Section. The General Section also provides the procedures for correcting deficient applications. C. Anticipated Announcement and Award Dates The anticipated award date for this NOFA is September 30, 2005. VI. Award Administration Information A. Award Notices 1. Applicants Selected for Award. Successful applicants will receive a letter from the Office of Healthy Homes and Lead Hazard Control Grant Officer. The letter will provide additional details regarding the effective start date of the cooperative agreement or grant and any additional data and information to be submitted to execute a cooperative agreement or grant. This letter is not an authorization to begin work or incur costs under the cooperative agreement or grant. HUD may require that all the awardees participate in negotiations to determine the specific terms of the cooperative agreement or grant and budget. In cases where HUD cannot successfully conclude negotiations with a selected applicant or a selected applicant fails to provide HUD with requested information, an award will not be made to that applicant. In this instance, HUD may offer an award, and proceed with negotiations with the next highest-ranking applicant. If you accept the terms and conditions of the cooperative agreement or grant, you must return your signed cooperative agreement or grant by the date specified during negotiation. After receiving the letter, additional instructions on how to have the cooperative agreement or grant account entered into HUD's Line of Credit Control System (LOCCS) payment system will be provided. Other forms [[Page 13930]] and program requirements will also be provided. In accordance with OMB Circular A-133 (Audits of States, Local Governments and Nonprofit Organizations), awardees will have to submit their completed audit-reporting package along with the Data Collection Form (SF-SAC) to the Single Audit Clearinghouse. The address can be obtained from their web site. The SF-SAC can be downloaded at: http:// harvester.census.gov/sac/. 2. Debriefing. The General Section provides the procedures for unsuccessful applicants to request a debriefing. B. Administrative and National Policy Requirements Refer to the General Section for additional details regarding the Administrative and National Policy Requirements applicable to HUD Programs. 1. Environmental Requirements. Under the Consolidated Appropriations Act, 2005, the provisions of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994, implemented by HUD regulations at 24 CFR part 58, ``Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities,'' are applicable to properties assisted with Healthy Homes Demonstration Grant funds. In accordance with part 58, applicants under this NOFA that are States, units of general local governments or Indian Tribes must act as the responsible entity and assume the environmental review responsibilities for activities funded under this NOFA. Other applicants must arrange for the unit of general local government or Indian Tribe to act as the responsible entity. Under 24 CFR 58.11, if a non-recipient responsible entity objects to performing the environmental review, or if a recipient that is not a responsible entity objects to the local or tribal government performing the environmental review, HUD may designate another responsible entity to perform the review or may perform the environmental review itself under the provisions of 24 CFR part 50. Healthy Homes Demonstration grant applicants and other participants in activities under this NOFA may not undertake, or commit or expend Federal or non-Federal funds (including HUD-leveraged or match funds) for, housing interventions, related rehabilitation or other physical activities until the responsible entity completes an environmental review and the applicant submits and obtains HUD approval of a request for release of funds and the responsible entity's environmental certification in accordance with part 58 (or until HUD has completed an environmental review under part 50). The results of environmental reviews on individual projects may require that proposed activities be modified or proposed sites rejected. For assistance, contact Karen Choi, the Office of Healthy Homes and Lead Hazard Control Environmental Officer at (213) 534-2458 (this is not a toll-free number) or the HUD Environmental Review Officer in the HUD Field Office serving your area. If you are a hearing-or speech-impaired person, you may reach the telephone number via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339. Recipients of a cooperative agreement under this NOFA will be given guidance in these responsibilities. 2. Executive Order 13202. Compliance with HUD regulations at 24 CFR 5.108 that implement Executive Order 13202, ``Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally-Funded Construction Projects'' is a condition of receipt of assistance under a HUD Program NOFA. 3. Procurement of Recovered Materials. See the General Section for information concerning this requirement. 4. Relocation. Any person (including individuals, partnerships, corporations, or associations) who moves from real property or moves personal property from real property directly (1) because of a written notice to acquire real property, in whole or in part, or (2) because of the acquisition of the real property, in whole or in part, for a HUD- assisted activity, is covered by federal relocation statutes and regulations. Specifically, this type of move is covered by the acquisition policies and procedures and the relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and the implementing government wide regulation at 49 CFR part 24. The relocation requirements of the URA and the government wide regulations cover any person who moves permanently from real property or moves personal property from real property directly because of acquisition, rehabilitation or demolition for an activity undertaken with HUD assistance. While the Healthy Homes Demonstration Grant Program is not HUD assistance, the grantee must relocate families to decent, safe and sanitary housing, and should use the URA as guidance for doing so. If families or individuals are temporarily relocated in a project which utilizes Community Development Block Grant funds, the guidance and requirements of 24 CFR 570.606(b)(2)(i)(D)(1)-(3) must be met. HUD recommends you review these regulations when preparing your proposal. (They can be downloaded from the Government Printing Office Web site at http://www.gpoaccess.gov/ cfr/ by entering ``24CFR570.606'' in quotes without any spaces in the Quick Search box.) See Section III.C of the General Section for additional information about relocation. 5. Davis-Bacon Act. The Davis-Bacon Act does not apply to this program. However, if program funds are used in conjunction with other federal programs in which Davis-Bacon prevailing wage rates apply, then Davis-Bacon provisions would apply to the extent required under the other federal programs. 6. Audit Requirements. Any grant recipient that spends $500,000 or more in federal financial assistance in a single year must meet the audit requirements established in 24 CFR part 84 or 85, as applicable, in accordance with OMB Circular A-133. C. Reporting Successful applicants will be required to submit quarterly and final program and financial reports according the requirements of the Office of Healthy Homes and Lead Hazard Control. Specific guidance and additional details will be provided to successful applicants. The following items are a part of OHHLHC reporting requirements. 1. Final Work Plan and Budget are due prior to the effective start of the cooperative agreement or grant. 2. Quality Assurance Plan (QAP). Successful Healthy Homes Demonstration applicants that will be collecting housing, demographic or environmental data in a formalized manner for use in assessing effectiveness of the approaches being demonstrated under the cooperative agreement or grant will be required to submit a Quality Assurance Plan (QAP) to HUD prior to initiating work under the cooperative agreement or grant. This is a streamlined version of the format used by some other Federal agencies, and is intended to help ensure the accuracy and validity of the data that you will collect under the cooperative agreement or grant. (See the HUD Office of Healthy Homes and Lead Hazard Control's Internet site, http:// www.hud.gov/offices/lead, for the QAP template). Your proposed project activities should include developing [[Page 13931]] this QAP. The QAP will be submitted to HUD as a part of your work plan. 3. Progress reports are due on a quarterly basis. Project benchmarks and milestones will be tracked using a benchmark spreadsheet that uses the benchmarks and milestones identified in the Logic Model form (HUD-96010) approved and incorporated into your award agreement. For specific reporting requirements, see policy guidance: http:// www.hud.gov/offices/lead. 4. A final report is due at the end of the project period, which includes final project benchmarks and milestones achieved against the proposed benchmarks and milestones in the Logic Model (HUD-96010) approved and incorporated into your award agreement. Specific information on all reporting requirements will be provided to successful applicants. 5. Racial and Ethnic Beneficiary Data. HUD does not require Healthy Homes Demonstration Grantees to report ethnic and racial beneficiary data as part of their initial application package. However, such data must be reported on an annual basis, at a minimum, during the implementation of your grant. You must use the Office of Management and Budget's Standards for the Collection of Racial and Ethnic Data to report these data, using Form HUD-27061, Racial and Ethnic Data Reporting Form, found on http://www.grants.gov, along with instructions for its use. VII. Agency Contacts For questions related to the application process, you may contact the Grants.gov helpline at 800-518-GRANTS. For programmatic questions, you may contact by writing: Emily Williams, Director; Healthy Homes Division; Department of Housing and Urban Development; Office of Healthy Homes and Lead Hazard Control; 451 Seventh Street, SW., Room P3206; Washington, DC 20410-3000; or by telephone by calling (336) 547- 4002, extension 2067 (this is not a toll-free number); or via e-mail at: [email protected]. For administrative questions, you may contact Curtissa L. Coleman, Grants Officer, at the address above or by telephone at: (202) 755-1785, extension 119 (this is not a toll-free number) or via e-mail at: [email protected]. If you are hearing or speech-impaired, you may reach the above telephone numbers via TTY by calling the toll-free Federal Information Relay Service at 800-877-8339. VIII. Other Information A. HUD Reform Act The provisions of the HUD Reform Act of 1989 that apply to this NOFA are discussed in the General Section. Refer to the General Section for details regarding other information on submitting a complete application that meets HUD requirements. For additional general, technical, and program information pertaining to the Office of Healthy Homes and Lead Hazard Control, visit: http://www.hud.gov/healthyhomes. B. Appendices Appendix A, which contains forms that are required to be completed and submitted as part of your response to the rating factors that are discussed in Section V, and Appendices B through D to this Healthy Homes Demonstration Program NOFA, can be found and downloaded from HUD's Web site at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm. BILLING CODE 4210-32-P [[Page 13932]] [GRAPHIC] [TIFF OMITTED] TN21MR05.148 [[Page 13933]] [GRAPHIC] [TIFF OMITTED] TN21MR05.149 [[Page 13934]] [GRAPHIC] [TIFF OMITTED] TN21MR05.150 [[Page 13935]] [GRAPHIC] [TIFF OMITTED] TN21MR05.151 [[Page 13936]] [GRAPHIC] [TIFF OMITTED] TN21MR05.152 [[Page 13937]] Operation Lead Elimination Action Program (LEAP) Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control. B. Funding Opportunity Title: Operation Lead Elimination Action Program (LEAP). C. Announcement Type: Initial Announcement. D. Funding Opportunity Number: FR-4950-N-31, OMB Approval Number 2539-0015. E. Catalog of Federal Domestic Assistance (CFDA) Number: 14.903, Operation Lead Elimination Action Program. F. Dates: For 2005, HUD is accepting electronic applications utilizing Grants.gov. The application submission date is June 9, 2005. See the General Section for specific instructions for application submissions procedures and timely filing. G. Additional Overview Content Information: 1. Purpose of the Program. The purpose of the Operation Lead Elimination Action Program (LEAP) is to provide grants to private sector and nonprofit organizations to leverage funds for addressing lead hazards in privately owned housing units and eliminating lead poisoning as a major public health threat to young children. 2. Available Funds. Approximately $8 million in fiscal year (FY) 2005 funds. 3. Eligible Applicants. To be eligible to apply for funding under this program, the applicant must be a tax-exempt nonprofit (501(c)(3)), or other non-profit or for-profit entity or firm. For-profit institutions are not allowed to earn a fee. Colleges and Universities are also eligible to apply. National and local parent groups are encouraged to apply. States and units of general local government and their departments are not eligible. Full Text of Announcement I. Funding Opportunity Description Program Description. Operation LEAP funds are for grants to private sector and non-profit organizations for activities that leverage additional funding for addressing lead hazards in eligible privately owned housing units and eliminating lead poisoning as a major public health threat to young children. HUD's authority for making funding available under this NOFA is the Consolidated Appropriations Act, 2005 (Pub. L. 108-447; approved December 8, 2004). Leveraged funds must be spent exclusively on addressing lead hazards in eligible privately owned housing units. Applicants are encouraged to employ creativity and initiative in mobilizing resources expeditiously for lead hazard control prevention efforts. Based upon the responses provided to the rating factors criteria described below, grants will be awarded to those entities that submit a detailed plan and strategy that demonstrates adequate capacity to implement the program and demonstrates the ability to generate and use private sector resources for lead hazard control prevention efforts. LEAP funds may also be used to eliminate lead-based paint hazards in low-income privately owned housing as well as implementing other lead hazard control strategies as defined by Title X of the Housing and Community Development Act of 1992 (42 U.S.C. 4851 et seq.). However, these activities are only eligible if they are tied directly to a leveraging strategy. For example, LEAP funds could be used to fund the replacement of windows that are determined to be a lead-based paint hazard, while leveraged funds from owners could be used to do paint stabilization elsewhere in the unit (or in other units) where lead- based paint hazards are present. II. Award Information Funding Available: Approximately $8 million in fiscal year (FY) 2005 funds. The maximum award shall be $2 million per grant. HUD anticipates that approximately 4 to 6 grants will be awarded. The period of performance is 36 months. The first 18 months shall be used for obtaining the leveraged private sector resources. A period of performance extension for delays due to exceptional conditions beyond the grantee's control will be considered for approval by HUD in accordance with 24 CFR 84.25(e)(2) and the Office of Healthy Homes and Lead Hazard Control Program Guide. Only one extension will be provided for a period not to exceed 12 months. III. Eligibility Information See the General Section for additional eligibility requirements applicable to HUD Programs. A. Eligible Applicants To be eligible to apply for funding under this program, the applicant must be a tax-exempt nonprofit (501(c)(3)), or other non- profit or for-profit entity or firm. For-profit institutions are not allowed to earn a fee. Colleges and Universities are also eligible. National and local parent groups are encouraged to apply. States and units of general local government and their departments are not eligible. Applicants who received awards under the fiscal year 2004 Notice of Funding Availability published in the Federal Register on May 14, 2004 are eligible to apply under this NOFA. B. Cost Sharing or Matching There is no match requirement for this grant. C. Other To be eligible for funding under this NOFA, the applicant must meet all federal statutory and regulatory requirements applicable to this program including 24 CFR part 84 and applicable OMB circulars (i.e., cost principal, uniform administrative requirements, audits). In addition, you will be required to comply with all state and local statutes, regulations or other applicable requirements. 1. Threshold Requirements. As an applicant, you and any sub- recipient must meet all of the threshold requirements in Section III.C of the General Section. Applications that do not address the threshold items will not be funded. 2. Eligible Activities. Activities conducted for the purpose of developing and implementing local or regional strategies designed to leverage or mobilize resources from the private sector are eligible activities. These activities may include, but are not necessarily limited to: a. Providing technical lead safety training to workers or supervisors regarding lead safe work practices; b. Conducting outreach and related activities that are directly tied to a leveraging strategy, and that will result in increased lead hazard control activities in low-income privately owned or owner occupied housing with lead-based paint hazards. c. Lead hazard control activities tied directly to a leveraging strategy and conducted in low- and very low-income eligible privately- owned rental and occupied housing units, including: (1) Performing dust, paint or soil testing, hazard screens, inspections, and risk assessments of eligible housing constructed before 1978 to determine the presence of lead-based paint and/or lead hazards from paint, dust, or soil; (2) Conducting lead hazard control, which may include interim control of lead based paint hazards in housing (which may include specialized cleaning techniques to address lead dust); or abatement of lead-based paint hazards, including soil and dust, by means of removal, enclosure, encapsulation, or replacement methods, where necessary. Unless there are only [[Page 13938]] a few surfaces coated with lead paint, complete abatement of all lead- based paint or lead-contaminated soil is not usually acceptable as a cost-effective strategy unless justification is provided and subsequently approved by HUD. Abatement of lead-contaminated soil should be limited to areas with bare soil in the immediate vicinity of the structure, i.e., drip line or foundation of the structure being treated, and children's play areas. All hazard control activities must comply with 24 CFR part 35, subpart R, the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing and all applicable Federal, state and local regulations; in the case of a conflict between any of the above, the more stringent shall apply; (3) Carrying out temporary relocation of families and individuals during the period in which lead hazard control is conducted and until the time the affected unit receives clearance for re-occupancy; (4) Performing blood lead testing and air sampling to protect the health of the hazard control workers, supervisors, and contractors; and (5) Undertaking minimal housing rehabilitation activities that are specifically required to carry out effective hazard control, and without which the hazard control could not be completed and maintained. Operation LEAP grant funds and leveraged funds may be used for lead hazard control work done in conjunction with other housing rehabilitation programs. HUD strongly encourages integration of this grant program with housing rehabilitation, weatherization, and other energy conservation activities. (6) Conducting clearance dust-wipe testing and associated laboratory analysis. (7) Purchasing or leasing no more than two (2) X-ray fluorescence analyzers for use by the Program, if not already available. d. Eligible costs that include providing all necessary administrative and indirect support, including rent, equipment, materials, travel expenses and logistics, and subcontractor/consultant costs necessary to carryout grant activities. 3. Program Requirements. In general, applicants conducting lead hazard control activities must ensure that work is conducted in compliance with the applicable requirements of HUD's Lead-Safe Housing Regulation, 24 CFR part 35, and as clarified in HUD's Interpretive Guidance about the rule located at http://www.hud.gov/offices/lead/ guidelines/leadsaferule/index.cfm. a. Eligible Housing Units. LEAP funds may be used to support lead hazard control work in eligible low- and very low-income privately owned rental and occupied housing units. Refer to Section III.C.5 below about downloading a list (Eligibility of HUD-Assisted Housing) of the HUD-associated housing programs that meet the definition of eligible housing under this program. b. Continued Availability of Lead-Safe Housing to Low-Income Families. Units in which lead hazards have been controlled under this program shall be occupied by and/or continue to be available to low- income families for at least three years as required by Title X (Section 1011). Affirmative marketing to families (particularly low- income families with children under six years of age) is encouraged, as described under Rating Factor 5. The grantee must also notify the owner of information on lead hazard evaluation and control generated during grant activities in the housing, so that the housing owner will comply with disclosure requirements under 24 CFR part 35, subpart A. c. Testing. For applicants conducting lead hazard control activities, all testing and sampling shall conform to the current HUD Guidelines and federal, state, or tribal regulations developed as part of the appropriate contractor certification program whichever is more stringent. Testing must be conducted according to the HUD Guidelines, located at http://www.hud.gov/offices/lead/guidelines/hudguidelines/ index.cfm, and the EPA lead hazard standards rule at 40 CFR part 745. All units undergoing lead hazard control must have clearance testing performed. (1) Lead-Based Paint and Lead-Based Paint Hazard Identification. For applicants conducting lead hazard control activities, an inspection or risk assessment is required. You should ensure that lead paint inspection and risk assessment reports are conducted in accordance with established protocols and sufficient to support hazard control decisions. (2) Clearance Testing. For applicants conducting lead hazard control activities, clearance testing shall be completed in accordance with Chapter 15 of the HUD Guidelines and the EPA lead hazards standards rule at 40 CFR part 745 for abatement projects and the Lead- Safe Housing Rule (24 CFR part 35) for lead hazard control activities or other abatement. The clearance standards shall be the more restrictive of those set by the local jurisdiction or by EPA or HUD. (3) Blood Lead Testing: HUD recommends testing each occupant who is under six years of age for lead poisoning prior to proceeding with the housing intervention. Any child with an elevated blood lead level should be referred for appropriate medical follow-up. The standards for such testing are described in the Centers for Disease Control and Prevention (CDC) publications Preventing Lead Poisoning in Young Children (1991), and Screening Young Children for Lead Poisoning: Guidance for State and Local Public Health Officials (1997). d. Written Policies and Procedures. For applicants conducting lead hazard control activities, you must have clearly established written policies and procedures for eligibility, program marketing, unit selection, expediting work on homes occupied by children with elevated blood lead levels, and all phases of lead hazard control, including risk assessment, inspection, development of specifications, pre-hazard control blood lead testing, financing, relocation, and clearance testing. Grantees, subcontractors, sub-grantees, sub-recipients, and their contractors must adhere to these policies and procedures. e. Prohibited Practices. For applicants conducting lead hazard control activities, you must not engage in the following prohibited practices: (1) Open flame burning or torching; (2) Machine sanding or grinding without a high-efficiency particulate air (HEPA) exhaust control; (3) Uncontained hydro blasting or high-pressure wash; (4) Abrasive blasting or sandblasting without HEPA exhaust control; (5) Heat guns operating above 1,100 degrees Fahrenheit; (6) Chemical paint strippers containing methylene chloride or other volatile hazardous chemicals in a poorly ventilated space; and (7) Dry scraping or dry sanding, except scraping in conjunction with heat guns or around electrical outlets or when treating no more than two square feet in any one interior room or space, or totaling no more than 20 square feet on exterior surfaces. f. Research. In conformance with the Common Rule (Federal Policy for the Protection of Human Subjects, codified by HUD at 24 CFR part 60), for applicants conducting blood lead testing as part of a research effort, your organization must provide an assurance (e.g., a letter signed by an appropriate official) that the research has been reviewed and approved by an Institutional Review Board (IRB) before you can receive funds from HUD for activities that require IRB approval. Before receiving such funds, you must also provide the number for your [[Page 13939]] organization's assurance (i.e., an ``institutional assurance'') that has been approved by the Department of Health and Human Service's Office of Human Research Protections (OHRP). For additional information on what constitutes human subject research or how to obtain an institutional assurance see the OHRP Web site at http:// ohrp.osophs.dhhs.gov/. g. Conducting Business in Accordance with HUD Core Values and Ethical Standards. Refer to the General Section for information about conducting business in accordance with HUD's core values and ethical standards. h. Applicants must also comply with HUD's Section 3 requirements as stated at 24 CFR 135.3(a)(2)(i). 4. DUNS Requirement. Refer to the General Section for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD. 5. Eligibility of HUD-Assisted Housing. The chart ``Eligibility of HUD-Assisted Housing'' available at http://www.hud.gov, lists the ``eligible'' housing units that may participate under LEAP when lead hazard control is tied directly to a leveraging strategy. IV. Application and Submission Information A. Addresses To Request Application Package 1. Application Submission. See the General Section for specific procedures for application submission and timely receipt procedures. Be advised there is no Application Kit for the Operation Lead Elimination Action Program. All the information required to submit an application is available in the application and instructions at http://www.grants.gov. a. Guidebook and Further Information. Copies of the General Section and this Program Section are also available from the NOFA Information Center at 800-HUD-8929 or 800-HUD-2209 (TTY). When requesting information, please refer to the name of the program you are interested in. Be sure to provide your name, address (including zip code), and telephone number (including area code). B. Content and Form of Application Submission 1. Applicants should follow the submission requirements for the Operation Lead Elimination Action Program (LEAP). Applicants should follow the submission requirements described below. a. Application Information. (1) Application Format. The application narrative response to the Rating Factors are limited to a maximum of the equivalent of 15 pages. Your word processing response must be prepared as a single-sided document, using 8\1/2\'' x 11'' paper, using a 12-point font with not less than \3/4\'' margins on all sides. Additional materials should be referenced and discussed in the narrative response. These additional materials should directly apply to the rating factor narrative. (2) Application Checklist (voluntary). Your application must contain all of the required information noted in this Program Section and the General Section. See the General Section for specific procedures for application submission and timely receipt procedures. The ``Checklist and Submission Table of Contents'' below includes a listing of the required items needed for submitting a complete application and receiving consideration for funding. You are to assemble the application to include the items shown in the Checklist and Submission Table of Contents. For paper copy applications, inclusion of this Checklist and Submission Table of Contents with your proposal is recommended but not required. Checklist and Submission Table of Contents Lead Elimination Action Program (LEAP) [sbull] Applicant Abstract (limited to a maximum of 2 pages). [sbull] Rating Factor Response (limited to a maximum of 15 pages). 1. Capacity of the Applicant and Relevant Organizational Experience--Form HUD-96012. 2. Need/Extent of the Problem--Form HUD-96013. 3. Soundness of Approach--Form HUD-96014; and Work Plan development Worksheet--36 Month Period of Performance--Form HUD-96008;. 4. Leveraging Resources. 5. Achieving Results and Program Evaluation--Form HUD-96010 Logic Model. 6. Certification of Consistency with RC/EZ/EC-II Strategic Plan (HUD-2990) if applicable;. [sbull] Application Forms. SF-424. SF-424 Supplement. Facsimile Transmittal (HUD-96011). Form HUD-424CB. Form HUD-424CBW--Total Budget (Federal Share and Matching) with Supporting Narrative and Cost Justification. Form HUD-2880 Disclosure and Update Report. Form HUD-27300--Questionnaire for HUD's Initiative on Removal of Regulatory Barriers (include any documentation required). Form SF-LLL Disclosure of Lobbying Activities Required (if applicable). HUD's Waiver from submitting electronically (if applicable). Form HUD-2993 Acknowledgment of Application Receipt (only if wavier from electronic submission has been obtained). Form HUD-2994 Client Comments and Suggestions (completion of this form is optional). [sbull] Other Rating Factor Related Materials. The following are instructions on the items to be submitted as part of the application. See the General Section for instructions for submitting third party documents and electronic files. (a) Abstract Summary. Provide an abstract summary describing the goals and objectives of the proposed program (two-page maximum); including. (i) the total amount of the Federal request and the amount of the matching contribution for the entire period of performance; (ii) the specific activities that will be conducted; (iii) the organization(s) that will participate in the program; and (iv) your prior activities, experience and achievements in related work. (b) Forms. See the General Section for specific instructions for application submissions procedures and timely receipt. You can download Form HUD-96008, Work Plan Development Worksheet with Minimum Benchmark Standards for 36 Months, from http://www.hud.gov. (c) Budget. A total budget summary (total budget is the Federal share and leveraged contribution) with supporting narrative and cost justifications for all budget categories of your grant request. A maximum of ten percent of the Federal share can be for administrative costs. Provide a detailed budget with supporting cost justification for all budget categories of your funding request, in accordance with Rating Factor 3. This information will not be counted towards the page limits. A detailed budget must also be provided for any subcontractors, subgrantees, or subrecipients receiving greater than 10 percent of the Federal budget request. An itemized breakout (using the Form HUD- 424CBW) of leveraged contributions that are directly received by the project or sub recipients should be documented including: (i) Values placed on donated in-kind services; (ii) Letters or other evidence of commitment from donors; and (iii) The amounts and sources of contributed resources. [[Page 13940]] (d) Teaming. Contracts, Memoranda of Understanding or Agreement, letters of commitment or other documentation must describe the proposed roles of agencies, local broad-based task forces, participating faith- based or other community- or neighborhood-based groups or organizations, local businesses, and others working with the program. For-profit entities and/or firms must clearly demonstrate and document how activities, including the lead-based paint hazard identification and control measures to be undertaken by the applicant, will be coordinated with local organizations, state(s) or units of general local government to carry out lead hazard control and other program activities. b. Other leveraged resources not received directly by the project and sub recipients but used to support program activities should be included in the narrative response to Rating Factor 3, but not on Form HUD-424-CBW. Applicants should describe their methodology for tracking leveraged resources not directly received by the project or sub recipients. c. Rating Factor Responses--Proposed Activities. All applications must respond to the rating factors for award, and numbered in accordance with each factor for award (Rating Factors 1 through 4). C. Submission Dates and Times Application submission. The submission date is June 9, 2005. Electronic applications must be submitted and received by grants.gov on or before 11:59:59 p.m. eastern time on the submission date. All narrative files and any scanned documents must be submitted as a zip file, single attachment to the electronic application. Refer to the General Section for additional submission requirements including acceptable submission methods, acceptable proof of delivery and other information to assist the applicant. Materials associated to your electronic application submitted by facsimile transmission must also be received by 11:59:59 p.m. eastern time on the application submission date. Applicants receiving a waiver to the electronic submission process must submit the required number of copies of the application by the application submission date to the identified address in Appendix C of the General Section. D. Intergovernmental Review Not applicable. E. Funding Restrictions 1. Ineligible Activities. You may not use grant funds for any of the following: a. Purchase of real property; b. Chelation or other medical treatment costs related to children with elevated blood lead levels; and c. Lead hazard abatement activities in public housing, or project- based Section 8 housing. d. Activities that do not comply with the Coastal Barrier Resources Act (16 U.S.C. 3501). e. Lead-based paint hazard control of a building or manufactured home that is located in an area identified by the Federal Emergency Management Agency (FEMA) under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128), as having special flood hazards unless: (1) The community in which the area is situated is participating in the National Flood Insurance Program in accordance with the applicable regulations (44 CFR parts 59-79), or less than a year has passed since FEMA notification regarding these hazards; and (2) Where the community is participating in the National Flood Insurance Program, flood insurance on the property is obtained in accordance with section 102(a) of the Flood Disaster Protection Act (42 U.S.C. 4012a(a)). You are responsible for assuring that flood insurance is obtained and maintained for the appropriate amount and term. F. Other Submission Requirements Refer to the General Section for other application submission requirements. V. Application Review Information A. Criteria The factors for award used to evaluate and rate applications include: Rating Factor 1: Organizational Capacity--Form HUD 96012. Rating Factor 2: Need/Extent of the Problem--Form HUD 96013. Rating Factor 3: Approach--Soundness of Approach--Form HUD 96014; and Work Plan Development Worksheet with Minimum Benchmark Standards for 36 Months--Form HUD-96008. Rating Factor 4: Leveraging Resources. Rating Factor 5: Achieving Results and Program Evaluation--Logic Model--Form HUD-96010. RC/EZ/EC-II--Bonus Points (2 Points). Applicants are encouraged to employ creativity and initiative in mobilizing resources expeditiously for lead hazard control prevention efforts. Based upon the responses provided to the rating factors described below, grants will be awarded to those entities who submit a detailed strategy that demonstrates adequate capacity to carry out the proposed use of funds and who demonstrate the ability to generate and use private sector resources for lead hazard control prevention efforts. The factors for rating and ranking applicants, and maximum points for each factor, are delineated below. The maximum number of points to be awarded is 102, which includes up to 2 bonus points for activities proposed to be located in RC/EZ/EC-II communities (See Section V.A.6. below). 1. Rating Factor 1: Organizational Capacity (20 points) This factor addresses the applicant's organizational capacity to successfully implement the proposed activities in a timely manner. a. Staff Experience (10 points). Describe the knowledge and experience of the staff responsible for the following functions: Executive Direction; Finance, Marketing; and Program Coordination. The applicant must have sufficient qualified personnel or be able to quickly retain qualified experts or professionals in financial/grant management, marketing, and/or lead- based paint programs that will allow you to immediately begin your proposed work program and to perform your proposed activities within the 36 month period of performance (Form HUD-96008). The applicant's narrative should include information about your organizational and staff capacity in raising and/or leveraging funds, and in recent success in garnering private sector support (e.g., within the past five years). Include a discussion of staff knowledge and expertise in raising and/or leveraging funds, possessing the prerequisite organizational skills, and lead poisoning prevention activities. The discussion on capacity should include the depth, experience, the commitment of time to the program, salary information, and position titles of the program staff. Resumes or detailed job announcements for the above key positions must be included in your application. Indicate the percentage of time key personnel will devote to the proposed project. An applicant may demonstrate capacity by thoroughly describing prior experience in this type of activity and/or how the applicant will develop the necessary capacity to carry out proposed activities. b. Grants Management (4 points). Describe your agency's or organization's ability to manage grants [[Page 13941]] and leveraged program funds and activities. c. Team Expertise (4 points). Describe project knowledge and experience by participants and team members regarding lead poisoning as a public health threat to children, and/or lead-based paint issues and hazard control. Use of staff with more recent, relevant, and demonstrated successful experience will result in a higher rating. d. Removal of Barriers to Affordable Housing (2 points). A new applicant will be awarded up to two points under Rating Factor 1 for activities that remove barriers to affordable housing within their communities; support state and local efforts to streamline processes and procedures; and eliminate redundant requirements, statutes, regulations, and codes which impede the availability of affordable housing. This priority relates to HUD's Strategic Goals for Increasing Homeownership Opportunities and Promoting Decent Affordable Housing. For more details refer to section V.B.1. 2. Rating Factor 2: Need/Extent of the Problem (10 points) This factor addresses the extent to which there is a need for the proposed program to address a documented problem related to lead-based paint and lead-based paint hazards in your identified target area(s). An applicant will be scored in this rating factor based on their documented need as evidenced by thorough, credible, and appropriate data and information. The evaluation will be based only on the applicant's documentation of the data submitted. The data submitted in response to this rating factor will be verified using data available from the Census, HUDuser, other data available to HUD and/or in cooperation with the Centers for Disease Control and Prevention. The applicant is to complete the Factor 2 Table--Need/Extent of the Problem in Section IV of this NOFA. A maximum of 10 Points will be awarded in this rating factor based on the information documenting the number of children with an elevated blood lead level, the number of pre-1978 housing units, and the number and percentage of families with incomes at or below 80% of the Area Median Income as determined by HUD within your target areas. a. Documented Number of Children with an Elevated Blood Lead (EBL) (3 Points Maximum). Provide the actual number of children documented as having an elevated blood lead (EBL) residing within the target area for the most recent complete calendar year and identify the source of the data. Data prior to calendar year 2001 will not be accepted. For the purposes of this application, the ``documented number of children'' with an EBL is based on the CDC level of concern. A child under six years of age with a blood lead level test result equal to or greater than 10 micrograms of lead per deciliter of blood, which was performed by a medical health care provider is considered to have an EBL. The actual number of children with an EBL (not an estimate) must be reported to HUD in order to receive points for this sub-factor. Do not send the children's names or addresses or other identifiers. Failure to provide this number in the application means that no points will be awarded for this sub- factor. For you to receive maximum points for this rating factor there must be a direct relationship between your proposed lead hazard control activities and the documented community needs. Since an objective of the program is to prevent at-risk children from being poisoned, specific attention must be paid to documenting the identified need as it applies to any selected targeted area(s). Applicants are to use the Factor 2 Table to document the target area(s) need: Points will be awarded based on the documented number of children with an elevated blood lead level according to the table, ``Points Awarded for Number of Children Under Age 6 Years with an Elevated Blood Lead Level in Target Area,'' that can be downloaded from http://www.hud.gov. The table shows the number of points awarded based on the number of children with an elevated blood lead level in the grant target area(s). b. Housing market data relevant to the specified target area(s). Housing Age for the following sub-categories: Pre-1940, 1940-1949, 1950-1959, 1960-1969, 1970-1979 and 1980 or newer (Census information includes 1970-1979 category). (3 Points Maximum). Points will be awarded for the number of pre 1940 occupied rental units in the applicant's jurisdiction according to the table, ``Points Awarded for Number of Pre-1940 Occupied Rental Housing Units in Target Area,'' that can be downloaded from http://www.hud.gov. The table shows the number of points awarded based on the number of pre-1940 occupied rental housing units in the grant target area(s). c. The number and percentage of very-low (income less than 50 percent of the area median) and low- (income less than 80 percent of the area median) income families, as determined by HUD (http:// www.huduser.org), with adjustments for smaller and larger families (Very-Low and Low-Income Population) (4 Points Maximum). Points will be awarded for the number of very low and low-income percentages of families in the target area according to the table, ``Points Awarded for Number of Very Low and Low-Income Percentages of Families in Target Area,'' that can be downloaded from http://www.hud.gov. The table shows the number of points awarded based on the number of very low and low- income percentages of families in target area(s). 3. Rating Factor 3: Approach (40 points). This factor addresses the approach and strategy that the applicant intends to follow in meeting the goals and objectives of the program. This strategy should address the following: a. Selection Process for Team Organization (5 points). Describe the selection process for those organizations that are to conduct or coordinate work activities for lead hazard control, outreach, evaluation, etc and discuss how you intend to involve faith- based or other community-based organizations in your proposed activities. b. Strategy and Approach (35 points). (1) Leveraging Strategy. Describe the proposed strategy for leveraging private sector resources including: (a) Target audiences/constituencies; (b) Use of contractors/subgrantees/team organizations and their method of selection; (c) Methods of outreach/promotion; (d) Types of leveraging to be employed; (e) Proposed use and distribution of funds/resources leveraged; (f) Overall project management and coordination; and (g) Proposed schedule of activities within the 36-month period of performance. (2) Work Plan Strategy. A successful applicant's award is contingent upon budget negotiation and approval of a work plan. The work plan strategy narrative shall include: (a) The management plan that describes how the project will be managed, and the timeline for staffing the program. Applicants should develop a work plan that includes specific, measurable and time-phased objectives for each major program activity. The applicant's work plan should reflect the benchmark standards with quarterly milestones for proposed program activities and expenditures, and should provide HUD with measurable outcome results to be achieved with the requested funds. Measurable outcome results should be stated in terms [[Page 13942]] relevant to the purpose of the program funds as a direct result of the work performed within the performance period of the grant. (b) A detailed description of how assistance and funding will flow from the grantee to the actual performers of the work; (c) The selection process for sub-grantees, sub-contractors and/or sub-recipients (if any); (d) The evaluation process used to measure program performance; (e) The overall objectives for activities. Quarterly performance milestones are to be developed to achieve the overall objectives for these activities; (f) Development of your work plan should include and reflect the benchmark standards referred to in Section III.C.5, above. The benchmark categories should be modified to reflect the activities proposed in your application and subsequent work plan. The LOCCS and Leveraged Funds categories are standard and may not be changed; (3) Strategies/Approaches. The applicant is encouraged to employ creativity and initiative in achieving the objectives of the program. Some examples of possible strategies/approaches include the following: (a) Enlisting the support and resource commitment of financial institutions, foundations, private industry, the general public, property owners, and others to make residential housing lead-safe and eliminate lead poisoning as a public health threat to children; (b) Soliciting the support of national building materials providers, building component manufacturers, and housing-related national retail outlets to donate money and/or materials to lead hazard control programs in housing and health departments, landlords and owner-occupants to eliminate lead-based paint hazards in privately owned low-income dwellings: For example, a window, wallboard, or paint manufacturer/retailer could donate or coordinate the donation and distribution of windows or paint to lead-based paint hazard control and/or lead hazard control elements of rehabilitation projects throughout the country. This strategy could also include the distribution of discount coupons for purchases of paint or other materials from national suppliers for lead-based paint hazard control projects; (c) Forming teams with banks or other mortgage or financial institutions willing to provide no or low-interest home improvement loans to finance lead hazard control activities and abatement measures among low-income recipients who would not otherwise be served. By participating, banks could fulfill a major element of their responsibilities under the Community Reinvestment Act; (d) Forming teams to facilitate the coordination and distribution of donated building materials, such as windows, trim molding, or paint, etc. to local projects involved in lead hazard control programs; (e) Identifying and facilitating the availability and use of temporary relocation facilities for families who need to move out of their dwellings while lead hazard control work is being undertaken. For example, hotel chains, colleges, and other lead-safe sites could be contacted to make housing available for the temporary relocation of families during lead hazard control; (f) Working with landlords, tenant groups and others to form consortia or otherwise engage landlords and owner-occupants to enroll their eligible housing units in local lead hazard control or rehabilitation programs. The applicant should obtain commitments from landlords to provide matching resources for work to be done on their units. For example, the lead hazard control program could offer landlords grant funds for replacement windows if the landlords contribute the cost of additional repairs (such as basic system upgrades, or other rehabilitation work including painting and maintenance) that is associated with lead hazard control. To encourage such commitments, efforts should be made to educate landlords about the primary benefits (effect on children's health) and supplementary benefits that can result from lead hazard reduction work such as improving an apartment's physical condition and marketability; (g) Expanding dust testing and clearance testing, especially in high-risk communities; (h) Promoting homebuilder, remodeler, or contractor associations to coordinate efforts to reduce lead hazards by contributing technical assistance, training, presentations and materials and/or labor to lead hazard control efforts; (i) Encouraging landscaping firms, nurseries, and landscape architects to contribute lead-safe soil, mulch, and other forms of vegetation cover and shrubbery designed to mitigate lead contamination of soil around the exterior/perimeter and play areas of affected housing units; (j) Working with health, housing, and community development organizations or other entities to conduct lead poisoning prevention activities, including efforts to plan, participate in, and/or facilitate or participate in strategic planning to eliminate lead poisoning as a public health threat to young children by 2010. As part of this effort, the applicant should describe the process for considering enrolling housing units (or multifamily buildings) in which one or more children under age 6 years have elevated blood lead levels, with priority to housing where repeated and/or severe cases of childhood lead poisoning have occurred. (Because of the presence of a variety of priorities, it is not a requirement that units with lead- poisoned children be enrolled, but the process for giving such units high priority should be described and implemented.); (k) Working with grassroots nonprofit community organizations, including faith-based or other community-based organizations, that are committed to improving the quality of life of young children in high risk housing; and (l) Providing training for significant numbers of trades people to implement lead-safe work practices, such as window replacement and weatherization work. The applicant is to complete the Factor 3 Table--Soundness of Approach, and the Work Plan Development Worksheet with Minimum Benchmark Standards for 36 Months--Form HUD-96008. 4. Rating Factor 4: Leveraging Resources (20 points). This factor addresses the applicant's ability to obtain and use private sector resources or leverage private sector activities that can be combined with HUD and other program resources to achieve program objectives. Private funds/resources do not include any public sector funds, e.g., funds provided by states and units of general local government including Community Development Block Grant (CDBG)/Home Investment Partnership (HOME) funds. Applicants are encouraged to use such funds as part of the program but these funds are not considered under this rating factor. Describe the types of private sector commitments, if any, currently available to devote to Operation LEAP grant program activities, and the anticipated future amounts to be generated. Based upon the estimated amount of funding anticipated for leveraging over the life of the award, identify the general geographic locations of the units that will be treated by this increased funding or leveraged resources. Also provide an estimate of the number of eligible housing units that can be expected to be treated and the number of low and very [[Page 13943]] low-income families that will benefit under LEAP. Generated resources may include cash or in-kind contributions of personnel, services, equipment, or supplies. In evaluating this factor, HUD will consider the extent to which the applicant has established working teams, memoranda of understanding and/or firm agreements with other identified entities for the commitment of additional resources. Resources may be provided by any private source, including contributions of investor- owners. However, the donations of resources, goods and services considered as leveraged resources should be based on market values and documented. Applicants that do not have such teams at the time of application will be required to establish teams immediately following notification of grant award. Only contributions that have a stated monetary value with supporting documentation from the contributing organization/entity, signed by an official authorized to make such commitment will be counted as leveraged funds. Applications with firmly established commitments will be rated more highly than applications with just expressions of interest. The most advantageous agreements will be those not solely dependent on LEAP funding, including those that create long-term commitments for leveraged funds beyond the period of the LEAP grant. Therefore it is preferable that LEAP funds act as ``seed'' funds so any future funding streams can be used to stimulate additional leveraging agreements and not simply support prior agreements. In evaluating this factor, HUD will examine the extent to which agreements provide for sustained contributions from non-public sources and allow for non-LEAP funds to support such leveraging in the future. Applicants that have targeted specific high-risk neighborhoods or geographic locations for leveraging/fundraising and hazard control activities will receive a higher number of rating points. Describe what the organization has done in the recent past (e.g., within the past five years) that gives evidence of its ability and experience to leverage substantial private sector resources. Describe specific activities, the amount of funds or resources leveraged, and what the leveraged funds will be used to support. If an applicant has experience in generating funds or resources for purposes similar to addressing lead paint abatement or control measures, the applicant should describe those activities and the results achieved. 5. Rating Factor 5: Achieving Results and Program Evaluation. (10 Points). This factor emphasizes HUD's commitment to ensuring that applicants achieve the goals outlined in their work plan and other benchmark standards and assess their performance to ensure performance goals are met. Achieving results means you, the applicant, have clearly identified the benefits, or outcomes of your program. Outcomes are ultimate goals. Benchmarks or outputs are interim activities or products that lead to the ultimate achievement of your goals. Program evaluation requires that you, the applicant, identify program outcomes, interim products or benchmarks, and performance indicators that will allow you to measure your performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Your Evaluation Plan should identify what you are going to measure, how you are going to measure it and the steps you have in place to make adjustments to your work plan if performance targets are not met within established timeframes. Applicants are required to complete the HUD Logic Form to supplement the narrative response to this rating factor. a. An applicant is to identify and describe specific methods, measures, and tools that you will use (in addition to HUD reporting requirements) to measure progress, evaluate program effectiveness, and identify program changes necessary to improve performance. Describe how you will obtain, document and report the information. In evaluating this factor, HUD will consider how you have described outcome measures and benefits of your program including: (1) Ability to generate substantial private sector resources. The main objective of Operation LEAP is to leverage private sector resources to eliminate lead poisoning as a major public health threat to young children. The key terms here are ``leverage private sector resources.'' HUD is looking for those applicants that demonstrate the most realistic and successful fund raising and/or leveraging skills to mobilize substantial private sector resources for addressing lead hazards in housing. (2) Ability to demonstrate or develop a national and/or regional (multi-state) strategy for leveraging resources from the private sector is essential. Those resources should be realistic and achievable and made part of the work plan and benchmark activities of this proposal. The proposed budget should demonstrate how these leveraged funds will be used to address lead hazards in housing and make residential housing lead-safe and eliminate lead poisoning as a public health threat to children. (3) Results of any specific plans and objectives to implement and/ or maintain a registry (listing) of lead-safe housing available to the public, or to incorporate the inclusion of the lead-safe status of properties in another publicly accessible address-based property information system. Results could include how the information would be managed and affirmatively marketed to the public so that families (particularly low-income families with children under six years of age) can make informed decisions regarding their housing options. (4) The extent to which affirmatively furthering fair housing for all segments of the population is advanced by the proposed activities. Detail how the proposed work plan will support the community's efforts to affirmatively further affordable housing and discuss the impact of prior activities that have contributed to enhanced lead-safe housing opportunities. (5) How your program will be held accountable for meeting program goals, objectives, and the actions undertaken in implementing the grant program. Applicants should provide a description of the mechanism to assess progress and track performance in meeting the goals and objectives outlined in the work plan. Applicants should provide assurances that work plans and performance measures developed for the program will assist intended beneficiaries, and that work will be conducted in a timely and cost-effective manner. 6. Bonus Points for Federally Designated Zones and Communities. In addition, applicants should describe whether any of the proposed activities will occur in an Empowerment Zone (EZ), Renewal Community (RC), or Enterprise Community, designated by USDA in round II (EC-IIs), that are intended to serve the residents of these areas, and that are certified to be consistent with the area's strategic plan or RC Tax Incentive Utilization Plan (TIUP), and how they will benefit the residents of those zones or communities. B. Reviews and Selection Process 1. HUD's Strategic Goals. HUD is encouraging applicants to undertake specific activities that will assist the Department in implementing its policy priorities. HUD's Strategic Goals and Policy Priorities applicable to the [[Page 13944]] Operation LEAP NOFA are outlined in the General Section. Applicants will be awarded up to two points under Rating Factor 1 for activities that remove barriers to affordable housing within their communities, support state and local efforts to streamline processes and procedures, eliminate redundant requirements, statutes, regulations, and codes which impede the availability of affordable housing. This priority relates to HUD's Strategic Goal for Increasing Homeownership Opportunities and Promoting Decent Affordable Housing. Refer to the General Section for additional details pertaining to this policy priority. Applicants addressing this policy priority are to complete Form HUD-27300--Questionnaire for HUD's Initiative on Removal of Regulatory Barriers, and are to include any documentation required. 2. Rating and Ranking. Please refer to the General Section for details. Only those applications that meet the threshold review requirements will be rated and ranked according to their response to the Rating Factor Criteria included in this NOFA. The maximum number of points to be awarded is 102. A minimum score of 75 is required for fundable applications. ------------------------------------------------------------------------ Maximum Rating factor points ------------------------------------------------------------------------ Rating Factor 1: Organizational Capacity..................... 20 Rating Factor 2: Need/Extent of the Problem.................. 10 Rating Factor 3: Approach.................................... 40 Rating Factor 4: Leveraging Resources........................ 20 Rating Factor 5: Achieving Results and Program Evaluation-- 10 Form HUD-96010 Logic Model.................................. RC/EZ/EC-II--Bonus Points.................................... 2 Total.................................................... 102 ------------------------------------------------------------------------ VI. Award Administration Information A. Award Notices 1. Successful applicants will receive a letter from the Office of Healthy Homes and Lead Hazard Control Grant Officer indicating that they have been selected for an award. This letter will provide additional details regarding the effective start date of the grant and any additional data and information to be submitted to execute a grant agreement. This letter is not an authorization to begin work or incur costs under the grant. A fully executed grant agreement is the authorizing document. Unsuccessful applicants will also be notified that their application was not selected for an award and will be afforded an opportunity to request a debriefing on the unsuccessful application according to the procedures outlined in the General Section. 2. Negotiation. Refer to the General Section for additional details. 3. Adjustments to Funding. Refer to the General Section for additional details. B. Administrative and National Policy Requirements 1. Environmental Requirements. Under the Consolidated Appropriations Act, 2005, the provisions of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994, implemented by HUD regulations at 24 CFR part 58, ``Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities,'' are applicable to properties assisted with Operation LEAP funds. Under part 58, a responsible entity, usually the unit of general local government, must assume the environmental review responsibilities for activities funded under this NOFA. Under 24 CFR 58.11, if a responsible entity or the recipient objects to the responsible entity performing the environmental review, HUD may designate another responsible entity to perform the review or may perform the environmental review itself under the provisions of 24 CFR part 50. Applicants and other participants in activities under this NOFA may not undertake, or commit or expend Federal or non-Federal funds (including HUD-leveraged or match funds) for, lead hazard control, related rehabilitation or other physical activities until the responsible entity completes an environmental review and the applicant submits and obtains HUD approval of a request for release of funds and the responsible entity's environmental certification in accordance with part 58 (or until HUD has completed an environmental review under part 50). The results of the environmental reviews may require that proposed activities be modified or proposed sites rejected. For assistance, contact Karen Choi, the Office of Healthy Homes and Lead Hazard Control Environmental Officer at (213) 534-2458 (this is not a toll-free number) or the HUD Environmental Review Officer in the HUD Field Office serving your area. If you are a hearing- or speech-impaired person, you may reach the telephone number via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339. Recipients of a grant under this funded program will be given additional guidance in these responsibilities. 2. HUD Reform Act. Applicants must comply with the requirements for funding competitions established by the HUD Reform Act of 1989 (42 U.S.C. 3531 et seq.) as defined in the General Section. 3. Executive Order 13202. Compliance with HUD regulations at 24 CFR 5.108 that implement Executive Order 13202, ``Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally-Funded Construction Projects,'' is a condition of receipt of assistance under this NOFA. 4. Other Requirements. Please review the General Section for information on Statutory and Regulatory Requirements, Affirmatively Furthering Fair Housing, ensuring the Participation of Small Businesses, Small Disadvantaged Businesses, and Women-Owned Businesses, OMB Circulars and Government-wide Regulations Applicable to Financial Assistance Programs, Conflicts of Interest, Prohibition Against Lobbying Activities, Accessible Technology, Improving Access to Services for Persons with Limited English Proficiency, Compliance with Fair Housing and Civil Rights Laws, and Executive Orders pertaining to this NOFA. a. Participation in HUD Sponsored Program Evaluation. As a condition of the receipt of financial assistance under this NOFA all successful applicants will be required to cooperate with all HUD staff or contractors performing HUD funded research and evaluation studies. 5. Privacy and Disclosure. All test results in pre-1978 housing related to lead-based paint or lead-based paint hazards must be provided to the owner of the unit, together with a statement describing the owner's legal duty to disclose the results to tenants (before initial leasing, or before lease renewal with changes) and buyers (before sale) if the housing was constructed before 1978 (24 CFR part 35, subpart A). This information provided to owners may only be used for purposes of remediation of lead-based paint and other hazards in the unit. Disclosure of other identified housing-related health or safety hazards to the owner of the unit, for purposes of remediation, is encouraged but not required. Submission of any information on the properties to databases (whether Web site, computer, paper, or other format) of addresses of identified, treated or cleared housing units is subject to the protections of the Privacy Act of 1974, and shall not include any personal information that could identify any child affected. [[Page 13945]] C. Reporting Successful applicants will be required to submit quarterly, annual, and final program and financial reports according the requirements of the Office of Healthy Homes and Lead Hazard Control. Specific guidance and additional details will be provided to successful applicants. All applicants must also report progress against the proposed benchmarks and milestones in the Logic Model (form HUD-96010) approved and incorporated into your award agreement part of each required report for the grant program. VII. Agency Contact(s) For Further Information and Technical Assistance. You may contact Jonnette G. Hawkins, Director, Program Management and Assurance Division, Office of Healthy Homes and Lead Hazard Control, 451 Seventh Street SW., Washington, DC 20410-3000 or by telephone, fax, or e-mail: [email protected] (use underscores), Telephone: (202) 755- 1785, extension 126 (this is not a toll-free number), facsimile (FAX): (202) 755-1000. If you are a hearing-or speech-impaired person, you may reach the above telephone number via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339. VIII. Other Information Refer to the General Section for details regarding other information on submitting application that meets HUD requirements. BILLING CODE 4210-32-P [[Page 13946]] [GRAPHIC] [TIFF OMITTED] TN21MR05.153 [[Page 13947]] [GRAPHIC] [TIFF OMITTED] TN21MR05.154 [[Page 13948]] [GRAPHIC] [TIFF OMITTED] TN21MR05.155 [[Page 13949]] [GRAPHIC] [TIFF OMITTED] TN21MR05.156 [[Page 13950]] [GRAPHIC] [TIFF OMITTED] TN21MR05.157 [[Page 13951]] Brownfields Economic Development Initiative (BEDI) Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Community Planning and Development. B. Funding Opportunity Title: Brownfields Economic Development Initiative. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number is FR- 4950-N-02. The OMB approval number is 2506-0153. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): Brownfields Economic Development Initiative (BEDI), 14.246. F. Dates: The application submission date is June 17, 2005. Applications submitted through http://www.grants.gov must be received by grants.gov no later than 11:59:59 eastern time on the application submission date. Applicants receiving a waiver of the electronic submission requirement must submit their application to the United States Postal Service for delivery no later than 11:59:59 eastern time on the application submission date. G. Optional, Additional Overview Content Information: BEDI funds are used to enhance the security of a loan guaranteed by HUD under Section 108 of the Housing and Community Development Act of 1974, as amended, for the same brownfields economic development project, or to improve the viability of a brownfields economic development project financed with the Section 108-guaranteed loan, in order to stimulate economic development by local governments and private sector parties at brownfields sites and to return those sites to productive, economic reuse. All BEDI grants must be used in conjunction with a new Section 108-guaranteed loan commitment. HUD encourages brownfields economic development projects that propose the redevelopment of a brownfield site through new investments by identified private sector parties in addition to BEDI/Section 108 financing and that will directly result in new business or job creation, increases in the local tax base or other near-term, measurable economic benefits. Those interested in applying for funding under this program should review carefully the General Section and the following additional information. Full Text of Announcement I. Funding Opportunity Description A. Authority BEDI is authorized pursuant to Section 108(q), Title I, Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301); 24 CFR part 570. B. Program Description BEDI is designed to help local governments redevelop brownfields, defined in this NOFA as abandoned, idled, or underutilized real property, including industrial and commercial facilities, where expansion or redevelopment is complicated by the presence or potential presence of environmental contamination. A BEDI grant award will be conditioned upon, and must be used in conjunction with, a new (i.e., not previously approved) Section 108-guaranteed loan commitment. Both Section 108 loan guarantee proceeds and BEDI grant funds are initially made available by HUD to units of general local government eligible for assistance under HUD's Community Development Block Grant (CDBG) program (specifically, the Entitlement and State programs, certain jurisdictions in the state of Hawaii under the Small Cities program, and for the first time in Fiscal Year 2005, the insular areas of Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands). A local government may re-loan the Section 108 loan proceeds and provide BEDI funds to a business or other public entity eligible to carry out a specific approved brownfields economic development project, or the public entity may carry out the eligible project itself, as provided in the approved application. In either case, BEDI grant funds and the Section 108 proceeds must be used to support the same eligible BEDI project. Under this program, CDBG entitlement and nonentitlement grantees (and states for state-assisted nonentitlement jurisdictions) pledge their continuing CDBG allocations as security for the Section 108 loans guaranteed by HUD. BEDI grant funds are intended to reduce grantees' potential loss of future CDBG allocations by: 1. Strengthening the economic feasibility of a project financed with Section 108 funds (and thereby increasing the probability that the project will generate enough cash to repay the guaranteed loan); 2. Directly enhancing the security of the Section 108-guaranteed loan; or 3. Employing a combination of these or other risk mitigation techniques. BEDI funds must be used as the stimulus for local governments and/ or private sector parties to commence redevelopment or continue phased redevelopment efforts of brownfields sites where contamination is present or potentially present and a redevelopment plan exists. HUD desires to see BEDI and Section 108 funds used to finance projects and activities that involve investment in the brownfields site by an identified private sector party that will provide near-term results and measurable economic benefits, such as job creation and increases in the local tax base. C. Program Definitions Unless otherwise defined herein, terms defined in this NOFA shall have the same respective meanings as provided for in 24 CFR part 570. Act means Title I Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.). Application means a single set of documents, including a request for Section 108 loan guarantee assistance, submitted by an eligible applicant for BEDI grant funds, in accordance with the provisions of this NOFA to finance a brownfields economic development project. Section IV.B.1(c) of this NOFA provides additional information on the nature and forms of Section 108 loan guarantee requests that must be submitted to HUD along with each BEDI application. Brownfields means abandoned, idled, or under-used real property (including industrial and commercial facilities) where expansion or redevelopment is complicated by the presence or potential presence of contamination. Brownfields Economic Development Initiative (BEDI) funds means the appropriated funds made available for the competition under this NOFA from any available appropriation. Brownfields Economic Development Initiative (BEDI) project or brownfields economic development project means a single activity, or a group of activities constituting a planned, continuous, single undertaking, that is eligible under Section 108(q) of the Act and under 24 CFR 570.703 and projected to create or retain businesses or jobs, provide area or housing benefit to low- and moderate-income persons, redevelop blighted areas or sites, or otherwise lead to measurable economic benefits from redevelopment of one or more brownfields sites within five years. CDBG funds means those funds collectively so defined at 24 CFR 570.3, including grant funds received pursuant to Section 108(q) and this NOFA. [[Page 13952]] Economic Development Initiative (EDI) grant means the provision of economic development grant assistance under Section 108(q) of the Act, as authorized by Section 232 of the Multifamily Housing Property Disposition Reform Act of 1994 (Pub. L. 103-233, approved April 11, 1994). EPA means the U.S. Environmental Protection Agency. Firm Commitment means either a written agreement or letter of understanding by which an applicant or a third party: (1) Agrees to perform an activity or provide resources as specified in the application, and demonstrates their relationship to the proposed BEDI/Section 108 project; (2) Specifies the dollar value of the commitment and demonstrates that it has the financial and organizational capacity to deliver the resources necessary to successfully complete the activity; and (3) Irrevocably commits the resources to the activity either through cash or in-kind services or contributions; if any portion is to be financed through a grant or loan from another public or private organization, that institution's grant or loan commitment must be firmly committed as well. Any such agreement or letter of understanding shall be understood as being contingent upon receipt of the BEDI grant. Funds expended prior to the submission of the BEDI application will not be considered as firmly committed funds for purposes of this NOFA. Additional information related to firm commitments of other resources is provided in Section V.A.1 of this NOFA, Rating Factor 4 (Leveraging of Other Financial Resources). See Section IV.F. of the General Section for instructions on how third party documents are to be submitted electronically. Showcase Community means an applicant chosen by the Federal government's Brownfields National Partnership for inclusion in the Federal government's Brownfields Showcase Communities program. A list of the federally designated Brownfield Showcase Communities is provided in Appendix C in Section VIII of this NOFA and is also available from the NOFA Information Center or through the HUD Web site, http://www.hud.gov. Strategic Plan means a strategy or course of action developed and agreed to by the nominating local government(s) and state(s) and submitted in partial fulfillment of the application requirements for an Empowerment Zone, Enterprise Community, or a Renewal Community, designated pursuant to 24 CFR parts 597, 598 or 599. D. Program Background HUD has multiple programs that are intended to stimulate economic and community development and promote economic revitalization of distressed areas, and which can be effectively employed to address and remedy brownfields conditions. Primary among HUD's resources are the Community Development Block Grant (CDBG) program and the Section 108 loan guarantee program. 1. CDBG. The CDBG program provides grant funds by formula to local governments (either directly or through states) to carry out community and economic development activities ($4.1 billion appropriated in FY2005). The Section 108 loan guarantee program provides CDBG-eligible communities with a source of financing for economic development, public facilities, and other eligible large-scale physical development projects. HUD is authorized pursuant to Section 108 to guarantee notes issued by CDBG entitlement communities and non-entitlement units of general local government eligible to receive funds under the CDBG States' program, as well as certain non-entitlement units of general local government in the state of Hawaii funded under 24 CFR part 570, subpart F. The Section 108 program is subject to the regulations applicable to the CDBG program at 24 CFR part 570 as described in 24 CFR part 570, subpart M. BEDI grants must support Section 108 loan guarantees as generally described in this NOFA. 2. Section 108 Loan Guarantees. For FY2005, the loan guarantee authority for the Section 108 program is estimated at $481 million including $258 million in loan guarantee authority for FY2005 and loan guarantee authority that is still available under the FY2004 appropriation. The full faith and credit of the United States is pledged to the payment of all guarantees made under Section 108. Under this program, communities (states and insular areas, as applicable) are required to pledge their continuing CDBG allocations as security for loans guaranteed by HUD. The Section 108 program, however, does not require CDBG funds to be escrowed for loan repayment (unless such an arrangement is specifically negotiated as loan security and included in the applicable ``Contract for Loan Guarantee Assistance''). This means that a community can ordinarily continue to spend its existing allocation for other CDBG purposes, unless needed for loan repayment. 3. Additional Security for Section 108 Loan Guarantees. Applicants should be aware of the need to provide additional security for the Section 108 loan guarantee pursuant to 24 CFR 570.705(b)(3). Although a public entity (and the corresponding state for a state-assisted nonentitlement entity) is required by the Act to pledge its current and future CDBG allocations as security for the Section 108 loan guarantee, it will usually be required to furnish additional collateral. In most cases, the additional collateral consists (in whole or in part) of the asset financed with the Section 108 loan funds (e.g., a loan made to a business as part of an economic development project and the related mortgage from the business). Applications proposing uses for BEDI funding that directly enhance the value of the assets securing the Section 108 loan will help ensure that the project-based asset(s) will satisfy the additional collateral requirements. 4. Integration of Other Government Economic Development and Brownfields Programs. HUD encourages local governments which are assisted by (a) other Federal or state economic development programs, (b) other Federal brownfields programs (e.g., the federal Brownfields Showcase Community program, EPA's Assessment, Revolving Loan Fund Cleanup or Grant programs), or (c) state-supported brownfields programs, to integrate efforts arising from those programs in developing projects for assistance under HUD's BEDI and Section 108 programs. Applicants should elaborate upon these ties in their response to the rating factors, where appropriate, in Section V.A.1 of this NOFA (e.g., ``Capacity of the Applicant,'' ``Soundness of Approach,'' or ``Leveraging Resources,''--Rating Factors 1, 3, and 4, respectively.) II. Award Information A. Available Funds HUD has available approximately $24,458,130 for grant awards under this BEDI NOFA, consisting of $23,808,000 through appropriations under the FY2005 Consolidated Appropriations Act (Pub. L. 108-447, approved December 8, 2004); $500,000 of unobligated appropriated funds from the FY2001 HUD Appropriations Act under the ``Brownfields Redevelopment'' heading (Pub. L. 106-377, approved October 27, 2000); and $150,130 of unobligated appropriated funds under the ``Brownfields Redevelopment'' heading in the Consolidated Appropriations Act, 2004 (Pub. L. 108-199, approved January 23, [[Page 13953]] 2004, referred to as the FY2004 Appropriations Act). These funds are authorized by Section 108(q) of the Act (as described above). If any additional funds become available for the BEDI program during FY2005, including through the deobligation and recapture of previous BEDI awards, HUD may either fund additional applicants in accordance with this NOFA, or may add these funds to funds available for future competitions pursuant to Section 108(q) of the Act. B. Maximum Award The maximum amount of a BEDI award under this competition is $2 million per project. An application in excess of $2 million will be reduced to the extent HUD determines that such a reduction is appropriate and the project remains feasible. C. Limitations on Grant Amounts 1. Ratio of Section 108-Guaranteed Loan to BEDI Grant. HUD expects to approve BEDI grant amounts for approvable applications with a range of ratios of BEDI grant funds awarded to new Section 108-guaranteed loan commitments for the same project, but the minimum ratio must be $1.00 of Section 108-guaranteed loan commitments for every $1.00 of BEDI grant funds in order to receive consideration for funding. Section V.A.1, Rating Factor 4 (Leveraging of Resources), provides additional information on the required ratio of BEDI to Section 108 funds. 2. Reduction or Deobligation of BEDI Grant Award. a. After selection, but prior to grant award, if HUD determines that an application can be funded at a lesser BEDI grant amount than requested and still be feasible and consistent with the proposed plan and the purposes of the Act, it reserves the right to reduce the amount of the BEDI award and/or increase the required Section 108 loan guarantee commitment. b. In the event a BEDI grant is awarded and has been reduced below the original request (e.g., the application contained some activities that were ineligible, exceeded the $2 million cap, or there were insufficient funds to fund the last competitive application at the full amount requested), the applicant will be required to modify the project plans and application to conform to the terms of HUD approval before HUD will execute a grant agreement. c. HUD also may proportionately reduce or deobligate the BEDI award if a grantee does not submit an approvable Section 108 loan guarantee application, issue Section 108-guaranteed obligations, and receive loan guarantee proceeds on a timely basis (including any extension authorized by HUD) in the amount required by the BEDI/108 leveraging ratio, which will be approved by HUD as a special condition of the BEDI grant award (see Section IV.B.1(c)(2) of this NOFA). 3. Increased Request for Section 108 Loan Guarantee Assistance. In the case of a requested increase in guarantee assistance for a project with a previously approved Section 108 loan guarantee commitment (as further discussed in Section IV.B.1(c)(4) below), the BEDI assistance approved will be based only on the additional amount of Section 108 loan guarantee assistance requested. III. Eligibility Information A. Eligible Applicants Any public entity eligible to apply for Section 108 loan guarantee assistance in accordance with 24 CFR 570.702, including Guam, the Northern Marianas, American Samoa, and the Virgin Islands for FY 2005, may apply for BEDI grant assistance under Section 108(q). Eligible applicants are CDBG entitlement units of general local government and non-entitlement units of general local government eligible to receive loan guarantees under 24 CFR part 570, subpart M. Urban Counties, as defined at 24 CFR 570.3 and 570.307, are eligible applicants for BEDI funds; units of general local government that participate in an Urban County program are not independently eligible applicants. For non- entitlement applicants other than those subject to 24 CFR part 570, subpart F (which applies only to the state of Hawaii), applicants are required to provide evidence in the BEDI application from an authorized official of the state agency responsible for administering the State CDBG program stating that it supports the related Section 108 loan with a pledge of its CDBG allocations pursuant to the requirements of 24 CFR 570.705(b)(2). Such evidence must be provided by form HUD-40122, titled ``Section 108 Loan Guarantee: State Certifications Related to Nonentitlement Public Entities.'' This form is included in Section VIII of this NOFA, or may be downloaded as part of the application package from the Internet at http://www.grants.gov. Non-entitlement public entities in 49 states and Puerto Rico are eligible to participate in the Section 108 and BEDI programs, with assistance of the state's or commonwealth's pledge of CDBG allocations. The nonentitlement entities in Hawaii are able to make their own repayment pledge since they now receive a fixed amount of annual CDBG funding. For application submission requirements, see Section IV.B. of this NOFA regarding mandatory submission requirements. See also Sections III.C.1 and IV.E. of this NOFA, respectively, regarding eligible and ineligible uses of grant funding. B. Cost Sharing or Matching As described further in Section V.A.1 of this NOFA, under Rating Factor 4 (Leveraging of Resources), applications which evidence a greater level of other funds firmly committed to the BEDI project will receive more points under Rating Factor 4, to the extent consistent with the points available under Rating Factor 4. In addition, a BEDI grant must be used with at least an equal amount of Section 108 loan guarantee proceeds for the same brownfields economic development project. C. Program Threshold Requirements 1. Eligible Activities and National Objectives. a. As described further in Section V.A.1 of this NOFA, under Rating Factor 3 (Soundness of Approach), to be rated and ranked or considered for funding by HUD, applications for BEDI grant funds and Section 108 loan guarantee funds must demonstrate that funds will be used for activities listed at 24 CFR 570.703 and carried out as part of a BEDI project as defined in this NOFA and meet the CDBG requirements at 24 CFR Sections 570.200, 570.208 and 570.209, as applicable. All applicants must clearly identify in their narrative response to Rating Factor 3 (Soundness of Approach) in Section V.A.1 of this NOFA each of the eligible activities that will be carried out under 24 CFR 570.703. With respect to BEDI projects that include a housing component, applicants are cautioned that the eligible activities at 24 CFR 570.703 do not allow BEDI and Section 108 funds to be used to finance the costs of the construction of housing, unless such construction is undertaken by a Community Based Development Organization (CBDO) as part of a community economic development project, in accordance with 24 CFR 570.703(i)(2) and 24 CFR 570.204(a)(2). Provisions of 24 CFR 570.703(j) that authorized the use of BEDI or Section 108 funds for housing construction have expired and are no longer applicable, as the statute referenced therein is no longer in effect. For projects that include the construction of housing, BEDI and Section 108 funds may be used to finance activities necessary to [[Page 13954]] construct such housing, such as acquisition and related demolition and clearance on the acquired site, site improvements, public facilities and other eligible activities subject to each of the eligible activity provisions at 24 CFR 570.703; and b. As described in Section V.A.1 of this NOFA, in the response to Rating Factor 3 (Soundness of Approach), to be rated and ranked or considered by HUD, applicants must demonstrate that each activity assisted with Section 108 loan guarantee or BEDI funds will meet a national objective of the CDBG program as described in 24 CFR 570.208. All applicants must clearly identify in their narrative response to Rating Factor 3 (Soundness of Approach) in Section V.A.1 of this NOFA, the CDBG national objective to be achieved by the proposed project and provide the appropriate CDBG national objective regulatory citation found at 24 CFR 570.208. Applicants must also address, when applicable, how the proposed activities will comply with the public benefit standards of the CDBG program as reflected in the regulation at 24 CFR 570.209. c. A grantee's aggregate use of its CDBG funds, including any Section 108 loan guarantee proceeds and Section 108(q) (BEDI) funds provided pursuant to this NOFA, must comply with the CDBG primary objective requirements as described in Section 101(c) of the Act and 24 CFR 570.200(a)(3) for entitlement grantees, or 24 CFR 570.484 in the case of a recipient under a state's program, requiring that, over the period of time specified in the applicant's (or State's) CDBG certification, not less than 70 percent of the aggregate expenditures of CDBG funds be expended for activities benefiting low- and moderate- income persons under the criteria of 24 CFR 570.208(a) or 570.208(d)(5) or (6). d. HUD may deny funding consideration to all applicants that fail to submit a full and complete Section 108 loan application pursuant to 24 CFR 570.704(b) in connection with a prior award of BEDI or competitive EDI grants on or before the application submission deadline under this NOFA. 2. Brownfields Redevelopment. As described further in Section V.A.1 of this NOFA, in order to be rated and ranked or considered by HUD, in the narrative response to Rating Factor 3 (Soundness of Approach) in Section V.A.1 of this NOFA, applicants must: (1) Describe the nature and extent of the brownfields problem(s) actually or potentially affecting the site and/or structure(s) already on the site and; (2) how the proposed activities will contribute to redevelopment of the site and/or structures. 3. General Section Threshold Requirements. a. Applications that fail to meet the threshold requirements found in Section III.C. of the General Section will not be eligible for an award under this program. Applicants for BEDI grant funds must comply with the statutory, regulatory, threshold, and public policy requirements listed in the General Section, except as otherwise specifically provided in this NOFA. In particular, applicants should carefully review those provisions that could result in the failure to receive funding, including the DUNS Number Requirement at Section III.C. of the General Section, Compliance with Fair Housing and Civil Rights Laws (Section III.C.), provisions relating to Delinquent Federal Debts (Section III.C.), and the Name Check Review (Section III.C.). b. The Dun and Bradstreet Universal Numbering System (DUNS) Number Requirement. Refer to the General Section for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD. You will also need a DUNS number to complete your Grants.gov registration, and Grants.gov registration is required for electronic submission. See the General Section also for a discussion of the Grants.gov registration process. c. The maximum number of points to be awarded under this NOFA is 104. To be eligible for funding, a BEDI application must obtain a total score of at least 75 points. All applications meeting program and General Section threshold requirements will be rated under the selection criteria provided in Section V.A.1 below. 4. Other Program Requirements. a. BEDI Funding Request. A single BEDI application must contain a request for funds for a single BEDI/108 project. The application must propose activities expected to result in redevelopment of one or more brownfields sites. An applicant may submit an additional application for each additional unrelated BEDI/108 project, but in no event will HUD rate and rank more than one BEDI project per application. b. Related Section 108 Loan Guarantee Request. Each BEDI application must be accompanied by a request for a new Section 108 loan guarantee assistance as described in Section IV.B.1(c) of this NOFA. The request for Section 108 Loan Guarantee assistance must provide for a minimum ratio of $1.00 of requested Section 108 loan guarantee commitments for every $1.00 of BEDI grant funds requested, or a higher ratio, as needed for the project. c. CDBG National Objectives and Eligible Activities. Each BEDI application must include citations to the specific regulatory subsections supporting eligibility of activities and compliance with National Objectives (See Section III.C.1 of this NOFA). d. Nonentitlement Applications. Applications submitted by nonentitlement public entities (except for those in Hawaii and the insular areas which now receive fixed amounts of CDBG funds annually) must provide for the state or commonwealth's certification agreeing to pledge its CDBG allocations to receive funding consideration, as evidenced by form HUD-40122, available in Section VIII, Appendix B, of this NOFA. See the General Section instructions for submission of third party documents. e. Narrative Response to Rating Factors. Each BEDI application must provide narrative statements in response to each of the rating factors below in Section V.A.1 of this NOFA. f. Time Frame for Submission of Section 108 Applications. All applications for Section 108 Loan Guarantee Assistance required for approved BEDI projects must be submitted within 60 days of written notice of BEDI selection, as provided for in Section IV.B.1(c)(2) of this NOFA. g. HUD Environmental Requirements. Beginning with the submission of a BEDI application through and after HUD's award of BEDI grant funds, pursuant to 24 CFR 570.604, each project or activity assisted under this program is subject to the provisions of 24 CFR part 58. This includes limitations on the commitment of HUD and non-HUD funds by the BEDI grantee and Section 108 public entity, as well as other participants in the development process, prior to the completion of environmental review, notification, and release of funds. Neither grant nor loan funds can be disbursed by HUD until a request for release of funds is submitted and the requirements of 24 CFR part 58 have been met. All public entities, including non-entitlement public entities, shall submit the request for release of funds and related certification, required pursuant to 24 CFR part 58, to the appropriate HUD field office for each project to be assisted. h. Compliance with Environmental and Other Laws. An award of BEDI funding does not, in any way, relieve the applicant or third party users of BEDI funds from compliance with all applicable federal, state, and local laws and regulations, particularly those [[Page 13955]] addressing the environment. Applicants are further advised that HUD may require evidence that any project involving remediation has been or will be carried out in accordance with applicable law, including voluntary clean up programs. i. CDBG Program Regulations. In addition to 24 CFR 570.701 (Definitions), 570.702 (Eligible applicants), and 570.703 (Eligible activities), the CDBG regulatory requirements cited in 24 CFR 570.707, including subparts J (Grant Administration), K (Other Program Requirements), and O (Performance Reviews), also govern the use of BEDI funds, as applicable. j. Obligation to Affirmatively Further Fair Housing. All BEDI grantees are obliged to affirmatively further fair housing, even when the proposed activities do not appear to be directly related to housing. Therefore, applicants that propose to use BEDI funds must include in their applications an explanation of how they propose to further fair housing opportunities for persons on the basis of race, color, national origin, sex, religion, familial status, or disability. Applicants should respond to this requirement in Section V.A.1 of this NOFA, under Rating Factor 3, subfactor (1)(b). Affirmative activities include, but are not limited to: initial and periodic assessments of the extent to which affordable and accessible housing opportunities are provided or denied to persons by race, color, national origin, sex, religion, familial status, or disability; outreach to persons in underserved population groups or advocacy organizations representing such persons; affirmative fair marketing of job or housing opportunities; furthering housing choice; addressing environmental justice concerns; or ensuring that employment, housing and other benefits of the BEDI grant are made available to those individuals and families living at or near the brownfields site prior to its redevelopment. k. Policy Priorities. Applicants are reminded of the Department's Policy Priorities for FY2005 found in Section V.B. of the General Section, several of which apply to this NOFA, as described in Section V.A.1 of this NOFA below, under Rating Factor 5 (Achieving Results and Program Evaluation). l. Ineligible Sites. Applicants must propose sites that currently meet the definition of brownfields in this program section. Applicants may not propose projects on sites which are: (i) Listed or proposed to be listed on EPA's National Priority List (NPL); (ii) subject to unilateral administrative orders, court orders, administrative consent orders or judicial consent decrees issued or entered into by parties under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA); or (iii) subject to the jurisdiction, custody, or control of the United States Government. In order to be eligible to receive an award under this program, applicants will be required in Section V.A.1 of this NOFA, Rating Factor 3, Soundness of Approach, to indicate that the proposed BEDI project will not be undertaken at an ineligible site as provided herein. m. Prior Approved Section 108-Guaranteed Loans. BEDI grant assistance cannot be used to leverage a Section 108 loan guarantee approved prior to the date of HUD's announcement of a BEDI grant pursuant to this SuperNOFA, unless the applicant requests to deobligate previously approved commitment authority as provided in Section IV.B.1(c)(5) of this NOFA. In no event, however, may a previously approved Section 108 commitment to be used with a prior BEDI or EDI award be subject to such deobligation. In an instance where a pending application for Section 108 assistance is to be leveraged by the proposed BEDI grant, the BEDI grant may be awarded before HUD approval of the Section 108 commitment if HUD determines that such award will further the purposes of the Act. n. Use of Section 108 Solely for Security. A BEDI award will not be made if the Section 108 request contained in the application (See Section IV.B.1(c) of this NOFA) calls for the use of the Section 108- guaranteed obligation solely as security for other financing on the project. IV. Application and Submission Information A. Addresses To Request Application Package 1. Copies of the published NOFAs and application forms for HUD programs announced through NOFA may be downloaded from the grants.gov Web site at http://www.grants.gov/Find; if you have difficulty accessing the information you may receive customer support from Grants.gov by calling their Support Desk at (800) 518-GRANTS, or sending an e-mail to [email protected]. The operators will assist you in accessing the information. If you do not have Internet access and you need to obtain a copy of the NOFA you can contact HUD's NOFA Information Center toll-free at (800) HUD-8929. Persons with hearing or speech impairments may also call toll-free at (800) HUD-2209. 2. Satellite Broadcasts. HUD will hold informational broadcasts via satellite for potential applicants to learn more about the BEDI program and the preparation of BEDI application(s). For more information about the date and time of the broadcast, consult the Web site http://www.hud.gov. B. Content and Form of Application Submission 1. Content of Application. A complete application for a BEDI grant under this NOFA must contain the items listed below. The standard forms that are required for the BEDI application (and listed in Section IV.B.2 below), can also be found in the General Section. Applicants by signing the SF-424 are also agreeing to the Certifications and Assurances found in the General Section and this NOFA. Additional program forms, excluding such items as narratives or letters, etc. also referred to as the ``non-standard forms'', HUD-40122 and HUD-40123, are included with this NOFA. All forms required for application submission can be found in the application package and instructions on http://www.grants.gov for the Brownfields Economic Development Initiative (BEDI) program. a. Checklist and Submission Table of Contents indicating the submission items included in the application can be found in Section VIII, Appendix A, of this NOFA. Applicants submitting an electronic application are not required to submit the Checklist. Applicants submitting a paper copy application are requested to include a copy of the checklist in their application submission. b. EDI/BEDI/Section 108 Funding Eligibility Statement. A completed BEDI Section 108 Funding Eligibility Statement (Exhibit D of form HUD- 40123). c. Request for Loan Guarantee Assistance. A request for loan guarantee assistance under Section 108, with the project name clearly identified (and the same as the name of the BEDI project being applied for), as further described below. Full application requirements for the Section 108 program are found at 24 CFR 570.704. Nonentitlement applicants (except those in Hawaii and the insular areas) must accompany this request with the State Certifications Related to Nonentitlement Public Entities (form HUD-40122) in order to be considered for BEDI funding. The request for loan guarantee assistance may take any of the five forms defined in paragraphs (1), (2), (3), [[Page 13956]] (4) or (5) below. Notwithstanding the form of the request for new Section 108 loan guarantee assistance, the applicant must include citations to the specific regulatory subsection supporting activity eligibility and National Objectives compliance for the Section 108 funds described in the application. (See Section III.C.1 of this NOFA.) Both the BEDI and Section 108 funds must be used in conjunction with the same BEDI project. Applicants are encouraged to consult with HUD's Financial Management Division in Headquarters CPD (Paul Webster, Director, at (202) 708-1871, extension 4563) before submission of 108 and/or BEDI applications if unsure of CDBG national objectives, eligibility of activities, program benefits citations and the tests thereof. The request for new Section 108 guarantee assistance may be presented through a: (1) Concurrent Application Submitted Under Separate Cover. A complete application for new Section 108 loan guarantee(s), including the documents listed at 24 CFR 570.704(b), submitted under separate cover in accordance with the procedures in Section IV.F.3 below. Any full application for loan guarantee assistance under Section 108 must also be submitted to the appropriate HUD field office concurrently with its submission to Headquarters. As described further in Section V.A.1, in Rating Factor 3 (Soundness of Approach), two points will be awarded for the submission of a full Section 108 loan guarantee application with a BEDI application. (2) Subsequent Application. A brief description (not to exceed three pages) of the project to be applied for in a subsequent new Section 108 loan guarantee application(s). Such a 108 application(s) shall be submitted within 60 days of written notice of BEDI selection, with HUD reserving the right to extend such period on a case-by-case basis where HUD determines there is evidence of good cause. BEDI awards will be conditioned on approval of actual Section 108 loan commitments and loan guarantee proceeds in a specific ratio of BEDI funds to Section 108 funds as approved by HUD in the BEDI award. The description provided in the BEDI application must be sufficient to support the basic eligibility of the proposed project and activities for Section 108 assistance. (See Section III.C.1 of this NOFA.) (3) Pending, Unapproved Application. A request to use the BEDI grant award in conjunction with a pending, unapproved Section 108 loan guarantee application. The request must identify the project name associated with the pending application and the date of submission. Any proposed amendment to the pending Section 108 application must be submitted under separate cover, as provided for in Section IV.F.3 below. An applicant's request to use the BEDI award in conjunction with a pending application shall be deemed by HUD to constitute a request to suspend separate processing of the Section 108 application. The Section 108 application will not be approved until on or after the date of the related BEDI award. (4) Increase to a Project Assisted Under a Previously Approved Application. A request for Section 108 loan guarantee assistance (analogous to Section IV.B.1(c)(1) or (2) above of this section) that proposes new Section 108 guarantee assistance in addition to the amount of Section 108 assistance for a project assisted under a previously approved Section 108 application. However, any amount of Section 108 loan guarantee authority approved before HUD's announcement of a BEDI grant for the same project is not eligible to be used in conjunction with a BEDI grant under this NOFA. (5) Deobligation of Previously Approved Section 108 Authority Plus a New Request. A request to deobligate a previous commitment of Section 108 loan guarantee authority to the applicant that is no longer to be used by the applicant (except for an amount required as a condition of a previously approved BEDI or EDI award), combined with a new request or application for Section 108 loan guarantee assistance. Such request or application may be a full application as provided for in paragraph (1) above, a request for 108 assistance submitted within 60 days as provided for in paragraph (2) above, a pending unapproved application as provided for in paragraph (3) above, or an increase to a project assisted under a previously approved application as provided in paragraph (4) above. (6) In no event may a Section 108 loan guarantee amount that is required to be used in conjunction with a previously approved BEDI or EDI grant award as of the date of the submission of the application, whether or not the Section 108 loan guarantee has been approved as of the date of this NOFA, be used in conjunction with a new BEDI award under this NOFA. For example, if a public entity has a previously approved Section 108 loan guarantee commitment of $12 million, even if none of the funds have been utilized, or if the public entity had previously been awarded a BEDI grant of $1 million and had agreed to submit a Section 108 loan application for $10 million in support of that BEDI grant, the public entity's application under this NOFA must propose to increase the amount of its total Section 108 loan guarantee commitments beyond those amounts to which it has previously agreed (i.e., the $12 million or $10 million Section 108 loan guarantee commitments in this example). d. Narrative Responses to Factors for Award (not to exceed 15 double-spaced, 8\1/2\ x 11 inch single-sided pages, with one inch margins on all sides, for all responses): (1) Rating Factor 1: Capacity and Relevant Organizational Experience. Provide a narrative indicating the capacity of the applicant's organization and staff and any known third parties to perform the work for which it is requesting funding. (2) Rating Factor 2: Need Statement Identifying the level of Distress/Extent of the Problem. Provide a narrative statement including any documentation supporting the statement of need, accompanied by a completed Exhibit A of form HUD-40123. (See the General Section for instructions for submitting documentation not in electronic format.) (3) Rating Factor 3: Soundness of Approach. Include the CDBG eligible activities, the CDBG National Objective, the source and nature of the present or potential environmental contamination, the budget, and the time frame for conducting activities and providing project benefits to address the needs identified in Rating Factor 2 in the narrative response, accompanied by Exhibits B and C of form HUD-40123. (4) Rating Factor 4: Leveraging Resources. The response to this factor should include any letters of firm commitment as defined in Section I.C of this NOFA, and any evidence of financial capacity or CDBG resolutions, as appropriate. Such letters, evidence or resolution must be submitted under the procedures provided for in Section IV.F of the General Section. (5) Rating Factor 5: Achieving Results and Program Evaluation. Provide a narrative response to this factor, accompanied by the logic model provided in the General Section (Form HUD-96010) and, if applicable, form HUD-27300, relating to the removal of regulatory barriers to affordable housing, with required documentation. 2. Forms, Certifications, and Assurances. a. In addition to any forms submitted in response to Section IV.B.1 above (which may be found in Section VIII, Appendix B, of this NOFA), the following forms and certifications must also be submitted in accordance with [[Page 13957]] the General Section and may be found in the General Section: (1) Application for Federal Assistance (SF-424); (2) Applicant/Recipient Disclosure/Update Report, HUD-2880; and, if applicable, (3) Certification of Consistency With RC/EZ/EC-II Strategic Plan, HUD-2990, if applicable; (4) Certification of Consistency with the Consolidated Plan (HUD- 2991) if applicable; (5) Disclosure of Lobbying Activities (SF-LLL); if applicable; (6) Acknowledgement of Application Receipt (HUD-2993) (For use with paper application submissions); (7) Client Comments and Suggestions (HUD-2994) (Optional); (8) Program Outcome Logic Model (HUD-96010); (9) Questionnaire for HUD's Initiative on Removal of Regulatory Barriers (HUD-27300) with supporting documentation or URL references; (10) Facsimile Transmittal (HUD-96011) (For use with electronic applications to provide third party letters and other documentation in accordance with the instructions found in the General Section; (11) Section 108 Loan Guarantee (State Certifications Related to Nonentitlement Public Entities) (HUD-40122), if applicable, and (12) Responses to BEDI Application Rating Factors (HUD-40123, Exhibits A through D). Forms, Certifications, and Assurances ---------------------------------------------------------------------------------------------------------------- What to submit Required content Required form or format When to submit it ---------------------------------------------------------------------------------------------------------------- Application: EDI/BEDI/Section 108 Funding Described in Section Exhibit D of Form HUD- Applications submitted Eligibility Statement. IV.B.1(b) of this NOFA. 40123, found in Section through http:// VIII (Appendix B) of www.grants.gov must be this NOFA and available received by Grants.gov in the application no later than 11:59:59 instructions on line at eastern time on the http://www.grants.gov application submission for the BEDI Program. date. Applicants receiving a waiver of the electronic submission requirement must submit their application to the United States Postal Service no later than 11:59:59 on the application submission date. See the General Section for detailed application submission and timely receipt instructions. Request for Loan Guarantee Described in Section Described in Section Assistance. IV.B.1(c)of this NOFA. IV.B.1.(c) of this NOFA. Nonentitlement applicants must also submit form HUD-40122, found in Section (Appendix B) of this NOFA and available in the application instructions on line at http://www.grants.gov for the BEDI Program. Narrative Responses to Described in Section Described in Section ........................ Factors for Award. IV.B.1(d) of this NOFA. V.A.1 of this announcement and accompanied by Exhibits A, B and C of Form HUD- 40123, found in Section VIII (Appendix B) of this NOFA; form HUD 96010, and form HUD- 27300 (if applicable), found in the General Section and available in the application instructions on line at http://www.grants.gov for the BEDI Program. Standard Forms, Described in Section Forms SF-424, SF-LLL if ........................ Certifications and IV.B.2 of this NOFA. applicable, HUD-2994, Assurances. HUD-96010 and HUD-2880; also HUD-2990 and HUD- 2991, if applicable. All above forms are found in the General Section and available in the application instructions on line at http://www.grants.gov for the BEDI Program. Facsimile Transmittal........ Described in the General Form HUD-96011 is found Section for third party in the General Section letters and required and is available in the documentation to be on-line application. submitted with an Please carefully follow electronic application. the instructions for downloading and using this form as part of your electronic application submittal. ---------------------------------------------------------------------------------------------------------------- [[Page 13958]] C. Submission Dates and Times 1. Application Submission Date Applications submitted through http://www.grants.gov must be received by Grants.gov no later than 11:59:59 p.m. Eastern time on the application submission date of June 17, 2005. Applicants receiving a waiver of the electronic submission requirement must submit their application to the United States Postal Service for delivery no later than 11:59:59 on the application submission date. Please see the General Section for further information on application submission and timely receipt requirements. Be sure to provide a Project Name in Line 11 of the SF-424 (Application for Federal Assistance), and all references to the related Section 108 application should use the same project title. Be sure to complete the SF-424 cover page first and then download the rest of the forms, as the information from the cover page will be pre-populated. In addition a brief (one or two paragraph) description of all the activities (not just those to be funded with BEDI and 108 funds) comprising the proposed project should be provided, preceding the narrative statements in response to the Rating Factors. This project description does not count against the 15-page overall limitation. 2. Proof of Timely Submission. Please see Section IV.2 of the General Section for information regarding proof of timely submission. D. Intergovernmental Review BEDI is not subject to the provisions of Executive Order 12372, ``Intergovernmental Review of Federal Programs.'' E. Funding Restrictions 1. Eligible CDBG Activities. Applicants shall not propose the use of BEDI and Section 108 funds for ineligible activities listed at 24 CFR 570.207, and as provided below. BEDI grant funds and Section 108 loan guarantee funds may be used only for activities listed at 24 CFR 570.703, provided such activities are carried out as part of a BEDI project as described in this NOFA and meet the CDBG requirements at 24 CFR 570.200, 570.207, 570.208 and 570.209. 2. Repayment of Section 108 Principal. The planned use of BEDI funds for the specific purpose of repayment of the principal amount of a Section 108-guaranteed loan is not an eligible activity under 24 CFR. 570.703 and therefore should not be proposed in a BEDI application. Under the ``debt service reserve'' eligible activity at 24 CFR 570.703(k), however, the planned use of a limited amount of BEDI funds for the repayment of the principal of a Section 108-guaranteed loan is permissible if justified and approved by HUD under a particular application. Such a debt service reserve may be justified in the context of a loan loss reserve set up to support a ``loan pool'' consisting of a number of smaller third party loans. In that context, the corresponding principal amount of the Section 108 loan might be repaid from a debt service reserve when a third party loan defaults and liquidation of security for the third party loan by or on behalf of the Section 108 borrower/BEDI grantee does not yield enough cash to redeem or defease the amount of Section 108 principal corresponding to the defaulted third party loan. A debt service reserve may also be proposed and set up in an amount reasonable to pay principal and/or interest on a Section 108-guaranteed loan for a limited period, such as the start up period for an assisted business, or a construction period, when the cash flow resulting from the primary Section 108 or BEDI-funded activity would not be sufficient to support repayment. In any case, HUD requires the applicant to provide information sufficient to support the reasonableness of the amount of a debt reserve in relation to its purpose. For any Section 108- and BEDI- assisted project, HUD will have rights under the Section 108 Contract for Loan Guarantee Assistance to use undisbursed BEDI funds to make payment on, or to defease, the Section 108 loan if HUD deems that action necessary in order to avoid the need for HUD to make a payment under its Section 108 loan guarantee from non-CDBG funds. 3. Subordination of Section 108 Obligations. Section 108 loan obligations may not be subordinated, directly or indirectly, to federally tax exempt obligations. Pursuant to Office of Management and Budget (OMB) Circular A-129 (Rev.) Appendix A, Sections II.2.c. and d., (Policies for Federal Credit Programs and Non-Tax Receivables), Section 108-guaranteed loan funds may not, directly or indirectly, support federally tax-exempt obligations. 4. Remediation by Responsible Parties. BEDI grant funds shall not be used in any manner by grantees to provide public or private sector entities with funding to remediate conditions caused by their own actions, where the public entity (or other known prospective beneficiary of the proposed BEDI grant) has been determined responsible for causation and remediation by order of a court or a Federal, state, or local regulatory agency, or is responsible for the remediation as part of a settlement approved by such a court or agency. Applicants will be required in Section V.A.1 of this NOFA, Rating Factor 3, Soundness of Approach, to indicate that the proposed BEDI project will not be used to provide assistance as prohibited herein. F. Other Submission Requirements 1. Application Submission and Receipt Procedure. Beginning in FY2005, HUD requires applicants to submit applications electronically through http://www.grants.gov. Applicants interested in applying for funding must submit their applications electronically via the Web site http://www.grants.gov unless you request and are granted a waiver to the electronic submission requirements. This site has easy to follow step-by-step instructions that will enable you to apply for HUD assistance. The http://www.grants.gov feature includes a simple, unified application process to enable applicants to apply for grants online. Please read the General Section carefully and completely for the submission and receipt procedures for all applications because failure to comply may disqualify your application. 2. Wavier of Electronic Submission Requirements. Please refer to Section IV.F of the General Section for instructions on how to seek a waiver to the electronic submission requirement. 3. Submission of Concurrent Section 108 Application Under Separate Cover. Applicants that apply via Grants.gov should submit the Section 108 Loan Guarantee application using the same procedures as those for applicants receiving a waiver of the electronic application requirement. The Section 108 Loan Guarantee application must be submitted using the mailing instructions below. a. The Section 108 Loan Guarantee application should have the Project Title in Box 11 of the SF-424 as the related BEDI project. b. Concurrent Section 108 Application Submission Date. Applicants choosing to submit a concurrent and complete Section 108 application as provided for in Section IV.B.1(c) of this NOFA above, must submit such application on or before the BEDI application submission date, to the addresses shown below, in order to receive points under Section V.A.1, Rating Factor 3, of this NOFA. [[Page 13959]] The concurrent Section 108 application must be submitted no later than 11:59:59 p.m. to the United States Postal Service in accordance with the instructions in the General Section. The required number of copies should be sent to the locations indicated below. If HUD receives at least one completed concurrent Section 108 application at either HUD Headquarters or the appropriate HUD Field Office, HUD will utilize the complete application for its review purposes, provided it meets the deadline and timely submission requirements. c. Proof of Timely Submission. Proof of timely submission of a concurrent Section 108 application shall be determined under the provisions of the General Section related to mailed applications. d. Address for Submitting Concurrent Section 108 Applications to HUD Headquarters. Submit the concurrent Section 108 application to: HUD Headquarters; Robert C. Weaver Federal Building; 451 Seventh Street, SW., Room 7251; Washington, DC 20410, Attention: BEDI/Section 108 Application. When submitting the concurrent Section 108 application, please specify BEDI/Section 108 Application on any label or mailing container, and include the applicant's name, mailing address (including zip code), street address (if different from mailing address), and zip code, and voice and facsimile telephone numbers (including area code), along with the contact person's name, and voice and facsimile telephone numbers (including area code), and email address, if available. e. Concurrent Section 108 Applications to HUD Field Offices. At the same time the concurrent Section 108 application is submitted to HUD Headquarters, an additional copy should be submitted to the Community Planning and Development Division of the appropriate HUD field office for the applicant's jurisdiction. A listing of CPD Offices and mailing addresses can be found on HUD's website at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. f. Concurrent Section 108 Application Submission Procedures. A concurrent Section 108 application submitted pursuant to this NOFA shall be subject to the application submission procedures for other mailed applications provided for in Section IV.F of the General Section. Proof of timely submission of a concurrent Section 108 application shall be determined under the provisions of Section IV.F of the General Section related to mailed applications. V. Application Review Information A. Criteria 1. Factors for Award Used to Evaluate and Rate Applications. a. Response to Factors for Award. The applicant must provide in narrative form responses to each of the rating factors below. HUD will evaluate all applications for funding assistance based on the following factors, the responses to which demonstrate the quality of the proposed project or activities, and the applicant's capacity and commitment to use the BEDI funds in accordance with the purposes of the Act. HUD local field offices may be consulted to verify information submitted by the applicant as part of the review of applications. b. Responses to Rating Factors 1-5. Responses to Rating Factors 1-5 below shall not exceed 15 double-spaced, 8 \1/2\ x 11 inch single-sided pages, with one-inch margins on all sides, for all responses. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience (20 Points Maximum) This Factor addresses the extent to which the applicant has the organizational resources necessary to successfully implement the proposed activities in a timely manner. The rating of the ``applicant'' or the ``applicant's organization and staff'' will include any subcontractors, consultants, and sub-recipients that are firmly committed (see definition in Section I.C above) to participate in the activities described in the application. In responding to subfactors (1) and (2) of this Factor, applications that merely summarize the amount of funds received, spent, or managed will receive fewer points than those providing specific measurable information on program activities undertaken, outcomes of these activities and their accomplishments. In rating this Factor, HUD will consider the following: (1) Applicant Capacity (Up to 10 points). The applicant should demonstrate that it has the organization, the staff, and the financial resources in place to implement the specific steps required to successfully carry out its proposed BEDI/Section 108 project. The applicant should offer evidence of this capacity through a description that includes: (a) Performance in the administration of its CDBG, HOME, or other HUD programs, including a description of successfully completed projects and other outcomes or accomplishments under these programs. In addition to citing specific projects, outcomes, or accomplishments, CDBG entitlement recipients must also indicate the extent to which the applicant has met the HUD standard that the total amount of its undisbursed entitlement grant funds may not be more than 1.5 times the entitlement grant amount for the current program year (see 24 CFR 570.902(a)(1)(i). All applicants must also identify any unresolved monitoring or audit findings by HUD with respect to the applicant's administration of HUD programs. (b) Performance, if any, in carrying out economic development projects similar to that proposed, including brownfields economic development or redevelopment projects, if any, and if applicable, the ability to conduct prudent underwriting; (c) If applicable because the applicant has such designation, the capacity to achieve state and local commitments identified in its local implementation plan, including maximizing the federal tax benefits made available as a result of a Federal Renewal Community/Empowerment Zone/ Enterprise Community designation (including Enhanced Enterprise Community (EEC) designation). Applicants that have been designated as a Renewal Community (RC), Empowerment Zone (EZ), or Enterprise Community (EC/EEC) must respond to this subfactor even if the proposed brownfields economic development project is not to be located within the boundaries of the designated RC/EZ/EC-II; and (d) An applicant that has previously received a BEDI or a competitive EDI grant award or, within the past five years, a Section 108-guaranteed loan commitment, must describe the status of the implementation of those project(s) assisted with any BEDI or competitive EDI funds or with any Section 108-guaranteed loan funds so approved within the last five years. An applicant must address any delays that have been encountered and the actions it is taking to overcome any such delays in carrying out the project(s) in a timely manner. If HUD has not applied the performance standard applicable to all previous BEDI grantees referenced in Section III.C.1.(d), then for any such previously funded BEDI or competitive EDI grant projects, or for those Section 108-guaranteed loan projects committed within the past five years, HUD will award more rating points for applications providing evidence of achievement of specific measurable outcomes in carrying out approved activities funded with such guaranteed loan or grant funds. If any of the rating criteria listed under (a) through (d) above do not apply [[Page 13960]] to an application, the rating for this subfactor (1) shall be based solely upon the other applicable criteria. (2) Partner Capacity (Up to 10 points). In response to this subfactor (2), the applicant should describe the experience and performance of subrecipients, private developers and other businesses, nonprofit organizations (including grassroots faith-based and other community-based organizations), and other entities, if any, that have a role in implementing the proposed BEDI/108 program. Applicants are encouraged to identify specific economic development or other projects undertaken by each entity, which reflect the capacity of each entity to fulfill its responsibilities under the proposed brownfields economic development project, including the location, scale, and timeframe for completion of other relevant projects. If there are no third parties participating with the applicant in the proposed project, the 10 points available under this subfactor (2) will be added to the 10 points available under subfactor (1), with a maximum of 20 possible points then available under subfactor (1). Experience will be judged in terms of recent (i.e., within the past 5 years) and successful performance of activities relevant to those proposed in the BEDI application. The more recent and extensive the positive experience, the greater the number of points that will be awarded for this Factor. In addition to the application, HUD also may rely on information at hand or available from public sources such as newspapers, from performance and/or monitoring reports, Inspector General or Government Accounting Office reports or findings, hotline complaints that have been proven to have merit, audit reports, and other reliable public information in rating this Factor. Rating Factor 2: Distress/Extent of the Problem (15 Points Maximum) This Factor addresses the extent to which there is need for funding the proposed activities based on levels of distress in both the jurisdiction of the public entity that is the applicant and the geographic or target area that will benefit from the project. Applications will be evaluated on the extent to which the level of distress for the target area is documented and compared with national data and data for the jurisdiction. In applying this Factor, HUD will consider current levels of distress in the target area, as defined in standard geographic terms by the applicant. This may be Census Tract(s) or Block Groups immediately surrounding the project site up to a radius of one-half mile, or it may be the target area to be served by the proposed project. HUD will also consider the current levels of distress in the applicant public entity's jurisdiction, if different from the target area. The applicant should describe the nature of the distress that the project is designed to address and the rationale for its definition of the area to be benefited. Examples of project beneficiaries may include: (a) Those receiving or using products or services produced by the project, and (b) those employed by the project. Notwithstanding the above, an applicant proposing a project to be located outside the target area for which benefit is claimed or the applicant's jurisdiction could still receive points under this Factor if a clear rationale is provided linking the proposed project location and the benefits to be derived by persons living in the target area or the applicant jurisdiction. To the extent that the applicant's Consolidated Plan, its Analysis of Impediments to Fair Housing choice (AI), and/or its Anti-Poverty Strategy found therein identify the level of distress in the jurisdiction and the target area in which the project is to be carried out, references to such documents should be included in preparing the response to this Factor. Applications that fail to reference these sources will receive fewer points under this Factor. Applicants should provide data that address the following specific indicators of distress: (1) Poverty Rate (Up to 5 points). Data should be provided in both absolute and percentage form (i.e., whole numbers and percents) for both the target area and the applicant's jurisdiction as a whole; an application that compares the local poverty rate in the following manner to the national average at the time of submission will receive points under this section as follows: (a) A poverty rate in the target area that is less than the national average, but that is greater than the rate for the applicant's jurisdiction: (2 points); (b) A poverty rate in the target area that is at least equal to, but less than twice, the national average: (3 points); (c) A poverty rate in the target area that is twice or more the national average: (5 points). (2) Unemployment Rate (Up to 5 points). An application that compares the local unemployment rate for the applicant's jurisdiction and the target area in the following manner to the national average at the time of submission will receive points under this subfactor as follows: (a) An unemployment rate in the target area that is less than the national average, but that is greater than the rate for the applicant's jurisdiction: (2 points); (b) An unemployment rate in the target area that is at least equal to, but less than twice, the national average: (3 points); (c) An unemployment rate in the target area that is twice or more the national average: (5 points). (3) Other Indicators of Social and/or Economic Decline (Up to 5 points). Applicants should provide other indicators of social or economic decline that best capture the applicant's local situation. Examples that could be provided under this section include information demonstrating the target area and the jurisdiction's stagnant or falling tax base, including recent (within the last three years) commercial or industrial closings, downturns or layoffs; housing conditions, such as the number and percentage of substandard and/or overcrowded units; rent burden (defined as average housing cost divided by average income) for both the target area and jurisdiction; local crime statistics. The response to this subfactor (3) should paint a picture of the extent of need and distress in the target area and jurisdiction. HUD requires use of sound and reliable data (e.g., U.S. Census data, state statistical reports, university studies/reports that are verifiable) to support distress levels cited in each application. A source for all information along with the publication or origination date must also be provided. Updated Census data are available as follows for the listed indicators: Unemployment rate: Unemployment rates are estimated monthly for counties, with a two-month lag, while census tract unemployment rates are available through the 2000 U.S. Census; Poverty rate: Poverty rates are provided through the 2000 U.S. Census and are estimated every two years, with a three-year lag. Census and other relevant data can be accessed through www.ffiec.gov. In rating applications under this Factor, HUD reserves the right to consider sources of available objective data other than, or in addition to, those provided by applicants, in order to compare such data to those provided by applicants. Rating Factor 3: Soundness of Approach (35 Points Maximum) This Factor addresses the quality and cost-effectiveness of the proposed plan for the brownfields economic development project. Applications that do not propose the productive reuse of [[Page 13961]] a specific, identified site or sites and that do not result in near- term, measurable economic benefits, such as projects that involve only the preparation of a site for potential future reuse by an unidentified party, or the capitalization of a loan pool for loans to unidentified borrowers, will receive fewer points under this Factor. The relationship between the proposed site or sites, the proposed eligible activities and the community needs and purposes of the program funding must be clearly described, as set forth below, in order to receive points for this Factor. In rating this Factor, HUD will consider the following: (1) Consistency/Appropriateness of Proposed Activities with Identified Needs (Up to 3 points). In response to this subfactor, the applicant should describe: (a) The extent to which the proposed plan for use of BEDI grant/ Section 108-guaranteed loan funds will address the needs described in Rating Factor 2 above regarding the distress and extent of the problem in the target area or area to be benefited and the long-term benefit for current residents of the target area. The applicant should provide a clear and quantified explanation of this relationship; (b) any unmet needs identified in the jurisdiction's Consolidated Plan and pursuant to Section III.C.4(j) of this NOFA, any impediments to fair housing identified in the jurisdiction's Analysis of Impediments to Fair Housing Choice, that will be directly addressed by the proposed project. See Section III.C.4(j) of this NOFA for examples of general affirmative fair housing actions that may be undertaken to address a jurisdiction's Analysis of Impediments to Fair Housing Choice; and (c) the activities that will be carried out with the BEDI grant funds, and the nature and extent of the brownfields problem(s) actually or potentially affecting the site and/or structure(s) already on the site. This response must also indicate that the proposed assistance will not be used to provide funding to parties to remediate conditions caused by their own actions for which they have been determined to be legally responsible, and that the proposed brownfields site is not ineligible, as provided in Section IV.E.4 of this NOFA. This information relates to a threshold factor as well as a rating factor, as described in Section III.C.2 of this NOFA. Applications that fail to respond satisfactorily to this subfactor (c) shall not be receive funding consideration. (2) Eligible Activities and CDBG National Objectives (Up to 10 points). The applicant must describe how the proposed uses of BEDI funds will qualify as eligible activities under 24 CFR 570.703 governing the Section 108-guaranteed loan program, and also will meet the National Objectives of the CDBG program under 24 CFR 570.208. In describing how the proposed uses will meet the National Objectives of the CDBG program and the activity eligibility requirements of the Section 108 program, applications must also include citations to the specific regulatory subsections supporting eligibility of activities and compliance with National Objectives. (See Section III.C.1 of this NOFA). This information relates to a threshold factor as well as a rating factor, as described in Section III.C.1 of this NOFA. Applications that fail to respond satisfactorily to this subfactor (2) shall not receive funding consideration. (3) Project Readiness (Up to 10 points). In responding to this subfactor (2), the applicant should demonstrate the extent to which the redevelopment plan for the brownfields site is logical, feasible, and likely to achieve its stated purpose and the extent to which the project will directly result in the productive reuse of the site and the delivery of near-term, measurable economic benefits. The applicant's response should demonstrate the extent to which the project is likely to be completed within a maximum of five years from the date of the BEDI award and will produce near-term, measurable economic benefits. Points for this subfactor will be awarded based upon the extent to which the following critical benchmarks for the redevelopment plan have been met or are approaching completion. The applicant's response to this subfactor should address: (a) Environmental Investigation. This subfactor (a) will consider the extent to which the presence or potential presence of environmental contamination of the project site is known or understood. Proposed projects on sites where the nature and degree of environmental contamination is not well-quantified, where no environmental investigation has commenced, or that are the subject of on-going litigation or environmental enforcement actions will receive fewer points under this subfactor (a). Similarly, fewer points will be awarded to proposed projects at sites with exceptionally expensive contamination problems that may be beyond the scope of the BEDI and Section 108 programs' financial resources or other resources firmly committed to the project as described in the application, and sites subject to pending and current litigation that may not be available for remediation and development or redevelopment in a time frame that will produce near-term and measurable economic benefits through the use of BEDI and Section 108 funds. Alternatively, any applicant indicating the completion of environmental assessment or review and the issuance of HUD approval for a Request for Release of Funds for the project under 24 CFR part 58 will receive more points under this subfactor. (b) Site Control. This subfactor (b) will consider the extent to which control of the proposed project site has been secured or is being sought. Points for this subfactor (b) will be awarded based upon the degree of site control secured by the applicant or its development partner. Projects, for instance, in which negotiation or litigation related to site control are underway or continuing will receive fewer points than projects in which an option to purchase has been secured. Projects in which the applicant or its development partner has secured site control through acquisition, long-term lease, eminent domain or other means at the time of application will receive full points under this subfactor (b). In responding to this subfactor (b), applicants are encouraged to accompany their narrative response with a map indicating the boundaries of the proposed site or sites on which BEDI-assisted improvements are proposed. Any map included as part of the application must be submitted in accordance with the submission procedures provided for in the General Section and will not be counted in the fifteen page limitation on the narrative response to the Rating Factors as provided in Section V.A.1(b) of this NOFA. (c) Legislative, Regulatory, and Other Approvals. This subfactor (c) will consider the extent to which any required local legislative approvals, regulatory permits, zoning classifications, environmental regulatory approvals, waivers, general, and special use permits, assessment district designations, public easements or rights-of-way, or other similar approvals have been secured or are being sought. The greater the number of outstanding legislative, regulatory, or other approvals required and not yet secured, the fewer points will be awarded. In the case of a CDBG entitlement unit of general local government, such as a county, proposing to undertake a BEDI project within the jurisdiction of another CDBG entitlement unit of general local [[Page 13962]] government, such as a city or other jurisdiction within that county, the applicant should also include a letter of support from the jurisdiction in which the BEDI project would be located. (d) User Agreements. This subfactor (d) will consider the extent to which any development agreements, tenant leases, memoranda of understanding, or other agreements integral to returning the site to productive reuse and producing near-term measurable economic benefits, have been secured or are being sought. Applicants proposing projects that do not provide for new investment by an identified, committed private entity and the return of a brownfields site to productive reuse, with accompanying near-term, measurable economic benefits, will receive fewer points under this subfactor (d). (e) Delivery of Economic Benefits. The response to this subfactor (e) must include the time frame in which the measurable economic benefits are to be delivered. For multi-phase projects, the response to this subfactor (e) must clearly delineate the different phases of the project and indicate whether or not they are to be funded by BEDI/ Section 108 funds. Brownfields economic development projects that provide near-term, measurable economic benefits directly through the creation or retention of jobs will receive a greater number of points under this subfactor (e). In response to this subfactor (2), the applicant should also provide a specific time schedule (with both beginning and end dates) for carrying out the project and identify all interim measurable benchmarks (acquisition, demolition, site improvements, relocation, construction, etc.) to be accomplished. The applicant should also include a proposed schedule for drawing down all funds necessary to complete the project, including BEDI and Section 108 funds. A timeline form is provided in Appendix B to this NOFA for the purpose of illustrating the project schedule (Exhibit C of form HUD- 40123), but HUD will consider the timeline form only as an illustration of the narrative response to this subfactor (e). (4) Section 108 Application (Up to 2 points). BEDI applications accompanied by a request for new Section 108 Loan Guarantee assistance as evidenced by a full and complete Section 108 application as provided for in 24 CFR 570.704, and submitted concurrently under separate cover as provided for in Section IV.F.3 of the NOFA, will receive up to two points for this subfactor (4). BEDI applications accompanied by a request to use the BEDI grant award in conjunction with a currently pending but unapproved Section 108 loan guarantee application (together with any amendments needed for consistency with the BEDI application) for the same project described in the BEDI application, will also receive up to two points under this subfactor (4). (5) Financial Feasibility/Need (Up to 10 points). The applicant should demonstrate the economic necessity of the proposed BEDI and Section 108 funds and the extent to which the project is not financially feasible in the absence of such funds. In responding to this subfactor (5), applicants are encouraged to accompany their narrative response, as appropriate, with development and operating ``pro formas'' or similar analyses of the proposed project financing. Such pro forma or other financial analysis will not be counted in the fifteen page limitation on the narrative response to the Rating Factors as provided in Section V.A.1(b) of this NOFA. In the narrative response, applicants must clearly address the question of why the BEDI funds are critical to the success of this project by providing the following items: (a) Use of BEDI and Section 108 Funds to Fill Financing Gaps. The applicant must provide an economic rationale that demonstrates how the use of the BEDI and Section 108 funds will directly impact the financial feasibility of the proposed project. The response should discuss the critical gaps that exist in financing the proposed project, why those gaps exist and how the BEDI and Section 108 funds will be used to fill those gaps. The narrative response, including any pro forma or similar analysis, should demonstrate how the proposed BEDI and Section 108 financing will yield economic benefits critical to the success of the project, including, for example, increased rates of return or debt coverage ratios, reduced rents or other similar financial outcomes necessary to attract private investment. (b) Project Costs and Financial Requirements. A funding sources and uses statement must also be provided that specifies the source of funds for each identified use or activity (Exhibit C of form HUD-40123), along with the derivation of project costs. Rating Factor 4: Leveraging Resources (15 Points Maximum) In evaluating this Factor, HUD will consider the extent to which the response demonstrates the likelihood that the project will leverage both Section 108 loan and other public or private funds as part of the total project resources. Points for this Factor will be awarded in two parts, for the following: (1) Leverage of Section 108 funds (Up to 8 points). The minimum ratio of Section 108 funds to BEDI funds in any project may not be less than 1:1. Points will be awarded based upon the extent to which the proposed project leverages an amount of Section 108 funds greater than a 1:1 ratio. If the application has a ratio of 1:1, it will not receive any points under this subfactor. The higher the ratio of additional new Section 108 funds to BEDI funds proposed in an application, the more points it will receive under this subfactor, consistent with the points available hereunder. (See Sections II.C.1 and Section VI.B.1(a) of this NOFA regarding the conditioning of BEDI awards on achievement of a specific BEDI/Section 108 leveraging ratio.) (2) Leverage of Other Financial Resources (Up to 7 points). HUD will evaluate the extent to which other funds (public or private) are leveraged by BEDI grant funds, and the extent to which such other funds are firmly committed to the project. This could include the use of CDBG funds, other federal or state grants or loans, local general funds, project equity or commercial financing provided by private sources or funds from nonprofits or other sources. In order to receive points for other public and privately committed funds under this subfactor (2), letters of firm commitment, evidence of financial capacity and, for CDBG funds, the resolution of the local governing body, must be submitted for the proposed BEDI project in accordance with the submission procedures for third party documents provided in Section IV.F. of the General Section. In addition: (a) Applicants must provide evidence that such funds are ``firmly committed'' as defined in Section I.C. of this NOFA. (b) Each agreement or letter of commitment must include the name of the organization making the commitment, the proposed total level of commitment, and the responsibilities of the organization as they relate to the proposed BEDI project. (c) Each commitment--including the donation or purchase of real property or the provision of in-kind services--must be assigned a monetary value by the party making the commitment, accompanied by an indication of the basis for that assigned value. (d) The commitment must be signed by an official of the organization legally authorized to make commitments on behalf of the organization, with a statement confirming that authority, and [[Page 13963]] remain in effect for a period stated in the commitment. (e) If a commitment is to be self-financed, such as a commitment by a private developer to provide a specified amount of equity investment in the project, the party making that commitment must evidence its financial capacity through the submission of a corporate or personal financial statement or other appropriate means in order to receive points under this subfactor (2). (f) For Applicants Committing CDBG Funds: In order for an applicant's commitment of CDBG funds to be accepted by HUD as additional financing for a BEDI project, a resolution from the local governing body (e.g., city/borough council) authorizing the amount and permitted uses of the funds must be provided. All such funds may also be committed subject to completion of a satisfactory environmental review required under 24 CFR part 58 for the project for purposes of this section. Rating Factor 5: Achieving Results and Program Evaluation (15 Points Maximum) This Factor emphasizes HUD's commitment to ensuring that applicants maintain commitments made in their applications and assess their performance to ensure that performance goals are met. This Factor also evaluates the extent to which the results of the proposed BEDI project will address the policy priorities of the Department. In addition to a narrative response, applicants must complete the logic model provided in the General Section (form HUD-96010) in order to receive points under this Factor. Applicants seeking policy priority points for the removal of regulatory barriers to affordable housing as provided for in subfactor (2)(v) of this Factor, must also complete form HUD-27300 in order to receive points for that policy priority. (1) Performance Measurement Plan (Up to 12 points). HUD requires applicants to develop an effective, quantifiable, outcome oriented performance measurement plan for measuring performance and determining that BEDI project goals have been met. The applicant's response to this subfactor (1) should identify: (a) Each of the specific project outcomes for the proposed BEDI project; (b) all interim benchmarks or outputs of the project and the associated time frames for meeting each interim benchmark or output, i.e., the near-term measurable economic benefits to be achieved, such as the number of jobs created or retained and the time frame for creation or retention; and (c) the performance indicators selected by the applicant to measure its achievement of the identified project outputs and project outcomes. The performance indicators selected by the applicant should be objectively quantifiable and measure actual achievements against anticipated results. The response to this subfactor (1) should identify what will be measured, how it will be measured, and the procedures or plans that are in place to make adjustments to the project redevelopment plan if performance targets are not met within established time frames. In response to this subfactor (1), applicants should address any of the applicable outcomes or ultimate goals identified for the BEDI project. Examples of such outcomes or goals include increased property values, or home sales prices, as a result of a series of coordinated neighborhood activities; the amount of increased wages resulting from the creation or retention of jobs; increased business sales volume in revitalized neighborhoods; or the amount of any increased land value that results from the BEDI project. Applicants should propose quantifiable outcomes or goals related to the benefits expected for the neighborhood or for persons assisted, as part of the evaluation plan. (2) Policy Priorities (Up to 3 points). The applicant's response to this subfactor (2) should address how the project will address any of the following policy priorities of the Department, as further detailed in Section V.B. of the General Section. A maximum of three points shall be awarded to applicants that demonstrate how the proposed BEDI project addresses two or more of the following policy priorities, with the number of points afforded to each policy priority indicated below: (i) The extent to which the proposed project will improve the quality of life in the nation's communities, by bringing private capital to distressed communities (1 point); (ii) The extent to which the proposed project will finance business investments that will grow new businesses or maintain and expand existing businesses (1 point); (iii) The extent to which the proposed project will create decent jobs for low-income persons (1 point). (iv) The extent to which the project will increase affordable housing and homeownership opportunities for low- and moderate-income persons, persons with a disability, the elderly, minorities, and persons with limited English proficiency, whether through the provision of housing or employment which will enable residents to access affordable housing and have a choice of such housing in environmentally healthy and revitalized neighborhoods (1 point); (v) The extent to which the project will assist in breaking down regulatory barriers that impede the availability of affordable housing, accompanied by form HUD-27300). To receive points for this factor the applicant must submit the required documentation or reference to a URL(s) where the information can be found. (up to 2 points); and, (vi) The extent to which the project will utilize energy-efficient solutions in the design or operating phases, including the purchase and use of Energy Star-labeled products and/or combined heat and power (CHP, or cogeneration) in buildings, where applicable.) (See Section V.B of the General Section, Promoting Energy Efficiency and Adopting Energy Star, for more information (1 point). Bonus Points An application may receive up to four bonus points, until the maximum of four points are achieved. Two bonus points may be awarded for each of the following: (1) Projects that are located either in federally designated Empowerment Zones (EZs), Enterprise Communities designated by USDA in Round II (EC-IIs), or Renewal Communities (RCs) (see Section V.A. of the General Section for advice on locating a list of designated communities) that are intended to serve the residents of these areas, and that are certified to be consistent with the area's strategic plan or RC Tax Incentive Utilization Plan (TIUP); (2) Projects that are located in Brownfields Showcase Communities designated by EPA. A list of the federally designated Brownfields Showcase Communities is listed in Appendix C of Section VIII of this NOFA and is also available from the SuperNOFA Information Center or through the HUD Web site, http://www.hud.gov. B. Reviews and Selection Process 1. Reviews and Selection Process. All applications meeting BEDI program and other threshold requirements will be rated under the selection criteria in Section V.A. of this NOFA. Applications will be selected for funding as follows: a. Fundable BEDI grant applications must meet the program threshold and submission requirements of this NOFA and the other threshold requirements stipulated in Section III.C. of the General Section or they will not be ranked. [[Page 13964]] b. All BEDI grant applications that meet threshold requirements will be ranked separately in order of points assigned with the applications receiving more points ranked above those receiving fewer points. c. In the event two or more applications are given the same score, but there are insufficient funds to fund all of the tied applications, the application(s) with the highest score(s) on Rating Factor 3 (Soundness of Approach) shall be selected. If there is still a tie, the following Factors will be considered sequentially, with the application having the high score on each Factor in the following order taking precedence until the tie is broken: Rating Factor 1 (Capacity and Experience), Rating Factor 2 (Distress/Extent of the Problem), Rating Factor 4 (Leveraging Resources), and Rating Factor 5 (Achieving Results and Program Evaluation). d. Fundable BEDI applications will be funded in rank order until the total aggregate amount of the approvable applications funded is equal to the maximum amount available in the competition (subject to the limitations described in Section II.C above). e. In the event an insufficient number of applications meeting the program thresholds are received to award the full amount of BEDI funds appropriated and available under this NOFA, HUD may consider for funding those applications that did not meet the performance standards found in Section III.C.1.(d) above. 2. Corrections to Deficient Applications. Section V.B. of the General Section provides the procedures for corrections to deficient applications. C. Anticipated Announcement and Award Dates Historically, BEDI awardees have been notified of the approval of BEDI applications within approximately 90 days of the application deadline. VI. Award Administration Information A. Award Notices 1. Notice of Award and Obligation BEDI award recipients will receive written notice of approval of their applications and the related terms and conditions of the award. An authorized official of the applicant receiving a BEDI award will be required to sign and return an acceptance of the BEDI award. BEDI funds shall be obligated for an approved application upon the return of a signed acceptance of the award to HUD and a countersignature of that acceptance by an authorized HUD official. 2. Award Disbursements and Amendments a. Timing of Section 108 Approval and BEDI Grant Disbursements. (1) To the extent a full and complete Section 108 application is submitted with the BEDI grant application, HUD will evaluate the Section 108 application immediately following the competition for BEDI grant funds. Note that for those applicants that are granted a waiver to the electronic submission process, the 108 application must be submitted to the appropriate HUD field office concurrently with submission to Headquarters. (2) Notwithstanding any earlier obligation or award of BEDI funds to a grantee, or execution of a grant agreement, HUD will not permit the grantee to draw down BEDI funds before the issuance and at least partial funding of the obligations evidencing the related Section 108- guaranteed loan. (3) Pursuant to the Consolidated Appropriations Act, 2005 (under the ``Brownfields Redevelopment'' heading) and 31 U.S.C. 1552, FY2005 BEDI funds must be obligated (i.e., awarded) by HUD by September 30, 2006, and must be disbursed by HUD to the grantee by September 30, 2011. FY2004 BEDI funds must be obligated by September 30, 2005, and must be disbursed by HUD to the grantee by September 30, 20010. HUD reserves the right, however, to require earlier disbursement under a BEDI grant agreement. Accordingly, a BEDI awardee must ensure the timely submission of its Section 108 Loan Guarantee application, the execution of the Section 108 Contract for Loan Guarantee Assistance and BEDI Grant Agreement, and the issuance of the Section 108 Loan Guarantee Note. 3. Applicant Debriefing Section VI.A. of the General Section provides information on applicant requests for a debriefing. Applicants requesting to be debriefed must send a written request to the contact person for the BEDI program, Mr. William Seedyke, at the address listed in Section VII of this NOFA. B. Administrative and National Policy Requirements 1. Terms and Conditions a. Ratio of BEDI to Section 108 Loan Guarantee Funds. Because the proposed ratio of BEDI funds to Section 108 funds presented in an approved BEDI application represents an applicant's financial commitment to a BEDI project, HUD will condition the BEDI grant award on the grantee's achievement of that specific ratio. The failure of the grantee to meet that condition by obtaining timely HUD approval of a commitment for, and issuance of, the required Section 108 guaranteed obligations ratio may result in the cancellation and recapture of all or a proportionate share of the BEDI grant award. b. Approval of Section 108 Loan Guarantee Application and Disbursement of Funds. As a condition of any award under this NOFA, if the related Section 108 application has not been submitted and approved within 10 months of written HUD notification of selection for potential funding under this NOFA, HUD may deobligate the BEDI funds. BEDI grant awards and grant agreements will contain conditions requiring grantees to adhere to time frames mutually agreed on by the applicant/grantee and HUD for implementing proposed projects and drawing Section 108 and BEDI funds. If BEDI grant funds and Section 108 loan proceeds are not disbursed to the applicant within the time frames specified in the BEDI grant agreement, HUD reserves the right to cancel the award and recapture all or a portion of the BEDI funds, as applicable under the grant agreement. c. BEDI Application Amendments. Any modifications or amendments to an application approved pursuant to this NOFA, whether requested by the applicant or by HUD, must be within the scope of the approved original BEDI application in all respects material to rating the application, unless HUD determines that the revised application remains within the competitive range and is otherwise approvable under this NOFA. In addition, if the applicant proposes an amendment after the period during which appropriated funds are available for obligation (for FY2054 BEDI funds, after September 30, 2006), HUD will be unable to approve any amendment which materially changes the scope, purpose, or need for the original award, as determined by HUD. In such a case, the unused BEDI funds must be deobligated and returned to the U.S. Treasury. 2. Environmental Justice a. Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations) directs Federal agencies to develop strategies to address environmental justice. Environmental justice seeks to rectify the disproportionately high burden of environmental pollution that is often borne by low- income, minority, and other disadvantaged communities, and to ensure community involvement in [[Page 13965]] policies and programs addressing this issue. b. HUD expects that projects presented for BEDI funding will integrate environmental justice concerns and provide measurable economic benefits for affected communities and their current residents for the long term. 3. Economic Opportunities for Low- and Very Low-Income Persons (Section 3) Recipients of assistance under this NOFA must comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701 (Economic Opportunities for Low- and Very Low-Income Persons in Connection with Assisted Projects) and the HUD regulations at 24 CFR part 135, including the reporting requirements at subpart E. Section 3 requires recipients to ensure that, to the greatest extent feasible, training, employment, and other economic opportunities will be directed to low- and very-low income persons, particularly those who are recipients of government assistance for housing, and business concerns that provide economic opportunities to low- and very low-income persons. 4. Other National Requirements BEDI applicants are directed to the Section III.C of the General Section, which provides the statutory, regulatory, threshold, and public policy requirements applicable to all HUD grantees. In particular, BEDI applicants should carefully review provisions relating to Executive Order 13202 (Preservation of Open Competition and Government Neutrality Toward Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects) and federal laws governing the procurement of recovered materials. C. Reporting CDBG regulations at 24 CFR 570.507 (for metropolitan city and urban counties) and 24 CFR 570.491 (for state grantees) require the submission of a Consolidated Annual Performance Evaluation Report (CAPER) describing the use of CDBG funds during the program year. 24 CFR 570.3 defines CDBG funds to include BEDI grants, and accordingly, grantees must report specifically on the use of BEDI grant funds and Section 108 loan guarantee proceeds in the CAPER. CAPER requirements for the collection and reporting of racial and ethnic data also apply to the use of BEDI and Section 108 guaranteed loan proceeds. These data are to be reported in the CAPER using the Race and Ethnic Data Reporting form (HUD-27061). For each reporting period, as part of the required report to HUD, grant recipients must also include a completed Logic Model (form HUD-96010), which identifies output and outcome achievements. VII. Agency Contact For technical assistance in completing your registration with Grants.gov or in using the electronic application, please contact the Grants.gov Support Desk by calling 800-518-GRANTS or sending an email to Grants.gov">Support@Grants.gov. For assistance with program related questions, please contact William Seedyke, BEDI Program Coordinator; Office of Economic Development; U.S. Department of Housing and Urban Development; 451 Seventh Street, SW., Room 7140; Washington, DC 20410; telephone (202) 708-3484, extension 4445 (this is not a toll-free number). Hearing or speech challenged persons may call the Federal Information Relay Service at 800-877-8339 (this is a toll-free number). Before the application submission date, HUD staff will be available to provide general guidance and assistance about this BEDI NOFA. However, HUD staff are not permitted to assist in preparing a BEDI application. Following selection of applicants, but before awards are made, HUD staff are available to assist in clarifying or confirming information that is a prerequisite to the offer of an award by HUD. In addition, the Section 108 Loan Guarantee program is not a competitive program and therefore is not subject to those provisions of the HUD Reform Act pertaining to competitions that do not permit HUD staff to assist in the preparation of applications. HUD staff are available to provide advice and assistance to develop Section 108 loan applications. VIII. Other Information Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2506-0153. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to, a collection of information unless the collection displays a current OMB control number. Public reporting burden for the collection of information is estimated to average xx hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing and reporting the data for the application and for the annual report. The information will be used for grantee selection and monitoring and the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. Appendices BILLING CODE 4210-32-P [[Page 13966]] [GRAPHIC] [TIFF OMITTED] TN21MR05.158 [[Page 13967]] [GRAPHIC] [TIFF OMITTED] TN21MR05.159 [[Page 13968]] [GRAPHIC] [TIFF OMITTED] TN21MR05.160 [[Page 13969]] [GRAPHIC] [TIFF OMITTED] TN21MR05.161 [[Page 13970]] [GRAPHIC] [TIFF OMITTED] TN21MR05.162 [[Page 13971]] [GRAPHIC] [TIFF OMITTED] TN21MR05.163 [[Page 13972]] [GRAPHIC] [TIFF OMITTED] TN21MR05.164 [[Page 13973]] [GRAPHIC] [TIFF OMITTED] TN21MR05.165 [[Page 13974]] [GRAPHIC] [TIFF OMITTED] TN21MR05.166 [[Page 13975]] ----------------------------------------------------------------------- Part II Department of Housing and Urban Development ----------------------------------------------------------------------- Notice of HUD's Fiscal Year 2005 Notice of Funding Availability Policy Requirements and General Section to the SuperNOFA for HUD's Discretionary Programs; Notice Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices [[Page 13976]] ----------------------------------------------------------------------- [[Page 13977]] [GRAPHIC] [TIFF OMITTED] TN21MR05.167 [[Page 13978]] Youthbuild Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Community Planning and Development. B. Funding Opportunity Title: Youthbuild. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The OMB approval number for this program is 2506-0142. The Federal Register number for this NOFA is FR- 4950-N-04. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.243, Youthbuild Program F. Dates: The application submission date is on or before June 21, 2005. Please see the General Section of the SuperNOFA (the General Section) for application submission and receipt procedures. Please note that this year, all applications must be submitted electronically using http://www.grants.gov, as described in Section IV.F of the General Section. G. Additional Overview Content Information: 1. Purpose of the Program. The purpose of the Youthbuild program is to assist disadvantaged young adults between the ages of 16 and 24 years of age in distressed communities to: (1) Complete their high school education; (2) provide on-site construction training experiences which result in the rehabilitation or construction of housing for homeless persons and low- and very low-income families; (3) foster leadership skills; (4) further opportunities for placement in apprenticeship programs; and (5) promote economic self-sufficiency for program participants. 2. Available Funds. Approximately $56,444,800 in appropriated funds and carry over is available for Fiscal Year (FY) 2005, plus any funds available through recapture, minus any amount needed to correct errors. 3. Eligible Applicants. Eligible applicants are public or private nonprofit organizations that include grassroots community-based organizations inclusive of faith-based organizations. For a definition of grass-roots community based organizations see Secretarial Policy Priority D. Providing Full and Equal Access to Grassroots, Faith-Based and other Community-Based Organizations in HUD Program Implementation found in the General Section. Other eligible applicants include state or local housing agencies or authorities, state or units of local government, or any entity eligible to provide education and employment training under other federal employment training programs, as further defined in HUD's regulation at 24 CFR 585.4. 4. Match. None. If you are interested in applying for funding under this program, please carefully review the General Section and the following additional information. Full Text of Announcement I. Funding Opportunity Description A. Program Description. The purposes of the Youthbuild Program are to: 1. Provide economically disadvantaged young adults with opportunities to obtain an educational experience that will enhance their employment skills, as a means to achieving self-sufficiency; 2. Foster the development of leadership skills and commitment to community; 3. Expand the supply of permanent affordable housing for homeless and low- and very low-income persons by providing implementation grants for carrying out a Youthbuild program; 4. Provide disadvantaged young adults with meaningful on-site training experiences in housing construction and rehabilitation that will enable them to render a service to their communities by helping to meet the housing needs of homeless persons and low-income families; and 5. Give to the greatest extent possible, job training, employment, contracting, and other economic opportunities to low-income young adults. B. Desirable Elements of a Youthbuild Program. You should document the extent to which HUD's initiatives are furthered by the proposed activities. Such initiatives include: 1. Providing increased homeownership and rental opportunities for low- and moderate-income persons, persons with disabilities, the elderly, minorities, and families with limited English proficiency; 2. Improving our nation's communities; 3. Encouraging accessible design features; 4. Providing full and equal access to grassroots faith-based and other community based organizations in HUD program implementation; and 5. Ending chronic homelessness. C. Definitions. The following definitions apply to the Youthbuild Program: Rural and Underserved areas are defined as follows: 1. Rural Area. A rural area is defined in one of five ways: a. A non-urban place having fewer than 2,500 inhabitants (within or outside of metropolitan areas). b. A county or parish with an urban population of 20,000 inhabitants or fewer. c. Territory, including its persons and housing units, in rural portions of ``extended cities.'' The Census Bureau identifies the rural portions of extended cities. d. Open country, which is not part of or associated with an urban area. The United States Department of Agriculture (USDA) describes ``open country'' as a site separated by open space from any adjacent densely populated urban area. Open space includes undeveloped land, agricultural land or sparsely settled areas but does not include physical barriers (such as rivers and canals), public parks, commercial and industrial developments, small areas reserved for recreational purposes, and open space set aside for future development. e. Any place with a population not in excess of 20,000 and not located in a Metropolitan Statistical Area. 2. Underserved Area. An underserved area is defined as an area comprised of census tracts with the following economic distress criteria: a. A census tract where the unemployment remains high (50 percent or more above the nation's unemployment rate) and b. A census tract where high rates of poverty (50 percent or more above the national average) persist. II. Award Information A. Available Funds. Approximately $56,444,800 in funding is made available for this FY 2005 Youthbuild NOFA, which includes any carry over from previous appropriated funds, plus any FY 2005 funds appropriated by Congress. See the General Section for funding amounts and available funds. B. Authority. This program is authorized under subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act, as added by section 164 of the Housing and Community Development Act of 1992 (Pub. L. 102-550, 106 Stat. 3723, 42 U.S.C. 12899). The Youthbuild Program regulations are found in 24 CFR part 585. C. Funding Categories. HUD will award up to $56,444,800 on a competitive basis. Funds will be divided among three categories of grants as described below. In each fiscal year, the Secretary shall reserve five percent of the amounts available for technical assistance activities under this subtitle pursuant to section 402 to carry out subsections (b) and (c) (Subtitle D-Hope [[Page 13979]] for Youth: Section 458 (42 U.S.C. 12899g)). 1. Category 1 Grants. New Applicants. HUD will award up to $10,000,000 for new applicants that have not previously received implementation grants since the inception of the Youthbuild Program and that have elected not to apply under Category 2 or 3. The maximum amount that may be awarded to a successful applicant in this category is $400,000, for a period not to exceed 30 months. 2. Category 2 Grants. Grants up to $700,000. HUD will award up to $37,516,800 for grants up to $700,000 for a period not to exceed 30 months. The maximum amount that may be awarded to a successful applicant in this category is $700,000. Any eligible applicant can apply in Category 2. 3. Category 3 Grants. Underserved and Rural Areas. HUD will award approximately $8,928,000 for grants to organizations serving clients in underserved and rural areas as defined in this NOFA for a period not to exceed 30 months. The maximum amount that may be awarded to a successful applicant in this category is $400,000. 4. Selection of Category. Applicants must indicate in their project abstract which funding category they are applying for. For Category 3 applicants, you must designate which definition(s) under Section I.C. is (are) applicable. 5. Grant Period. You must expend funds awarded within 30 months of the effective date of the grant agreement. 6. Maximum Awards. Under the competition established by this Youthbuild program section of the SuperNOFA, the maximum award for a Youthbuild grant is $700,000 for Category 2 grants. The maximum amount of award for Categories 1 and 3 grants is $400,000. III. Eligibility Information A. Eligible Applicants. Eligible applicants are public or private nonprofit organizations which include grassroots community-based organizations inclusive of faith-based organizations. For a definition of grass-roots community based organizations, see Secretarial Policy Priority D. Providing Full and Equal Access to Grassroots, Faith-Based and Other Community-Based Organizations in HUD Program Implementation found in the General Section. Other eligible applicants include state or local housing agencies or authorities, states or units of local government, or any entity eligible to provide education and employment training under other federal employment training programs as further defined in HUD's regulation at 24 CFR 585.4. B. Cost Sharing or Matching. Under the Youthbuild program, there is no match required. Applicants that submit evidence of leveraging dollars under Rating Factor 4 ``Leveraging Resources'' will receive points under that Factor. C. Other. 1. Eligible Activities a. Work and activities associated with the acquisition, architectural and engineering work, rehabilitation or construction of housing, as defined in HUD's regulations at 24 CFR 585.309, 585.310, and 585.311. b. Relocation payments and other assistance required to comply with HUD's regulation at 24 CFR 585.308; c. Costs of ongoing training and technical assistance needs related to carrying out a Youthbuild program; d. Education, job training, counseling, employment, leadership development services, and optional activities that meet the needs of the participants including entrepreneurial training, driver education, apprenticeship opportunities, financial literacy, credit counseling, assistance programs for those with learning disabilities, and in-house staff training; e. Outreach to potential participants; f. Wages, benefits, and need-based stipends for participants; and g. Administrative costs must not exceed 10 percent of the grant award. HUD encourages you to use grant funds for outreach, recruitment, training, and other services for the participants that facilitate program implementation. Please refer to HUD's regulation at 24 CFR 585.305 for further details on eligible activities. 2. Threshold Requirements. All applicants must comply with the threshold requirements as defined in the General Section and the requirements listed below to receive an award. Applications that do not meet these requirements will be considered ineligible for funding and will be disqualified. a. Eligible Participants. Participants in a Youthbuild program must be very low-income high school dropouts between the ages of 16 and 24, inclusive, at the time of enrollment. Up to 25 percent of participants may be above very low-income, or may be high school graduates (or equivalent), but must have educational needs (such as lack of reading, writing, and communication skills) that justify their participation in the program. b. Youthbuild Program Components. Applications that receive assistance under this Youthbuild program section of the SuperNOFA must contain the three components described as follows: (1) Educational and job training services; (2) Leadership training, counseling, and other support activities; and (3) On-site training through actual housing rehabilitation and/or new construction work. (New construction may be subject to the accessible design and construction requirements of the Fair Housing Act [see the General Section], including the provision of alternative training experiences that are necessary as a reasonable accommodation for students with disabilities.) c. Identification of and Access to Property. Your application must identify the location of the site(s) or property(ies) (e.g., addresses, parcel numbers, etc.) that will be used for on-site construction. Your application MUST contain a letter from the property owner or property management company or companies allowing access to the housing site(s) for on-site construction training. HUD will deem as ineligible any application that fails to specifically identify the location of the on- site construction, including evidence of site access. Guidance on evidence of site access is as follows: (1) If the applicant or joint applicant has a contract or option to purchase the property, you should include a copy of the contract or option; and (2) If a third party owns the property or has a contract or option to purchase, that third party must provide a letter to you stating the nature of the ownership and specifically providing you with access to the property for the purposes of the program and the time frame in which the property will be available. In the case of a contract or option, include a copy of the document. d. Minimum Score. In order to be considered eligible for funding, your application must receive a minimum score of 75, including a minimum of 10 points in Factor 1. e. DUNS Requirement. Refer to the General Section for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD and submit your application on line using http://www.grants.gov. f. Civil Rights Threshold Requirement. Applicants must meet all of the applicable threshold requirements of Section III.C.2.c of the General Section regarding Fair Housing and Civil Rights laws, statutes, regulations and Executive orders and enumerated in 24 CFR 5.105(a). g. Potential Environmental Disqualification. HUD reserves the right to disqualify an application where one or more environmental thresholds are exceeded if HUD determines that it cannot conduct the environmental [[Page 13980]] review and satisfactorily complete the review within the HUD application review period. (See 24 CFR 585.307.) Environmental thresholds are explained in Appendix A of this program section of the SuperNOFA. Complete form 2C13a, 2C13b, or 2C13c and form 2C15 only if you are proposing to use Youthbuild funds for new housing construction, rehabilitation, lease or acquisition. h. Consistency with Consolidated Plan. You must provide the required certification that the proposed activities are consistent with the HUD-approved Consolidated Plan in accordance with 24 CFR part 91. See the General Section regarding the Certification of Consistency with the Consolidated Plan requirement. i. If you have received a Youthbuild grant and it is greater than 24 months old and you have not drawn down at least 50 percent of the total HUD grant funds as of the application submission date for this NOFA, you will not be eligible to receive a FY 2005 Youthbuild grant. 3. Program Requirements. In addition to the program requirements listed below, applicants must comply with the program requirements in Section III.C of the General Section. a. Locational Limitations. You may submit more than one application in the current competition if your program's participant recruitment and housing areas are in different jurisdictions. Each application you submit may only propose activities to carry out one Youthbuild program, i.e., to start a new Youthbuild program or to fund new classes of Youthbuild participants for an existing program. b. Site Selection. In determining the site or the location of a federally assisted facility, the applicant may not select sites that will exclude qualified persons with disabilities, or otherwise subject them to discrimination under the Youthbuild program. c. New Construction, Substantial Alterations,--Other Alterations. If the applicant undertakes to participate in New Construction, Substantial Alterations, or Other Alterations, it must conform to the accessibility standards outlined in the regulations implementing the Rehabilitation Act of 1973 at 24 CFR part 8, Sec. Sec. 8.22, 8.23(a) and Sec. 8.23(b). d. Training Requirement. Each program must be structured so that 50 percent of each participant's time is spent in on-site training and the other 50 percent in educational training. e. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Section 3 of the Housing and Urban Development Act of 1968, (12 U.S.C. 1701u) is applicable to the Youthbuild program. Section 3 requires recipients to ensure that, to the greatest extent feasible, training, employment, and other economic opportunities will be directed to low- and very-low income persons, particularly those who are recipients of government assistance for housing, and business concerns which provide economic opportunities to low- and very low- income persons. The regulations may be found at 24 CFR part 135. f. Participation in Local Workforce Investment Act One-Stop Center. Youthbuild grantees are mandatory partners in one-stop centers authorized by the Workforce Investment Act of 1998 (Pub. L. 105-220). g. First time applicants. If you are a first-time applicant applying for funding under Category 1, you must have a graduating class of not more than 20 participants. h. Environmental Reviews. Environmental procedures apply to HUD approval of grants when you propose to use Youthbuild funds to cover any costs for the lease, acquisition, rehabilitation, or new construction of real property proposed for housing project development. Environmental procedures do not apply to HUD approval of your application when you propose to use your Youthbuild funds solely to cover costs for classroom and/or on-the-job construction training and support services. If you propose to use your Youthbuild funds to cover any costs of the lease, acquisition, rehabilitation, or new construction of real property, you must submit all relevant environmental information in your application to support HUD decisionmaking in accordance with the environmental procedures and standards set forth in HUD's regulation at 24 CFR 585.307. IV. Application and Submission Information: (See the General Section) A. Addresses to Request Application Package: There is no application kit for the FY2005 Youthbuild NOFA. This SuperNOFA clearly describes the requirements for completing a successful application and all forms and certifications needed to complete the application are included in the General and Youthbuild Sections of the SuperNOFA, which can be downloaded from http://www.Grants.gov/Apply. The Grants.gov web site contains the electronic forms and the NOFA which includes forms and other attachments. The NOFA and forms are contained in a zipped file found under instructions. You many call the Grants.gov Support Desk at 800-518-Grants or email the Support Desk at Grants.gov">Support@Grants.gov for assistance in downloading the application and instructions. The Support Desk is open weekdays from 8 a.m. to 9 p.m. Eastern Time, except Federal holidays. B. Content and Form of Application Submission: Be sure to read the application submission instructions in the General Section and below carefully. 1. Response to NOFA Page Limitation. The total narrative response to all factors identified in Section V of this program NOFA must not exceed 15 single sided pages of text based on an 8.5 by 11 inch paper, using a standard 12 point font, with lines double-spaced. Please note that submitting pages in excess of the page limit will not disqualify your application. However, HUD will not review or consider the information on any excess pages. 2. Application Items. Your application must contain the items listed in this section below. These items include the standard forms, certifications, and assurances listed in the General Section that are applicable to this funding (collectively referred to as the ``standard forms''). The standard forms can be found in Appendix A to the General Section. The other items listed represent program specific forms or information needed to evaluate your application. General letters of support not associated with specific cash or in-kind commitments have no bearing on the rating of the applications for any rating factor. [[Page 13981]] ---------------------------------------------------------------------------------------------------------------- Required form or What to submit Required content format When to submit it ---------------------------------------------------------------------------------------------------------------- Project abstract............... Category applying .................. Application submission date. for (if Category 3, specify which definition(s) under ``rural and underserved'' is(are) applicable); Amount of funds requested; Location of project, including census tract(s); Number of participants to be trained; Number of houses to be constructed; Number of houses to be rehabbed; Major partners. Application Survey on Ensuring .................. SF-424, SF-424 Equal Opportunity for supplement. Applicants. Budget information............. Total Youthbuild Youthbuild Form 4A Grant Budget. Rating Factors: Narrative Described in addressing 5 rating factors. Section V of this announcement. Non-Housing Program Resources .................. Youthbuild Form 4B and accompanying letters of commitment for non-housing program resources. Logic Model Form............... .................. HUD-96010......... Applicant/Recipient Disclosure/ (Per required HUD-2880.......... Update Form. form). Disclosure of Lobby Activities .................. SF-LLL............ (if necessary). Certification of Consistency .................. HUD-2990.......... with RC/EZ/EC-II Strategic Plan. Certification of Consistency .................. HUD-2991.......... with Consolidated Plan. Acknowledgment of Application .................. HUD-2993.......... Receipt. Client Comments and Suggestions .................. HUD-2994.......... Youthbuild Program Specific .................. HUD-40211......... Application submission date. Forms/information (required for all applications) Exhibit 2C (Housing Site Description). Exhibit 2C10 (Individual Housing Project Site) Estimate. Accompanying letters of commitment to cover costs of lease, acquisition, rehabilitation or new construction of real property. Site Access Letter(s). Youthbuild Program Specific .................. .................. Application submission date. Forms (only if applicant proposes to use Youthbuild funds for lease, acquisition, rehabilitation, or new construction of real property). Exhibit 2C13a (Housing Project Certifications for Residential Rental Units. Exhibit 2C13b (Housing Project Certifications for Transitional Housing). Exhibit 2C13c (Housing Project .................. .................. Application submission date. Certifications for Homeownership). Exhibit 2C15 (Environmental Threshold Information for a Property Proposed for YB Funding). Questionnaire for HUD's .................. HUD-27300......... Application submission date. Initiative on Removal of Regulatory Barriers. Facsimile Transmittal.......... To be used when HUD-96011......... On or before the application submission submitting third date. party letters or other documents if you are unable to scan the documents and make them attachments to your electronic application. ---------------------------------------------------------------------------------------------------------------- C. Submission Dates and Times: The application submission date is June 21, 2005. Applications must be received by Grants.gov no later than 11:59:59 PM Eastern time on the application submission date. Applicants that have requested and received a waiver to the electronic application submission requirement must submit their application to the United States Postal Service no later than 11:59:59 PM on the application submission date. Please see the General Section for application submission and timely receipt procedures. D. Intergovernmental Review. The Youthbuild is subject to Intergovernmental Review under Executive Order 12372, ``Intergovernmental Review of Federal [[Page 13982]] Programs.'' See the General Section for further discussion of the Executive Order and HUD's implementing regulations. E. Funding Restrictions. Administrative costs must not exceed 10 percent of the grant award. V. Application Review Information The factors for rating and ranking applicants, and maximum points for each factor, are provided below. The maximum number of points for the program is 102. This includes two RC/EZ/EC-II and USDA designated Round II EC bonus points, as described in the General Section. The minimum fundable score is 75, including a minimum of 10 points in Factor 1. A. Rating Factor 1. Capacity of the Applicant and Relevant Organizational Experience (20 points, minimum 10 points). This factor addresses the qualifications and experience of the applicant and participating parties to implement a successful young adult education training program in accordance with your work plan as further described in Factor 3. HUD will review and evaluate information provided documenting recent capability. Experience within the last 5 years will be considered recent. In addition, as described in the General Section, HUD will take into account the applicant's past performance and may deduct points in this rating factor for previous inability to demonstrate performance. In reviewing this rating factor, HUD will evaluate the following sub-factors: 1. Team Member Composition and Experience (5 points). Your experience and the experience of your project director, core staff competencies including your day-to-day program manager, consultants, and contractors. You must demonstrate that your program manager has the background, experience, and capacity to implement all of the program components of the proposed work plan, as evidenced by recent work experience (within the last 5 years) in managing projects of the same or similar size, dollar amount, types of activities, and beneficiaries as those proposed in your work plan. If any gaps exist in your experience or organizational structure to carry out the program, describe how you will fill those gaps including the hiring of consultants or other outside parties. 2. Organizational Structure (5 points). The structure of your organization (include an organizational chart), management structure, including reporting relationships of key staff, a system for coordinating with outside contractors or third party service providers, a mechanism for an internal and external auditing relationship, and an accounting system which meets federal accounting system requirements. You should provide a clear description of how your organizational structure will operate to carry out your work plan. 3. Achievement of Performance Outcomes (10 points). The objectives and accomplishments of your past experience in conducting similar activities. You must describe your past project objectives and accomplishments that are similar to those of your proposed work plan to show your effectiveness and timeliness in managing similar projects. If you have received similar grants including previous Youthbuild grants, you must describe the effectiveness of your administration, including timeliness and meeting performance results from performance reports. In addressing timeliness of reports, you must compare when your reports were due with when they were actually submitted. You must describe your achievements, including specific measurable outcome objectives: number of youths recruited, trained, and received GEDs; number of youths obtaining jobs (i.e., those that are a part of a career path or apprenticeship program); number of youths participating in apprenticeships and number of housing units rehabilitated or constructed and made available for low- and very low-income persons. Previously generated outcomes should include the following: (1) Percent entered employment or enrolled in education and/or training first quarter after program exit, (2) percent of participants that earned a diploma, GED, or certificate, (3) percent that have attained literacy and numeracy skills by participants, (4) annual cost per participant. Also, you must describe the extent to which you or participating partners have been successful in past education, training and employment programs and activities, including federally funded Youthbuild programs. In applying the rating criteria, HUD will take into consideration your performance (including meeting target dates and schedules) as reported. The more recent, relevant, and successful the experience of the proposed team members, organization and other participating entities in relation to the work plan, the greater the number of points that you will receive. For previous and existing Youthbuild grantees, applicants that can demonstrate a closer and greater linkage between the expected outcomes and the previously generated outcomes will receive a higher amount of points for this Factor. Applicants that have been slow to draw their funds and therefore appear to be not making progress in completing their program activities, will receive lower rating points than applicants that have a pattern and practice of drawing funds in a timely manner consistent with timely progress in meeting program activity goals and objectives. B. Rating Factor 2: Need/Extent of the Problem (22 Points): This Factor addresses the extent to which there is need for funding the proposed activities based on levels of distress and an indication of the urgency of meeting the need/distress in the applicant's target area. In responding to this Factor, applications will be evaluated on the extent to which the level of need for the proposed activity and the urgency in meeting the need are documented and compared to the target area and national data. 1. In applying this Factor, HUD will consider current levels of distress for the area (i.e., Census Tract(s) or Block Groups) immediately surrounding the project site or the target area to be served by the proposed project, and in the nation. This means that an application that provides data that show levels of distress in the target area expressed as a percent greater than the national average will be rated higher under this Factor. Notwithstanding the above, an applicant proposing a project to be located outside the target area could still receive points under the Distress Factor if a clear rationale and linkage is provided linking the proposed project location and the benefits to be derived by persons living in more distressed area(s) of the applicant's target area. 2. Applicants should provide data that address indicators of distress, as follows: a. Poverty (5 points)--data should be provided in both absolute and percentage form (i.e., whole numbers and percentages) for the target area(s); an application that compares the local poverty rate in the following manner to the national average at the time of submission will receive points under this section as follows: (1) Less than the national average--0 points. (2) Equal to but less than twice the national average--1 points. (3) Twice but less than three times the national average--3 points. (4) Three or more times the national average--5 points. b. Unemployment (5 points)--for the project area; (1) Less than the national average--0 points. [[Page 13983]] (2) Equal to but less than twice the national average--1 point. (3) Twice but less than three times the national average--2 points. (4) Three but less than four times the national average--3 points. (5) Four but less than five times the national average--4 points. (6) Five or more times the national average--5 points. c. High School Dropouts (9 points)--for the project area; (1) Less than the national average--0 points. (2) Equal to but less than twice the national average--2 points. (3) Twice but less than three times the national average--4 points. (4) Three but less than four times the national average--6 points. (5) Four but less than five times the national average-- 8 points. (6) Five or more times the national average--9 points. d. Concrete examples of social and/or economic decline that best capture the applicant's local situation (3 points). Examples that could be provided under this section are information on the community's stagnant or falling tax base, including recent commercial or industrial closings, housing conditions, such as the number and percentage of substandard and/or overcrowded units, rent burden (defined as average housing cost divided by average income) for the target area and urgency in addressing problems facing youth, local crime statistics, etc. 3. In rating applications under this Factor, HUD reserves the right to consider sources of available objective data, such as the U.S. Census, other than, or in addition to, those provided by applicants, and to compare such data to those provided by applicants and local crime statistics for the project site. HUD requires use of sound and reliable data (e.g., U.S. Census data, state statistical reports, university studies/reports that are verifiable) to support distress levels cited in each application. A source for all information along with the publication or origination date must also be provided. Updated Census data are available as follows for the listed indicators: a. Unemployment rate-- estimated monthly, with a two-month lag; b. High School Dropout rate using the status rate-1999 data; c. Poverty rate--2000 Census data at the tract level. C. Rating Factor 3: Soundness of Approach (36 points): This Factor addresses the extent to which your proposed program is coordinated with other ongoing and related activities in the area you propose to serve and how well your program outcomes result in increased independence and empowerment to your beneficiaries at the conclusion of the grant period. HUD will evaluate the extent to which your application meets the following three elements: 1. Coordination Elements: 5 points as distributed below. a. Coordination of activities (2 points). The extent to which you have coordinated your activities with other known organizations that are not directly in your proposed work activities, but with which you share common goals and objectives and are working toward meeting these objectives in a holistic and comprehensive manner. The goal of coordination is to ensure that programs do not operate in isolation. The more your activities are coordinated with other agencies in your service area, the more points you will receive. An example of coordination of activities would be the applicant's partnership with an existing child day care facility (which is not funded by program) that provides day care services to the Youthbuild participants during the hours they are being trained or receiving education. b. Self-Sufficiency (1 point). Describe how your program will provide Youthbuild participants the ability to achieve: independent living, economic empowerment, educational opportunities, housing choice or an improved environment that is free from environmental hazards such as lead hazards, brownfields, overcrowded housing, etc. An applicant that addresses this subfactor will receive one point. c. Sustainability (2 points). For applicants that have not received a prior Youthbuild award, describe how your program will be financially self-sustaining by decreasing dependence on Youthbuild funding and relying more on state, local, and private funding so your activities can be continued after your grant award is complete. For previous Youthbuild grantees, describe how your program demonstrates a progression of reduced reliance on HUD's Youthbuild funds, as either a reduced Youthbuild grant amount or increased overall program level with Youthbuild as a declining share of the total. 2. Youthbuild Program Work Plan: For each component, HUD will consider the overall quality and feasibility of your proposed work plan and budget that must be consistent with the Youthbuild program as measured by your specific activities and outcomes. You will receive a greater number of points if the program components are consistent with the purpose of the Youthbuild program and your project goals and the resources provided. Letters describing specific resources or services to be contributed by non-applicant organizations must be included in your application. Specifically, HUD will consider the following categories when assessing your proposed work plan: a. Program Components. (15 points) (1) Outreach strategy, recruitment strategy, and selection activities. Points will be awarded based upon overall quality and feasibility of the outreach, recruitment and selection activities, the number and types of outreach activities, number of youths to be recruited including eligible participants who are harder to reach and comprehensiveness of the local selection process. In evaluating this category, HUD will consider your selection strategies and your specific outreach efforts to recruit or contact: (a) potential eligible participants who are unlikely to be aware of this program (because of race, color, national origin, religion, ethnicity, sex, or disability); (b) young women, young women with dependent children, and persons receiving public assistance; and (c) public agencies, courts, homeless shelters, local school systems, local workforce development systems, one-stop centers and community-based organizations, etc. (2) Educational and job training services and activities. Points will be awarded based upon the qualifications of instructors and proposed wages and stipends for youth participants. In evaluating this category, HUD will consider: (a) The types of in-class academic and vocational instruction you will provide; (b) The number and qualifications of program instructors and ratio of instructors to participants; (c) Scheduling plan for classroom and on-the-job training needed to meet program requirements and ensure timely completion of your program; and (d) Reasonable payments to participants of wages, stipends, and incentives. Wages or stipends for on-site construction training must be at least federal minimum wage. (3) Leadership development. Points will be awarded based upon your proposed leadership curriculum, qualifications of instructors, and the impact of the proposed leadership activities on the target area. You must describe the leadership development training you will offer to participants and strategies for providing the training [[Page 13984]] to build group cohesion and peer support. (4) Support services. You must assess the need for counseling and referral services during each stage of program implementation: outreach strategy, recruitment strategy, youths interviewed and not selected for the program, program participants, youths who drop out of the program, and graduates of the program. Describe how the participant needs will be addressed, document counseling and referral services to be offered to participants, the type of counseling, social services, and/or need- based stipends you will provide. (5) Follow-up assistance and support activities to program graduates. You must describe the type of proposed assistance and support which should be based upon an assessment of the needs of the program graduates and should include continued linkage to the local Youthbuild program, counseling, and social service referral services. (6) On-site training. Points will be awarded based upon the experience of proposed instructors, number of youth to be trained, and wages or stipends for participants. HUD will consider: (a) The housing construction or rehabilitation activities participants will undertake at the site(s) to be used for the on-site training component of the program as provided in the training curriculum and methodology for carrying out on-site training; (b) The qualification and number of on-site supervisors; (c) The ratio of trainers to participants; (d) The number of participants per site; and (e) The amounts, wages, and/or stipends you will pay to participants during on-site work. Amounts must be at least federal minimum wage. b. Strategy for Job Placement. (2 points). (1) For applicants that have not received a prior Youthbuild award. HUD will evaluate the quality and feasibility of your proposed strategy to place youth participants in permanent jobs. You will be rated on the following factors: (a) proposed number of youth to obtain jobs that promote economic self-sufficiency (i.e., those that are a part of career paths or apprenticeship programs); (b) proposed number of youths who will continue post-secondary or secondary education; and (c) proposed number of youths to receive entrepreneurship training. (2) For Youthbuild grantees who have grants that are at least 24 months old. In addition to the information in section V.C.2.b(1) above, provide the actual number of program participants that met each criterion in section V.C.2.b(1)(a), V.C.2.b(1)(b) and V.C.2.b(1)(c) as a percent of the total program participants served. c. Housing Program Priority: (10 points). HUD will assign Housing Program Priority points to all applications that contain evidence that housing resources from other federal, state, local, or private sources are available and firmly committed to cover all costs, in full, for the following housing activities for the proposed Youthbuild program: acquisition, architect and engineering fees, construction, and rehabilitation. Forms 2C, Housing Site Description, and 2C10, Youthbuild Grant Individual Housing Project Site Estimate, must be completed to receive the Housing Program Priority points. Applications that do not include proper documentation of firm financial commitments of non-Youthbuild resources or propose to use Youthbuild grant funds, in whole or in part, or do not evidence site control, for any one of the housing activities listed above will not be entitled to housing program priority points. For an applicant to receive the housing program priority points, each letter of commitment to cover the costs of the above activities must include the following: (1) The organization's name; (2) the applicant's name; (3) the proposed program; (4) the proposed amount of commitment and which housing activity(ies) (i.e., acquisition, architect and engineering fees, construction, and rehabilitation) the commitment represent(s); (5) a signature by an official of the organization legally able to make commitments on behalf of the organization with a statement confirming that the authority remains in effect for a period stated in the commitment. (6) If the contribution is cash, the applicant, the applicant's partner(s) or contributing entity must evidence its financial capability through a corporate or personal financial statement or other appropriate means. If any portion of the committed activity is to be financed through a lending institution, the participant must evidence the institution's commitment to fund the commitment. (7) Affirm that its investment is contingent only upon receipt of FY2005 Youthbuild funds and state a willingness on the part of the signatory to sign a legally binding commitment not earlier than the date this NOFA is published and (conditioned on HUD's environmental review and approval of a property, where applicable) upon award of the grant. d. Policy Priorities: (4 points). Policy Priorities are further defined in the General Section. Applicants should document the extent HUD's policy priorities are enhanced by the proposed activities. Applicants that include activities that can result in the achievement of these departmental policy priorities, as described in the General Section, will receive higher rating points in evaluating their application for funding. Three departmental policy priorities are listed below. Policy Priorities include: (1) Ending chronic homelessness (1 point); (2) Removal of regulatory barriers to affordable housing (up to 2 points) (see the General Section for further explanation). You must complete Form HUD-27300, Questionnaire for HUD's Initiative on Removal of Regulatory Barriers and provide the requested documentation to receive points for this policy priority. See the General Section for a discussion of how points are allocated. (3) Participation in Energy Star (1 point). See the General Section for further explanation. Applicants must state how they incorporate this priority into their application in order to receive the one point. D. Rating Factor 4: Leveraging of Non-housing Resources (10 Points). This Factor addresses the ability of the applicant to secure non-housing resources from its program partners. HUD will evaluate the extent to which firm commitments of resources are obtained from federal, state, local, private, and nonprofit sources. The applicant will receive points based upon the ratio of committed non-HUD resources for non-housing activities compared to the amount of Youthbuild funds requested in the application. (Exhibit 4B Non-Housing Program Resources must be completed and you must provide letters of firm commitment from the donor with the amount of cash or in-kind contribution). Applicants submitting letters of commitment without the Exhibit 4 completed, will not receive points for this Rating Factor. Each commitment described on Exhibit 4B for this Factor must have a firm commitment letter. In addition, the amount of the commitment in each letter must match the amount listed on the Form 4B. In assigning points for this criterion, HUD will consider the level of resources obtained for cash or in-kind contributions to cover the following kinds of areas: [[Page 13985]] [sbull] Social services (i.e., counseling and training); [sbull] Use of existing vocational, adult, and bilingual educational courses; [sbull] Donation of labor, resource personnel, supplies, teaching materials, classroom, and/or meeting space. 1. Firm commitment for non-housing resources. Each letter of commitment to cover the costs of the above activities must include the following: a. the organization's name; b. the applicant's name; c. the proposed program; d. the proposed amount of commitment and which non-housing activity(ies) the commitment represent(s); e. a signature by an official of the organization legally able to make commitments on behalf of the organization with a statement confirming that the authority remains in effect for a period stated in the commitment; f. an affirmation that its investment is contingent only upon receipt of FY2005 Youthbuild funds and a statement of willingness on the part of the signatory to sign a legally binding commitment not earlier than the date this NOFA is published. 2. Resources from other federal, state, local governments, or private entities. HUD encourages use of existing federal, state, local governments, or private and nonprofit housing programs as part of your Youthbuild program. In addition, HUD encourages use of other non- Youthbuild funds available for vocational, adult, and bilingual education programs, or for job training under the Workforce Investment Act and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (48 U.S.C. 1601 et seq.). E. Rating Factor 5: Achieving Results and Program Evaluation (12 Points). This factor emphasizes HUD's commitment to ensuring that applicants keep promises made in their application to rigorously assess their performance and ensure performance goals are met. Achieving results means you, the applicant, have clearly identified the benefits, or outcomes of your program. Outcomes are ultimate goals. Benchmarks or outputs are interim activities or products that lead to the ultimate achievement of your goals. Performance measurement requires that you, the applicant, identify program outcomes, interim products or benchmarks, and performance indicators that will allow you to assess your performance. Performance indicators must be quantified and measure actual achievements against anticipated achievements. You should identify what you are going to measure, how you are going to measure it, and the steps you have in place to make adjustments to your work plan if performance targets are not met within established timeframes. Applicants are required to address this factor as a narrative as well as complete the Logic Model form (see appendix to the General Section). This rating factor reflects HUD's goal to embrace high standards of ethics, management and accountability. HUD's evaluation of this rating factor will be based upon your Logic Model performance measures, results, and timeframes consistent with your program description, budget, resources, and program design. At a minimum, your Logic Model must include the following program outcomes: [sbull] Number of participants enrolled in the program; [sbull] Number of participants that graduate; [sbull] Number of housing units constructed; [sbull] Number of housing units rehabilitated; [sbull] Number and percent of GED's or certificates attained by participants (for percentage calculation, numerator: the number of participants who attain a diploma, GED or certificate; denominator: those who are participating in the Youthbuild program). [sbull] Number and percent of graduates placed in employment or education (for percentage calculation, numerator: the number of participants who have entered employment or enrolled in post secondary education; denominator: the number of graduates from the Youthbuild program); and [sbull] Number and percentage of graduates who made literacy and numeracy gains (measures the increase in literacy and numeracy skills of participants through a common assessment tool administered at program registration and regular intervals thereafter); for percentage calculation, numerator: the number of Youthbuild program participants who increase one or more education functioning levels; denominator: the number of Youthbuild program participants who have completed a year in the program). [sbull] Efficiency or annual cost per participant (numerator: grant amount; denominator: number of Youthbuild participants.) An applicant should agree to cooperate with any HUD-approved evaluation by making staff available for interview, providing lists of participants and their contact information, and making available files under appropriate assurance of confidentiality of records. VI. Reviews and Selection Process A. Rating and Ranking 1. General. To review and rate applications, HUD may establish panels including officials from other federal agencies and outside experts or consultants to obtain certain expertise and other outside points of view. 2. Rating. All applications for funding will be evaluated against the rating factors described in Section V. of this NOFA. 3. Ranking. Applications will be ranked separately within each of the three funding categories. Applications will be selected for funding in accordance with their rank order in each category. 4. Eligibility for Selection. To be eligible for funding, an application must have an overall minimum score of 75 points, including a minimum score of 10 points in Factor 1. If two or more applications are rated fundable and have the same score, but there are insufficient funds to fund all of them, HUD will select the application(s) with the highest score for Rating Factor 3 (Soundness of Approach). If two or more applications still have the same score, the highest score in the following factors will be selected sequentially until one highest score can be determined: Rating Factor 1 (Capacity of the Applicant and Relevant Organization); Rating Factor 4 (Leveraging of Resources) and Rating Factor 2 (Need/Extent of the Problem). 5. Adjustments to Funding. HUD reserves the right to utilize this year's funding to fund previous years' errors prior to rating and ranking this year's applications. Any available funds that remain after all applications within funding range have been selected or obligated will be reallocated between categories 1 and 2 by rank order between applications at the discretion of the selecting official or designee. Category 3 funds are appropriated as a set-aside, and can not be reallocated. 6. Corrections to Deficient Applications. The General Section provides the procedures for corrections to deficient applications. B. Anticipated Announcement and Award Dates. HUD anticipates making award announcements no later than four months after the application submission deadline date. VII. Award Administration Information A. Award Notices 1. Notification of Approval or Disapproval. HUD will notify you [[Page 13986]] whether or not you have been selected for an award. If you are selected, HUD's notice to you of the amount of the grant award based on the approved application will constitute HUD's CONDITIONAL approval, subject to negotiation and execution of the grant agreement by HUD. 2. Application Debriefing. Applicants who wish to have a debriefing of their application must send a written or email request (see the General Section) to: Mr. Mark A. Horwath, Director; Youthbuild Program; Office of Economic Development; Office of Community Planning and Development; 451 Seventh Street, SW., Room 7149; Washington, DC 20410- 7000 or e-mail address [email protected]. Debriefing information can be found in the General Section of the SuperNOFA. B. Administrative and National Policy Requirements 1. Applicable OMB Circulars. Please refer to the General Section for information regarding applicable OMB Circulars. 2. Applicable Executive Orders and Statutes. Please note that Executive Order 13202 may apply to your program (see the General Section) and Section 6002 of the Solid Waste Disposal Act covering the procurement of recovered materials may also be applicable (see the General Section.) 3. Executive Order 13166, Improving Access To Services For Persons With Limited English Proficiency (LEP). Consistent with Executive Order 13166, ``Improving Access to Services for Persons with Limited Proficiency (LEP),'' issued on August 11, 2000, all HUD recipients should take reasonable steps to provide certain materials and information available in languages other than English. The determination as to what materials, languages, and modes of translation/interpretation services should be used shall be based upon: a. The specific needs and capabilities of the LEP populations among the award recipient's program beneficiaries and potential beneficiaries of assistance (e.g. tenants, community residents, counselees, trainees, etc.) b. The recipient's primary and major program purposes; c. Resources of the recipient and size of the program; and d. Local housing, demographic, and community conditions and needs. HUD's LEP recipient Guidance has been published in the Federal Register on December 19, 2003 and further guidance may be found at http://www.lep.gov. 4. Reporting Requirements: a. Progress reports and Logic Model reporting. Youthbuild grantees are required to submit progress reports to the appropriate HUD field office in accordance with 24 CFR Part 585.403, using HUD Form 40201. Should you receive a FY 2005 Youthbuild award, you will be required to update your Logic Model periodically, addressing the time schedule, accomplishments to date and results and submit it to HUD in conjunction within the timeframes established for the Youthbuild progress reports. b. Racial and Ethnic Data reporting. HUD requires that funded recipients collect racial data and ethnic beneficiary data. It has adopted the Office of Management and Budget's Standards for the Collection of Racial and Ethnic Data. In view of these requirements, you should use form HUD-27061, Racial and Ethnic Data Reporting Form (instructions for its use), found on http://www.HUDclips.org., a comparable program form, or a comparable electronic data system for this purpose. VIII. Agency Contact(s) For technical assistance in downloading an application package from Grants.gov/Apply, contact the Grants.gov help desk at 800-518-Grants or by sending an e-mail to [email protected]. For programmatic information concerning the HUD Youthbuild program, contact Ms. Phyllis Williams, Community Planning and Development Specialist; Office of Economic Development; Office of Community Planning and Development; U. S. Department of Housing and Urban Development; 451 Seventh Street, SW., Room 7149; Washington, DC 20410- 7000; telephone (202) 708-2035 (this is not a toll-free number). Persons with speech or hearing impairments may access this number via TTY by calling the toll-free Federal Information Relay Service at 800- 877-8339. Prior to the application deadline, HUD's staff will be available to provide general guidance on the application submission process and location of information, but not guidance in preparing your application. A. Satellite Broadcast. HUD will hold an information broadcast via satellite for potential applicants to learn more about the program and preparation of an application. For more information about the date and time of this broadcast, you should consult the HUD Web site at http://www.hud.gov. B. Paperwork Reduction Act: The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2506.0142. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 45 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports, and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. Appendix A Instructions for Completion of Youthbuild Environmental Requirements (Exhibit 2C(15)) A. Instructions to Applicants 1. If you propose to use Youthbuild funds to cover any costs of the lease, acquisition, rehabilitation, or new construction or real property, you shall submit all relevant environmental information in your application to support HUD decisionmaking in accordance with the environmental procedures and standards described in 24 CFR 585.307. For each proposed Youthbuild property for which HUD environmental procedures apply, you are to prepare a separate Exhibit 2C(15) in which you supply HUD with environmental threshold information and letters from qualified data sources (see definition below) which support the information. HUD will review your submission and determine how, if necessary, HUD will comply with any federal laws and authorities that may be applicable to your property proposed for Youthbuild funding. If environmental procedures apply and Exhibit 2C(15) with supporting documentation is not included then the application will be deemed ineligible. You are to follow these instructions for preparing Exhibit 2C(15). The instructions advise you on how to obtain and document certain information to be supplied to HUD in this exhibit. Before selecting a property for Youthbuild funding, you should read these instructions and be advised that HUD encourages you to select, to the extent practicable, properties and locations that are free of environmental hazards and problems discussed in these instructions. The responses to the environmental criteria in Exhibit 2C(15) will be used to determine environmental approval or disapproval by HUD of proposals for physical development of properties. 2. After selecting a property for proposed Youthbuild funding, you are to determine the activities to be undertaken with your Youthbuild funds. You are to indicate in Section E whether the Youthbuild funds will be used for: [[Page 13987]] a. Lease or purchase of a property; b. Minor rehabilitation; c. Major rehabilitation; or d. New construction of housing. The activities proposed for Youthbuild funding will determine the kind of data that you will need to obtain from a qualified data source in order to complete Exhibit 2C(15). 3. Once you have selected a property and determined the activities for Youthbuild funding, you are advised to check with your city or county agency that administers HUD's Community Development Block Grant program and performs environmental reviews, or the local planning agency. This course of action is recommended in view of the fact that most, if not all of the data needed for preparing Exhibit 2C(15) is readily available from the local community development agency and the local planning agency. You are advised to ask the environmental staff of those agencies the following questions: a. Has the agency ever prepared an environmental review of the proposed Youthbuild property or the neighborhood in which the property is located, and if so, would it provide a copy to the applicant for use by HUD; b. Would the agency assist you in completing section G; or if the agency is not able to help complete any item in section G, would the agency advise you which local or state agency is the appropriate qualified data source for obtaining the information. Also, you should check with the local planning agency before proceeding elsewhere for the information. You are advised that the cost of preparing information and analyses needed for Exhibit 2C(15) is an eligible cost under the Youthbuild program and is reimbursable if you are approved for a grant. 4. Key terms used in these instructions are defined in the following section. Most of the other terms are technical and their definition would be known to qualified data sources. a. Qualified data source means any federal, state, or local agency with expertise or experience in environmental protection (e.g., the local community development agency; the land planning agency; the state environmental protection agency; the State Historic Preservation Officer) or any other source qualified to provide reliable information on the particular subject. Please attach a letter supporting the information from each qualified data source to Exhibit 2C(15). b. Minor rehabilitation refers to proposed repairs and renovations to (1) A building for residential use (with one to four units): (a) Where the density is not increased beyond four units; (b) Where the land use is not changed; and (c) Where the footprint of the building is not increased in a floodplain or in a wetland; or (2) A multifamily residential building (with more than four units): (a) Where the unit density is not changed more than 20 percent; (b) Where the land use is not changed to non-residential; and (c) Where the estimated cost of rehabilitation is less than 75 percent of the total estimated cost of replacement after rehabilitation. c. Major rehabilitation refers to proposed repairs and renovations to: (1) An existing building for residential use with one to four units: (a) Where the density is increased beyond four units; (b) That involves changes in land use; or (c) Where the footprint of the building is increased in a floodplain or in a wetland. (2) An existing multifamily building (with five or more units): (a) Where the estimated cost of the work is 75 percent or more of the estimated cost of replacement after completion; (b) That involves changes in land use from residential to nonresidential, or from nonresidential to residential; or (c) That increases unit density by more than 20 percent. d. Multifamily housing means any residential building that contains five or more apartments or rooming units. e. Single family housing means any residential building that contains one-to-four dwelling units. Because each federal environmental law or authority has compliance requirements that differ according to the type of proposed activity to be funded, you are required to supply information in Exhibit 2C(15) only for the type of activity for which the Youthbuild grant will be used. f. If you propose new construction or major rehabilitation of multifamily housing or major rehabilitation of single family housing, you must supply complete and reliable environmental threshold information for items 1 through 13 in section G. g. If you propose new construction of single family housing, you must supply complete and reliable environmental threshold information for items 1 through 12 in section G. h. If you propose minor rehabilitation of multifamily or single family housing, or the purchase or lease of a property, you must supply complete and reliable environmental threshold information for items 1 through 7 in section G. 5. Applicants subject to HUD's environmental procedures are to submit Exhibit 2C(15) and accompanying documentation to HUD with the applications for grant assistance. Such applicants are prohibited from committing or expending state, local, or other funds in order to undertake property rehabilitation, construction (including demolition), or acquisition (including lease), until HUD and the grantee execute a grant agreement for the proposed Youthbuild project. 6. HUD reserves the right to disqualify any application where one or more environmental thresholds are exceeded if HUD determines that the compliance review cannot be conducted and satisfactorily completed within the HUD review period for Youthbuild applications. B. Environmental Threshold and Documentation Requirements The threshold and documentation requirements for each of the federal environmental laws and authorities are described below, following the same order as they appear in section G. 1. Site Within Designated Coastal Barrier Resources Threshold: Youthbuild applicants are prohibited by federal law from using federal financial assistance for properties if the properties are located within designated coastal barriers of the Atlantic Ocean, Gulf of Mexico, and the Great Lakes (Coastal Barrier Resources Act, 16 U.S.C. 3501). * Documentation: You are to select either A or B for the condition that best describes the property and report the option selected in item 1 of section G. A. Your program operates in a community that does not contain any shores along the Atlantic Ocean, the Gulf of Mexico, or the Great Lakes. B. Your program operates in a community that does contain shores along the Atlantic Ocean, the Gulf of Mexico, or the Great Lakes. You must provide HUD with a finding made by a qualified data source stating that the proposed property is not located within a designated coastal barrier resource by citing the map panel number of the official maps issued by the Department of the Interior (DOI) on the basis of which the finding was made. 2. Site Contaminated With Toxic Chemicals and Radioactive Materials Threshold: Under HUD policy, as described in 24 CFR 50.3 (i), HUD will not approve the provision of financial assistance to residential properties on sites where contamination could affect the health and safety of occupants or conflict with the intended utilization of the property. Sites known or suspected to be contaminated by toxic chemicals or radioactive materials include, but are not limited to, sites: (i) listed on either an EPA Superfund National Priorities List (NPL) or CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) List, or equivalent state list; (ii) located within 3,000 feet of a hazardous or solid waste landfill site; or (iii) with an underground storage tank (which is not a residential fuel tank). * Documentation: You are to select either A or B for the condition that best describes property and report the option selected in item 2 of section G. A. You are providing HUD with a finding made by a qualified data source stating that the proposed Youthbuild property and any neighboring properties do not contain any sites known or suspected to be contaminated with toxic chemicals and radioactive materials. B. You are providing any site contamination data by a qualified data source in your letter for HUD's evaluation of contamination and/or suspicion of any contamination of a proposed property or any neighboring properties. 3. Site Affecting a Floodplain Threshold: A property located within a floodplain and proposed for funding is subject to Executive Order 11988, Floodplain Management. The Executive Order directs HUD to avoid, where practicable, proposed financial support for any floodplain property, [[Page 13988]] whenever HUD has options to approve properties in flood-free locations. The Order does not apply to existing single family properties proposed for purchase or lease except for: (a) Property that is located within a floodway or coastal high hazard area; and (b) substantial improvement. Substantial improvement for flood hazard purposes means any property rehabilitation which: (i) increases the unit density of the property; or (ii) equals or exceeds 50 percent of the market value of the property before rehabilitation, but excluding the costs for correcting health, sanitary, and safety code violations. Note: Proposed funding for substantial improvement and new construction are subject to the Executive Order decisionmaking process. This may result in a disqualification of your application (refer above to number 7 under ``Instructions to Applicants''). * Documentation: You are to select A or B for the condition that best describes your property and report the option selected in item 3 of section G. A. You are providing HUD with a finding made by a qualified data source stating that the property is not located within the Special Flood Hazard Area (SFHA). B. You are providing HUD with a finding made by a qualified data source that the property is located within the Special Flood Hazard Area (SFHA) and indicating if the property is located within a floodway or coastal high hazard area. The information for A and B must provide HUD with the flood map panel number obtained either from the official maps issued for the National Flood Insurance Program or from the property appraisal report used to make the finding. For all proposed rehabilitation of properties that are located within a SFHA, you must provide HUD with estimates of: (1) the property value before rehabilitation, and (2) the cost of the proposed rehabilitation. Provide the estimates in section F. If the property is found to be located within a SFHA, proceed to item 4 on flood insurance protection. Otherwise proceed to item 5. 4. Building Requiring Flood Insurance Protection Threshold: HUD will estimate the amount and period of flood insurance coverage that is to be made a condition of approval of any HUD financial assistance for a building located within a Special Flood Hazard Area (SFHA). The Flood Disaster Protection Act of 1973 requires owners of HUD-assisted buildings to purchase and maintain flood insurance protection as a condition of approval of any HUD financial assistance for the proposed purchase, rehabilitation, or new construction of any SFHA building. The law prescribes the coverage period and dollar amount of flood insurance protection. Proof of Purchase of Flood Insurance Protection: You must provide HUD with proof of purchase of flood insurance protection for any proposed Youthbuild building located within the SFHA, whenever HUD funding is being used for property purchase, rehabilitation, or new construction. The standard documentation for compliance is the Policy Declarations form issued by the National Flood Insurance Program (NFIP) or issued by any property insurance company offering coverage under the NFIP. Whenever the requirement applies to coverage that extends to future years, the grant agreement will require that the insured have its insurer automatically forward to HUD, in the same manner as to the insured, an information copy of the Policy Declarations form, which is used to verify compliance. * Documentation: You are to select either A or B for the condition that best describes your property and report the option selected in item 4 of section G. A. You already own the property and attach a copy of the Policy Declarations form confirming that a current flood insurance policy is in effect and the policy provides adequate coverage for the building proposed for the Youthbuild project located within the Special Flood Hazard Area. B. After you have purchased (or constructed, in the case of proposed new construction) the Youthbuild property, you must obtain and maintain flood insurance protection. For the term and amount of coverage prescribed by law, you must provide HUD with a copy of the Policy Declarations form confirming that the flood insurance policy is in effect and the policy provides adequate coverage for the Youthbuild building located within the Special Flood Hazard Area. 5. Site Within Clear Zones or Accident Potential Zones of Airports and Airfields Threshold: HUD policy as described in 24 CFR part 51, subpart D applies to HUD approval of financial assistance to: (a) properties located within clear zones; and (b) in the case of new construction or major rehabilitation, properties located within accident potential zones. (a) Clear zones: New construction and major rehabilitation of a property that is located on a clear zone site is prohibited. HUD financial assistance in a clear zone is allowed only for the proposed lease, purchase, or minor rehabilitation of properties (24 CFR 51.302(a)). For HUD funding approval for any property in a clear zone: (a) HUD will give advance written notice to the prospective property buyer in accord with 24 CFR 51.303(a)(3); and (b) a copy of the HUD notice signed by the prospective property buyer will be placed in the property file. The written notice informs the prospective property buyer of: (i) the potential hazards from airplane accidents, which studies have shown more likely to occur within clear zones than in other areas around the airport/airfield; and (ii) the potential acquisition by airport or airfield operators, who may wish to buy the property at some future date as part of a clear zone acquisition program. (b) Accident potential zones: For properties located within the accident potential zone (APZ), HUD shall determine whether the use of the property is generally consistent with Department of Defense ``Land Use Compatibility Guidelines for Accident Potential Zones.'' * Documentation: You are to select either A or B for the condition that best describes your property and report the option selected in item 5 of section G. A. The property is not located within 3,000 feet of a civil airport or military airfield. B. If your property is located within 3,000 feet of a civil airport or military airfield, you must provide HUD with a finding from the airport operator stating whether or not the property is located within a runway clear zone at a civil airport, or a clear zone or accident potential zone at a military airfield. For properties that are located within a runway clear zone or a clear zone or accident potential zone, if you propose to rehabilitate such a property you must provide HUD with estimates of: (i) the cost of the proposed rehabilitation, and (ii) the property value after completion of the rehabilitation. The estimates are to be provided in section F. 6. Site Is or Affects an Historic Property Threshold: Only if a property is proposed for rehabilitation or new construction must HUD in consultation with the State Historic Preservation Officer (SHPO), and following the Department of the Interior's Standards and Guidelines for Evaluation, make a determination whether the property is: a. Listed on or formally determined to be eligible for listing on the National Register of Historic Places; b. Located within or directly adjacent to an historic district; or c. A property whose area of potential effects includes an historic district or property. Historic properties and districts are subject by law to special protection and historic preservation processing, which HUD must perform to comply with the regulations of the Advisory Council on Historic Preservation (ACHP: 36 CFR part 800). Note: If you are using information from the SHPO as a qualified data source you need to allow sufficient time to obtain the information from the SHPO. You may wish to make special arrangements with the SHPO for rapid review of the proposed property where this is practicable. In addition, for properties determined to be historic properties, HUD will require 30 to 90 days in most cases for HUD to perform historic preservation compliance with the ACHP regulations. This may result in a disqualification of the application (refer above to number 7 under ``Instructions to Applicants''). * Documentation: You are to select one of the following options that best describes the condition of your property and report the option selected in item 6 of section G. A. You propose financial assistance for rehabilitation or new construction, and are providing HUD with a SHPO's finding that the proposed Youthbuild activity: 1. Is located within an area where there are no historic properties; or 2. Will have no effect on historic properties; or 3. Will have an effect on historic properties not considered adverse B. You propose financial assistance for rehabilitation or new construction, and are providing HUD with a SHPO's finding that the proposed Youthbuild activity will have an adverse effect on historic properties. C. You are providing HUD with a copy of a letter from the SHPO stating any reason for not being able to provide you with the requested information and finding. [[Page 13989]] 7. Site Near Hazardous Industrial Operations Threshold: Properties that are located near hazardous industrial operations handling fuels or chemicals of an explosive or flammable nature are subject to HUD safety standards (24 CFR 51, subpart C). However, under the Youthbuild program, these standards would apply only if you propose: (a) Construction of a building; (b) conversion of a non-residential land use to a residential land use including making habitable a building condemned for habitation; or (c) rehabilitation that increases the density of a residential structure by increasing the number of dwelling or rooming units. In the case of tanks containing common liquid fuels, the requirement for an acceptable separation distance (ASD) calculation only applies to storage tanks that have a capacity of more than 100 gallons. * Documentation: You are to select one of the following options that best describes the condition of the property, and report the option selected in item 7 of section G. A. The proposed project does not include: (1) Construction of a building; (2) conversion of a non-residential land use to a residential land use including making habitable a building condemned for habitation; or (3) rehabilitation that increases the density of a residential structure by increasing the number of dwelling or rooming units. B. The proposed project includes: (1) Construction of a building; (2) conversion of a non-residential land use to a residential land use including making habitable a building condemned for habitation; or (3) rehabilitation that increases the density of a residential structure by increasing the number of dwelling or rooming units; and you are providing HUD with a finding by a qualified data source that the proposed property is not located within the immediate vicinity of hazardous industrial operations handling fuel or chemicals of an explosive or flammable nature by citing data used and the maps used. C. The applicant proposes: (1) Construction of a building; (2) conversion of a non-residential land use to a residential land use including making habitable a building condemned for habitation; or (3) rehabilitation that increases the density of a residential structure by increasing the number of dwelling or rooming units. The grantee provides HUD a finding made by a qualified data source stating: (1) That the proposed property is located within the immediate vicinity of hazardous industrial operations handling fuel or chemicals of an explosive or flammable nature; (2) the type and scale of such hazardous industrial operations; (3) the distance of such operations from the proposed property; (4) a preliminary calculation of the acceptable separation distance (ASD) between such operations and the proposed property; and (5) a recommendation as to whether it is safe to use the property in accord with 24 CFR part 51, subpart C. 8. Site Near High Noise Source Threshold: For new construction that is to occur in high noise areas (i.e., exceeding 65 decibels), applicants shall incorporate noise attenuation features to the extent required by HUD environmental criteria and standards contained in subpart B (Noise Abatement and Control) of 24 CFR part 51. Approvals in a Normally unacceptable noise zone require a minimum of 5 decibels additional sound attenuation for buildings having noise-sensitive uses if the day-night average sound level is greater than 65 decibels but does not exceed 70 decibels, or a minimum of 10 decibels of additional sound attenuation if the day-night average sound level is greater than 70 decibels but does not exceed 75 decibels. Proposed housing sites with above 75 decibels are unacceptable and the noise attenuation measures require the approval of the Assistant Secretary for Community Planning and Development. In Unacceptable noise zones, HUD strongly encourages conversion of noise-exposed sites to non-housing land uses compatible with the high noise levels. For major rehabilitation projects involving five or more dwelling units located in the ``Normally Unacceptable'' and ``Unacceptable'' noise zones, HUD actively seeks to have project sponsors incorporate noise attenuation features, given the extent and nature of the rehabilitation being undertaken and the level of exterior noise exposure. *Documentation: You are to select A or B for the condition that best describes their project and report the option selected in item 8 of section G. A. You are providing HUD with a finding made by a qualified data source stating that the property proposed by the applicant for a major rehabilitation or new construction project involving five or more dwelling units is not located within: (1) 1,000 feet of a major noise source, road, or highway; (2) 3,000 feet of a railroad; or (3) 1 mile of a civil or 5 miles of a military airfield. B. The applicant provides HUD with a finding made by a qualified data source: (1) stating that the plans for the property proposed by the applicant for a major rehabilitation or new construction project involving five or more dwelling units will incorporate noise attenuation features in accord with HUD environmental criteria and standards contained in subpart B (Noise Abatement and Control) of 24 CFR part 51; (2) stating whether the property is located within a ``Normally Unacceptable'' or ``Unacceptable'' noise zone; and (3) providing HUD plans and a statement of the anticipated interior noise levels. 9. Site Affecting Coastal Zone Management Threshold: Only for proposed activities involving new construction or major rehabilitation of multifamily housing does the Coastal Zone Management (CZM) authority apply. Projects that can affect the coastal zone must be carried out in a manner consistent with the approved state coastal zone management program under section 307 of the Coastal Zone Management Act of 1972, as amended. *Documentation: You are to select either A or B for the condition that best describes the project and report the option selected in item 9 of section G. A. You state that your project is not located within a coastal zone, as defined by the States Coastal Zone Management Plan. B. If your project is located within a coastal zone, you are providing HUD with a finding made by the state coastal zone management agency that the project proposed by the applicant is consistent with the approved state coastal zone management program. 10. Site Affecting a Sole Source Aquifer Threshold: The sole source aquifer authority applies primarily to activities involving proposed new construction or conversion to housing of non-residential property. Projects that can affect aquifers designated by the Environmental Protection Agency (EPA) must be reviewed for impact on such designated aquifer sources. The Safe Drinking Water Act of 1974 requires protection of drinking water systems that are the sole or principal drinking water source for an area and which, if contaminated, would create a significant hazard to public health. *Documentation: You are to select either A or B for the condition that best describes the project and report the option selected in item 10 of section G. A. You are providing HUD with a finding made by a qualified data source stating that the proposed property is not located on nor does it affect a sole source aquifer designated by EPA. B. If your project proposes new construction or conversion activities that are located on or may affect any sole source aquifer designated by the EPA, you are identifying the aquifer and providing HUD with an explanation of the effect on the aquifer from a qualified data source, and/or a copy of any comments on the proposed project that have been received from the EPA Regional Office as well as from any state or local agency with jurisdiction for protecting the drinking water system. 11. Site Affecting Endangered Species Threshold: The Endangered Species Protection (ESP) authority applies primarily to activities involving proposed new construction or conversion to housing of a non-residential property. Projects which can affect listed or proposed endangered or threatened species or critical habitats require consultation with the Department of the Interior or the Department of Commerce in compliance with the procedure of section 7 of the Endangered Species Act of 1973, as amended. *Documentation: You are to select either A or B for the condition that best describes the property and report the option selected in item 11 of section G. A. If your project proposes new construction or conversion activities, you are providing HUD with a finding made by a qualified data source that the project is not likely to affect any listed or proposed endangered or threatened species or critical habitat. The finding shall indicate whether the project is located within a critical habitat, and if so, explain why the project is not likely to affect the species or habitat. B. If your project proposes new construction or conversion activities that are likely to affect listed or proposed endangered [[Page 13990]] or threatened species or critical habitat, you are providing HUD with a statement from a qualified data source explaining the likely effect, and/or a finding made by the Fish and Wildlife Service of the Department of the Interior or the National Marine Fisheries Service of the Department of Commerce stating as acceptable the proposed mitigation that you will provide to protect any affected endangered or threatened species or critical habitat. 12. Site Affecting a Designated Wetland Threshold: New construction or conversion to housing of a non- residential property located within a designated wetland is subject to Executive Order 11990, Protection of Wetlands. This Executive Order directs HUD to avoid, where practicable, financial support for new construction on wetland property. Note: Proposed funding for new construction or conversion is subject to the Executive Order decisionmaking process. This may result in a disqualification of the application (refer above to number 7 under ``Instructions to Applicants''). *Documentation: You are to select A or B for the condition that best describes the property and report the option selected in item 12 of section G. A. You are providing HUD with a finding made by a qualified data source stating that the property is not located within a designated wetland where new construction or conversion is proposed. B. You are providing HUD with a finding made by a qualified data source that the property is located within a designated wetland, which applies only to property where new construction or conversion is proposed. The information for A and B must provide HUD with the wetland panel number obtained from official maps issued by the Department of the Interior on the basis of which the finding was made, or where the Department of the Interior has not mapped the area, a letter or other documentation from the Army Corps of Engineers, or other federal agency. 13. Significant Impact to the Human Environment. Threshold: HUD must perform an environmental assessment of any property proposed for either: a. Major rehabilitation of: (1) Multifamily residential buildings (with more than four units) that would: increase unit density by more than 20 percent, change the land use, or cost 75 percent or more of the total estimated cost of replacement after rehabilitation; or (2) Buildings for residential use (with one to four units) that would increase density beyond four units, change the land use, or increase the footprint of the building in a floodplain or in a wetland; b. New construction except for (A) an individual action on up to four dwelling units where there is a maximum of four units on any one site (The units can be four one-unit buildings or one four-unit building or any combination in between); and (B) an individual action on a project of five or more housing units developed on scattered sites, when the sites are more than 2,000 feet apart and there are not more than four housing units on any one site. It is the policy of the Department to reject proposals that have significant adverse environmental impacts and to encourage the modification of projects in order to enhance environmental quality and minimize environmental harm. This policy is authorized by the National Environmental Policy Act (NEPA) and the implementing regulations of the Council on Environmental Quality and HUD's Environmental regulations at 24 CFR part 50. *Documentation: You are to provide HUD with any information on any adverse environmental impacts that affect the property or that the project would create. You are to report these data on a separate sheet and attach it to Exhibit 2C(15). Examples of adverse impacts are: soil instability and erodibility; natural or person-made hazards and nuisances; air pollution; inadequate infrastructure (e.g., water supply, waste water treatment, storm water management, solid waste collection), inadequate public services (i.e., fire, police, health care, social services, schools, parks) and transportation; and encroachment on prime farmlands and wild and scenic river areas. You are to identify any significant impacts to the human environment. APPENDIX B The following non-standard forms are required for your Youthbuild application. The Youthbuild forms were approved under OMB Approval No. 2506-0142 (expiration 12/31/06). [[Page 13991]] [GRAPHIC] [TIFF OMITTED] TN21MR05.168 [[Page 13992]] [GRAPHIC] [TIFF OMITTED] TN21MR05.169 [[Page 13993]] [GRAPHIC] [TIFF OMITTED] TN21MR05.170 [[Page 13994]] [GRAPHIC] [TIFF OMITTED] TN21MR05.171 [[Page 13995]] [GRAPHIC] [TIFF OMITTED] TN21MR05.172 [[Page 13996]] [GRAPHIC] [TIFF OMITTED] TN21MR05.173 [[Page 13997]] [GRAPHIC] [TIFF OMITTED] TN21MR05.174 [[Page 13998]] [GRAPHIC] [TIFF OMITTED] TN21MR05.175 [[Page 13999]] [GRAPHIC] [TIFF OMITTED] TN21MR05.176 [[Page 14000]] [GRAPHIC] [TIFF OMITTED] TN21MR05.177 [[Page 14001]] Housing Choice Voucher Family Self-Sufficiency Program Coordinators Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Public and Indian Housing, Office of Public Housing and Voucher Programs. B. Funding Opportunity Title: Housing Choice Voucher Family Self- Sufficiency (FSS) Program Coordinators. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA is FR-4950-N-17. The OMB approval number for this program is 2577- 0178. E. Catalog of Federal Domestic Assistance (CFDA) Number: 14.871, Section 8 Housing Choice Vouchers. F. Dates: Application Deadline: The application submission date is May 20, 2005. Please see the General Section for application submission, delivery, and timely receipt requirements. G. Optional, Additional Overview Content Information: The purpose of the Housing Choice Voucher FSS program is to promote the development of local strategies to coordinate the use of assistance under the Housing Choice Voucher program with public and private resources to enable participating families to achieve economic independence and self-sufficiency. The FSS program and this FSS NOFA support the Department's strategic goals of increasing homeownership activities and helping HUD-assisted renters make progress toward self-sufficiency. The FSS program provides critical tools that can be used by communities to support welfare reform and help families develop new skills that will lead to economic self-sufficiency. As a result of their participation in the FSS program, many families have achieved stable, well-paid employment, which has made it possible for them to become homeowners. An FSS program coordinator assures that program participants are linked to the supportive services they need to achieve self-sufficiency. Full Text of Announcement I. Funding Opportunity Description A. Authority and Program Description. The Consolidated Appropriations Act, 2005, allows funding for program coordinators under the Housing Choice Voucher FSS program. Through annual NOFAs, HUD has provided funding to public housing agencies (PHAs) that are operating Housing Choice Voucher FSS programs to enable those PHAs to employ program coordinators to support their Housing Choice Voucher FSS programs. In the Fiscal Year (FY) 2005 Housing Choice Voucher FSS Program Coordinator NOFA, HUD is again making funding available to PHAs to employ FSS program coordinators and FSS homeownership program coordinators for one year. Funding priority under this NOFA will be provided to applicants that demonstrate that their FSS families have made progress in moving to homeownership. HUD will accept applications from both new and renewal PHAs that have HUD approval to administer a Housing Choice Voucher FSS program. PHAs funded under the Housing Choice Voucher FSS NOFA in FY2004 are considered ``renewal'' PHAs in this NOFA. These renewal PHAs are invited to apply for funds to continue previously funded Housing Choice Voucher FSS program coordinator and FSS homeownership coordinator positions that they have filled. In addition, any renewal PHA that has demonstrated significant progress in expanding FSS homeownership opportunities may apply for an additional Housing Choice Voucher FSS homeownership coordinator to support Housing Choice Voucher FSS homeownership activities. For funding Category 1 of this NOFA only, eligible renewal PHA applicants include PHAs that received funding under the FY2003 FSS NOFA. Because of the importance of the FSS program in helping families increase earned income and develop assets, HUD will also accept applications from ``new'' PHAs, PHAs that do not qualify as renewal PHAs under this FSS NOFA. The maximum number of positions that a new applicant PHA, including new PHA joint applicants, may receive is one full-time FSS program coordinator. Preference in funding these ``new'' applicant PHAs will be given to applicants with documented home purchases by Housing Choice Voucher program participants and graduates. A definition of the Housing Choice Voucher Home Purchase Percentage that will be used for this preference is found in I.C.10 of this FSS NOFA. To support the Department's initiatives on Colonias, a selection preference is again included in this NOFA for ``new'' applicant PHAs that provide services and support to rural under-served communities in the Southwest Border regions of Arizona, California, New Mexico, and Texas. See Section III.C.3.c. of this NOFA for requirements that must be met to qualify for the Colonias preference. PHAs are encouraged to outreach to persons with disabilities who are Housing Choice Voucher program participants and might be interested in participating in the FSS program and to include agencies on their FSS Program Coordinating Committee (PCC) that work with and provide services for families with disabilities. Applicants must administer the FSS program in accordance with HUD regulations and requirements in 24 CFR part 984 which govern the Housing Choice Voucher FSS Program and must comply with the existing Housing Choice Voucher program requirements, notices and guidebooks. B. Number of Positions for Which Eligible PHAs May Apply. Eligible PHAs may apply for funding for Housing Choice Voucher FSS program coordinator positions under this NOFA as follows: 1. Renewal PHAs. PHAs that qualify as eligible renewal PHAs under this NOFA, may apply for: a. Continuation of each FSS coordinator position, including homeownership coordinator positions, awarded under the Housing Choice Voucher FSS NOFA in FY2004 that has been filled by the PHA, and, for funding Category 1 of this NOFA only, continuation of eligible positions funded under the FY2003 FSS NOFA. b. New Position. Up to one additional full-time Housing Choice Voucher FSS homeownership program coordinator for renewal PHAs with qualifying homeownership programs. 2. New PHAs. A PHA that meets the requirements for a new PHA under this FSS NOFA, may apply for Housing Choice Voucher FSS program coordinator positions as follows: a) Up to one full-time Housing Choice Voucher FSS coordinator position for a PHA with HUD approval to administer a Housing Choice Voucher FSS program of 25 or more FSS slots. b) Up to one full-time Housing Choice Voucher FSS coordinator position per application for joint PHA applicants that together have HUD approval to administer a total of at least 25 Housing Choice Voucher FSS slots. C. Definitions. The following definitions apply to the funding available under this NOFA. 1. Renewal PHA Applicant. A PHA or PHAs that received funding under the Housing Choice Voucher FSS NOFA in FY2004. For purposes of Category 1 applicants only, eligible renewal PHAs also include PHAs that received FSS funding in 2003. 2. New PHA Applicant. PHAs that did not receive funding under the Housing Choice Voucher FSS NOFA in FY2004 that have HUD approval to administer a Housing Choice Voucher FSS program [[Page 14002]] of at least 25 slots or that fulfill the 25 slot minimum by applying jointly with one or more other PHAs. 3. FSS Program Size. The total number of Housing Choice Voucher FSS program slots identified in the PHA's HUD-approved FSS Action Plan. The total may include both voluntary and mandatory Housing Choice Voucher FSS program slots. 4. Qualifying FSS Homeownership Program. Qualifying programs include the Housing Choice Voucher program homeownership option or other programs administered by the PHA or other entities that prepare Housing Choice Voucher program FSS participants for making the transition from renting to homeownership. 5. FSS Homeownership Percentage. A percentage that will be computed by HUD for the purpose of establishing the order of funding of eligible renewal applicants under this NOFA. It is the total number of an applicant's Housing Choice Voucher FSS homeownership families as a percentage of the PHA's Housing Choice Voucher FSS program participants. 6. Total Number of FSS Homeownership Families. The total number of Housing Choice Voucher FSS homeownership families enrolled in the applicant's Qualifying Homeownership Programs as of the application due date of this NOFA, plus the number of its Housing Choice Voucher FSS graduates that moved to homeownership between October 1, 2000, and the application due date of this NOFA. Homeownership participation of families is reported to HUD on the FSS program coordinator application and on the form HUD-50058. These numbers are subject to audit. 7. The Number of Housing Choice Voucher FSS Program Participants. The number that is used to calculate the FSS Homeownership Percentage of the applicant. It is the total number of families shown in HUD's PIC data system as enrolled in the applicant's Housing Choice Voucher FSS program on the application due date of this NOFA, plus the number of families that successfully completed their Housing Choice Voucher FSS contracts in the applicant's program between October 1, 2000, and the application due date of this NOFA. 8. Percentage of Families with Positive FSS Escrow Balances. A percentage that will be computed by HUD and used to determine funding order under this NOFA. It is the number of Housing Choice Voucher FSS families with positive escrow balances as a percentage of Housing Choice Voucher FSS families with FSS progress reports submitted to HUD on the Form HUD-50058. The data source is HUD's PIC data system records of Form HUD-50058 Housing Choice Voucher FSS program progress reports that were effective between October 1, 2003, and the application due date of this NOFA. 9. Housing Choice Voucher Program Size. The number of Housing Choice Vouchers in a PHA's voucher program as determined by HUD using baseline data. 10. Housing Choice Voucher Program Home Purchase Percentage. A percentage calculated for new applicant PHAs that are eligible for funding under Category 3 of this FSS NOFA. It is the number of documented home purchases by Housing Choice Voucher program participants and graduates for the period from October 1, 2000 through the application due date of this NOFA as a percentage of the applicant's Housing Choice Voucher program size. II. Award Information A. Available Funds This NOFA announces the availability of approximately $45.6 million in FY2005 to employ FSS program and FSS homeownership coordinators for the Housing Choice Voucher FSS program. If additional funding becomes available during FY2005, HUD may increase the amount available for Housing Choice Voucher FSS Program coordinators and Housing Choice Voucher FSS homeownership coordinators under this NOFA. A maximum of $63,000 is available for each full-time coordinator position funded. Salaries are to be based on local comparables. The funding will be provided as a one-year Housing Choice Voucher funding increment under the PHA's Annual Contributions Contract (ACC). HUD reserves the right to adjust funding for renewal positions in order to ensure a fair and reasonable distribution of funding. III. Eligibility Information A. Eligible Applicants. PHAs eligible to apply for funding under this NOFA are: 1. Renewal PHAs. Those PHAs that received funding under the Housing Choice Voucher FSS NOFA in FY2004. To continue to qualify as renewal PHAs, the FY2005 application of joint applicants must include at least one PHA applicant that meets this standard. Joint applicants can change the lead PHA in their FY2005 application. A PHA that was originally funded as part of a joint application, that wishes to now apply separately would continue to be considered a renewal PHA applicant for funding purposes, but must be able to meet the FSS minimum program size requirement of a HUD-approved Housing Choice Voucher FSS program of at least 25 slots that applies to new applicant PHAs. For purposes of Category 1 applicants only, eligible renewal PHAs also include PHAs that received FSS funding in 2003. 2. New PHAs. PHAs that were not funded under the Housing Choice Voucher FSS NOFA in FY2004. The new applicant PHA must be authorized through its HUD-approved FSS Action Plan to administer a Housing Choice Voucher FSS program of at least 25 slots, or be a PHA with HUD approval to administer Housing Choice Voucher FSS programs of fewer than 25 slots that applies jointly with one or more other PHAs so that together they have HUD approval to administer at least 25 Housing Choice Voucher FSS slots. Joint applicants must specify a lead co-applicant that will receive and administer the FSS program coordinator funding. 3. Moving to Work (MTW) PHAs. New and renewal PHAs that are under the MTW demonstration may qualify for funding under this NOFA if the PHA administers an FSS program. When determining the size of a MTW PHA's HUD-approved FSS program, the PHA may request that the number of FSS slots reflected in the PHA's MTW agreement be used instead of the number in the PHA's FSS Action Plan. 4. Troubled PHAs. a. A PHA that has been designated by HUD as a troubled PHA under the Section 8 Management Assessment Program (SEMAP), or that has serious program management findings from Inspector General audits or serious outstanding HUD management review or Independent Public Accountant (IPA) audit findings for the PHA's Housing Choice Voucher or Moderate Rehabilitation programs that are resolved prior to application due date is eligible to apply under this NOFA. Serious program management findings are those that would cast doubt on the capacity of the PHA to administer its Housing Choice Voucher FSS program in accordance with applicable HUD regulatory and statutory requirements. b. The requirements that apply to a PHA whose SEMAP troubled designation has not been removed by HUD or the major program management findings or other significant program compliance problems that have not been resolved by the due date are stated in Section III.C.3.e. of this NOFA. B. Cost Sharing or Matching. None required. [[Page 14003]] C. Other. 1. Eligible Activities. Funds awarded to PHAs under this FSS NOFA may only be used to pay salaries and fringe benefits of Housing Choice Voucher FSS program staff. Funding may be used to employ or otherwise retain for one year the services of Housing Choice Voucher FSS program coordinators and Housing Choice Voucher FSS homeownership coordinators. FSS coordinator support positions funded under previous FSS NOFAs that made funding available for such FSS positions may be continued. A part-time program coordinator may be retained where appropriate. 2. Threshold Requirements. a. All Applicants. (1) Each applicant must qualify as an eligible PHA under Section III.A. of this NOFA and must have submitted their FSS application by the application due date and in the format required in Section IV. of this NOFA. (2) All applications must include a Dun and Bradstreet Universal Numbering System (DUNS) number. (See Section III.C. of the General Section for further information about the DUNS number requirement.) (3) Civil Rights Thresholds, Non-discrimination, Affirmatively Furthering Fair Housing. All applicants must comply with these requirements. Please see Section III.C. of the General Section for details. Section 3 of the Housing and Urban Development Act of 1968 does not apply to this program. (4) The PHA must have a financial management system that meets federal standards. See Section III.C. of the General Section regarding those applicants that may be subject to HUD's arranging for a pre-award survey of an applicant's financial management system. (5) Applicants must comply with the requirements for funding competitions established by the HUD Reform Act of 1989 (42 U.S.C. 3531 et seq.) and other requirements as defined in the General Section. b. Renewal Applicants. (1) Continued funding for existing coordinator positions. In addition to meeting the requirements of Section III.A.of this FSS NOFA, renewal PHA applicants must continue to operate a Housing Choice Voucher FSS program, have filled eligible FSS program coordinator positions for which they are seeking renewal funding, executed FSS contracts of participation with Housing Choice Voucher FSS program families and submitted reports on participant families to HUD via the form HUD-50058. (2) New position. Renewal PHAs applying for an additional Housing Choice Voucher FSS Homeownership Coordinator must meet all requirements in Section III.A. and III.C.2.a and b. above, and must administer or participate in a qualifying homeownership program that serves Housing Choice Voucher FSS program participants or graduates. Qualifying homeownership programs include the Housing Choice Voucher program homeownership option and other programs, which may be administer by the PHA or another entity, that prepare Housing Choice Voucher program FSS participants for making the transition from rental to homeownership. c. New Applicants. New applicants must meet the requirements of Section III.A. and Section III C.2.a of this FSS NOFA. 3. Program Requirements. a. Salary Comparables. For all positions requested under this NOFA, evidence of salary comparability to similar positions in the local jurisdiction must be kept on file in the PHA office. b. FSS Action Plan. The requirements for the FSS Action Plan are stated in 24 CFR 984.201. For a new PHA applicant to qualify for funding under this NOFA, the PHA's initial FSS Action Plan or amendment to change the number of Housing Choice Voucher FSS slots in the PHA's previously HUD-approved FSS Action Plan, must be submitted to and approved by the PHA's local HUD field office prior to the application due date of this FSS NOFA. An FSS Action Plan can be updated by means of a simple one-page addendum that reflects the total number of Housing Choice Voucher FSS slots (voluntary and /or mandatory slots) the PHA intends to fill. New PHA applicants with previously approved Housing Choice Voucher FSS Action Plans may wish to confirm the number of HUD- approved slots their local HUD field office has on record for the PHA. A MTW PHA may request that the number of FSS slots reflected in its MTW agreement be used instead of the number of slots in the PHA's FSS Action Plan. c. Colonias Preference. New applicant PHAs claiming the Colonias preference must meet the requirements of Section III.A. and Section III.C.2.a and III.C.2.c. of this FSS NOFA and must operate in a Southwest border area that contains Colonia communities and administer programs that include outreach to members of those Colonia communities. Attachment A of this NOFA provides a listing of PHAs in Arizona, California, New Mexico, and Texas that HUD has identified as operating in areas containing Colonia communities. PHAs not listed in Attachment A that are claiming the Colonias preference will be required to include in their application submission a written request that HUD determine their eligibility for the preference. d. Homeownership Preferences. See priority funding categories in Section V.B.2. of this FSS NOFA. e. Troubled PHAs. A PHA whose SEMAP troubled designation has not been removed by HUD or that has major program management findings or other significant program compliance problems that have not been resolved by the application due date, may apply if the PHA submits an application that designates another organization or entity that is acceptable to HUD that: (1) Includes an agreement by the other organization or entity to administer the FSS program on behalf of the PHA; and (2) In the instance of a PHA with unresolved major program management findings, includes a statement that outlines the steps the PHA is taking to resolve the program findings. Immediately after the publication of this NOFA, the Office of Public Housing in the local HUD field office will notify, in writing, those PHAs that have been designated by HUD as troubled under SEMAP, and those PHAs with unresolved major program management findings or other significant program compliance problems that are not eligible to apply without such an agreement. Concurrently, the local HUD field office will provide a copy of each such written notification to the Director of the Grants Management Center. f. Conducting Business in Accordance with Core Values and Ethical Standards. To reflect core values, all PHAs shall develop and maintain a written code of conduct in the PHA administrative plan that: (1) Requires compliance with the conflict of interest requirements of the Housing Choice Voucher Program at 24 CFR 982.161; and (2) Prohibits the solicitation or acceptance of gifts or gratuities, in excess of a nominal value, by any officer or employee of the PHA, or any contractor, subcontractor, or agent of the PHA. The PHA's administrative plan shall state PHA policies concerning PHA administrative and disciplinary remedies for violation of the PHA code of conduct. The PHA shall inform all officers, employees, and agents of its organization of the PHA's code of conduct. IV. Application and Submission Information A. Addresses to Request Application Package 1. Web site. A copy of this funding announcement for the Housing Choice [[Page 14004]] Voucher FSS Program may be downloaded from the following web site: http://www.grants.gov. 2. Application Kit. There is no application kit for this NOFA. This announcement contains all the information necessary for the submission of your application for Housing Choice Voucher FSS program coordinator funding. 3. Further Information. You may request general information, copies of the General Section and of a Program NOFA or NOFAs, from the NOFA Information Center (800-HUD-8929) or 800-HUD-2209 (TTY) between the hours of 10 a.m. and 6:30 p.m. (Eastern Time) Monday through Friday, except on federal holidays. When requesting information, please refer to the name of the program you are interested in. The NOFA Information Center opens for business simultaneously with the publication of the SuperNOFA. You can also obtain information on this NOFA and download application information for this NOFA through the web site, http://www.grants.gov. 4. Technical Assistance. See Section VII. of this FSS funding announcement. B. Content and Form of Application Submission 1. Content of Application. Each new and renewal PHA must complete the form SF-424, the SF-LLL, if appropriate, and the Form HUD-52651, the new FSS application form. In addition, the application must include a completed Logic Model (from HUD 96010) showing proposed performance measures. See the General Section for information on, and a copy of, the Logic Model. A copy of the HUD-52651 follows immediately after Attachment A of this NOFA. In completing the SF-424, renewal PHAs should select the continuation box on question 8, type of application. Both new and renewal PHA applicants should enter the proposed Annual Contributions Contract (ACC) amendment effective and ending dates for the FSS coordinator funding in 13 of the SF-424. In section 15 of SF- 424, estimated funding, complete only 15.a., which will be the amount requested from HUD in the FY2005 FSS application, and 15.g., Total. 2. Forms, Certifications, and Assurances. See section IV.B. of the General Section. C. Submission Date and Time Your completed application must be submitted and received by Grants.gov no later than 11:59:59 p.m. eastern time on the application submission date of May 20, 2005. Applicants should carefully read the section titled ``APPLICATION and SUBMISSION INFORMATION'' in part IV. of the General Section regarding HUD's procedures pertinent to the submission of your application as they have changed significantly this year. D. Intergovernmental Review Applicants submitting applications under this funding announcement are not subject to intergovernmental review; i.e., Executive Order (EO) 12372, Intergovernmental Review of Federal Program. E. Funding Restrictions 1. Salary Cap. Awards under this NOFA are subject to a cap of $63,000 per year per full time coordinator position funded. Under this NOFA, if PHAs apply jointly, the $63,000 maximum amount that may be requested per position applies to up to one full time coordinator position for the application as a whole, not to each PHA separately. 2. Limitation on Renewal Funding Increases. For renewal coordinator positions, PHAs will be limited to a one percent increase above the amount of the most recent award for the position unless a higher increase is approved by the local HUD field office after review of the PHA's written justification and at least three comparables that must be submitted to the field office by the PHA at the time they submit their FY2005 Housing Choice Voucher FSS Program Coordinator application to HUD. Examples of acceptable reasons for increases above one percent would be need for a coordinator with higher level of skills or to increase the hours of a part time coordinator to full time. Total positions funded cannot exceed the maximum number of positions for which the PHA is eligible under this NOFA. 3. Ineligible Activities. a. Funds under this NOFA may not be used to pay the salary of an FSS coordinator for a public housing FSS program. A Housing Choice Voucher FSS program coordinator may only serve Housing Choice Voucher families while the public housing FSS program serves only public housing residents. In FY2005, funding for public housing FSS program coordinators is being made available through the Public Housing Resident Opportunities and Self-Sufficiency (ROSS) NOFA for Public Housing FSS Program Coordinators that is included in the FY2005 SuperNOFA. b. Funds under this FSS NOFA may not be used to pay for services for FSS program participants. F. Other Submission Requirements 1. Application Submission and Receipt Procedures. See IV.F of the General Section. Electronic application submission is mandatory unless an applicant requests, and is granted, a waiver to the requirement. Procedures for obtaining a waiver are contained in Section IV.F of the General Section. V. Application Review Information A. Criteria. The funds available under this NOFA are being awarded based on demonstrated performance. Applications are reviewed by the local HUD field office and GMC to determine whether or not they are technically adequate based on the NOFA requirements. Field offices will provide to the GMC in a timely manner, as requested, information needed by the GMC to make its determination, such as the HUD-approved Housing Choice Voucher FSS program size of new PHA applicants and information on the administrative capabilities of PHAs. Categories of applications that will not be funded are stated in Section V.B.6. of this FSS NOFA. B. Reviews and Selection Process. 1. Technically Acceptable Applications. All technically adequate applications will be funded to the extent funds are available. 2. Funding Priority Categories. If HUD receives applications for funding greater than the amount made available under this NOFA, HUD will divide eligible applications into priority categories as follows: Funding Category 1--Applications from eligible renewal PHAs with qualifying homeownership programs for continuation of previously funded eligible positions where the PHA has hired the funded FSS and homeownership coordinators and the PHA can demonstrate that a minimum of five (5) Housing Choice Voucher FSS program participants or graduates purchased homes between October 1, 2000 and the application due date of this FSS NOFA (that can be confirmed by homeownership information in the PIC data base from form HUD-50058) or as otherwise reported for Moving to Work (MTW) homeownership. For purposes of Category 1 applicants only, eligible renewal PHAs also include PHAs that received FSS funding in FY 2003. Funding Category 2--Eligible renewal PHAs with qualifying homeownership programs for continuation of previously funded eligible positions where the PHA has hired funded coordinators and completed one of the following: (a) As of the application due date of this FSS [[Page 14005]] NOFA, has successfully enrolled a minimum of twenty-five (25) Housing Choice Voucher FSS families into homeownership preparation activities, including homeownership counseling; or (b) Between October 1, 2000 and the application due date of this FSS NOFA, a minimum of one (1) Housing Choice Voucher FSS family completed purchase of a home as reported in the PIC data base or as otherwise reported for MTW homeownership closings. Funding Category 3--Applications from eligible new applicant PHAs that wish to initiate an FSS homeownership program that serves Housing Choice Voucher families. Those PHAs with documented home purchases by Housing Choice Voucher program participants and graduates and PHAs qualifying for the Colonias preference will receive preference. Funding Category 4--Applications from eligible renewal PHAs with qualifying homeownership programs that request funding for an additional Housing Choice Voucher FSS homeownership position to expand their FSS homeownership programs provided the applicant can document that a minimum of ten (10) Housing Choice Voucher FSS participants or graduates completed purchases of homes between October 1, 2000 and the application due date of this FSS NOFA. Funding Category 5--Applications from new applicant PHAs that have an existing Housing Choice Voucher FSS program and can demonstrate they have a minimum of ten (10) Housing Choice Voucher FSS families with existing positive escrow balances as of the application due date of the FSS NOFA or have had a minimum of 20 families that have graduated from the Housing Choice Voucher FSS program between October 1, 2000 and the application due date of this FSS NOFA. 3. Order of Funding. Starting with Funding Category 1, HUD will first determine whether there are sufficient monies to fund all eligible positions requested in the funding category. If available funding is not sufficient to fund all positions requested in the category, HUD will fund applications in the following order: (a) Funding Category 1. HUD will calculate for each eligible applicant, the PHA's FSS Homeownership Percentage and Positive Escrow Percentage and will use these percentages in making funding decisions. Definitions and a description of the calculation of the FSS Homeownership Percentage and the Positive Escrow Percentage are included in Section I.C. of this NOFA. HUD will begin funding eligible Funding Category 1 applicants starting with the PHAs with the highest FSS Homeownership Percentage first. If monies are not sufficient to fund all applicants with the same FSS Homeownership Percentage, HUD will fund eligible applicants in order starting with those that have the highest Positive Escrow Percentage first. If funding is not sufficient to fund all applicants with the same FSS Homeownership Percentage and/or Positive Escrow Percentage, HUD will select among eligible applicants by Housing Choice Voucher program size starting with eligible applicants with the smallest Housing Choice Voucher program size first. (b) Funding Category 2. If funding remains after funding all Funding Category 1 applications, HUD will then process eligible Funding Category 2 applications. HUD will calculate the FSS Homeownership Percentage and Positive Escrow Percentage for Funding Category 2 applicants as it did for Funding Category 1 applicants. If there are not sufficient monies to fund all Funding Category 2 applications, HUD will begin funding Funding Category 2 applications starting with applicants with the highest FSS Homeownership Percentage first. If there is not enough funding for all applicants with the same FSS Homeownership Percentage, HUD will use Positive Escrow Percentage to determine selection order, starting with applicants with the highest Positive Escrow Percentage. If monies are not sufficient to fund all applicants with the same FSS Homeownership Percentage and Positive Escrow Percentage, HUD will select eligible applicants by Housing Choice Voucher program size starting with eligible applicants with the smallest Housing Choice Voucher program size first. (c) Funding Category 3. If funding remains after funding all Funding Category 1 and 2 applications, HUD will then process requests of eligible Funding Category 3 applicant PHAs. HUD will first calculate the Housing Choice Voucher Program Home Purchase Percentage for all eligible Funding Category 3 applicants. This percentage is the number of documented home purchases by Housing Choice Voucher program participants and graduates for the period from October 1, 2000 through the application due date of this NOFA as a percentage of the applicant's Housing Voucher Program size. If there are not sufficient monies to fund all eligible positions requested, HUD will begin funding positions starting with PHAs eligible for the Colonias preference, starting with PHAs with the smallest Housing Choice Voucher program size first. If monies are still available, HUD will begin funding Category 3 applications from PHAs with the highest Housing Choice Voucher Program Home Purchase Percentage first. If there are not sufficient monies to fund all applications with the same percentage of documented home purchases, HUD will select eligible applicants in order by Housing Choice Voucher program size starting with eligible applicants with the smallest Housing Choice Voucher program size first. (d) Funding Category 4. If funds remain after funding all Category 1 through 3 applicants have been funded, HUD will then process applications from eligible renewal applicants that have requested funding for an additional FSS coordinator position to support Housing Choice Voucher FSS homeownership activities. If there are not sufficient monies to fund all eligible positions requested, HUD will use the FSS Homeownership Percentage and the Positive Escrow Percentage that has been calculated for these PHAs and will begin funding eligible applications starting with applicants with the highest FSS Homeownership Percentage first. If monies are not sufficient to fund all applicants with the same FSS Homeownership Percentage, HUD will use Positive Escrow Percentage to determine selection order, starting with applicants with the highest Positive Escrow Percentage. If monies are not sufficient to fund all applicants with the same FSS Homeownership Percentage and Positive Escrow Percentage, HUD will select eligible applicants by Housing Choice Voucher program size starting with eligible applicants with the smallest Housing Choice Voucher program size first. (e) Funding Category 5. If funding remains after funding all Funding Category 1 through 4 applicants, HUD will then process applications from eligible Funding Category 5 applicants for an initial coordinator position. If there are not sufficient monies to fund all eligible Category 5 applicants, HUD will first fund applications from eligible Funding Category 5 applicants that qualify for the Colonias preference starting with the smallest Housing Choice Voucher programs first. If funding remains, HUD will calculate the Positive Escrow Percentage for all remaining Category 5 applications and will begin funding Category 5 applications starting with applicants with the highest Positive Escrow Percentage first. If monies are not sufficient to fund all applicants with the same Positive Escrow Percentage, HUD will select eligible applicants by Housing Choice Voucher program size [[Page 14006]] starting with eligible applicants with the smallest Housing Choice Voucher program size first. (f) Remaining Funds. If any funding remains, HUD will calculate the FSS Homeownership Percentage and Positive Escrow Percentage for all remaining eligible applicants and will begin funding any remaining eligible applications starting with those with the highest FSS Homeownership Percentage first. If funding remains, HUD will then begin funding any remaining unfunded applications starting with those with the highest positive escrow percentage. 4. Based on the number of applications submitted, the GMC may elect not to process applications for a funding priority category where it is apparent that there are insufficient funds available to fund any applications within the priority category. 5. Corrections to Deficient Applications. a. The General Section of the NOFA provides the procedures for corrections to deficient applications. An example of a correctable technical deficiency includes, but is not limited to: submission of a Form SF-424 or FSS application Form HUD-52651 with missing information. 6. Unacceptable Applications. After the technical deficiency correction period (as provided in the General Section), the GMC will disapprove PHA applications that it determines are not acceptable for processing. Applications from PHAs that fall into any of the following categories are ineligible for funding under this NOFA and will not be processed: a. An application submitted by an entity that is not an eligible PHA as defined under Section III.A. and Section III.C. of this FSS NOFA or an application that does not comply with the requirements of Section IV.B. IV.C. and IV.F. of this FSS NOFA. b. An application from a PHA that does not meet the fair housing and civil rights compliance requirements of the General Section of the NOFA. c. An application from a PHA that does not comply with the prohibition against lobbying activities of this NOFA. d. An application from a PHA that as of the application due date has not made progress satisfactory to HUD in resolving serious outstanding Inspector General audit findings, or serious outstanding HUD management review or IPA audit findings for the Housing Choice Voucher program and/or Moderate Rehabilitation program or a ``troubled'' rating under SEMAP, and has not designated another organization acceptable to HUD to administer the FSS program on behalf of the PHA as required in Section III.C.3.e. of this FSS NOFA. e. An application from a PHA that has been debarred or otherwise disqualified from providing assistance under the program. f. An application that did not meet the application due date and timely receipt requirements as specified in this NOFA and the General Section. g. Applications will not be funded which do not meet the Threshold requirements identified in this NOFA and the General Section. C. Anticipated Announcement and Award Dates. It is anticipated the announcement of Housing Choice Voucher FSS program coordinator awards will take place during either the months of July or August 2005. VI. Award Administration Information A. Award Notices. Successful applicants will receive an award letter from HUD. Funding will be provided to successful applicants as an amendment to the Annual Contributions Contract (ACC) of the applicant PHA. In the case of awards to joint applicants, the funding will be provided as an amendment to the ACC of the lead PHA that was identified in the application. Unsuccessful applicants will receive a notification of rejection letter from that GMC that will state the basis for the decision. The applicant may request an applicant debriefing. Beginning not less than 30 days after the awards for assistance are publicly announced in the Federal Register and for at least 120 days after awards for assistance are announced publicly, HUD will, upon receiving a written request, provide a debriefing to the requesting applicant. (See Section VI.A. of the General Section for additional information regarding a debriefing.) Applicants requesting to be debriefed must send a written request to: Iredia Hutchinson, Director; Grants Management Center; U. S. Department of Housing and Urban Development, 501 School Street, SW., Suite 800; Washington, DC 20024. B. Administrative and National Policy Requirements. 1. Environmental Impact. No environmental review is required in connection with the award of assistance under this NOFA, because the NOFA only provides funds for employing a coordinator that provides public and supportive services, which are categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and not subject to compliance actions for related environmental authorities under 24 CFR 50.19(b)(4) and (12). 2. HUD's Strategic Goals. HUD is committed to ensuring that programs result in the achievement of HUD's strategic mission. The FSS program and this FSS NOFA support the Department's strategic goals of increasing homeownership activities and helping HUD-assisted renters make progress toward self-sufficiency by giving funding preference to PHAs whose FSS programs show success in moving families to self- sufficiency and homeownership. You can find out about HUD's Strategic Framework and Annual Performance Plan at http://www.hud.gov/offices/cfo/reports/cforept.cfm. 3. HUD Policy Priorities. This NOFA supports the HUD policy priority of providing increased homeownership opportunities to program participants. In this NOFA, funding priority is given to those PHA applicants that demonstrate that their FSS families have participated in homeownership programs. See Section V.B. of the General Section for a full discussion of HUD's policy priorities. C. Reporting. Successful applicants must report activities of their FSS enrollment, progress and exit activities of their FSS program participants through required submissions of the Form HUD-50058. HUD's assessment of the accomplishments of the FSS programs of PHAs funded under this NOFA will be based primarily on Public Housing Information Center (PIC) system data obtained from the Form HUD-50058. MTW PHAs that do not report to HUD on the Form HUD-50058 will be asked to submit an annual report to HUD with the same information on FSS program activities that is provided to HUD by non-MTW PHAs via the Form HUD- 50058. An applicant is also required to submit a completed Logic Model showing accomplishments against proposed outputs and outcomes as part of their annual reporting requirement to HUD. In addition, HUD requires that funded recipients collect racial and ethnic beneficiary data. It has adopted the Office of Management and Budget's Standards for the Collection of Racial and Ethnic Data. In view of these requirements, funded recipients should use Form HUD-27061, Racial and Ethnic Data Reporting Form (found on http://www.HUDclips.org), a comparable program form, or a comparable electronic data system for this purpose. VII. Agency Contacts A. For Technical Assistance. For answers to your questions, you may contact the Public and Indian Housing Resource Center at 800-955-2232. [[Page 14007]] Persons with hearing or speech impairments may access this number via TTY (text telephone) by calling the Federal Information Relay Service at 800-877-8339. (These are toll-free numbers). Prior to the application deadline, staff at the numbers given above will be available to provide general guidance, but not guidance in actually preparing the application. Following selection, but prior to award, HUD staff will be available to assist in clarifying or confirming information that is a prerequisite to the offer of an award by HUD. B. Satellite Broadcast. HUD will hold an information broadcast via satellite for potential applicants to learn more about the Housing Choice Voucher FSS program and preparation of an application. For more information about the date and time of this broadcast, you should consult the HUD web site at http://www.hud.gov. VIII. Other Information A. Paperwork Reduction Act: The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2577-0178. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average one hour per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application and other required reporting. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. B. Public Access, Documentation, and Disclosure. See Section VIII. F. of the General Section. [[Page 14008]] [GRAPHIC] [TIFF OMITTED] TN21MR05.178 [[Page 14009]] [GRAPHIC] [TIFF OMITTED] TN21MR05.179 [[Page 14010]] [GRAPHIC] [TIFF OMITTED] TN21MR05.180 [[Page 14011]] [GRAPHIC] [TIFF OMITTED] TN21MR05.181 [[Page 14012]] [GRAPHIC] [TIFF OMITTED] TN21MR05.182 [[Page 14013]] Rural Housing and Economic Development Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Community Planning and Development, Office of Rural Housing and Economic Development. B. Funding Opportunity Title: Rural Housing and Economic Development (RHED) program. C. Announcement Type: Initial Announcement. D. Funding Opportunity Number: The Federal Register number is FR- 4950-N-34. The OMB approval number is 2506-0169. E. Catalog of Federal Domestic Assistance (CFDA) Number: Rural Housing and Economic Development. The CDFA number is 14.250. F. Application Due Date: The application submission date is May 17, 2005. G. Optional Additional Overview Information: 1. The purpose of the Rural Housing and Economic Development program is to build capacity at the state and local level for rural housing and economic development and to support innovative housing and economic development activities in rural areas. The funds made available under this program will be awarded competitively through a selection process conducted by HUD in accordance with the HUD Reform Act. Full Text of Announcement I. Funding Opportunity Description A. Background There has been a growing national recognition of the need to enhance the capacity of local rural nonprofit organizations, community development corporations, federally recognized Indian tribes, state housing finance agencies (HFAs) and state economic development and community development agencies to expand the supply of affordable housing and to engage in economic development activities in rural areas. A number of resources are available from the federal government to address these problems, including programs of the United States Department of Agriculture (USDA), the Economic Development Administration (EDA), the Appalachian Regional Commission (ARC), the Department of Interior (for Indian tribes), and HUD. The Rural Housing and Economic Development program was developed to supplement these resources and to focus specifically on capacity building and promoting innovative approaches to housing and economic development in rural areas. In administering these funds, HUD encourages you to coordinate your activities with those supported by any of the agencies listed above. B. Definitions 1. Appalachia's Distressed Counties means those counties in Appalachia that the Appalachian Regional Commission (ARC) has determined to have unemployment and poverty rates that are 150 percent of the respective U.S. rates and a per capita income that is less than 67 percent of the U.S. per capita income, and have counties with 200 percent of the U.S. poverty rate and one other indicator, such as the percentage of overcrowded housing. Refer to www.arc.gov for a list of ARC distressed counties and more information. 2. Colonia means any identifiable, rural community that: a. Is located in the state of Arizona, California, New Mexico, or Texas; b. Is within 150 miles of the border between the U.S. and Mexico; and c. Is determined to be a Colonia on the basis of objective need criteria, including a lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, sanitary, and accessible housing. 3. Farm Worker means a farm employee of an owner, tenant, labor contractor, or other operator raising or harvesting agricultural or aquacultural commodities; or a worker in the employment of a farm operator, handling, planting, drying, packing, grading, storing, delivering to storage or market, or carrying to market agricultural or aquacultural commodities produced by the operator. Seasonal farm workers are those farm employees who typically do not have a constant year-round salary. 4. Firm Commitment means a letter of commitment from a partner by which an applicant's partner agrees to perform an activity specified in the application, demonstrates the financial capacity to deliver the resources necessary to carry out the activity and commits the resources to the activity, either in cash or through in-kind contributions. It is irrevocable, subject only to approval and receipt of a FY2005 Rural Housing and Economic Development grant. Each letter of commitment must include the organization's name and applicant's name, reference the Rural Housing and Economic Development program, and describe the proposed total level of commitment and responsibilities, expressed in dollar value for cash or in-kind contributions, as they relate to the proposed program. The commitment must be written on the letterhead of the participating organization, must be signed by an official of the organization legally able to make commitments on behalf of the organization, and must be dated no earlier than the date of publication of this NOFA. In documenting a firm commitment, the applicant's partner must: a. Specify the authority by which the commitment is made, the amount of the commitment, the proposed use of funds, and the relationship of the commitment to the proposed investment. If the committed activity is to be self-financed, the applicant's partner must demonstrate its financial capability through a corporate or personal financial statement or other appropriate means. If any portion of the activity is to be financed through a lending institution, the participant must provide evidence of the institution's commitment to fund the loan; b. Affirm that the firm commitment is contingent only upon the receipt of FY2005 Rural Housing and Economic Development funds and state a willingness on the part of the signatory to sign a legally binding agreement (conditioned upon HUD's environmental review and approval of a property where applicable) upon award of the grant. 5. Federally Recognized Indian tribe means any tribal entity eligible to apply for funding and services from the Bureau of Indian Affairs by virtue of its status as an Indian tribe. The list of federally recognized Indian tribes can be found in the notice published by the Department of the Interior on December 5, 2003 (68 FR 68180) and is also available from HUD. 6. Innovative Housing Activities means projects, techniques, methods, combinations of assistance, construction materials, energy efficiency improvements, or financing institutions or sources new to the eligible area or to its population. The innovative activities can also build upon and enhance a model that already exists. 7. Local Rural Nonprofit Organization or Community Development Corporation means either of the following: a. Any private entity with tax-exempt status recognized by the Internal Revenue Service (IRS) which serves the eligible rural area identified in the application (including a local affiliate of a national organization that provides technical and capacity building assistance in rural areas); or b. Any public nonprofit entity such as a Council of Governments that will serve specific local nonprofit organizations in the eligible area. [[Page 14014]] 8. Lower Mississippi Delta Region means the eight-state, 240- county/parish region defined by Congress in the Lower Mississippi Delta Development Act, Public Law 100-460. Refer to www.dra.gov for more information. 9. Eligible Rural Area means one of the following: a. A non-urban place having fewer than 2,500 inhabitants (within or outside of metropolitan areas). b. A county or parish with an urban population of 20,000 inhabitants or less. c. Territory, including its persons and housing units, in the rural portions of ``extended cities.'' The U.S. Census Bureau identifies the rural portions of extended cities. d. Open country that is not part of or associated with an urban area. The USDA describes ``open country'' as a site separated by open space from any adjacent densely populated urban area. Open space includes undeveloped land, agricultural land, or sparsely settled areas, but does not include physical barriers (such as rivers and canals), public parks, commercial and industrial developments, small areas reserved for recreational purposes, or open space set aside for future development. e. Any place with a population not in excess of 20,000 and not located in a Metropolitan Statistical Area. 10. State Community and/or Economic Development Agency means any state agency that has promotion of economic development statewide or in a local community as its primary purpose. 11. State Housing Finance Agency means any state agency created to assist local communities and housing providers with financing assistance for development of housing in rural areas, particularly for low- and moderate-income people. II. Award Information A. Amount Allocated 1. Available Funds. Approximately $24 million in Fiscal Year (FY) 2005 funding (plus any additional funds available through recapture) are being made available through this NOFA. 2. Funding Categories and Maximum Award Amounts. HUD will award up to approximately $24 million on a competitive basis in the following funding categories. Applicants must apply for funds in only one of the two categories: Category 1--Capacity Building, or Category 2--Support for Innovative Housing and Economic Development Activities. a. Category 1: Capacity Building. HUD will award up to approximately $10 million to applicants for capacity building activities. This amount will go directly to local rural nonprofit organizations or community development corporations or federally recognized Indian tribes to increase an organization's capacity to support innovative housing and economic development activities. The maximum amount awarded to a successful applicant in this category will be $150,000. b. Category 2: Support for Innovative Housing and Economic Development Activities. HUD will award up to approximately $14 million to federally recognized Indian tribes, state housing finance agencies (HFAs), state community and/or economic development agencies, local rural nonprofit organizations or community development corporations to support innovative housing and economic development activities in rural areas throughout the nation. The maximum amount awarded to a successful applicant in this category will be $400,000. B. Grant Amount In the event, you, the applicant, are awarded a grant that has been reduced (e.g., the application contained some activities that were ineligible or budget information did not support the request), you will be required to modify your project plans and application to conform to the terms of HUD's approval before execution of the grant agreement. HUD reserves the right to reduce or de-obligate the award if suitable modifications to the proposed project are not submitted by the awardee within 90 days of the request. Any modifications must be within the scope of the original application. HUD reserves the right to not make awards under this NOFA. C. Grant Period Recipients will have 36 months from the date of the executed grant agreement to complete all project activities. D. Notification of Approval or Disapproval HUD will notify you whether or not you have been selected for an award. If you are selected, HUD's notice to you concerning the amount of the grant award (based on the approved application) will constitute HUD's conditional approval, subject to negotiation and execution of a grant agreement by HUD. III. Eligibility Information A. Eligible Applicants Eligible applicants for the Rural Housing and Economic Development program are local rural nonprofit organizations and community development corporations, federally recognized Indian tribes, state housing finance agencies and state community and/or economic development agencies. Also, you must meet all of the applicable eligibility requirements described in Section III.C of the General Section. Eligible applicants for each of the funding categories are as follows: 1. For Capacity Building Funding. If you are a local rural nonprofit, including grassroots, faith-based and other community-based grassroots organization, community development corporation, or federally recognized Indian tribe, you are eligible for capacity building funding to carry out innovative housing and economic development activities that should lead to an applicant becoming self- sustaining in the future. 2. For Support for Innovative Housing and Economic Development Activities Funding. If you are a local rural nonprofit organizations, including grassroots, faith-based and other community-based grassroots organization, community development corporation, federally recognized Indian tribe, state HFA, or state economic development or community development agency, you may apply for funding to support innovative housing and economic development activities in rural areas. B. Cost Sharing or Matching There is no match required under the Rural Housing and Economic Development program. Applicants that submit evidence of leveraging dollars under Rating Factor 4 ``Leveraging Resources'' will receive points according to the scale under that factor. C. Other 1. Eligible Activities. The following are examples of eligible activities under the Rural Housing and Economic Development program. These examples are illustrative and are not meant to limit the activities that you may propose in your application: a. For Capacity Building Funding. Capacity building for innovative Rural Housing and Economic Development involves the enhancement of existing organizations to carry out new functions or to perform existing functions more effectively. Permissible activities include, but are not limited to, the following: (1) Enhancement of existing functions or creation of new functions to provide affordable housing and economic development in rural areas; [[Page 14015]] (2) Acquisition of additional space and support facilities; (3) Salaries for additional staff needed to conduct the work, including financial management specialists, and economic development specialists; (4) Training of staff in the areas of financial management, economic development financing, housing accessibility and visitability standards, fair housing issues, and complaint filing; (5) Development of business plans to help the organization become self-sustaining; (6) Development of Management Information Systems (MISs) and software to enable better and more accurate reporting of information to HUD and to other entities; (7) Development of feasibility studies and market studies; (8) Training in energy efficiency in construction for housing and commercial projects; (9) Housing counseling services, including fair housing counseling, information on budgeting, and information on credit and available federal programs; (10) Conducting conferences or meetings with other federal or state agencies to inform residents of programs, rights, and responsibilities associated with homebuying opportunities; and (11) Arranging for technical assistance to conduct needs assessments, conduct asset inventories, and develop strategic plans. b. For Support of Innovative Housing and Economic Development Activities. This category is intended to support other costs for innovative housing and economic development activities. Permissible activities may include, but are not limited to the following: (1) Cost of using new or innovative construction, energy efficiency, or other techniques that will result in the design or construction of innovative housing and economic development projects; (2) Preparation of plans or of architectural or engineering drawings; (3) Preparation of legal documents, government paperwork, and applications necessary for construction of housing and economic development activities to occur in the jurisdiction; (4) Acquisition of land and buildings; (5) Demolition of property to permit construction or rehabilitation activities to occur; (6) Development of infrastructure to support the housing or economic development activities; (7) Purchase of construction materials; (8) Job training to support the activities of the organization; (9) Homeownership counseling, including fair housing counseling, credit counseling, budgeting, access to credit, and other federal assistance available; (10) Conducting conferences or meetings with other federal or state agencies tribes, tribally designated housing entities (TDHE) or national or regional housing organizations, to inform residents of programs, rights, and responsibilities associated with homebuying opportunities; (11) Development of feasibility studies and market studies; (12) Development of Management Information Systems (MISs) and software to enable better and more accurate reporting of information to HUD and to other entities; (13) Establishing Community Development Financial Institutions (CDFIs), lines of credit, revolving loan funds, microenterprises, and small business incubators; and (14) Provision of direct financial assistance to homeowners/ businesses/developers, etc. This can be in the form of default reserves, pooling/securitization mechanisms, loans, grants, funding existing individual development accounts or similar activities. 2. Statutory and Regulatory Requirements. To be eligible for funding under HUD NOFAs issued during FY2005, you, the applicant, must meet all statutory and regulatory requirements applicable to this NOFA as described in the General Section. HUD may also eliminate ineligible activities from funding consideration and reduce funding amounts accordingly. 3. General HUD Threshold Requirements. You must meet all threshold requirements described in the General Section. a. Ineligible Applicants. HUD will not consider an application from an ineligible applicant. b. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Recipients of assistance under this NOFA must comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for Low- and Very Low-Income Persons in Connection with Assisted Projects) and the HUD regulations at 24 CFR part 135, including the reporting requirements at subpart E. Section 3 requires recipients to ensure that, to the greatest extent feasible, training, employment, and other economic opportunities will be directed to low- and very-low income persons, particularly those who are recipients of government assistance for housing, and business concerns that provide economic opportunities to low- and very low-income persons. 4. Program-Specific Threshold Requirements. a. The application must receive a minimum rating score of 75 points to be considered for funding. b. HUD will only fund eligible applicants as defined in this NOFA under Section III.A. c. Applicants must serve an eligible rural area as defined in I. of this NOFA. d. Proposed activities must meet the objectives of the Rural Housing and Economic Development program. e. Applicants must demonstrate that their activities will continue to serve populations that are in need and that beneficiaries will have a choice of innovative housing and economic development opportunities as a result of the activities. IV. Application and Submission Information A. Address to Request Application Package This section describes how you may obtain application forms. Copies of the published Rural Housing and Economic Development NOFA and application forms may be downloaded from the Grants.gov Web site at http://www.grants.gov/Apply. The web site contains the electronic forms and the NOFA which includes forms and other attachments. The NOFA and forms is a zip file found under instructions. You may call the Grants.gov support desk at 800-518-GRANTS, or email the support desk at Grants.gov">Support@Grants.gov for assistance in downloading the application. You may request general information and paper copies of this NOFA from the NOFA Information Center (800-HUD-8929 or 800-HUD-2209 (TTY)) between the hours of 10 a.m. and 6:30 p.m. (Eastern Time) Monday through Friday, except on federal holidays. When requesting information, please refer to the name of the program you are interested in. Be sure to provide your name, address (including zip code), and telephone number (including area code). B. Content and Form of Application Submission 1. Application Submission Requirements. Be sure to read and follow the application submission requirements carefully. a. Page Numbering. All pages of the application must be numbered sequentially if you are submitting a paper copy application. For electronic application submission you should [[Page 14016]] follow the directions in the General Section. b. Application Items. Your application must contain the items listed below. (1) An abstract that must include the category under which you are applying, the dollar amount requested, the category under which you qualify for demographics of distress special factor under Rating Factor 2 ``Need and Extent of the Problem,'' which of the five definitions of the term ``rural area'' set forth in Section I B.9 of this NOFA applies to the proposed service area, and accompanying documentation as indicated on the form. (2) Table of Contents. (3) A signed SF-424 (application form). (4) SF-424 Supplement Survey on Equal Opportunity for Applicants (optional submission). (5) Facsimile Transmittal (HUD-96011). (6) Disclosure of Lobbying Activities (SF-LLL). (7) Applicant/Recipient Disclosure/Update Report (HUD-2880). (8) Client Comments and Suggestions (HUD-2994) (Optional) (9) Program Outcome Logic Model (HUD-96010). (10) A budget for all funds (federal and non-federal including HUD- 424CB and HUD 424-CBW). (11) Certification of Consistency with RC/EZ/EC-II Strategic Plan (HUD-2990), if applicable. (12) Certification of Consistency with the Consolidated Plan (HUD- 2991), if applicable. (13) Documentation of funds pledged in support of Rating Factor 4-- ``Leveraging Resources'' (which will not be counted in the 15-page limitation). Documentation must be in the form of a ``firm commitment'' as defined in Section I.B.4. of this NOFA. (14) If you are a private nonprofit organization, a copy of your organization's IRS ruling providing tax-exempt status under section 501 of the Internal Revenue Code of 1986, as amended. (15) Narrative response to Factors for Award (not to exceed 15 pages). (a) A description of your organization and assignment of responsibilities for the work to be carried out under the grant (Rating Factor 1). (b) A description of the need and extent of the problem and populations to be served (Rating Factor 2). (c) A workplan that demonstrates your soundness of approach and the clear linkage between rural housing and economic development (Rating Factor 3). In addressing this submission requirement, you must: (i) Describe the activities you propose to undertake that address the needs, which have been identified, the linkage between rural housing and economic development, as well as the specific outcomes you expect to achieve. (ii) Include a management plan that identifies the specific actions you will take to complete the proposed activities on time and a budget in the format provided that explains the uses of both federal and non- federal funds and the period of performance under the grant. (iii) Include a discussion of the process by which the work accomplished with the grant will be evaluated to determine if the objectives of the grant were met. (d) Identify the resources that will be leveraged by the amount of this grant's funding that you are requesting (Rating Factor 4). To receive the maximum number of points under Rating Factor 4 you must provide evidence of firm commitments. (e) You must describe the extent to which your program reflects a coordinated, community-based process of identifying needs and building a system to address these needs, providing program beneficiaries with outcomes that result in increased independence and empowerment, and the potential for your organization to become financially self-sustaining. You must also describe how your activities will achieve the program outcomes, as described in Rating Factor 5 (Achieving Results and Program Evaluation), namely, where applicable, the number of housing units constructed, the number of housing units rehabilitated, the number of jobs created, the number of jobs retained, the number of participants trained, the number of new businesses created and the number of existing businesses assisted, number of housing units rehabilitated that will be made available to low-to-moderate income participants, percentage change in earnings as a result of employment for those participants, the percent of trained participants who find a job, and annual estimated savings for low-income families as a result of energy efficiency improvements entered into the HUD Program Outcome Logic Model (form 96010) (Rating Factor 5). (f) The total narrative response to all factors should not exceed 15 pages and be submitted in a format that equals to 8.5 x 11-inch single sided paper, with 12 point font and double lined spacing. Please note that although submitting pages in excess of the page limit will not disqualify your application, HUD will not consider or review the information on any excess pages, which may result in a lower score or failure to meet a threshold requirement. In addition, applicants should be aware that additional pages increase the size of the application and the length of time it will take to electronically submit the document and have it electronically received by Grants.gov. Large files result in slower delivery to Grants.gov. (16) Questionnaire for HUD's Initiative on Removal of Regulatory Barriers (HUD 27300). To get the points for this policy priority, you must include the documentation or references to URLs where the information can be found. C. Submission Dates and Times 1. Electronic Application Submission. Applications for the Rural Housing and Economic Development program must be submitted and received by Grants.gov no later than 11:59:59 p.m. Eastern Time of the application submission date. Applicants are advised to allow time for transmitting their application to Grants.gov. You will receive an acknowledgement of receipt from Grants.gov when your application has been successfully received. Please see the General Section for more detailed information. 2. Paper Copy Application Submission. Applicants receiving a waiver of the mandatory electronic applications submission requirement must submit the original and required number of paper copies of the application to the United States Postal Service no later than 11:59:59 p.m. on the application submission date. No hand delivery or services other than the United States Post Office will be accepted. Applicants should be aware that large packages must be taken to a Post Office for delivery. The United States Postal Service in many areas of the country no longer will deliver large packages that are dropped in a mailbox for delivery. Applicants are advised to carefully read the application submission and timely receipt requirements in the General Section as they have changed from previous years. 3. Only one application will be accepted from any given organization. If more than one application is submitted electronically, the last application submitted prior to the due date and time will be the one reviewed by HUD. HUD will not accept application addendums after the deadline unless HUD has specifically asked the applicant for a correction to a technical deficiency in the application. Responses to technical deficiencies must be received by HUD within the time allocated to cure the deficiency. Corrections to technical deficiencies are submitted directly to [[Page 14017]] HUD in accordance with the information provided by the program office in their cure notification. ---------------------------------------------------------------------------------------------------------------- What to submit Required content Required form or format When to submit it ---------------------------------------------------------------------------------------------------------------- Application: Abstract........................ May 20, 2005. Application Form................ SF-424, SF 424 Supplement. Budget information.............. (Per required form).... HUD-CB, HUD-CBW........ Rating Factors: Narrative....... Described in Section V. of this announcement. Disclosure Update............... HUD-2880............... Disclosure of Lobby............. SF-LLL................. Facsimile Transmittal........... HUD-96011.............. Certification of RC/EZ/EC-II.... HUD-2990............... Certification of Consistency HUD 2991............... with Consolidated Plan. Comments and Suggestions........ HUD-2994............... Program Outcome Logic Model..... HUD-96010.............. Questionnaire for HUD's Initiative HUD-27300.............. on Removal of Regulatory Barriers. ---------------------------------------------------------------------------------------------------------------- D. Intergovernmental Agency Review Intergovernmental agency review is not required for this program. E. Funding Restrictions 1. Administrative Costs. Administrative costs for assistance under the Rural Housing and Economic Development program may not exceed 15 percent of the total HUD Rural Housing and Economic Development grant award. 2. Multiple Capacity Building Grants. If you have received two or more Rural Housing and Economic Development grants for capacity building since 1999, you are not eligible to apply under Category 1: Capacity Building. 3. Ineligible Activities. RHED funds cannot be used for the following activities: a. Income payments to subsidize individuals or families; b. Political activities; c. General governmental expenses other than expenses related to the administrative cost of the grant; or d. Projects or activities intended for personal gain or private use. HUD reserves the right to reduce or deobligate the award if suitable modifications to the proposed project are not submitted by the awardee within 90 days of the request. Any modification must be within the scope of the original application. HUD reserves the right not to make awards under this NOFA. F. Other Submission Requirements. Carefully review the procedures presented in Section IV of the General Section. During FY 2005, HUD will only accept electronic applications submitted through www.grants.gov unless the applicant has received a waiver from the Department. Please see the General Section for detailed instructions and timelines for requesting a waiver of this requirement. Applicants receiving a waiver of the electronic submission requirement should send an original and two copies of the application to Department of Housing and Urban Development, Office of Community Planning and Development, Attn: Office of Rural Housing and Economic Development, Processing and Control Unit (Room 7251), 451 Seventh Street, SW., Washington, DC 20410-7000. V. Application Review Information A. Criteria. Carefully review all the Application Review procedures in Section V of the General Section. In addition, the following Rating Factors will be used to review, evaluate, and rate your application. 1. Rating Factor 1--Capacity of the Applicant and Relevant Organizational Experience (25 points). This rating factor addresses the extent to which you have the organizational resources necessary to successfully implement your proposed work plan, as further described in Rating Factor 3, within the 36-month award period. a. Rating standards applicable to individual funding categories. The two funding categories have different objectives. Accordingly, in addition to the generally applicable rating standard discussed above, the different standards discussed below will be used to judge the experience and qualifications of the applicants for each of the two funding categories. HUD fully supports emerging organizations that desire to develop internal capacity. Therefore, the following categories will be evaluated: (1) For Capacity Building applications (25 points). Team members, composition, experience, organizational structure, and management capacity. Your response to this sub-factor should clearly state the need that your organization will address with the requested assistance. In addition, you should describe how the enhanced capacity realized through the assistance will fulfill that need. HUD will evaluate the experience (including its recentness and relevancy) of your project director, core staff, and any outside consultant, contractor, subrecipient, or project partner as it relates to innovative housing and economic development and to the implementation of the activities in your workplan. HUD also will assess the services that consultants or other parties will provide to fill gaps in your staffing structure to enable you to carry out the proposed workplan; the experience of your project director in managing projects of similar size, scope, and dollar amount; the lines of authority and procedures that you have in place for ensuring that workplan goals and objectives are being met, that consultants and other project partners are performing as planned, and that beneficiaries are being adequately served. In responding to this sub-factor, please indicate how the capacity building assistance will strengthen or otherwise affect your organization's current housing or economic development program portfolio or, if you are a new grantee, how the capacity assistance will ensure that you can carry out your proposed activities. In judging your response to this factor, HUD will only consider work experience gained within the last three years. When responding, please be sure to provide the dates, job titles and relevancy of the past experience to work to be undertaken by the employee or contractor under your Rural Housing and Economic Development program application. Failure to provide dates results in HUD assuming that the experience is earlier than the last three [[Page 14018]] years, and could result in a lower rating for the response. The more recent, relevant, and successful the experience of your team members is in relationship to the workplan activities, the greater the number of points you will receive. (2) For Support for Innovative Rural Housing and Economic Development Activities applications: (a) Team members, composition, and experience (10 points). HUD will evaluate the experience (including its recentness and relevancy) of your project director, core staff, and any outside consultant, contractor, subrecipient, or project partner as it relates to innovative housing and economic development and to the implementation of the activities in your workplan. HUD also will assess the services that consultants or other parties will provide to fill gaps in your staffing structure to enable you to carry out the proposed workplan; the experience of your project director in managing projects of similar size, scope, and dollar amount; the lines of authority and procedures that you have in place for ensuring that workplan goals and objectives are being met, that consultants and other project partners are performing as planned, and that beneficiaries are being adequately served. In judging your response to this factor, HUD will only consider work experience gained within the last seven years. When responding, please be sure to provide the dates, job titles and relevancy of the past experience to work to be undertaken by the employee or contractor under your proposed Rural Housing and Economic Development award. The more recent, relevant, and successful the experience of your team members are in relationship to the workplan activities, the greater the number of points that you will receive. (b) Organizational structure and management capacity (5 points). HUD will evaluate the extent to which you can demonstrate your organization's ability to manage a workforce composed of full-time or part-time staff, as well as any consultant staff, and your ability to work with community-based groups or organizations in resolving issues related to affordable housing and economic development. In evaluating this subfactor, HUD will take into account your experience in working with community-based organizations to design and implement programs that address the identified housing and economic development issues. The more recent, relevant, and successful the experience of your organization and any participating entity, the greater the number of points you will receive. (c) Experience with performance based funding requirements (10 points). HUD will evaluate your performance in any previous grant program undertaken with HUD funds or other federal, state, local, or nonprofit or for-profit organization funds. In assessing points for this sub-factor, HUD reserves the right to take into account your past performance in meeting performance and reporting goals for any previous HUD award, in particular whether the program achieved its outcomes. HUD will deduct one point for each of the following activities related to previous HUD grant programs for which unsatisfactory performance has been verified: (1) mismanagement of funds, including the inability to account for funds appropriately; (2) untimely use of funds received either from HUD or other federal, state, or local programs; and (3) significant and consistent failure to measure performance outcomes. Among the specific outcomes to be measured are the increases in program accomplishments as a result of capacity building assistance and the increase in organizational resources as a result of assistance. (d) Past Rural Housing and Economic Development program performance. The past performance of previously awarded Rural Housing and Economic Development grantees will be taken into consideration when evaluating Rating Factor 1 ``Capacity of the Applicant and Relevant Organizational Experience.'' Applicants who have been awarded Rural Housing and Economic Development program funds prior to FY2005 should indicate fiscal year and funding amount. HUD local field offices may be consulted to verify information submitted by the applicant as a part of the review of applications. 2. Rating Factor 2--Need and Extent of the Problem (20 points). The Rural Housing and Economic Development program is designed to address the problems of rural poverty, inadequate housing and lack of economic opportunity. This factor addresses the extent to which there is a need for funding the proposed activities based on levels of distress and the urgency of meeting the need/distress in the applicant's target area. In responding to this factor, applications will be evaluated on the extent to which the level of need for the proposed activity and the urgency in meeting the need are documented and compared to target area and national data. a. In applying this factor, HUD will compare the current levels of need in the area (i.e., Census Tract(s) or Block Group(s) immediately surrounding the project site or the target area to be served by the proposed project and the national levels of need. This means that an application that provides data that show levels of need in the project area expressed as a percent greater than the national average will be rated higher under this factor. Applicants should provide data that address indicators of need as follows: (1) Poverty Rate (5 points)--Data should be provided in both absolute and percentage form (i.e., whole numbers and percents) for the target area(s). An application that compares the local poverty rate in the following manner to the national average at the time of submission will receive points under this section as follows: (a) Less than the national average = 0 points; (b) Equal to but less than twice the national average = 1 points; (c) Twice but less than three times the national average = 3 points; (d) Three or more times the national average = 5 points. (2) Unemployment (5 points)--for the target area: (a) Less than the national average = 0 points; (b) Equal to but less than twice the national average = 1 points; (c) Twice but less than three times the national average = 2 points; (d) Three but less than four times the national average = 3 points; (e) Four but less than five times the national average = 4 points; (f) Five or more times the national average = 5 points. (3) Other indicators of social or economic decline that best capture the applicant's local situation (5 points). (a) Data that could be provided under this section are information on the community's stagnant or falling tax base, including recent commercial or industrial closings; housing conditions, such as the number and percentage of substandard or overcrowded units; rent burden (defined as average housing cost divided by average income) for the target area; local crime statistics, falling property values, etc. To the extent that the applicant's statewide or local Consolidated Plan, its Analysis of Impediments to Fair Housing Choice (AI), its Indian housing plan or its anti-poverty strategy identify the level of distress in the community and the neighborhood in which the project is to be carried out, references to such documents should be included in preparing the response to this factor. (b) In rating applications under this factor, HUD reserves the right to consider sources of available objective data other than or in addition to those provided by applicants, and to compare [[Page 14019]] such data to those provided by applicants for the project site. These may include U.S. Census data. (c) HUD requires use of sound, verifiable, and reliable data (e.g., U.S. Census data, state statistical reports, university studies/ reports, or Home Mortgage Disclosure Act or Community Reinvestment Act databases) to support distress levels cited in each application. See http://www.ffiec.gov/ or http://www.ffiec.gov/webcensus/ffieccensus. for census data. A source for all information along with the publication or origination date must also be provided. (d) Updated Census data are available for the following indicators: (i) Unemployment rate--estimated monthly for counties, with a two- month lag; (ii) Population--estimated for incorporated places and counties, through 2000; (iii) Poverty rate--through 2000. (4) Demographics of Distress--Special Factors (5 points). Because HUD is concerned with meeting the needs of certain underserved areas, you will be awarded a total of five points if you are located in or propose to serve one or more of the following populations, or if your application demonstrates that 100 percent of the beneficiaries supported by Rural Housing and Economic Development funds are in one or more of the following populations. You must also specifically identify how each population will be served and that the proposed service area meets the definition of ``eligible rural area'' in Section I of this NOFA: (a) Areas with very small populations in non-urban areas (2,500 population or less); (b) Seasonal farm workers; (c) Federally recognized Indian tribes; (d) Colonias; (e) Appalachia's Distressed Counties; or (f) The Lower Mississippi Delta Region (8 states and 240 counties/ parishes). For these underserved areas, you should ensure that the populations that you serve and the documentation that you provide are consistent with the information described in the above paragraph under this rating factor. 3. Rating Factor 3--Soundness of Approach (20 points). This factor addresses the overall quality of your proposed workplan, taking into account the project and the activities proposed to be undertaken; the cost-effectiveness of your proposed program; and the linkages between identified needs, the purposes of this program, and your proposed activities and tasks. In addition, this factor addresses your ability to ensure that a clear linkage exists between innovative rural housing and economic development. In assessing cost-effectiveness, HUD will take into account your staffing levels; beneficiaries to be served; and your timetable for the achievement of program outcomes, the delivery of products and reports, and any anticipated outcome or product. You will receive a greater number of points if your workplan is consistent with the purpose of the Rural Housing and Economic Development program, your program goals, and the resources provided. a. Management Plan (13 points). A clearly defined management plan should be submitted that identifies each of the projects and activities you will carry out to further the objectives of this program; describes the linkage between rural housing and economic development activities; and addresses the needs identified in Factor 2, including needs that previously were identified in a statewide or local Analysis of Impediments to Fair Housing Choice (AI) or Consolidated Plan. The populations that were described in Rating Factor 2 for the purpose of documenting need should be the same populations that will receive the primary benefit of the activities, both immediately and over the long term. The benefits should be affirmatively marketed to those populations least likely to apply for and receive these benefits without such marketing. Your timetable should address the measurable goals and objectives to be achieved through the proposed activities; the method you will use for evaluating and monitoring program progress with respect to those activities; and the method you will use to ensure that the activities will be completed on time and within your proposed budget estimates. Your management plan should also include the budget for your program, broken out by line item. Documented projected cost estimates from outside sources are also required. Applicants should submit their workplan on a spreadsheet showing each project to be undertaken and the tasks (to the extent necessary or appropriate) in your workplan to implement the project with your associated budget estimate for each activity/task. Your workplan should provide the rationale for your proposed activities and assumptions used in determining your project timeline and budget estimates. Failure to provide your rationale may result in your application receiving fewer points for lack of clarity in the proposed management plan. This subfactor should include information that indicates the extent to which you have coordinated your activities with other known organizations (e.g., through letters of participation or coordination) that are not directly participating in your proposed work activities, but with which you share common goals and objectives and that are working toward meeting these objectives in a holistic and comprehensive manner. The goal of this coordination is to ensure that programs do not operate in isolation. Additionally, your application should demonstrate the extent to which your program has the potential to be financially self-sustaining by decreasing dependence on Rural Housing and Economic Development funding and relying more on state, local, and private funding. The goal of sustainability is to ensure that the activities proposed in your application can be continued after your grant award is complete. b. Policy Priorities (7 Points). Policy priorities are outlined in detail in the General Section. You should document the extent to which HUD's policy priorities are furthered by the proposed activities. Applicants that include activities that can result in the achievement of these departmental policy priorities will receive higher rating points in evaluating their application for funding. Seven departmental policy priorities are listed below. When policy priorities are included, describe in brief detail how those activities will be carried out. The point values for policy priorities are as follows: (1) Providing increased homeownership and rental opportunities for low- and moderate-income persons, persons with disabilities, the elderly, minorities, and families with limited English proficiency=1 point; (2) Improving our Nation's communities=1 point; (3) Encouraging accessible design features=1 point; (4) Providing full and equal access to grassroots faith-based and other community-based organizations in HUD program implementation=1 point; (5) Ending chronic homelessness within ten years=1 point; (6) Removal of barriers to affordable housing= 2 points and; (7) Promoting Energy Efficiency and Adopting Energy Star = 1 point. 4. Rating Factor 4--Leveraging Resources (10 points). This factor addresses the extent to which applicants for either of the two funding categories [[Page 14020]] have obtained firm commitments of financial or in-kind resources from other federal, state, local, and private sources. For every Rural Housing and Economic Development program dollar anticipated, you should provide the specific amount of dollars leveraged. In assigning points for this criterion, HUD will consider the level of outside resources obtained in the form of cash or in-kind goods or services that support activities proposed in your application. HUD will award a greater number of points based upon a comparison of the extent of leveraged funds with the requested Rural Housing and Economic Development award. This criterion is applicable to both funding categories under this NOFA. The level of outside resources for which commitments are obtained will be evaluated based on their importance to the total program. Your application must provide evidence of leveraging in the form of letters of firm commitment from any entity, including your own organization, which will be providing matching funds to the project. Each commitment described in the narrative of this factor must be in accordance with the definition of ``firm commitment,'' as defined in this NOFA. The commitment letter must be on letterhead of the participating organization, must be signed by an official of the organization legally able to make commitments on behalf of the organization, and must not be dated earlier than the date this NOFA is published. Points for this factor will be awarded based on the satisfactory provisions of evidence of leveraging and financial sustainability, as described above, and the ratio of leveraged funds to requested HUD Rural Housing and Economic Development funds as follows: a. 50% or more of requested HUD Rural Housing and Economic Development funds=10 points; b. 49-40% of requested HUD Rural Housing and Economic Development funds=8 points; c. 39-30% of requested HUD Rural Housing and Economic Development funds=6 points; d. 29-20% of requested HUD Rural Housing and Economic Development funds=4 points; e. 19-9% of requested HUD Rural Housing and Economic Development funds=2 points; f. Less than 9% of HUD requested Rural Housing and Economic Development funds =0 points. See the General Section for instructions for submitting third party letters and other documents with your electronic application. 5. Rating Factor 5--Achieving Results and Program Evaluation (25 points). This factor emphasizes HUD's commitment to ensure that applicants keep promises made in their application. This factor assesses their performance to ensure that rigorous and useful performance measures are used and goals are met. Achieving results means you, the applicant, have clearly identified the benefits or outcomes of your program. Outcomes are ultimate project end goals. Benchmarks or outputs are interim activities or products that lead to the ultimate achievement of your goals. Program evaluation requires that you, the applicant, identify program outcomes, interim products or benchmarks, and performance indicators that will allow you to measure your performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Your evaluation plan should identify what you are going to measure, how you are going to measure it, and the steps you have in place to make adjustments to your work plan if performance targets are not met within established time frames. Applicants must also complete the ``Logic Model'' HUD Form (HUD- 96010) included in the appendix to this NOFA and submit the completed form with their application. This rating factor reflects HUD's goal to embrace high standards of ethics, management, and accountability. HUD will hold a training broadcast via satellite for potential applicants to learn more about Rating Factor 5. For more information about the date and time of the broadcast, consult the HUD web site at www.hud.gov/grants/index.cfm. Program outcomes for the Rural Housing and Economic Development program must include where applicable: a. Number of housing units constructed; b. Number of housing units rehabilitated that will be made available to low-to-moderate-income participants; c. Number of jobs created; d. Percentage change in earnings as a result of employment for those participants; e. Number of participants trained; f. Percent of participants trained who find a job; g. Number of new businesses created; h. Number of existing businesses assisted; and i. Annual estimated savings for low-income families as a result of energy efficiency improvements. j. Increase in program accomplishments as a result of capacity building assistance (e.g. number of employees hired or retained, efficiency or effectiveness of services provided); and k. Increase in organizational resources as a result of assistance (e.g., dollars leveraged). If you receive an award of funds, you will be required to use the logic model to report progress against the proposed outcomes in your approved application and award agreement. Applicant must provide a breakdown of estimated dollar amount of the Rural Housing and Economic Development grant to be expended on each of the performance measures included on the HUD-96010 ``Logic Model'' and under the Rating Factor 5 section of your application. 6. RC/EZ/EC-II bonus points (2 points). HUD will award two bonus points to all applications that include documentation stating that the proposed eligible activities/projects will be located in and serve federally designated RC/EZ/EC-II. A listing of federally designated RC/ EZ/EC-II is available on the Internet at www.hud.gov/grants/index.cfm. This notice contains a certification (HUD-2990) that must be completed for the applicant to be considered for Rural EZ/Round II EC bonus points. B. Review and Selection Process 1. Application Selection Process a. Rating and Ranking (1) General. To review and rate applications, HUD may establish panels which may include outside experts or consultants to obtain certain expertise and outside points of view, including views from other federal agencies. (2) Rating. All applicants for funding will be evaluated against applicable criteria. In evaluating applications for funding, HUD will take into account an applicant's past performance in managing funds, including the ability to account for funds appropriately; its timely use of funds received either from HUD or other federal, state or local programs; its success in meeting performance targets for completion of activities; and the number of persons to be served or targeted for assistance. HUD may use information relating to these items based on information at hand or available from public sources such as newspapers, Inspector General or Government Accounting Office reports or findings, hotline complaints that have been found to have merit, or other such sources of information. In evaluating past performance, HUD will deduct points from rating scores as specified under Rating Factor 1, Capacity of the Applicant and Relevant Organizational Experience. [[Page 14021]] (3) Ranking. Applicants will be ranked separately within each of the two funding categories. Applicants will be selected for funding in accordance with their rank order in each category. An application must receive a minimum score of 75 points to be eligible for funding. If two or more applications are rated fundable and have the same score, but there are insufficient funds to fund all of them, the application(s) with the highest score for Rating Factor 2 (Need and Extent of the Problem) will be selected. If applications still have the same score, the highest score in the following factors will be selected sequentially until one highest score can be determined: Rating Factor 3 (Soundness of Approach), Rating Factor 1 (Capacity and Experience), Rating Factor 5 (Achieving Results and Program Evaluation), and Rating Factor 4 (Leveraging Resources). a. Initial screening. During the period immediately following the application deadline, HUD will screen each application to determine eligibility. Applications will be rejected if they: (1) Are submitted by ineligible applicants; (2) Do not serve an eligible rural area as defined in Section III of this NOFA; (3) Do not meet the objectives of the Rural Housing and Economic Development program; or (4) Propose a project for which the majority of the activities are ineligible. b. Rating Factors for Award Used to Evaluate and Rate Applications. The factors for rating and ranking applicants and the maximum points for each factor are provided above. The maximum number of points for this program is 102. This includes 100 points for all five rating factors and two RC/EZ/EC-II bonus points, as described above. c. Environmental Review. Each application constitutes an assurance that the applicant agrees to assist HUD in complying with the provisions set forth in 24 CFR part 50. Selection for award does not constitute approval of any proposed site. Following selection for award, HUD will perform an environmental review of activities proposed for assistance under this part, in accordance with 24 CFR part 50. The results of the environmental review may require that proposed activities be modified or that proposed sites be rejected. Applicants are particularly cautioned not to undertake or commit HUD funds for acquisition or development of proposed properties (including establishing lines of credit that permit financing of such activities or making commitments for loans that would finance such activities from a revolving loan fund capitalized by funds under this NOFA) prior to HUD approval of specific properties or areas. Each application constitutes an assurance that you, the applicant, will assist HUD in complying with part 50; will supply HUD with all available relevant information to perform an environmental review for each proposed property; will carry out mitigating measures required by HUD or select alternate property; and will not acquire, rehabilitate, convert, demolish, lease, repair, or construct property, or commit or expend HUD or local funds for these program activities with respect to any eligible property until HUD approval of the property is received. In supplying HUD with environmental information, grantees must use the guidance provided in Notice CPD-99-01, entitled ``Field Environmental Processing for HUD Colonias Initiative (HCI) grants,'' issued January 27, 1999. HUD's funding commitment is contingent upon HUD's site approval following an environmental review. d. Adjustments to Funding. (1) HUD will not fund any portion of your application that is ineligible for funding and does not meet the requirements of this NOFA, or is duplicative of other funded programs or activities from prior year awards or other selected applicants. Only the eligible non- duplicative portions of your application may be funded. (2) HUD reserves the right to reallocate funds between categories to achieve the maximum allocation of funds in both categories. (3) If after all eligible applicants have been selected for funding in Category 1 and funds remain, the remaining funds will be allocated to Category 2 to fund additional eligible applications in that category. If a balance of funds remains, HUD reserves the right to utilize those funds toward the following year's awards. (4) Please see the Section VI.A.3 of the General Section for more information about funding. (5) Performance and Compliance Actions of Funding Recipients. HUD will measure and address the performance and compliance actions of funding recipients in accordance with the applicable standards and sanctions of the Rural Housing and Economic Development program. e. Corrections to Deficient Applications. After the application due date, HUD may not, consistent with its regulations in 24 CFR part 4, subpart B, consider any unsolicited information you, the applicant, may want to provide. HUD may contact you to clarify an item in your application or to correct technical deficiencies. HUD may not seek clarification of items or responses that improve the substantive quality of your response to any rating factors. In order not to unreasonably exclude applications from being rated and ranked, HUD may contact applicants to ensure proper completion of the application and will do so on a uniform basis for all applicants. Examples of curable (correctable) technical deficiencies include inconsistencies in the funding request, a failure to submit the proper certifications or failure to submit an application that contains a signature by an official able to make a legally biding commitment on behalf of the applicant. In the case of an applicant who received a waiver, the technical deficiency may include a failure to submit an application that contains an original signature. If HUD finds a curable deficiency in the application, HUD will notify you in writing by describing the clarification or technical deficiency. HUD will notify applicants by facsimile or by USPS, return receipt requested. Clarifications or corrections of technical deficiencies in accordance with the information provided by HUD must be submitted within 14 calendar days of the date of receipt of the HUD notification. (If the due date falls on a Saturday, Sunday or federal holiday, your correction must be received by HUD on the next day that is not a Saturday, Sunday or federal holiday.) If the deficiency is not corrected within this time period, HUD will reject the application as incomplete and it will not be considered for funding. In order to meet statutory deadlines for the obligation of funds or for timely completion of the review process, Program NOFAs may reduce the number of days for submitting a response to a HUD clarification or correction to a technical deficiency. Please be sure to carefully read each Program NOFA for any additional information and instructions. An applicant's response to a HUD notification of a curable deficiency should be submitted directly to HUD in accordance with the instructions provided with request to cure the deficiency. VI. Award Administration Information: A. Award Notice. Successful Rural Housing and Economic Development program applicants will be notified of grant award and will receive post-award instructions by mail. B. Administrative and National Policy Requirements. In addition to the requirements listed below, please review all requirements in Section III of the General Section. [[Page 14022]] 1. Lead-Based Paint Hazard Control. All property assisted under the Rural Housing and Economic Development program is covered by the Lead- Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) and HUD's implementing regulations at 24 CFR part 35. 2. Audit Requirements. Any grantee that expends $500,000 or more in federal financial assistance in a single year (this can be program year or fiscal year) must meet the audit requirements established in 24 CFR parts 84 and 85 in accordance with OMB A-133. 3. Accounting System Requirements. The Rural Housing and Economic Development program requires that successful applicants have in place an accounting system that meets the policies, guidance, and requirements described in the following applicable OMB Circulars and Code of Federal Regulations: a. OMB Circular A-87 (Cost Principles for State, Local and Indian Tribal Governments); b. OMB Circular A-122 (Cost Principles for Non-Profit Organizations); c. OMB Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations); d. 24 CFR part 84 (Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations); and e. 24 CFR part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally recognized Indian tribal governments). C. Reporting: Reporting documents apply to the award, acceptance and use of assistance under the Rural Housing and Economic Development program and to the remedies for noncompliance, except when inconsistent with HUD's Appropriation Act, or other federal statutes or the provisions of this NOFA. For each reporting period, as part of your required report to HUD, you must include a completed Logic Model (Form HUD 96010), which identifies output and outcome achievements. If you are reporting race and ethnic data, you must use Form HUD-27061, Race and Ethnic Data Reporting Form. D. Debriefing. See the General Section for information on how to obtain a debriefing on your application review and evaluation. VII. Agency Contact(s) Further Information and Technical Assistance: For information concerning the HUD Rural Housing and Economic Development program, contact Mr. Thann Young, Program Specialist, or Ms. Linda L. Streets, Community Development Specialist, Office of Rural Housing and Economic Development, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7137, Washington, DC 20410-7000; telephone 202-708-2290 (this is not a toll- free number). Persons with speech or hearing impairments may access this number via TTY by calling the toll-free Federal Information Relay Service at 800-877-8339. Prior to the application deadline, Mr. Young or Ms. Streets will be available at the number above to provide general guidance and clarification of the NOFA, but not guidance in actually preparing your application. Following selection, but prior to award, HUD staff will be available to assist in clarifying or confirming information that is a prerequisite to the offer of an award by HUD. VIII. Other Information 1. Satellite Broadcast. HUD will hold an information webcast via satellite for potential applicants to learn more about the program and preparation of an application. For more information about the date and time of this webcast, consult the HUD web site at www.hud.gov. 2. The Paperwork Reduction Act. The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2506- 0169. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor and a person is not required to respond to a collection of information, unless it displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 100 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing and reporting the data for the application, semi-annual reports, and final report. The information will be used for grantee selection and monitoring the administration of funds. [[Page 14023]] [GRAPHIC] [TIFF OMITTED] TN21MR05.183 [[Page 14024]] Public Housing Neighborhood Networks Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Public and Indian Housing. B. Funding Opportunity Title: Public Housing Neighborhood Networks program. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA is: FR-4950-N-24. The OMB approval number for this program is 2577-0229. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.870. F. Dates: The application submission date is June 3, 2005. Please see the General Section of the SuperNOFA for application submission and timely receipt requirements. G. Optional, Additional Overview Content Information: 1. Purpose of Program: The purpose of the Public Housing Neighborhood Networks (NN) program is to provide grants to public housing authorities (PHAs) to: a) update and expand existing NN /community technology centers; or b) establish new NN centers. These centers offer comprehensive services designed to help public housing residents achieve long-term economic self-sufficiency. 2. Funding Available: The Department plans to award approximately $23,888,000 ($13,888,000 in new appropriations plus $10,000,000 in carryover) under the Neighborhood Networks program in Fiscal Year 2005. 3. Award Amounts: Awards will range from $150,000 to $6000,000. 4. Eligible Applicants. Eligible applicants are PHAs only. Tribes and tribally designated housing entities (TDHEs), nonprofit organizations, and resident associations are not eligible to apply for funding under the Public Housing Neighborhood Networks program. 5. Cost Sharing/Match Requirement: PHAs are required to match at least 25 percent of the requested grant amount. 6. Grant term. The grant term is three years from the execution date of the grant agreement. -------------------------------------------------------------------------------------------------------------------------------------------------------- Grant program Total funding Eligible applicants Maximum grant amount -------------------------------------------------------------------------------------------------------------------------------------------------------- Neighborhood Networks....................... $23.8 Million.................. PHAs--existing centers..................... $150,000 for PHAs with 1-780 units. $200,000 for PHAs with 781- 2,500 units. $250,000 for PHAs with 2,501- 7,300 units. $300,000 for PHAs with 7,301 units or more. PHAs--new centers.......................... $300,000 for PHAs with 1-780 units. $400,000 for PHAs with 781- 2,500 units. $500,000 for PHAs with 2,501- 7,300 units. $600,000 for PHAs with 7,301 units or more. -------------------------------------------------------------------------------------------------------------------------------------------------------- Full Text of Announcement I. Funding Opportunity Description A. Definition of Terms 1. Contract Administrator is a grant administrator or financial management agent that oversees the implementation of the grant and/or the financial aspects of the grant. See the ``Program Requirements'' and ``Threshold Requirements'' sections for more information. 2. An existing computer center is: (1) A computer lab, or technology center owned and operated by a PHA which serves residents of public housing and has not received prior NN funding and therefore is not officially designated a HUD Public and Indian Housing (PIH) NN center; (2) a computer lab designated as a HUD PIH NN center, which seeks to expand its services; or (3) a computer lab which needs funding under this program to become operational and serve residents of public housing. 3. A new NN center is one that will be established (i.e. there is no infrastructure, space, or equipment currently in use for this purpose) with NN grant funds. NOTE: An applicant previously funded under Neighborhood Networks may apply under the ``New Computer Center'' category only if it will develop a new center in a development which cannot be served by the applicant's existing NN center(s). 4. Past Performance is a threshold requirement. Using Rating Factor 1, HUD's field offices will evaluate applicants for past performance to determine whether an applicant has the capacity to manage the grant they are applying for. Field offices will evaluate the past performance of contract administrators for applicants that required one. 5. Person with disabilities means a person who: a. Has a condition defined as a disability in section 223 of the Social Security Act; b. Has a developmental disability as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act; or c. Is determined to have a physical, mental, or emotional impairment which: (1) Is expected to be of long-continued and indefinite duration; (2) Substantially impedes his or her ability to live independently; and (3) Is of such a nature that such ability could be improved by more suitable housing conditions. The term ``person with disabilities'' includes persons who have acquired immunodeficiency syndrome (HIV/AIDS) or any conditions arising from the etiologic agent for AIDS. In addition, no individual shall be considered a person with disabilities solely based on drug or alcohol dependence. The definition provided above for persons with disabilities is the proper definition for determining program qualifications. However, the definition of a person with disabilities contained in section 504 of the Rehabilitation Act of 1973 and its implementing regulations must be used for purposes of reasonable accommodations. 6. Project Coordinator is responsible for coordinating the grantee's approved activities to ensure that grant goals and objectives are met. A qualified Project Coordinator is someone with at least two years of experience working on supportive services designed specifically for underserved populations. The Project Coordinator and grantee are both responsible for ensuring that all federal requirements are followed. 7. Secretary means the Secretary of Housing and Urban Development. 8. Senior person means a person who is at least 62 years of age. B. Program Description 1. The Public Housing Neighborhood Networks program provides grants to PHAs to (1) update and expand existing NN/community technology centers; or (2) establish new (NN) centers. 2. NN centers must be located within a public housing development, on PHA land, or within reasonable walking distance to the PHA development(s). [[Page 14025]] 3. HUD is looking for applications that implement comprehensive programs within the three year grant term which will result in improved economic self-sufficiency for public housing residents. HUD is looking for proposals that involve partnerships with organizations that will supplement and enhance the services offered to residents. 4. NN centers provide computer and Internet access to public housing residents and offer a full range of computer and job training services. Applicants should submit proposals that will incorporate computer and Internet use to: provide job training for youths, adults and seniors; expand educational opportunities for residents; promote economic self-sufficiency and help residents transition from welfare to work; assist children with homework; provide guidance to high school students (or other interested residents) for post-secondary education (college or trade schools); and provide other services deemed necessary from resident input. 5. All applicants must complete a business plan (see sample HUD- 52766 provided in the Appendix) covering the three-year grant term. Applicants' business plan and narrative must indicate how the centers will become self-sustaining after the grant term expires. Proposed grant activities should build on the foundation created by previous NN grants such as Resident Opportunities and Self-Sufficiency (ROSS) grants, or other federal, state and local self-sufficiency efforts. C. Eligible Activities 1. Hiring a Qualified Project Coordinator To Administer the Grant Program. A qualified Project Coordinator must have project management and information technology experience. The Project Coordinator should be hired for the entire term of your grant. The Project Coordinator is responsible for ensuring that the center achieves its proposed goals and objectives. In addition, the Project Coordinator is responsible for the following activities: a. Marketing the program to residents; b. Assessing residents' needs, interests, skills, and job- readiness; c. Assessing residents' needs for supportive services, e.g. childcare, transportation; d. Designing and coordinating grant activities based on residents' needs and interests; and e. Monitoring the progress of program participants and evaluating the overall success of the program. For more information on how to measure performance, please see Rating Factor 5 in the ``Application Review Information'' section of this NOFA. 2. Literacy training and GED preparation; 3. Computer training, from basic to advanced; 4. College preparatory courses and information; 5. Job Training: Some examples of the job training skills encouraged are: oral and written communication skills; work ethic; interpersonal and teamwork skills; resume writing; interviewing techniques, creating job training and placement programs with local employers and employment agencies; and post-employment follow-up to assist residents who are new to the workplace. 6. Physical improvements. Physical improvements must relate to providing space for a Neighborhood Networks center. Renovation, conversion, wiring, and repair costs may be essential elements of physical improvements. In addition, architectural, engineering, and related professional services required to prepare plans or drawings, write-ups, specifications or inspections may also be part of the cost of implementing physical improvements. a. Creating an accessible space for persons with disabilities is an eligible use of funds. Refer to Office of Management and Budget (OMB) Circular A-87, ``Cost Principles for State, Local and Indian Tribal Governments.'' b. The renovation, conversion, or joining of vacant units in a PHA development to create space for the equipment and activities of a NN center (computers, printers, and office space) are eligible activities for physical improvement. c. The renovation or conversion of existing common areas in a PHA development to accommodate a NN center is eligible. d. If renovation, conversion, or repair is done off-site, the PHA must provide documentation with its application that it has control of the proposed property for at least five years. Control can be demonstrated through a lease agreement, ownership documentation, or other appropriate documentation. 7. Maintenance and insurance costs. Includes installing and maintaining the hardware and software as well as insurance coverage for the space and equipment. 8. Purchase of computers, printers, software and other peripheral equipment are eligible expenses. In addition, costs of computer hardware and software for the needs of persons with disabilities are an eligible cost for this funding category; 9. Distance Learning Equipment. Distance learning equipment (including the costs for video casting and purchase/lease/rental of distance learning equipment) is an eligible use of funds. The proposal must indicate that the center will be working in a virtual setting with a college, university or other educational organization. Distance learning equipment can also be used to link one or more centers so that residents can benefit from courses being offered at only one site. 10. Security and related costs. Includes space and minor refitting, locks, and other equipment for safeguarding the center. 11. Hiring Residents. Grantees may hire residents to help with the implementation of this grant program. 12. Administrative costs. Administrative costs may include, but are not limited to, purchase of furniture, office equipment and supplies, local travel, and utilities. Administrative costs may not be used to pay for salaries of any kind. For both new and existing NN centers, administrative costs must not exceed 10 percent of the total grant amount requested from HUD. Administrative costs must adhere to OMB Circular A-87. Please use HUD-424-CBW to itemize your administrative costs. You may attach an additional sheet of paper to the HUD-424-CBW form if necessary in order to fully itemize your administrative costs. D. Regulations Governing the Neighborhood Networks Grant The Neighborhood Networks program is governed by regulations in 24 CFR parts 905 and 968. II. Award Information A. Total Funding. The Department expects to award approximately a total of $23,888,000 ($13,888,000 in new appropriations plus $10,000,000 in carryover) under the Neighborhood Networks program in Fiscal Year 2005. Awards will be made as follows: 1. Forty percent of available funding for Neighborhood Networks will be used for updating and expanding existing computer technology centers. The other 60 percent will provide grants to establish and operate new Neighborhood Networks centers. 2. PHAs must use the number of occupied public housing units as of September 30, 2004 per their budget. This is required so the PHA can determine the maximum grant amount they are eligible for in accordance with the categories listed below. PHAs should clearly indicate on the Fact [[Page 14026]] Sheet (HUD-52751) the number of units under management. a. Funding Levels for Existing Centers: ------------------------------------------------------------------------ Number of conventional units Maximum funding ------------------------------------------------------------------------ 1-780 units............................... $150,000 781-2,500 units........................... 200,000 2,501-7,300 units......................... 250,000 7,301 or more units....................... 300,000 ------------------------------------------------------------------------ b. Funding Levels for New Centers: ------------------------------------------------------------------------ Number of conventional units Maximum funding ------------------------------------------------------------------------ 1-780 units............................... $300,000 781-2,500 units........................... 400,000 2,501-7,300 units......................... 500,000 7,301 or more units....................... 600,000 ------------------------------------------------------------------------ B. Grant Period: Three years. The grant period shall begin the day the grant agreement and the form HUD-1044, ``Assistance Award/ Amendment'' are signed by the grantee and HUD. C. Grant Extensions. Requests to extend the grant term must be submitted in writing by the grantee to the local HUD field office. Such requests must be done prior to grant termination and with at least 30 days notice to give the field office a reasonable amount of time to fully evaluate the request. Requests must explain why the extension is necessary, what work remains to be completed, and what work and progress was accomplished to date. Extensions may be granted one time only by the field office for no more than six months. D. Type of Award: Grant agreement. E. Subcontracting: Subcontracting is permitted. Grantees must follow the HUD federal procurement regulations found at 24 CFR 85.36. III. Eligibility Information A. Eligible Applicants: Public Housing Authorities are eligible to apply for this funding category. Tribes/TDHEs, nonprofit organizations, and resident associations are not eligible to apply for this funding category. B. Cost Sharing or Matching: All applicants are required to obtain a 25 percent cash or in-kind match. The match is a threshold requirement. Applicants who do not demonstrate the minimum 25 percent match will fail the threshold requirement and will not receive further consideration for funding. Please see the section below on threshold requirements for more information on what is required for the match. C. Other: 1. Threshold Requirements: Applicants must respond to each threshold requirement clearly and thoroughly by following the instructions below. If your application fails one threshold requirement (regardless of the type of threshold) it will be considered a failed application. Applicants and grantees must also meet the threshold requirements contained in Section III.C. of the General Section of the SuperNOFA. a. Match. All applicants are required to commit a 25 percent match in cash or in-kind donations that are defined in this paragraph. Joint applicants must together have at least a 25 percent match. Applicants who do not demonstrate the minimum 25 percent match will fail this threshold requirement and will not receive further consideration for funding. If you are also applying for funding under the ROSS grant program, you must use different sources of match donations for each grant application and you must indicate which ROSS grant(s) you are applying for by attaching a narrative to your application. This narrative must state the sources and amounts of each of your match contributions for this application as well as any other HUD grant program to which you are applying. Match donations must be firmly committed. Firmly committed means that the amount of match resources and their dedication to Neighborhood Networks-funded activities must be explicit, in writing and signed by a person authorized to make the commitment. Letters of commitment and memoranda of understanding (MOU) must be on organization letterhead, and signed by a person authorized to make the commitment. The letters of commitment/MOUs must indicate the total dollar value of the commitment, be dated within two months of the application deadline, and indicate how the commitment will relate to the proposed program. The commitment should be available at time of award. Applicants proposing to use their own, non-HUD grant funds to meet the match requirement, must also include a letter of commitment indicating the type of match (cash or in-kind) and how the match will be used. Grant awards shall be contingent upon letters of commitment being submitted with your application. Please see the General Section of the SuperNOFA for instructions for submitting the required letters with your electronic application. (1) Volunteer time and services shall be computed using the professional rate for the local area or the national minimum wage rate of $5.15 per hour (Note: applicants may not count their staff time towards the match.) If grantees propose to use volunteers for development or operations work that would otherwise be subject to payment of Davis-Bacon or HUD-determined prevailing wage rates (including construction, rehabilitation or maintenance) their services must be computed using the appropriate methodology. Additional information on these wage rates can be found at: www.hud.gov/, by contacting HUD Field Office Labor Relations staff, or from the PHA. Such volunteers must also meet the requirements of section 12(b) of the United States Housing Act of 1937 and 24 CFR part 70; (2) In order for HUD to determine the value of any donated material, equipment, staff time, building, or lease, your application must provide a letter from the organization making the donation. The letter must state the value of the contribution. (3) Other resources/services that can be committed include: in-kind services such as administrative assistance provided to the applicant; funds from federal sources that are allowed by statute, for example Community Development Block Grant (CDBG); funds from any state or local government sources; and funds from private contributions. Applicants may also partner with other program funding recipients to coordinate the use of resources in the target area. b. Past Performance. HUD's field offices will evaluate data provided by applicants as well as their past performance to determine whether applicants have the capacity to manage the grant they are applying for. Field offices will evaluate the contract administrators' past performance for applicants required to have a contract administrator. Using Rating Factor 1, the field office will evaluate applicants' past performance. Applicants should carefully review Rating Factor 1 to ensure their application addresses all of the criteria requested. If applicants fail to address what is requested in Rating Factor 1, their application will not receive further consideration. c. Contract Administrator Partnership Agreement. PHAs that are troubled at time of application are required to submit a signed Contract Administrator Partnership Agreement. The agreement must be for the entire grant term. Grant awards must have a signed Contract Administrator Partnership Agreement included in the application. Applicants required to have a Contract Administrator Partnership Agreement that fail to submit one will fail this threshold requirement and will not receive further consideration for funding. [[Page 14027]] Troubled PHAs are not eligible to be contract administrators. Grant writers who assist in the preparation of their Neighborhood Networks applications are also ineligible to be contract administrators. For more information on contract administrators, see the section ``Program Requirements.'' d. Minimum Score for All Fundable Applications. Applications that pass all threshold requirements and go through the ranking and rating process, must receive a minimum score of 75 in order to be considered for funding. e. The Dun and Bradstreet Universal Numbering System (DUNS) Number Requirement. Refer to the General Section of the SuperNOFA for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD. You will need a DUNS number to complete your Grants.gov registration. Registration is required for electronic submission. See the General Section of the SuperNOFA for a discussion of the Grants.gov registration process. f. Applicants will not be considered for funding if their request exceeds the maximum amount they are eligible for. 2. Program Requirements: a. Program Evaluations. A portion of grant funds should be reserved to ensure that evaluations can be completed for all participants who received training through this program. For example, applicants may propose to reserve one percent of grant funds for every 10 students they train for the purpose of evaluating students' success in the program. b. Physical Improvements. All renovations must meet appropriate accessibility requirements, including the requirements of Section 504 of the Rehabilitation Act of 1973 at 24 CFR part 8, Architectural Barriers Act at 24 CFR part 40, the Americans with Disabilities Act and the Fair Housing Act. Compliance with the Uniform Federal Accessibility Standards must comply with the requirements of 24 CFR 8.21, 8.22, 8.232, and 8.25 with respect to buildings. c. Contract Administrator. The contract administrator must assure that the financial management system and procurement procedures that will be implemented during the grant term comply with 24 CFR part 85. CAs are expressly forbidden from accessing HUD's Line of Credit Control System (LOCCS) and submitting vouchers on behalf of grantees. Contract administrators must assist PHAs in meeting HUD's reporting requirements, see Section VI.C. ``Reporting'' for more information. Contract administrators may be: local housing agencies; community-based organizations such as community development corporations (CDCs), churches, temples, synagogues, mosques; nonprofit organizations; state/ regional associations and organizations. Troubled PHAs are not eligible to be contract administrators. Grant writers who assist applicants in preparing their Neighborhood Networks applications are also ineligible to be contract administrators. Organizations that the applicant proposes to use as the contract administrator must not violate the conflict of interest standards as defined in 24 CFR part 84 and 24 CFR part 85. d. Other Requirements Applicable to All Programs. All applicants, lead and non-lead, should refer to ``Other Requirements and Procedures Applicable to All Programs'' of the General Section of the SuperNOFA for other requirements to which they may be subject. 3. Number of Applications Permitted: a. General. Applicants may submit only one application for a NN grant. b. Joint applications. Two or more applicants may join together to submit a joint application for proposed grant activities. Joint applications must designate a lead applicant. Only the lead applicant is subject to the threshold requirements outlined in this NOFA. However, both lead and non-lead applicants are subject to threshold requirements outlined in Section III. C. of the General Section of the SuperNOFA. The lead applicant must be registered with Grants.gov and submit the application using the Grants.gov portal. Applicants who submit joint applications cannot submit separate applications as sole applicants under this NOFA. NOTE: The lead applicant will determine the maximum funding amount the applicants are eligible to receive. 4. Eligible Participants: All program participants must be residents of public housing or residents of other housing assisted with funding made available under the 2005 Appropriations Act (e.g., residents receiving tenant-based or project-based voucher assistance, as well as elderly and disabled residents). 5. Compliance with Program Requirements. In addition to the specific NN program requirement, all applicants and grantees must also comply with the program requirements contained in Section III. C. of the General Section of the SuperNOFA. IV. Application and Submission Information A. Address to Obtain an Application Package. There is no application kit this year. Please refer to the General Section for information on how to submit your application electronically. Copies of this published NOFA and application forms for this program may be downloaded from the grants.gov Web site at http://www.grants.gov/APPLY. If you have difficulty accessing the information you may call the Grants.gov help desk toll-free at (800) 518-GRANTS or sending an e-mail to Grants.gov">Support@Grants.gov. The operators will assist you in accessing the information. B. Content and Form of Application Submission: 1. Application Preparation: Before preparing an application for Neighborhood Networks funding, applicants should carefully review the program description, program requirements, ineligible activities, threshold requirements contained in this NOFA, and the General Section. Applicants should also review each rating factor found in the ``Application Review Information'' section before writing a narrative response. Applicants' narratives must be descriptive in order to ensure that every requested item is addressed. Applicants should make sure to include all requested information, according to the instructions found in this NOFA and the General Section. This will help ensure a fair and accurate review of your application. 2. Content and Format for Submission: In order to be funded, applicants must propose programs which meet all the requirements and objectives of the Neighborhood Networks program described in this NOFA and follow the submission instructions for electronic filing and submitting third party letters and other documentation found in the General Section. 3. Content of Application: Applicants must write narrative responses to each of the rating factors described in the section below. Their responses must demonstrate that they have the necessary capacity to successfully manage this grant program. Applicants should ensure that their narratives are written clearly and concisely so that HUD reviewers, who may not be familiar with the Neighborhood Networks program, fully understand the proposal. HUD encourages applicants to carefully review each rating factor, the regulations governing the Neighborhood Networks program, at 24 CFR parts 905 and 968, and the General Section prior to responding to the rating factors. 4. Format of Application: (1) Applications may not exceed 35 narrative pages. Narrative pages must be submitted as separate electronic files, formatted as double-spaced, single-sided documents. Each file should have [[Page 14028]] the pages numbered consecutively. Use Times New Roman font style and font size 12. Supporting documentation, required forms, and certifications will not be counted toward the 35 narrative page limit. See the General Section for information on how to submit documents that are not in electronic format. Applicants should make every effort to submit only what is necessary in terms of supporting documentation. Please see the General Section for instructions on how to submit supporting documentation with your electronic application. (2) The following checklist has been provided to guarantee that the applicants submit all of the required forms and information. Electronic application filers should make sure the file names for their narratives reflect the labels in the checklist. Each narrative must be in a separate file with all the files zipped together and sent as an attachment in the application submittal. (Note: Applicants who receive a waiver to submit paper applications, must submit their applications in a three-ring binder, with TABS dividing the sections as indicated below): TAB 1: Required Forms 1. Acknowledgment of Application Receipt (HUD-2993), for paper application submissions only (you must have an approved waiver to submit a paper application); 2. Application for Federal Assistance (SF-424); 3. SF-424 Supplement--Survey on Ensuring Equal Opportunity for Applicants; 4. Questionnaire for HUD's Initiative on Removal of Regulatory Barriers (HUD-27300); 5. ROSS Fact Sheet (HUD-52751); 6. Grant Application Detailed Budget (HUD-424-CB); 7. Grant Application Detailed Budget Worksheet (HUD-424-CBW); 8. Applicant/Recipient Disclosure/Update Report (HUD-2880); 9. Certification of Consistency with RC/EZ/EC-II Strategic Plan (HUD-2990) if applicable; 10. Certification of Consistency with the Consolidated Plan (HUD- 2991) if applicable; 11. Disclosure of Lobbying Activities (HUD-SF-LLL)--if applicable; 12. Disclosure of Lobbying Activities Continuation Sheet (HUD-SF- LLL-A)--if applicable; and 13. Client Comments and Suggestions (HUD-2994). (Optional) 14. Facsimile Transmittal (HUD-96011) TAB 2: Threshold Requirements 1. Letters from Partners attesting to match; 2. Letter from Applicant's organization attesting to match (if applicant is contributing to match); and 3. Contract Administrator Partnership Agreement (required for troubled PHAs) (HUD-52755). TAB 3: Rating Factor 1 1. Narrative 2. Chart A: Program Staffing (HUD-52756) 3. Chart B: Applicant/Administrator Track Record (HUD-52757) 4. Resumes/Position Descriptions TAB 4: Narrative for Rating Factor 2 TAB 5: Rating Factor 3 1. Narrative 2. Business Plan (see sample) (HUD-52766) TAB 6: Narrative for Rating Factor 4 TAB 7: Narrative for Rating Factor 5 and NN Program Forms 1. Narrative 2. Logic Model (HUD-96010); 3. Sample Performance measures/outcomes are attached for applicants' information C. Submission Dates and Times: 1. Due Dates: Electronic applications must be submitted and received by Grants.gov no later than 11:59:59 p.m. eastern time on June 3, 2005. For applicants receiving a waiver to the electronic filing requirement, please see the General Section for waiver and mailing requirements. 2. Proof of Timely Submission. Please see Section IV.F of the General Section for application submission, and timely receipt requirements. Applicants that fail to meet the deadline for application receipt will not receive funding consideration. D. Intergovernmental Review: Not applicable. E. Funding Restrictions: 1. Reimbursement for Grant Application Costs: Applicants who receive a NN award are prohibited from using these grant funds to reimburse any costs incurred while preparing their applications. 2. Covered Salaries: a. Project Coordinator: The Neighborhood Networks program will fund up to $65,000 in combined annual salary and fringe benefits for a full- time Project Coordinator. The Project Coordinator's salary and fringe benefits may not exceed 30 percent of the total grant amount. For audit purposes, applicants must have documentation on file demonstrating that the salary paid to the Project Coordinator is comparable to similar professions in their local area. b. Hiring Residents: Grantees may hire residents to help with the implementation of this grant program. No more than five percent of grant funds can be used for this purpose. c. NN funds may only be used for the types of salaries described in this section according to the restrictions described herein. NN funds may not be used to pay for salaries of any other kind. d. Neighborhood Networks grant funds cannot be used to hire or pay the services of a Contract Administrator. 3. Administrative Costs. Administrative costs may include, but are not limited to, purchase of furniture, office equipment, supplies, local travel, and utilities. Administrative costs may not be used to pay for salaries. Administrative costs must not exceed 10 percent of the total grant amount requested from HUD. Administrative costs must adhere to OMB Circular A-87. Please use HUD-424-CBW to itemize your administrative costs. 4. Ineligible Activities/Costs. Grant funds may not be used for ineligible activities: a. Payment of wages and/or salaries to participants for receiving supportive services and/or training programs; b. Purchase, lease, or rental of land; c. Purchase, lease, or rental of vehicles; d. Entertainment costs; e. Purchasing food; f. Service Coordinator salary and fringe benefits; g. Stipends; h. Cost of application preparation; i. Costs which exceed limits identified in the NOFA for the following: Project Coordinator, resident salaries, physical improvements (see below) and administrative expenses; and j. Any other costs not eligible under section 9(d)(1)(E) of the U.S. Housing Act of 1937. A copy of the regulation can be found at www.hud.gov/fundsavailable. k. NN funds cannot be used to hire or pay for the services of a Contract Administrator 5. Physical Improvements. For new centers, expenses for physical improvements may not exceed 20 percent of the total grant amount requested from HUD. For existing centers, expenses for physical improvements may not exceed 10 percent of the total grant amount. F. Other Submission Requirements: a. Electronic Delivery. Beginning in FY2005, HUD requires applicants to submit applications electronically through www.grants.gov/Apply. Applicants interested in applying for funding must submit their applications electronically via the web site http://www.grants.gov/Apply. This site has simple instructions that will enable you to apply for HUD assistance. The www.grants.gov/Apply feature includes [[Page 14029]] a simple, unified application process to enable applicants to apply for grants online. b. Waivers to the Electronic Submission Process: Applicants may request a waiver to the electronic submission process (see Section IV.F of the General Section for more information). Applicants who are granted a waiver must submit their applications to: HUD Grants Management Center (GMC), Mail Stop: Neighborhood Networks, 501 School Street, SW., 8th floor, Washington, DC 20024. Please see the General Section for detailed mailing and delivery instructions as the procedures have changed significantly for this year. c. Number of Copies. Only applicants receiving a waiver to the electronic submission requirement may submit an original and two paper copies of the application. One paper copy must be sent to the area field office. See the chart in the General Section if you have received a waiver of the electronic submission requirement. V. Application Review Information A. Criteria 1. Factors for Award Used To Evaluate and Rate Applications to the Neighborhood Networks Program: The factors for rating and ranking applicants and maximum points for each factor are provided below. The maximum number of points available for this program is 102. This includes two RC/EZ/EC bonus points. The SuperNOFA contains a certification that must be completed in order for the applicant to be considered for RC/EZ/EC-II bonus points. A listing of federally designated RC/EZ/EC-II is available on HUD's web site at: www.hud.gov/fundsdsavailable. The agency certifying to RC/EZ/EC-II status must be included in the listing on HUD's web site. Please see the General Section for details concerning RDC/EZ/EC-II bonus points. NOTE: Applicants should carefully review each rating factor before writing a response. Applicants' narratives must be descriptive and detailed in order to ensure every requested item is addressed. Applicants should make sure their narratives thoroughly address the Rating Factors below and include all requested information, according to the instructions found in this NOFA. This will help ensure a fair and accurate application review. a. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (35 Points) This factor addresses whether the applicant has the organizational resources necessary to successfully implement the proposed activities within the grant period. In rating this factor, HUD will consider whether the proposal demonstrates that the applicant will have qualified and experienced staff. HUD will also bear in mind whether or not the proposed staff will be dedicated to administering the program. (1) Proposed Program Staffing (12 Points). (a) Staff Experience (4 Points). HUD is requesting details about the knowledge and experience of the proposed Project Coordinator, staff, and partners in planning and managing programs. Experience will be judged in terms of recent, relevant and successful experience of proposed staff to undertake program activities. In rating this factor, HUD will consider experience within the last 5 years to be recent; experience pertaining to the specific activities being proposed to be relevant; and experience producing specific accomplishments to be successful. Applicants will receive a greater amount of points if the proposed staff has recent and applicable experience. HUD is looking for staff to possess experience working with and successfully implementing similar projects. If proposed staff has experience in providing community technology services and in delivering social service programs to underserved populations, applicants will receive a maximum score of four points. If proposed staff has experience in only one area, applicants will receive two points. If proposed staff has experience in neither area, applicants will receive a score of 0 for this subfactor. The following information should be included in the application in order to provide HUD an understanding of the proposed staff's experience and capacity: (i) The number of staff years (one staff year = 2080 hours) to be allocated to the program by each employee as well as each of their roles in the program; (ii) The staff's relevant educational background and/or work experience; (iii) Relevant and successful experience running programs whose activities include social services and computer programs that are similar to the eligible program activities described in this NOFA; (b) Hiring Residents (3 points). Three points will be awarded if applicants commit to hiring one to three residents. Small PHAs should hire one person, medium PHAs should hire one to two people, and large PHAs should hire three people in order to get the maximum score. In order to receive points for this subfactor, applicants must explain in their narrative that they will hire residents and indicate the number of residents to be hired, and work they will be assigned. (c) Organizational Capacity (5 Points). Applicants will be evaluated based on whether they have, and/or whether their partners have sufficient qualified personnel to deliver the proposed activities in a timely and effective fashion. In order to enhance or supplement capacity, applicants should provide evidence of partnerships with nonprofit organizations or other organizations that have experience providing community technology services to typically underserved populations. Applicants' narrative must describe their ability to immediately begin the proposed work program. Applicants may scan resumes or position descriptions (where staff is not yet hired) for all key personnel so they become an electronic attachment to your Grants.gov application. Please see the General Section for instructions on how to submit the required information with your electronic application. (Resumes/position descriptions do not count toward the 35- page limit.) (2) Past Performance of Applicant/Contract Administrator (6 Points). Applicants' narrative must describe how they (or their Contract Administrator) successfully implemented grant programs (including those listed below) designed to promote resident self- sufficiency or moving from welfare to work. Applicants' past experience may include, but is not limited to, running programs aimed at assisting residents of low-income housing achieve economic self-sufficiency; e.g., ROSS grants and Youthbuild. Applicants' narrative must indicate the grants they received and managed, the grant amounts, and grant terms (years) of the grants that they are counting towards past experience. Applicants will be evaluated according to the following criteria: (a) Benefits gained by participating residents. These must be measurable. Applicants should describe results their programs have obtained, (e.g., higher incomes, improved grades, higher rates of employment, increased savings, improved literacy, etc.); (b) Description of timely grant expenditure throughout the term of past grants. Timely means regular drawdowns throughout the life of the grant, i.e., quarterly drawdowns, with all funds expended by the end of the grant term; (c) Description of past leveraging. Applicants must describe how they have leveraged funding or in-kind services beyond what was originally proposed for past projects; [[Page 14030]] (3) Program Administration and Fiscal Management (17 Points). (a) Program Administration (10 Points). Applicants should describe how they will manage the program; how HUD can be sure that there is program accountability; and provide a description of proposed staff's roles and responsibilities. Applicants should also describe how grant staff, and partners will report to the Project Coordinator and other senior staff. (b) Fiscal Management (7 Points) In rating this factor, applicants' skills and experience in fiscal management will be evaluated. If applicants have had any audit or material weakness findings in the past five years, they will be evaluated on how well they have addressed them. Applicants must provide the following: (i) A complete description of their fiscal management structure, including fiscal controls currently in place, which includes those of a Contract Administrator for applicants who required one. (i.e., troubled PHAs); (ii) Applicants must list any audit findings in the past five years (HUD Inspector General, management review, fiscal, etc.), material weaknesses and what has been done to address them; (iii) For applicants who are required to have a Contract Administrator, describe the skills and experience the Contract Administrator has in managing Federal funds. b. Rating Factor 2: Need (10 Points) This factor addresses the need for funding an applicant's proposed program. In responding to this factor, applicants will be evaluated on the extent to which they describe and document the level of need for their proposed activities. In responding to this factor, applicants must include: (1) Demonstrated Link Between Proposed Activities and Local Need. (10 points). Applicants' narrative must demonstrate a clear relationship between proposed activities, community needs and the purpose of the program's funding in order for points to be awarded for this factor. c. Rating Factor 3: Soundness of Approach (25 Points) This factor addresses both the quality and cost-effectiveness of applicants' proposed business plan. The business plan must indicate a clear relationship between proposed activities, the targeted population's needs, and the purpose of the program funding. Applicants' activities must address HUD's policy priorities outlined in this Rating Factor. In rating this factor HUD will consider: (1) Quality of the Business Plan (20 points). This factor evaluates both the applicants' business plan and budget which will be evaluated based on the following criteria: (a) Specific Services and/or Activities (9 points). Applicants' narrative must describe the specific services, course curriculum, and activities they plan to offer and who will be responsible for each. In addition to the narrative, applicants must also provide a business listing the specific services, activities, and outcomes they expect. The business plan must show a logical order of activities and progress and must tie to the outcomes and outputs applicants identify in the Logic Model (see Rating Factor 5). Please see a sample business plan in the Appendix (HUD-52766). Applicants' narrative must explain how their proposed activities will: (i) Involve community partners in the delivery of services (4 points); and (ii) Offer comprehensive services versus a small range of services geared toward enhancing economic opportunities for residents. (5 points). (b) Feasibility and Demonstrable Benefits (4 points). This factor examines whether applicants' business plan is logical, feasible and likely to achieve its stated purpose during the term of the grant. HUD's desire is to fund applications that will quickly produce demonstrable results and advance the purposes of the Neighborhood Networks program. (i) Timeliness. This subfactor evaluates whether applicants' business plan demonstrates that their project is ready to be implemented shortly after grant award. In addition, the timing of the application should not exceed three months following the execution of the grant agreement. The business plan must indicate timeframes and deadlines for accomplishing major activities. (ii) Description of the problem and solution. The business plan will be evaluated based on how well applicants' proposed activities address the needs described in Rating Factor 2. (c) Budget Appropriateness/Efficient Use of Grant (7 Points). The score in this factor will be based on the following: (i) Justification of expenses (4 Points). Applicants will be evaluated based on whether their expenses are reasonable, well explained, and support the objectives of their proposal. (ii) Budget Efficiency (3 Points). Applicants will be evaluated based on whether their application requests funds commensurate with the level of effort necessary to accomplish their goals and anticipated results. (d) Ineligible Activities. Two points will be deducted for each ineligible activity proposed in the application, as identified in Section IV(E). For example, you will lose 2 points if you propose costs that exceed the limits identified in the NOFA for a Project Coordinator. (2) Addressing HUD's Policy Priorities (5 points). HUD wants to improve the quality of life for those living in distressed communities. HUD's grant programs are a vehicle for long-term, positive change that can be achieved at the community level. Applicants' narrative and business plan will be evaluated based on how well they meet the following HUD policy priorities: (a) Improving the Quality of Life in Our Nation's Communities. (1 points). In order to receive points in this category, applicants' narrative and business plan must indicate the types of activities, services, and training programs that will be offered. These programs should help residents successfully transition from welfare to work and earn higher wages, or for elderly/disabled residents, to continue to live independently. (b) Providing Full and Equal Access to Grassroots Faith-Based and Other Community-Based Organizations in HUD Program Implementation (1 point). HUD encourages applicants to partner with grassroots organizations, e.g., civic organizations, grassroots faith-based and other community-based organizations. These grassroots organizations have a strong history of providing vital community services such as developing first-time homeownership programs, creating economic development programs, providing job training and other supportive services. In order to receive points under this factor, applicants' narrative and business plan must describe how applicants will work with these organizations and what types of services they will provide. (c) Policy Priority for Increasing the Supply of Affordable Housing Through the Removal of Regulatory Barriers to Affordable Housing (up to 2 points).Under this policy priority, higher rating points are available to (1) governmental applicants that are able to demonstrate successful efforts in removing regulatory barriers to affordable housing, and (2) nongovernmental applicants undertaking activities in jurisdictions that have undertaken successful efforts in removing barriers. For applicants to obtain the policy priority points for efforts to successfully remove regulatory barriers, applicants should complete form HUD 27300, ``Questionnaire for HUD's Initiative on Removal of Regulatory Barriers.'' A copy of HUD's Notice entitled America's Affordable Communities Initiative, HUD's Initiative [[Page 14031]] on Removal of Regulatory Barriers: Announcement of Incentive Criteria on Barrier Removal in HUD's 2004 Competitive Funding Allocations'' can be found on HUD's Web site at http://www.hud.gov/grants/index.cfm. The information and requirements contained in HUD's regulatory barriers policy priority apply to this FY 2005 NOFA. A description of the policy priority and a copy of form HUD 27300 can be found in the General Section. Applicants are encouraged to read the Notice as well as the General Section to obtain an understanding of this policy priority and how it can impact their score. A number of questions expressly request the applicant to provide brief documentation with their response. Other questions require that for each affirmative statement made, the applicant must supply a reference, URL, or a brief statement indicating where the back-up information may be found, and a point of contact, including a telephone number or email address. The electronic copy of the HUD 27300 has space to identify a URL or reference that the material is being scanned and attached to the application as part of the submission or faxed to HUD following the facsimile submission instructions. (d) Energy Star (1 point). HUD has adopted a wide-ranging energy action plan for improving energy efficiency in all program areas. As a first step toward implementing the energy plan, HUD, the Environmental Protection Agency (EPA) and the Department of Energy (DoE) have signed a joint partnership to promote energy efficiency in HUD's affordable housing efforts and programs. The purpose of the Energy Star partnership is to promote energy efficiency of the affordable housing stock, but also to help protect the environment. Applicants constructing, rehabilitating, or maintaining housing or community facilities are encouraged to promote energy efficiency in design and operations. They are urged especially to purchase and use Energy Star labeled products. Applicants providing housing assistance or counseling services are encouraged to promote Energy Star building by homebuyers and renters. Program activities can include developing Energy Star promotional and information materials, outreach to low- and moderate- income renters and buyers on the benefits and savings when using Energy Star products and appliances, and promoting the designation of community buildings and homes as Energy Star compliant. For further information about Energy Star, see http://www.energystar.gov or call 1- 888-STAR-YES (1-888-782-7937) or for the hearing-impaired, 1-888-588- 9920 TTY. Applicants demonstrating that they will meet one or more provisions of this policy priority will receive one point. d. Rating Factor 4: Leveraging Resources (20 Points) (1) This factor addresses the applicant's ability to secure community resources that can be combined with HUD's grant resources in order to achieve program purposes. Applicants are required to create partnerships with organizations that can help achieve their program's goals. PHAs are required by section 12(d)(7) of the U.S. Housing Act of 1937 (entitled ``Cooperation Agreements for Economic Self-Sufficiency Activities'') to make best efforts to enter into such agreements with relevant state or local agencies. In rating this factor, HUD will look at the extent to which applicants partner, coordinate and leverage their services and resources with other organizations serving the same or similar populations. (2) Additionally, applicants must have at least a 25 percent cash or in-kind match. The match is a threshold requirement. Joint applicants must have at least a 25 percent match. Applicants who do not demonstrate the minimum 25 percent match will fail the threshold requirement and will not receive further consideration for funding. Leveraging in excess of the 25 percent of the requested grant amount will receive a higher point value. In evaluating this factor HUD will consider the extent to which applicants have partnered with other entities to secure additional resources. This will increase the effectiveness of the proposed program activities. The additional resources and services must be firmly committed, must support the proposed grant activities and must, in combined amount (including in- kind contributions of personnel, space and/or equipment, and monetary contributions) equal at least 25 percent of the grant amount requested in this application. ``Firmly committed'' means that the amount of resources and their dedication to Neighborhood Networks-funded activities must be explicit, in writing, and signed by a person authorized to make the commitment. Please see the section on Threshold Requirements for more information. (3) Points for this factor will be awarded based on the documented evidence of partnerships and firm commitments and the ratio of requested Neighborhood Networks funds to the total proposed grant budget. Points will be assigned based on the following scale: -------------------------------------------------------------------------------------------------------------------------------------------------------- Percentage of match Points awarded -------------------------------------------------------------------------------------------------------------------------------------------------------- 25....................................... 5 points (with partnerships) 3 points (without partnerships). 26-50.................................... 10 points (with partnerships) 8 points (without partnerships). 51-75.................................... 15 points (with partnerships) 13 points (without partnerships). 76 or above.............................. 20 points (with partnerships) 18 points (without partnerships). -------------------------------------------------------------------------------------------------------------------------------------------------------- e. Rating Factor 5: Achieving Results and Program Evaluation (10 Points) (1) An important element in this year's NOFA is the development and reporting of performance measures and outcomes. This factor emphasizes HUD's determination to ensure that applicants meet commitments made in their applications and grant agreements. They are also required to assess their performance so they can measure performance goals. Applicants must demonstrate how they propose to measure their success and outcomes relating to the Department's Strategic Plan. HUD requires NN applicants to develop an effective, quantifiable, outcome-oriented plan for measuring performance and determining that goals have been met. Applicants must use the Logic Model form (HUD-96010) for this purpose. (2) Applicants must establish interim benchmarks, or outputs, for their proposed program that lead to the ultimate achievement of outcomes. ``Outputs'' are the direct products of a program's activities. Examples of outputs are: the number of eligible families that participate in supportive services, the number of new services provided, the number of residents, or the number of households using a technology center. Outputs should produce outcomes for your program. ``Outcomes'' are benefits accruing to the residents, families and/or communities during or after participation in the NN program. Applicants must clearly identify the outcomes to be achieved and measured. Examples of outcomes are: increasing academic achievement in [[Page 14032]] youth, increasing residents' financial stability (e.g. increasing assets of a household through savings), or increasing employment stability (e.g., whether persons assisted obtain or retain employment for one or two years after job training completion). Outcomes are not the actual development or delivery of services or program activities. (3) This rating factor requires that applicants identify program outputs, outcomes, and performance indicators that will allow applicants to measure their performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Applicants' narrative, business plan, and Logic Model should identify what applicants are going to measure, how they are going to measure it, and the steps they have in place to make adjustments if performance targets begin to fall short of established benchmarks and timeframes. Applicants' proposals must also show how they will measure the performance of partners and affiliates. Applicants must include the standards, data sources, and measurement methods they will use to measure performance. In order to respond to this factor, applicants should use the sample performance measures located in the Appendix (HUD-52758) as a guide. Applicants will be evaluated based on how comprehensively they propose to measure their program's outcomes; e.g. whether the Logic Model tracks activities and outcomes resulting from the proposed activities, whether the Logic Model identifies evaluation tools and sources, and whether the Logic Model provides output and outcome information for the short, medium and long-term. B. Review and Selection Process: 1. Review Process. Four types of reviews will be conducted: a screening to determine if you are eligible to apply for funding under the Neighborhood Networks category; whether your application submission is complete, on time and meets threshold; a review by the field office to evaluate past performance; and a technical review to rate your application based on the five rating factors provided in this NOFA. 2. Selection Process: The selection process is designed to achieve geographic diversity of grant awards throughout the country. HUD will first select the highest ranked application from each of the ten federal regions. After this ``round,'' HUD will select the second highest ranked application in each of the ten federal regions for funding (the second round). HUD will continue this process with the third, fourth, and so on, highest ranked applications in each federal region until the last complete round is selected for funding. If available funds exist to fund some but not all eligible applications in the next round, HUD will make awards to those remaining applications in rank order (by score). In this round, selections will be made regardless of region and will fully fund as many as possible with remaining funds. If remaining funds are too small to make an award, they will be applied to funding the fiscal year 2006 Neighborhood Networks program, assuming new funding is made available. 3. Tie Scores. In the event of a tie between two applications, HUD will select the application that was received first. 4. Deficiency Period. Applicants will have fourteen calendar days in which to provide missing information requested from HUD. For other information on correcting deficient applications, please see the General Section. VI. Award Administration Information: A. Award Notices: HUD will make announcements of grant awards after the rating and ranking process is completed. Grantees will be notified by letter. The letter will contain instructions and the steps they must take to access funding and begin implementing grant activities. Applicants who are not funded will also receive letters via U.S. postal mail. B. Debriefings: Applicants who are not funded may request a debriefing. Applicants requesting to be debriefed must send a written request to: Iredia Hutchinson, Director, Grants Management Center, 501 School Street, SW., Suite 800, Washington, DC 20024. Please refer to the General Section for additional information on debriefings. C. Administrative and National Policy Requirements: 1. Applicable Requirements. Grantees are subject to regulations and other requirements found in: a. 24 CFR 85 ``Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments''; b. 24 CFR Part 905 ``The Public Housing Capital Fund Program''; c. 24 CFR Part 968 ``Public Housing Modernization''; d. OMB Circular A-87 ``Cost Principles for State, Local, and Indian Tribal Governments''; and e. OMB Circular A-133 ``Audits of States, Local Governments, and Non-Profit Organizations''. 2. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Applicants and grantees must also comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u and ensure that training, employment, and other economic opportunities shall, to the greatest extent feasible, be directed toward low and very low- income persons, particularly those who are recipients of government assistance for housing and to business concerns which provide economic opportunities to low and very low-income persons. 3. Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects. For further information see the General Section. 4. Fair Housing and Civil Rights Laws. Applicants and their subrecipients must comply with all Fair Housing and Civil Rights laws, statutes, regulations, and Executive Orders as enumerated in 24 CFR 5.105(a), as applicable. Please see the General Section for more information. 5. Environmental Impact. Some activities under this Neighborhood Networks program section will be excluded and not subject to environmental review under 24 CFR 58.34(a)(3), (a)(8) or (a)(9), 58.35(b)(2) or (b)(3), 50.19(b)(3), (b)(8), (b)(9), (b)(12), or (b)(13). Some will be subject to environmental review. Any applicant proposing any long-term leasing or physical development activities, and its partners, are prohibited from constructing, rehabilitating, converting, leasing, repairing or constructing property, or committing or expending HUD or non-HUD funds for these types of program activities, until the following has occurred: HUD has approved the grantee's Request for Release of Funds (HUD Form 7015.15) following a Responsible Entity's completion of an environmental review under 24 CFR part 58, where required, or if HUD has determined in accordance with 24 CFR 58.11 to perform the environmental review itself under 24 CFR part 50, HUD has completed the environmental review. 6. Wage Rates. Laborers and mechanics employed in the development and operation of Neighborhood Networks facilities must be paid Davis- Bacon or HUD-determined prevailing wage rates, respectively, unless they meet the qualifications of a volunteer (see Section III.C.1.a of this program section). [[Page 14033]] 7. Provision of Services to Individuals with Limited English Proficiency (LEP). Successful applicants and grantees must seek to provide access to program benefits and information to LEP individuals through translation and interpretive services in accordance with HUD's LEP Recipient Guidance 68 FR 70968. 8. Communications. Successful applicants should ensure that notices of and communications during all training sessions and meetings be effective for persons who have hearing and/or visual disabilities consistent with Section 504, see 24 CFR 8.6. 9. Procurement of Recovered Materials. State agencies or a political subdivision of a state that are using assistance under a HUD program NOFA, must comply with the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. In addition, any person contracting with such an agency with respect to work performed under an assisted contract, must comply with the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. Please see the General Section for more information. D. Reporting: 1. Semi-Annual Performance Reports. Grantees shall submit semi- annual performance reports to the local HUD field office. These progress reports shall include financial reports (SF-269A) and a narrative describing milestones, business plan progress, problems encountered and methods used to address these problems. HUD anticipates that some of the reporting of financial status and grant performance will be through electronic or Internet-based submissions. Grantees shall use quantifiable data to measure performance against goals and objectives outlined in their business plan. Applicants that receive awards from HUD should be prepared to report on additional measures that HUD may designate at time of award. Performance reports are due to the field office on July 30 and January 31 of each year. If reports are not received by the due date, grant funds will not be advanced until reports are received. 2. Final Report. All grantees shall submit a final report to their local field office. This reports must include a financial report (SF- 269A) and a narrative evaluating overall performance against their business plan. Grantees shall use quantifiable data to measure performance against goals and objectives outlined in their business plan. The financial report shall contain a summary of all expenditures made from the beginning of the grant agreement to the end of the grant agreement and shall include any unexpended balances. The final narrative and financial report shall be due to the field office 90 days after the termination of the grant agreement 3. Logic Model. For each semi-annual reporting period, you must include a completed Logic Model (Form HUD 96010), which identifies output and outcome achievements. These semi-annual reporting periods are required. A completed Logic Model must also be provided with the final report showing cumulative outputs and outcomes for the entire award period. VII. Agency Contact(s) For questions and technical assistance, applicants may call the Public and Indian Housing Information and Resource Center at 800-955- 2232. For the hearing or speech impaired, please call the Federal Relay Service at 800-877-8339. VIII. Other Information A. Code of Conduct: See the General Section of the SuperNOFA for more information. B. Transfer of Funds: HUD does not have the discretion to transfer funds for the Neighborhood Networks category to or from any other grant program. C. Paperwork Reduction Act: The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2577-0229. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average ten hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. D. Appendix of Forms: The forms specific to the Neighborhood Networks Program follow. [[Page 14034]] [GRAPHIC] [TIFF OMITTED] TN21MR05.184 [[Page 14035]] [GRAPHIC] [TIFF OMITTED] TN21MR05.185 [[Page 14036]] [GRAPHIC] [TIFF OMITTED] TN21MR05.186 [[Page 14037]] [GRAPHIC] [TIFF OMITTED] TN21MR05.187 [[Page 14038]] [GRAPHIC] [TIFF OMITTED] TN21MR05.188 [[Page 14039]] [GRAPHIC] [TIFF OMITTED] TN21MR05.189 [[Page 14040]] [GRAPHIC] [TIFF OMITTED] TN21MR05.190 [[Page 14041]] [GRAPHIC] [TIFF OMITTED] TN21MR05.191 [[Page 14042]] [GRAPHIC] [TIFF OMITTED] TN21MR05.192 [[Page 14043]] [GRAPHIC] [TIFF OMITTED] TN21MR05.193 [[Page 14044]] [GRAPHIC] [TIFF OMITTED] TN21MR05.194 [[Page 14045]] [GRAPHIC] [TIFF OMITTED] TN21MR05.195 [[Page 14046]] [GRAPHIC] [TIFF OMITTED] TN21MR05.196 [[Page 14047]] [GRAPHIC] [TIFF OMITTED] TN21MR05.197 [[Page 14048]] [GRAPHIC] [TIFF OMITTED] TN21MR05.198 [[Page 14049]] [GRAPHIC] [TIFF OMITTED] TN21MR05.199 [[Page 14050]] [GRAPHIC] [TIFF OMITTED] TN21MR05.200 [[Page 14051]] [GRAPHIC] [TIFF OMITTED] TN21MR05.201 [[Page 14052]] [GRAPHIC] [TIFF OMITTED] TN21MR05.202 [[Page 14053]] [GRAPHIC] [TIFF OMITTED] TN21MR05.203 [[Page 14054]] [GRAPHIC] [TIFF OMITTED] TN21MR05.204 [[Page 14055]] Resident Service Delivery Models-Family, Resident Service Delivery Models-Elderly/Persons with Disabilities, and Homeownership Supportive Services Under the Resident Opportunity and Self-Sufficiency (ROSS) Program Overview Information A. Federal Agency Name: U.S. Department of Housing and Urban Development, Office of Public and Indian Housing. B. Funding Opportunity Title: Resident Service Delivery Models- Family, Resident Service Delivery Models-Elderly/Persons with Disabilities, and Homeownership Supportive Services under the Resident Opportunity and Self-Sufficiency (ROSS) program. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA is: FR-4950-N-22. The OMB approval number is: 2577-0229. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): Resident Opportunity and Self Sufficiency, 14.870. F. Dates: Resident Service Delivery Models-Elderly/Persons with Disabilities: The application submission date is July 6, 2005. Please see the General Section of the SuperNOFA for application submission and timely receipt requirements. Resident Service Delivery Models-Family: The application submission date is July 25, 2005. Please see the General Section of the SuperNOFA for application submission and timely receipt requirements. Homeownership Supportive Services: The application submission date is May 26, 2005. Please see the General Section of the SuperNOFA for application submission and timely receipt requirements. G. Optional, Additional Overview Content Information: 1. Purpose of Program: The purpose of the Public and Indian Housing Resident Opportunity and Self Sufficiency (ROSS) program is to provide grants to public housing agencies (PHAs), tribes/tribally designated housing entities (TDHEs), Resident Associations (RAs), and nonprofit organizations, including grassroots, faith-based and other community- based organizations for the delivery and coordination of supportive services and other activities designed to help public and Indian housing residents attain economic self-sufficiency and elderly residents and residents with disabilities continue to live independently. 2. Funding Available: A total of approximately $58.1 million is available for ROSS in fiscal year 2005. 3. Award Amounts: Awards, depending on the grant category, unit count and type of grantee, will range from $125,000 to $1,000,000. Please see each program description for more specific information about funding amounts. 4. Eligible Applicants: Eligible applicants are PHAs; tribes/TDHEs; nonprofit organizations including grassroots faith-based and other community-based organizations that have resident support or the support of tribes; RAs; resident councils (RCs); resident organizations (ROs); City-Wide Resident Organizations (CWROs); Intermediary Resident Organizations (IROs); Jurisdiction-Wide Resident Organizations; Regional Resident Organizations; Resident Management Corporations (RMCs); Site-Based Resident Organizations; Statewide Resident Organizations (SRO); and Tribal/TDHE resident groups. The term ``resident association'' or ``RA'' will be used to refer to all types of eligible resident organizations. Please see the section on ``Definition of Terms'' for a complete definition of each type of eligible resident organization. Resident Associations are not eligible for the Homeownership Supportive Services program. See each program for more specific eligibility information. 5. Cost Sharing/Match Requirement: At least 25 percent of the requested grant amount is required as a match. The match may be in cash and/or in-kind donations. The match is a threshold requirement. 6. Grant term: The grant term for each funding category is three years from the execution date of the grant agreement. ---------------------------------------------------------------------------------------------------------------- Grant program Total funding Eligible applicants Maximum grant amount ---------------------------------------------------------------------------------------------------------------- Resident Service Delivery Models-- $22.9 million.......... PHAs................... $250,000 for PHAs with Family. 1-780 units. $350,000 for PHAs with 781- 2,500 units. $500,000 for PHAs with 2,501- 7,300 units. $1,000,000 for PHAs with 7,301 or more units. ....................... Resident Associations.. $125,000. ....................... Non-profit entities.... $125,000 per RA; Maximum award is $375,000. ....................... Tribes/TDHEs........... $250,000 for Tribes with 1-780 units. $350,000 for Tribes with 781-2,500 units. $500,000 for Tribes with 2,501-7,300 units. $1,000,000 for Tribes with 7,301 or more units. Resident Service Delivery Models-- $16.27 million......... PHAs................... $250,000 for PHAs with Elderly and Persons with 1-217 units. $350,000 Disabilities. for PHAs with 218- 1,155 units. $450,000 for PHAs with 1,156 or more units. ....................... Resident Associations.. $125,000. ....................... Non-profit entities.... $125,000 per RA; Maximum award is $375,000. ....................... Tribes/TDHEs........... $250,000 for Tribes with 1-217 units. $350,000 for Tribes with 218-1,155 units. $450,000 for Tribes with 1,156 or more units. Homeownership Supportive Services.... $18.9 million.......... PHAs................... $250,000 for PHAs with 1-780 units. $350,000 for PHAs with 781- 2,500 units. $500,000 for PHAs with 2,501- 7,300 units. $1,000,000 for PHAs with 7,301 or more units. [[Page 14056]] ....................... Non-profit entities.... $125,000 per RA; Maximum award is $375,000. ....................... Tribes/TDHEs........... $250,000 for Tribes with 1-780 units. $350,000 for Tribes with 781-2,500 units. $500,000 for Tribes with 2,501-7,300 units $1,000,000 for Tribes with 7,301 or more units. ---------------------------------------------------------------------------------------------------------------- Full Text of Announcement I. Funding Opportunity Description A. Resident Services Delivery Models-Family (RSDM-Family): The purpose is to provide funding to assist PHAs, tribes/TDHEs, RAs, nonprofit organizations which include grassroots community based organizations, inclusive of faith-based organizations, create programs which will help residents achieve economic self-sufficiency. Applicants must submit proposals that will link residents with services such as job training and educational opportunities that facilitate self- sufficiency. B. Resident Services Delivery Models-Elderly/Persons with Disabilities (RSDM-Elderly): This category is intended to provide PHAs, Indian tribes/TDHEs, RAs, and nonprofit organizations with the resources to provide and coordinate supportive services that will help elderly and/or disabled Public and Indian Housing residents continue to live independently. C. Homeownership Supportive Services (HSS): The HSS category provides funds for PHAs, tribes/TDHEs, and qualified nonprofit organizations to deliver homeownership training, counseling and supportive services for residents of Public and Indian housing who are participating or have participated in self-sufficiency programs, such as ROSS, Public Housing Family Self-Sufficiency (FSS) or other federal, state, or local self-sufficiency programs. HSS is designed to enhance other self-sufficiency efforts by providing public housing residents with the necessary preparation and supportive services they need in order to move from subsidized rental housing to homeownership. PHAs, tribes/TDHEs, and nonprofit organizations specializing in homeownership training and counseling are eligible to apply. D. Definition of Terms: 1. City-Wide Resident Organization consists of members from Resident Councils, Resident Management Corporations, and Resident Organizations who reside in public housing developments that are owned and operated by the same PHA within a city. 2. Community Facility means a non-dwelling structure that provides space for multiple supportive services for the benefit of public or Indian housing residents and others eligible for the services provided. Supportive services may include but are not limited to: a. Job-training; b. After-school activities for youth; c. Neighborhood Networks (formerly Twenty/20 Education Communities (TECs), Campus of Learners activities); d. English as a Second Language (ESL) classes; and e. Child care. 3. Contract Administrator means an overall grant administrator or a financial management agent (or both) that oversees the implementation of the grant and/or the financial aspects of the grant. (See the ``Program Requirements'' and ``Threshold Requirements'' sections for more information.) 4. Elderly person means a person who is at least 62 years of age. 5. Jurisdiction-Wide Resident Organization means an incorporated nonprofit organization or association that meets the following requirements: a. Most of its activities are conducted within the jurisdiction of a single housing authority; b. There are no incorporated resident councils or resident management corporations within the jurisdiction of the single housing authority; c. It has experience in providing start-up and capacity-building training to residents and resident organizations; and d. Public housing residents representing unincorporated resident councils within the jurisdiction of the single housing authority must comprise a majority of the board of directors. 6. Tribally Designated Housing Entity (TDHE) is an entity authorized or established by one or more Indian tribe to act on behalf of each such tribe authorizing or establishing the housing entity. 7. Indian Tribe means any tribe, band, nation, or other organized group of a community of Indians, including any Alaska native village, regional, or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, and that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self Determination and Education Act of 1975. 8. Intermediary Resident Organizations means jurisdiction-wide resident organizations, citywide resident organizations, statewide resident organizations, regional resident organizations, and national resident organizations. 9. NAHASDA-assisted resident means a resident of a tribe (as defined above) who has been assisted by the Native American Housing Assistance and Self-Determination Act (NAHASDA) of 1996 . 10. National Resident Organization (NRO) is an incorporated nonprofit organization or association for public housing that meets each of the following requirements: a. It is national (i.e., conducts activities or provides services in at least two HUD areas or two states); b. It has the capacity to provide start-up and capacity-building training to residents and resident organizations; and c. Public housing residents representing different geographical locations in the country are members of the board of directors. 11. Nonprofit organization is an organization that is exempt from federal taxation. A nonprofit organization can be organized for the following purposes: charitable, religious, educational, scientific, or other similar purposes in the public interest. In order to qualify, an organization must be a corporation, community chest, fund, or foundation. An individual or partnership will not qualify. To obtain nonprofit status, qualified organizations must file an application with the Internal Revenue Service (IRS) and receive designation as such by the IRS. For more information, go to www.irs.gov. Applicants who are in the process of applying for nonprofit status, but have not yet received nonprofit designation from the IRS, will not be considered nonprofit organizations. All nonprofit applicants [[Page 14057]] must submit their IRS determination letter to prove their nonprofit (e.g., 501(c)(3)) status. Please see the section on ``Threshold Requirements'' for more information. Nonprofit applicants must also provide letters of support as described in the ``Threshold Requirements'' section. 12. National nonprofit organizations work on a national basis and have the capacity to mobilize resources on both a national and local level. All nonprofit applicants must submit their IRS determination letter to prove their nonprofit (e.g., 501(c)(3)) status. National nonprofit applicants must also provide letters of support as outlined in the ``Threshold Requirements'' section. 13. Past Performance is a threshold requirement. Using Rating Factor 1, HUD's field offices will evaluate applicants for past performance to determine whether an applicant has the capacity to manage the grant for which they are applying. The area Office of Native American Programs (ONAP) will review past performance for tribal/TDHE submissions. Field offices will evaluate the past performance of contract administrators for applicants required to have a contract administrator. 14. Person with disabilities means a person who: a. Has a condition defined as a disability in section 223 of the Social Security Act; or b. Has a developmental disability as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act. The term ``person with disabilities'' does not exclude persons who have acquired immunodeficiency syndrome (HIV/AIDS) or any conditions arising from the etiologic agent for AIDS. In addition, no individual shall be considered a person with disabilities, for purposes of eligibility for low-income housing, solely on the basis of any drug or alcohol dependence. The definition of a person with disabilities contained in section 504 of the Rehabilitation Act of 1973 and its implementing regulations must be used for purposes of reasonable accommodations. 15. Project Coordinator is responsible for coordinating the grantee's approved activities to ensure that grant goals and objectives are met. A qualified project coordinator is someone with experience managing projects and preferably has experience working with supportive services. The project coordinator and grantees are responsible for ensuring that all federal requirements are followed. 16. Resident Association (RA) means any or all of the forms of resident organizations as they are defined elsewhere in this Definitions section and includes Resident Councils (RC), Resident Management Corporations (RMC), Regional Resident Organizations (RRO), Statewide Resident Organizations (SRO), Jurisdiction-Wide Resident Organizations, and National Resident Organizations (NRO). The NOFA will use ``Resident Association'' or ``RA'' to refer to all eligible types of resident organizations. See 24 CFR 964.115 for more information. 17. Regional Resident Organization (RRO) means an incorporated nonprofit organization or association for public housing that meets each of the following requirements: a. The RRO is regional (i.e., not limited by HUD Areas); b. The RRO has experience in providing start-up and capacity- building training to residents and resident organizations; and c. Public housing residents representing different geographical locations in the region must comprise the majority of the board of directors. 18. Resident Management Corporation (RMC) means an entity that proposes to enter into, or enters into a contract to conduct one or more management activities of a PHA and meets the requirements of 24 CFR 964.120. 19. Resident Organization (RO) for tribal entities means an incorporated or unincorporated nonprofit tribal organization or association that meets each of the following criteria: a. It shall consist of residents only, and only residents may vote; b. If it represents residents in more than one development or in all of the developments of the tribal/TDHE community, it shall fairly represent residents from each development that it represents; c. It shall adopt written procedures providing for the election of specific officers on a regular basis; and d. It shall have an elected governing board. 20. Secretary means the Secretary of Housing and Urban Development. 21. Site-Based Resident Associations means resident councils or resident management corporations representing a specific public housing development. 22. Statewide Resident Organization (SRO) is an incorporated nonprofit organization or association for public housing that meets the following requirements: a. The SRO is statewide; b. The SRO has experience in providing start-up and capacity- building training to residents and resident organizations; and c. Public housing residents representing different geographical locations in the state must comprise the majority of the Board of Directors. 23. Tribal/TDHE Resident Group means tribal/TDHE resident groups that are democratically elected groups such as IHA-wide resident groups, area-wide resident groups, single development groups, or resident management corporations (RMCs). E. Regulations Governing the ROSS Grant: Resident Service Delivery Models-Family, Resident Service Delivery Models-Elderly/Persons with Disabilities, and Homeownership Supportive Services are governed by 24 CFR Part 964. II. Award Information A. Information for All Grant Categories and All Applicants 1. Grant Period. Three years. The grant period shall begin the day the grant agreement and the form HUD-1044, ``Assistance Award/ Amendment'' are signed by both the grantee and HUD. 2. Grant Extensions. Requests to extend the grant term beyond the originally established grant term must be submitted in writing by the grantee to the local HUD field office or area ONAP at least 90 days prior to the expiration of the grant term. Requests must explain why the extension is necessary, what work remains to be completed, and what work and progress was accomplished to date. Extensions may be granted only once by the field office for a period not to exceed six months. 3. Type of Award. Grant agreement. 4. Subcontracting. Subcontracting is permitted. Grantees must follow federal procurement regulations found in HUD regulations at 24 CFR 84.40-84.48 and 24 CFR 85.36. B. Resident Services Delivery Models--Family 1. Total Funding. The Department expects to award $22,950,000 ($15,000,000 appropriated and $7,950,000 of carryover) under this category. Awards will be made as follows: a. PHAs must use the number of occupied conventional family public housing units as of September 30, 2004, per their budget to determine the maximum grant amount they are eligible for in accordance with the categories listed below. PHAs should clearly indicate on the Fact Sheet the number of units under their Annual Contributions Contract. [[Page 14058]] ------------------------------------------------------------------------ Maximum Number of conventional units funding ------------------------------------------------------------------------ 1-780 units............................................. $250,000 781-2,500 units......................................... 350,000 2501-7,300 units........................................ 500,000 7,301 or more units..................................... 1,000,000 ------------------------------------------------------------------------ b. The maximum grant award is $125,000 for each RA. c. Nonprofit organizations that have resident support or the support of tribes or RAs are limited to $125,000 for each RA. A nonprofit organization may submit a single application for no more than three different RAs from the same PHA for a maximum grant award of $375,000. Nonprofit organizations may submit more than one application provided they target residents of distinct PHAs or tribes/TDHEs. In cases where nonprofit applicants are not able to obtain support from RAs, they must obtain letters of support from PHAs, tribes/TDHEs and they may also submit letters from one or more of the following: Resident Advisory Boards (RABs), local civic organizations, or units of local government. NOTE: All nonprofit applicants that do not include letters of support from RAs must include a letter of support from PHAs or tribes/TDHEs (please see Threshold Requirements for more information). Funding for nonprofit applicants that do not receive letters of support from RAs will be determined as follows (support letters from PHAs must indicate the developments to be served by the nonprofit organization as well as the number of occupied conventional family public housing units in those developments): ------------------------------------------------------------------------ Maximum Number of conventional units funding ------------------------------------------------------------------------ 1-2,500 units........................................... $125,000 2501-7,300 units........................................ 250,000 7,301 or more units..................................... 375,000 ------------------------------------------------------------------------ Applicants should see the General Section of the SuperNOFA for instructions on submitting support letters and other documentation with their electronic application. d. Tribes/TDHEs should use the number of units counted as Formula Current Assisted Stock for Fiscal Year 2004 as defined in 24 CFR 1000.316. Tribes/TDHEs are eligible for the same amounts as PHAs within each category in (a) above. Tribes that have not previously received funds from the Department under the U.S. Housing Act of 1937 should count housing units under management that are owned and operated by the Tribe and are identified in their housing inventory as of September 30, 2004, for family units. Tribes should clearly indicate the number of units under management on the Fact Sheet. C. Resident Services Delivery Models--Elderly/Persons with Disabilities 1. Total Funding. The Department expects to award $16,272,000 (10,672,000 appropriated and 5,600,000 of carryover funds) under this category. Awards will be made as follows: a. PHAs must use the number of occupied elderly and disabled conventional public housing units as of September 30, 2004, per their budget to determine the maximum grant amount they are eligible for in accordance with the categories listed below. PHAs should clearly indicate the number of units under their Annual Contributions Contract on the Fact Sheet. ------------------------------------------------------------------------ Maximum Number of conventional units funding ------------------------------------------------------------------------ 1-217 units............................................. $250,000 218-1,155 units......................................... 350,000 1,156 or more units..................................... 450,000 ------------------------------------------------------------------------ b. The maximum grant award is $125,000 for each RA. c. Nonprofit organizations that have resident support or the support of tribes or RAs are limited to $125,000 for each RA. A nonprofit organization may submit a single application for no more than three different RAs from the same PHA for a maximum grant award of $375,000. Nonprofit organizations may submit more than one application provided they target residents of distinct PHAs or tribes/TDHEs. In cases where nonprofit applicants are not able to obtain support from RAs, they must obtain letters of support from PHAs, tribes/TDHEs and they may also submit letters of support from one or more of the following: Resident Advisory Boards (RABs), local civic organizations, or units of local government. Note: All nonprofit applicants that do not include letters of support from RAs must include a letter of support from PHAs or tribes/TDHEs (please see Threshold Requirements for more information). Funding for nonprofit applicants that do not receive letters of support from RAs will be determined as follows (support letters from PHAs must indicate the developments to be served by the nonprofit organization as well as the number of occupied conventional elderly/ disabled public housing units in those developments): ------------------------------------------------------------------------ Maximum Number of conventional units funding ------------------------------------------------------------------------ 1-217 units............................................. $125,000 218-1,155 units......................................... 250,000 1,156 or more units..................................... 375,000 ------------------------------------------------------------------------ Applicants should see the General Section of the SuperNOFA for instructions on submitting support letters and other documentation with their electronic application. d. Tribes/TDHEs should use the number of units counted as Formula Current Assisted Stock for Fiscal Year 2004 as defined in 24 CFR 1000.316. Tribes/TDHEs are eligible for the same amounts as PHAs within each category in (a) above. Tribes that have not previously received funds from the Department under the 1937 Housing Act should count housing units under management that are owned and operated by the Tribe and are identified in their housing inventory as of September 30, 2004, for elderly/disabled units. Tribes should clearly indicate the number of units under management on the Fact Sheet. D. Homeownership Supportive Services 1. Total Funding. The Department expects to award $18,900,000 ($12,400,000 appropriated and $6,500,000 of carryover funds) under this category. Awards will be made as follows: a. PHAs must use the number of occupied conventional family public housing units as of September 30, 2004, per their budget to determine the maximum grant amount they are eligible for in accordance with the categories listed below. PHAs should clearly indicate the number of units under their Annual Contributions Contract on the Fact Sheet. ------------------------------------------------------------------------ Maximum Number of conventional units funding ------------------------------------------------------------------------ 1-780 units............................................. $250,000 781-2,500 units......................................... 350,000 2501-7,300 units........................................ 500,000 7,301 or more units..................................... 1,000,000 ------------------------------------------------------------------------ b. Nonprofit organizations that have resident support or the support of tribes or RAs are limited to $125,000 for each RA. A nonprofit organization may submit a single application for no more than three different RAs from the same PHA for a maximum grant award of $375,000. Nonprofit organizations may submit more than one application provided they target residents of distinct PHAs or tribes/TDHEs. In cases where nonprofit applicants are not able to obtain support from RAs, they must obtain letters of support from PHAs, tribes/TDHEs and they may also submit letters of support from one or more of [[Page 14059]] the following: Resident Advisory Boards (RABs), local civic organizations, or units of local government. Note: All nonprofit applicants that do not include letters of support from RAs must include a letter of support from PHAs or tribes/TDHEs (please see Threshold Requirements for more information). Funding for nonprofit applicants that do not receive letters of support from RAs will be determined as follows (support letters from PHAs must indicate the developments to be served by the nonprofit as well as the number of occupied conventional family public housing units in those developments): ------------------------------------------------------------------------ Maximum Number of conventional units funding ------------------------------------------------------------------------ 1-2,500 units........................................... $125,000 2501-7,300 units........................................ 250,000 7,301 or more units..................................... 375,000 ------------------------------------------------------------------------ RAs are not eligible to apply for funding under the HSS category. Applicants should see the General Section of the SuperNOFA for instructions on submitting support letters and other documentation with their electronic application. c. Tribes/TDHEs should use the number of units counted as Formula Current Assisted Stock for Fiscal Year 2004 as defined in 24 CFR 1000.316. Tribes/TDHEs are eligible for the same amounts as PHAs within each category in (a) above. Tribes that have not previously received funds from the Department under the U.S. Housing Act of 1937 should count housing units under management that are owned and operated by the Tribe and are identified in their housing inventory as of September 30, 2004, for family units. Tribes should clearly indicate the number of units under management on the Fact Sheet. III. Eligibility Information A. Eligible Applicants 1. RSDM--Family. This funding category provides grants to PHAs, tribes/TDHEs, RAs, and nonprofit organizations supported by resident organizations or PHAs, tribes/TDHEs, and RABs, local civic organizations or units of local government. 2. RSDM--Elderly/Persons with Disabilities. This funding category provides grants to PHAs, tribes/TDHEs, RAs, and nonprofit organizations supported by resident organizations or PHAs, tribes/TDHEs and RABs, local civic organizations or units of local government. PHAs that are recipients of the Elderly/Disabled renewal Service Coordinator grant are not eligible to apply for this ROSS funding category. 3. Homeownership Supportive Services. This funding category provides grants to PHAs, tribes/TDHEs and qualified nonprofit organizations that have the support of resident organizations or PHAs, tribes/TDHEs and RABs, local civic organizations or units of local government. Resident Associations are not eligible to apply for funding under this category. B. Cost Sharing or Matching Information for All Grant Categories and All Applicants: The match is a threshold requirement. Applicants who do not demonstrate the minimum 25 percent match will fail the threshold requirement and will not receive further consideration for funding. Please see the section below on threshold requirements for more information on what is required for the match. C. Other 1. Eligible Activities a. RSDM--Family. HUD is looking for applications that implement comprehensive programs within the three year grant term which will result in improved economic self-sufficiency for Public and Indian housing residents. HUD is looking for proposals that involve partnerships with organizations that will enhance grantees' ability to provide educational programs, housing counseling, including fair housing counseling, job training and other supportive services for residents. All applicants must complete a work plan (see sample work plans on HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm) covering the three-year grant term. The eligible activities are listed in four categories, from basic to advanced: Life-Skills Training; Job Training, Job Search and Placement Assistance; Post Employment Follow-up; and finally, Activities to Support Career Advancement and Long-term Economic Self- Sufficiency. Applicants are not limited to choosing one category of activity, but rather should design their programs to address the specific needs of the population they are targeting. Applicants are encouraged to pull from all categories and activities listed. Funds may be used for the activities described below. (1) Hiring of a qualified project coordinator to run the grant program. A qualified project coordinator must have at least two years of experience managing programs and should have experience working on supportive services programs. The project coordinator should be hired for the entire three-year term of the grant. The project coordinator is responsible for: (a) Marketing the program to residents; (b) Assessing participating residents' skills and job-readiness; (c) Assessing participating residents' needs for supportive services, e.g., child care, transportation costs, etc. (d) Assisting a tribe or TDHE to create a resident group to promote self-sufficiency efforts on the reservation; (e) Designing and coordinating grant activities based on residents' needs and the local labor market; and (f) Monitoring the progress of program participants and evaluating the overall success of the program. A portion of grant funds should be reserved to ensure that evaluations can be completed for all participants who received training through this program. For more information on how to measure performance, please see Rating Factor 5 in the ``Application Review Information'' section of this NOFA. (2) Life-skills Training (for Youth and Adults). Applicants' proposals can cover the following types of activities: (a) Credit. The importance of having good credit and how to maintain good credit. (b) Banking and Money Management. How to open a bank account; balance a checkbook; create a weekly spending budget and establish contingency plans for child care and transportation, etc. (c) Real Life Issues. Information on tax forms; voter registration; leases; car insurance; health insurance; long-term care insurance; etc. (d) Literacy training and GED preparation. (e) College preparatory courses and information. (f) Goal setting. (g) Mentoring. (h) Hiring residents to help with the implementation of this grant program. NOTE: Stipends and salaries serve different purposes. Resident salaries can only be used to hire residents to help grant program staff with the implementation of grant activities. (3) Job Training, Job Search and Placement Assistance. Eligible activities include: (a) Skills Assessment of participating residents. (b) Applying for a job. How to complete employment forms; highlighting skills employers are looking for; researching job opportunities in the area; calculating net wages. (c) Soft skills training including problem solving and other cognitive skills; oral and written communication skills; workplace norms (appropriate dress, punctuality, respectful communication, etc.), work ethic; interpersonal and teamwork skills. [[Page 14060]] (d) Creating job training and placement programs. (e) Resume writing. (f) Interviewing techniques. (g) Employer linkage and job placement. Working with local employers and job placement providers to design and offer training that addresses local employers' needs, create a job placement program that refers trained residents to participating employers and other local area employers. (h) Career advancement and planning programs. Such programs should be designed to: (i) Career goal setting; (ii) Provide strategies such as finding a strong professional mentor within an organization residents may be working for and focusing on the organization's priorities. (iii) Reinforce welfare-to-work programs and focus efforts on increasing residents' earning capacity. Activities can include job counseling, helping residents secure better paying jobs or jobs in better work environments, preparing for work in a new job category, obtaining additional job skills and other job-related or educational training. (iv) Working with local employers, to create opportunities that combine education and skills training with jobs. Strategies that promote work-based learning can offer the most effective method for giving new workers the tools they need to move on to a career ladder and achieve upward mobility. (4) Post-employment follow-up. After placing residents in jobs, providing follow-up and ongoing support to newly hired residents can have a significant positive impact on long-term job retention. (5) Activities To Support Career Advancement and Long-term Economic Self-Sufficiency. (a) Individual Savings Accounts (ISAs). Applicants may create programs that encourage residents to save and contribute to match savings accounts such as Individual Development Accounts (IDAs). The programs should include financial counseling and education activities. ISAs may only be used for three purposes: (1) To purchase a first home that is existing or under construction when the purchase contract is signed; (2) to receive post-secondary education or training; or (3) to start a local business (other than acquiring, leasing, constructing, or rehabilitating real property in connection with the business). Applicants are encouraged to leverage RSDM funds by working with local financial organizations, which can also contribute to residents' ISAs. FSS escrow accounts may not be used as a match for RSDM-funded ISAs. Grantees shall consult the Internal Revenue Service regarding possible tax consequences of the ISAs to participating residents. (b) Housing Counseling. This can include information to help residents move to market rate rental housing and/or ``pre-purchase'' homeownership counseling and training. This may include training on such subjects as credit and financial management; credit repair; housing search; how to finance the purchase of a home; fair housing; Individual Savings Accounts, Real Estate Settlement Procedures Act (RESPA); and home maintenance. (6) Stipends. Stipends are an eligible use of grant funds. Stipends may be used for reasonable out-of-pocket costs. Stipends may be used to reimburse such things as local transportation to and from job training and job interviews, supplemental educational materials, and child care expenses. Stipends must be tied to residents' successful performance and regular attendance. (7) Hiring of Residents. Grant funds may also be used to hire a resident(s) as program staff. (8) Supportive Services. (a) After school programs for school-age children to include tutoring, remedial training, educational programming using computers. (b) Provision of information on the Earned Income Tax Credit Program, Food Stamps, Child Tax Credit Program, Medicaid, the State Child Health Insurance Program (S-CHIP), Student Loan Interest Deduction, tribal welfare programs, and other benefit programs that can assist individuals and families make a successful transition from welfare to work. (c) Transportation costs as necessary to enable participating families to receive services or commute to training or employment. (d) Child-care provision for ROSS-RSDM--Family program participants. (e) Parenting courses. (f) Nutrition courses. (g) Health care information and services including referrals to mental health providers, alcohol and other drug abuse treatment programs. (h) English as a second language (ESL) classes. (i) Creating and maintaining linkages to local social service agencies, such as employment agencies, health departments, transportation agencies, economic/community development agencies, community colleges, recreational and cultural services, and other community organizations such as Boys & Girls Clubs, 4H-Clubs, Boy Scouts, Girl Scouts, etc. b. RSDM--Elderly/Persons with Disabilities HUD is looking for applications that implement comprehensive programs within the three- year grant term, which will result in improved living conditions for the elderly/persons with disabilities population. HUD is also looking for proposals that involve partnerships with organizations that will help grantees provide enhanced services to the elderly/persons with disabilities they will serve. All applicants must complete a work plan covering the three-year grant term. Proposed grant activities should build on the foundation created by previous ROSS grants or other federal, state, and local efforts to assist this population. Eligible activities include the following: (1) Hiring of a qualified project coordinator to run the grant program. A qualified project coordinator should have at least two years of experience managing programs and have experience working with supportive services. The project coordinator is responsible for: (a) Assessing participating residents' needs for supportive services (e.g., Medicaid, Medicare, physician care, food stamps, rehabilitation services, veterans disability, state-funded programs such as nurse case management, housekeeping, Meals-on-Wheels; transportation etc.); (b) Designing and coordinating grant activities based on residents' needs; (c) Monitoring the progress of program participants and evaluating the overall success of the program. A portion of grant funds should be reserved to ensure that evaluations can be completed for all participants who received assistance through this program. For more information on how to measure performance, please see Rating Factor 5 in the ``Application Review Information'' section of this NOFA. (2) Coordination and set up of meal services; (3) Coordination and set-up of transportation services; (4) Wellness programs including, health and nutrition programs, preventive health education, referral to rehabilitation services, and services for the disabled and other community resources; (5) Personal emergency response; (6) Congregate services--includes supportive services that are provided in a congregate setting at a conventional public housing development; and (7) Case management. [[Page 14061]] c. Homeownership Supportive Services HUD is looking for applications that implement comprehensive programs within the three year grant term which will result in increased rates of homeownership for residents of Public and Indian housing. Applicants should create linkages with HUD homeownership programs such as: the Housing Choice Voucher Homeownership Program, the PHA Homeownership Program also known as Section 32 (formerly the Section 5(h) Homeownership Program) and homeownership programs and resources offered by other organizations or state or local homeownership programs. Tribes/TDHEs should create linkages with programs such as the Mutual Help Homeownership Opportunity Program, the Section 184 Program, and homeownership programs developed under the Indian Housing Block Grant Program such as mortgage assistance. All applicants must complete a work plan (see sample work plans on HUD's web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm) covering the three-year grant term. HUD is also looking for proposals that involve partnerships with organizations that will enhance the services grantees will offer. Applicants are strongly encouraged to partner with HUD-approved housing counseling agencies. For a list of HUD-approved housing counseling agencies, go to: http://www.hud.gov/offices/hsg/sfh/hcc/hccprof14.cfm. Applicants' programs should build on the foundation created by previous ROSS grants, or other state and local self-sufficiency efforts in which their target population may have participated. Under this funding category, applicants must develop homeownership training programs for the residents they intend to serve. Eligible activities include the following: (1) Hiring of a qualified project coordinator to run the grant program. A qualified project coordinator must have experience working on homeownership programs designed for typically underserved populations. The project coordinator is responsible for: (a) Assessing participating residents' needs; (b) Designing and coordinating grant activities based on residents' needs; (c) Monitoring the progress of program participants and evaluating the overall success of the program. A portion of grant funds should be reserved to ensure that evaluations can be completed for all participants who received assistance through this program. For more information on how to measure performance, please see Rating Factor 5 in the ``Application Review Information'' section of this NOFA. (2) Training to include: (a) Asset building; (b) Credit counseling and credit scoring; (c) Financial literacy and management; (d) Selecting a real estate broker; (e) Choosing a lender; (f) Appraisals; (g) Home inspections; (h) Avoiding delinquency and predatory lending; (i) Foreclosure prevention; (j) Home maintenance and financial management for first-time homeowners; (k) Real Estate Settlement Procedures Act (RESPA); and (l) Fair Housing Counseling. (3) Individual Savings Accounts (ISAs). You may create programs that encourage residents to save and contribute to match savings accounts such as Individual Development Accounts (IDAs). ISAs may be used only for (a) Escrow accounts, (b) down payment assistance and (c) closing costs to assist the resident to purchase an existing dwelling unit or a dwelling unit under construction. You are encouraged to leverage HSS funds by working with local financial organizations, which can also contribute to residents' ISAs. FSS escrow accounts may not be used as a match for HSS-funded ISAs. FSS residents are not eligible to participate in the ISA provision. 2. Threshold Requirements. The criteria below apply to all grant categories and all applicants unless otherwise indicated: Applicants must respond to each threshold requirement clearly and thoroughly by following the instructions below. If your application fails one threshold requirement (regardless of the type of threshold) it will be considered a failed application and will not receive consideration for funding. a. Match. All applicants are required to have in place a firmly committed 25 percent match in cash or in-kind donations as defined in this NOFA. Joint applicants must together have at least a 25 percent match. Applicants who do not demonstrate the minimum 25 percent match will fail this threshold requirement and will not receive further consideration for funding. If you are applying for more than one ROSS grant, you must use different sources of match donations for each grant application and you must indicate which additional ROSS grant(s) you are applying for by attaching an additional page to HUD budget form 424-CBW stating the sources and amounts of each of your match contributions for this application as well as any other HUD programs to which you are applying. Match donations must be firmly committed which means that the amount of match resources and their dedication to ROSS- funded activities must be explicit, in writing, and signed by a person authorized to make the commitment. Letters of commitment, memoranda of understanding (MOU), or tribal resolution must be on organization letterhead, and signed by a person authorized to make the stated commitment whether it be in cash or in-kind services. The letters of commitment/MOUs/tribal resolutions must indicate the total dollar value of the commitment and be dated within two months of the application deadline, and indicate how the commitment will relate to the proposed program. The commitment should be available at time of award. Applicants proposing to use their own, non-ROSS grant funds to meet the match requirement in whole or in part, must also include a letter of commitment indicating the type of match (cash or in-kind) and how the match will be used. Please see the General Section of the SuperNOFA for instructions for submitting the required letters with your electronic application. Leveraging in excess of the 25 percent of the grant amount will receive a higher point value. (1) Volunteer time and services shall be computed by using the normal professional rate for the local area or the national minimum wage rate of $5.15 per hour (Note: applicants may not count their staff time toward the match); (2) In order for HUD to determine the value of any donated material, equipment, staff time, building, or lease, your application must provide a letter from the organization making the donation stating the value of the contribution. (3) Other resources/services that can be committed include: in-kind services such as contributions of administrative services provided to the applicant; funds from federal sources (not including ROSS funds) as allowed by statute, including for example Community Development Block Grant (CDBG); funds from any state or local government sources; and funds from private contributions. Applicants may also partner with other program funding recipients to coordinate the use of resources in the target area. b. Past Performance. HUD's field offices will evaluate data provided by applicants as well as applicants' past performance to determine whether applicants have the capacity to manage [[Page 14062]] the grant for which they are applying. The area Offices of Native American Programs (ONAP) will review past performance for tribal and TDHE submissions. Field offices will evaluate the contract administrators' past performance for applicants required to have a contract administrator. In evaluating past performance HUD will look at the applicant's record of completing grant activities on time, within budget and the results achieved. Using Rating Factor 1, the field office/area ONAP will evaluate applicants' past performance. Applicants should carefully review Rating Factor 1 to ensure their application addresses each of the criteria requested therein. If applicants fail to address what is requested in Rating Factor 1, their application will fail this threshold and will not receive further consideration. c. Contract Administrator Partnership Agreement. All nonprofit applicants, all resident organizations, and PHAs that are troubled at time of application are required to submit a signed Contract Administrator Partnership Agreement. The agreement must be for the entire grant term. Grant awards shall be contingent upon having a signed partnership agreement included in your application. Applicants required to have a Contract Administrator Partnership Agreement that fail to submit one will fail this threshold requirement and will not receive further consideration for funding. Please see the General Section of the SuperNOFA for instructions for submitting the required information with your electronic application. Troubled PHAs are not eligible to be contract administrators. Grant writers who assist applicants with preparing their ROSS applications are also ineligible to be contract administrators. For more information on contract administrators, see the section ``Program Requirements.'' d. Letters of Support for Nonprofit Applicants. (1) All nonprofit applicants must include letters of support from resident associations (RAs), Resident Advisory Boards (RABs), local civic organizations, or units of local government. In the event that RAs are inactive, or that applicants submit letters of support from other organizations such as RABs, nonprofit applicants must also submit letters from PHAs or tribes/TDHEs indicating support for their application. All letters of support must be signed by an authorized representative of the supporting organization and dated within two months of the application deadline. (2) Nonprofit applicants that do receive support from resident associations must submit form HUD-52754 ``List of Resident Associations Supporting Nonprofit Applicants.'' Submitting this form is not applicable where RAs are inactive or where applicants do not submit letters of support from RAs. (3) In cases where nonprofit organizations are applying to serve tribes/TDHEs, nonprofit applicants must submit letters of support from tribes/TDHEs. Nonprofit organizations must also use form HUD-52754 to list which tribes/TDHEs support their application. (4) Letters of support from RAs must describe to what extent they are familiar with the nonprofit applicant and indicate their support and understanding of the nonprofit organization's proposal/application. Letters from RAs must include contact information and the name and title of the person authorized to sign for the organization and should, whenever possible, be on RA letterhead. (5) Letters of support from RABs must describe to what extent the RAB is familiar with the nonprofit applicant and indicate its support and understanding of the nonprofit organization's proposal/application. Letters from RABs must include contact information and the name and title of the person authorized to sign for the organization, and should be on RAB or PHA letterhead. (6) Letters of support from civic organizations or units of local government must describe to what extent they are familiar with the nonprofit applicant and which programs the nonprofit applicant has operated or managed in the community that are similar to the applicant's proposal. Such letters of support must include contact information and the name and title of the person authorized to sign for the organization. The letter should be on organization letterhead. (7) All nonprofit applicants that do not provide letters of support from resident associations must provide letters of support from PHAs or tribes/TDHEs with jurisdiction over the developments the applicant proposes to serve. Letters from PHAs or tribes/TDHEs must describe the extent to which the nonprofit applicant is familiar with the needs of the community to be served, which programs the nonprofit applicant has operated or managed in the community that are similar to the applicant's proposal, and whether the nonprofit organization has the capacity to implement its proposed program. Letters from PHAs or tribes/TDHEs must also list the names of the developments to be served, the number of occupied conventional family or elderly/disabled public housing units (depending on the grant category) in those developments, certify that the units are conventional public housing, and identify the ROSS grant category to which the nonprofit organization is applying. PHA or tribe/TDHE letters of support must be signed by the Executive Director, tribal leader, or authorized designee and must be on PHA or tribe/TDHE letterhead. Please see the General Section of the SuperNOFA for instructions for submitting the required letters with your electronic application. (8) Applications from nonprofit organizations, which do not submit the information requested in this section will fail this threshold requirement and will not be considered for funding. e. Nonprofit status. All nonprofit applicants must submit their IRS determination letter to prove their nonprofit (e.g., 501(c)(3)) status. Applicants that fail to submit this letter will fail this threshold requirement and will not be considered for funding. Please see the General Section of the SuperNOFA for instructions for submitting the required documentation with your electronic application. f. Minimum Score for All Fundable Applications. Applications that pass all threshold requirements and go through the ranking and rating process, must receive a minimum score of 75 in order to be considered for funding. g. Funding Requests in Excess of Maximum Grant Amount. Applicants that request funding in excess of the maximum grant amount which they are eligible to receive will not receive funding consideration. h. Performance Standards for PHA Applicants to the Homeownership Supportive Services Program (applicable only to PHAs). PHA applicants to the Homeownership Supportive Services program that administer a Homeownership Voucher Program will be required to provide Homeownership Vouchers per year, according to the minimum amounts listed in the table below, to eligible families who successfully complete training under the Homeownership Supportive Services grant program. Additionally, applicants must commit to enrolling public housing residents in their homeownership supportive services program in accordance with the amounts listed in the table printed immediately below. [[Page 14063]] ------------------------------------------------------------------------ Minimum Maximum Minimum enrollments Number of conventional units funding vouchers (over 3 (annual) year term) ------------------------------------------------------------------------ 1-780 units...................... $250,000 10 50 781-2,500 units.................. 350,000 12 70 2501-7,300 units................. 500,000 14 100 7,301 or more units.............. 1,000,000 16 200 ------------------------------------------------------------------------ Those PHAs which administer a Housing Choice Voucher program but have not elected to provide assistance under the Homeownership Voucher option and receive funding under this category, will be required to implement the Homeownership Voucher Program and make Homeownership Vouchers available, in the amounts listed above, on an annual basis to eligible families who successfully complete training under this ROSS activity. PHA applicants as described in this section must provide a letter certifying that they will comply with this requirement. i. Tribal/TDHE applicants. Tribal/TDHE applicants to the HSS program must have a Low-income Homeownership Program outlined in their current Indian Housing Plan. Tribes/TDHEs will also be required to provide homeownership assistance to a minimum of 10 eligible families. j. The Dun and Bradstreet Universal Numbering System (DUNS) Number Requirement. Refer to the General Section of the SuperNOFA for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD. You will need a DUNS number to complete your Grants.gov registration. Registration is required for electronic submission. See the General Section of the SuperNOFA for a discussion of the Grants.gov registration process. 3. Program Requirements a. Contract Administrator. The contract administrator must assure that the financial management system and procurement procedures that will be in place during the grant term will fully comply with either 24 CFR part 84 or 85, as appropriate. CAs are expressly forbidden from accessing HUD's Line of Credit Control System (LOCCS) and submitting vouchers on behalf of grantees. Contract administrators must also assist PHAs meet HUD's reporting requirements, see Section VI (C) ``Reporting'' for more information. Contract administrators may be: Local housing agencies; community-based organizations such as community development corporations (CDCs), churches, temples, synagogues, mosques; nonprofit organizations; state/regional associations and organizations. Troubled PHAs are not eligible to be contract administrators. Grant writers who assist applicants prepare their applications are also ineligible to be contract administrators. Organizations that the applicant proposes to use as the contract administrator must not violate or be in violation of other conflicts of interest as defined in 24 CFR part 84 and 24 CFR part 85. c. Requirements Applicable to All Programs. All applicants, lead and non-lead, should refer to ``Other Requirements and Procedures Applicable to All Programs'' of the General Section of the SuperNOFA for requirements pertaining specifically to procurement of recovered materials and for information regarding other requirements to which they may be subject. 4. Number of Applications Permitted. Except as otherwise noted, the criteria below apply to all grant categories and all applicants. a. General. Applicants including PHAs, tribes/TDHEs, RAs, and nonprofit organizations that have support from the resident associations they propose to serve or the support of tribes/TDHEs may submit one application for each ROSS funding category, however applicants must submit separate applications for each funding category. Nonprofit organizations may submit more than one application per funding category provided that they will be serving residents of distinct PHAs or Tribes/TDHEs. b. More than one application per development. Applications from PHAs, tribes/TDHEs, RAs, and nonprofit organizations targeting the same public housing development/population will not all be funded. HUD suggests that in these cases, applicants work together to submit one application. Otherwise, the highest scoring application will be funded. c. Joint applications. Two or more applicants may join together to submit a joint application for proposed grant activities. Joint applications must designate a lead applicant. The lead applicant must be registered with Grants.gov and submit the application using the Grants.gov portal. Lead applicants are subject to all threshold requirements. Non-lead applicants are subject to the following threshold requirements as applicable: (1) Letters of support for nonprofit applicants; (2) Evidence of nonprofit status as outlined under the section covering threshold requirements; and (3) Threshold requirements outlined in Section III. C. of the General Section of the SuperNOFA. Joint applications may include PHAs, RAs, Tribes/TDHEs, and nonprofit organizations on behalf of resident organizations. Joint applications involving nonprofit organizations must also provide evidence of resident support or support from local civic organizations or from units of local government. PHAs, tribes/TDHEs, and resident organizations that are part of a joint application may not also submit separate applications as sole applicants under this NOFA. Note: The lead applicant will determine the maximum funding amount the applicants are eligible to receive. 5. Eligible Participants. All program participants must be residents of conventional public housing or NAHASDA-assisted housing. Participants in the Public Housing Family Self-Sufficiency (FSS) program (non-Housing Choice Voucher FSS Program) are also eligible to participate in activities funded under ROSS. 6. Eligible Developments. Only conventional Public and Indian housing developments may be served by ROSS grant funds. Other housing/ developments, including, but not limited to private housing, federally insured housing, federally subsidized or assisted (i.e., assisted under Section 8, Section 202, Section 811, Section 236), and others are not eligible to participate in ROSS. 7. Energy Star. HUD has adopted a wide-ranging energy action plan for improving energy efficiency in all program areas. As a first step toward implementing the energy plan, HUD, the Environmental Protection Agency (EPA) and the Department of Energy (DoE) have signed a joint partnership to promote energy efficiency in HUD's affordable housing efforts and programs. [[Page 14064]] The purpose of the Energy Star partnership is to promote energy efficiency of the affordable housing stock, but also to help protect the environment. Applicants constructing, rehabilitating, or maintaining housing or community facilities are encouraged to promote energy efficiency in design and operations. They are urged especially to purchase and use Energy Star labeled products. Applicants providing housing assistance or counseling services are encouraged to promote Energy Star building by homebuyers and renters. Program activities can include developing Energy Star promotional and information materials, outreach to low- and moderate-income renters and buyers on the benefits and savings when using Energy Star products and appliances, and promoting the designation of community buildings and homes as Energy Star compliant. For further information about Energy Star, see http://www.energystar.gov or call 888-STAR-YES (888-782-7937) or for the hearing-impaired, 888-588-9920 (TTY). IV. Application and Submission Information A. Address to Obtain an Application Package. There is no application kit this year. Please refer to the General Section of the SuperNOFA for information on how to submit your application electronically. You may also visit www.Grants.gov/Apply to obtain application information. B. Content and Form of Application Submission. 1. Application Format Information for All Grant Categories and All Applicants. Before preparing an application to any ROSS funding program, applicants should carefully review the program description, ineligible activities, program and threshold requirements, and the General Section of the SuperNOFA. Applicants should also review each rating factor found in the ``Application Review Information'' section before writing a narrative response. Applicants' narratives should be as descriptive as possible, ensuring that every requested item is addressed. Applicants should make sure to include all requested information, according to the instructions found in this NOFA and where applicable, in the General Section of the SuperNOFA. This will help ensure a fair and accurate review of your application. 2. Content and Format for Submission. a. Content of Application. Applicants must write narrative responses to each of the rating factors, which follow this section. Applicants will be evaluated on whether their responses demonstrate that they have the necessary capacity to successfully manage this grant program. Applicants should ensure that their narratives are written clearly and concisely so that HUD reviewers, who may not be familiar with the ROSS program, may fully understand your proposal. b. Format of Application. (1) Applications may not exceed 35 narrative pages. Narrative pages must be typed, double-spaced, numbered, use Times New Roman font style, and font size 12. Supporting documentation, required forms, and certificates will not be counted toward the 35 narrative page limit. However, applicants should make every effort to submit only what is necessary in terms of supporting documentation. Please see the General Section of the SuperNOFA for instructions on how to submit supporting documentation with your electronic application. (2) The following checklist has been provided to assist applicants ensure they submit all required forms and information. (Note: Applicants who receive a waiver to submit paper applications, must submit their applications in a three-ring binder, with TABS dividing the sections as indicated below): TAB 1: Required Forms from the General Section of the SuperNOFA and other ROSS forms: 1. Acknowledgement of Application Receipt (HUD-2993), for paper application submissions only (you must have an approved waiver to submit a paper application); 2. Application for Federal Financial Assistance (SF-24); 3. SF-424 Supplement, Survey on Ensuring Equal Opportunity for Applicants; 4. Questionnaire for HUD's Initiative on Removal of Regulatory Barriers (HUD-27300); 5. ROSS Fact Sheet (HUD-52751); 6. Grant Application Detailed Budget (HUD-424-CB); 7. Grant Application Detailed Budget Worksheet (HUD-424-CBW); 8. Applicant/Recipient Disclosure/Update Report (HUD-2880); 9. Certification of Consistency with RC/EZ/EC-II Strategic Plan (HUD-2990) if applicable; 10. Certification of Consistency with the Consolidated Plan (HUD- 2991) if applicable; 11. Certification of Consistency with the Indian Housing Plan if applicable (HUD-52752); 12. Certification of Resident Council Board of Election (not required for tribes/nonprofit organizations working on behalf of tribes) (HUD-52753); 13. Disclosure of Lobbying Activities (SF-LLL), if applicable; 14. Disclosure of Lobbying Activities Continuation Sheet (SF-LLL- A), if applicable; 15. Client Comments and Suggestions (HUD-2994); (Optional) 16. Facsimile Transmittal Sheet (HUD-96011). TAB 2: Threshold Requirements: 1. Letters from Partners attesting to match; 2. Letter from Applicant's organization attesting to match (if applicant is contributing to match); 3. Letters of Support from Resident Associations/ PHAs/tribes/ TDHEs/ Resident Advisory Boards/local civic organizations and/or units of local government Threshold requirement for all nonprofit applicants); 4. Chart of Resident Associations Participating (required for nonprofit applicants but not applicable to applications from tribes/ TDHEs.) (HUD-52754); 5. IRS nonprofit determination letter proving 501(c)(3) status (Threshold requirement for all nonprofit applicants); and 6. Contract Administrator Partnership Agreement (required for nonprofit organizations, resident associations, and troubled PHAs) (HUD-52755). TAB 3: Narrative for Rating Factor 1 and ROSS Program Forms 1. Narrative; 2. Chart A: Program Staffing (HUD-52756); 3. Chart B: Applicant/Administrator Track Record (HUD-52757); 4. Resumes/Position Descriptions. TAB 4: Narrative for Rating Factor 2 TAB 5: Rating Factor 3 1. Narrative; 2. Work plan (see relevant sample ROSS work plan HUD-52764). TAB 6: Narrative for Rating Factor 4 TAB 7: Narrative for Rating Factor 5 and ROSS Program Forms 1. Narrative; 2. Logic Model (HUD-96010); 3. Sample Performance measures/outcomes are attached for applicants' information. C. Submission Dates and Times: 1. Due Dates. a. Resident Service Delivery Models--Elderly/Persons with Disabilities: The application must be submitted and received by Grant.gov no later than 11:59:59 p.m. eastern time on July 6, 2005. For applicants receiving a waiver to the electronic filing requirement, please see the General Section for waiver and mailing requirements. Please carefully read the General Section of the SuperNOFA for [[Page 14065]] application submission, and timely receipt requirements. b. Resident Service Delivery Models-Family. The application must be submitted and received by Grant.gov no later than 11:59:59 p.m. eastern time on July 25, 2005. For applicants receiving a waiver to the electronic filing requirement, please see the General Section for waiver and mailing requirements. Please carefully read the General Section of the SuperNOFA for application submission, and timely receipt requirements. c. Homeownership Supportive Services. The application must be submitted and received by Grant.gov no later than 11:59:59 p.m. eastern time on May 26, 2005. For applicants receiving a waiver to the electronic filing requirement, please see the General Section for waiver and mailing requirements. Please carefully read the General Section of the SuperNOFA for application submission, and timely receipt requirements. 2. Proof of Timely Submission. Please see the General Section of the SuperNOFA this information. Applicants that fail to meet the deadline for application receipt will not receive funding consideration. 3. For Waivers Only. Applicants who have received waivers to submit paper applications (see the General Section of the SuperNOFA for more information), must submit their applications to: HUD Grants Management Center, Mail Stop: Name of ROSS Grant Category, 501 School Street, SW., 8th floor, Washington DC 20024. Please see the General Section of the SuperNOFA for detailed mailing and delivery instructions. 4. Number of Copies. Only applicants receiving a waiver to the electronic submission requirement may submit a paper copy application. Paper applications must be submitted in triplicate (one original and two identical copies). For all applicants (including tribal and TDHE applicants), the original and one identical copy must be sent to the Grants Management Center and an identical copy must be sent to your local field office in accordance with the submission and timely receipt requirements described in the General Section of this SuperNOFA. D. Intergovernmental Review: Not applicable. E. Funding Restrictions: 1. Reimbursement for Grant Application Costs. Applicants who receive an award under any ROSS funding category are prohibited from using ROSS grant funds to reimburse any costs incurred in conjunction with preparation of their ROSS grant application. 2. Covered Salaries. Applicable to all grant categories and all applicants: a. Project Coordinator. All applicants may propose to hire a qualified project coordinator to run the grant program. The ROSS program will fund up to $65,000 in combined annual salary and fringe benefits for a full-time project coordinator. The project coordinator's salary and fringe benefits may not exceed 30 percent of the total grant amount. For audit purposes, applicants must have documentation on file demonstrating that the salary of the project coordinator is comparable to similar professions in their local area. b. Resident Salaries. Only the RSDM--Family category permits grantees to use grant funds for this purpose. No more than five percent of RSDM--Family funds may be used to pay for resident salaries. c. Types of Salaries. ROSS funds may only be used for the types of salaries described in this section according to the restrictions described herein. ROSS funds may only be used to pay for salaries of staff that provide direct services to residents. Direct services staff, for purposes of this NOFA, are defined as housing authority personnel who, as their primary responsibility, provide services directly to residents that participate in the activities described in this application e.g., case managers, van drivers, job trainers, childcare providers, among other positions. ROSS funds may not be used to pay for salaries for any other kind of staff. 3. Administrative Costs. Administrative costs may include, but are not limited to, purchase of furniture, office equipment and supplies, local travel, and utilities. Administrative costs may not be used to pay for salaries of any kind. Nonprofit organizations only may use administrative funds to pay for rental of space. Administrative costs must not exceed 10 percent of the total grant amount requested from HUD. Administrative costs must adhere to OMB Circular A-87 or A-122 as appropriate. Please use HUD-424-CBW to itemize your administrative costs. 4. Individual Savings Accounts (ISAs). ROSS RSDM--Family and Homeownership Supportive Services funds can be used as matching funds for ISAs but no more than 20 percent of total grant funds may be used for this purpose. 5. Stipends. This applies to RSDM--Family only. No more than $200 of the grant award may be used per participant per month for stipends for active trainees and program participants. Stipends may only be used to reimburse reasonable out-of-pocket expenses related to participation in training and other program-related activities. Receipts for such expenses must be provided by the resident in order to obtain reimbursement. Stipends are not considered an administrative expense and therefore are not subject to the 10 percent limitation on administrative costs. 6. Ineligible Activities/Costs. Grant funds may not be used for ineligible activities. The following are ineligible activities/costs: a. Payment of wages and/or salaries to participants for receiving supportive services and/or training programs; b. Purchase, lease, or rental of land; c. New construction, costs for construction materials; d. Rehabilitation or physical improvements; e. Purchase, lease, or rental of vehicles; f. Entertainment costs; g. Purchasing food; h. Elderly/Disabled Service Coordinator salary and fringe benefits; i. Payment of wages and/or salaries to doctors, nurses or other staff (including health aids or companions) in relation to medical services provided to residents; j. Purchase of non-prescription or prescription medications; k. Stipends (Stipends are only allowed under RSDM--Family); l. Down payment assistance (Note: Participants may use their ISAs under the RSDM--Family and Homeownership Supportive Services program for this purpose); m. Revolving loan funds; n. Costs, which exceed limits, identified in the NOFA for the following: Project Coordinator, resident salaries, ISAs, stipends, administrative expenses, and long distance travel; and o. Cost of application preparation. p. For RSDM Elderly grant applicants--transportation costs of residents (grant funds may be used to pay for coordination and set-up of transportation services). q. Salaries for staff that are not direct services staff. Direct services staff, for purposes of this NOFA, are defined as housing authority personnel who, as their primary responsibility, provide services directly to residents that participate in the activities described in this application e.g., case managers, van drivers, job trainers, childcare providers, among other positions. ROSS funds cannot be used to hire or pay for the services of a Contract Administrator. 7. ROSS funds cannot be used to hire or pay for the services of a Contract Administrator. 8. Other Budgetary Restrictions. Some long distance travel may be necessary [[Page 14066]] during the term of the grant in order for professional grant staff to attend HUD-sponsored training conferences for ROSS grantees. Long distance travel costs for grant program staff may not exceed $5,000 for the life of the grant and must receive prior approval from the grantee's local HUD field office or area ONAP. V. Application Review Information A. Criteria 1. Factors for Award Used To Evaluate and Rate Applications to the ROSS program. The factors for rating and ranking applicants and maximum points for each factor are provided below. The maximum number of points available for this program is 102. This includes two RC/EZ/EC-II bonus points. The SuperNOFA contains a certification that must be completed in order for the applicant to be considered for the RC/EZ/EC-II bonus points. A listing of federally designated RCs, EZs, and EC-IIs, is available at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The agency certifying to RC/EZ/EC-II status must be contained in the listing of RC/EZ/EC-II organizations on HUD's Web site at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Note: Applicants should carefully review each rating factor before writing a response. Applicants' narratives should be as descriptive as possible, ensuring that every requested item is addressed. Applicants should make sure their narratives thoroughly address the Rating Factors below. Applicants should include all requested information, according to the instructions found in this NOFA. This will help ensure a fair and accurate application review. a. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (25 Points). This factor addresses whether the applicant has the organizational resources necessary to successfully implement the proposed activities within the grant period. In rating this factor HUD will consider the extent to which the proposal demonstrates that the applicant will have qualified and experienced staff dedicated to administering the program. (1) Proposed Program Staffing (7 Points). (a) Staff Experience (4 Points). The knowledge and experience of the proposed project coordinator, staff, and partners in planning and managing programs for which funding is being requested. Experience will be judged in terms of recent, relevant and successful experience of proposed staff to undertake eligible program activities. In rating this factor, HUD will consider experience within the last 5 years to be recent; experience pertaining to the specific activities being proposed to be relevant; and experience producing specific accomplishments to be successful. The more recent the experience and the more experience proposed staff members who work on the project have in successfully conducting and completing similar activities, the greater the number of points applicants will receive for this rating factor. The following information should be provided in order to provide HUD an understanding of proposed staff's experience and capacity: (i) The number of staff years (one staff year = 2080 hours) to be allocated to the proposed program by each employee or expert as well as each of their roles in the program; (ii) The staff's relevant educational background and/or work experience; and (iii) Relevant and successful experience running programs whose activities are similar to the eligible program activities described in the grant category to which you are applying. (b) Organizational Capacity (3 Points). Applicants will be evaluated based on whether they have, or their partners have sufficient qualified personnel to deliver the proposed activities in a timely and effective fashion. In order to enhance or supplement capacity, applicants should provide evidence of partnerships with nonprofit organizations or other organizations that have experience providing supportive services to typically underserved populations. Applicants' narrative must describe their ability to immediately begin the proposed work program. Provide resumes and position descriptions (where staff is not yet hired) for all key personnel. (Resumes/position descriptions do not count toward the 35-page limit.) (2) Past Performance of Applicant/Contract Administrator (6 Points). (a) Applicants' past experience may include, but is not limited to, running and managing programs aimed at: (i) RSDM--Family: assisting residents of low-income housing achieve economic self-sufficiency; (ii) RSDM--Elderly: assisting elderly/persons with disabilities who reside in low-income housing to live independently; (iii) Homeownership: assisting residents of low-income housing achieve economic self-sufficiency and homeownership. (b) Applicants' narrative must indicate past grants they received and managed, the grant amounts, and grant terms (years) of the grants, which they are counting toward past experience. (c) Applicants' narrative must describe how they (or their Contract Administrator) successfully implemented past grant programs designed to: (i) RSDM--Family--promote resident self-sufficiency, moving from welfare to work, and/or helping residents move to market rate rental housing; (ii) RSDM--Elderly--assist elderly/persons with disabilities meet their daily living needs and enhance their access to needed services so they can continue to reside comfortably and productively in their current living environment; (iii) Homeownership--promote moving from subsidized housing to homeownership. (d) Applicants will be evaluated according to the following criteria: (i) Achievement of specific measurable outcomes and objectives in terms of benefits gained by participating residents. Applicants should describe results their programs have obtained, such as: (A) RSDM--Family: reduced welfare dependency, higher incomes, higher rates of employment, increased savings, moving from subsidized housing to market rate rental housing; (B) RSDM--Elderly: less emergency care, improved health conditions of assisted population, access to greater number of social services; (C) Homeownership: number of families in homeownership counseling pipeline, rates of homeownership achieved through training programs. (ii) Description of success in attracting and keeping residents involved in past grant-funded training programs. HUD wants to see that applicants' grant-funded programs benefited a significant numbers of residents; (iii) Description of timely expenditure of program funding throughout the term of past grants. Timely means regular drawdowns throughout the life of the grant, i.e., quarterly drawdowns, with all funds expended by the end of the grant term; (iv) Description of Past Leveraging. Applicants must describe how they have leveraged funding or in-kind services beyond amounts that were originally proposed for past projects; (3) Program Administration and Fiscal Management (12 Points). (a) Program Administration and Accountability (6 Points). Applicants should describe how they will manage the program; how HUD can be sure that there is program accountability; and provide a description of proposed staff's roles and responsibilities. Applicants [[Page 14067]] should also describe how grant staff and partners shall report to the project coordinator and other senior staff. (b) Fiscal Management (6 Points). In rating this factor, applicants' skills and experience in fiscal management will be evaluated. If applicants have had any audit or material weakness findings in the past five years, they will be evaluated on how well they have addressed them. Applicants must provide the following: (i) A complete description of their fiscal management structure, including fiscal controls currently in place including those of a Contract Administrator for applicants required to have a Contract Administrator, (i.e., troubled PHAs, resident associations, and nonprofit applicants); (ii) Applicants must list any audit findings in the past five years (HUD Inspector General, management review, fiscal, etc.), material weaknesses, and what has been done to address them; (iii) For applicants who are required to have a Contract Administrator, describe the skills and experience the Contract Administrator has in managing federal funds. b. Rating Factor 2: Need/Extent of the Problem (10 Points). This factor addresses the extent to which there is a need for funding the proposed program. In responding to this factor, applicants will be evaluated on the extent to which they describe and document the level of need for their proposed activities and the urgency for meeting the need. In responding to this factor, applicants must include: (1) Socioeconomic Profile (5 points). A thorough socioeconomic profile of the eligible residents to be served by the program, including education levels, income levels, the number of single-parent families, economic statistics for the local area, etc. (2) Demonstrated Link Between Proposed Activities and Local Need (5 points). Applicants' narrative must demonstrate a clear relationship between proposed activities, community needs and the purpose of the program funding in order for points to be awarded for this factor. c. Rating Factor 3: Soundness of Approach (30 Points) This factor addresses both the quality and cost-effectiveness of applicants' proposed work plan. The work plan must indicate a clear relationship between proposed activities, the targeted population's needs, and the purpose of the program funding. Applicants' activities must address HUD's policy priorities outlined in this Rating Factor. In rating this factor HUD will consider: (1) Quality of the Work Plan (18 points). This factor evaluates both the applicant's work plan and budget, which will be evaluated based on the following criteria: (a) Specific Services and/or Activities (8 points). Applicants' narrative must describe the specific services, course curriculum, and activities they plan to offer and who will be responsible for each. In addition to the narrative, applicants must also provide a work plan, which must list the specific services, activities, and outcomes they expect. The work plan must show a logical order of activities and progress and must tie to the outcomes and outputs applicants identify in the Logic Model (see Rating Factor 5). Please see a sample work plan in the Appendix. Applicants' narrative must explain how their proposed activities will: (i) Involve community partners in the delivery of services (4 points); (ii) Offer comprehensive services versus a small range of services geared toward achieving the following (2 points): RSDM--Family: enhancing economic opportunities for residents; RSDM--Elderly: enhancing residents' quality of life; Homeownership: enhancing homeownership opportunities for residents; and (iii) Link to other ROSS-funded self-sufficiency programs (2 points). (b) Feasibility and Demonstrable Benefits (4 points). This factor examines whether applicants' work plan is logical, feasible and likely to achieve its stated purpose during the term of the grant. HUD's desire is to fund applications that will quickly produce demonstrable results and advance the purposes of the ROSS program. (i) Timeliness. This subfactor evaluates whether applicants' work plan demonstrates that their project is ready to be implemented shortly after grant award, but not to exceed three months following the execution of the grant agreement. The work plan must indicate timeframes and deadlines for accomplishing major activities. (ii) Description of the problem and solution. The work plan will be evaluated based on how well applicants' proposed activities address the needs described in Rating Factor 2. (c) Budget Appropriateness/Efficient Use of Grant (6 Points) The score in this factor will be based on the following: (i) Justification of expenses. Applicants will be evaluated based on whether their expenses are reasonable and thoroughly explained, and support the objectives of their proposal. (ii) Budget Efficiency. Applicants will be evaluated based on whether their application requests funds commensurate with the level of effort necessary to accomplish their goals and anticipated results. (d) Ineligible Activities. Two points will be deducted for each ineligible activity proposed in the application, as identified in Section IV(E). For example, you will lose 2 points if you propose costs that exceed the limits identified in the NOFA for a Project Coordinator; or you will lose 2 points if you propose paying for salaries for staff that are not direct services staff. (2) Addressing HUD's Policy Priorities (12 points). HUD wants to improve the quality of life for those living in distressed communities. HUD's grant programs are a vehicle through which long-term, positive change can be achieved at the community level. Applicants' narrative and work plan will be evaluated based on how well they meet the following HUD policy priorities: (a) Applicants will respond to either (i) or (ii) below depending on what type of applicant they are, for a maximum of 5 points. (i) Improving the Quality of Life in Our Nation's Communities (For RSDM-Family and RSDM-Elderly Applicants only)(5 points). In order to receive points in this category, applicants' narrative and work plan must indicate the types of activities, service, and training programs applicants will offer which can help residents successfully transition from welfare to work and earn higher wages, or for elderly/disabled residents, to continue to live independently. (ii) Providing Increased Homeownership and Rental Opportunities for Low- and Moderate-Income Persons, Persons with Disabilities, the Elderly, Minorities, and Families With Limited English Proficiency (For Homeownership Applicants only) (5 points). In order to receive points in this category, applicants' narrative and work plan must indicate the types of activities and training programs they will offer which can help residents successfully transition from subsidized housing to market-rate rental housing or homeownership. (b) Providing Full and Equal Access to Grassroots Faith-Based and Other Community-Based Organizations in HUD Program Implementation (For all applicants) (5 points). HUD encourages applicants to partner with grassroots organizations, e.g., civic organizations, [[Page 14068]] grassroots faith-based and other community-based organizations that are not usually effectively utilized. These grassroots organizations have a strong history of providing vital community services such as developing first-time homeownership programs, creating economic development programs, providing job training and other supportive services. In order to receive points under this factor, applicants' narrative and work plan must describe how applicants will work with these organizations and what types of services they will provide. (c) Policy Priority for Increasing the Supply of Affordable Housing Through the Removal of Regulatory Barriers to Affordable Housing. (up to 2 points). Under this policy priority, higher rating points are available to: (1) Governmental applicants that are able to demonstrate successful efforts in removing regulatory barriers to affordable housing, and (2) nongovernmental applicants that are associated with jurisdictions that have undertaken successful efforts in removing barriers. For applicants to obtain the policy priority points for efforts to successfully remove regulatory barriers, applicants would have to complete form HUD 27300, ``Questionnaire for HUD's Initiative on Removal of Regulatory Barriers.'' A copy of HUD's Notice entitled America's Affordable Communities Initiative, HUD's Initiative on Removal of Regulatory Barriers: Announcement of Incentive Criteria on Barrier Removal in HUD's 2004 Competitive Funding Allocations'' can be found on HUD's Web site at http://www.hud.gov/grants/index.cfm. The information and requirements contained in HUD's regulatory barriers policy priority apply to this FY 2005 NOFA. A description of the policy priority and a copy of form HUD-27300 can be found in the application package posted to www.Grants.gov. Applicants are encouraged to read the Notice as well as the General Section of the SuperNOFA to obtain an understanding of this policy priority and how it can impact their score. A limited number of questions expressly request the applicant to provide brief documentation with their response. Other questions require that for each affirmative statement made, the applicant must supply a reference, URL, or a brief statement indicating where the back-up information may be found, and a point of contact, including a telephone number and/or email address. The electronic copy of the HUD 27300 has space to identify a URL or reference that the material is being scanned and attached to the application as part of the submission or faxed to HUD following the facsimile submission instructions. d. Rating Factor 4: Leveraging Resources (20 Points). This factor addresses the applicant's ability to secure community resources that can be combined with HUD's grant resources to achieve program purposes. Applicants are required to create partnerships with organizations that can help achieve their program's goals. PHAs are required by section 12(d)(7) of the U.S. Housing Act of 1937 entitled ``Cooperation Agreements for Economic Self-Sufficiency Activities'') to make best efforts to enter into such agreements with relevant state or local agencies. In rating this factor, HUD will look at the extent to which applicants partner, coordinate and leverage their services with other organizations serving the same or similar populations. Additionally, applicants must have at least a 25 percent cash or in-kind match. The match is a threshold requirement. Joint applicants must together have at least a 25 percent match. Applicants who do not demonstrate the minimum 25 percent match will fail the threshold requirement and will not receive further consideration for funding. Leveraging in excess of the 25 percent of the grant amount will receive a higher point value. In evaluating this factor HUD will consider the extent to which applicants have partnered with other entities to secure additional resources, which will increase the effectiveness of the proposed program activities. The additional resources and services must be firmly committed, must support the proposed grant activities and must, in combined amount (including in-kind contributions of personnel, space and/or equipment, and monetary contributions) equal at least 25 percent of the grant amount requested in this application. ``Firmly committed'' means that the amount of resources and their dedication to ROSS-funded activities must be explicit, in writing and signed by a person authorized to make the commitment. Please see the section on Threshold Requirements for more information. Points for this factor will be awarded based on the documented evidence of partnerships and firm commitments and the ratio of requested ROSS funds to the total proposed grant budget. Points will be assigned based on the following scale: Percentage of Match Points Awarded 25..................................... 5 points (with partnerships) 3 points (without partnerships); 26-50.................................. 10 points (with partnerships) 8 points (without partnerships); 51-75.................................. 15 points (with partnerships) 13 points (without partnerships); 76 or above............................ 20 points (with partnerships) 18 points (without partnerships). ------------------------------------------------------------------------ e. Rating Factor 5: Achieving Results and Program Evaluation (15 Points) (1) An important element in this year's NOFA is the development and reporting of performance measures and outcomes. This factor emphasizes HUD's determination to ensure that applicants meet commitments made in their applications and grant agreements and that they assess their performance so that they realize performance goals. Applicants must demonstrate how they propose to measure their success and outcomes as they relate to the Department's Strategic Plan. (2) HUD requires ROSS applicants to develop an effective, quantifiable, outcome-oriented plan for measuring performance and determining that goals have been met. Applicants must use the Logic Model form HUD-96010 for this purpose. (3) Applicants must establish interim benchmarks, or outputs, for their proposed program that lead to the ultimate achievement of outcomes. ``Outputs'' are the direct products of a program's activities. Examples of outputs are: the number of eligible families that participate in supportive services, the number of new services provided, the number of residents receiving counseling, or the number of households using a technology center. Outputs should produce outcomes for your program. ``Outcomes'' are benefits accruing to the residents, families and/or communities during or after participation in the ROSS program. Applicants must clearly identify the outcomes to be achieved and measured. Examples of outcomes are: increasing the homeownership rates among residents of a development or from a particular housing authority, increasing residents' financial stability (e.g., increasing assets of a household through savings), or increasing employment stability (e.g., whether persons assisted obtain or retain employment for one or two years after job training completion). Outcomes are not the actual development or delivery of services or program activities. (4) This rating factor requires that applicants identify program outputs, outcomes, and performance indicators [[Page 14069]] that will allow applicants to measure their performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Applicants' narrative, work plan, and Logic Model should identify what applicants are going to measure, how they are going to measure it, and the steps they have in place to make adjustments to their work plan and management practices if performance targets begin to fall short of established benchmarks and time frames. Applicants' proposal must also show how they will measure the performance of partners and affiliates. Applicants must include the standards, data sources, and measurement methods they will use to measure performance. (5) In order to respond to this factor, applicants can use the sample performance measures found at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Applicants will be evaluated based on how comprehensively they propose to measure their program's outcomes. B. Review and Selection Process 1. Review Process for All Grant Categories and All Applicants. Four types of reviews will be conducted: a screening to determine if you are eligible to apply for funding under the ROSS grant category to which you are applying; whether your application submission is complete, on time and meets threshold; a review by the field office (or area ONAP office) to evaluate past performance; and a technical review to rate your application based on the five rating factors provided in this NOFA. 2. Selection Process for All Grant Categories and All Applicants. The selection process is designed to achieve geographic diversity of grant awards throughout the country. For each grant category, HUD will first select the highest ranked application from each of the ten federal regions and DPONAP for funding. After this ``round,'' HUD will select the second highest ranked application in each of the ten federal regions and DPONAP for funding (the second round). HUD will continue this process with the third, fourth, and so on, highest ranked applications in each federal region and DPONAP until the last complete round is selected for funding. If available funds exist to fund some but not all eligible applications in the next round, HUD will make awards to those remaining applications in rank order (by score) regardless of region and DPONAP and will fully fund as many as possible with remaining funds. If remaining funds in one grant category are too small to make an award, they may be transferred to another category under the ROSS program. 3. Tie Scores. In the event of a tie between two applications in the same category which target the same developments, HUD will select the application that was received first. 4. Deficiency Period. Applicants will have 14 calendar days in which to provide missing information requested from HUD. For other information on correcting deficient applications, please see the General Section of the SuperNOFA. VI. Award Administration Information A. Award Notices. HUD will make announcements of grant awards after the rating and ranking process is completed. Grantees will be notified by letter and will receive instructions for what steps they must take in order to access funding and begin implementing grant activities. Applicants who are not funded will also receive letters via U.S. postal mail. B. Debriefings. Applicants who are not funded may request a debriefing. Applicants requesting to be debriefed must send a written request to: Iredia Hutchinson, Director, Grants Management Center, 501 School Street, SW., Suite 800, Washington, DC 20024. C. Administrative and National Policy Requirements. 1. Environmental Impact. In accordance with 24 CFR 58.34 (a)(3) or (a)(9), 58.35(b)(2), (b)(4) or (b)(5), 50.19(b)(3), (b)(9), (b)(12), (b)(14), or (b)(15) activities under this ROSS program are categorically excluded from the requirements of the National Environmental Policy Act of 1969 and are not subject to environmental review under related laws and authorities. 2. Applicable Requirements. Unless specifically enumerated in this NOFA, all applicants, lead and non-lead applicants, are subject to the requirements specified in Section III.C. of the General Section of the SuperNOFA. Grantees are subject to regulations and other requirements found in: a. 24 CFR 84 ``Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations''; b. 24 CFR 85 ``Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments''; c. 24 CFR 964 ``Tenant Participation and Tenant Opportunities in Public Housing''; d. OMB Circular A-87 ``Cost Principles for State, Local, and Indian Tribal Governments'' e. OMB Circular A-110 ``Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations''; f. OMB Circular A-122 ``Cost Principles for Non-Profit Organizations''; and g. OMB Circular A-133 ``Audits of States, Local Governments, and Non-Profit Organizations''. 3. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Applicants and grantees must also comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u and ensure that training, employment, and other economic opportunities shall, to the greatest extent feasible, be directed toward low and very low-income persons, particularly those who are recipients of government assistance for housing and to business concerns which provide economic opportunities to low and very low-income persons. 4. Fair Housing and Civil Rights Laws. Applicants and their subrecipients must comply with all Fair Housing and Civil Rights laws, statutes, regulations, and Executive Orders as enumerated in 24 CFR 5.105(a), as applicable. Please see the General Section of the SuperNOFA for more information. D. Reporting. 1. Semi-Annual Performance Reports. Grantees shall submit semi-annual performance reports to the field office or area ONAP. These progress reports shall include financial reports (SF-269A), a Logic Model (HUD-96010) showing achievements to date against outputs and outcomes proposed in the application and approved by HUD, and a narrative describing milestones, work plan progress, and problems encountered and methods used to address these problems. HUD anticipates that some of the reporting of financial status and grant performance will be through electronic or Internet-based submissions. Grantees shall use quantifiable data to measure performance against goals and objectives outlined in their work plan. Applicants that receive awards from HUD should be prepared to report on additional measures that HUD may designate at time of award. Performance reports are due to the field office on July 30 and January 31 of each year. If reports are not received by the due date, grant funds will be suspended until reports are received. 2. Final Report. All grantees shall submit a final report to their local field [[Page 14070]] office or area ONAP that will include a financial report (SF-269A), a final Logic Model, and a narrative evaluating overall results achieved against their work plan. Grantees shall use quantifiable data to measure performance against goals and objectives outlined in their work plan. The financial report shall contain a summary of all expenditures made from the beginning of the grant agreement to the end of the grant agreement and shall include any unexpended balances. The final narrative, Logic Model, and financial report shall be due to the field office 90 days after the termination of the grant agreement. 3. Final Audit. Grantees are required to obtain a complete final close-out audit of the grant's financial statements by a Certified Public Accountant (CPA), in accordance with generally accepted government audit standards. A written report of the audit must be forwarded to HUD within 60 days of issuance. Grant recipients must comply with the requirements of 24 CFR 84 or 24 CFR 85 as stated in OMB Circulars A-87, A-110, and A-122, as applicable. 4. Logic Model. For each reporting period, as part of your required report to HUD, you must include a completed Logic Model (Form 96010), which identifies output and outcome achievements. VII. Agency Contact(s) For questions and technical assistance, you may call the Public and Indian Housing Information and Resource Center at 800-955-2232. For persons with hearing or speech impairments, please call the toll-free Federal Relay Service at 800-877-8339. In the case of tribes/TDHEs, please contact DPONAP at 800-561-5913 or (303) 675-1600 (this is not a toll-free number). VIII. Other Information A. Code of Conduct. Please see the General Section of the SuperNOFA for more information. B. Transfer of Funds. If transfer of funds from any of the ROSS programs does become necessary, HUD will give first priority to Homeownership Supportive Services, second priority to Family Self- Sufficiency, third priority to RSDM--Family, and fourth priority to RSDM--Elderly/Persons with Disabilities. C. Paperwork Reduction Act. The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2577-0229. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average ten hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. Appendix of Forms. The forms specific to the ROSS Program follow. [[Page 14071]] [GRAPHIC] [TIFF OMITTED] TN21MR05.205 [[Page 14072]] [GRAPHIC] [TIFF OMITTED] TN21MR05.206 [[Page 14073]] [GRAPHIC] [TIFF OMITTED] TN21MR05.207 [[Page 14074]] [GRAPHIC] [TIFF OMITTED] TN21MR05.208 [[Page 14075]] [GRAPHIC] [TIFF OMITTED] TN21MR05.209 [[Page 14076]] [GRAPHIC] [TIFF OMITTED] TN21MR05.210 [[Page 14077]] [GRAPHIC] [TIFF OMITTED] TN21MR05.211 [[Page 14078]] [GRAPHIC] [TIFF OMITTED] TN21MR05.212 [[Page 14079]] [GRAPHIC] [TIFF OMITTED] TN21MR05.213 [[Page 14080]] [GRAPHIC] [TIFF OMITTED] TN21MR05.214 [[Page 14081]] [GRAPHIC] [TIFF OMITTED] TN21MR05.215 [[Page 14082]] [GRAPHIC] [TIFF OMITTED] TN21MR05.216 [[Page 14083]] [GRAPHIC] [TIFF OMITTED] TN21MR05.217 [[Page 14084]] [GRAPHIC] [TIFF OMITTED] TN21MR05.218 [[Page 14085]] [GRAPHIC] [TIFF OMITTED] TN21MR05.219 [[Page 14086]] [GRAPHIC] [TIFF OMITTED] TN21MR05.220 [[Page 14087]] [GRAPHIC] [TIFF OMITTED] TN21MR05.221 Public and Indian Housing Family Self-Sufficiency Program Under the Resident Opportunities and Self-Sufficiency (ROSS) Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Public and Indian Housing. B. Funding Opportunity Title: This NOFA is for the Public and Indian Housing Family Self-Sufficiency program under the Resident Opportunities and Self-Sufficiency (ROSS) program. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA is: FR-4950-N-23. The OMB approval number is: 2577-0229. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): Resident Opportunity and Self Sufficiency, 14.870. F. Dates: The application submission date is June 20, 2005. Please see the General Section for application [[Page 14088]] submission and timely receipt requirements. G. Optional, Additional Overview Content Information: 1. Purpose of Program: The purpose of the Family Self-Sufficiency (FSS) program for Public Housing is to link participating families to the supportive services they need to achieve self-sufficiency and no longer need public assistance. 2. Funding Available: The Department expects to award a total of approximately $22,950,000 ($15,000,000 of appropriations and $7,950,000 of carryover) under the FSS program in Fiscal Year 2005. 3. Award Amounts: Award amounts will be based on locality pay rates for professions similar to that of an FSS program coordinator. Individual award amounts will not exceed $65,000 to pay for the annual salary and fringe benefits of the program coordinator. 4. Eligible Applicants: Eligible applicants are PHAs and tribes/ TDHEs that administer public housing programs. Renewal applicants and new applicants to the program must have an approved FSS Action Plan on file with their local HUD field office prior to this NOFA's application deadline. Please see the Threshold Requirements section for more information. Nonprofit organizations and resident associations are not eligible for funding under this program. 5. Cost Sharing/Match Requirement: There is no match requirement under this funding program. 6. Grant term: The grant term for FSS is one year from the execution date of the grant agreement. ---------------------------------------------------------------------------------------------------------------- Total Grant program funding Eligible applicants Maximum grant amount ---------------------------------------------------------------------------------------------------------------- Public Housing Family Self-Sufficiency... $22,950,000 PHAs, tribes/TDHEs only.... $65,000 maximum salary amount ---------------------------------------------------------------------------------------------------------------- Full Text of Announcement I. Funding Opportunity Description A. Definition of Terms 1. Action Plan describes the policies and procedures of the PHA or tribe/TDHE for operation of a local FSS program, and contains the following information (for a full description of the minimum amount of information the Action Plan must contain, please see 24 CFR 984.201): a. Family demographics. A description of the number, size, characteristics, and other demographics (including racial and ethnic data), and the supportive services needs of the families expected to participate in the FSS program; b. Estimate of participating families. A description of the number of eligible FSS families who can reasonably be expected to receive supportive services under the FSS program, based on available and anticipated federal, tribal, state, local, and private resources; c. Eligible families from other self-sufficiency programs. The number of families participating in other federal, state, or local self-sufficiency programs (provide program name and sponsoring organization) that are expected to participate in the FSS program. d. FSS Family selection procedures. A statement indicating the procedures to be utilized by select families participating in the FSS program. e. Incentives to encourage participation. Description of the FSS account and other incentives the PHA will offer participating families. f. Outreach efforts. The Action Plan must describe the efforts the PHA or tribe/TDHE will make to recruit FSS participants. g. FSS activities and supportive services consist of a description of the activities and supportive services that will be provided by public and private sources. h. Additional requirements. Additional requirements are contained in 24 CFR Part 984. 2. Contract Administrator means an overall grant administrator and/ or a financial management agent used by a troubled PHA to oversee the implementation of the grant and/or the financial aspects of the grant. 3. Indian Tribe (``tribe'') means any tribe, band, nation, or other organized group or a community of Indians, including any Alaska native village, regional, or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, and that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self Determination and Education Act of 1975, or any state-recognized tribe eligible for assistance under section 4 (12)(C) of NAHASDA. 4. NAHASDA-assisted resident means a tribal member living in housing assisted by the Native American Housing Assistance and Self- Determination Act (NAHASDA) of 1996. 5. Past Performance is a threshold requirement. HUD's field offices will evaluate data provided by applicants and their past performance to determine whether an applicant has the capacity to manage the FSS grant program. The area Office of Native American Programs (ONAP) will review past performance for tribal/TDHE submissions. PHAs or tribes/TDHEs that have managed a HUD-funded FSS program for more than five years must be able to demonstrate that families who have participated in the FSS program for five years are actually achieving self-sufficiency and/or have significantly increased their earned income. Please see the section on Threshold Requirements for more information. 6. Person with disabilities means a person who: (1) Has a condition defined as a disability in section 223 of the Social Security Act; (2) Has a developmental disability as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act; or (3) Is determined to have a physical, mental, or emotional impairment which: (i) Is expected to be of long-continued and indefinite duration; (ii) Substantially impedes his or her ability to live independently; and (iii) Is of such a nature that such ability could be improved by more suitable housing conditions. The term ``person with disabilities'' does not exclude persons who have immunodeficiency syndrome (HIV/AIDS) or any conditions arising from the etiologic agent for AIDS. In addition, no individual shall be considered a person with disabilities, for purposes of eligibility for low-income housing, solely on the basis of any drug or alcohol dependence. The definition provided above for persons with disabilities is the proper definition for determining program qualifications. However, the definition of a person with disabilities contained in section 504 of the Rehabilitation Act of 1973 and its implementing regulations must be used for purposes of reasonable accommodations. 7. Program Coordinator under the Family Self-Sufficiency (FSS) program is someone responsible for linking FSS program participants to supportive services. Program Coordinators will work with the Program Coordinating Committee and local service providers to ensure that the necessary services and linkages to community resources are [[Page 14089]] being made; ensuring that the services included in participants' contracts of participation are provided on a regular, ongoing and satisfactory basis; making sure that participants are fulfilling their responsibilities under the contracts and that FSS escrow accounts are established and properly maintained for eligible families. FSS coordinators may also perform job development functions for the FSS program. 8. Project is the same as ``low-income housing project'' as defined in section 3(b)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437 a (b)(1)) (1937 Act). 9. Secretary means the Secretary of Housing and Urban Development. 10. Tribally Designated Housing Entity (TDHE) is an entity authorized or established by one or more Indian tribe to act on behalf of each such tribe authorizing or establishing the housing entity. B. Program Description 1. The FSS program provides funding for PHAs to pay for the salary and fringe benefits of a program coordinator who will link families to the supportive services they need to achieve self-sufficiency. 2. A PHA administering the FSS program must use a Program Coordinating Committee (PCC) to secure the necessary resources to implement the FSS program. A PCC is made up of representatives of businesses, local government, job training and employment agencies, local welfare agencies, educational institutions, childcare providers, and nonprofit service providers, including faith-based and other community organizations. See 24 CFR 984.202 for more information. 3. HUD is looking for applications that either build on existing FSS programs or propose to implement a new Public Housing FSS program. Applicants who propose to link to other ROSS-funded self-sufficiency programs will receive five additional points (see Rating Factor 3 at Section V.A.1.c. (1)(a)(i)). C. Regulations Governing the FSS Program The FSS program is governed by 24 CFR Part 984. II. Award Information A. Total Funding: The Department expects to award a total of approximately $22,950,000 ($15,000,000 of appropriations and $7,950,000 of carryover) under the PH Family Self-Sufficiency program. Funding amounts for individual grantees will be contingent upon HUD field office approval. B. Grant Period: One year. The grant period shall begin the day the grant agreement and the form HUD-1044, ``Assistance Award/Amendment'' are signed. C. Grant Extensions. Requests to extend the grant term beyond the originally established term must be submitted in writing by the grantee to the local HUD field office. Such requests must be done prior to grant termination and with at least 60 days notice to give the field office a reasonable amount of time to fully evaluate the request. Requests must explain why the extension is necessary, what work remains to be completed, and what was accomplished to date. Extensions may be granted one time only by the field office for a period not to exceed six months. D. Type of Award: Grant agreement. III. Eligibility Information A. Eligible Applicants: Eligible applicants are public housing agencies (PHAs), which administer public housing programs and tribes/ TDHEs. New and renewal applicants to the program must have an approved FSS Action Plan on file with their local HUD field office prior to this NOFA's application deadline. Nonprofit organizations and resident associations are not eligible for funding under this program. B. Cost Sharing or Matching: There is no match requirement under this funding program. C. Other: 1. Threshold Requirements. Applicants must respond to each threshold requirement clearly and thoroughly by following the instructions below. If your application fails one threshold requirement (regardless of the type) it will be considered a failed application. The following are threshold requirements that are applicable to this ROSS component: a. Past Performance. HUD's field offices will evaluate data provided by applicants and their past performance to determine whether an applicant has the capacity to manage the FSS program. The area Office of Native American Programs (ONAP) will review past performance for tribal/TDHE submissions. For applicants required to have a contract administrator, field offices will evaluate the contract administrator's past performance. Using Rating Factor 1, the field office will evaluate applicants' past performance. If applicants fail to address what is requested in Rating Factor 1, their application will fail this threshold and will not receive further consideration. b. Contract Administrator Partnership Agreement. PHAs that are troubled at the time of application are required to submit a signed Contract Administrator Partnership Agreement. The agreement must be for the entire grant term. The grant award shall be contingent upon having a signed Partnership Agreement included in the application. Troubled PHAs are not eligible to be contract administrators. Grant writers who assist applicants prepare their FSS applications are ineligible to be contract administrators. For more information on contract administrators, please see the section on Program Requirements below. Please see the General Section for instructions on how to submit the required information with your electronic application. c. FSS Action Plan. New applicants to the program must have a HUD approved FSS Action Plan on file with their local HUD field (or ONAP) office prior to this NOFA's application deadline. PHAs with previously approved Housing Choice Voucher (HCV) FSS Action Plans may either amend their HCV FSS Action Plan to include the FSS program or may submit a separate FSS Action Plan for HUD field office (ONAP) approval. New PH FSS Action Plans and amendments to existing Action Plans must be submitted to applicants' local HUD field office well enough in advance to ensure sufficient time for field office approval of the FSS Action Plan prior to the NOFA deadline. FSS Action Plans must comply with 24 CFR 984.201. d. Minimum Score for All Fundable Applications. Applications that pass all threshold requirements and go through the ranking and rating process, must receive a minimum score of 75 in order to be considered for funding. e. The Dun and Bradstreet Universal Numbering System (DUNS) Number Requirement. Refer to the General Section for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD. You will need a DUNS number to complete your Grants.gov registration. Registration is required for electronic submission. See the General Section for a discussion of the Grants.gov registration process. 2. Program Requirements: a. Hiring a FSS program coordinator. Funds awarded to PHAs under this NOFA may only be used to employ or retain the services of a FSS program coordinator for the one year grant term. A part-time program coordinator may be retained where appropriate. The FSS program coordinator must: (1) Work with the PCC and with local service providers to ensure that FSS [[Page 14090]] program participants are linked to the supportive services they need to achieve self-sufficiency. (2) Ensure that the services included in participants' contracts of participation are provided on a regular, ongoing and satisfactory basis, that participants are fulfilling their responsibilities under the contracts and that FSS escrow accounts are established and properly maintained for eligible families. All of these tasks should be ensured through case management. FSS coordinators may also perform job development functions for the FSS program. (3) Under normal circumstances, a full-time FSS program coordinator should be able to serve approximately 50 FSS program participants, depending on the coordinator's case management functions. (4) Monitor the progress of program participants and evaluate the overall success of the program. For more information on how to measure performance, please see Rating Factor 4 in the ``Application Review Information'' section of this NOFA. b. Outreach. Applicants are encouraged to reach out to persons with disabilities who are public/Indian Housing residents and might be interested in participating in the FSS program. Applicants should include agencies on their FSS PCC that work with and provide services for families with disabilities. c. Eligible families. Current residents of public/Indian housing are eligible. Eligible families who are currently enrolled or participating in local public/Indian housing self-sufficiency programs are also eligible. d. Contract of participation. Each family that is selected to participate in an FSS program must enter into a contract of participation with the PHA or tribe/TDHE that operates the FSS program. The contract shall be signed by the head of the FSS family. e. Contract term. The contract with participating families shall be for five years. During this time each family will be required to fulfill its contractual obligations. PHAs or tribes/TDHEs may extend contracts for no more than two years for any family that requests an extension of its contract provided the PHA or tribe/TDHE finds that good cause exists to provide an extension. This extension request must be in writing. See 24 CFR 984.303 for more information on contracts of participation. f. Escrow accounts for very low or low income participating families. Such accounts shall be computed using the guidelines set forth in 24 CFR 984.305. Note: FSS families who are not low-income are not entitled to an escrow/credit. g. Number of Program Coordinators. (1) Renewal Applicants. (a) Maintaining Program Size. Applicants that received funding from the Operating Fund or the 2004 FSS NOFA may apply for renewal of each FSS coordinator position(s) that has been filled by the applicant in either of the past two years under the Operating Fund or the 2004 FSS NOFA. Funding for more than one program coordinator position is contingent upon HUD field office approval. For renewal applicants, HUD will fund a one percent increase over the amount most recently funded but not to exceed $65,000 for the FSS program coordinator(s) salary and fringe benefits. (b) Expanding Program Size. Applicants wishing to expand their FSS program may in addition to requesting funds for their current FSS program coordinator(s), also request funds for one additional FSS coordinator. Note: Funding priority will be given to renewing existing staff positions for renewal applicants and to applicants wishing to implement a new program (see new applicants below). If sufficient funding is available to fund expanding applicant's existing programs, HUD will do so in accordance with the selection process under Section V(B). (2) New Applicants. A PHA or tribe/TDHE that has not received funding under the Operating Fund for a FSS Program Coordinator may apply for only one program coordinator position as follows: (a) Up to one full-time FSS coordinator position for a PHA or tribe/TDHE with HUD approval to administer an FSS program of 25 or more FSS slots. (b) Up to one full-time position per application for joint PHA/ tribe/TDHE applicants that have HUD approval to administer a total of at least 25 FSS slots between or among them. h. Contract Administrator. The Contract Administrator must assure that the financial management system and procurement procedures that will be in place during the grant term will fully comply with 24 CFR part 85. CAs are expressly forbidden from accessing HUD's Line of Credit Control System (LOCCS) and submitting vouchers on behalf of grantees. Contract administrators must also assist PHAs/tribes/TDHEs to meet HUD's reporting requirements, see Section VI.C. ``Reporting'' for more information. Contract administrators may be: Local Housing Agencies; community-based organizations such as Community Development Corporations (CDCs), churches, temples, synagogues, mosques; nonprofit organizations; State/Regional associations and organizations. Troubled PHAs are not eligible to be contract administrators. Grant writers who assist applicants in preparing their FSS applications are also ineligible to be contract administrators. Organizations that the applicant proposes to use as the contract administrator must not violate any conflicts of interest as defined in 24 CFR Part 84 or 24 CFR Part 85. 3. Number of Applications Permitted: a. General. Applicants may submit only one application under this category. Applicants may submit one application for each of the other funding categories under ROSS (Resident Service Delivery Models-Family, Resident Service Delivery Models-Elderly/Persons with Disabilities and Homeownership Supportive Services) and one application under the Public Housing Neighborhood Networks grant program (tribes/TDHEs are not eligible applicants for the Public Housing Neighborhood Networks grant program); however, applicants must submit separate applications for each funding category. b. Joint applications. Two or more PHAs or tribes/TDHEs may join together to submit an application under this NOFA. Joint applications must designate a lead applicant. Only the lead applicant is subject to threshold requirements as outlined in this NOFA, however both lead and non-lead applicants are subject to the Threshold requirements outlined in Section III. C. of the General Section. The lead applicant must be registered with Grants.gov and submit the application using the Grants.gov portal. The lead applicant must be registered with Grants.gov and submit the application using the Grants.gov portal. Applicants who submit joint applications may not also submit separate applications as sole applicants under this NOFA. 4. Eligible Participants: All program participants must be residents of public/Indian housing or residents of other housing assisted with funding made available under the 2005 Appropriations Act (e.g., residents receiving tenant-based or project-based voucher assistance, as well as elderly and disabled residents). 5. Compliance with Program Requirements. In addition to the program requirements specific to the FSS program, all applicants and grantees must comply with the program requirements contained in Section III.C. of the General Section. [[Page 14091]] IV. Application and Submission Information A. Obtaining an Application Package: There is no application kit this year. Please refer to the General Section for information on how to submit your application electronically. Copies of this published NOFA and application forms for this program may be downloaded from the grants.gov web site at http://www.grants.gov/APPLY. If you have difficulty accessing the information you may call the Grants.gov help desk toll-free at (800) 518-GRANTS or sending an email to Grants.gov">Support@Grants.gov. The operators will assist you in accessing the information. B. Content and Form of Application Submission: 1. Application Format: Before preparing an application to the FSS program, applicants should carefully review the program description, ineligible activities, threshold requirements, and the General Section. Applicants should also review each rating factor found in the ``Application Review Information'' section before writing a narrative response. Applicants' narratives should be as descriptive as possible, ensuring that every requested item is addressed. Applicants should make sure to include all requested information, according to the instructions found in this NOFA and where applicable, in the General Section. This will help ensure a fair and accurate review of your application. 2. Content and Format for Submission: a. Content of Application: Applicants must write narrative responses to each of the rating factors described in this section. Applicants responses must demonstrate that they have the necessary capacity to successfully manage this grant program. Applicants should ensure that their narratives are written clearly and concisely so that HUD reviewers, who may not be familiar with the FSS program, may fully understand your proposal. HUD encourages applicants to carefully review each rating factor, the regulations governing the FSS program, 24 CFR part 984, and the General Section prior to responding to each rating factor. b. Format of Application: (1) Applications may not exceed 35 narrative pages. Narrative pages must be submitted as separate electronic files, formatted as double-spaced, single-sided documents. Each file should have the pages numbered consecutively. Use Times New Roman font style, and font size 12. Supporting documentation, required forms, and certifications will not be counted toward the 35 narrative page limit. See the General Section for information on how to submit documents that are not in electronic format. Applicants should make every effort to submit only what is necessary in terms of supporting documentation. Please see the General Section for instructions on how to submit supporting documentation with your electronic application. (2) The following checklist has been provided to assist applicants ensure they submit all required forms and information. Electronic application filers should make sure the file names for their narratives reflect the labels in the checklist. Each narrative must be in a separate file with all the files zipped together and sent as an attachment in the application submittal. (Note: Applicants who receive a waiver to submit paper applications, must submit their applications in a three-ring binder, with TABS dividing the sections as indicated below): TAB 1: Required Forms: 1. Acknowledgement of Application Receipt (HUD-2993), for paper application submissions only (you must have an approval waiver to submit a paper application); 2. SF-424 Application for Federal Assistance; 3. SF-424 Supplement, Survey on Ensuring Equal Opportunity for Applicants; 4. Questionnaire for HUD's Initiative on Removal of Regulatory Barriers (HUD-27300); 5. HUD-52751ROSS Fact Sheet 6. HUD-424 CB Grant Application Detailed Budget; 7. Grant Application Detailed Budget Worksheet (HUD-424-CBW); 8. HUD-2880 Applicant Disclosure/Update Report; 9. HUD-2990 Certification of Consistency with RC/EZ/EC-II Strategic Plan (if applicable); 10. HUD-2991 Certification of Consistency with the Consolidated Plan (if applicable); 11. Certification of Consistency with the Indian Housing Plan if applicable (HUD-52752); 12. SF-LLL Disclosure of Lobbying Activities (if applicable); 13. SF-LLL-A Disclosure of Lobbying Activities Continuation Sheet (if applicable); 14. HUD-2994 Client Comments and Suggestions (optional); and 15. Facsimile Transmittal (HUD-96011). TAB 2: Threshold Requirements: [sbull] Contract Administrator Partnership Agreement (required for troubled PHAs) (HUD-52755) TAB 3: Rating Factor 1 and ROSS Program Forms 1. Narrative. 2. Chart A: HUD 52756 Program Staffing. 3. Chart B: HUD 52757 Applicant/Administrator Track Record. 4. Resume(s)/Position Description(s). TAB 4: Narrative for Rating Factor 2. TAB 5: Rating Factor 3. 1. Narrative. 2. HUD 52767 Family Self-Sufficiency Funding Request Form. TAB 6: Rating Factor 4 and ROSS Program Forms. 1. Narrative. 2. HUD 96010 Logic Model. C. Submission Dates and Times: 1. Due Dates: The application submission date is June 20, 2005. Please see the General Section for application submission and timely receipt requirements. 2. Proof of Timely Submission. Please see the General Section for this information. Applicants that fail to meet the deadline for application receipt will not receive funding consideration. D. Intergovernmental Review: Not applicable. E. Funding Restrictions: 1. Reimbursement for Grant Application Costs: Applicants who receive an award under this program cannot use FSS grant funds to pay for any costs incurred with the preparation of their FSS grant application. 2. Covered Salaries: a. Program Coordinator: All applicants may hire a qualified program coordinator to run the grant program. The FSS program will fund up to $65,000 in combined annual salary and fringe benefits for a full-time program coordinator. For audit purposes, applicants must have documentation on file demonstrating that the salary they pay the program coordinator is comparable to similar professions in their local area. b. Contract Administrator: FSS funds cannot be used to hire or pay for the services of a Contract Administrator. c. Eligible Salaries. FSS funds may only be used for the types of salaries described in this section according to the restrictions described herein. FSS funds may not be used to pay for salaries of any other kind. 3. Administrative Costs. FSS funds cannot be used to pay for administrative costs. 4. Ineligible Activities. Grant funds may not be used for ineligible activities. Ineligible activities include: a. The salary of an FSS coordinator for the Housing Choice Voucher FSS program; b. Services for FSS program participants; c. Elderly/Disabled Service Coordinator salary and fringe benefits; [[Page 14092]] d. Wages and/or salaries to participants for receiving supportive services and/or training programs; e. The purchase of food; f. The purchase, lease, or rental of land; g. New construction, materials costs; h. Rehab or physical improvements; i. Entertainment costs; j. Purchase, lease, or rental of vehicles; k. Stipends; l. Cost of application preparation; and m. Costs that exceed limits identified in the NOFA for the following: Program Coordinator. n. FSS funds cannot be used to hire or pay for the services of a Contract Administrator. F. Other Submission Requirements: a. Electronic Delivery. Beginning in FY2005, HUD requires applicants to submit applications electronically through www.grants.gov/Apply. Applicants interested in applying for funding must submit their applications electronically via the Web site http://www.grants.gov/Apply. This site has easy to follow step-by-step instructions that will enable you to apply for HUD assistance. The www.grants.gov/Apply feature includes a simple, unified application process to enable applicants to apply for grants online. b. Waivers to the Electronic Submission Process: Applicants may request a waiver to the electronic submission process (see Section IV.F of the General Section for more information). Applicants who are granted a waiver must submit their applications to: HUD Grants Management Center (GMC), Mail Stop: Public Housing FSS Program, 501 School Street, SW., 8th floor, Washington, DC 20024. Please see the General Section for detailed mailing and delivery instructions as the procedures have changed significantly for this year. c. Number of Copies. Only applicants receiving a waiver to the electronic submission requirement must submit an original and two paper copies of the application. One of the copies must be sent to the area field office. See Section IV and Appendix C of the General Section for requirements for waiver and paper copy application submission requirements. V. Application Review Information A. Criteria 1. Factors for Award Used To Evaluate and Rate Applications to the FSS program: The factors for rating and ranking applicants and maximum points for each factor are provided below. The maximum number of points available for this program is 102. This includes two RC/EZ/EC-II bonus points. The SuperNOFA contains a certification that must be completed in order for the applicant to be considered for RC/EZ/EC-II bonus points. A listing of federally designated Empowerment Zones (EZs), Renewal Communities (RCs), or Enterprise Communities, designated by USDA in round II (EC-IIs), is available on HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The agency certifying to RC/EZ/EC-II status must be identified in the listing on HUD's Web site. Note: Applicants should carefully review each rating factor before writing a response. Applicants should make sure their narratives thoroughly address the Rating Factors below and to include all requested information, according to the instructions found in this NOFA. This will help ensure a fair and accurate application review. a. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (45 Points) In rating this factor, HUD will consider the extent to which the proposal demonstrates that the applicant will have qualified and experienced program coordinator(s) dedicated to administering the program. (1) Proposed Program Staffing (10 Points). (a) Staff Experience (5 Points). The knowledge and experience of the proposed program coordinator(s) in planning and managing programs for which funding is being requested. Experience will be judged in terms of recent, relevant and successful experience of the program coordinator(s) to undertake eligible program activities. In rating this factor, HUD will consider experience within the last 5 years to be recent; experience similar to the functions of an FSS program coordinator to be relevant; and experience producing specific accomplishments to be successful. A greater amount of points will be received based on recent and related experience proposed staff have in successfully completing similar tasks. The following information should be provided in order to provide HUD an understanding of proposed staff's experience and capacity: (i) The staff's relevant educational background and/or work experience; and (ii) Relevant and successful experience running programs whose activities are similar to the FSS Program. (b) Staff Capacity (5 Points). Applicants will be evaluated based on whether they have staff in place or will be able to quickly access qualified professional(s), to administer the FSS program in a timely and effective fashion. Applicants' requesting to implement a new FSS program or to expand their existing program must describe their ability to immediately begin implementing an FSS program. Applicants may scan resumes (or position descriptions where staff is not yet hired) for the program coordinator position so they become an electronic attachment to your Grants.gov application. Please see the General Section for instructions on how to submit the required information with your electronic application. (Resume(s)/position description(s) do not count toward the 35-page limit.) (2) Past Performance of Applicant/Contract Administrator (25 Points). Applicants' narrative must describe how they (or their contract administrator) achieved actual results in assisting low-income families and individuals in achieving economic self-sufficiency or moving from welfare to gainful employment. Renewal applicants should include facts and statistics in their narrative from past annual performance reports and/or the FSS addendum to HUD Form 50058. Applicants that have managed a HUD-funded FSS program for more than five years must be able to demonstrate that families who have participated in the FSS program for five years are actually achieving self-sufficiency and/or have significantly increased their earned income. Applicants will be evaluated according to the following criteria: (a) Achievement of specific, measurable participant outcomes in terms of benefits gained by participating residents. (15 Points). Applicants should describe and clearly demonstrate results their participants have achieved through the FSS program, for example: Higher incomes, higher rates of employment, increased savings; and moving out of subsidized housing to market-rate housing. (b) Describe success in attracting and keeping residents involved in past grant-funded training programs (5 Points). HUD wants to see that applicants' grant-funded programs benefited significant numbers of participating residents/families; (c) Description of timely fund expenditure throughout the term of past grants (5 Points). Timely means regular drawdowns throughout the life of the grant, i.e. quarterly drawdowns, with all funds expended by the end of the grant term; (3) Program Administration and Fiscal Management (10 Points). (a) Program Administration and Accountability (5 Points). Applicants [[Page 14093]] should describe how they will manage the program and how HUD can be sure that there is program accountability. (b) Fiscal Management (5 Points). In rating this factor, applicants' skills and experience in fiscal management will be evaluated. If applicants have had any audit or material weakness findings in the past five years, they will be evaluated on how well they have addressed them. Applicants must provide the following: (i) A complete description of their fiscal management structure, including fiscal controls currently in place including those of a contract administrator for applicants required to have a contract administrator, (troubled PHAs); (ii) Applicants must list any audit findings in the past five years (HUD Inspector General, management review, fiscal, etc.), material weaknesses and what has been done to address them; (iii) Applicants who are required to have a contract administrator, must describe the skills and experience the contract administrator has in managing federal funds. b. Rating Factor 2: Need (10 Points) In responding to this factor, you will be evaluated on the extent to which you describe and document the level of need for an FSS program coordinator in the communities you serve. In responding to this factor, you must include: (1) Socioeconomic Profile (5 points). A socioeconomic profile of the eligible residents to be served by your program, including education levels, income levels, the number of single-parent families, etc. (2) Number of People to Be Served (5 points). Renewal applicants must provide the number of people being served and whether they will fill slots left by graduating participants. New applicants must provide the number of slots they will fill. Applicants applying to expand their FSS program, must provide the number of slots they will add to their program. c. Rating Factor 3: Soundness of Approach (30 Points) In rating this factor HUD will consider: (1) Quality of Your Proposal (26 points). This factor evaluates your application based on the following criteria: (a) Scope of Services (12 points). Your narrative should refer to the FSS Action Plan submitted to your local HUD field office and it must describe how many people you plan to serve, whether you will expand your program over time, and how your program will: (i) Link with other ROSS-funded self-sufficiency programs; (5 points) (ii) Involve community partners in the delivery of services; (4 points) and (iii) Link to comprehensive services versus a small range of services geared toward enhancing economic opportunities for residents (3 points). (b) Feasibility and Demonstrable Benefits (10 points). This factor examines whether your proposal is logical, feasible and likely to achieve its stated purpose during the term of the grant. HUD's desire is to fund applications that will quickly produce results and advance the purposes of the FSS program. (i) Timeliness (5 Points). This subfactor evaluates whether your proposal is ready to be implemented shortly after grant award, but not to exceed three months following the execution of the grant agreement. Your proposal must indicate timeframes and deadlines for accomplishing major activities. (ii) Description of the problem and solution (5 Points). Your proposal will be evaluated based on how well your proposal and approach to case management address the needs described in Rating Factor 2. (c) Salary Appropriateness/Efficient Use of Grant (4 Points). You will be evaluated based on whether the salary you propose for the program coordinator is comparable to similar professions in your local area. In addition, your narrative must justify the salary you propose to pay the program coordinator by using local pay rates for comparable professions. (d) Ineligible Activities. Two points will be deducted for each ineligible activity proposed in the application, as identified in Section IV (E). For example, you will lose 2 points if you propose costs that exceed the limits identified in the NOFA for a Project Coordinator. (2) Addressing HUD's Policy Priorities (4 points). HUD wants to improve the quality of life for those living in distressed communities. HUD's grant programs are a vehicle through which long-term, positive change can be achieved at the community level. Your proposal will be evaluated based on how well it meets the following HUD policy priorities: (a) Improving the Quality of Life in Our Nation's Communities (1 point). In order to receive points in this category, your narrative must indicate how your FSS program will help residents successfully transition from welfare to work and earn higher wages. (b) Providing Full and Equal Access to Grassroots Faith-Based and Other Community-Based Organizations in HUD Program Implementation (1 point). HUD encourages applicants to partner with grassroots organizations, e.g., civic organizations, grassroots faith-based and other community-based organizations. These grassroots organizations have a strong history of providing community services such as developing first-time homeownership programs, creating economic development programs, providing job training and other supportive services. In order to receive points under this factor, your narrative must describe how you will work with these organizations and what types of services they will provide. (c) Policy Priority for Increasing the Supply of Affordable Housing Through the Removal of Regulatory Barriers to Affordable Housing (up to 2 points). Under this policy priority, higher rating points are available to: (1) Governmental applicants that demonstrate successful efforts in removing regulatory barriers to affordable housing, and (2) nongovernmental applicants undertaking activities in jurisdictions that have carried out successful efforts in removing barriers. For applicants to obtain the policy priority points for efforts to successfully remove regulatory barriers, applicants would have to complete form HUD 27300, ``Questionnaire for HUD's Initiative on Removal of Regulatory Barriers.'' A copy of HUD's Notice entitled America's Affordable Communities Initiative, HUD's Initiative on Removal of Regulatory Barriers: Announcement of Incentive Criteria on Barrier Removal in HUD's 2004 Competitive Funding Allocations'' can be found on HUD's Web site at http://www.hud.gov/grants/index.cfm. The information and requirements contained in HUD's regulatory barriers policy apply to this FY 2005 NOFA. A description of the policy priority and a copy of form HUD 27300 can be found in the General Section Applicants are encouraged to read the Notice as well as the General Section to obtain an understanding of this policy priority and how it can impact their score. A number of questions expressly request the applicant to provide brief documentation with their response. Other questions require that for each affirmative statement made, the applicant must supply a reference, URL, or a brief statement indicating where the back-up information may be found, and a point of contact, including a telephone number and/or e mail address. The electronic copy of the HUD 27300 has space to identify a URL or reference that the material is being scanned and [[Page 14094]] attached to the application as part of the submission or faxed to HUD following the facsimile submission instructions. d. Rating Factor 4: Achieving Results and Program Evaluation (15 Points) (1) An important element in this year's NOFA is the development and reporting of performance measures and outcomes. This factor emphasizes HUD's determination to ensure that applicants meet commitments made in their applications to help families achieve true self-sufficiency. Applicants must demonstrate how they propose to measure their success and outcomes as they relate to the Department's Strategic Plan. (2) HUD requires FSS applicants to develop an effective, quantifiable, outcome-oriented plan for measuring performance and determining that goals have been met. Applicants must use the Logic Model form (HUD-96010) for this purpose. (3) Applicants must establish interim benchmarks, or outputs, for their proposed program that lead to the ultimate achievement of outcomes. ``Outputs'' are the direct products of a program's activities. Examples of outputs are: the number of eligible families that participate in supportive services, the number of families enrolled, the number of families with increased earned income, the number of families who have left assisted housing altogether, or the number of households that develop an escrow account. ``Outcomes'' are benefits that the residents, families and/or communities have accrued during or after participation in the FSS program. Applicants must clearly identify the outcomes to be achieved and measured. Examples of outcomes are: increasing residents' financial stability (e.g., increasing assets of a household through savings or escrow), increasing the number of FSS graduates, or increasing employment stability (e.g., whether persons assisted obtain or retain employment for one or two years after job training completion). Outcomes are not the actual development or delivery of services or program activities. (4) This rating factor requires that applicants identify program outputs, outcomes, and performance indicators that will allow HUD and applicants to measure performance and accountability. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Applicants' narrative and Logic Model should identify what applicants are going to measure, how they are going to measure it, and the steps they have in place to make adjustments to their work or management practices if performance targets begin to fall short of established benchmarks and timeframes. Applicants must include the standards, data sources, and measurement methods they will use to measure performance. (5) In order to respond to this factor, applicants should use the sample performance measures (HUD-52758) located in the Appendix as a guide. Applicants will be evaluated based on how they propose to measure their program's outcomes, e.g. whether the Logic Model tracks activities and outcomes resulting from the proposed activities, whether the Logic Model identifies evaluation tools and sources, and whether the Logic Model provides output and outcome information for the short, medium and long-term. B. Review and Selection Process 1. Review Process: Four types of reviews will be conducted: a screening to determine if you are eligible to apply for funding under the FSS grant category; whether your application submission is complete, on time and meets the threshold requirements; a review by the field office (or ONAP) to evaluate past performance and whether there is an approved FSS Action Plan on file with the field office; and a technical review to rate your application based on the four rating factors provided in this NOFA. 2. Selection Process: The selection process is designed to achieve geographic diversity of grant awards throughout the country. HUD will first select the highest ranked application from each of the ten federal regions and DPONAP for funding. After this ``round,'' HUD will select the second highest ranked application in each of the ten federal regions (the second round). HUD will continue this process with the third, fourth, and so on, highest ranked applications in each federal region and DPONAP until the last complete round is selected for funding. If available funds exist to fund some but not all eligible applications in the next round, HUD will make awards to those remaining applications in rank order (by score) regardless of region and DPONAP and will fully fund as many as possible with remaining funds. If remaining funds are too small to make an award, they may be transferred to another ROSS funding category. 3. Tie Scores. In the event of a tie between two applications from the same region, HUD will select the application that was received first. 4. Deficiency Period. Applicants will have fourteen calendar days to provide missing information requested from HUD. For other information on correcting deficient applications, please see the General Section. VI. Award Administration Information A. Award Notices: HUD will make announcements of grant awards after the rating and ranking process is completed. Grantees will be notified by letter and will receive instructions for the steps they must take to access funding and begin implementing grant activities. Applicants who are not funded will also receive letters via U.S. postal mail. B. Debriefings: Applicants who are not funded may request a debriefing. Applicants requesting to be debriefed must send a written request to: Iredia Hutchinson, Director, Grants Management Center, 501 School Street, SW., Suite 800, Washington, DC 20024. See the General Section for additional information on debriefings. C. Administrative and National Policy Requirements: 1. Environmental Impact. No environmental review is required in connection with the award of assistance under this NOFA. The reason being the NOFA only provides funds for employing a coordinator who provides public and supportive services and/or a contract administrator who provides administrative and management services. Theses services listed above are categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and not subject to compliance actions for related environmental authorities under 24 CFR 50.19(b)(3), (4) and (12). 2. Applicable Requirements. Grantees are subject to regulations and other requirements found in: a. OMB Circular A-87 ``Cost principles for State, Local, and Indian Tribal Governments''; b. OMB Circular A-133 ``Audits of States, Local Governments, and Non-Profit Organizations''; c. HUD Regulations 24 CFR Part 984 ``Section 8 and Public Housing Family Self-Sufficiency Program''; and d. HUD Regulations 24 CFR Part 85 ``Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments''. 3. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Applicants and grantees must also comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u and ensure that training, employment, and other economic opportunities shall, to the greatest extent feasible, be directed toward low and very low-income persons, particularly those who are recipients of government assistance for housing and [[Page 14095]] to business concerns which provide economic opportunities to low and very low-income persons. 4. Fair Housing and Civil Rights Laws. Applicants and their subrecipients must comply with all Fair Housing and Civil Rights laws, statutes, regulations, and Executive Orders as enumerated in 24 CFR 5.105(a), as applicable. Please see the General Section for more information. 5. Provision of Services to Individuals with Limited English Proficiency (LEP). Successful applicants and grantees must seek to provide access to program benefits and information to LEP individuals through translation and interpretive services in accordance with HUD's LEP Recipient Guidance 68 FR 70968. 6. Communications. Successful applicants should ensure that notices of and communications during all training sessions and meetings be effective for persons who have hearing and/or visual disabilities consistent with Section 504, see 24 CFR Part 8.6. D. Reporting: 1. Semi-Annual Performance Reports. Grantees shall submit semi-annual performance reports to the field office. These progress reports shall include financial reports (SF-269A or its successor), the Logic Model showing achievements to date against proposed outputs and outcomes, and your evaluation procedures and activities undertaken to ensure that the project remains on schedule, within budget and that you are achieving the goals established. A narrative describing milestones, work plan progress, and problems encountered and methods used to address these problems must also be included. HUD anticipates that some of the reporting of financial status and grant performance will be through electronic or Internet- based submissions. Grantees shall use quantifiable data to measure performance against goals and objectives outlined in their Logic Model. Applicants that receive awards from HUD should be prepared to report on additional measures that HUD may designate at time of award. Performance reports are due to the field office on July 30 and January 31 of each year. If reports are not received by the due date, grant funds will be suspended until reports are received. 2. Reporting Using HUD-50058 Addendum. Grantees must also report on PH FSS program participants to PIC using the HUD-50058 addendum to report on the enrollment, progress, and exit of individual families. Failure to report to PIC is a violation of the program and may result in grant termination. 3. Final Report. All grantees shall submit a final report to their local field office. This will include a financial report (SF-269A or its successor) and a narrative evaluating overall performance against goals. Grantees shall use quantifiable data to measure performance against goals and use the Logic Model as part of their final report submission. The financial report shall contain a summary of salary expenditures made from the beginning of the grant agreement to the end of the grant agreement and shall include any unexpended balances. The final narrative, Logic Model, and financial report shall be due to the field office 90 days after the termination of the grant agreement. VII. Agency Contact(s) For questions and technical assistance, you may call the Public and Indian Housing Information and Resource Center at 800-955-2232. For persons with hearing or speech impairments, please call the toll-free Federal Relay Service at 800-877-8339. VIII. Other Information A. Code of Conduct: See the General Section for more information. B. Transfer of Funds. If transfer of funds from any of the ROSS programs does become necessary, HUD will give first priority to Homeownership Supportive Services, second priority to Family Self- Sufficiency, third priority to RSDM--Family, and fourth priority to RSDM--Elderly/Disabled. HUD does not have the discretion to transfer funds for the Neighborhood Networks program to any other funding category under ROSS. C. Paperwork Reduction Act: The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2577-0229. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average eight hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. D. Appendix of Forms. The forms specific to the FSS under the ROSS Program follow. [[Page 14096]] [GRAPHIC] [TIFF OMITTED] TN21MR05.222 [[Page 14097]] [GRAPHIC] [TIFF OMITTED] TN21MR05.223 [[Page 14098]] [GRAPHIC] [TIFF OMITTED] TN21MR05.224 [[Page 14099]] [GRAPHIC] [TIFF OMITTED] TN21MR05.225 [[Page 14100]] [GRAPHIC] [TIFF OMITTED] TN21MR05.226 [[Page 14101]] [GRAPHIC] [TIFF OMITTED] TN21MR05.227 [[Page 14102]] [GRAPHIC] [TIFF OMITTED] TN21MR05.228 [[Page 14103]] [GRAPHIC] [TIFF OMITTED] TN21MR05.229 [[Page 14104]] [GRAPHIC] [TIFF OMITTED] TN21MR05.230 [[Page 14105]] [GRAPHIC] [TIFF OMITTED] TN21MR05.231 [[Page 14106]] [GRAPHIC] [TIFF OMITTED] TN21MR05.232 [[Page 14107]] [GRAPHIC] [TIFF OMITTED] TN21MR05.233 [[Page 14108]] [GRAPHIC] [TIFF OMITTED] TN21MR05.234 [[Page 14109]] [GRAPHIC] [TIFF OMITTED] TN21MR05.235 Housing Opportunities for Persons With AIDS (HOPWA) Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Community Planning and Development (CPD), Office of HIV/AIDS Housing. B. Funding Opportunity Title: Housing Opportunities for Persons With AIDS (HOPWA). C. Announcement Type: Initial Announcement [[Page 14110]] D. Funding Opportunity Number: The Federal Register number for this NOFA is: FR-4900-N-14. The OMB approval number for this program is 2506-0133. E. Catalog of Federal Domestic Assistance (CFDA) Numbers: 14.241 Housing Opportunities for Persons With AIDS Program. F. Dates: The application submission date is on May 27, 2005 for the Renewal of expiring HOPWA permanent supportive housing projects and for New and Continuing HOPWA applications. Refer to the General Section for application submission and timely receipt requirements. G. Additional Overview Information: 1. Purpose of the Program: To provide States and localities with the resources and incentives to devise Long-term comprehensive strategies for meeting the housing and related supportive service needs of low-income persons with Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) and their families. Grant recipients will measure client outcomes to assess how housing assistance results in creating or maintaining stable housing, reduces risks of homelessness, and improves access to healthcare and other needed support. States, units of general local government, and nonprofit organizations interested in applying for funding under this grant program should carefully review the General Section and detailed information listed in this Program NOFA. There is no separate Application Kit for this Program NOFA. 2. Available Funds. Approximately $27,925,000 in FY2005 funding is made available along with approximately $9,052,000 in remaining FY2004 funds. These amounts may be adjusted based on the approved appropriations for the Department's HOPWA program for Fiscal Year 2005. The Department's 2004 SuperNOFA, published on May 14, 2004, stated that HUD would issue a Notice at a later date to award any remaining 2004 HOPWA competitive funds for new and continuing projects. The selection of the 2004 Renewals for permanent supportive housing projects was made on October 25, 2004 for the award of $20,175,475 to 22 eligible projects. The remaining amount of approximately $9,052,000 is being made available through this Notice. This Notice makes available funding for three types of HOPWA competitive grants: (1) Renewals of expiring HOPWA projects that conduct permanent supportive housing activities (Renewals); (2) new awards for permanent supportive housing activities to be conducted by States and units of general local government that are not eligible to receive HOPWA formula allocations (Long-term projects); and (3) awards for new and continuing Special Projects of National Significance (SPNS) demonstration projects that will undertake new housing service delivery models or housing project activities that include plans to provide HOPWA clients with permanent housing assistance by the end of the operating period. Remaining FY2004 funds will be made available for new long-term projects and, if funds remain, for new and continuing SPNS demonstration projects, in the order of their ranking in their category of grants. FY2005 funds will be made available in the following priority order: (1) Renewal of expiring HOPWA grants providing permanent supportive housing as described in Renewal of Permanent Supportive Housing Grants; (2) and if FY2005 funds remain, new awards for long- term projects; and (3) then awards for new and continuing Special Projects of National Significance (SPNS) demonstration projects. 3. Eligible Applicants. States, units of general local government, and nonprofit organizations may apply for HOPWA competitive funding under this Program NOFA. Eligibility requirements are contained below. 4. Match. There are no cost sharing or matching requirements for applications under this program NOFA. However, requests to fund projects under this Program NOFA will be reviewed for leveraging, see Section IV.B. 5. Authorities. If you are interested in applying for funding under this program, please review carefully the General Section and the following sections of this Program NOFA. For more information on eligible activities under the HOPWA Program, see the HOPWA program regulations at 24 CFR part 574 and the AIDS Housing Opportunity Act (42 U.S.C. 12901-12912), which govern the program. Full Text of Announcement Funding Opportunity Description A. Program Description 1. Renewal of Permanent Supportive Housing Grants. Under the Department's Appropriations Act, the Secretary is required to renew qualifying expiring contracts for permanent supportive housing. HUD will renew previously funded competitive grants that meet the eligibility requirements below and all program requirements. Applications will be reviewed on a pass/fail threshold review system and are not required to address the Department policy priorities described in the General Section. 2. New Long-Term Projects for Permanent Supportive Housing. HUD will award funds for permanent supportive housing activities through a competitive selection process for new Long-term projects that provide housing and related supportive services to low-income persons living with HIV/AIDS and their families in areas that are not eligible for HOPWA formula allocations. 3. New and Continuing SPNS Demonstration Grants. HUD will award new and continuing Special Projects of National Significance (SPNS) demonstration grants through a competitive selection process. SPNS demonstration projects will undertake new housing service delivery models or housing project activities that include plans to provide HOPWA clients with permanent housing assistance by the end of the operating period under the award. Consistent with the selection considerations established at 42 U.S.C. 12903(c)(3)(C), demonstration projects will help show program successes or lessons learned in planning, operating and evaluating an innovative type of service delivery model for the purposes of demonstrating potential replicability in the HOPWA program, in addition to other housing programs throughout the nation. For purposes of this Program NOFA, ``New and Continuing projects'' refers to new Long-term projects and new and continuing SPNS demonstration projects collectively. 4. Definitions for all HOPWA grants. a. Chronically Homeless Person. A chronically homeless person is defined as an unaccompanied homeless individual with a disabling condition who has either been continuously homeless for a year or more OR has had at least 4 episodes of homelessness in the past 3 years. A disabling condition is defined as a diagnosable substance abuse disorder, serious mental illness, developmental disability, or chronic physical illness or disability, including the co-occurrence of two or more of these conditions. b. Long-term Project. The term ``Long-term Project'' refers to projects established by State or local government applicants that are part of Long-term Comprehensive Strategies (Long-term) which provide housing and related supportive services for low-income persons living with HIV/AIDS and their families in areas that are not eligible for HOPWA formula allocations. c. SPNS Demonstration Grant or Project. The term SPNS demonstration grant refers to Special Projects of National Significance (SPNS) awards for [[Page 14111]] new housing project activities or service delivery models for providing housing assistance to eligible persons. In conjunction with these activities, SPNS demonstration projects must include specific plans to provide HOPWA clients with permanent housing assistance by the end of the operating period under the award. SPNS demonstration grants will only be awarded to transitional, short-term and emergency housing projects. Funding for SPNS demonstration projects is provided on a one- time only basis. These projects do not provide permanent supportive housing and, therefore, will not be eligible for renewal under the current criteria for permanent supportive housing projects. HOPWA support for participants is expected to terminate as they become more self-sufficient, move to or benefit from permanent housing programs, or establish stable permanent housing through other means. d. Expiring Grant is defined by the end date in the grant agreement signed with HUD on the existing project (including any amendment or extension approved by HUD) which results in an existing agreement expiring in Federal Fiscal Year 2005 (i.e., from October 1, 2004 to September 30, 2005), or will expire within 18 months after the date of the publication of this Program NOFA. e. Lease or Occupancy Agreement. In establishing that an eligible person has obtained permanent supportive housing and a legal right to continue in that housing unit, the lease or occupancy agreement must be for a term of at least one year. The lease or occupancy agreement must also be automatically renewable upon expiration, except on reasonable prior notice by either the tenant or the landlord. f. Nonprofit Organization. Non-profit organization means any non- profit organization (including a State or locally chartered, nonprofit organization) that: (1) Is organized under State or local laws; (2) Has no part of its earnings inuring to the benefit of any member, founder, contributor or individual; (3) Has a functioning accounting system that is operated in accordance with generally accepted accounting principles, or has designated an entity that will maintain such an accounting system; and (4) Has among its purposes significant activities related to providing services or housing to persons with acquired immunodeficiency syndrome or related diseases, as clarified to include infection with the human immunodeficiency virus (HIV). g. Permanent Supportive Housing. Permanent supportive housing is defined as housing in which the eligible person has a continuous legal right to remain in the unit and which provides the eligible person ongoing supportive services through qualified providers. HUD will consider a grant to provide permanent supportive housing if 51 percent or more of HOPWA program activity funds are used: (1) To provide for the development or operation of permanent housing or rental assistance for permanent housing units where ongoing supportive services are made available through other leveraged resources; and (2) to provide for supportive services for residents in permanent housing; or (3) in some combination of these. As provided in Section III.C.2.(i), ``Grant Purpose and Agreements to Operate Eligible Permanent Supportive Housing Grants'', you must include in your grant files a copy of the standard lease form or occupancy agreement used for residents of the project. The lease or occupancy agreement must meet the definition for such agreements provided above. Failure to maintain this project documentation of the client's lease or occupancy agreement will constitute a grant default. The requirements governing termination of housing are located in 24 CFR 574.310(e). h. Transitional Housing. For purposes of this notice, the term ``transitional housing'' means housing, the purpose of which is to facilitate the movement of eligible person(s) to permanent housing within 24 months. The eligible person(s) may remain in transitional housing for a longer period if permanent housing for the eligible person(s) has not been located or the eligible person(s) requires additional time to prepare for independent living. However, no more than half of the eligible persons may remain in that project longer than 24 months. Failure to observe this requirement may constitute a grant default, which could result in grant sanctions (including deobligation). B. Statutory and Regulatory Requirements If you are interested in applying for funding under this program, please review carefully the General Section and this Program NOFA. For more information on the HOPWA program, including eligible uses of funds, see the HOPWA program regulations at 24 CFR part 574 and the AIDS Housing Opportunity Act (42 U.S.C. 12901-12913), which govern the program. C. Availability of Other HOPWA Resources 1. Formula Allocations. Applicants are advised to also consider seeking funds from the formula component of the HOPWA program and from other resources. Ninety percent of the HOPWA program is allocated by formula to eligible States and qualifying cities. In FY2005, HUD expects that the approximately $251 million in HOPWA funds will be distributed by formula to the qualifying cities for 83 eligible metropolitan statistical areas (EMSAs) and to 39 eligible States for areas outside of EMSAs. The formula amounts are subject to the amounts approved by Congress for Fiscal Year 2005. Recipients of formula funds must follow HUD's Consolidated Plan process. Information on consolidated planning, including HOPWA formula programs and descriptions of previously awarded competitive grants, is available on the HUD Web site at www.hud.gov/grants. 2. National HOPWA Technical Assistance. To apply for funding to serve as a provider of HOPWA technical assistance, you must submit an application for funds under the Community Development Technical Assistance (CDTA) part of the SuperNOFA. The CDTA notice makes HOPWA funds available to organizations qualified to provide technical assistance support to HOPWA grantees and project sponsors. Organizations seeking help in managing their HOPWA project, such as advice or other help needed in planning, operating, reporting to HUD and evaluating HOPWA programs, can request technical assistance by contacting their State or area CPD office. II. Award Information A. Total. Approximately $27,925,000 in FY2005 funding along with approximately $9,052,000 in carry-over FY2004 funds will be awarded under this HOPWA Program NOFA. B. Number and Timing of Awards. HUD anticipates that projects awarded under this Notice will be announced by August 30, 2005. It is expected that selected Renewal Projects will continue program activities under a new grant agreement for an additional three years. The start date for the new agreement shall be immediately following the end date of the existing agreement so there is continuity of service. The period of performance for new Long-term projects is three years, with the potential for HUD approval of a one-time extension of up to 12 months. These grants may be eligible for Renewal as expiring permanent supportive housing projects. [[Page 14112]] The period of performance for new and continuing SPNS demonstration projects is three years, with the potential for HUD approval of a one- time extension of up to 12 months. These grants do not provide permanent supportive housing and, therefore, will not be eligible for Renewal under the current criteria for permanent supportive housing projects. C. Maximum Grant Award. In order to fairly distribute available funding, the maximum grant award that you may receive is: 1. For program activities: $1,300,000 (e.g., activities that directly benefit eligible persons); 2. For grant administrative costs of the grantee: 3 percent of the awarded grant amount (e.g., an additional $39,000 if the maximum grant is awarded); 3. For grant administrative costs for project sponsors: 7 percent of the amounts received by the project sponsor under the grant (e.g., an additional $91,000 if the maximum grant is awarded); 4. Total maximum grant amount for all categories of grant awards under this NOFA is: $1,430,000. D. Average Grant Award. Based on the results of the 2004 HOPWA competition, the average grant award for the 22 grants selected was $916,600. III. Eligibility Information A. Eligible Applicants 1. Eligibility for Funding to Nonprofit Organizations. If you are a nonprofit organization, you must also satisfy the nonprofit requirements established in the definition for eligible nonprofit organization found in 24 CFR 574.3 and in the definitions section of this Program NOFA. In the case that a nonprofit organization is being added to your Renewal project in your application, or a sponsor's legal status has changed due to merger or other action, you will also need to submit the related required information described in Section IV.B of this Program NOFA. 2. General Eligibility for Renewal of Expiring Grants for Permanent Supportive Housing. Eligible applicants are States, units of general local government, and nonprofit organizations that have been awarded funds under a previous HOPWA national competition and operated their projects under a signed grant agreement with HUD. To be eligible, your project must provide permanent supportive housing to eligible persons under an expiring grant and meet the threshold requirements established under this Program NOFA to continue to receive funding for your project. 3. Additional Eligibility for Renewal and Continuing Projects. To be eligible for a Renewal or continuing grant, you must be operating your existing HOPWA competitive project in a manner that meets program requirements. This is evidenced by not having a record of poor performance or unresolved grants management issues with your existing project. HUD will consider any evidence of poor performance taking place up to the date of the public announcement of awards under this NOFA. Unresolved problems may include: HUD knowledge that planned activities remain significantly delayed in their implementation; a significant number of planned housing units are vacant; required annual progress reports are not timely filed with HUD; unresolved actions pending under a HUD notice of default on your current grant or significant citizen complaints are unresolved or not responded to with justified reasons. Weak performance may also be evident if more than 50 percent of grant funds remain recorded as unexpended as of the application due date for Renewals under this Program NOFA, as measured by reimbursements filed with HUD's financial system. 4. General Eligibility on New and Continuing Applicants and Sponsors. States, units of general local government, and nonprofit organizations may apply under the Special Projects of National Significance (SPNS) demonstration grants category to propose new or continuing projects which will provide residents with permanent housing assistance by the end of their operating period. However, States and units of general local government are encouraged to apply under the ``Long-term'' category, if the project entails new permanent supportive housing activities in areas that did not receive HOPWA formula allocations in FY2004 or are not designated to receive allocations in FY2005. Applicants under the Long-term category of grants will be reviewed, rated, and ranked with other applications under this funding category. Nonprofit organizations are not eligible to apply directly for Long-term grants, but may serve as a project sponsor for an eligible State or local government applicant. B. Cost Sharing or Matching There are no cost sharing or matching requirements for applications under this program NOFA. However, requests to fund projects under this Program NOFA will be reviewed for leveraging, see Section IV.B. paragraphs 3.e. for renewals and 4.f. for new and continuing projects. C. Other Eligibility Requirements 1. Threshold Requirements for All Applications. Applicants must meet the Threshold requirement identified in the General Section. HUD will also review your application to determine that you are eligible for funding, as follows: a. Eligible Applicant. (1) Your application is consistent with the requirements of Section III of this Program NOFA for eligibility based on applicant requirements, project sponsor requirements and the lack of any unresolved management issues for Renewal and continuing grants; and (2) Your application complies with the Dun and Bradstreet Data Universal Numbering System (DUNS) Number Requirement. Beginning in Federal Fiscal Year 2004, any applicant seeking funding directly from HUD must obtain a DUNS number and include it in their SF-424 Application for Federal Assistance submission. Failure to provide a DUNS number can prevent you from obtaining an award. This policy is pursuant to OMB Policy issued in the Federal Register on June 27, 2003 (68 FR 38402). The Grants.gov registration process for applying on line requires the applicant have a DUNS number to be authenticated. More information on the requirement of the DUNS Number can be found in the General Section. b. Expiring Grants. For a Renewal or continuing grant, your application is consistent with the definition for a HOPWA expiring grant in Section I.A. of this Program NOFA. c. Permanent Supportive Housing Projects. For a Renewal or new Long-term project, your application is consistent with the definition for a HOPWA permanent supportive housing grant in Section I.A of this Program NOFA. d. Eligible Project Sponsors. Your application is consistent with the requirements for eligibility of project sponsors, as follows: If the project sponsor is a nonprofit organization, that organization must also satisfy the nonprofit requirements established in the definition of eligible nonprofit organization found in 24 CFR 574.3 and in the definition section of this Program NOFA. In the case that the organization's nonprofit status has changed since the time of your original application to HUD under the prior competition, or a nonprofit organization is being added to your Renewal or New and Continuing project, you will need to submit the required information [[Page 14113]] described in Section IV.B. of this Program NOFA. To the maximum extent possible, the Renewal project should continue with the same project sponsors, as documented in the prior HOPWA award or amendments to that award as approved by HUD. HUD will consider the merits for changing a project sponsor as sufficient if the new sponsor evidences the capacity to enhance project operations or improve responsiveness to eligible persons. Such examples for changing a project sponsor may be that a new project sponsor has greater management, financial, or program service delivery capacity to conduct program activities or a prior project sponsor is no longer in operation, had evidence of inefficient or unresponsive behavior under their prior service, or has merged with another entity. 2. Program Requirements. All grant recipients must also meet the following program requirements, including performance goals and operational benchmarks and conduct project activities in a consistent and ongoing manner over the approved grant operating period. If a selected project does not meet the appropriate requirement, HUD reserves the right to cancel or withdraw the grant funds. a. General Provisions. The provisions outlined within the General Section apply to the HOPWA program unless otherwise stated within this Program NOFA. Specifically, you are encouraged to review, Section III.C., Other: Requirements and Procedures Applicable to All Programs. b. Environmental Requirements. All HOPWA assistance is subject to the National Environmental Policy Act and applicable related Federal environmental authorities. While some eligible activities, such as tenant-based rental assistance, supportive services, operating costs, and administrative costs, are excluded from environmental review because of the lack of environmental impact, other activities require environmental review. All new facility-based projects must undergo an environmental review. In accordance with Section 856(h) of the AIDS Housing Opportunities Act and the HOPWA regulations at 24 CFR 574.510, environmental reviews for HOPWA activities are to be completed by responsible entities (including units of general local government, States, Indian tribes, and Alaska Native villages) in accordance with 24 CFR part 58. Applicants or grantees that are not a responsible entity must request the unit of general local government to perform the environmental review. HOPWA grantees and project sponsors may not commit or expend any grant or non-federal funds on project activities until HUD has approved a ``Request for Release of Funds and Certification'' (RROF), form HUD-7015.15, on compliance with the National Environmental Policy Act and implementing regulations at 24 CFR part 58 (Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities) and the environmental certification from the responsible entity (other than those listed in 24 CFR 58.22(f), 58.34 or 58.35 (b) for which the responsible entity documents its findings of exemption or exclusion for the environmental review record (24 CFR 58.34 (b) or 24 CFR 58.35 (d)). The recipient, its project partners and their contractors may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project, or commit or expend HUD or local funds for such eligible activities, until the responsible entity (as defined in 58.2) has completed the environmental review procedures required by 24 CFR part 58 and the environmental certification and RROF have been approved. HUD will not release grant funds if the recipient or any other party commits grant funds (i.e., incurs any costs or expenditures to be paid or reimbursed with such funds) before the recipient submits and HUD approves its RROF (where such submission is required). The recipient shall supply all available, relevant information necessary for the responsible entity to perform, for each property, any environmental review required. c. Required HOPWA Performance Goals. Grant recipients must conduct activities consistent with their planned annual housing assistance performance output goals, objectively measure actual achievements against anticipated achievements, and report on their actual performance housing outputs and client outcomes. Applicants are requested to use the HOPWA Budget Form found in the appendices in this Program NOFA for recording the funding for housing assistance activities that are associated with these performance outputs, including any funding request for HOPWA funds and/or your commitment to use other funds for this purpose. Applicants must establish a reasonable client outcome goal on achieving housing stability to be quantified after each year of operation to demonstrate client outcomes. HUD expects that each HOPWA grantee will show that at least half of the beneficiaries achieve stable housing in their program during the operating year, as shown by stable housing arrangements for the household at the end of each operating year. The grantee will assist in establishing a baseline on annual performance to help measure how future efforts lead to the achievement of higher levels of housing stability. On a national basis, HUD has established the goal that over 80 percent of clients will be shown to be in stable housing situations by 2008. (1) Required Output. The projected number of low-income households with persons living with HIV/AIDS expected to benefit from HOPWA assistance by the type of housing support to be provided through your project during each operating year. (2) Required Outcome. Through the use of HOPWA housing assistance and related supportive services, the number of eligible persons shown annually to have established or maintained housing stability, along with reduced risks of homelessness, and improved access to healthcare, and other support for eligible persons. d. Optional Program Performance Goals. (1) Optional Outputs. In addition to required performance goals described in the paragraph above, you may include other measures or annual indicators, such as the projected numbers of persons, client contacts by service, the number of permanent housing client plans established by case managers, the number of jobs created through a job training or skills development program or other measures of the numbers to be served through each activity during each project operating year. (2) Optional Outcomes. In addition, you may establish other outcome goals, such as: increase the access to permanent housing for eligible persons to enable these households to become more self-sufficient as evidenced by increase in income or reduced need for housing or other Federal or non-federal subsidies and support. In addition, outcomes should also address the challenge of homelessness for persons living with HIV/AIDS and their families, including persons who are chronically homeless, by enabling them to move from transitional housing to permanent housing with appropriate supportive services assistance. e. HUD Logic Model. To illustrate the planning for the use of resources, project activities, required outputs and outcomes, and other grantee identified goals, and for reporting on annual accomplishments, you must use the Logic Model (Form HUD-96010) in the General Section to meet these application requirements. Applicants [[Page 14114]] must make use of the required elements in paragraph (a) in this form. f. HOPWA Facility Use Period Requirement. Any building or structure assisted with amounts under this part will be maintained as a facility to provide assistance for eligible persons: (1) For not less than 10 years in the case of assistance involving new construction, substantial rehabilitation or acquisition of a building or structure; and (2) for not less than three years in cases involving substantial rehabilitation or repair of a building structure. g. Grant Purpose and Agreements to Provide Permanent Supportive Housing. As a requirement for the receipt of these Federal funds, the grant applicant agrees to maintain project eligibility and related documentation on the following: (1) Agreement to Continue the Provision of Permanent Housing. For projects providing permanent housing, your application constitutes an agreement that you will continue to provide permanent supportive housing support to HOPWA eligible persons over the operating period of this grant. This agreement must insure that at least 51 percent of the HOPWA program activity funds awarded to your project are used for this purpose and any new funds and related commitment of other funds will continue to provide permanent supportive housing to eligible persons for the planned annual outputs. (2) Agreement to Continue the Use of Other Resources. If your project will rely on other State, local, Federal, or private resources to provide the permanent housing or supportive services portion of your project as documented and approved by HUD in commitment letters for leveraging, you must ensure that the other resources will continue to be available for that purpose for project beneficiaries throughout their commitment periods under the term of the grant. Failure to use committed resources as documented and approved by HUD for leveraging will constitute a grant default which could result in grant sanctions, including the reduction in amounts awarded for supportive services for which the commitment is not evidenced in grant operations. (3) Agreement on Permanent Client Occupancy. For projects providing permanent housing, excluding short-term mortgage, rent, and utility payments projects, you must agree to maintain evidence that the client has a continuous legal right to remain in the unit or property and has access to ongoing supportive services provided through qualified providers. You must include in your grant files a copy of the standard lease form or occupancy agreement used for residents of the project. The lease or occupancy agreement must be for a term of at least one- year. The lease or occupancy agreement must also be automatically renewable upon expiration, except on reasonable prior notice by either the tenant or the landlord. The requirements governing termination of housing are located in 24 CFR 574.310(e). Failure to maintain this project documentation of the client's lease or occupancy agreement will constitute a grant default. h. Execution of Grant Agreement and Obligation of Awards. HOPWA grants are obligated upon execution of the grant agreement Applicants selected for receiving FY2005 funding must execute grant agreements, as soon as practicable but no later than six months after the notice of selection. For applicants selected for receiving FY2004 funding under this competition, the grant agreement must be executed as soon as practicable, but by no later than September 15, 2005, consistent with a statutory requirement for the obligation of the FY2004 funds. i. Disbursement of Funds. Under this Program NOFA, grant recipients must fully expend their grant in a consistent and ongoing manner, and complete the use of the funds by no later than three years following the effective date or the operation start date in the grant agreement, unless HUD has approved a one-time extension of the grant agreement term of an additional 12 months or less. A time limit on grant expenditures, that is established in the National Defense Authorization Act for Fiscal Year 1991, requires the expenditure of all HOPWA funds awarded under the FY2004 Appropriations Act by September 30, 2010, and HOPWA funds awarded under the FY2005 Appropriations Act by September 30, 2011. After September 30, 2010 (for FY04 funds) and September 30, 2011 (for FY05 funds), any unexpended funds shall be canceled and, thereafter, shall not be available for obligation or expenditure for any purpose. j. Site Control through Acquisition or Lease. If you acquire or lease a site for housing activities, you are required to gain site control within one year from the date of your notice of selection by HUD. k. Rehabilitation or New Construction. If you propose to use HOPWA funds for rehabilitation or new construction activities for housing projects, you must agree to begin the rehabilitation or construction within 18 months, and all rehabilitation or construction work must be complete within the terms of your grant agreement with HUD. l. Project Operations. If funds are used for operating costs of existing housing facilities, you must agree to begin to use these funds within six months, consistent with the terms of your grant agreement with HUD. If funds for a New and Continuing project, are to be used for operating costs, in connection with the new construction or substantial rehabilitation of housing facilities, the amount of funds designated for operating costs must be limited to the amount to be used during the portion of the planned three-year period for your grant agreement for which the facility will be operational and assisting eligible persons. Delays in the project's development activities, such as the planned completion of the construction or rehabilitation activities, could result in the loss of funds designated for operating costs, if such funds remain in excess after the authorized use period for this award. For example, if you expect to take two years to complete the rehabilitation of the facility, any operating costs could only be requested for use in the remaining one-year of the planned three-year operating period for this award. 3. Eligible Activities. a. Renewal Project Guidelines. (1) The activities to be renewed must be ongoing forms of support over three years.(2) The Renewal application may also establish a reasonable level of operating costs for a permanent supportive housing facility that involved the use of HOPWA funding for its acquisition, new construction, leasing or rehabilitation in the prior or original grant. Subject to standards set forth in applicable OMB Circulars, you may establish your request for operating costs based on current costs for operating your project (or a housing project of a similar type and size) as the reasonable and necessary operating costs for maintaining the investment in these permanent housing projects over the term of the Renewal grant. (3) Administrative costs for grantees and project sponsors, which must include the use of funds for data collection on project outcomes, are available as part of your Renewal budget request. HUD expects that the use of administrative funds for data collection will help to ensure strong program management and result in accurate reporting of outputs and outcomes. b. General Guidelines on Eligible Activities Applying to All Projects (1) Proposed Project Activities. In your application, you must specify the activities and budget amounts for which [[Page 14115]] HOPWA funds are being requested, consistent with the eligible activities found in the HOPWA regulations at 24 CFR 574.300-340. For SPNS demonstration grants, activities are limited to those entailing transitional, short-term and emergency housing assistance. A copy of the regulations may be downloaded from www.hud.gov/offices/cpd/aidshousing/lawsregs/index.cfm. You are encouraged to review the HOPWA regulations before seeking funding. HUD will not approve proposals that depend on a prospective determination as to how program funds will be used. For example, a proposal to establish a local request-for-proposal process to select either activities, or to select project sponsors, and other similar proposals that have the effect of delaying the obligation of funds due to the unplanned use of HOPWA funds, will not be approved. (2) Additional Guidance on Use of Program Funds. (a) Housing Assistance. (i) HOPWA projects must demonstrate that housing assistance is the main focus of their project. Please indicate if you propose to use HOPWA funds to provide permanent supportive housing (as defined in Section I.A.1.a). If you are proposing emergency or transitional housing assistance, your plan must include linkages to permanent supportive housing. As found at 24 CFR 574.300(b)(8), operating costs for housing include the day-to-day operating costs for the housing project, including costs for maintenance, security, operations, insurance, utilities, furnishings, equipment, supplies, and other incidental costs for the housing activities, such as costs for staff involved in the housing functions of this project. (ii) As addressed in the rating criteria for New and Continuing projects, to receive the maximum points under the rating criteria, your project must clearly address the housing needs of eligible persons through the direct use of HOPWA funds for eligible housing costs. (b) Supportive Services. Many of the eligible persons who will be served by HOPWA may need other support in addition to housing. It is important that you design programs that enhance access to those existing mainstream resources through community wide strategies to coordinate assistance to eligible persons. These mainstream programs include: healthcare; AIDS drug assistance, and other services funded through the Ryan White CARE Act; other Federal programs such as Medicaid, Children's Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, Mental Health Block Grant, Substance Abuse Block Grant, Workforce Investment Act, and the Welfare-to-Work grant program; and other State, local and private sources. Further, to help ensure that selected projects address housing related purposes, no more than 35 percent of the proposed budget for program activities undertaken by New and Continuing project recipients, and no more than 35 percent of the maximum grant amount for program activities for a Renewal grant, can be designated for supportive services costs. Applications will be reviewed for leveraging resources, including commitments to provide additional supportive services in an amount equal to or greater than the total amount requested for supportive services, as described in Section IV.B.5. In addition, HUD will not award funds for the acquisition, lease, rehabilitation, or new construction of a supportive services-only facility. Additional restrictions and limitations that apply to supportive services such as healthcare costs can be found at 24 CFR 574.300. HUD will not provide funds for medications. Costs for staff engaged in delivering the supportive service is part of the supportive service activity cost, and should not be listed as operating costs or ``other'' costs in the application's proposed budget. (c) Permanent Housing Placement Assistance. Permanent housing placement services at 574.300(b)(7) may also be used in connection with the provision of housing support provided under these awards. Permanent housing placement costs may involve costs associated with helping eligible persons establish a new residence where ongoing occupancy is expected to continue, including rental application fees, related credit checks and reasonable security deposits necessary to move persons to permanent housing, provided such deposits do not exceed two months of rent. Leveraged resources could involve other forms of move-in support, such as essential housing supplies, smoke alarms, standard furnishings, minor repairs to the unit associated with move-in, and other incidental costs for occupancy of the housing unit. While these items are not eligible as permanent housing placement costs, grantees may make use of other leveraged funds for these costs. Applicants should note that permanent housing placement is a type of supportive service and, therefore, the leveraging guidelines described in Section IV.B.5, will apply to requests for such assistance. (d) Other HUD-Approved Activities. You may propose other activities not already authorized at 24 CFR 574.300(b), subject to HUD's approval. Your proposal should address the expected beneficial impact of this alternative activity in addressing housing needs of eligible persons by describing the project impact and the identified performance output and client outcome measures for this activity. IV. Application and Submission Information A. Addresses To Request Application Package Copies of the published NOFAs and application forms for HUD programs announced through NOFA may be downloaded from the Grants.gov Web site at http://www.grants.gov/Apply or, if you have difficulty accessing the information, you may receive customer support from Grants.gov by calling their Support Desk at (800) 518-GRANTS or sending an e-mail to [email protected]. The operators will assist you in accessing the information. If you do not have internet access and need to obtain a copy of the NOFA, you can contact HUD's NOFA Information Center toll-free at (800) HUD-8929. Persons with hearing or speech impairments may also call toll-free at (800) HUD-2209. B. Content and Form of Application Submission HOPWA applicants are not required to provide the forms, certifications, and assurances listed in the General Section unless stated below. The following certifications must be included with your application. All certifications and forms, except those found in the General Section, are included in the appendices in this Program NOFA. 1. Required and Optional Forms: Applicants are requested to submit the following information: a. Application for Federal Assistance (SF-424). b. Survey on Ensuring Equal Opportunity for Applicants (SF-424 Supplement). c. Program Outcome Logic Model (HUD-96010). d. Certification of Consistency with the Consolidated Plan (HUD- 2991). e. Certification of Consistency with the RC/EZ/EC-II Strategic Plan (HUD-2990)--if applicable to the service area of your project. f. Applicant/Recipient Disclosure/Update Report (HUD-2880). g. Disclosure of Lobbying Activities (SF-LLL), if applicable. [[Page 14116]] h. HOPWA Application Budget Summary, including HOPWA Applicant Certifications (form HUD-40110-B). i. Acknowledgement of Application Receipt (HUD-2993), if applicable due to an approved waiver of the electronic submission requirement. j. Client Comments and Suggestions (HUD-2994) (Optional). 2. Additional HOPWA guidance on forms. a. Application for Federal Assistance (SF-424). In completing the SF-424, a number of items in other required forms may be completed or automatically populated though the use of the electronic Grants.gov application. In applying for HOPWA grant funds, the applicant's signature on the SF-424 will also show agreement for following the Program Requirements found at III.C.2., including all of the items under paragraph f. HOPWA Facility Use Period Requirement. For the HOPWA program, the following items on the SF-424 would be completed as follows: --Item 7--The applicable letters are ``A'' for State; ``B, C, or D'' for a unit of local government; or ``O'' for Nonprofit; --Item 9--Grants.gov will enter U.S. Department of Housing and Urban Development or HUD; --Item 10--Grants.gov will enter 14.241 and the title ``Housing Opportunities for Persons With AIDS Program'' or ``HOPWA'' for the Catalog of Federal Domestic Assistance; --Item 15--You must complete the budget on page 1 along with more detailed information on the HOPWA Application Budget Summary form described below. Please make sure that both the Total Amount on page 1 and the ``Total Budget'' section on the Budget form are the same. In the event that the total budgets are in conflict, HUD will refer to the HOPWA Application Budget Summary form. --Item 16--Check ``No''. b. HOPWA Application Budget Summary (form HUD-40110-B). Please complete the HOPWA Application Budget Summary (form HUD-40110-B) that will provide a summary of the total budget for this project, the annual HOPWA amounts to be used in each of the three years of operation and description budget by project sponsor of the HOPWA funds to be used by each sponsor. On this form, you must provide a short narrative which outlines each of your requested budget line items and how the funds will be used, including the amount of requested funding by line item for you and your project sponsors. The summary items will be more fully described in the applicable narrative sections of your application. c. Certification of Consistency with the Consolidated Plan (HUD- 2991). Except as stated below, you must include a Consolidated Plan certification from the applicable State or local government official for submitting the appropriate plan for the areas in which activities are targeted to be carried out. The authorizing official from the State or local government must sign this certification. If your project will be carried out on a national basis or will be located on a reservation of an Indian tribe, or in one of the U.S. Territories of Guam, the Virgin Islands, American Samoa, or the Northern Mariana Islands, you are not required to include a Consolidated Plan certification from these areas with your application. 3. Application Content for Renewal Applications. The following provides the applicant with an overview of the information required for Renewal Applications. The criteria that the Renewal Application will be reviewed and rated on can be found in Section V.A.1, of this Program NOFA. For your narrative responses, please number the pages and include a header and a footer that provides the name of the applicant, the program name, and type of application (i.e., Renewal). a. Executive Summary and Synopsis. On no more than five double- spaced pages, please provide an Executive Summary of the proposed Renewal project, beginning with a two or three sentence synopsis of the focus or special purposes of your project. The summary should provide an overview of the main components of your planned HOPWA project, including any updated elements from the original project application and your annual housing output for your next operating year. In the Executive Summary, please provide the name of the grantee and any project sponsors, along with contact names, phone numbers, and e-mail addresses. b. Organizational Capacity Narrative. If a new project sponsor(s) is added to the Renewal proposal, please describe the capacity of the project sponsor(s) to conduct program activities. Follow the procedures in the General Section for submitting this documentation. You must submit documentation of the organization's nonprofit status and HIV/ AIDS purposes, as described in Section III.A. on eligibility with your HOPWA application and maintain a copy in your project files in order to able to produce them upon request. In your statement, please address the extent to which the project sponsor(s) have the past organizational experience and knowledge: in serving persons with HIV/AIDS and their families; in programs similar to those proposed in your application; in monitoring and evaluating program performance and disseminating information on project outcomes; and, in achieving the purpose for which funds were provided, as measured by expenditures and measurable progress in operating the project. Please provide this narrative information on no more than two double-spaced typed pages. If you are adding more than one project sponsor, you may include up to two additional pages per project sponsor. c. Provision of Current Permanent Supportive Housing Narrative. On no more than four double-spaced pages, demonstrate how your project provides permanent supportive housing through HOPWA and/or other resources, and report on how the project has been meeting housing assistance outputs compared to planned and approved number of households or units of housing under the current grant. Include the type of assistance and number of housing units being provided and a description of the supportive services provided. Additionally, your description should outline how HOPWA and other funding, if applicable, work together to provide permanent supportive housing, including any efforts that have helped clients achieve greater self-sufficiency through access to other ongoing housing options, which do not depend on HOPWA funds. Describe how your project has been meeting planned performance benchmarks, as appropriate, in program development and operation; in meeting project performance goals, such as, that the number of persons assisted is comparable to the number that was planned at the time of the application; and is expending funds consistent with the existing agreement with HUD. Also describe how you evaluated project data on performance, adjusted program activities and shared information that you have gained from your lessons learned on these past activities. d. Achieving New Results and Program Evaluation Narrative. On no more than three double-spaced pages identify the housing benefits or outcomes of your Renewal program including your activities, related project benchmarks, and performance output indicators over the next three grant operating years. Your application should address your evaluation plan or method for collecting data on HUD program measures to evidence achievement of your project's goals and objectives and to establish a baseline for [[Page 14117]] client outcomes. You must also complete and submit as part of your application the Logic Model Form (HUD-96010) to illustrate your plans for the use of resources, project activities, outputs, outcomes, and goals. e. Documentation of Leveraging for Supportive Services for Renewal Projects. If your Renewal project requests funding for supportive services, your application will be reviewed for leverage. As described in paragraph 5 of this section, you must demonstrate evidence of commitments from other State, local, Federal, or private resources to provide additional supportive services for project beneficiaries of an equal or at a greater value in order to qualify for an increase in any budget line item (BLI) above 100 percent of the approved BLI for your existing grant up to the 120 percent limit. You must follow instructions for documenting leveraging as established in paragraph 5 of this section. The total of all leveraged resources to provide supportive services must at least equal the requested totals for HOPWA supportive service funds in Line 10 and Line 11 of the Application Budget Summary in order to qualify the application for an increase in any budget line item (BLI) above 100 percent of the approved BLI for the existing grant up to the 120 percent limit. Attempts to falsify or failure to maintain and produce these letters of commitment upon request could lead to the termination of the awarded grant. Note that if your Renewal application does not request funds for supportive services and this is a change to your existing grant, you must continue to utilize other sources to provide a reasonable level of supportive services that is similar to that previously provided. f. Proof of Nonprofit Status and AIDS Purpose. In the case that a project sponsor is being added, or a sponsor's legal status has changed due to merger or other action, you will also need to submit the related required information described in Section IV.B.4.b of this Program NOFA. 4. Application Content for New Long-term, and New and Continuing SPNS Demonstration Project Applications. The following is an overview of the information required for applications for new Long-term projects, and for new and continuing Special Projects of National Significance (SPNS) demonstration grants. Long-term projects provide permanent housing and related supportive services to low-income persons living with HIV/AIDS and their families in areas that are not eligible for HOPWA formula allocations. New and continuing SPNS demonstration projects will undertake new housing service delivery models or housing project activities that include plans to provide HOPWA clients with permanent housing assistance by the end of the operating period under the award. The review criteria for Long-term, and new and continuing SPNS demonstration applications can be found in Section V.A.2 of this Program NOFA. For your narrative responses, please number the pages and include a header and a footer that provides the name of the applicant, the program name and type of application (i.e. Long-term or SPNS demonstration project). a. Executive Summary and Synopsis. On no more than five double- spaced pages, please provide an Executive Summary of the proposed project, beginning with a two to three sentence synopsis of the focus or special purposes of your project. The summary should provide an overview of the main components of your planned HOPWA project and the annual housing output for the first year or operations. In the Executive Summary, please provide the name of the grantee and any project sponsors, along with contact names, phone numbers, and e-mail address. For projects involving sites, for example, a structure where HOPWA funds will be used for construction, acquisition, rehabilitation, leasing, operating costs, and/or project-based rental assistance, please provide the address of the site and describe any other resources that are needed to complete the development of this housing facility. Please identify if the site is a Confidential Site (HUD will not release the address of the site) or is a Public Site (HUD may release the address to inform clients and the public). Please indicate which of the following special populations your project will serve by operating a project that intentionally targets assistance, such as the provision of housing and related supportive services, client outreach and assessment of the needs, and any project evaluation activities on the assistance provided to this population of persons with special needs. Please indicate the number of special population households likely to be assisted through the housing assistance planned in your project (note: your responses will be used by HUD to respond to public inquiries): [sbull] Chronically Homeless and/or other homeless persons [sbull] Veterans b. Proof of Nonprofit Status and AIDS Purpose. Excluding situations where nonprofit documentation was submitted to HUD under prior SPNS applications and there has been no change in project sponsor(s), all applicants must provide a copy of the nonprofit documentation for each sponsor that is a non-profit organization consistent with the standards under paragraph (1). Applicants must also provide documentation consistent with paragraph (2) below to demonstrate that each sponsor's organizational documents include a purpose of significant activities related to providing housing or services to persons with HIV/AIDS. For submission of the documentation in paragraphs (1) and (2) on paper forms, you should follow the directions in the General Section. (1) HUD will accept as evidence of your nonprofit status: (a) A copy of the Internal Revenue Service (IRS) ruling providing tax-exempt status under Section 501(c) (3), (4), (6), (7), (9) or (19) of the IRS code; or (b) A ruling from the Treasury Department of the Commonwealth of Puerto Rico granting income tax exemption under section 101 of the Income Tax Act of 1954, as amended (13 LPRA 3101); or (c) Documentation that the applicant is a certified United Way agency; or (d) Copy of your most recent completed tax statement, Form IRS-990 or Form 990-EZ; or (e) All of these: (i) a certification by the appropriate official of the jurisdiction where the nonprofit was organized that your organization was so organized and is in good standing; (ii) a certification from a designated official of the organization that no part of the net earnings of the organization inures to the benefit of any member, founder, contributor, or individual; that the organization has a voluntary board; and that the organization practices nondiscrimination in the provision of assistance in accordance with applicable program requirements; and (iii) an opinion letter from an independent public accounting (IPA) firm that the nonprofit has a functioning accounting system that provides for each of these (the letter must mention all of them). (A) Accurate, current, and complete disclosure of the financial results of each federally funded project; (B) Records that identify adequately the source and application of funds for federally funded activities; (C) Effective control over and accountability for all funds, property and other assets; (D) Comparison of outlays with budget amounts; (E) Written procedures to minimize the time elapsing between the transfer of [[Page 14118]] funds to the recipient from the U.S. Treasury and the use of funds for program purposes; (F) Written procedures for determining reasonableness, allocable, and allowable costs; and (G) Accounting records including cost accounting records that are supported by source documentation. (2) We will accept as evidence of your organization's HIV/AIDS- related purpose, a copy of the organization's articles of incorporation and by-laws, mission statement, program management plan, or other organizational policy document which evidences the organization's activities or objectives related to providing services or housing to persons with HIV/AIDS. c. Capacity of Applicant and Project Sponsors and Relevant Organizational Experience Narrative. On no more than five double-spaced typed pages for the Applicant, and no more than two double-spaced pages per additional sponsor, demonstrate the extent to which you and any project sponsors have the organizational resources necessary to successfully implement your proposed activities in a timely manner. d. Need/Extent of the Problem Narrative. On no more than five double-spaced typed pages define your planned service area and demonstrate the need for funding eligible activities in the area to be served. e. Soundness of Approach: Model Qualities and Responsiveness/ Coordination Narrative. On no more than twenty double-spaced typed pages address the method by which your plan meets your identified needs. Demonstrate how your project will provide its planned activities through HOPWA and other resources, and how it will serve as a model with exemplary qualities to address the ongoing housing and supportive service needs of eligible persons within a replicable operational framework. f. Documentation of Leveraged Resources. As described in paragraph 5 of this section, to receive a leverage score for your project, please provide evidence of commitments that demonstrate your ability to secure community resources for housing, supportive services and other program- related activities that can be combined with HUD's funds to achieve program purposes and assist eligible persons in addressing their supportive housing needs. To receive a maximum score for leverage, you must: (1) Demonstrate leveraged resources of equal or greater value to the total amount being requested for program activities (excluding administrative costs); and (2) if the project requests funds for supportive services, demonstrate leveraged resources that include commitments to provide additional supportive services that are of equal or greater value to the total amount requested for supportive services. To meet leveraging criterion (2), the total of all leveraged resources for additional supportive services must at least equal the requested totals for HOPWA supportive service funds in Line 10 and Line 11 of the Application Budget Summary. If you do not request funding for supportive services, your application will be reviewed and rated based on leveraging criterion (1). If you request funding for supportive services, you must meet both leveraging criteria to receive the maximum leveraging score. You must follow instructions for documenting leveraging as established in paragraph 5 of this section. Attempts to falsify or failure to maintain and produce these letters of commitment upon request could lead to the termination of the awarded grant. g. Achieving Results and Program Evaluation Narrative. On no more than five double-spaced typed pages demonstrate your commitment to ensuring that the goals that you set forth and your performance will be assessed in a clear and effective manner. Address how you will implement the HOPWA program goals and identify the benefits or outcomes of your program including your activities, benchmarks, and interim activities or performance indicators. Provide an evaluation plan that will objectively measure actual achievements against anticipated achievements. 5. Application Content on Leveraging for All Types of Applications. To receive consideration for leveraged resources as noted in paragraphs 3.e. and 4.f. of this section, all types of applications must be supported by evidence of commitments from other State, local, Federal, or private entities to provide additional support to project beneficiaries. To receive maximum scores for leveraging, any New and Continuing project must: (1) Demonstrate leveraged resources that are of equal or greater value to the total amount being requested for program activities (excluding administrative costs); and (2) if the project requests funds for supportive services, demonstrate leveraged resources that include commitments to provide additional supportive services that are of equal or greater value to the amount requested for supportive services. For any Renewal project requesting funds for supportive services, in order to receive any budget line increases for the project, the Renewal must show leveraged resources that include commitments to provide additional supportive services that are of equal or greater to the amount requested for supportive services. Applicants must document the commitment of leveraged resources as provided in this section. This section requests that the applicant provide a list or chart for the commitments and include: (1) The name of the organization or entity that will contribute leveraged resources for the activities to be undertaken to support project beneficiaries and note if the organization will serve as a project sponsor; (2) a description of the work to be accomplished, such as the type of housing assistance or supportive service activities to be undertaken to support the project; and (3) a statement of the value of the leveraged contribution; (4) the submission of an electronic copy or facsimile transmittal of these letters of commitment with your HOPWA application; and (5) retention of a copy in your project files in order to enable you to produce them upon request. The letter of commitment must evidence that the use of any leveraged funds will be used during the operating period for the award, identify the value of the commitment, and be signed by an authorized representative of the organization making the commitment of the resource. Other HOPWA funds, such as formula allocations, may not be used for this purpose in determining leveraging. The commitment of resources must be evidenced by use the appropriate language as described below: (i) Applicant or Third Party Cash Resources. If this proposal is funded, (applicant name or third party name) commits $(amount) (of its own funds, if applicant, or to applicant name, if third party) for (type of activity) to be made available to the HOPWA program. These funds will be available from (date) to (date). (Signature and Title of authorized representative and date). (ii) Non-Cash Resources. If this proposal is funded, (organization's name) commits to make available (type of resource) valued at $(amount) to the HOPWA program proposed by (applicant name). These resources will be made available to the HOPWA program from (date) to (date). (Signature and Title of authorized representative and date) The donation of a third party professional service should be valued at the professional's customary charge. The value of materials to be contributed to the project by a third party or by the applicant may also be counted as leveraging. [[Page 14119]] (iii) Volunteer Time. If this proposal is funded, (name of the organization or of self), commits to provide (number of hours) of volunteer time from (date) to (date) to provide (type of activity) to the HOPWA program proposed by (applicant name). The total value of these services, based on $10.00 per hour, is $(amount). (Signature and Title, and date) Time to be contributed to the project by volunteers should be valued at $10.00 per hour. In the case of individuals volunteering their time directly to the applicant, the applicant should list itself as the organization. (iv) Contribution of a Building. If this proposal is funded, (applicant name) pledges the building at (site address) to the HOPWA program. The building has a fair market value of $(amount). A licensed independent real estate appraiser made this appraisal, which is based on comparable properties in the area. (Signature of applicants authorized representative and date) Ownership of a building or portion of a building to be used in the project may be counted as leveraging. The fair market value of the building or portion of the building being contributed may be counted. Do not send an appraisal to HUD, but keep documentation of fair market value on file. The contribution of land (as a leveraged resource for new construction) should be treated the same as contribution of a building. You will need to keep documentation of the fair market value on file, particularly if it is improved land and you wish to include the value of the improvements in the contribution. (v) Contribution of a Building to be Acquired with HOPWA Funds. If this proposal is funded, (applicant name) commits the building at (site address) for the HOPWA program. The building has a fair market value of $(amount). A licensed independent real estate appraiser made this appraisal, which is based on comparable properties in the area. The HOPWA request for the building is $(amount). Therefore, the contribution is the difference between the fair market value and the HOPWA request, or $(amount). (Signature of applicants authorized representative and date) The difference between the documented fair market value and the portion paid for with HOPWA funds may be counted as leveraging. Maintain documentation of fair rental value on file. (vi) Contribution of Leasehold Interest. If this proposal is funded, (applicant name) commits the leasehold interest at (site address) for the HOPWA program. The fair rental value of this site is $(amount) annually, and at constant value will amount to $(amount) over (term of the lease, up to three years). An appropriate independent third party made this appraisal, which is based on comparable properties in the area. The total leasing cost over the term of the lease to be paid with HOPWA funds is $(amount). Therefore, the contribution is the difference between the HOPWA leasing cost and the fair rental value, or $(amount). (Signature of applicants authorized representative and date) The difference between the fair rental value (for a term up to three years) and the cost of the lease to be paid for with HOPWA funds may be counted as leveraging. The Department will periodically monitor the use of your commitments by requiring the collection of information in annual progress reports to establish that the leveraged resources are being used, as committed, in undertaking the project. Failure to provide evidence of these additional resources could result in a notice of default and affect the project's continued access to federal funds awarded under this Program NOFA. C. Submission Dates Application Submission Date. Your completed application must be submitted and received electronically by Grants.gov no later than 11:59:59 p.m. Eastern time on May 27, 2005. Failure to meet the appropriate submission and receipt date requirements will result in the application being ineligible for funding under this NOFA. Please follow the application submission and timely receipt requirements for the electronic submission of your application that are established in the General Section. All documentation submitted as part of the application must be received by the application submission date. All parts of an electronic application must be submitted via the Grants.gov portal with additional documentation as called for in this NOFA provided via electronic facsimile transmittal in accordance with the requirements stated in the General Section. For electronic applications, HUD will not accept parts of an application submitted through the mail. For applications receiving a waiver of the electronic application submission requirements, the entire application must be submitted in hard paper copy format with the required number of copies. D. Intergovernmental Review The HOPWA program is not subject to Executive Order (EO) 12372, Intergovernmental Review of Federal Programs. E. Funding Restrictions 1. Limitations on Maximum Grant Amounts. Your request for Renewal funding or for New and Continuing funding must be consistent with the following limitations on maximum grant amounts: a. For program activities (e.g., activities that directly benefit eligible persons): A maximum of no more than $1,300,000, subject to the limitations in this section; b. For grant administrative costs of the grantee: A maximum of no more than an additional $39,000, subject to the limit on administrative costs of three percent of the amount requested for project activities in your application for grantees. c. For grant administrative costs for project sponsors: A maximum of no more than an additional $91,000, subject to the limit on administrative costs of seven percent of the amount requested for project activities to be conducted by project sponsors in your application. d. Total for maximum grant amount: $1,430,000, subject to applicable limitations in this section and if funds are requested for a term of less than three years, HUD reserves the right to reduce these amounts in a proportionate manner. 2. Limitation on Supportive Services. Your request for the supportive services line item in program activities must be consistent with the program limits of not more than 35 percent of the proposed budget for program activities undertaken by New and Continuing project recipients, and not more than 35 percent of the maximum grant amount for program activities for a Renewal grant program activity costs for a Renewal grant (i.e., not more than $455,000 over a three-year period). Consistent with the standards described in Section IV.B.5, on Leveraging, of this Program NOFA, requests for supportive services must be leveraged with commitments to provide supportive services in order to: (1) Qualify a Renewal grant applicant for an increase in any budget line item (BLI) above 100 percent of the approved BLI for their existing grant up to the 120 percent limit; or (2) qualify a New and Continuing applicant for the maximum leveraging score. 3. Limitation on Prospective Determinations. HUD will not approve proposals that depend on a prospective determination as to how program funds will be used. More specifically, proposals to establish a local request-for-proposal process to select either activities or project sponsors, and other [[Page 14120]] similar proposals that have the effect of delaying the obligation of funds due to the unplanned use of HOPWA funds, will not be approved. 4. Additional Limitation on Renewal Grants. If applying for a Renewal project the following funding restrictions apply: a. Your request for program activity costs may not include a request for funds for acquisition, new construction, or for rehabilitation costs, or costs involving new housing facility sites, such as operating costs or leasing. b. Your request for program activity costs must request amounts for continuing a previously approved project at about the same level of housing provided in the previous grant. If your Renewal application does not request funds for supportive services and this is a change to your existing grant, you must continue to utilize other sources to provide a reasonable level of supportive services that is similar to that previously provided. If the application is consistent with the leveraging guidelines, the amounts may exceed 100 percent but must not be more than 120 percent of the amount awarded or approved by HUD in the current grant for an activity, including any amendments affecting this amount that were approved by HUD, prior to the publication of this Program NOFA, except as provided in the following paragraph. If an application fails to provide leverage for supportive services in an amount at least equal to the amount of the request for supportive services, the funding by BLI for all activities will be restricted to 100 percent of the BLI for the approved existing project. c. In the case of a permanent supportive housing project in which acquisition, new construction, or rehabilitation was a major component of the original project, a reasonable amount of operating funds may be requested for a housing project which exceed the 120 percent budget line item limit of the previous paragraph. The amount requested must be based on information for the current cost of operating the housing project (or a housing project of a similar type and size) but the request may not exceed the limit on maximum for program activities established in paragraph (1)(a) above. HUD reserves the right to adjust requests under this paragraph to the scale of projects of similar size and purpose. d. Funds for acquisition, new construction or for rehabilitation costs will not be renewed. These capital development activities are not ongoing or available for additional sites. If you wish to undertake additional capital development activities, significantly expand your activities (beyond the allowance in this notice for requests up to 120 percent of the existing budget line item), continue a project that is not eligible as a permanent supportive housing project, or to add funding for new activities, you must apply and compete for funding as a New and Continuing project. 5. Limitation on Ineligible Activities. HUD will not provide funds under this notice for the purposes of conducting resource identification activities to establish, coordinate and develop housing assistance resources, and/or technical assistance for community residence activities, since these types of activities are funded through the national HOPWA technical assistance funds being made available under the Community Development Technical Assistance (CDTA) NOFA. HUD will not provide additional funds for data collection on project outcomes, as such activities in collecting performance data and reporting to HUD are required as a central grants management function, which is already covered under administrative costs. Further, eligible HOPWA costs do not involve costs for personal items, such as grooming, clothing, pets, financial assistance, consumer credit payments, entertainment activities, personal vehicle maintenance and repairs, property taxes, condominium fees and other non-housing-related costs. Eligible costs are also subject to additional HOPWA standards at 24 CFR part 574. F. Other Submission Requirements 1. Electronic Delivery. Beginning in FY2005, HUD requires applicants to submit applications electronically through www.grants.gov. Applicants interested in applying for funding must submit their applications electronically via the web site http://www.grants.gov. This site has easy to follow step-by-step instructions that will enable you to apply for HUD assistance. The www.grants.gov/Apply feature includes a simple, unified application process to enable applicants to apply for grants online. Please see Section IV.F. of the General Section for instructions for submitting leveraging documentation, certifications, and other required forms. 2. Waivers to the Electronic Submission Process: Applicants may request a waiver to the electronic submission process (see Section IV.F of the General Section for more information). Applicants who are granted a waiver must submit their applications to the address identified in Appendix C of the General Section. Please see the General Section for detailed mailing and delivery instructions as the procedures have changed significantly for this year. 3. Number of Copies. Only applicants receiving a waiver to the electronic submission requirement may submit a paper copy application. See the General Section for more information about waiver of the electronic submission requirement. V. Application Review Information A. Criteria 1. Renewal Project Applications a. General. HUD will conduct a threshold review of all Renewal applications based on the requirements found under Section III.C. to determine eligibility for the Renewal of HOPWA grants that provide permanent supportive housing under an expiring grant. b. Criteria on New Sponsors. In the case that a project sponsor is being added, or a sponsor's legal status has changed due to merger or other action, HUD will conduct a substantive review of the project sponsor's ability to develop and operate your proposed program and a pass/fail review based on the requirements for an eligible project sponsor established in Section III. (1) With regards to new project sponsor(s), HUD will consider the organization's past experience and knowledge: in serving persons with HIV/AIDS and their families; in programs similar to those proposed in your application; in monitoring and evaluating program performance and disseminating information on project outcomes; and in achieving the purpose for which funds were provided, as measured by expenditures and measurable progress in operating the project. A proposed sponsor that fails to meet the conditions established for adding a sponsor or fails to demonstrate sufficient capacity will be ineligible to receive program funds. (2) In reviewing the elements of organizational capacity as stated above, HUD will rate the proposed sponsor on the basis of 20 points, with a minimum of 14 points required for selection of this sponsor as eligible in demonstrating sufficient capacity. HUD will consider the extent to which your proposal demonstrates the following capacity, and will award the highest points (20 to 16 points) to those with direct, extensive, clear and satisfactory experience, moderate scores (15 to 10 points) to those with direct but not as extensive experience or where the experience covers most but not all of these items; and lower scores (9 to 2 points) if the experience is limited, [[Page 14121]] indirect, on only some of the items or for which only limited or no information is provided. An organization with unresolved management issues affecting their HOPWA proposal will be scored at the lowest level (1 point): (a) The knowledge and experience of the proposed project director and staff, including the day-to-day program manager, consultants, and contractors in planning and managing the kind of activities for which you are requesting funds. The project sponsor will be reviewed in terms of recent, relevant, and successful experience of staff to undertake eligible program activities, including experience and knowledge in serving low-income persons with HIV/AIDS and their families. (b) The project sponsor's experience in managing complex interdisciplinary programs, especially those involving housing and community development programs directly relevant to the work activities proposed and carrying out grant management responsibilities. (c) If the project sponsor received funding in previous years in the program area for which you are currently seeking funding, the sponsor's past experience will be reviewed in terms of its ability to attain demonstrated measurable progress in the implementation of the grant award. Measurable progress is defined as: meeting performance benchmarks, as applicable, in program development and operation; meeting project goals and objectives, such as, that the number of persons assisted was comparable to the number that was planned at the time of application; submitting timely performance reports; and expending prior funding as outlined in the prior proposal with no outstanding audit or monitoring issues. 2. Criteria for New and Continuing Projects Applications a. Departmental Policy Priorities. As outlined in Section V of the General Section, HUD has identified policy priorities that New and Continuing project applicants are encouraged to address through their proposed project plans. HUD has identified four Departmental policy priorities as being applicable for new HOPWA projects. Applications for HOPWA funding will receive rating point(s) for each applicable Department policy priority initiative addressed through the proposed program activities and performance goals and objectives. Applicants must demonstrate how these priorities will be addressed through the Soundness of Approach of the application as outlined under Rating Factor 3. Under the points available for Rating Factor 3, one or two Rating Points, as specified below, will be awarded for each of the following addressed priorities: (1) In accordance with Section V of the General Section, for applicants seeking HOPWA funds for capital development activities, including rehabilitation or new construction, for one rating point under project soundness of approach, you are encouraged to: Institute visitability and universal design standards in these activities undertaken with HOPWA funds. Visitability standards allow a person with mobility impairments access into the home, but do not require that all features be made accessible; and such standards incorporate universal design in the construction or rehabilitation of housing undertaken with HOPWA funds. Universal design provides housing that is usable by all without the need for adaptation or specialized design. (2) For one rating point under project soundness of approach, you are encouraged to propose projects in which the grantee, or the project sponsor(s), fulfills the policy priority for being a nonprofit grassroots community-based organization, including faith-based organizations, as defined in Section V of the General Section. (3) For one rating point under project soundness of approach, you are encouraged to propose applications in which the grantee, or project sponsor(s), commits to follow the Energy Star standard in any new construction or rehabilitation activity to be undertaken in the proposed project with HOPWA or other funds. The Energy Star standard is as defined in Section V of the General Section. (4) For up to two rating points under project soundness of approach, you are encouraged to propose an application in which the grantee, or project sponsor(s), if it is a State or local government agency, as defined in Section V of the General Section, completes the regulatory barriers policy questionnaire and provides the required documentation or provides a Web site URL where the information can be readily found. b. Program Policies--Target Population. Prior to the award of other New and Continuing projects, HUD reserves the right to select the two highest rated applications (but not any that are rated at less than 75 points) that demonstrate that the planned HOPWA activities and activities supported by leveraged funds will serve the special population of HOPWA eligible person who are chronically homeless persons with HIV/AIDS. A chronically homeless person is defined as ``an unaccompanied homeless individual with a disabling condition who has either been continuously homeless for a year or more OR has had at least 4 episodes of homelessness in the past 3 years.'' Persons who are infected with HIV are more likely to be able to follow complex treatment regimens if they have a reliable address where they can be reached by care providers, a safe place to keep medications, refrigeration for drugs that require it, and other necessities that many of us take for granted. HUD is encouraging applications that strive to create additional models for permanent housing for eligible persons living with HIV/AIDS that are experiencing chronic homelessness. Applicants must work collaboratively with the local Continuum of Care Plans to create these models for persons living with HIV/AIDS and their families and demonstrate a plan for the integration of HOPWA activities with those systems such as the use of HMIS. HMIS participation is required for all recipients of award funding under this Program NOFA whose projects intentionally target HOPWA eligible persons who are homeless or chronically homeless. In a number of Continuum of Care communities, HOPWA projects are directly involved in providing outreach, assessment, housing and supportive services to HOPWA eligible persons who are homeless at the time they enter into program support. HMIS activities or the use of related information technology systems may already be operating to support the delivery of housing information services to these HOPWA clients. c. Application Selection Process for New and Continuing Projects. Rating Factor 1: Capacity of the Applicant and Project Sponsors and Relevant Organizational Experience (20 Points) (Minimum for Funding Eligibility--14 points) Address the following factor using not more than five (5) double- spaced, typed pages. For each project sponsor, you may add two additional pages. This factor addresses the extent to which you and any project sponsor have the organizational resources necessary to successfully implement your proposed activities in a timely manner. If you will be using project sponsor(s) in your project, you must identify each project sponsor in your application. HUD will award up to 20 points based on your and any project sponsor's ability to develop and operate your proposed [[Page 14122]] program in relation to which entity is carrying out an activity. a. With regards to both you and your project sponsor(s), you should demonstrate: (1) Past experience and knowledge in serving persons with HIV/AIDS and their families; (2)Past experience and knowledge in programs similar to those proposed in your application including HOPWA formula funding; (3)Experience and knowledge in monitoring and evaluating program performance and disseminating information on project outcomes; and (4)Past experience as measured by expenditures and measurable progress in achieving the purpose for which funds were provided. b. In reviewing the elements of the paragraph above, HUD will consider: (1) The knowledge and experience of the proposed project director and staff, including the day-to-day program manager, consultants, and contractors in planning and managing the kind of activities for which you are requesting funds. You and any project sponsor will be judged in terms of recent, relevant, and successful experience of staff in undertaking eligible program activities. (2) Your and/or the project sponsor's experience in managing complex interdisciplinary programs, especially those involving housing and community development programs directly relevant to the work activities proposed and carrying out grant management responsibilities. (3) If you and/or the project sponsor received funding in previous years in the program area for which you are currently seeking funding, you and your project sponsor's past experience will be evaluated in terms of the ability to attain demonstrated measurable progress in the implementation of your grant awards. Measurable progress is defined as: (a) Meeting applicable performance benchmarks in program development and operation; (b) Meeting project goals and objectives, such as the HOPWA output for number of homeless assisted in comparison to the number that was planned at the time of the application; (c) Submitting timely performance reports; and (d)Expending prior funding as outlined in the existing HOPWA grant agreement with HUD with no outstanding audit or monitoring issues. Applicants must receive a minimum of 14 points in Rating Factor 1: Capacity of the Applicant and Project Sponsors and Relevant Organizational Experience to be eligible for funding under this Program NOFA. Rating Factor 2: Need/Extent of the Problem (15 Points) Address the factor using not more than five (5) double-spaced, typed pages. Up to 15 points will be awarded for this factor. (a) AIDS Cases (5 Points). You must define your planned service area. HUD will obtain AIDS surveillance information pertinent to that area from the Director of the Centers for Disease Control and Prevention. Up to five points will then be awarded based on the relative numbers of AIDS cases and per capita AIDS incidence within your service area, in metropolitan areas of over 500,000 population and in areas of a state outside of these metropolitan areas, in the state for proposals involving state-wide activities, and in the nation for proposals involving nation-wide activities. (b) Description of Unmet Housing Need (10 Points). Up to ten points will be awarded based on demonstration of need for funding eligible housing activities in the area to be served. To receive the maximum points, demonstrate that substantial housing and related service needs of eligible persons and/or the target population, as outlined in Section V.A., are not being met in the project area and that reliable statistics and data sources (i.e. Census, health department statistics, research, scientific studies, and Needs Analysis of Consolidated Plan and /or Continuum of Care documentation) show this unmet need. To receive the maximum points, show that your jurisdiction's Consolidated Plan and Analysis of Impediments to Fair Housing Choice, Continuum of Care Homeless Assistance plans (if homeless persons are to be served), and comprehensive HIV/AIDS housing plans are applicable to your project and identify the level of the problem and the urgency of the need. (1) If you apply for a SPNS demonstration grant, you must describe a housing need that is not currently addressed by other projects or programs in the area including reference to the area's existing HOPWA programs and how the planned activity will complement these in a manner that is consistent with the community's plan for a comprehensive and coordinated approach to housing needs of persons living with HIV/AIDS which establishes stable housing for clients and helps foster greater self sufficiency and independence. Also, describe any unresolved or emerging issues and the need to provide new or alternative forms of assistance that, if provided, would enhance your area's programs for housing and related care for persons living with HIV/AIDS and their families. You must also describe how your project will enhance the community's Consolidated Plan strategies for providing affordable housing and access to related mainstream services to HOPWA eligible persons; or (2) If you apply as a Long-term project, you must describe the housing need that is not currently addressed by other projects or programs in the area including any HOPWA competitive grants and how the planned activity will complement these in a manner that is consistent with the community's plan for a comprehensive and coordinated approach to housing needs of persons living with HIV/AIDS. You must also describe any unresolved or emerging issues and/or the need to provide forms of assistance that enhances the community's strategy for providing housing and related services to eligible persons. HUD will evaluate your presentation of statistics and data sources based on soundness, reliability, and the specificity of information to the target population and the area to be served. If you propose to serve a subpopulation of eligible persons on the basis that these persons have been traditionally and are currently underserved (e.g., persons with multiple disabilities including AIDS or chronically homeless eligible persons), your application must demonstrate the need for this targeted effort through statistics and data sources that support the need of this population in your service area. Programs may serve a qualified subpopulation of persons with AIDS based on the presence of another disability or group of disabilities, only if doing so is necessary to provide this subpopulation with as effective housing, benefits, aid, or services as that provided to others. See 24 CFR 8.4(b)(1)(iv). Rating Factor 3: Soundness of Approach: Responsiveness, Coordination and Public Policy Priorities, and Model and Demonstration Qualities (45 Points) Address this factor on not more than twenty (20) double-spaced, typed pages. Include the HOPWA Budget Forms found in Appendix A. This factor addresses the method by which your plan meets your identified needs. HUD will award up to 45 points (15 for responsiveness, 5 for coordination, 5 for public policy priorities, and 20 for model qualities) based on the extent to which your plan evidences a sound approach for conducting the HOPWA activities in a manner that is responsive [[Page 14123]] to the needs of eligible persons and that your plan for project coordination will offer model qualities in providing supportive housing opportunities for eligible persons with access to mainstream health and human welfare services, when compared to other applications and projects funded under previous HOPWA competitions. a. Responsiveness, Coordination, and Public Policy Priorities (25 Points). HUD will award up to 25 points (Responsiveness--15 Points and Coordination--5 Points and Public Policy Priorities--5 Points) based on how well your project plans respond to the unmet needs in housing and related supportive services for the eligible population, including target populations outlined under Section V.A. You should demonstrate the extent to which you have coordinated your activities and the activities of your project sponsors with other organizations that are not directly participating in your proposed work activities. This involves organizations with which you share common goals and objectives in assisting eligible persons. In order to ensure that resources are used to their maximum effect within the community, it is important that you demonstrate collaboration and leveraging of other resources from state, local, and private funding resources. (1) Responsiveness (15 Points). To receive the highest rating in this element your application must address: [sbull] The projected number of persons to be served through each activity for each year of your program; The projected number of housing units, by type, to be provided through your project, by year, over a 3- year period; and [sbull] The specific organizations, either through an agreement with your organization or through funding from your project, that will provide housing, and agreements with organizations that will provide mainstream supportive services, or other activities. Include a description of the roles and responsibilities of your project sponsors and/or other organizations within your project plan and how these will be coordinated in conducting eligible activities. To receive the maximum points for your project plan, you must explain and describe the eligible housing activities you or your project sponsor intend to conduct, where these activities will take place (either on site or at another location), and how those activities will benefit eligible persons. Please describe: (a) Housing Activities. You must demonstrate how the emergency, transitional, or permanent housing needs of eligible persons will be addressed through one or more of the HOPWA eligible activities and through any other resources and how such activities are coordinated with other available housing assistance. Your plan for housing assistance must include: (i) Access to permanent supportive housing for Long-term applicants. If you propose a new Long-term Project for Permanent Supportive Housing, you must describe how eligible persons will access permanent housing options through your project and through any specific commitments with other community housing providers, even if your project involves some initial emergency or transitional assistance for clients, to achieve housing stability goals for clients. (ii) Access to supportive housing for new or continuing SPNS Demonstration Grant applicants. If you propose a new or continuing SPNS demonstration project, you must describe how eligible persons will access emergency, short-term and transitional housing support options through your project and through any specific commitments with other community housing providers. Consistent with the definition of a SPNS Demonstration Grant or Project, this description must include specific plans to provide HOPWA clients with permanent housing assistance by the end of the operating period under this award, including plans to facilitate the movement of eligible persons receiving transitional housing support to independent living arrangements within 24 months. (iii) Description of Housing Site. You must describe any appropriate site features including use of universal design, accessibility, visitability, and access to other community amenities associated with your project. (iv) Development and Operations Plan. You must describe a development and/or operations plan for the emergency, transitional, or permanent housing assistance you are proposing to provide. For rental assistance programs, this will include your plan for providing rental assistance, proposed housing sites if project-based, and length of stay if less than ongoing permanent supportive housing. If you are proposing to use HOPWA funds for the acquisition, rehabilitation, or new construction of a housing facility, your plan must also document that you have secured other funding sources, including plans for coordinating the use of other resources that are committed to meeting leveraging, have identified and secured a site(s), and must provide rehabilitation/construction timelines consistent with the three year use of grant funds. HOPWA funds are not intended for use as the initial or sole funding source for capital development housing projects. (v) Operational Procedures. Describe your outreach, intake, and assessment procedures, as well as how eligible persons will receive housing support with access to medical care and other supportive services provided by other organizations. Describe the use of housing being funded from other sources, and how your project provides for ongoing assessments of the housing service benefits received by eligible persons. Include a description of how a client moves through the housing program from outreach, intake, client assessment, the delivery of housing services, the use of emergency, transitional, or permanent housing, and when appropriate, the outplacement to more self- sufficient independent housing. (b) Supportive Service Activities. You must describe how the supportive service needs of eligible persons will be addressed with HOPWA assistance (subject to applicable limitations) and the use of any additional leveraged resources by describing the type of supportive services that will be offered directly by the program and/or how agreements and project plans will assure that services will be accessed and coordinated from other mainstream health and human welfare sources. Explain the connection of these services in helping eligible persons obtain and/or maintain stable housing. Supportive service costs may represent no more than 35 percent of your proposed budget for program activities. In describing your supportive services delivery plan explain: (i) How agreements provide that eligible persons will have access to mainstream programs that offer healthcare and other supportive services, as discussed in Section III.C.4; (ii) How project plans ensure that eligible persons will participate in decision making in the project operations and management; and (iii) Your plan for delivering supportive services through a comprehensive plan that shows how agreements provide that eligible persons access medical care and other mainstream supportive services to address their needs. (c) Additional Activities. You must describe your plan for utilizing other requested HOPWA funds (described at 24 CFR 574.300(b)). Explain how these activities will be integrated into your overall plan in the provision of housing and related supportive services to eligible persons. [[Page 14124]] (d) Other Activities. As authorized by statute and in addition to the activities at 24 CFR 574.300(b), you may propose other activities in your application, which can be undertaken only if approved by HUD due to their relevance in addressing the housing needs of eligible persons. You must describe the reason for the need to request authorization for ``other activities'' and the benefits likely to occur, if the activities are authorized. Also address how the project would operate, or not, if such request were not approved. (2) Coordination (5 Points). You should demonstrate the extent to which you have coordinated your activities and the activities of your project sponsors with other organizations that are not directly participating in your proposed work activities. This involves organizations for which you share common goals and objectives. You will be rated on the extent to which you demonstrate you have: (a) Coordinated your proposed activities with those of other groups or organizations within the community or region prior to submission, to best complement, support, and coordinate all housing and supportive service activities including specific reference to how the proposal is coordinated with existing HOPWA programs in that area (formula and competitive) and how the planned efforts complement the existing programs; (b) Developed your project through consultation with other organizations, groups, or consumers involved with area HIV/AIDS housing and service planning, including planning under the Ryan White CARE Act and other federal planning. The highest rated applicant will demonstrate that the project is closely and fully integrated with HUD's planning processes, such as the jurisdiction's Consolidated Planning process or the community's Continuum of Care Homeless Assistance planning process (if homeless persons are to be served by proposed activities and related use of Homeless Management Information Systems (HMIS) to coordinate benefits for clients); (c) Coordinated with other HUD-funded programs outside of the Consolidated Planning process, for example, accessing additional housing resources through a local public housing authority; and (d) Coordinated with mainstream resources including private, other public, and mainstream services and housing programs. To achieve the maximum points, applicants must evidence explicit agency strategies to coordinate client assistance with mainstream health, social service and employment programs for which eligible persons may benefit. (3) Public Policy Priorities (5 points). Applications for HOPWA funding will receive rating point(s) for each applicable Department policy priority initiative addressed through the proposed program activities and performance goals and objectives. Applicants must demonstrate how these priorities will be addressed: (a) In accordance with Section V of the General Section, for applicants seeking HOPWA funds for capital development activities, including rehabilitation or new construction, for one rating point under project soundness of approach, your application describes the use of universal design and visitability standards in these development activities undertaken with HOPWA funds and incorporate universal design in the construction or rehabilitation of housing undertaken with HOPWA funds. Visitability standards allow a person with mobility impairments access into the home, but do not require that all features be made accessible. Universal design provides housing that is usable by all without the need for adaptation or specialized design. (b) For one rating point under project soundness of approach, your application involves participation as the grantee, or as a project sponsor(s), by a non-profit grassroots community-based organization, including faith-based organizations, as defined in Section V of the General Section. (c) For one rating point under project soundness of approach, your application involves a housing development activity and the grantee, or project sponsor(s), commits to promote energy efficiency by adopting the Energy Star standard in any new construction or rehabilitation activity to be undertaken in the proposed project with HOPWA or other funds. The Energy Star standard is as defined in Section V of the General Section. (d) For two rating points under project soundness of approach, your application involves an state or local government agency as the grantee, or as a project sponsor(s), and that agency completes the regulatory barriers policy questionnaire, including providing the required documentation, as defined in Section V of the General Section. b. Model and Demonstration Qualities (20 Points). HUD will award up to 20 points based on your service delivery plan and how well it will serve as a model for a New and Continuing project by the end of the operating period. HUD expects the proposed project to show exemplary and/or innovative qualities that address the ongoing permanent housing needs (with access to supportive services) of eligible persons within a replicable operational framework. To receive the maximum points, you must offer a housing plan that describes the following: (1) Policy Priorities. If applicable to your application, describe how you will meet the Departmental policy priorities for assisting the special population of HOPWA eligible persons who are chronically homeless persons with HIV/AIDS. HUD is encouraging applications that strive to create additional models for permanent housing for persons living with HIV/AIDS that are experiencing chronic homelessness. Applicants addressing this population must work collaboratively with the local Continuum of Care Plans to create this permanent housing for persons living with HIV/AIDS and their families. (2) Project Management and Oversight. Describe your method for managing and overseeing activities, including those of your organization, your project sponsor, and any other organization. Identify staff members who are responsible for management and oversight of the project and activity implementation and sustainability plans. (3) Evaluation Plan. In addition to required HOPWA outputs and outcomes your evaluation plan should identify what you are going to measure, how you are going to measure it, the steps you have in place to make adjustments to your work plan if performance targets are not met within established timeframes, and how you plan to share successes and lessons learned in undertaking your activities with other communities. (4) Model and Demonstration Features. Describe how the planned efforts for the type of proposed project, Long-term or SPNS demonstration, will represent model or exemplary qualities in service delivery, management, or other features in connection with other HOPWA funded projects in your community including any local assessment of these features. For a Long-term project, the features must involve permanent supportive housing activities to be undertaken in a non- formula area. A SPNS demonstration project must involve a plan and commitments to place residents in permanent housing by the end of the operating period by showing exemplary and/or innovative qualities. If you propose a new program, or an alternative method of meeting the needs of your eligible population, describe how the innovative qualities of your activities will result in knowledge gained or lessons learned for achieving [[Page 14125]] greater housing opportunities and supportive services for persons living with HIV/AIDS. HUD will rate your application higher if you provide strong evidence that your methods will yield qualities that will benefit or expand knowledge in serving eligible persons, when compared to other applications and HOPWA projects. In order to learn about qualities of previously funded and ongoing HOPWA projects, you may review the HOPWA Executive Summaries for HOPWA grantees at http://www.hud.gov/offices/cpd/aidshousing. (5) Descriptive Budget. HUD will review your budget in describing: (a) How each amount of requested funding for you and your project sponsors will be used and the related use of leveraged resources; (b) How each line item will relate to your description of planned eligible HOPWA activities, as defined in Section III.A of this Program NOFA; and (c) The clarity and completeness of your summary statement of the planned activities for your project by budget line item and the use of any leveraged funds or other resources by the grantee and sponsor(s). You must complete the HOPWA Project Budget Form as described above. Please note that only the forms are required in connection with your narrative under this Model Qualities section. Rating Factor 4: Leverage and Sustainability (10 Points) This factor addresses your ability to secure community resources that can be combined with HUD's funds to achieve program purposes and to ensure sustainability of the housing efforts once HOPWA funds are expended. HUD will award up to 5 points based on the extent to which resources from other public or private sources have been committed at the time of application to support your project, including the use of leveraged resources to provide additional supportive service activities and other housing and program support for eligible persons if documentation is provided that is consistent with the standards described in Section IV.B.5, on Leveraging. Also up to 5 points will be awarded based on your demonstrated sustainability, which addresses the extent to which your program exhibits a plan with identified resources to be financially self-sustaining by decreasing dependence on Federal funding and relying more on state, local and private funding so your activities can be continued after your Federal grant award period is complete. The efforts to sustain programs may also involve other management changes, such as consolidation or merger of administrative functions to improve efficiencies and reduce overhead or program costs, in order to better maintain the housing efforts. a. In establishing leveraging, HUD will not consider other HOPWA- funded activities, entitlement benefits inuring to eligible persons, or conditional commitments that depend on future fund-raising or actions. In assessing the use of acceptable leveraged resources, HUD will consider the likelihood that State and local resources will be available and continue during the operating period of your grant and sustain activities beyond that period of Federal support. In evaluating this factor, HUD will also consider: (1) The extent to which you document leveraged resources, such as funding and/or in-kind services from governmental entities, private organizations, resident management organizations, educational institutions, or other entities to achieve the ongoing purposes of the project for which you are requesting HOPWA funds; (2) The extent to which the agreements for documented resources evidence that you have partnered with other entities to make more effective use of available public or private resources. Partnership arrangements may include funding or in-kind services from local governments or government agencies, nonprofit or for-profit entities, private organizations, educational institutions, or other entities that are willing to partner with you on proposed activities, or partnering with other program funding recipients to make more effective use of resources within the geographic area covered by your award. b. To receive any points under this criterion, you must document in your application the commitment of resources that will be used in the project during its operation and the efforts to sustain activities beyond the period of HOPWA support. If you request funding for supportive services, you must document (1) the commitment of other leveraged resources that at least equal the amount of the HOPWA request for program activities (not including administrative costs); and (2) leveraging for additional supportive services that at least equals the amount requested for supportive services activities in order to receive the highest leveraging points. If you do not request supportive services, to receive the highest leveraging points, you must document the commitment of other leveraged resources that at least equal the amount of the HOPWA request for program activities (not including administrative costs). Factor 5: Achieving Results and Program Evaluation (Maximum 10 Points) Address this factor on not more than five (5) double-spaced, typed pages. Under this factor, HUD will award 10 points based on how well your application demonstrates a commitment to ensuring that the goals that you set forth and your performance will be assessed in a clear and effective manner. HUD will analyze how well you have clearly implemented the required HOPWA program output and outcome goals and identified other stated benefits or outcomes of your program including your activities, benchmarks, and interim activities or performance indicators with timelines. HUD will award the highest points to applications that demonstrate an evaluation plan that will objectively measure actual achievements against anticipated achievements. Benchmarks or outputs that are identified in your application should be measurable indicators of actual achievements that help achieve the program outcome goals for the HOPWA Program. These outcome goals must include ``a'' that is listed below and may include but not be limited to: a. Under the standard required HOPWA outcome measure, increase the amount of housing assistance provided to eligible persons, to establish or maintain housing stability, reduce the risks of homelessness for eligible persons, and improve access to healthcare and other support; b. Increase the access to permanent housing for low-income eligible persons, to enable these households to become more self-sufficient (optional); c. Improve the housing conditions in which low-income and homeless eligible persons and their families live, to increase the number of persons living in housing that is safe, decent, and sanitary (optional); and d. Address the challenge of homelessness for persons living with HIV/AIDS and their families, including persons who are chronically homeless, by helping them more to permanent housing with appropriate support, with coordinated homeless assistance effort (optional). Program output measures for your application for the HOPWA Program must include ``a'' which is listed below and may include but not limited to: a. Under the standard required HOPWA output measure, the projected number of households to be assisted in HOPWA supported housing units by type (tenant-based rental assistance, STRMU payments and assistance in [[Page 14126]] housing facilities) to be provided to eligible households through your project during each project-operating year; and b. The projected number of households including single persons to be served through each activity during each project-operating year (optional). Your application should also address your evaluation plan for the New and Continuing project. Evaluation is defined as your method for collecting data on HUD program measures to evidence achievement of your project's goals and objectives. HUD will assess your method for reviewing this data and your basis for making relative adjustments in project implementation based on outcomes and lessons learned. Your evaluation plan must include how you propose to utilize administrative costs or other leveraged support to conduct this activity. HUD will award a greater number of points for projects that also provide for a plan for the dissemination of information from the lessons learned from your proposed activities. Your application must include the Logic Model Form (HUD-96010). In addition to using the required HOPWA output measures, applicants may create their own set of activities, other outputs, and project outcomes. B. Reviews and Selection Process 1. Renewal of Permanent Supportive Housing Project Applications a. Selection of Renewal Applications. To the degree that funds are available up to the amount made available under the Department's FY2005 appropriation for this competition, the Department will select for funding all Renewal requests from applicants that meet program requirements (including passing a threshold review for a need for Renewal). HUD will also review requests and adjust funding consistent with funding restrictions found in Section IV. If the amount of the approvable request for Renewal activities for all eligible applicants is greater than the amount made available by this notice up to the amount of Fiscal Year 2005 funds, HUD will select all of the approvable Renewal applications and allocate awards to each based on a pro rata reduction to the amount available under this notice. This action will help to ensure that all eligible and performing Renewal grants receive funding that allows their continued operation. b. HUD Reviews. HUD staff will conduct this review, including staff from Community Planning and Development at Headquarters and HUD's State and area field offices. c. Policy Priorities. Applicants seeking Renewal funding under this Program NOFA are not required to address HUD's policy priorities. Applicants are also encouraged to review and voluntarily address relevant HUD's policy priorities as outlined in the General Section. Please note in your application if you undertake any of these optional program efforts. 2. HOPWA New and Continuing Project Applications a. Threshold Reviews. HUD will review your HOPWA application to ensure that it meets the threshold requirements found in Section III.C.2 of the General Section and Section III.C of this Program NOFA pertaining to a request for a new Long-term project or a SPNS demonstration project. b. HUD Reviews. HUD staff will conduct this review, including staff from Community Planning and Development at Headquarters and HUD's State and area field offices. c. Procedures for the Rating and Selection of Applications. HUD will rate all HOPWA applications based on the factors listed above. The points awarded for the factors total 100. In addition, up to 2 bonus points for projects in RC/EZ/EC-II areas may be available under Section V.A of the General Section. Whether your HOPWA application is conditionally selected will depend on your overall ranking compared to other applications within each of the two categories of assistance, Long-term projects, or SPNS demonstration projects. Funds made available from federal fiscal year 2004 will be used to fund the highest rated applications in the order of their ranking that propose new Long-term projects, and if any such funds remain after these selections, for new or continuing SPNS demonstration projects. Funds made available from Federal fiscal year 2005 will be used to fund the priority selection of expiring Renewal projects that undertake permanent supportive housing activities. If any such 2005 funds remain after these selections, then the funds will be used to fund additional New and Continuing projects that are the next highest rated applications in the order of their ranking that propose: (a) Additional new Long-term projects, if applicable after the selections made above with 2004 funds, and then (b) additional new or continuing SPNS demonstration projects. HUD will select applications in rank order in each category of assistance to the extent that funds are available, except as outlined in this Program NOFA, where HUD reserves the right to select applications that target the priority eligible populations to ensure selection of two projects addressing the housing needs of persons who are chronically homeless. In allocating amounts to the categories of assistance, HUD reserves the right to ensure that sufficient funds are available for the selection of at least one application with the highest ranking under each category of assistance. HUD will not select an application that is rated below 75 points, nor will an application be funded if it receives a Rating Factor 1-- Capacity score lower than 14 points. In the event of a tie between applications in a category of assistance, HUD reserves the right to break the tie by selecting the proposal that was scored higher on a rating criterion in the following order: Soundness of Approach; Responsiveness and Model Qualities (Rating Factor 3); Achieving Results and Program Evaluation (Rating Factor 5); Capacity of the Applicant and Relevant Organizational Experience (Rating Factor 1); Need/Extent of the Problem (Rating Factor 2); and Leveraging Resources (Rating Factor 4). C. Anticipated Announcement and Award Dates The anticipated announcement of the projects selected under this notice is no later than August 30, 2005. VI. Award Administration Information A. Award Notices 1. Applicant Notification. HUD will notify the eligible applicants of their conditional selection or rejection for awards by email or by a letter to be mailed to the applicant's authorized official at the address or e-mail address provided in your application. For conditionally selected applicants, the CPD Division of HUD's State or area office will provide a second letter with a copy of a proposed grant agreement along with instructions on any adjustments to the grant amount requested and other conditions identified during the review for conducting planned activities and on the close out of the current grant. 2. Award Modifications. After reviewing each application, HUD reserves the right to take each of the following actions: a. HUD reserves the right to make award adjustments as outlined in Section IV.A.2, Adjustments to Funding, of the General Section of the SuperNOFA. b. In the event that a conditionally-selected applicant is unable to meet any conditions for funding within the specified time, HUD reserves the right to not make an award to that applicant. In [[Page 14127]] the event that a conditionally-selected applicant is continuing to operate under the prior grant, and has sufficient funds to continue current operations for at least six months following the date of notification of selection, HUD may take any of the following actions: (i) Follow procedures to terminate the prior grant and recapture remaining funds after this date, consistent with the terms of the applicable grant agreement and 24 CFR 574.500(c); or (ii) adjust the amount of the new award by the amount of funds remaining after this date in the prior grant. c. In making awards to New and Continuing projects, HUD may offer less then the full amount requested to applicants that have received sufficient points to be selected, but for which there are insufficient funds remaining to provide the full funding request. HUD may also use funds from an award reduced under item b, above, to restore amounts to a funding request that had been reduced in this competition due to the application's lower rating status; d. If an applicant turns down an award, an award is not made, or if there are sufficient award adjustments to make additional awards feasible, HUD reserves the right to: (a) Offer an award to the next highest rated application(s) in this competition in their rank order; (b) add remaining or recaptured amounts to the funds that become available for a future competition; or (c) restore amounts to a funding request that had been reduced in this competition. 3. Applicant Debriefing. Applicants requesting to be debriefed must send a written request to: Department of Housing and Urban Development; Attention: Office of HIV/AIDS Housing; 451 Seventh Street, SW., Room 7212; Washington, DC 20401-7000. Telephone number is (202) 708-1934. Persons with hearing or speech challenges may access the above number via TTY (text telephone) by calling the Federal Information Relay Service at 800-877-8339 (this is a toll-free number). Additional information regarding debriefing can be found in the General Section. B. Administrative and National Policy Requirements 1. Executive Order 13202, Preservation of Open Competition and Government Neutrality Toward Government Contractors' Labor Relations on Federal and Federally Funded Contract Projects. See Section III.C. of the General Section for the information on how to meet this requirement. 2. Procurement of Recovered Materials. See Section III.C. of the General Section for the information on how to meet this requirement. C. Reporting 1. Six-Month Report. For any new project, you must provide an initial report to the Field Office and HUD Headquarters on the startup of the planned activities within six months of your selection. Your report must outline your accomplishments and identify any barriers or issues for which the Department may provide assistance on the start-up on your new award. Renewal and continuing projects are not required to file this report. 2. Measuring Performance. You must report after each year of operation on the annual accomplishments of your projects under the HOPWA Annual Progress Report (form HUD-40110-B), including the required performance measures described in Section III.C.2.c. of this Program NOFA on Required HOPWA Performance Goals including reporting on annual housing outputs and client outcomes in achieving housing stability, reduced risks of homelessness, and improved access to healthcare and other needed support. For each reporting period, you must provide a completed Logic Model showing progress to date against projected outputs and outcomes contained in your approved grant agreement. HUD will use these reports and information obtained from HUD financial systems, along with any remote or on-site monitoring, to measure your progress and achievements in evaluating your performance on your HOPWA grant. 3. Beneficiary Information. HUD requires that funded recipients collect racial and ethnic beneficiary data. It has adopted the Office of Management and Budget's Standards for the collection of Racial and Ethnic Data. In view of these requirements, you should use one of the following: [sbull] HUD-27061, Racial and Ethnic Data Reporting Form (instructions for its use) found on www.HUDclips.org; [sbull] A comparable program form (HOPWA--Annual Performance Report (APR) form HUD-40110-C); or [sbull] A comparable electronic data system for this purpose. VII. Agency Contacts A. For Further Information and Technical Assistance (TA). For technical assistance in downloading an application package from Grants.gov/Apply, contact the Grant.gov help desk at 800-518-Grants or by sending an e-mail to [email protected]. For programmatic information, you may contact the HUD field office serving your area. You can find the telephone number for the State or Area Office of Community Planning and Development on HUD's Web site: www.hud.gov/offices/adm/grants/fundsavail.cfm. HUD staff may assist with program questions, but may not assist in preparing your application. Persons with hearing or speech challenges may access the above number via TTY (text telephone) by calling the toll-free Federal Information Relay Service at 800-877-8339. B. Seeking Technical Assistance (TA) in Developing a HOPWA Application. HOPWA TA providers may not provide technical assistance in the drafting of responses to HUD's NOFA due to the unfair advantage such assistance gives to one organization over another. If HUD determines that HOPWA technical assistance has been used to draft a HOPWA application, HUD reserves that right to reject the application for funding. If, after your application has been selected for an award, HUD determines that HOPWA technical assistance was used to draft your application, the award will be withdrawn and you may be liable to return to HUD any funds already spent. C. Satellite Broadcast. HUD will hold information broadcasts via satellite for potential applicants to learn more about the program and preparation of the application. For more information about the date and time of the broadcast, you should consult the HUD Web site at www.hud.gov/grants. VIII. Other Information A. Paperwork Reduction Act. The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2506-0133. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 413 hours per annum per respondent for the application and grant administration. This includes the time collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required [[Page 14128]] in order to receive the benefits to be derived. B. Instructions on Filling Out Required HOPWA Application Budget Form (HUD-40110-B). Complete a separate ``Detailed Project Budget and Housing Outputs'' page (Section B) for the Grantee and for each Project Sponsor receiving HOPWA funds under this application. Specific instructions: 1. Name of Organization: Enter the complete legal name of the organization (grantee or project sponsor). (If you are completing an electronic application, this data element is pre-populated after you have completed the SF 424 information.) 2. Zip Code: Enter the zip code of the local headquarters of the grantee or sponsor. (For electronic applications, this information is pre-populated once you enter the information on the SF 424. 3. Type: Mark if you are completing this form for the grantee or project sponsor, as applicable. 4. Grassroots: Indicate if the grantee or sponsor is a grassroots faith-based or other community-based grassroots organization (see General Section for definitions). 5. Eligible Activity Description: Provide a brief description in each of the appropriate ``Eligible Activity'' categories for each activity for which you are seeking funding. This description should be a 1-2 line summary of the activity. Example 1: Tenant-Based Rental Assistance Description: ``Provide Long-term, tenant-based rental assistance through the ``Rent Project'' to 25 individuals and 10 families per year over a three- year grant period (average $5,000 per household per year).'' Example 2: Supportive Services Description: ``One employee (0.5FTE) will provide case management, nutritional services, and mental health counseling to 45 individuals in the AIDS Housing facility each year for the three years of the grant term.'' Example 3: Permanent Housing Placement Description: ``Funds for first months rent and security deposits and help in completing housing forms for 25 households per year to move them to permanent rental housing at $60,000 for the three years of the grant term.'' 6. Budget: For each HOPWA Eligible Activity (lines 1-15), enter the amount of requested HOPWA funds in the ``Totals'' column. In the columns labeled ``Yr. 1'', ``Yr. 2'' and ``Yr. 3'', indicate in whole dollars how you plan to spend the total funds over each of the project years. If you are a submitting a new application and requesting funds for Facility Development (lines 1-3), do not allocate Facility Operations funds (lines 4-6) until the facility is developed and operational. 7. # of Housing Units / # of Households: Indicate the number of housing units or households, as applicable, that will be assisted during each program year for which you are seeking funds. 8. Total HOPWA Request: Total the ``Budget'' amounts at the bottom of the page. C. Instructions on Completing HUD's Logic Model (Form HUD-96010). (Note: Below are specific instructions for completing HUD's Logic Model for the HOPWA program. Refer to the General Instructions for further guidance on completing the Logic Model.) The HOPWA program is intended to achieve the overall outcome that persons assisted have been enabled to establish and/or better maintain a stable living environment in housing that is safe, decent and sanitary and to reduce the risks of homelessness and improve access to healthcare and other supportive services. In addition, output is measured each year on the number of units of housing/households supported with HOPWA funds. Projects may also show how efforts foster greater self-sufficiency and independence for clients from public support. The outcomes and outputs on the Logic Model will be used as a guide to assist HUD and grant recipients to measure the impact of the HOPWA program in achieving HUD's objectives. At the end of each year of assistance, HOPWA recipients should consider the effects of their efforts and compare results to the planned outputs and the prior year's outcome baseline on stable housing as part of an assessment of program success. These assessments will help inform the community as well as HUD in assessing past performance and helping to direct future efforts. For example, if an assessment shows that some activities are not helping beneficiaries achieve the desired outcome, recipients should consider what alternatives or enhancements to program efforts might better meet this goal. By its nature, short-term housing support is expected to provide a temporary and unstable housing outcome if persons remain dependent on this type of assistance. Specific Instructions: Program Name: Enter ``HOPWA''(For electronic application filers this information is pre-populated once you have completed the SF 424 information). Component Name: ``New'' or ``Continuing'' or ``Renewal'', as applicable. Strategic Goals: Enter ``2,4'' which conform to HUD's strategic goals to ``Promote decent affordable housing'' and ``Ensure equal opportunity in housing'' Policy Priorities: Below are HUD's policy priorities. HOPWA efforts are established under item 1 in providing housing support and item 6 in helping to end chronic homelessness. In addition to those items (whichever is appropriate), applicants could add to attainment of the other items. In the Policy Priorities column, enter the numbers which best identify the priorities that apply to your application, including 1 and/or 6 along with any optional addition priority. 1. Provide increased homeownership and rental opportunities for low and moderate-income persons, persons with disabilities, the elderly, minorities and families with limited English proficiency. (HOPWA included) 2. Improving our nation's communities 3. Encourage accessible design features 4. Provide full and equal access to grassroots faith-based and other community-based organizations in HUD program implementation 5. Participation of minority-serving institutions in HUD programs Ending chronic homelessness (HOPWA funded homeless projects included). 6. Removal of regulatory barriers to affordable housing. 7. Participation in Energy Star. Problem, Need or Situation: Provide a general statement of need that provides the rationale for the proposed service or activity (i.e., describe the problem that you are addressing with your HOPWA application program). Service or Activity: Identify the services that you are providing to address the Problem, Need or Situation identified above. Output Goal: Using the figures from the `` of Units'' and `` of Households'' section of the ``Detailed Project Budget and Housing Outputs'' section of form 40110-B, identify the Short-Term, Intermediate and Long-term output goals of your project. For example: a short-term output goal might be ``to provide 14 units of housing for persons with HIV/AIDS and their families,'' an intermediate output goal might be ``to assist 20 family members to find jobs,'' and a Long-term output goal might be ``to assist 4 households to purchase a home.'' Output Result:1 Do not complete this column in the application-- this will be used in annual progress reporting. Achievement Outcome Goals: Identify the number of households who will be able to: (a) Establish and/or better maintain stable housing, [[Page 14129]] (b) Reduce their risks of homelessness or (c) Improve their access to healthcare and other needed support. The achievement of stable housing for HOPWA beneficiaries is defined as the number of clients who will remain in residence in the housing program or who leave the program through outplacement to other permanent housing options, including private resources, and those with a reasonable expectation of self sufficiency and independence after their HOPWA assistance. End Results: Do not complete this section. Measurement Reporting Tools: Refer to general instructions on the Logic Model. Evaluation Process: Refer to general instructions on the Logic Model. [[Page 14130]] [GRAPHIC] [TIFF OMITTED] TN21MR05.236 [[Page 14131]] [GRAPHIC] [TIFF OMITTED] TN21MR05.237 [[Page 14132]] [GRAPHIC] [TIFF OMITTED] TN21MR05.238 [[Page 14133]] [GRAPHIC] [TIFF OMITTED] TN21MR05.239 [[Page 14134]] [GRAPHIC] [TIFF OMITTED] TN21MR05.240 [[Page 14135]] [GRAPHIC] [TIFF OMITTED] TN21MR05.241 [[Page 14136]] Housing for People who are Homeless and Addicted to Alcohol Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Community Planning and Development B. Title: Housing for People Who Are Homeless and Addicted to Alcohol C. Announcement Type: Initial announcement D. Funding Opportunity Number: The Federal Register number is FR- 4950-N-33; the OMB approval number is pending. E. Catalog of Federal Domestic Assistance Number: 14.235 F. Dates: The application submission date is May 19, 2005. G. Additional Overview Content Information: 1. Applicants for funding should carefully review the requirements identified in this Program NOFA and the General Section. Unless otherwise stated in this Program NOFA, the requirements of the General Section apply. 2. This NOFA announces the availability of approximately $10 million to award approximately ten two-year grants ranging up to approximately $1 million per award. This two-year, competitive demonstration program, developed in consultation with the Interagency Council on Homelessness as required in Public Law 108-7, is designed to provide supportive housing assistance to chronically homeless persons who have been living on the streets for at least three hundred sixty- five (365) days over the last five (5) years and have a long term addiction to alcohol, otherwise known as serial inebriates. Clients served by these funds will have been living on the streets at the time of initial contact and will have no history of living in transitional or permanent housing over the last five years. Grantees will partner with local law enforcement and court systems and other relevant institutions to identify eligible clients for this program. Grantees will demonstrate existing relationships with service providers, including grassroots community-based organizations including faith- based organizations, to ensure the comprehensive supportive services needs of the clients are addressed (through other funds). The project must be located within a Continuum of Care that has at least 100 people who are chronically homeless and unsheltered, according to the Continuum of Care or a recent official count. Full Text of Announcement I. Funding Opportunity Description A. Background. Research suggests that as many as 150,000 people experience chronic homelessness in this country. People experiencing chronic homelessness frequently suffer from addiction to alcohol or other disabling conditions, and they are homeless for extended periods of time or experience multiple episodes of homelessness. For the most part, persons who are chronically homeless get help for a short time but soon fall back to the streets and shelters. Because the long-term needs of these persons are not comprehensively addressed, they cycle through the homeless system and consume a significant portion of available emergency resources. When persons who are chronically homeless have access to basic assistance, like housing and treatment, research suggests a reduction in the costs of expensive emergency interventions. People who have been living on the streets for a very long time with a primary diagnosis of alcoholism are a particularly difficult to serve homeless sub-population. Research indicates that 38 percent of the overall homeless population experiences problems with alcohol. Since evidence has shown that in certain communities alcoholism among the homeless population is a major problem, including high utilization of public resources, emergency medical services and the court system, this demonstration targets this very difficult to serve population. B. Program Description. This demonstration targets chronically homeless persons who have been living on the streets for at least three hundred and sixty-five (365) days over the last five (5) years and have a long-term addiction to alcohol, otherwise described as serial inebriates. Clients served by these funds will have been living on the streets at the time of initial contact and will have no history of living in transitional or permanent housing over the last five years. It is the intent of Congress that funds awarded under this NOFA support innovative solutions, which frequently result when local community organizations work together. Building upon existing collaborations, grantees are expected to work in conjunction with local law enforcement agencies and courts, including the police department, sheriffs department, superior court, city attorney, and/or city council, to identify and refer eligible clients to projects funded by this program. After clients are identified as having a long-term addiction to alcohol and having lived on the streets for at least 365 days over the last five years, the provider will determine, on a case-by-case basis, if they need to be stabilized in programs (not funded through this initiative), such as a residential treatment center, detoxification center or other jail diversion program, for up to six months prior to being placed into permanent supportive housing (funded through this initiative). Once the grantee, working in conjunction with the relevant supportive service providers and the homeless client, determines that the client is ready, grant funds for this initiative may be used to provide permanent supportive housing for the client. Up to five percent of the funds are available for providers to help clients identify and obtain permanent supportive housing. HUD expects that approximately half of the projects awarded will provide grants for leasing that are project-based projects, and the other half will provide grants that are tenant-based projects. Comprehensive alcoholism treatment services, along with other relevant services, must be provided in a manner deemed appropriate by the grantee and are subject to requirements of the Supportive Housing Program regulations and other applicable laws and regulations. Clients must be assisted in accessing relevant mainstream service delivery systems, Food Stamps, Supplemental Security Income (SSI), and Medicaid, for example. Following this demonstration period, funded projects may be eligible to apply, on a competitive basis, as a renewal project through the Continuum of Care for Supportive Housing Program--Permanent Housing (SHP-PH). C. Authority. Public Law 108-7, approved February 20, 2003 (111 Stat. 494) authorizes this two-year demonstration program. The Supportive Housing Program is authorized by Title IV, Subtitle C, of the Stewart B. McKinney-Vento Homeless Assistance Act (McKinney-Vento Act), 42 U.S.C. 11381. D. Definitions. 1. Chronic homelessness refers to an unaccompanied homeless individual with a disabling condition who has either been continuously homeless for a year or more OR has had at least four (4) episodes of homelessness in the past three (3) years. To be considered chronically homeless, persons must have been sleeping in a place not meant for human habitation (e.g., living on the streets) and/or in an emergency shelter during that time. An episode is a separate, distinct, and sustained stay on [[Page 14137]] the streets and/or in an emergency homeless shelter. 2. For the purpose of this NOFA, disabling condition is defined as ``a diagnosable substance use disorder, serious mental illness, developmental disability, or chronic physical illness or disability, including the co-occurrence of two or more of these conditions. A disabling condition limits an individual's ability to work or perform one or more activities of daily living.'' 3. A serial inebriate is defined as a chronically homeless person who has been living on the streets for at least 365 days over the last five years and who has a long-term addiction to alcohol. (To be eligible for this program, clients served by these funds will be living on the streets at the time of initial contact and will have no history of living in transitional or permanent housing over the last five years.) II. Award Information This NOFA announces the availability of approximately $10 million to award approximately ten grants ranging up to approximately $1 million per award. III. Eligibility Information A. Eligible Applicants. Eligible applicants are States, local government, other government agencies, and public and private nonprofit organizations that are part of a Continuum of Care in jurisdictions that have at least 100 people who are chronically homeless and unsheltered. B. Eligible Activities. Eligible activities are limited to leasing of housing and limited housing search and administrative expenses. For the purpose of this NOFA, housing activities include only leasing and housing search. C. Other. 1. Eligible clients. Eligible clients are chronically homeless persons who have been living on the streets for at least 365 days over the last five years and who have a long-term addiction to alcohol. (To be eligible for this program, clients served by these funds will be living on the streets at the time of initial contact and will have no history of living in transitional or permanent housing over the last five years.) 2. Threshold Requirements. a. Ineligible Applicants. HUD will not consider an application from an ineligible applicant. b. Applicants, and Sub-grantees, must meet the Threshold Requirements in the General Section of the SuperNOFA. c. Compliance With Fair Housing and Civil Rights Laws. (1) Applicants must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). In addition to these requirements, there may be program-specific threshold requirements identified in the individual Program NOFAs. (2) If you, the applicant: (a) Have been charged with an ongoing systemic violation of the Fair Housing Act; or (b) Are a defendant in a Fair Housing Act lawsuit filed by the Department of Justice alleging an on-going pattern or practice of discrimination; or (c) Have received a letter of findings identifying ongoing systemic noncompliance under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, or Section 109 of the Housing and Community Development Act of 1974; and (d) The charge, lawsuit or letter of findings referenced in subpart (a), (b), or (c) above has not been resolved to HUD's satisfaction before the application deadline, then you are ineligible and HUD will not rate and rank your application. (2) Examples of actions that would normally be considered sufficient to resolve the matter include, but are not limited to: (a) A voluntary compliance agreement signed by all parties in response to a letter of findings; (b) A HUD-approved conciliation agreement signed by all parties; (c) A consent order or consent decree; or (d) An issuance of a judicial ruling or a HUD Administrative Law Judge's decision.'' d. Affirmatively Furthering Fair Housing. Under Section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funding recipients. If you are a successful applicant, you will have a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. Protected classes include race, color, national origin, religion, sex, disability, and familial status. The application should include specific steps to: (1) Overcome the effects of impediments to fair housing choice that were identified in the jurisdiction's Analysis of Impediments (AI) to Fair Housing Choice; (2) Remedy discrimination in housing; or (3) Promote fair housing rights and fair housing choice. Further, you, the applicant, have a duty to carry out the specific activities provided in your responses to the rating factors that address affirmatively furthering fair housing. 3. Program Requirements. a. Applicants must be a part of a Continuum of Care. Please provide as documentation a copy of the Continuum of Care Planning Process Organization that was submitted in the most recent Continuum of Care competition. b. The project must be located within a Continuum of Care that has at least 100 people who are chronically homeless and unsheltered, according to the Continuum of Care or a recent official count. Please identify by program year and date of submission the most recent Continuum of Care documentation submitted to HUD, so HUD staff can confirm that the jurisdiction has identified the required 100 people. c. All clients are expected to receive necessary supportive services from the time they are identified and as long as necessary after they are placed into permanent supportive housing. d. Grantees shall derive all supportive services funds, including substance abuse treatment, from other public or private sources, including community-based organizations, inclusive of faith-based organizations. e. Funds made available under this NOFA are subject to the program regulations at 24 CFR part 583. f. Grantees currently operating facilities or activities that serve homeless persons may only receive SHP funding if the project proposes to increase the number of homeless persons served. g. Safeguarding Resident/Client Files. In maintaining resident files, HUD funded recipients shall observe state and local laws concerning the disclosure of records that pertain to individuals. Further, recipients are required to adopt and take reasonable measures to ensure that resident/client files are safeguarded. h. Environmental Impact. Activities under this NOFA are subject to the environmental review provisions set out at 24 CFR 583.230. A recipient, its project partners and their contractors may not commit or expend any assistance or nonfederal funds on project activities (other than those listed in 24 CFR 58.22(c), 58.34 or 58.35(b)) until HUD has approved a Request for Release of Funds and environmental certification from the responsible entity. The expenditure or commitment of assistance or nonfederal funds for such activities prior to this HUD approval may result in the denial of assistance for the project under consideration. D. Match. For the purposes of this two-year demonstration program, applicants must match all funds provided through this initiative on at [[Page 14138]] least a dollar for dollar basis with cash for supportive services. Cash already claimed as leverage or match as part of the Continuum of Care activities may not be claimed to offset this match requirement. Grantees shall derive services funds from public or private sources, including community-based organizations, inclusive of faith-based organizations, but shall not derive services funds from other HUD- funded homeless assistance grants. Refer to 24 CFR 84.23 (for nonprofits) and 85.24 (for state and local governments) for information governing matching funds, but note that the cash requirements of this two-year demonstration program are more restrictive than the requirements that may apply to other grant programs. IV. Application and Submission Information A. Addresses to Request Application Package. Applicants may download the NOFA from the Grants.gov Web site at http://www.grants.gov. If you have difficulty accessing the information you may call the grants.gov help desk at 800-518-GRANTS. The operator will assist you in accessing the information. Please see the General Section for information on electronic application submission, procedures for requesting a waiver, and timely submission and receipt requirements. B. Content and Form of Application Submission. 1. Required Materials. There is no separate application kit. This notice contains all the information necessary for submission of your application. a. In addition to the required narratives, please include in your application each item in the order listed below: (1) SF-424, Application for Federal Assistance. (a) Every section should be completed. (b) When completing box 15, the component selected should be either: i. Permanent Housing for Persons with Disabilities, or ii. Safe Havens--Permanent (Safe haven projects have the characteristics of permanent housing and will require participants to execute a lease agreement.) (2) HUD-2991, Certification of Consistency with Consolidated Plan. (3) SF-424-SUPP, Survey on Ensuring Equal Opportunity for Applicants. (4) HUD 27300, America's Affordable Communities Initiative. (5) HUD-96011, Facsimile Transmittal. (6) HUD-96010, Program Outcome Logic Model. (7) SF-LLL, Disclosure of Lobbying, if applicable. (8) HUD 40112.1, Program Project Information. (9) HUD 40112.2, Number of Beds and Participants Charts. (The period of performance for all grants awarded through this NOFA will be up to two-years.) (a) This section is composed of two charts: (i) Chart 1 is for recording the number of beds/bedrooms in the project. (ii) Chart 2 is for recording the number of participants to be served. (b) Instructions for Completing Chart 1 and Chart 2. Note: If your project is funded, you will be responsible for achieving the numbers submitted. (i) In the first column, please enter the requested information for all items at a point in time (a given night). You should only fill out this column if you propose to use existing facilities to serve the homeless. If not, enter ``N/A'' in this column. (ii) In the second column, enter the new number of beds and persons served at a point in time if this project is funded. (iii) In the third column, enter the projected level (columns 1 and 2 added together) that your project will attain at a point in time. (iv) In the fourth column, enter the number of persons to be served over the grant term. (10) HUD 40112.3, Leasing Information. (a) Leasing Units for Housing. (i) Housing space may be in the form of scattered-site leased units, or within a structure. The structures to be leased may be structures currently configured for, or structures to be converted to provide, supportive housing and/or supportive services. (ii) If you propose to lease units in more than one metropolitan or non-metropolitan area, fill in the appropriate number of tables for each area with a different FMR or actual rent. Please submit multiple copies of this Chart as needed to accommodate projects using more than one FMR or actual rent. (iii) Enter the number of unit(s) by the bedroom size to be leased and the lower of the actual rent or the FMR as published in the Federal Register on October 1, 2004. (FMRs may be found using this WEB site: http://www.huduser.org/datasets/fmr.html) The space to be leased may be scattered-site (e.g., one-bedroom apartments in five different apartment complexes) or contained within a structure (e.g., a group home with six bedrooms). (iv) Multiply the number of units by the FMR or actual rent, whichever is lower, by the length of the grant ( of units x FMR or actual rent x months based on grant term) and enter the result in the total column. (v) Please note that the FMR for a single room occupancy (SRO) unit is equal to 75 percent (0.75) of the 0-bedroom FMR. The FMRs for unit sizes larger than 4-bedrooms are calculated by adding 15 percent to the 4-bedroom FMR for each extra bedroom. For example, the FMR for a 5- bedroom unit is 1.15 times the 4-bedroom FMR, and the FMR for a 6- bedroom unit is 1.30 times the 4-bedroom FMR. (vi) Chart A should be filled out only if you will lease individual units or structures that are currently configured for housing and/or services and, therefore, an FMR or actual rent can be used. If you have negotiated an actual rent (s) which is lower than the FMR, please use that amount instead of the FMR. The actual rent may not exceed the FMR. (vii) If your project has been approved for exception rents use those amounts when completing these charts AND submit your current approval letter with this document. (b) Leased Structure(s) for Housing (i) If you will lease a structure or portion of a structure for housing, fill out Chart B below using a monthly leasing cost that is comparable to and no more than the rents being charged for similar space in the area. This applies to structures already configured for housing and for those that will be converted. If your project has more than one structure, reproduce Chart B and fill it out starting with structure 2. (ii) Multiply the monthly leasing costs by the number of months requested for funding and enter the result in the total column. (iii) Chart B should be filled out only if you will lease a structure or portion of a structure for which an FMR is not applicable. (11) HUD 40112.4, Additional Key Information. HUD needs the information in this form to respond to public and Congressional inquiries about program benefit. (12) SF 424A, Budget Information--Non-Construction. Only Complete Sections A and C. (a) In Section A, column (a) which is labeled ``Grant Program Function or Activity'', the applicant must list the activities that will be funded through this grant and provided as cash match: i. Row 1 should state leasing; ii. Row 2 should state housing search assistance; iii. Row 3 should state administration. [[Page 14139]] iv. Row 4 should state services. (b) Columns (b), (c) and (d) of Section A should be left blank. (c) In column (e) of Section A, list the funds you are requesting through this NOFA in rows 1 through 3. NOTE: Although column (e) is labeled ``Federal,'' do not enter all Federal Funds in this column. Enter only those funds requested from this NOFA. (d) Use column (f) of Section A to indicate the other funds you are committing to this project. Note: Although column (f) is labeled ``Non- Federal,'' use this column to show all funds, Federal and non-federal, other than the SHP funds listed in column (e), which will support this project. Column (g) is a calculated field and should equal your total project budget. (e) Column (a) of Section C, Non-Federal Resources, contains calculated fields and will list leasing, housing search assistance, administration and services in rows one through four. (f) Use columns (b) Applicant, (c) State and (d) Other of Section C should to show the non-federal cash match for each of the activities listed in rows one through four. (g) Column (e) of Section C should total the amount of cash match for each of the activities. Note: Column (e) row 12 must be equal to or greater than your total grant request shown in Section A column (e) row 5 in order to satisfy the match requirement. (13) Budget Narrative. A one-page narrative must be submitted that explains how the applicant arrived at the cost estimates for any line items, including match items. 2. Required Certifications. By signing the SF-424 cover page: a. The governing body of your organization has duly authorized the application for federal assistance. In addition, by signing and/or electronically submitting your application, you certify that the Authorized Organization Representative signing the application: (1) has the legal authority to apply for Federal assistance and the institutional, managerial, and financial capacity (including funds to pay for any non-federal share of program costs) to plan, manage and complete the program as described in the application; and will provide HUD any additional information it may require; and (2) will administer the award in compliance with requirements identified and contained in the Notice of Funding Availability as applicable to the program for which funds are awarded and in accordance with requirements applicable to the program. b. No appropriated Federal funds have been paid or will be paid, by or on behalf of the applicant to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an employee of a Member of Congress, in connection with this application for Federal assistance or any award of funds resulting from the submission of this application for Federal assistance, or its extension, renewal, amendment, or modification. If funds other than Federal appropriated funds have been or will be paid for influencing or attempting to influence the persons listed above, the applicant agrees to complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, as part of its applications submission package. The applicant further agrees to and certifies that it will require all subawards at all tiers including subgrants and contracts to similarly certify and disclose accordingly. C. Submission Date and Times. Applications must be submitted to and received by Grants.gov on or before 11:59:59 p.m. eastern time on May 19, 2005. Please be sure to read the General Section for timely submission and receipt requirements as submission requirements have substantially changed this year. Failure to follow the submission requirements and procedures may affect your ability to receive an award of funds. D. Intergovernmental Review. This program is excluded from an Intergovernmental Review. E. Funding Restrictions. 1. Housing funds available through this initiative may only be used to provide grants for leasing, limited housing search assistance and administration. 2. No more than 5 percent of each project award may be used for housing search assistance. 3. No more than 5 percent of each project award may be used for administrative costs, such as accounting, preparing HUD reports, obtaining audits, and other costs associated with administering the grant. 4. Costs for new construction, rehabilitation, acquisition, operating costs, and supportive services are not allowable costs for reimbursement under this NOFA. 5. Under no circumstances may SHP leasing funds be used to lease units or structures owned by the project sponsor, the selectee, or their parent organizations. This includes organizations that are members of a general partnership where the general partnership owns the structure. 6. Activities undertaken to benefit populations other than the target population as defined in Section I.B, above, will not be funded. 7. Clients served by these funds must be living on the streets at the time of initial contact and will have no history of living in transitional or permanent housing over the last five years. F. Other Submission Requirement. Applicants receiving a waiver to the electronic submission requirement may submit a paper copy application. Applicants that have received a waiver of the electronic submission requirement should consult the General Section for application submission instructions including Appendix C for the correct mailing address and number of copies. V. Application Review Information. A. Criteria. The following are descriptions of the rating factors upon which the application will be scored. The total number of pages allotted to each rating factor is specified. Additional narrative or lists, other than those specified in the rating factors below, will not be considered. Lists that are requested in a rating factor are not included in the page limit. 1. Capacity of the Applicant and Relevant Organizational Staff (Points 20). Up to 20 points will be awarded based on the following questions (two pages total): a. What experience does the applicant have in providing supportive housing and collaborating with agencies that provide an array of needed supportive services to persons who have been living on the streets for at least 365 days over the last five years and who have a long-term addiction to alcohol. b. What existing relationships does the applicant have with law enforcement agencies, courts, substance abuse service systems and other supportive services organizations, sub-contractors, consultants, sub- recipients, and members of consortia that are firmly committed to the project? c. How have the applicant and partner agencies demonstrated the management and organizational capability to manage this collaboration? d. What is the applicants' past performance in managing public or private funds and the timely use of funds received from Federal, State or local sources? 2. Need/Extent of Problem (Points 10). (one page total): This factor addresses the extent to which (a) there is a need for funding the proposed activities described in the applicant's work plan, and (b) the degree to which the applicant's work [[Page 14140]] plan substantively addresses departmental policy priorities. Please note, there must be at least 100 people who are chronically homeless and unsheltered in your Continuum of Care. a. Needs Data (5 points). Please provide in the response, the extent to which the community the applicant serves has documented the extent of homelessness and the presence of persons who are chronically homeless and addicted to alcohol in its Continuum of Care, Consolidated Plan, Analysis of Impediments to Fair Housing Choice (AI), or other planning documents. Briefly describe where the target population will come from and the outreach plan to bring them into the project. Please describe the approach in identifying the needs of the target population. Higher points will be awarded to applicants that can quantify the number/ percent reduction in overall homelessness and chronic homelessness to be achieved by the proposed work plan. b. Departmental Policy Priorities (5 points). The Departmental policy priorities are described in detail in the General Section. The following four priorities apply for the purpose of this NOFA. Indicate if, and describe how, the applicant's work plan substantively addresses each of these departmental policy priorities. Applicants are advised to review the policy priorities in the General Section, to assure they fully understand the meaning of each, prior to responding to this sub-factor. In scoring this section, the applicant will receive one point for each of the departmental policy priorities (1)--(3) that the work plan substantively addresses. Up to 2 points are available for priority (4). The activities the applicant proposes in its projected work plan, detailed in Factor 3 of this NOFA, must address the policy priorities for priorities (1)-(3) in order to receive rating points. Points will only be awarded to applicants for policy priority (4) if the submission includes the required documentation or URL sites where the documentation can be found. (1) Providing Full and Equal Access to Grassroots, Faith-Based and Other Community-Based Organizations in HUD Program Implementation. Please describe how the applicant encourages the involvement of faith- based and community-based organizations in developing and implementing the proposed project, and the extent to which these groups participate in developing their work plans. (2) Ending Chronic Homelessness. Please describe how the program meets this policy priority. The applicant should be mindful of the requirements of the regulations implementing Section 504 of the Rehabilitation Act, in particular, 24 CFR 8.4(b)(1)(iv), 8.4(c)(1) and 8.4(d). (3) Participation in Energy Star. To obtain the policy priority points for energy star, the applicant must set quantitative goals for activities such as replacing worn products or facilities such as light bulbs, water heaters, furnaces, etc., with Energy Star products to reduce operating costs. (4) Removal of Regulatory Barriers to Affordable Housing. To obtain the policy priority points for efforts to successfully remove regulatory barriers, applicants must complete form HUD-27300, ``Questionnaire for HUD's Initiative on Removal of Regulatory Barriers.'' Copies of HUD's notices published on this issue, can be found on HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Under this policy priority, higher rating points are available to: (a) Governmental applicants that are able to demonstrate successful efforts in removing regulatory barriers to affordable housing and (b) Nongovernmental applicants that are associated with jurisdictions that have undertaken successful efforts in removing barriers. 3. Soundness of Collaborative Approach (Points 40). Up to 40 points will be awarded based on the extent to which the applicant collaborates with the identified partners to accomplish the goals described in response to this rating factor. (10 pages total): a. The applicant should provide memoranda of agreement that clearly specify the roles and signatures of the partners involved in this collaboration, including, but not limited to, law enforcement agencies, courts, substance abuse service systems and other supportive services organizations, sub-contractors, consultants, sub-recipients, and members of consortia. The memoranda are not included in the page limitation. b. How will the applicant work with the partners identified in the memoranda, the local Continuum of Care and partner agencies to develop and implement this program? How does this program support existing homeless and housing plans in the jurisdiction? c. What role will the police department, sheriffs department, superior court, city attorney, city council, and/or local hospitals have in identifying eligible clients? How will clients be referred to the program? d. How will the applicant and partners determine that the clients have lived on the streets for at least 365 days over the past five years and are addicted to alcohol? How will the applicant and partners determine that the clients have been living on the streets at the time of initial contact and have no history of living in transitional or permanent housing over the last five years? e. How will the applicant and partner providers determine if clients need to be stabilized in programs, such as residential treatment centers, detoxification centers or other jail diversion programs (for up to six months) before being placed into permanent housing? What role will the clients have in this determination? f. How will participants be assisted both to obtain and remain in permanent housing? How will housing be identified and how will the client be assisted in finding housing? What role will the limited housing search assistance provided through this initiative have in identifying suitable housing for the clients? What role will the clients have in selecting the permanent housing? g. What type of housing will be provided? How do the TYPE (e.g., apartments, group home) and SCALE (e.g. number of units, number of persons per unit) of the proposed housing will fit the needs of the participants? Will existing structures be utilized? If this will be an expansion of an existing project, what new housing will be available as a result of this initiative? How will the housing be accessible to persons with disabilities in accordance with applicable laws? h. Where will the housing be located? To what extent will the project integrate both the grantees and clients into the community being served? i. Has the applicant set goals to reduce operating costs through energy efficiency when selecting housing providers, treatment centers, and other community facilities? How will the applicant work with partner treatment centers, and housing providers to undertake program activities and capital maintenance planning, to replace worn products or facilities such as light bulbs, water heaters, furnaces, etc., with Energy Star products to reduce operating costs? j. If the applicant selected the permanent housing for persons with disabilities component where more than 16 persons will reside in a structure, what local market conditions necessitate the development of a project of this size and how the housing will be integrated into the neighborhood? k. If the applicant selected the innovative supportive housing component projects, explain how the [[Page 14141]] project represents an approach that is new to the area, is a sensible model for others, and can be replicated in other communities. l. What basic COMMUNITY AMENITIES (e.g., medical facilities, grocery store, recreation facilities, schools, etc.) will be readily ACCESSIBLE (e.g., walking distance, bus, etc.) to the clients? m. What supportive services (not funded through this grant) will the participants receive? Applicants must demonstrate how the comprehensive substance abuse treatment services will be made available for the clients through other public or private sources. Demonstrate for each of the following: (1) How the TYPE (e.g., case management, job training) and SCALE (e.g., the frequency and duration) of the supportive services proposed will fit the needs of the participants. (2) WHERE the supportive services will be provided and what TRANSPORTATION will be available to participants to access those services. (3) The details of the plan to ensure that all homeless clients will be individually assisted to identify, apply for and obtain benefits under which of the following mainstream health and social services programs for which they are eligible: SSI, TANF, Medicaid, Food Stamps, SCHIP, Workforce Investment Act and Veterans Health Care programs. n. How will participants be assisted both to increase their incomes and to maximize their ability to live independently and achieve self- sufficiency? Please describe how services and treatment will be linked to housing so that the target population will be able to achieve his or her own degree of self sufficiency or quality of life. o. How is the proposed program a cost-effective approach to meeting the needs of the target population? In the attached budget, please indicate the housing, housing search assistance and administration (funded through this initiative) and services (not funded through this initiative), with the appropriate partner match. p. How is the proposed program innovative, as defined by the applicant? How is the program different from any other program in the community and is the program replicable? q. How will the project be sustained once the term of the grant has expired? 4. Leveraging Resources (Points 20). Up to 20 points will be awarded based on the applicants' answers to the following (two pages total): a. What resources are the applicant and its partners bringing to the collaboration to achieve the goals and objectives? b. Please describe the expectations regarding federal grant support and maximization of other (non-grant) revenue relative to the proposed plan, including a description of leveraging resources. c. What is the total grant dollars per client/unit and total cost per client/unit? 5. Achieving Results and Program Evaluation (Points 10). Applicants are required to complete HUD-96010, Program Outcome Logic Model. Up to 10 points will be awarded to the extent that the applicant provides the following: (one page total): a. Goals, output and outcome measures that are clearly specified and measurable; b. Contact information for the lead entity responsible for each measure; c. Reasonable benchmarks to achieve the tasks with an accompanying timeline; d. Reasonable plan for measurement and timely adjustment if the applicant is not meeting the specific outcomes within the established timeframes; e. The extent to which performance feedback and continuous improvement are integral to the design of the proposed project; f. A plan for evaluating the effectiveness of the program. B. Reviews and Selection Process Personnel of the Department of Housing and Urban Development will review Grant applications internally. The Assistant Secretary for Community Planning and Development will select the applications for award. 1. Ranking: The score for all ranking factors will be summed to obtain a total score for each project submitted under this NOFA. 2. Selection and Adjustments to Funding: a. Selection. Projects will be awarded based on national ranking as described above and according to the provisions for diversity described below. The awarding of funds may be conditional upon receipt of further information, as requested. When insufficient funds remain to fund all projects requesting funding that receive the same total score, ties will be broken among such projects by comparing scores received by the projects for each of the following scoring factors, in the order shown: Soundness of Collaborative Approach, Capacity, and Leveraging Resources. Please see section IV.A of the General Section for more information about award administration. b. Adjustments to Funding. In order to ensure maximum geographic diversity in the awards, no individual project applicant and no one unit of general local government will be awarded more than 10 percent of the total amount of available resources under this NOFA. HUD reserves the right to make selections out of rank order to provide for geographic distribution of funds. VI. Award Administration Information A. Award Notices 1. Selected Applicants. Selected applicants will be notified in writing. As necessary, selected applicants will subsequently be requested to submit additional project information, which may include documentation to show the project is financially feasible; documentation of firm commitments for cash match; documentation showing site control; information necessary for the performance of an environmental review, where applicable; and such other documentation as specified in writing to the applicant that confirms or clarifies information provided in the application. Selected applicants will be notified of the deadline for submission of additional information. If a selected applicant is unable to meet any conditions for fund award within the specified timeframe, those funds may be withdrawn and instead used to select the next highest ranked application(s) from the competition for which there are sufficient funds available. 2. Corrections to Deficient Applications. See the General Section. B. Administrative and National Policy Requirements Additional Non-discrimination and Other Requirements. You, the applicant, and your subrecipients must comply with: a. Civil Rights Laws, including the Americans with Disabilities Act of 1990 (42 U.S.C. 1201 et seq.), the Age Discrimination Act of 1974 (42 U.S.C. 6101 et seq.) and Title IX of the Education Amendments Act of 1972 (20 U.S.C. 1681 et seq.). b. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Certain programs to be issued during FY2005 require recipients of assistance to comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic Opportunities for Low- and Very Low-Income Persons in Connection with Assisted Projects) and the HUD regulations at 24 CFR part 135, including the reporting requirements at subpart E. Section 3 requires recipients to ensure that, to the greatest extent [[Page 14142]] feasible, training, employment, and other economic opportunities will be directed to low- and very-low income persons, particularly those who are recipients of government assistance for housing, and business concerns that provide economic opportunities to low- and very low- income persons. c. Ensuring the Participation of Small Businesses, Small Disadvantaged Businesses, and Women-Owned Businesses. See the General Section. d. Executive Order 13166, ``Improving Access to Services for Persons With Limited English Proficiency (LEP).'' Executive Order 13166 seeks to improve access to federally assisted services, programs and benefits for individuals with limited English proficiency. Applicants obtaining an award from HUD must seek to provide access to program benefits and information to LEP individuals through translation and interpretive services in accordance with LEP Guidance published on December 19, 2003 (68 FR 70968). For assistance and information regarding your LEP obligation, go to http://www.LEP.gov. e. Executive Order 13279, ``Equal Protection of the Laws for Faith- Based and Community Organizations.'' See the General Section. f. Accessible Technology. See the General Section. g. Procurement of Recovered Materials. See the General Section. h. Participation in HUD-Sponsored Program Evaluation. See the General Section. i. Salary Limitation for Consultants. See the General Section. j. OMB Circulars and Government-wide Regulations Applicable to Financial Assistance Programs. See the General Section. k. Conflicts of Interest. See the General Section. l. Relocation. The SHP program is subject to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA). If activities under this grant result in displacement or relocation, grantees must comply with URA. See General Section. m. Public Access, Documentation, and Disclosure. See the General Section of the SuperNOFA for more information on this topic. C. Reporting See the General Section for more information. The applicant shall submit semiannual reports and a final report to HUD. For each reporting period, as part of your required report to HUD, you must include a completed Logic Model (Form 96010). HUD will use this information to determine progress of the grantees toward meeting their goals. Grantee performance will be measured by the number of persons who are serial inebriates that moved off the streets and were placed into permanent housing. It is expected that local evaluations will include measuring progress toward accomplishing the tasks described in the grant application and providing for collection of quantitative and qualitative data that permits measurement of progress toward achieving the outputs and outcomes envisioned by the goals and objectives contained in the application. Grantees must collect outcome information on clients served to be compared against benchmarks throughout the term of the grant. VII. Agency Contact You may contact Marianne Nazzaro, Office of Special Needs, Department of Housing and Urban Development, Room 7208, 451 Seventh Street, SW., Washington, DC 20410-7000; telephone (202) 708-1590, extension 2076 (this is not a toll-free number); e-mail [email protected]. This number can be accessed via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339. VIII. Other Information Paperwork Reduction Act Statement. The information collection requirements in this NOFA have been submitted to OMB for approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and approval is pending. Under the Paperwork Reduction Act, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number. [[Page 14143]] [GRAPHIC] [TIFF OMITTED] TN21MR05.242 [[Page 14144]] [GRAPHIC] [TIFF OMITTED] TN21MR05.243 [[Page 14145]] [GRAPHIC] [TIFF OMITTED] TN21MR05.244 [[Page 14146]] [GRAPHIC] [TIFF OMITTED] TN21MR05.245 [[Page 14147]] [GRAPHIC] [TIFF OMITTED] TN21MR05.246 [[Page 14148]] [GRAPHIC] [TIFF OMITTED] TN21MR05.247 [[Page 14149]] BILLING CODE 4210-32-C Assisted Living Conversion Program (ALCP) for Eligible Multifamily Housing Projects Overview Information Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Housing Assistance and Grant Administration. B. Funding Opportunity Title: The Assisted Living Conversion Program for Eligible Multifamily Projects. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The OMB Approval Number is: 2502- 0542. The Federal Register number for this NOFA is: FR-4950-N-06. E. Catalog of Federal Domestic Assistance (CFDA) Number: The Assisted Living Conversion Program for Eligible Multifamily Housing Projects is 14.314. F. Dates: Application Deadline Date: The application must be submitted to HUD on June 22, 2005. G. Optional, Additional Overview Content Information: The purpose of this program is to provide grants for the conversion of some or all of the dwelling units in an eligible project into assisted living facilities (ALFs) for frail elderly persons. Private nonprofit owners of eligible developments interested in applying for funding under this grant program should carefully review the General Section and the detailed information listed in this program NOFA. Funding will only be provided for those items related to the conversion. There is no separate Application Kit for this NOFA. The ALCP will fund those applications that may impact Federal problem solving and policymaking and that are relevant to HUD's policy priorities and annual goals and objectives. (Refer to the General Section for discussion of these priorities and annual goals and objectives). Full Text of Announcement I. Funding Opportunity Description Program Description. Assisted living facilities (ALFs) are designed to accommodate frail elderly persons and people with disabilities who need certain support services (e.g., assistance with eating, bathing, grooming, dressing, and home management activities). ALFs must provide support services such as personal care, transportation, meals, housekeeping, and laundry. Frail elderly person means an individual 62 years of age or older who is unable to perform at least three activities of daily living (ADLs) as defined by the regulations for HUD's Section 202 Program (Supportive Housing for the Elderly) at 24 CFR 891.205. Assisted living is defined in section 232(b)(6) of the National Housing Act (12 U.S.C. 1715w). The ALCP provides funding for the physical costs of converting some or all of the units of an eligible multifamily development into an ALF, including unit configuration and related common and services space and any necessary remodeling, consistent with HUD or the state's statute/ regulations (whichever is more stringent). Typical funding will cover basic physical conversion of existing project units, as well as related common and services space. There must be sufficient community space to accommodate a central kitchen or dining facility, lounges, recreation, and other multiple-areas available to all residents of the project, or office/staff spaces in the ALF. When food is prepared at an off-site location, the preparation area of the facility must be of sufficient size to allow for the installation of a full kitchen, if necessary. You must provide supportive services for the residents either directly or through a third party. Your application must include a firm commitment for the supportive services to be offered within the ALF as part of the application. You may charge assisted living residents for meals and/or service fees. Residents may contract with third party agencies directly for nursing, therapy, or other services not offered by the ALF. The Assisted Living Conversion Program is authorized by Section 202(b) of the Housing Act of 1959 (12 U.S.C. 1701q-2) and the Consolidated Appropriations Act, 2005 (Public Law 108-447, approved December 8, 2004. The FY2005 Appropriations Act provides $24,800,000 which reflects a .008 percent across-the-board rescission pursuant to Public Law 108-447) for grants under Section 202b of the Housing Act of 1959 for the conversion of eligible projects to assisted living or related use and for emergency capital repairs. The Department has set- aside $25 million for emergency capital repairs. The eligibility requirements for obtaining funding for emergency capital repairs are described in a separate HUD Notice. Any unused funds from the emergency capital repairs set-aside will be returned to the funds allocated for eligible multifamily assisted projects. II. Award Information A. Available Funds This NOFA makes available approximately $35 million including carryover funds. Approximately $5,000,000 will be provided for the conversion of one unused or underutilized commercial property to an Assisted Living Facility. The remaining $30,000,000 will be fair shared and used for the physical conversion of eligible multifamily assisted housing projects or portions of projects to ALFs. The allocation formula used to fair share the $30,000,000 for the ALCP reflects demographic characteristics of age and incidence of frailty that would be expected for program participants. The FY2005 formula consists of one data element from the 2000 decennial census: The number of non-institutional elderly population aged 75 years or older with a disability. A fair share factor for each state was developed by taking the sum of the persons aged 75 or older with a disability within each state as a percentage of the sum of the same number of persons for the total United States. The resulting percentage for each state was then adjusted to reflect the relative difference in the cost of providing housing among the states. The total of the grant funds available was multiplied by the adjusted fair share percentage for each state, and the resulting funds for each state were totaled for each Hub. The ALCP grant funds fair share allocations, based on the formula above, to the 18 multifamily Hubs are as shown on the following chart: B. FY2005 Allocation FY 2005 Allocation for the Assisted Living Conversion Program (ALCP) of Eligible Assisted Multifamily Projects ------------------------------------------------------------------------ Hub Grant authority ------------------------------------------------------------------------ Boston............................................... $1,588,725.95 Buffalo.............................................. 746,836.56 New York............................................. 1,606,125.87 Philadelphia......................................... 3,065,533.23 Baltimore............................................ 1,198,041.27 Greensboro........................................... 1,241,678.78 Atlanta.............................................. 2,360,579.84 Jacksonville......................................... 3,173,145.72 Chicago.............................................. 2,017,999.24 Columbus............................................. 1,301,531.19 Detroit.............................................. 1,036,426.41 Minneapolis.......................................... 985,420.01 Fort Worth........................................... 2,756,098.28 Kansas City.......................................... 1,996,643.65 Denver............................................... 647,769.64 Los Angeles.......................................... 1,649,145.84 San Francisco........................................ 1,720,039.06 [[Page 14150]] Seattle.............................................. 908,259.47 ------------------ Total............................................ $30,000,000.00 ------------------------------------------------------------------------ The ALCP Grant Agreement, when fully executed, obligates and contracts the HUD funds. This Agreement establishes the legal relationship between HUD and the ALCP award recipient. The period of performance will be based on the scope of work but shall not exceed 18 months. III. Eligibility Information A. Eligible Applicants Only private nonprofit owners of eligible multifamily assisted housing developments specified in section 683(2) (B), (C), (D), (E), (F), and (G) of the Housing and Community Development Act of 1992 (Pub. L.102-550, approved October 28, 1992) and private nonprofit owners of an unused or underutilized commercial property may apply for and become the recipient of an ALCP grant. Note: If your eligibility status changes during the course of the grant term, making you ineligible to receive the grant (e.g., prepayment of mortgage, sale/TPA of property, opting out of a Section 8 Housing Assistance Payment (HAP) contract, or the transfer of the grant to a single asset entity), HUD retains the right to terminate the grant and recover funds made available through this NOFA. 1. Ineligible Applicants. Ineligible applicants are: a. Owners of developments designed specifically for people with disabilities. b. Owners of Section 232 developments. c. Property management companies and agents of property management companies. d. Limited dividend partnerships. e. Nonprofit Public Agencies. f. Owners of unused/underutilized hospitals or other health-related facility which are considered to be eleemosynary institutions rather than commercial enterprises. 2. Eligible Developments. Eligible projects must be owned by a private, nonprofit entity and designated primarily for occupancy by elderly persons. Projects must have been in occupancy for at least five years from the date the form HUD-92485, Permission to Occupy Project Mortgage, was approved by HUD's Construction Manager as Chief Architect, and have completed final closing. Additionally, eligible projects must meet one of the following criteria: a. Section 202 direct loan projects with or without Section 8 rental assistance, b. Section 202 capital advance projects receiving rental assistance under their Project Rental Assistance Contract (PRAC), c. Section 515 rural housing projects receiving Section 8 rental assistance, d. Other projects receiving Section 8 project-based rental assistance, e. Projects subsidized with Section 221(d)(3) below-market interest mortgage, f. Projects assisted under Section 236 of the National Housing Act. g. Unused and underutilized commercial properties owned by a private nonprofit. B. Cost Sharing or Matching No matching required. C. Other 1. Eligible conversion activities are: a. Retrofitting to meet Section 504 accessibility requirements, minimum property standards for accessibility and/or building codes and health and safety standards for ALFs in that jurisdiction. Examples are items such as addition of: (1) Sprinkler systems; (2) An elevator or upgrades thereto; (3) Lighting upgrades; (4) Major physical or mechanical systems of projects necessary to meet local code or assisted living requirements; (5) Upgrading to accessible units for the ALF with moveable cabinetry, accessible appliances, sinks, bathroom and kitchen fixtures, closets, hardware and grab bars, widening of doors, etc.; (6) Upgrades to safety and emergency alert systems; (7) Addition of hallway railings; and (8) Medication storage and workstations; b. Retrofitting to add, modify and/or outfit common space, office or related space for ALF staff including a service coordinator and file security, and/or a central kitchen/dining facility to support the ALF function (e.g., outfit lounge/common space/dining furniture, kitchen equipment for cooking/serving and dishware). c. Retrofitting to upgrade a regular unit to an accessible unit for a person/family with disabilities who is being displaced from an accessible unit in the portion of the project that is being converted to the ALF, where another accessible unit is not available. d. Temporary relocation (not applicable to commercial property). e. Consultant, architectural, and legal fees. f. Vacancy payments not more than 30 days after conversion to an ALF. g. Any excess Residual Receipts (over $500/unit) and Reserve for Replacement funds (over $1000/unit) in Project Accounts that are not approved for another use at the time of application to HUD under this NOFA are considered available funds and must be applied toward the cost of conversion activities. Before making this determination, however, HUD staff will consider the extent of repair/replacement needs indicated in the most recent Real Estate Assessment Center (REAC) physical inspection and not yet approved and any ongoing commitments such as non-grant-based service coordinator or other funding, where existing, deduct the estimated costs of such items from the reserve for replacement and residual receipts balances to determine the extent of available residual receipts and reserve for replacement funds for the ALCP. (This paragraph is not applicable to commercial properties.) 2. Threshold Requirements. In addition to the threshold criteria outlined in the General Section, applicants must meet the following requirements to receive funding for this program. a. Be an eligible applicant. HUD will only award funding to eligible applicants. b. You cannot request more funds than allocated for your jurisdiction. (See the allocation chart above in Section II.B.) c. You must provide commitment and funding support letters from the appropriate funding organizations and the appropriate licensing agency(ies). HUD will reject your application if the commitment and support letter(s) from the appropriate funding organizations and the appropriate licensing agency(ies): (1) Are not submitted by the application submission date as part of your application for financial assistance; (2) Indicate that the ALF units, facilities, meals and supportive services to be provided are not designed to meet the special needs of the residents who will reside in the ALF as defined in this NOFA. (3) Do not show commitment for funding the meals and supportive services proposed; or (4) Indicate that the project as proposed will not meet the licensing requirements of the appropriate state/local agency(ies). [[Page 14151]] d. You must comply with all applicable statutory requirements to the project specified in Section 202(b) and statutory requirements under Section 232(b)(6). e. Minimum Size Limits for an ALF. An ALF must be economically feasible. Consistent with HUD Handbook 4600.1, CHG-1, the minimum size for an ALF is five units. f. You must submit an original and four copies of your completed ALCP application, if you requested and received a waiver of the electronic submission requirement. 3. Program Requirements. a. Have a residual receipts account separate from the Reserve for Replacement account, or agree to establish this account as a condition for getting an award(s). b. You must be in compliance with your Loan Agreement, Capital Advance Agreement, Regulatory Agreement, Housing Assistance Payment contract, Project Rental Assistance Contract, Rent Supplement or LMSA contract, or any other HUD grant or contract document. (Not applicable to applicants of unused and underutilized commercial property.) c. You must file a form HUD-2530 for all construction contractors, architects, consultants, and service provider organizations under direct contract with you that will be engaged under this NOFA. d. Your project must meet HUD's Uniform Physical Conditions Standards at 24 CFR part 5, subpart G. Meeting these standards as described, means that the project, based on the most recent REAC physical inspection report and responses thereto, must have a ``satisfactory'' rating as evidenced by a score of 60 or better or a HUD-approved and on schedule repair plan for developments scoring less than 60. Additionally, the project must have no uncorrected and outstanding Exigent Health and Safety violations. Finally, the project must not have on file a management review with a rating of ``minimally satisfactory'' or ``unsatisfactory'' with open and unresolved findings. (Not applicable to applicants of unused or underutilized commercial property) e. You must submit an agreement to pursue appropriate ALF licensing in a timely manner. f. Meals and Supportive Services. You must develop and submit a Supportive Services Plan (SSP) for the services and coordination of the supportive services, which will be offered in the ALF to the appropriate state or local organization(s), which are expected to fund those supportive services. (See below in Section IV.B.8.for information, which must be in the SSP.) You must submit one copy of your SSP to each appropriate state or local service funding organizations well in advance of the application deadline, for appropriate review. The state or local funding organization(s) must return the SSP to you with appropriate comments and an indication of the funding commitment, which you will then include with the application you submit to HUD. g. Licensing Requirements. You must ALSO submit the SSP to the appropriate organization(s), which license ALFs in your jurisdiction. The licensing agency(ies) must approve your plan, and must also certify that the ALF and the proposed supportive services identified in your SSP, are consistent with local statute and regulations and well designed to serve the needs of the frail elderly and people with disabilities who will reside in the ALF portion of your project. h. Your ALF facility must be licensed and regulated by the state (or if there is no state law providing such licensing and regulation, by the municipality or other subdivision in which the facility is located). Each assisted living unit must include its own kitchen, bathroom, bedroom, living/dining area (1 bedroom unit) or kitchen, bathroom, bedroom/living/dining area (efficiency unit) and must meet the state and/or local licensing, building, zoning, and other requirements for an ALF. i. Your ALF must be available to qualified elderly persons and persons with disabilities, consistent with the rules and payment plans of the state, who need and want the supportive services in order to remain independent and avoid premature institutionalization. j. Your ALF's residents must be tenants or residents of the multifamily project and must comply with the requirements applicable to the project. Thus, you cannot charge additional rent over what is charged to residents in the non-ALF portion of the project. All admissions to the ALF must be through the applicable project admissions office. However, persons accepted into the ALF also must sign an ALF admissions agreement, which shall be an addendum to the applicable project lease. (Not applicable to applicants of unused or underutilized commercial property.) k. At a minimum, your ALF must provide room, board, and continuous protective oversight (CPO). CPO involves a range of activities and services that may include such things as awareness by management and staff of the occupant's condition and location as well as an ability to intervene in a crisis for dependent and relatively independent occupants on a 24-hour basis. The two occupant groups in an ALF are: (1) Independent Occupants. Awareness by management and staff of the occupant's condition and whereabouts as well as the availability of assistance for the occupants as needed. (2) Dependent occupants. Supervision of nutrition, assistance with medication and continuous responsibility for the occupants' welfare. l. Anyone moving into an ALF unit must agree to accept as a condition of occupancy the board and services required for the purpose of complying with state and local law and regulation. m. Your ALF must provide three meals per day to each resident. (1) Residents whose apartments have kitchens must take at least the number of meals a day provided by the facility, per their mandatory meals requirement, or as required by state or local rules, if more stringent. If the facility does not have a mandatory meals plan, then state and local rules govern. (2) Residents in projects which were originally constructed without kitchens in their units must take such meals as required by their mandatory meals agreement, or by the state's mandated requirements if more stringent (e.g., two meals, two snacks daily). In either case, ALF management must coordinate meal requirements with the needs of residents who are out part of the day (e.g., in day care). The meal program may not be operated at a profit by the project owner. n. Priority admissions for ALF units are as follows: (Not applicable to applicants of unused or underutilized commercial structures.) (1) Current residents desiring an ALF unit and meeting the program requirements (no resident can be required to accept an ALF unit). (2) Qualified individuals or families needing ALF services who are already on the project's waiting list; (3) Qualified individuals or families in the community needing ALF services wanting to be added to the project's waiting list. (4) Qualified disabled non-elderly persons needing assisted living services are eligible to occupy these units on the same basis as elderly persons, except for section 202 project rental assistance contracts (PRAC) projects and unused/underutilized commercial properties. o. The management of the project must set up a separate waiting list for ALF units. ALF units must be for [[Page 14152]] eligible residents who meet the admissions/discharge requirements as established for assisted living by state and local licensing, or HUD frailty requirements under 24 CFR 891.205 if more stringent. p. Upon receipt of a grant under this program, all project owners participating in the ALCP must provide a Declaration of Restrictive Covenants (DRC), which will be recorded with the land, to retain the low income character of the housing, and to maintain the project (including the ALF), as a moderate-, low-, or very low-income facility (as appropriate) for at least 20 years beyond the current 40-to 50-year term of the mortgage loan or capital advance. Recipients of grant funds to convert unused or underutilized commercial property must provide a DRC for at least 20 years or for the term of the mortgage on the property whichever is longer. q. The ALCP requires service coordination for linking the ALF to available services in the community for low-income persons. All projects funded under this NOFA must have sufficient service coordination in place, or request additional funds, if appropriate, to ensure that services meeting licensing requirements are available to ALF residents on an ongoing basis. Service coordination must be described in the application (see Section IV.B.8.b. and c. of this NOFA). If you need to enhance an existing service coordination program or add one where it does not exist, you may apply for funding through the Service Coordinator NOFA, published elsewhere in the SuperNOFA, and attach a copy of the form SF-424 indicating the request to the ALCP application. Alternatively, you may show evidence that funding for the enhanced service coordination is provided by other sources and indicate such funding on the form SF-424 which is exhibit 10(a) of your ALF application. If you are funded under this NOFA and requested new or enhanced service coordination you will be funded first under the service coordinator NOFA. (1) The ALF must be staffed either directly or through coordination with local agencies, depending on state regulations or local requirements. These may also serve non-ALF residents of the project on a time available and appropriate fee basis. (2) If you are a Section 202 PRAC project owner or an owner with unused or underutilized commercial properties, you are NOT eligible to request funding under the service coordinator NOFA. Section 202 PRAC owners can pay for the service coordinator out of PRAC funds. (3) The ALF may cater to the special needs of residents depending on their condition or diagnosis, such as Alzheimer's disease. If it does so, the design/environment of such facilities must accommodate those needs, e.g., dementia special care unit. However, the ALF cannot provide a service it is not licensed by the state or locality to provide. (4) Owners of Section 202/PRAC projects are reminded that they may include a PRAC payment of up to $15/unit/month not to exceed 15 percent of the total program cost, consistent with 24 CFR 891.225(b)(2) to cover part of the cost of meals and/or supportive services for frail elderly residents, including residents of the ALF. (5) Training for ALF staff is an eligible project cost under existing operating procedures. For further information on ALFs, please refer to Handbook 4600.1, CHG-1, ``Mortgage Insurance for Residential Care Facilities,'' Chapter 13. This Handbook and recent ALF program Notices are accessible through HUDCLIPS on HUD's Web site. The URL for the HUDCLIPS Database Selection Screen is http://www.hudclips.org/cgi/index.cgi. These notices are in the Handbooks and Notices--Housing Notices database. Enter only the number without the letter prefix (e.g., 99-16) in the ``Document number'' to retrieve the program notice. For further guidance on service coordinators, please refer to Handbook 4381.5 REV-2, CHANGE-2, Chapter 8, ``The Management Agent's Handbook,'' which is also available through the HUDCLIPS database. r. Your ALF's operation must be part of the project owner's management organization. Some or all of its functions may be contracted out. The ALF must predicate its budget on a two-tiered structure under which board and supportive service income and expenses must be maintained separately and independently from the regular income and expenses of the applicable project. The two components of ALF costs are: (1) Charges/payment for board, which may be on a sliding scale or any other equitable fee system; and (2) Charges/payment for necessary supportive services, which may include a combination of resident fees, Medicaid and/or other third party payments. s. Prohibition Against Lobbying Activities. The Byrd Amendment prohibits ALCP recipients of Federal contracts, grants, or loans from using appropriated funds for lobbying activities. (Refer to Section III.C. of the General Section for further instructions regarding this requirement.) 4. Additional Non-discrimination and Other Requirements. Comply with the requirements of the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act, the Age Discrimination Act of 1975, Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the implementing regulations at 24 CFR part 135, the affirmative fair housing marketing requirements of 24 CFR part 200, subpart M, and the implementing regulations at 24 CFR part 108, which requires that the project be marketed to those least likely to apply, including those who are not generally served by the agency administering the program, and other applicable federal, state, and local laws prohibiting discrimination and promoting equal opportunity, including affirmatively furthering fair housing, and other certifications listed in the application. (Refer to Section III.C.4.of the General Section for additional requirements and information.) a. Comply with section 232 of the National Housing Act, as applicable; the Uniform Federal Accessibility Standards (24 CFR 40.7); section 504 of the Rehabilitation Act of 1973 and HUD's implementing regulations at 24 CFR part 8; and the Americans with Disabilities Act of 1990 for all portions of the development physically affected by this proposal. b. Comply with the Davis-Bacon requirements and the Contract Work Hours and Safety Standards Act as applied to this program. While it has been determined that Davis-Bacon does not apply statutorily to the ALCP, the Department has administratively determined that Davis-Bacon standards and overtime rates in accordance with the Contract Work Hours and Safety Standards Act will be adhered to in any ALCP conversion grant in which the total cost of the physical conversion to an ALF (and including any additional renovation work undertaken at the same time) is $500,000 or more (this includes ALCP grant funds, owner funds, or any third party funds loaned or granted in support of the conversion or other renovation for the project associated with this grant), AND in which the ALF portion of the project is 12 units or more. c. Ensuring the Participation of Small Business, Small Disadvantaged Businesses, and Woman-Owned Businesses. HUD is committed to ensuring that small businesses, small disadvantage businesses, and woman-owned businesses participate fully in HUD's direct contracting and in [[Page 14153]] contracting opportunities generated by HUD's financial assistance. (Refer to the General Section for further instructions regarding this requirement.) d. Executive Order 13166, Improving Access to Persons with Limited English Proficiency (LEP). ALCP applicants must seek to improve access to persons with limited English proficiency by providing materials and information in languages other than English. e. Executive Order 13279, Equal Protection of the Laws for Faith- Based and Community Organizations. HUD has undertaken a review of all policies and regulations that have implications for faith-based and community organizations, and has established a policy priority to provide full and equal access to grassroots faith-based and other community-based organizations. (Refer to Section III.C. of the General Section for specific instructions regarding this requirement.) f. Accessible Technology. The Rehabilitation Act Amendments of 1998 apply to all electronic information technology (EIT) used by an ALCP recipient for transmitting, receiving, using, or storing information to carry out the responsibilities of the ALCP awards. (Refer to Section III.C. of the General Section for specific instructions regarding this requirement.) g. Participation in HUD-Sponsored Program Evaluation. As a condition of the receipt of ALCP funds, successful applicants are required to cooperate with all HUD staff or contractors performing HUD- funded research and evaluation studies. h. Comply with Executive Order 13202, Preservation of Open Competition and Government Neutrality toward Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects. (Refer to the General Section for additional information on this requirement). i. OMB Circulars and Government-wide Regulations Applicable to Financial Assistance. ALCP applicants are subject to the Administrative Requirements of OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations; OMB Circular A-122, Cost Principles for Non-Profit Institutions; the administrative requirements of 24 CFR part 84; and the procurement requirements of 24 CFR 84.44. (Refer to the General Section for additional information on this requirement). j. Environmental Requirements. Your ALCP application is subject to the National Environmental Policy Act of 1969 and applicable related federal environmental authorities. (See 24 CFR part 50, as applicable.) An environmental review will be completed by HUD before awarding any grant under this program. ALCP projects are 'critical actions' for purposes of 24 CFR part 55 and must comply with requirements applicable to 'critical actions.' Including floodplain management review requirements, if proposed to be carried out in the 500-year floodplain. k. Make applications and other materials available in languages other than English that are common in the community, if speakers of these languages are found in significant numbers and come into frequent contact with the program. For further guidance on serving persons with Limited English Proficiency (LEP) in HUD assisted programs, see the recently published HUD LEP guidance, 'Notice of Guidance to Federal Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,'' 68 FR 70968 (December 19, 2003) or Section III of the General Section. IV. Application and Submission Information A. Addresses to Request Application Package All information for requesting an application is included in this NOFA and Section IV. A. of the General Section. The application for the ALCP is available on the Internet from the grants.gov Web site at http://www.grants.gov/FIND. If you have difficulty accessing the information, you can receive customer support from Grants.gov by calling the help line at (800) 518-Grants or by sending an e mail to [email protected]. If you do not have access, you may obtain an ALCP application by calling the NOFA Information Center at (voice) 800-HUD- 8929 (800-483-8929). Persons with a hearing or speech impairment may call the Center's TTY number at 800-HUD-2209. Please be sure to provide your name, address (including zip code), and telephone number (including area code). 1. Application Kits. There is no application kit for the ALCP. All the information you need to apply for this program is available in this NOFA and available on http://www.grants.gov/Apply. (Refer to Section IV. A. of the General Section for further information.) 2. For Technical Assistance. Before the ALCP application due date, HUD staff will be available to provide you with general guidance and technical assistance. However, HUD staff is not permitted to assist in preparing your application. For technical support for downloading the ALCP application or submitting the application, call the toll free Grants.gov Customer Support line at 1-800-518-Grants or send an email message to [email protected]. B. Content and Form of Application Submission There are ten required exhibits under the ALCP, including prescribed forms and certifications. In cases where your articles of incorporation and by-laws have NOT changed since the project was originally approved by HUD, your signature on the SF-424 signifies that you are self-certifying to that effect--that the documents on file with HUD are current--is sufficient. Exhibits for which self-certification of currency is possible are denoted below by double asterisks (**.) In addition to the relief of paperwork burden, you will not have to submit certain new/recent information and exhibits you have previously prepared. See individual item descriptions, below to identify such items. An example of such an item may be the FY2003 Annual Financial Statement. Your application must include all of the information, materials, forms, and exhibits listed below (Please see the General Section for instructions on how to submit third party and other documents such as Articles of Incorporation; by-laws; copies of original plans; evidence of financial commitment; letter(s) from zoning officials; etc. ): 1. Application Summary for the Assisted Living Conversion Program, Form HUD-92045, and evidence that you are a private nonprofit organization or nonprofit consumer cooperative and have the legal ability to operate an ALF program, per the following: a. Articles of Incorporation, constitution, or other organizational documents, or self-certification of these documents if there has been no change in the Articles since they were originally filed with HUD** and b. By-laws, or self-certification of by-laws, if there has been no change in the by-laws since they were originally filed with HUD** 2. A description of your community support: a. A description of your links to the community at large and to the minority and elderly communities in particular; and b. A description of your efforts to involve elderly persons, including minority elderly persons and persons with disabilities in: (1) The development of the application; [[Page 14154]] (2) The development of the ALF operating philosophy; (3) Review of the application prior to submission to HUD; and (4) Your intent whether or not to involve eligible ALF residents in the operation of the project. c. A description of your involvement in your community's Consolidated Planning and Analysis of Impediments to Fair Housing (AI) processes including: (1) An identification of the lead/facilitating agency(ies) that organizes and/or administers the process; (2) A listing of the Consolidated Plan/AI issue areas in which you participate; and (3) The level of your participation in the process, including active involvement with any neighborhood-based organizations, associations, or any committees that support programs and activities that enhance projects or the lives of residents of the projects, such as the one proposed in your application. If you are not currently active, describe the specific steps you will take to become active in the Consolidated Planning and AI processes. (Consult the local HUD office for the identification of the Consolidated Plan community process for the appropriate area.) d. A description of how the assisted living facility will implement practical solutions that will result in assisting residents in achieving independent living and improved living environment. The description should include a discussion of performance goals with performance indicators (refer to Section V.B. of the General Section for further detail). e. A description of how you have supported state and local efforts to streamline processes and procedures in the removal of regulatory barriers to affordable housing. To obtain up to 2 points for this policy priority you must complete the Form HUD-27300, Questionnaire for HUD's Initiative on Removal of Regulatory Barriers and provide the required documentation. See Rating Factor 3 in Section V.A.3 of this NOFA for more details 3. Evidence of your project being occupied for at least five years prior to the date of application to HUD. (Not applicable to applicants of unused or underutilized commercial property.) 4. A market analysis of the need for the proposed ALF units, including information from both the project and the housing market, containing: a. Evidence of need for the ALF by current project residents: (Not applicable to applicants of unused or underutilized commercial property.) (1) A description of the demographic characteristics of the elderly residents currently living in the project, including the current number of residents, distribution of residents by age, race, and sex, an estimate of the number of residents with frailties/limitations in activities of daily living, and an estimate of the number of residents in need of assisted living services. (Not applicable to applicants of unused or underutilized commercial property.) (2) A description of the services currently available to the residents and/or provided on or off-site and what services are lacking; (Not applicable to applicants of unused or underutilized commercial property.) b. Evidence of the need for ALF units by very low-income elderly and disabled households in the market area; a description of the trend in elderly and disabled population and household change; data on the demographic characteristics of the very low-income elderly in need of assisted living services (age, race, sex, household size, and tenure) and extent of residents with frailty/limitations in existing federally assisted housing for the elderly (HUD and Rural Housing Service); and an estimate of the very low-income elderly and disabled in need of assisted living taking into consideration any available state or local data. c. A description of the extent, types, and availability and cost of alternate care and services locally, such as home health care; adult day care; housekeeping services; meals programs; visiting nurses; on- call transportation services; health care; and providers of supportive services who address the needs of the local low income population. d. A description of how information in the community's Analysis of Impediments to Fair Housing Choice was used in documenting the need for the ALF (covering items in c. above. 5. A description of the physical construction aspects of the ALF conversion, including the following: a. How you propose to carry out the physical conversion (including a timetable and relocation planning). Completion of Exhibit 10(i.) Logic Model will assist in completing your response to this Exhibit. b. A short narrative stating the number of units, special design features, community and office space/storage, dining and kitchen facility and staff space, and the physical relationship to the rest of the project. Also, you must describe how this design will facilitate the delivery of services in an economical fashion in the most integrated setting appropriate to the needs of the participating residents with disabilities and accommodate the changing needs of the residents over at least the next 10 years. c. A description on how the project will promote energy efficiency, including any plans to incorporate energy efficiency features in the design and operation of the ALF through the use of Energy Star labeled products and appliances. Applicants that meet this policy priority will receive two points under Rating Factor 3 in Section V.A.3 of this NOFA. Refer to the General Section for further information on this requirement or for further information about Energy Star see http://www.energystar.gov. d. A copy of the original plans for all units and other areas of the development, which will be included in the conversion. (If you are applying to convert an unused or underutilized commercial facility to assisted living, provide a copy of the original plans of the facility as well as a copy of the plans of the facility as most recently operated, if different). e. A description of the conversion must clearly address how the units will conform to the accessibility requirements described in the Uniform Federal Accessibility Standards (UFAS). (For example, all door openings must have a minimum clear opening of 32 inches; and, all bathrooms and kitchens must be accessible to and functional for persons in wheelchairs.) f. Architectural sketches of the conversion to a scale of \1/4\ inch to one foot that indicate the following: (1) All doors being widened; (2) Typical kitchen and bathroom reconfiguration: show all wheelchair clearances, wall reinforcing, grab bars, and elevations of counters and work surfaces; (3) Bedroom/living/dining area modification, if needed; (4) Any reconfigured common space; (5) Added/reconfigured office and storage space; (6) Monitoring stations, and (7) The kitchen and dining facility. All architectural modifications must meet section 504 and ADA requirements as appropriate. g. A budget showing estimated costs for materials, supplies, fixtures, and labor for each of the items listed in Section IV.B.5.f, items (1) through (7), above. h. Include firm financial commitment letters with specific dollar amounts from appropriate organization(s) for conversion needs (within the scope of the ALF conversion NOFA) which will be supported by non- HUD funding. [[Page 14155]] i. A description of any relocation of current tenants including a statement that: (Not applicable to applicants of unused or underutilized commercial property.) (1) Indicates the estimated cost of temporary relocation payments and other related services; (2) Identifies the staff organization that will carry out the relocation activities; and (3) Identifies all tenants that will have to be temporarily moved to another unit within the development OR from the development during the period that the physical conversion of the project is under way. Note: If any of the relocation costs will be funded from sources other than the alcp grant, you must provide evidence of a firm financial commitment of these funds. When evaluating applications, HUD will consider the total cost of proposals (i.e., cost of conversion, temporary relocation, service coordinator, and other project costs). 6. A description of any retrofit or renovation that will be done at the project (with third party funds) that is separate and distinct from the ALF conversion. With such description, include as part of your application submission firm commitment letters from third party organizations in specific dollar amounts that will cover the cost of any work outside the scope of this NOFA. 7. A letter from the local zoning official indicating evidence of permissive zoning. Also, showing that the modifications to include the ALF into the project as proposed are permissible under applicable zoning ordinances or regulations. 8. A supportive services plan (SSP), a copy of which must be submitted to the appropriate state and/or local agency as instructed in Section III.C.3.f. above in this NOFA. For those applicants needing to contact state Medicaid offices, a list is provided on the Internet at http://www.cms.hhs.gov/medicaid. The SSP must include: a. A description of the supportive services needed for the frail elderly the ALF is expected to serve. This must include at least (1) meals and such other supportive services required locally or by the state, and (2) such optional services or care to be offered on an ``as needed'' basis. Examples of both mandatory and optional services (which will vary from state to state) are: two meals and two snacks or three meals daily; 24-hour protective oversight; personal care; housekeeping services; personal counseling, and transportation. b. A description of how you will provide the supportive services to those who are frail and have disabilities (i.e., on or off-site or combination of on or off-site), including an explanation of how the service coordination role will facilitate the adequate provision of such services to ALF residents, and how the services will meet the identified needs of the residents. Also indicate how you intend to fund the service coordinator role. c. A description of how the operation of your ALF will work. Address: (1) General operating procedures; (2) ALF philosophy and how it will promote the autonomy and independence of the frail elderly and persons with disabilities; (3) what will the service coordination function do and the extent to which this function already exists, or will be augmented or new; (4) ALF staff training plans; and (5) the degree to which and how the ALF will relate to the day-to-day operations of the rest of the project. d. The monthly individual rate for board and supportive services for the ALF listing the total fee and components of the total fee for the items required by state or local licensing, and list the appropriate rate for any optional services you plan to offer to the ALF residents. Provide an estimate of the total annual costs of the required board and supportive services you expect to provide and an estimate of the amount of optional services you expect to provide. e. List who will pay for the board and supportive services and the amount. For example, include such items as: (1) Meals by sponsors--$20. (2) Housekeeping services by the City government--$30. (3) Personal care by State Department of Health--$60. (4) Service paid for by state program--$40. (5) Fees paid by tenants--$83. The amounts and commitments from both tenants and/or providers must equal the estimated amounts necessary to cover the monthly rates for the number of people expected to be served. If you include tenant fees in the proposal, list and show any proposed scaling mechanism. All amounts committed/collected must equal the annualized cost of the monthly rates calculated by the expected percentage of units filled. f. A support/commitment letter from EACH listed proposed funding source per paragraph e. above, for the planned meals and supportive services listed in the application. The letter must cover the total planned annual commitment (and multiyear amount total, if different), length of time for the commitment, and the amounts payable for each service covered by the provider/paying organization. There must be a letter from EACH participating organization listed in paragraph e, above. g. A support letter from EACH governmental agency that provides licensing for ALFs in that jurisdiction. h. A description of your relevant experience in arranging for and/ or delivering supportive services to frail residents. (If you are applying to convert an unused or underutilized commercial facility to assisted living, provide information on your relevant experience in arranging for and/or delivering supportive services to frail elderly persons). The description should include any supportive services facilities owned/operated; your past or current involvement in any project-based programs that demonstrates your management capabilities. The description should include data on the facilities and specific meals and/or supportive services provided on a regular basis, the racial/ethnic composition of the populations served, if available, and information and testimonials from residents or community leaders on the quality of the services. Note: If a funds request for service coordination for the ALF and/or the whole project is included as part of this application, the Form SF-424, indicating the dollars requested must be attached as Exhibit 10(a). Do NOT attach the whole service coordinator application. 9. A description of your project's resources: (Items (9)(a)-(b) are not applicable to applicants of unused or underutilized commercial property.) a. A copy of the most recent project Reserve and Replacement account statement, and a Reserve for Replacement analysis showing plans for its use over the next five years, and any approvals received from the HUD field office to date. b. A copy of the most recent Residual Receipts Account statement. Indicate any approvals for the use of such receipts from the field office for over $500/unit. c. Annual Financial Statement (AFS). If your FY2005 AFS was due to REAC more than 120 days BEFORE the due date for this application, in the interest of reducing work burden, only include the date that it was sent to REAC. If the AFS was due to REAC 120 days or less from the due date of this application, you MUST include a paper copy of your AFS. For commercial properties, submit the most recent financial statement or annual report. [[Page 14156]] 10. Forms and Certifications. The following exhibits, forms, certifications, and assurances are required: a. Form SF-424, Application for Federal Assistance*, and compliance with Executive Order 12372 (a certification that you have submitted a copy of your application, if required, to the state agency (Single Point of Contact) for state review in accordance with Executive Order 12372 (refer to the General Section for instructions in submitting this form). b. SF-424 Supplement, Survey for Ensuring Equal Opportunity for Applicants*. c. Form HUD-424-CB, Grant Applications Detailed Budget*. d. Form HUD-424-CBW, Grant Application Detailed Budget worksheet*. e. Form HUD-2880, Applicant/Recipient Disclosure/Update Report*, including Social Security and Employment Identification numbers. A disclosure of assistance from other government sources received in connection with the project. f. Form HUD-2991, Certification of Consistency with the Consolidated Plan* for the jurisdiction in which the proposed ALF will be located. The certification must be made by the unit of general local government if it is required to have, or has, a complete Plan. Otherwise, the certification may be made by the state, or by the unit of general local government if the project will be located within the jurisdiction of the unit of general local government authorized to use an abbreviated strategy, and if it is willing to prepare such a Plan. All certifications must be made by the public official responsible for submitting the plan to HUD. The certifications must be submitted by the application submission deadline date set forth herein. The Plan regulations are published in 24 CFR part 91. g. Form HUD-2530, Previous Participation Certification. This form will provide HUD with a report of all your previous participation in HUD multifamily projects. This is in addition to the ``Name Check Review'' process. Refer to the General Section for information on this requirement under ``Name Check Review''. h. Standard Form-LLL, Disclosure of Lobbying Activities*. i. Form HUD-96010, Program Outcome Logic Model*. j. Form HUD-27300, Removal of Regulatory Barriers* (and supporting documentation). k. Certification of Consistency with RC/EZ/EC-II Strategic Plan (HUD-2990), if applicable. l. Form HUD-96011, Facsimile Transmittal Cover Page. This form must be used as part of the electronic application to transmit third party documents and other information as described in the General Section as part of your electronic application submittal (if applicable). *Copies of these forms may be found in the General Section. The electronic version of the NOFA contains all forms required for submitting the ALCP application. The form SF-424-B, Assurances and Certifications, is no longer required as a separate submission. Refer to the General Section for further information on this requirement. C. Submission Date and Time 1. Application Submission Date. Beginning this year, and unless you received a waiver to the electronic application submission requirements, your completed ALCP application must be submitted through the http://www.grants.gov/Apply and must be received by Grants.gov no later than 11:59:59 Eastern Time on the application submission date. (Refer to Section IV.F. of the General Section for further instructions on the delivery and receipt of applications. D. Intergovernmental Review 1. Executive Order 12372. ALCP applicants are subject to the Executive Order 12372 process. Standard Form 424, Application for Federal Assistance, includes compliance with Executive Order 12372 (a certification that you have submitted a copy of your application, if required, to the state agency (Single Point of Contact) for state review. (Also, refer to Section IV.D. of the General Section for instructions on the intergovernmental review process.) 2. You must submit a Supportive Services Plan (SSP) for the services and coordination of the supportive services that will be offered in the assisted living facility (ALF) to the appropriate state or local organization(s), which are expected to fund those supportive services. You must submit one copy of your SSP to each appropriate state or local service funding organizations well in advance of the application deadline, for appropriate review. The state or local funding organization(s) must return the SSP to you with appropriate comments and an indication of the funding commitment, which you will then include with the application you submit to HUD. You must ALSO submit the SSP to the appropriate organization(s) that license ALFs in your jurisdiction. The licensing agency(ies) must approve your plan, and must also certify that the ALF and the proposed supportive services identified in your SSP, are consistent with local statute and regulations and well designed to serve the needs of the frail elderly and people with disabilities who will reside in the ALF portion of your project. E. Funding Restrictions 1. Costs of meals and supportive services are NOT covered by this HUD grant. These items must be paid for through other sources (e.g., a mix of resident fees and/or third party providers). Evidence of third party commitment(s) must be included as part of the application. The assisted living supportive services program must promote independence and provide personal care assistance based on individual needs in a home-like environment. In accordance with Section 504 of the Rehabilitation Act of 1973 and HUD's regulations at 24 CFR 8.4(d), the project must deliver services in the most integrated setting appropriate to the needs of qualified individuals with disabilities. 2. This program does NOT allow permanent displacement of any resident living in the project at the time the application was submitted to HUD. (HUD will only provide temporary relocation costs for current tenants if they must vacate their unit while conversion work is underway (normal temporary relocation costs include increases in rent, reconnection of telephones, moving costs, and appropriate out-of-pocket expenses). (Not applicable to applicants of commercial property.) 3. Ineligible Activities. You may not use funds available through this NOFA to: a. Add additional dwelling units to the existing project (not applicable to applicants of commercial property); b. Pay the costs of any of the necessary direct supportive services needed to operate the ALF; c. Purchase or lease additional land; d. Rehabilitate (see definition at 24 CFR 891.105) the project for needs unrelated directly to the conversion of units and common space for assisted living. e. Use the ALCP to reduce the number of accessible units in the project that are not part of the ALF (not applicable to applicants of commercial property); f. Permanently displace any resident out of the project (permanent relocation is prohibited under this program) g. Increase the management fee. h. Cover the cost of activities not directly related to the conversion of the units and common space. (i.e., if an [[Page 14157]] applicant is applying to convert 24 units on 2 floors of a 5-story elderly housing development and the inspection by the Fire Marshal reveals that sprinklers must be installed in the entire building, ALCP funds will be used only to install sprinklers for the 24 units on the 2 floors requested in the application. The cost to install sprinklers in the remaining units must be paid for out of other resources. i. Transfer the ALCP grant to any other entity. If you are awarded an ALCP grant, you are expected to be the recipient of the grant and to carry out the conversion activities. The Department will not approve the transfer of the ALCP grant to any other entity. F. Other Submission Requirements Application Submission and Receipt Procedures. HUD has implemented new procedures that impact application submission procedures. Refer to Section IV.F. of the General Section for specific procedures for the mailing of applications. 1. Electronic Delivery. Beginning in fiscal year 2005, ALCP applicants must submit their applications electronically through http:/ /www.grants.gov/Apply, unless a waiver is granted. a. The http://www.grants.gov/Apply offer a simple, unified application process. There are six ``Get Started'' steps to complete at the http://www.grants.gov Web site. ALCP applicants should read the Get Started steps carefully. Also, the site contains registration checklists to help you through the process. Refer to Section IV. F of the General Section for further details on this requirement. b. DUNS requirement. All ALCP applicants must have a DUN and Bradstreet Universal Data Numbering Systems (DUNS) number. The DUNS number must be included in the data entry field labeled ``organizational DUNS'' on the form SF-424. Instructions for obtaining a DUNS number can be found at either http://www.hud.gov/offices/adm/grants/duns.cfm or http://www.Grants.gov/GetStarted. c. Central Contractor Registry and Credential Provider Registration. In addition to having a DUNS number, ALCP applicants applying electronically through Grants.gov must register with the Federal Central Contractor Registry and with a Credential Provider. Refer to the General Section on how to meet this requirement. d. Electronic signature. ALCP applications submitted through grants.gov constitute submission as an electronically signed application. Refer to the General Section for further details on this requirement. 2. Instructions on how to submit an electronic application to HUD via grants.gov/Apply: Grants.gov has a full set of instructions on how to apply for funds on its Web site at http://www.grants.gov/CompleteApplication. Refer to the General Section on how to meet this requirement. 3. Waiver of Electronic Submission Requirement. HUD will only accept electronic applications submitted through http://www.grants.gov unless the ALCP applicant has received a waiver. Refer to the General Section for further instructions on this requirement. 4. Proof of Timely Submission. ALCP applicants must submit their applications to http://www.grants.gov in time for receipt at Grants.gov by 11:59:59 p.m. eastern time on the application submission date of June 22, 2005. (Refer to the General Section for specific procedures regarding proof of timely submission of applications.) V. Application Review Information A. Criteria HUD will rate ALCP applications that successfully complete technical processing using the Rating Factors set forth below and in accordance with the application submission requirements identified in Section IV.B. above. The maximum number of points an application may receive under this program is 102. This includes two RC/EZ/EC-II bonus points, as described in the General Section and Section V.A.6. below. HUD wants to make its programs more effective, efficient, and accessible by expanding opportunities for grassroots organizations to participate in developing solutions for their own neighborhood. The Department encourages applicants to partner, fund, or sub-contract with grassroots organizations, including faith-based and other community- based organizations in conducting their work programs. (Refer to the policy priorities contained in the General Section for the definition of ``grassroots organizations''). 1. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (20 Points). This factor addresses your capacity to carry out the conversion in a timely, cost-conscious and effective manner. It also addresses your experience at providing the proposed supportive services you intend to make available at the ALF for elderly residents, especially in such areas as meals, 24-hour staffing and on- site health care. Submit information responding to this factor in accordance with Application Submission Requirements in Sections IV.B.5.a. and b. and 8.a. through c and h. of this NOFA. In rating this factor, HUD will consider the extent to which your application demonstrates your ability to carry out a successful conversion of the project and to implement the plan to deliver the supportive services on a long-term basis, considering the following: a. (9 points). The time frame planned for carrying out the physical conversion of the development to the ALF. b. (10 points). Your past experience in providing or arranging for supportive services either on or off site for those who are frail. (If you are applying to convert an unused or underutilized commercial facility to assisted living and you do not own or operate a project with frail elderly residents, you must provide information on any past experience in providing or arranging supportive services for those who are frail.) Examples are: Meals delivered to apartment of resident or in a congregate setting (2 points), arranging for or providing personal care (3 points), providing 24-hour staffing (1 point), providing or making available on-site preventive health care (2 points) and other support services (2 points). c. (1 point). The Department will provide 1 point to those applicants who currently or propose to partner, fund, or subcontract with grassroots organizations. HUD will consider an organization a ``grassroots organization'' if the organization is headquartered in the local community and has a social services budget of $300,000 or less; or has six or fewer full-time equivalent employees. (Refer to the General Section for further information on policy priority points for activities related to grassroots organizations.) 2. Rating Factor 2: Need/Extent of the Problem (20 Points). This factor addresses the extent to which the conversion is needed by the categories of elderly persons and persons with disabilities that the ALF is intended to serve (very low-income elderly persons and persons with disabilities who have limitations in three or more activities of daily living). The application must include evidence of current needs among project residents (not applicable to applicants proposing to convert unused or underutilized commercial facilities) and needs of potential residents in the housing market area for such persons including economic and demographic information on very low-income, frail, elderly, and persons with disabilities and information on current [[Page 14158]] assisted living resources in the market area. The factor also addresses your inability to fund the repairs or conversion activities from existing financial resources. In making this determination, HUD will consider project financial information or the organization's financial information for unused or underutilized commercial facilities. Submit information responding to this factor in accordance with Application Submission Requirements in Sections IV.B.2.c., 4.a. through d., and 9.a. through c. of this NOFA. In evaluating this factor, HUD will consider: a. (7 points). The need for assisted living among the elderly and disable residents of the project taking into consideration those currently in need and the depth of future needs given aging in place. (Not applicable to applications to convert unused or underutilized commercial facilities to assisted living.) b. (3 points (10 points for applications to convert unused or underutilized commercial facilities to assisted living.)). The need for assisted living among very low-income elderly persons and persons with disabilities in the housing market area. c. (9 points). Insufficient funding for any needed conversion work, as evidenced by the project's financial statements and specifically the lack of excess Reserve for Replacement dollars and residual receipts. If the available Reserve for Replacement and residual receipts are less than 10 percent of the total funds needed = 9 points; if the available Reserve for Replacement and residual receipts are 10-50 percent of need = 5 points; and, if the available Reserve for Replacement and residual receipts are 51 percent or more of the total funds needed = 0 points). For commercial properties, if the available working capital is 10 percent or more of the total conversion = 5 points; if the working capital is less than 10 percent of the total conversion = 9 points. d. (1 point). The Department will provide one point to those applications which establish a connection between the proposed ALF and the community's Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues and is prepared by a local planning or similar organization. 3. Rating Factor 3: Soundness of Approach (40 Points). This factor addresses the quality and effectiveness of your proposal in addressing the proposed conversion, effectiveness of service coordination and management planning and the meals and supportive services which the ALF intends to provide, whether the jurisdiction in which the ALF is located has taken successful efforts to remove regulatory barriers to affordable housing, whether you will incorporate energy efficiency in the design and operation of the assisted living facility and the extent to which you have evidenced general support for conversion by participating in your community's Consolidated Planning Process, involving the residents in the planning process (not applicable to applications proposing to convert unused or underutilized commercial facilities). There must also be a relationship between the proposed activities, the project's and the community's needs and purposes of the program funding for your application to receive points for this factor. Submit information responding to this factor in accordance with Application Submission Requirements in Sections IV.B.2.a. through c. and e., IV.B.4.e., IV.B.5.b. through e., IV. B.8.a. through e., g., and h. of this NOFA. In evaluating this factor, HUD will consider the following: a. (11 points). The extent to which the proposed ALF design will meet the special physical needs of frail elderly persons or persons with disabilities expected to be served at reasonable cost (consider the ALF design: meets needs = 11 points; ALF design partially meets needs = 5 points; and ALF design does not meet needs = 0 points). b. (11 points). The extent to which the ALF's proposed management and operational plan ensures that the provision of both meals and supportive services planned will be accomplished over time. (Consider ALF design/management plan: meets needs of management operations = 11 points; ALF design/management plan partially meets needs of management operations = 5 points; and ALF design/management plan does not meet needs of management operations = 0 points.) c. (7 points). The extent to which the proposed supportive services meet the anticipated needs of the frail elderly and disabled residents (does meet = 7 points; partially meets needs = 4 points; and, does not meet needs = 0 points); and d. (7 points). The extent to which the service coordination function is addressed and explained as onsite and sufficient, onsite and augmented or new, and addresses the ongoing procurement of needed services for the residents of the ALF (does meet = 7 points, partially meets = 4 points, does not meet = 0 points). e. (2 points). The steps you have taken which support State and local efforts in streamlining processes and procedures that eliminate redundant requirements, statutes, regulations and codes which impede the availability of affordable housing. To receive points for removal of regulatory barriers, applicants must include in their response the completed Questionnaire HUD Form 27300. (Refer to the General Section for further information. f. (2 points). Describe how you plan to incorporate energy efficiency activities in the design or the operation of the assisted living facility through the use of Energy Star labeled products and appliances. 4. Rating Factor 4: Leveraging Resources (10 Points). This factor addresses your ability to secure other community resources that can be combined with HUD's grant funds to achieve program purposes. For the ALCP to succeed, you must generate local funding for the necessary supportive services to operate the ALF. HUD also encourages local funding for some of the necessary conversion work, or other work needed in the project (e.g., general modernization) which is NOT specifically linked to the ALF). Submit information responding to this factor in accordance with Application Submission Requirements in Section IV.B.5.h. and i., B.6., and B.8.e. through g. of this NOFA. a. (5 points). The extent to which there are commitments for the funding needed for the meals and the supportive services planned for the ALF and that the total cost of the estimated budget of the ALF is covered. Consider 90 percent or more commitment of the total budget with no more than 10 percent for meals and services = 5 points; 80-89.9 percent with no more than 20 percent for meals and services = 4 points; 65-79.9 percent with no more than 35 percent for meals and services = 3 points; 40-64.9 percent with no more than 60 percent for meals and services = 2 points; less than 40 percent commitment of the total budget with no more than 60 percent support for meals and services = 0 points. b. (3 points). The extent of local organizations' support, which is firmly committed to providing at least 50 percent of the total cost of ALF conversion (consider 50% or more = 3 points, 20-49.9 percent = 2 points, and under 20 percent = 0 points). c. (2 points). The extent of local organizational support which is firmly committed to providing funds for additional repair or retrofit necessary for the project NOT specifically directed to activities eligible under this NOFA (funds firmly committed = 2 points, funds not committed = 0 points). [[Page 14159]] 5. Rating Factor 5: Achieving Results and Program Evaluation (10 Points). This factor reflects HUD's goal to embrace high standards of ethics, management and accountability. This factor emphasizes HUD's commitment to ensure that promises you make in the application are kept; and to ensure performance goals with outcomes are established and are met (refer to Section V.B. of the General Section for more detail). Outcomes may include the extent to which your project will implement practical solutions that will result in assisting residents in achieving independent living and an improved living environment, as well as the extent to which the project will be viable absent HUD funds but rely more on state, local, and private funds. Submit information responding to this factor in accordance with Application Submission Requirements in Section IV.B.2.d., 5.a. through g., and 8.a. through e. of this NOFA. Completion of the Form HUD-96010, Program Outcome Logic Model will assist you in completing your response to this requirement. a. (4 points). Describe the extent to which your conversion time frame reflects the length of time it will take to convert the units describing how residents will benefit from the conversion of the units; and how the converted units will result in ALF residents being able to age in place; b. (2 points). Describe the extent to which your assisted living facility will implement practical solutions that will result in assisting residents in achieving independent living and improved living environment. c. (2 points). Demonstrate how the project will be viable absent HUD funds while relying more on state, local, and private funds. d. (2 point). Describe the extent to which the ALFs operating philosophy promotes the autonomy and independence of the frail elderly persons it is intended to serve (is fully addressed = 2 points, no or not addressed = 0 points). 6. Bonus Points (2 bonus points). The project to be converted is located in an RC/EZ/EC-II area, as described in the General Section. B. Reviews and Selection Process 1. The ALCP will fund those applications that may impact federal problem solving and policymaking and that are relevant to HUD's policy priorities and annual goals and objectives. (Refer to the General Section for discussion of these priorities and annual goals and objectives). For the Assisted Living Conversion Program, applicants who include work activities that specifically address the policy priorities of removing barriers to affordable housing and promoting energy efficiency in the design and operation of the ALF will receive additional points. For information pertaining to the removal of barriers to affordable housing see http://www.hud.gov/grants/index.cfm and for information about Energy Star see http://www.energystar.gov. 2. Review for Curable Deficiencies. You should ensure that your application is complete before submitting it to HUD electronically through the http://www.grants.gov/Apply Web site. If you received a waiver of the electronic submission requirement, you must submit an original and four copies to the appropriate HUD Hub Office. Submitting fewer than the original and four copies of the application is not a curable deficiency and will cause your application to be considered non-responsive to the NOFA and returned to you. HUD will screen all applications received by the deadline for curable deficiencies. With respect to correction of deficient applications, HUD may not, after the application due date and consistent with HUD's regulations in 24 CFR part 4, subpart B, consider any unsolicited information an applicant may want to provide. HUD may contact an applicant to clarify an item in the application or to correct curable deficiencies. Please note, however, that HUD may not seek clarification of items or responses that improve the substantive quality of a response to any rating factors. In order not to unreasonably exclude applications from being rated and ranked, HUD may contact applicants to ensure proper completion of the application and will do so on a uniform basis for all applicants. A curable deficiency is a missing Exhibit or portion of an Exhibit that will not affect the rating of the application. In each case, under this NOFA, the appropriate HUD Multifamily Hub office will notify you in writing by describing the clarification or curable deficiency. You must submit clarifications or responses to curable deficiencies in accordance with the information provided by the Hub office within 14 calendar days of the date of HUD notification. (If the due date falls on a Saturday, Sunday, or Federal holiday, your correction must be received by HUD on the next day that is not a Saturday, Sunday, or Federal holiday.) If the deficiency is not corrected within this time period, HUD will reject the application as incomplete, and it will not be considered for funding. The following is a list of the deficiencies that will be considered curable in ALCP applications: Exhibits [sbull] * Application Summary. [sbull] * Articles of Incorporation, or certification of Articles of Incorporation. [sbull] * By-laws, or certification of by-laws. [sbull] Evidence of occupancy for at least five years (not applicable to commercial facilities). [sbull] Original project plans. [sbull] Relocation Plan (not applicable to commercial property). [sbull] Evidence of Permissive Zoning. The appropriate Hub office will notify you in writing if your application is missing any of the exhibits listed above and you will be given 14 days from the date of the HUD notification to submit the information required to cure the noted deficiencies. The exhibits identified by an asterisk (*) must be dated on or before the application deadline date. If not so dated the application will be rejected. After the completeness review, HUD staff will review your application to determine whether the application meets the threshold requirements. 3. Threshold Review. Only those ALCP applications that meet all threshold requirements will be eligible to receive an award. Applications that do not pass threshold will be rejected. (See Section III.C 2. above of this NOFA for threshold requirements). 4. Appeal Process. Upon rejection of an ALCP application, HUD must send a letter to the Owner outlining all reasons for rejection. The Owner has 14 calendar days from the date of the letter to appeal the rejection. If the Owner submits an appeal, which causes the rejection to be overturned, the application is then rated, ranked, and submitted to the selection panel for consideration. If the Owner does not appeal or does appeal but the rejection is not overturned, the application remains a reject. 5. Review Panels. The Office of Housing's Multifamily Hubs will establish panels to review all eligible applications that have passed threshold. 6. Rating of Applications (See paragraph below for selection of applications for commercial properties). HUD staff teams will review and rate ALCP applications in accordance with the Ranking and Selection procedures outlined below. All applications will be either rated or technically rejected at the end of technical review. If your application meets all program eligibility requirements after completion of [[Page 14160]] technical review, it will be rated according to the rating selection factors in Section V.A. above of this NOFA. HUD reserves the right to reduce the amount requested in the application if any proposed components are ineligible or if the cost of items is not deemed reasonable. HUD will NOT reject an ALCP application based on technical review without notifying you of that rejection with all the reasons for the rejection, and providing you an opportunity to appeal. As discussed above, you will have 14 calendar days from the date of HUD's written notice to appeal a technical rejection to the Multifamily Hub where the applications were sent originally. HUD staff will make a determination on an appeal before finalizing selection recommendations. 7. Ranking and Selection Procedures. (Paragraphs (5)(a)-(d) are not applicable to applications from owners of commercial properties.) Applications submitted in response to this NOFA that are eligible, pass threshold and have a total score of 75 points (or more) are eligible for ranking and selection. (Applications for the conversion of commercial properties with a score of at least 75 points will not be ranked but will be submitted to HUD Headquarters for selection.) a. Hub staff teams will be established for ALCP review in each Hub to do the application ratings. b. From within rank order, Hub staff teams in each of the 18 Hubs will select the highest ranked applications from within that Hub in rank order, which can be funded from within the dollars available. Each Hub will select applications based on rank order up to and including the last application that can be funded out of each Hub's allocation. Hubs must not skip over any applications in order to select one based on the funds remaining. c. After making the initial selections, however, Hubs may use any residual funds to select the next rank-ordered application by reducing the dollars requested by no more than 10 percent and reducing the number of units proposed, but in no case reducing the number of units below the financial threshold feasibility of five ALF units. d. Funds remaining after these processes are completed will be returned to HUD Headquarters. HUD Headquarters will use these funds to restore units to any project reduced as a result of using the residual grant funds in a Hub. Finally, HUD will use these funds for selecting one or more additional applications based on the Hubs rating and rankings, beginning with the highest rated application within the 18 Hubs. Only one application will be selected per Hub from the national residual amount. If there are no approvable applications in other Hubs, the process will begin again with the selection of the next highest rated application within the remaining Hubs. This process will continue until all approvable applications are selected using the available remaining funds. If there is a tie score between two or more applications, and there are insufficient residual funds to cover all tied applications, HUD Headquarters staff will choose the winning application(s) by lottery and/or reduction of grant requests consistent with the instructions above. e. Only one application will be selected using the $5 million set- aside to provide grant funds to a private nonprofit applicant proposing to convert an unused or underutilized commercial property into assisted living. HUD Multifamily Hubs will review applications for commercial properties for completeness and compliance with the eligibility criteria set forth in Section III. of this NOFA. Hub staff will forward applications to Headquarters providing the application was received by the deadline date, meets all eligibility criteria, proposes reasonable costs for eligible activities, includes all technical corrections by the designated deadline date and must have received a score of 75 points or more. Headquarters will select only one on a first-come, first-served basis that can be funded within the money available. Note: Only one application that can be fully funded will be selected. Any remaining funds after this selection process will be returned to the funds allocated for eligible multifamily assisted projects. VI. Award Administration Information A. Award Notices 1. The Grant Agreement, and the Form HUD-1044, signed by both the Recipient and Grant Officer, shall serve as the authorizing award documents. Unsuccessful applicants will be notified, by mail, within 30 days of the announcement of the awards. 2. Adjustments to Funding. a. HUD will not fund any portion of your application that is not eligible for funding under specific program statutory or regulatory requirements; does not meet the requirements if this notice; or may be duplicative of other funded programs or activities. Only the eligible portion of your application will be funded. 3. Applicant Debriefing. All requests for debriefing must be made in writing and submitted to the local Hub in which you applied for assistance. Materials provided to you during your debriefing will include the final scores you received for each rating factor, final evaluator comments for each rating factor, and the final assessment indicating the basis upon which assistance was provided or denied. Information regarding this procedure may be found in the General Section. B. Administrative and National Policy Requirements. See Section III.C. of this NOFA and the General Section. C. Reporting 1. Recipients of funding under this program NOFA shall submit a progress report every six months after the effective date of the Grant Agreement. Progress reports shall include reports on performance using the Logic Model (form HUD 90610) approved in your award agreement and financial progress. VII. Agency Contacts A. For Further Information and Technical Assistance You should contact the Multifamily Hub where you will be mailing your ALCP Application. (Please refer to Hub telephone numbers in Appendix 1 of this NOFA.) You also may contact Faye Norman, Housing Project Manager at (202) 708-3000, extension 2482 or Aretha Williams, Director, Grant Policy and Management Division, Room 6138 at (202) 708-3000, extension 2480 for questions regarding the ALF grant award process. These are not toll- free numbers. Ms. Norman can be reached by e-mail at [email protected] and Ms. Williams at [email protected]. Both Ms. Norman and Ms. Williams are located at the U.S. Department of Housing and Urban Development; 451 Seventh Street, SW.; Washington, DC 20410. If you have a hearing or speech impairment, you may access the telephone number via TTY by calling the Federal Information Relay Service at 800-877-8339. Application. All information for the submission of your application is included in this NOFA and the General Section. You may also obtain an ALCP application by calling the NOFA Information Center at (voice) 800-HUD-8929 (800-483-8929). Persons with a hearing or speech impairment may call the Center's TTY number at 800-HUD-2209. Please be sure to provide your name, address (including zip code), and telephone number (including area code). The application is also available on the Internet through the HUD Web site at http://www.hud.gov.grants/ index.cfm. [[Page 14161]] Note: There is a separate application for service coordinator funds (which is necessary for those needing to enhance or add service coordination per Section III. of this NOFA). VIII. Other Information A. Paperwork Reduction Act. The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (4 U.S.C. 3501-3520) and assigned OMB control number 2502-0542. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 2,550 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting data for the application, semi-annual reports, and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. B. Appendices Appendix 1 presents the list of HUD offices. Appendix 2 to this NOFA provides the forms that are specific to this NOFA. [[Page 14162]] [GRAPHIC] [TIFF OMITTED] TN21MR05.248 [[Page 14163]] [GRAPHIC] [TIFF OMITTED] TN21MR05.249 [[Page 14164]] [GRAPHIC] [TIFF OMITTED] TN21MR05.250 [[Page 14165]] [GRAPHIC] [TIFF OMITTED] TN21MR05.251 [[Page 14166]] [GRAPHIC] [TIFF OMITTED] TN21MR05.252 [[Page 14167]] [GRAPHIC] [TIFF OMITTED] TN21MR05.253 [[Page 14168]] BILLING CODE 4210-32-C Service Coordinators in Multifamily Housing Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of the Assistant Secretary for Housing-Federal Housing Commissioner. B. Funding Opportunity Title: Service Coordinators In Multifamily Housing. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA is FR-4950-N-21. The OMB approval number for this program is 2502- 0447. E. Catalog of Federal Domestic Assistance (CFDA) Number: 14.191, Multifamily Housing Service Coordinators. F. Dates: The application submission date is June 24, 2005. (All applications must be submitted and received by http://www.grants.gov no later than 11:59:59 p.m. Eastern Time on the application submission date. See submission details in the General Section.) G. Optional Additional Overview Information: 1. Available Funds. Approximately $49.6 million in fiscal year 2005 funds is available for the Service Coordinator program. Of these funds, approximately $10 million is available in this NOFA for funding new Service Coordinator programs. 2. Purpose of the program: The Service Coordinator program allows multifamily housing owners to assist elderly individuals and nonelderly people with disabilities living in HUD-assisted housing and in the surrounding area to obtain needed supportive services from the community, to enable them to continue living as independently as possible in their homes. 3. Eligible Applicants: Only owners of eligible multifamily assisted developments may apply for and become the recipient of grant funds. Full Text of Announcement: I. Funding Opportunity Description A. The Service Coordinator Program The Service Coordinator Program provides funding for the employment and support of Service Coordinators in insured and assisted housing developments that were designed for the elderly or nonelderly persons with disabilities and continue to operate as such. Service Coordinators help residents obtain supportive services from the community that are needed to enable independent living and aging in place. A Service Coordinator is a social service staff person hired or contracted by the development's owner or management company. The Service Coordinator is responsible for assuring that elderly residents, especially those who are frail or at risk, and those non-elderly residents with disabilities are linked to the supportive services they need to continue living independently in their current homes. All services should meet the specific desires and needs of the residents themselves. The Service Coordinator may not require any elderly individual or person with a disability to accept any specific supportive service(s). You may want to review the Management Agent Handbook 4381.5 REVISION-2, CHANGE-2, Chapter 8 for further guidance on service coordinators. This Handbook is accessible through HUDCLIPS on HUD's Web site at http://www.hudclips.org. The Handbook is in the Handbooks and Notices--Housing Notices database. Enter the Handbook number in the ``Document Number'' field to retrieve the Handbook. B. Authority Section 808 of the Cranston-Gonzalez National Affordable Housing Act (Pub. L. 101-625, approved November 28, 1990), as amended by sections 671, 674, 676, and 677 of the Housing and Community Development Act of 1992 (Pub. L. 102-550, approved October 28, 1992), and section 851 of the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106-569, approved December 27, 2000). C. Definition of Terms Used in This Program NOFA 1. ``Activities of daily living (ADLs)'' means eating, dressing, bathing, grooming, and household management activities, as further described below: a. Eating--May need assistance with cooking, preparing, or serving food, but must be able to feed self; b. Bathing--May need assistance in getting in and out of the shower or tub, but must be able to wash self; c. Grooming--May need assistance in washing hair, but must be able to take care of personal appearance; d. Dressing--Must be able to dress self, but may need occasional assistance; and e. Home management activities--May need assistance in doing housework, grocery shopping, laundry, or getting to and from activities such as going to the doctor and shopping, but must be mobile. The mobility requirement does not exclude persons in wheelchairs or those requiring mobility devices. 2. ``At-risk elderly person'' is an individual 62 years of age or older who is unable to perform one or two ADLs, as defined in the above paragraph. 3. ``Frail elderly person'' means an individual 62 years of age or older who is unable to perform at least three ADLs as defined in the above paragraph. 4. ``People with disabilities'' means those individuals who: a. Have a disability as defined in Section 223 of the Social Security Act; b. Have a physical, mental, or emotional impairment expected to be of long, continued, and indefinite duration that substantially impedes the individual's ability to live independently; or c. Have a developmental disability as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000, (42 U.S.C. Section 15002). 5. ``Reasonable costs'' mean that costs are consistent with salaries and administrative costs of similar programs in your Field office's jurisdiction. D. Functions of a Service Coordinator. The major functions of the Service Coordinator include the following: 1. Refer and link the residents of the development to supportive services provided by the general community. Such services may include case management, personal assistance, homemaker, meals-on-wheels, transportation, counseling, occasional visiting nurse, preventive health screening/wellness, and legal advocacy. 2. Educate residents on service availability, application procedures, client rights, etc. 3. Establish linkages with agencies and service providers in the community. Shop around to determine/develop the best ``deals'' in service pricing, to assure individualized, flexible, and creative services for the involved resident. Provide advocacy as appropriate. 4. Provide case management when such service is not available through the general community. This might include evaluation of health, psychological and social needs, development of an individually tailored case plan for services, and periodic reassessment of the resident's situation and needs. Service Coordinators can also set up a Professional Assessment Committee (PAC) to assist in performing initial resident assessments. (See the guidance in the Congregate Housing Services Program (CHSP) regulations at 24 CFR 700.135 (or 1944.258 for Rural Housing developments). 5. Monitor the ongoing provision of services from community agencies and keep the case management and provider agency current with the progress of the [[Page 14169]] individual. Manage the provision of supportive services where appropriate. 6. Help the residents build informal support networks with other residents, family and friends. 7. Work and consult with tenant organizations and resident management corporations. Provide training to the development's residents in the obligations of tenancy or coordinate such training. 8. Create a directory of providers for use by both development staff and residents. 9. Educate other staff of the management team on issues related to aging in place and Service Coordination, to help them to better work with and assist the residents. E. Basic Qualifications of Service Coordinators and Aides 1. Service Coordinator qualifications include the following: a. A Bachelor of Social Work or degree in Gerontology, Psychology or Counseling is preferable; a college degree is fully acceptable. You may also consider individuals who do not have a college degree, but who have appropriate work experience. b. Knowledge of the aging process, elder services, disability services, eligibility for and procedures of federal and applicable state entitlement programs, legal liability issues relating to providing Service Coordination, drug and alcohol use and abuse by the elderly, and mental health issues. c. Two to three years experience in social service delivery with senior citizens and/or people with disabilities. Some supervisory or management experience may be desirable if the Service Coordinator will work with aides. d. Demonstrated working knowledge of supportive services and other resources for senior citizens and/or non-elderly people with disabilities available in the local area. e. Demonstrated ability to advocate, organize, problem-solve, and provide results for the elderly and people with disabilities. 2. Aides working with a Service Coordinator should have appropriate education or experience in working with the elderly and/or people with disabilities. An example of an aide position could be an internship or work-study program with local colleges and universities to assist in carrying out some of the Service Coordinator's functions. II. Award Information A. Available Funding The Consolidated Appropriations Act, 2005 (Pub. L. 108-447, approved December 8, 2004) provides approximately $50 million to fund Service Coordinators and the continuation of existing Congregate Housing Services Program (CHSP) grants. (The $50 million appropriation is subject to a 0.80 percent across-the-board rescission pursuant to P. Law 108-447.) Approximately $10 million of the available $49.6 million will be used to fund new Service Coordinator programs. The remaining amount of $39.6 million will be used to fund one-year extensions to expiring Service Coordinator and CHSP grants. B. Maximum Grant Award There is no maximum grant amount. The grant amount you request will be based on the Service Coordinator's salary and the number of hours worked each week by that Service Coordinator (and/or aide). You should base your determination of the appropriate number of weekly work hours on the number of people in the development who are frail or at-risk elderly or non-elderly people with disabilities. Under normal circumstances, a full-time Service Coordinator should be able to serve about 50-60 frail or at-risk elderly or non-elderly people with disabilities on a continuing basis. Your proposed salary must also be supported by evidence of comparable salaries in your area. Gather data from programs near you to compare your estimates with the salaries and administrative costs of currently operating programs. HUD Field staff can provide you with contacts at local program sites. HUD provides funding in the form of three-year grants. HUD may renew grants subject to the availability of funds and the grantee's acceptable performance and compliance with program requirements. HUD will determine performance based on the information given in the grantee's semi-annual performance, financial status reports and periodic Logic Model forms submitted throughout the course of the grant term. III. Eligibility Information A. Eligible Applicants. 1. You must meet all of the applicable threshold requirements of Section III.C of the General Section. 2. You must be an owner of a development assisted under one of the following programs: a. Section 202 Direct Loan; b. Project-based Section 8 (including Section 8 Moderate Rehabilitation), or c. Section 221(d)(3) below-market interest rate, and 236 developments that are insured or assisted. 3. You must be approved to conduct new business with the Department, based on HUD's evaluation of the applicant's previous participation activities as reported on the ``Previous Participation Certification'', form HUD-2530. 4. Additionally, developments listed in paragraph III.A.2, above, are eligible only if they meet the following criteria: a. Have frail or at-risk elderly residents and/or non-elderly residents with disabilities who together total at least 25 percent of the building's residents. (For example, in a 52-unit development, at least 13 residents must be frail, at-risk, or non-elderly people with disabilities.) b. Were designed for the elderly or persons with disabilities and continue to operate as such. This includes any building within a mixed- use development that was designed for occupancy by elderly persons or persons with disabilities at its inception and continues to operate as such, or consistent with title VI, subtitle D of the Housing and Community Development Act of 1992 (Pub. L. 102-550). If not so designed, a development in which the owner gives preferences in tenant selection (with HUD approval) to eligible elderly persons or nonelderly persons with disabilities, for all units in that development. c. If FHA insured or financed by a Section 202 Direct Loan, are current in mortgage payments or are current under a workout agreement. d. Meet HUD's Uniform Physical Conditions Standards (codified in 24 CFR part 5, subpart G), based on the most recent physical inspection report and responses thereto, as evidenced by a score of 60 or better on the last physical inspection or by an approved plan for developments scoring less than 60. e. Are in compliance with their regulatory agreement, Housing Assistance Payment (HAP) Contract, and any other outstanding HUD grant or contract document. f. Have no available project funds (i.e., Section 8 operating funds, residual receipts, excess income, or surplus cash) that could pay for a Service Coordinator program. (``Available funds'' are those that require HUD approval for their use and are not needed to meet critical project needs.) Field office staff will make this determination based on financial records maintained by the Department and information provided [[Page 14170]] by the applicant in the grant application. 5. If your eligibility status changes during the course of the grant term, making you ineligible to receive a grant (e.g., due to prepayment of mortgage, sale of property, or opting out of a Section 8 HAP contract), HUD has the right to terminate your grant. 6. Ineligible Applicants and Developments. a. Property management companies, area agencies on aging, and other like organizations are not eligible applicants for Service Coordinator funds. Such agents may prepare applications and sign application documents if they provide written authorization from the owner corporation as part of the application. In such cases, the owner corporation must be indicated on all forms and documents as the funding recipient. If an agent is preparing the application for an owner, the owner must authorize the agent as the Authorized Organization Representative (AOR) in the Grants.gov Registration process. If you are applying in paper copy format, you must provide a letter from the owner authorizing the submission by the agent on their behalf. Refer to Section IV.F.2 of the General Section for more detailed registration information. b. Developments not designed for the elderly, nonelderly people with disabilities, or those no longer operating as such; c. Section 221(d)(4) and Section 515 developments without project- based Section 8 assistance; d. Section 202 and 811 developments with a Project Rental Assistance Contract (PRAC). Owners of Section 202 PRAC developments may obtain funding by requesting an increase in their PRAC payment consistent with Handbook 4381.5 REVISION-2, CHANGE-2, Chapter 8; e. Conventional public housing, as such term is defined in section 3(b) of the United States Housing Act of 1937), and units assisted by project-based Housing Choice Vouchers, as set forth in 24 CFR Part 983. f. Renewals of existing Section 8 Service Coordinator subsidy awards or grants. HUD currently provides one-year extensions to these subsidy awards and grants through a separate funding action. B. Cost Sharing or Matching Requirement None required. C. Other 1. Eligible Activities. a. Service Coordinator Program grant funds may be used to pay for the salary, fringe benefits, and related support costs of employing a service coordinator. Support costs may include quality assurance, training, travel, creation of office space, purchase of office furniture, equipment, and supplies, computer hardware, software, and Internet service, and indirect administrative costs. b. You may use grant funds to pay for Quality Assurance (QA) in an amount that does not exceed ten percent of the Service Coordinator's salary. Eligible QA activities are those that evaluate your program to assure that the position and program are effectively implemented. A qualified, objective third party must perform the program evaluation work and must have work experience and education in social or health care services. Your QA activities must identify short and long term program outcomes and performance indicators that will help you measure your performance. On-site housing management staff cannot perform QA and you may not augment current salaries of in-house staff for this purpose. c. You may propose reasonable costs associated with setting up a confidential office space for the Service Coordinator. Such expenses must be one-time only start-up costs. Such costs may involve acquisition, leasing, rehabilitation, or conversion of space. The office space must be accessible to people with disabilities and meet the Uniform Federal Accessibility Standards (UFAS) requirements of accessibility. HUD field office staff must approve both the proposed costs and activity and must perform an environmental assessment on such proposed work prior to grant award. d. You may use funds to augment a current Service Coordinator program, by increasing the hours of a currently employed Service Coordinator, or hiring an additional Service Coordinator or aide on a part-or full-time basis. Likewise, Assisted Living Conversion Program (ALCP) applicants may apply for new or augmented Service Coordinator costs to serve Assisted Living residents and/or all residents of the development. e. You may use funds to continue a Service Coordinator program that has previously been funded through other sources. In your application, you must provide evidence that this funding source has already ended or will discontinue within six months following the application deadline date and that no other funding mechanism is available to continue the program. This applies only to funding sources other than the subsidy awards and grants provided by the Department through program Notices beginning in FY1992. HUD currently provides one-year extensions to these subsidy awards and grants through a separate funding action. f. You may provide service coordination to low-income elderly individuals or nonelderly people with disabilities living in the vicinity of an eligible development. Community residents should come to your housing development to meet with and receive service from the Service Coordinator, but you must make reasonable accommodations for those individuals unable to travel to the housing site. 2. Threshold Requirements. a. At the time of submission, grant applications must contain the materials in Section IV.B.2.a and e of this Program NOFA in order to be considered for funding. If any of these items is missing, HUD will immediately reject your application. b. In cases where field office staff request information in response to technical deficiencies in applications, applicants must submit the response by the designated deadline date. If requested responses are not received by this date, HUD will reject the application. c. DUN and Bradstreet Universal Numbering System (DUNS) Number Requirement. Refer to the General Section for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD. 3. Program Requirements. In managing your Service Coordinator grant, you must meet the requirements of this Section. These requirements apply to all activities, programs, and functions used to plan, budget, and evaluate the work funded under your program. a. You must make sufficient separate and private office space available for the Service Coordinator and/or aides to meet with residents, without adversely affecting normal activities. b. The Service Coordinator must maintain resident files in a secured location. Files must be accessible ONLY to the Service Coordinator, unless residents provide signed consent otherwise. These policies must be consistent with maintaining confidentiality of information related to any individual per the Privacy Act of 1974. c. Grantees must ensure that the Service Coordinator receives appropriate supervision, training, and ongoing continuing education, consistent with statutory and HUD administrative requirements. This includes 36 hours of training in age- [[Page 14171]] related and disability issues during the first year of employment, if the Service Coordinator has not received recent training in these areas, and 12 hours of continuing education each year thereafter. d. Grantees are responsible for any budget shortfalls during the three-year grant term. e. As a condition of receiving a grant, Section 202 developments without a dedicated residual receipts account must amend their regulatory agreement and open such an account, separate from their Reserve for Replacement account. f. Subgrants and Subcontracts. You may directly hire a Service Coordinator or you may contract with a qualified third party to provide this service. g. Environmental Requirements. It is anticipated that most activities under this program are categorically excluded from the National Environmental Policy Act (NEPA) and related environmental authorities under 24 CFR 50.19(b)(3), (4), (12), or (13). If grant funds will be used to cover the cost of any activities which are not exempt from environmental review requirements--such as acquisition, leasing, construction, or building rehabilitation, HUD must perform an environmental review to the extent required by 24 CFR part 50, prior to grant award. HUD Field office staff will determine the need for an environmental assessment, based on the proposed program activities. 4. Submission Information. a. Single Applications. (1) You may submit one application that contains one or more developments that your corporation owns. submitting one application for each project you own will increase your chances of selection in the lottery. You may also submit one application that contains multiple projects you own, to reduce preparation time and resources. Each application must propose a stand-alone program at separate developments. The developments must all be located in the same field office jurisdiction. (2) If you wish to apply on behalf of developments located in different field office jurisdictions, you must submit a separate application to each field office. b. Joint Applications. You may join with one or more other eligible owners to share a Service Coordinator and submit a joint application. In the past, joint applications have been used by small developments that joined together to hire and share a part or full-time Service Coordinator. c. Application Submission Requirements for ALCP Applicants. (1) If you are an ALCP applicant and you request new or additional Service Coordinator funds specifically for your proposed Assisted Living Program, you must submit an application containing all required documents listed in Section IV.B of this Program NOFA. You may include a copy of all standard forms submitted as part of your ALCP application. (2) If you currently do not have a Service Coordinator working at the development proposed in your ALCP application and your ALCP application is selected to receive an award, HUD will fund a Service Coordinator to serve either ALCP residents only or all residents of the development dependent upon your request. If your development currently has a Service Coordinator, you may request additional hours for the Service Coordinator to serve the Assisted Living residents. If you request additional hours, you must specify the number of additional hours per week and provide an explanation based on the anticipated needs of the Assisted Living residents. If you request Service Coordinator funding to serve all residents of your development, indicate whether or not your request should be entered into the national lottery if your ALCP application is not selected to receive an award. Provide this information in your related narrative, pursuant to paragraph IV.B.2.e(6) of this NOFA. IV. Application and Submission Information A. Addresses to Request Application Package Applicants may download the Instructions to the application found on the grants.gov Web site at http:// www.Grants.gov./Apply. The instructions contain the General Section and Program Section of the published NOFA as well as forms that you must complete and attach as a zip file to your application submission. If you have difficulty accessing the information you may call the Grants.gov Support desk toll free 800-518-GRANTS or e-mailing your questions to Grants.gov">Support@Grants.gov. The Support Desk staff will assist you in accessing the information. Please remember that you must be registered to submit an application utilizing Grants.gov. Your registration allows you to electronically sign the application and Grants.gov to authenticate that the application was submitted by the appropriate organization staff with legal authority to submit the application on behalf of the applicant. Please see the General Section for information regarding the registration process or ask for registration information from the Grants.gov Support Desk. Please be aware that the registration process is a separate process from requesting e-mail notification of funding opportunities and should be done as soon as you download the application from the grants.gov Web site. If you are not sure if you are already registered, the Grants.gov Support Desk can assist in verifying whether you are or are not registered. B. Content and Form of Application Submission Your application must contain the items listed in paragraphs 1 and 2, below. These items include the standard forms listed in Section IV.B of the General Section that are applicable to this funding Notice (collectively referred to as the ``standard forms''). The standard forms and other required forms are part of the electronic application found at www.grants.gov/Apply. The items are as follows: 1. Standard Forms. a. Application for Federal Assistance (SF-424) b. SF-424 Supplement--Survey on Ensuring Equal Opportunity for Applicants. c. If engaged in lobbying, the Disclosure Form Regarding Lobbying (SF-LLL) d. Applicant/Recipient Disclosure/Update Report Form (HUD-2880) e. Logic Model, (HUD-90610) f. Acknowledgment of Application Receipt (HUD-2993), not required for electronic applications g. Client Comments and Suggestions (HUD-2994), optional h. Facsimile Transmittal Cover Page (HUD-96011). This form must be used as part of the electronic application to transmit third party documents and other information as described in the General Section as part of your electronic application submittal (if applicable). 2. Other Application Items. All applications for funding under the Service Coordinator Program must include the following documents and information: a. Service Coordinator First-Time Funding Request, form HUD-91186. b. Previous Participation Certification, form HUD-2530. c. If more than one owner is proposing to share a Service Coordinator, one agency must designate itself the ``lead''. When the legal signatory for the owner corporation signs the application, the owner indicates agreement to administer grant funds for all the housing developments listed in the application. d. Evidence of comparable salaries in your local area. [[Page 14172]] e. Narrative Statements Describing Your Program. (1) Explain your method of estimating how many residents of your development are frail or at-risk elderly or non-elderly people with disabilities. Please document that individuals meeting these criteria make up at least 25 percent of your resident population. (Do not include elderly individuals or people with disabilities who do not live in the eligible developments included in your application.) (2) Explain how you will provide on-site private office space for the Service Coordinator, to allow for confidential meetings with residents. If construction is planned, also include a plan and a cost- estimate. (3) Your quality assurance program evaluation activities and itemized list of estimated expenses for this activity if included in your request for funding. Indicate the type of professional or entity that will perform the work if known at this time or the criteria you will use to select the provider. (4) If you wish to augment an existing program, describe your program's needs and explain how the additional staff hours requested will help meet these needs. (5) A description of your plan to address community resident needs, if applicable to your program. (6) If you are applying for an ALCP grant in conjunction with your Service Coordinator application, describe how the new or additional Service Coordinator hours will support your proposed assisted living program. Indicate if you want your Service Coordinator application entered into the lottery if your ALCP application is not selected to receive an award. f. Evidence that no project funds are available to fund a Service Coordinator program. You must include a copy of your development's most recent bank statement, showing the project's current residual receipts or excess income balance (if any). It is incumbent upon the applicant to demonstrate that no such project funds are available. g. If applicable, provide evidence that prior funding sources for your development's Service Coordinator program are no longer available or will expire within six months following the application deadline date. h. If an agent is preparing the application for an owner, the owner must authorize the agent as the Authorized Organization Representative (AOR) in the Grants.gov Registration process. If you are applying in paper copy format, you must provide a letter from the owner authorizing the submission by the agent on their behalf. i. A DUNS number. Refer to the General Section for information regarding the DUNS requirement. C. Submission Dates and Times Applicants must follow the submission requirements discussed in Section IV.C of the General Section. D. Intergovernmental Review Intergovernmental review is not applicable to this program. E. Funding Restrictions 1. Alternative Funding for Service Coordinators. If your development has available Section 8 operating funds, residual receipts, or excess income, not needed for critical project expenses, you must use these project funds prior to receiving grant monies. Owners may submit requests to use Section 8 operating funds, residual receipts, or excess income pursuant to instructions in Housing's Management Agent Handbook 4381.5, REVISION-2, CHANGE-2, Chapter 8 and Housing Notice H 02-14. HUD field staff may approve use of these project funds at any time, consistent with current policy. You should discuss these alternative-funding options with your field office staff prior to submitting a grant application. 2. Ineligible Activities and Program Costs. a. You may not use funds available through this NOFA to replace currently available funding from other sources for a Service Coordinator or for some other staff person who performs service coordinator functions. b. Owners with existing service coordinator subsidy awards or grants may not apply for renewal or extension of those programs under this NOFA. HUD will provide extension funds through a separate funding process. c. You cannot hire an additional part or full-time Service Coordinator for the sole purpose of serving community residents. d. Grant recipients may not use grant funds to pay for supervision performed by property management staff. (Management fees already pay for such supervision.) e. Cost overruns associated with creating private office space and usual audit and legal fees are not eligible uses of grant funds. f. The cost of application preparation is not eligible for reimbursement. g. Grant funds cannot be used to increase a project's management fee. h. Grant funds may not cover the cost of Service Coordinator- related training courses for members of a development's management staff who do not directly provide Service Coordination. Owners must use their management fees to pay this expense. i. Owners/managers cannot use Reserve for Replacement funds to pay costs associated with a Service Coordinator program. j. Congregate Housing Services Program grantees may not use these funds to meet statutory program match requirements and may not use these funds to replace current CHSP program funds to continue the employment of a service coordinator. k. Grantees cannot use grant funds to pay PAC members for their services. l. The grant amount allowed for QA may not exceed ten percent of the Service Coordinator's salary. 3. Prohibited Service Coordinator Functions. During work hours paid for by this grant, Service Coordinators may not perform the following activities: a. Act as a recreational or activities director; b. Provide supportive services directly; c. Act as a Neighborhood Networks program director or coordinator, and d. Perform property management work, regardless of the funding source used to pay for these activities. F. Other Submission Requirements 1. Application Submission and Receipt Procedures. Carefully review the procedures presented in Section IV.F of the General Section. All applicants submitting Service Coordinator applications must submit applications electronically. Please pay particular attention to the portion of Section IV.F. of the General Section that explains how to submit Third Party Letters, Certifications or Narrative Statements electronically as part of your application. 2. Waiver of Electronic Submission Requirement. During FY2005, HUD will only accept electronic applications submitted through www.grants.gov unless the applicant has received a waiver from the Department. Please see the General Section for detailed instructions and timelines for requesting a waiver of the mandatory electronic submission requirement. 3. Application Copies. Applicants submitting electronic applications must submit just one application to http://www.grants.gov. Applicants who receive a waiver for electronic submission must submit an original and two copies to the field office with jurisdiction over the housing developments included in your application. 4. Field Office Addresses. If you are granted a waiver to the electronic application submission requirement, [[Page 14173]] you must submit an original and two hard copies of your application to the field office with jurisdiction over the housing developments identified in your application. If you send your application to the wrong local HUD Office, it will be rejected. Therefore, if you are uncertain as to which local HUD Office to submit your application, you are encouraged to contact the local HUD Office that is closest to your project's location to ascertain the Office's jurisdiction and ensure that you submit your application to the correct local HUD Office. For a list of field office addresses, see HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. V. Application Review Information A. Criteria 1. HUD will not award Service Coordinator Program grant funds through a rating and ranking process. Instead, the Department will hold one national lottery for all applications determined to be eligible by Multifamily Hub and Multifamily Program Centers. 2. Threshold Eligibility Review. HUD Multifamily field office staff will review applications for completeness and compliance with the eligibility criteria set forth in Section III of this NOFA. Field office staff will deem an application eligible if the electronic application was submitted and received by http:\\www.Grants.gov no later than 11:59:59 p.m. on June 24, 2005. For applicants who submitted a paper copy of their application, the application was submitted by the deadline date and meets the application timely receipt requirements for paper copy submission in the General Section. To be eligible for the lottery, in addition to meeting the timely submission requirement, an applicant must meet all eligibility criteria; propose reasonable costs for eligible activities, and, if technical corrections are requested during the review process, provide the technical correction(s) by the timeframe stated in the request. B. Review and Selection Process 1. Funding Priorities. a. Prior to the lottery, HUD will fund Service Coordinator applications submitted by FY2005 ALCP applicants, whose ALCP applications are selected for funding under that program's NOFA. HUD estimates that approximately $500,000 will be used to fund ALCP Service Coordinator applications. Any funds not used by the ALCP program to fund service coordinators will be added to the funds available for the National Lottery. b. After setting aside funds for ALCP applicants, and prior to the lottery, HUD will next fund all applications submitted by owners who are applying for grant funds to continue a currently operating program previously funded by project funds. As stated in paragraph III.A.4.f of this NOFA, such applications are eligible only if project funds are no longer available to continue the program. 2. Selection Process. a. HUD will use remaining funds to make grant awards through the use of a national lottery. A computer program performs the lottery by randomly selecting eligible applications. b. HUD will fully fund as many applications as possible with the given amount of funds available. After all fully fundable applications have been selected by lottery, HUD may make an offer to partially fund the next application on the lottery's list, in order to use the entire amount of funds allocated. If the applicant selected for partial funding turns down the offer, HUD will make an offer to partially fund the next application on the lottery list. HUD will continue this process until an applicant accepts the partial funding offer. 3. Reduction in Requested Grant Amount. HUD may make an award in an amount less than requested, if: a. HUD determines that some elements of your proposed program are ineligible for funding; b. There are insufficient funds available to make an offer to fully fund the application; c. HUD determines that reduced grant amount would prevent duplicative Federal funding. 4. Corrections to Deficient Applications. Section V.B.4 of the General Section provides the procedures for corrections to deficient applications. VI. Award Administration Information A. Award Notices HUD field staff will send, by postal or overnight mail, selection letters and grant agreements to the award recipient organization. The grant agreement is the obligating document and funds are obligated once the HUD grant officer signs the agreement. Field staff will send non- selection letters during this same period of time. If your application is rejected, field staff may notify you by letter any time during the application review process. B. Administrative and National Policy Requirements None. C. Reporting All award recipients must submit the following reports on a yearly basis: 1. Two Semi-Annual Financial Status Reports (SF-269-A), for each half-year period of the Federal fiscal year; 2. Two Semi-Annual Service Coordinator Performance Reports, (HUD- 92456), for each half-year period of the Federal fiscal year; 3. Two completed Logic Model forms, HUD-96010, submitted as an attachment to each Semi-Annual Performance Report. The Logic Model must present performance information on a short term basis, corresponding to each six-month reporting period; on an intermediate basis, i.e. annually, and in the long-term, reporting results for the entire grant term showing progress related to program outputs and outcomes as specified in your approved Logic Model incorporated into your grant agreement. The objectives of the Service Coordinator program are to enhance a resident's quality of life and ability to live independently and to age in place. The data that HUD collects on the performance report and Logic Model measures, in a quantitative form, the grantee's success in meeting these intended program outcomes. 4. Periodic reimbursement requests (i.e., Payment Voucher, form HUD-50080-SCMF), providing program expenses for the associated time period, and submitted in accordance with the due dates stated in the grant agreement. Grantees must request grant payments directly following the end of each agreed-upon time period and the funds must reimburse those program costs already incurred. 5. If your grant includes Quality Assurance activities, you must provide a copy of at least one annual report that your QA provider submits to you each year. You must submit this copy along with the semi-annual financial and performance reports that are due on October 30 of each year. The QA provider's report that you submit to HUD must include the following information: who performed the QA work, when the review(s) was conducted, and the results of the evaluation. The results should include such information as how many residents were served, the types of services they receive, the training sessions attended by the Service Coordinator, and the extent of resident satisfaction with the program. HUD will use this report, in tandem with other reports and performance data, to determine a grantee's acceptable program performance. [[Page 14174]] VII. Agency Contacts You may contact your local HUD field office staff for questions you have regarding this NOFA and your application. Please contact the Multifamily Housing Resident Initiatives Specialist or Service Coordinator contact person in your local office. If you are an owner of a Section 515 development, contact the HUD field office that monitors your Section 8 contract. If you have a question that the field staff is unable to answer, please call Carissa Janis, Housing Project Manager; Office of Housing Assistance and Grants Administration; Department of Housing and Urban Development; 451 Seventh Street, SW., Room 6146; Washington, DC 20410-8000; (202) 708-3000, extension 2487 (this is not a toll-free number). If you are hearing-or speech-impaired, you may access this number via TTY by calling the Federal Information Relay Service at 800-877-8339. VIII. Other Information A. Satellite Broadcast HUD will hold an information program for potential applicants via satellite broadcast to learn more about the program and preparation of the application. For more information about the date and time of the broadcast, you should contact your local field office staff or consult the HUD Web site at http://www.hud.gov. B. Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2502-0477. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 50.25 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. C. Appendices Appendix A to this NOFA presents the list of HUD offices. Appendix B to this NOFA provides the forms that are specific to this NOFA. [[Page 14175]] [GRAPHIC] [TIFF OMITTED] TN21MR05.254 [[Page 14176]] [GRAPHIC] [TIFF OMITTED] TN21MR05.255 [[Page 14177]] [GRAPHIC] [TIFF OMITTED] TN21MR05.256 [[Page 14178]] [GRAPHIC] [TIFF OMITTED] TN21MR05.257 [[Page 14179]] [GRAPHIC] [TIFF OMITTED] TN21MR05.258 [[Page 14180]] [GRAPHIC] [TIFF OMITTED] TN21MR05.259 [[Page 14181]] [GRAPHIC] [TIFF OMITTED] TN21MR05.260 [[Page 14182]] [GRAPHIC] [TIFF OMITTED] TN21MR05.261 [[Page 14183]] [GRAPHIC] [TIFF OMITTED] TN21MR05.262 [[Page 14184]] [GRAPHIC] [TIFF OMITTED] TN21MR05.263 [[Page 14185]] [GRAPHIC] [TIFF OMITTED] TN21MR05.264 [[Page 14186]] [GRAPHIC] [TIFF OMITTED] TN21MR05.265 [[Page 14187]] [GRAPHIC] [TIFF OMITTED] TN21MR05.266 [[Page 14188]] Section 202 Supportive Housing for the Elderly Program (Section 202 Program) Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Housing. B. Funding Opportunity Title: Section 202 Supportive Housing for the Elderly. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA is FR-4950-N-19. The OMB Approval Number for this program is 2502- 0267. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.157, Section 202 Supportive Housing for the Elderly. F. Dates: Application Submission Date: The application submission date is on or before May 31, 2005. Refer to Section IV of this NOFA and to the General Section for information on application submission requirements. G. Optional, Additional Overview Content Information: 1. Purpose of the Program. This program provides funding for the development and operation of supportive housing for very low-income persons 62 years of age or older. 2. Available Funds. Approximately $462.9 million in capital advance funds, plus associated project rental assistance contract (PRAC) funds and any carryover funds available. 3. Types of Funds. Capital advance funds will cover the cost of developing the housing. PRAC funds will cover the difference between the HUD-approved operating costs of the project and the tenants' contributions toward rent (30 percent of their adjusted monthly income). 4. Eligible Applicants. Private nonprofit organizations and nonprofit consumer cooperatives. (See Section III.C.3.k of this program NOFA for further details and information regarding the formation of the Owner corporation). 5. Eligible Activities. New construction, rehabilitation, or acquisition (with or without rehabilitation) of housing. (See Section III.C.1. below of this program NOFA for further information. 6. Match Requirements. None required. 7. Local HUD Offices. The local HUD office structure, for the purpose of implementing the Section 202 program, consists of 18 Multifamily Hub Offices. Within the Multifamily Hubs, there are Multifamily Program Centers with the exception of the New York Hub, the Buffalo Hub, the Denver Hub and the Los Angeles Hub. All future references shall use the term ``local HUD office'' unless a more detailed description is necessary as in Limitations on Applications and Ranking and Selection Procedures, below. Full Text of Announcement I. Funding Opportunity Description A. Program Description. HUD provides capital advances and contracts for project rental assistance in accordance with 24 CFR part 891. Capital advances may be used for the construction or rehabilitation of a structure, or acquisition of a structure with or without rehabilitation (including structures from the Federal Deposit Insurance Corporation (FDIC)). Capital advance funds bear no interest and are based on development cost limits in Section IV.E.3. Repayment of the capital advance is not required as long as the housing remains available for occupancy by very low-income elderly persons for at least 40 years. PRAC funds are used to cover the difference between the tenants' contributions toward rent (30 percent of adjusted income) and the HUD- approved cost to operate the project. PRAC funds may also be used to provide supportive services and to hire a service coordinator in those projects serving frail elderly residents. The supportive services must be appropriate to the category or categories of frail elderly residents to be served. B. Authority. The Section 202 Supportive Housing for the Elderly Program is authorized by section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (Pub. L. 101-625; approved November 28, 1990); the Housing and Community Development Act of 1992 (Pub. L. 102- 550; approved October 28, 1992), the Rescissions Act (Pub. L. 104-19; enacted on July 27, 1995); the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106-569; approved December 27, 2000); and the Consolidated Appropriations Act, 2005 (Pub. L. 108-447, approved December 8, 2004). C. Calculation of Fund Reservation. If selected, you will receive a fund reservation that will consist of both a reservation of capital advance funds and a reservation of contract authority (one year) and budget authority (five years) for project rental assistance. 1. Capital Advance Funds. The reservation of capital advance funds is based on a formula which takes the development cost limit for the appropriate building type (elevator, non-elevator) and unit size(s) and multiplies it by the number of units of each size (including a unit for a resident manager, if applicable) and then multiplies the result by the high cost factor for the area. The development cost limits can be found in Section IV.E.3. of this program section of the SuperNOFA. 2. PRAC Funds. The PRAC contract authority is determined by multiplying the number of revenue units for elderly persons by the appropriate operating cost standard. The PRAC budget authority is determined by multiplying the PRAC contract authority by 5 (years). The operating cost standards will be published by Notice. II. Award Information A. Available Funds. For FY2005, approximately $462.9 million is available for capital advances for the Section 202 Supportive Housing for the Elderly Program. The Consolidated Appropriations Act, 2005 (Pub. L. 108-447, approved December 8, 2004) provides $747,000,000 for capital advances, including amendments to capital advance contracts, for supportive housing for the elderly as authorized by section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), as amended by section 801 of the Cranston- Gonzalez National Affordable Housing Act (Pub. L. 101-625, approved November 28, 1990), for project rental assistance, amendments to contracts for project rental assistance, and $3 million for the renewal of expiring contracts for such assistance for up to a one-year term, for supportive housing for the elderly under section 202(c)(2) of the Housing Act of 1959 as well as the amount of $450,000 to be transferred to the Working Capital Fund, all of which is subject to a .8 percent across-the-board rescission pursuant to Public Law 108-447. Additionally, of the amount appropriated, $50 million is provided for service coordinators and the continuation of congregate services grants, up to $25 million is provided for assisted living conversion grants and emergency capital repairs, and $18 million is provided for a Section 202 Demonstration Planning Grant program. The announcement of the availability of the funds for the service coordinators and the continuation of congregate services as well as the Assisted Living Conversion program is covered elsewhere in this SuperNOFA. The announcement of the availability of funds for emergency capital repairs and the Section 202 Demonstration Planning Grant program will be addressed in a future Federal Register. [[Page 14189]] In accordance with the waiver authority provided in the Consolidated Appropriations Act, 2005, the Secretary is waiving the following statutory and regulatory provision: The term of the project rental assistance contract is reduced from 20 years to 5 years. HUD anticipates that at the end of the contract terms, renewals will be approved subject to the availability of funds. In addition to this provision, HUD will reserve project rental assistance contract funds based on 75 percent rather than on 100 percent of the current operating cost standards for approved units in order to take into account the average tenant contribution toward rent. The allocation formula used for Section 202 reflects the ``relevant characteristics of prospective program participants,'' as specified in 24 CFR 791.402(a). The FY2005 formula consists of one data element from the 2000 Census: number of one-person elderly renter households (householder age 62 and older) with incomes at or below the applicable Section 8 very low-income limit, and with housing conditions. Housing conditions are defined as paying more than 30 percent of income for gross rent, or occupying a unit lacking some or all kitchen or plumbing facilities, or occupying an overcrowded unit (1.01 persons per room or more). Under Section 202, 85 percent of the total capital advance amount is allocated to metropolitan areas and 15 percent to nonmetropolitan areas. In addition, each local HUD office jurisdiction receives sufficient capital advance funds for a minimum of 20 units in metropolitan areas and 5 units in nonmetropolitan areas. The total amount of capital advance funds to support these minimum set-asides are subtracted from the respective (metropolitan or nonmetropolitan) total capital advance amounts available. The remainder is fair shared to each local HUD office jurisdiction whose fair share exceeds the minimum set- aside based on the allocation formula fair share factors described below. Note: The allocations for metropolitan and nonmetropolitan portions of the local HUD office jurisdictions reflect the definitions of metropolitan and nonmetropolitan areas as of the 2000 Census, as defined by the Office of Management and Budget at that time. A fair share factor is developed for each metropolitan and nonmetropolitan portion of each local HUD office jurisdiction by dividing the number of elderly renter households in the respective metropolitan and nonmetropolitan portion of the jurisdiction by the total number of elderly rental households in the metropolitan and nonmetropolitan portions of the United States. The resulting percentage for each local HUD office jurisdiction is then adjusted to reflect the relative cost of providing housing among the local HUD office jurisdictions. The adjusted needs percentage for the applicable metropolitan or nonmetropolitan portion of each jurisdiction is then multiplied by the respective total remaining capital advance funds available nationwide. Based on the allocation formula, HUD has allocated the available capital advance funds as shown on the following chart: [[Page 14190]] [GRAPHIC] [TIFF OMITTED] TN21MR05.267 [[Page 14191]] [GRAPHIC] [TIFF OMITTED] TN21MR05.268 [[Page 14192]] [GRAPHIC] [TIFF OMITTED] TN21MR05.269 B. Type of Award Capital Advance and Project Rental Assistance Contract Funds for new Section 202 applications. C. Type of Assistance Instrument The Agreement Letter stipulates the terms and conditions for the Section 202 fund reservation award as well as the submission requirements following the fund reservation award. The duration of the fund reservation award for the capital advance is 18 months from the date of issuance of the fund reservation. D. Anticipated Start and Completion Date Immediately upon your acceptance of the Agreement Letter, you are expected to begin work toward the submission of a Firm Commitment Application, which is the next application submission stage. You are required to submit a Firm Commitment Application to the local HUD office within 180 days from the date of the Agreement Letter. Initial closing of the capital advance and start of construction of the project are expected to be accomplished within the duration of the fund reservation award period as indicated in the above paragraph regarding the Type of Assistance Instrument. Final closing of this capital advance is expected to occur [[Page 14193]] no later than six months after completion of project construction. III. Eligibility Information A. Eligible Applicants Private nonprofit organizations and nonprofit consumer cooperatives who meet the threshold requirements contained in the General Section of the SuperNOFA and Section III.C. 2. of this NOFA are the only eligible applicants under this Section 202 program. Neither a public body nor an instrumentality of a public body is eligible to participate in the program. Applicant eligibility for purposes of applying for a Section 202 fund reservation under this NOFA has not changed; i.e., all Section 202 Sponsors and Co-Sponsors must be private nonprofit organizations and nonprofit consumer cooperatives. However, the Owner corporation, when later formed by the Sponsor, may be (1) a single-purpose private nonprofit organization that has tax-exempt status under Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code of 1986, (2) nonprofit consumer cooperative, or (3) for purposes of developing a mixed-finance project pursuant to the statutory provision under Title VIII of the American Homeownership and Economic Opportunity Act of 2000, a for-profit limited partnership with a private nonprofit organization as the sole general partner. See Section IV.E.2. regarding limits on the total number of units and projects for which you may apply for funding. B. Cost Sharing or Matching No cost sharing or match is required; however, you are required to make a commitment to cover the estimated start-up expenses, the minimum capital investment of one-half of one percent of the HUD-approved capital advance, not to exceed $10,000 or for a national Sponsor not to exceed $25,000, and any funds required in excess of the capital advance, including the estimated cost of any amenities or features (and operating costs related thereto) which are not covered by the capital advance. You make such a commitment by signing the Form HUD-92042, Sponsor's Resolution for Commitment to Project in Exhibit 8(g) of the application found in Section IV.B. C. Other 1. Eligible Activities. Section 202 capital advance funds must be used to finance the development of housing through new construction, rehabilitation, or acquisition with or without rehabilitation. Capital advance funds may also be used in combination with other non-Section 202 funding sources leveraged by a for-profit limited partnership (of which a single-purpose private nonprofit organization is the sole general partner) to develop a mixed-finance project, including a mixed- finance project for additional units over and above the Section 202 units. The development of a mixed-use project in which the Section 202 units are mortgaged separately from the other uses of the structure is not considered a mixed-finance project. Project rental assistance funds are provided to cover the difference between the HUD-approved operating costs and the amount the residents pay (each resident pays 30 percent of adjusted income) as well as to provide supportive services to frail elderly residents. Note: For purposes of approving Section 202 capital advances, HUD will consider proposals involving mixed-financing for additional units over and above the Section 202 units. However, you must obtain funds to assist the additional units with other than PRAC funds. HUD will not provide PRAC funds for non-Section 202 units. A portion of the PRAC funds (not to exceed $15 per unit/per month) may be used to cover some of the cost of any supportive services for those frail elderly or those elderly determined to be at-risk of being institutionalized. The balance of the cost for services must be paid for from sources other than the capital advance or PRAC funds. Also, the cost of employing a service coordinator for those projects serving principally the frail elderly (when at least 25 percent of the residents will be frail or determined to be at-risk of being institutionalized) is an eligible use of PRAC funds. Section 202 projects receiving Congregate Housing Services assistance under Section 802 of the National Affordable Housing Act are not eligible to use capital advance or PRAC funds for supportive services or the cost of a service coordinator. 2. Threshold Requirements for Funding Consideration. In addition to the threshold criteria outlined in the General Section of the SuperNOFA (such as the inclusion of a DUN and Bradstreet Data Universal Numbering System (DUNS) Number on the SF-424), the following threshold requirements must be met: a. Non-Responsive Application. Your application will be considered non-responsive to the NOFA and will not be accepted for processing if you: (1) submit less than the required number of copies (an original and four copies are required if you requested and received approval for a waiver of the electronic submission requirement). Refer to the General Section of the SuperNOFA for information on application submission and receipt procedures; (2) request more units than were allocated in either the metropolitan or nonmetropolitan allocation category to the local HUD office that will be reviewing your application or 125 units, whichever is less (see the allocation chart in Section II.A. above); or (3) request less than the minimum number of 5 units per site. (4) request assistance for housing that you currently own or lease that is already occupied by elderly persons. b. Other Criteria. (1) You, or a Co-Sponsor, must have experience in providing housing or services to elderly persons. (2) You and any Co-Sponsor must be eligible private nonprofit organizations or nonprofit consumer cooperatives with tax exempt status under Internal Revenue Service code. (3) Your application must contain acceptable evidence of site control (see Exhibit 4(d)(i) of the application in Section IV.B. of this program section of the SuperNOFA). (a) Evidence of Site Control. You must provide evidence of site control as described in this section and Exhibit 4(d)(i) of Section IV.B. of this program section of the SuperNOFA). (b) Historic Preservation. You are required to send a letter to the State/Tribal Historic Preservation Officer (SHPO/THPO) that attempts to initiate consultation with their office and requests their review of your determinations and findings with respect to the historical significance of your proposed project. Appendix B to this program section of the SuperNOFA contains a sample letter to the SHPO/THPO that you may adapt for your use, if you so choose. You must include a copy of your letter to the SHPO/THPO in your application. You must also include in your application either: (i) The response letter(s) from the SHPO/THPO, or (ii) A statement from you that you have not received a response letter(s) from the SHPO/THPO. (c) Contamination. HUD must determine if a proposed site contains contamination and, if so, HUD must be satisfied that it is eliminated to the extent necessary to meet non site-specific Federal, State or local health standards. You must assist HUD by doing the following: (i) Phase I Environmental Site Assessment (ESA). You must submit a Phase I ESA, prepared in accordance with the ASTM Standards E 1527-00, as amended, completed or updated no [[Page 14194]] earlier than six months prior to the application deadline date. The Phase I ESA must be completed and submitted with the application. Therefore, it is important that you start the Phase I ESA process as soon after publication of the SuperNOFA as possible. To help you choose an environmentally safe site, HUD invites you to review the document ``Choosing an Environmentally Safe Site'' which is available on HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm and the ``Supplemental Guidance, Environmental Information'', in Appendix C to this program section of the SuperNOFA. (ii) Phase II ESA. If the Phase I ESA indicates the possible presence of contamination and/or hazards, you must decide whether to continue with this site or choose another site. Should you choose another site, the same Phase I ESA process identified above must be followed for the new site. However, if you choose to continue with the original site on which the Phase I ESA indicated contamination or hazards, you must undertake a detailed Phase II ESA by an appropriate professional. In order for your application to be considered for review under this FY2005 funding competition, the Phase II must be received by the local HUD office on or before June 30, 2005. (iii) Clean-up.--If the Phase II ESA reveals site contamination, the extent of the contamination and a plan for clean-up of the site must be submitted to the local HUD office. The plan for clean-up must include a contract for remediation of the problem(s) and an approval letter from the applicable Federal, State, and/or local agency with jurisdiction over the site. In order for your application to be considered for review under this FY2005 funding competition, this information must be received by the local HUD office on or before June 30, 2005. Note: Clean-up could be an expensive undertaking. You must pay for the cost of any clean-up and/or remediation. If the application is approved, clean-up must be completed prior to initial closing. Completion of clean-up means that HUD must be satisfied that the contamination has been eliminated to the extent necessary to meet non site-specific federal, state or local health standards, with no active or passive remediation still taking place, no capping over of any contamination, and no monitoring wells. However, it is acceptable if contamination remains solely in groundwater that is at least 25 feet below the surface. (d) Asbestos. Asbestos is a hazardous substance commonly used in building products until the late 1970s. Therefore, you must submit one of the following with your application: (i) If there is no pre-1978 structure on the site, a statement to this effect, or (ii) If there is a pre-1978 structure on the site, an asbestos report which is based on a thorough inspection to identify the location and condition of asbestos throughout any structures. In those cases where suspect asbestos is found, it would either be assumed to be asbestos or would require confirmatory testing. If the asbestos report indicates the presence of asbestos or the presence of asbestos is assumed, and if the application is approved, HUD will condition the approval on an appropriate mix of asbestos abatement and an asbestos Operations and Maintenance Plan. (4) There must be a market need for the number of units proposed in the area of the project location. (5) You are required to include a Supportive Services Plan that describes the supportive services proposed to be provided to the anticipated occupants, including a description of the public or private funds that are expected to fund the proposed services and the manner in which the services will be provided to the proposed residents (see Exhibit 5 in Section IV.B. of this program section of the SuperNOFA). You must not require residents to accept any supportive services as a condition of occupancy or admission. (6) Delinquent Federal Debt. Refer to the General Section of the SuperNOFA for information regarding delinquent Federal debt. 3. Program Requirements. By signing Form HUD-92015-CA, Supportive Housing for the Elderly Section 202, Application for Capital Advance Summary Information, you are certifying that you will comply with all program requirements listed in the General Section of the SuperNOFA as well as the following requirements: a. Statutory and Regulatory Requirements. In addition to the statutory, regulatory, threshold and public policy requirements listed in the General Section of this SuperNOFA, you must comply with all statutory and regulatory requirements listed in Sections I and III of this program NOFA. b. Application/Project Size Limits. (1) Application Limits Applicable to Sponsors or Co-Sponsors. A Sponsor or Co-sponsor may not apply for more than 200 units of housing for the elderly in a single Hub or more than 10 percent of the total units allocated to all HUD offices. Affiliated entities (organizations that are branches or offshoots of a parent organization) that submit separate applications are considered a single entity for the purpose of this limit. (2) Maximum Project Size. No single application may propose the development of a project for more than the number of units allocated to a local HUD office (in either the metropolitan or nonmetropolitan allocation category, depending on the location of your proposed project) or 125 units, whichever is less. For example, the local HUD office, which has jurisdiction over the area of your proposed project, was allocated 80 units (metropolitan) and 20 units (nonmetropolitan) for a total of 100 units. You cannot apply for more than 80 units if your proposed project is in a metropolitan area and no more than 20 units if the project is in a nonmetropolitan area. (3) Minimum Project Size. The minimum number of units that can be applied for in one application is five units. If the proposed project will be a scattered-site development, the five-unit minimum requirement will apply to each site. c. Minimum Capital Investment. If selected, you must provide a minimum capital investment of one-half of one percent of the HUD- approved capital advance amount, not to exceed $10,000 in accordance with Sec. 891.145, with the following exception. If you, as Sponsor or Co-Sponsor, have one or more Section 202 or one or more Section 811 project(s) under reservation, construction, or management in two or more different HUD geographical regions (Hubs), the minimum capital investment shall be one half of one percent of the HUD-approved capital advance amount, not to exceed $25,000. d. Accessibility. Your project must meet accessibility requirements published at 24 CFR 891.120, 24 CFR 891.210, and Section 504 of the Rehabilitation Act of 1973, and, if new construction, the design and construction requirements of the Fair Housing Act and HUD's implementing regulations at 24 CFR part 100. In addition, 24 CFR 8.4(b)(5) prohibits the selection of a site or location which has the purpose or effect of excluding persons with disabilities from the federally assisted program or activity. HUD will award higher points to applications that add accessible design features beyond those required under civil rights laws and regulations. Refer to Section V.A. below and the General Section of the SuperNOFA for information regarding the policy priority of encouraging accessible design. e. Conducting Business in Accordance with HUD Core Values and Ethical Standards. You are not subject to the [[Page 14195]] requirements of 24 CFR parts 84 and 85 as outlined in the General Section of the SuperNOFA, except that the disposition of real property may be subject to 24 CFR part 84. However, you are still subject to the core values and ethical standards as they relate to the conflict of interest provisions in 24 CFR 891.130. To ensure compliance with the program's conflict of interest provisions, you are required to sign a Conflict of Interest Resolution and include it in your Section 202 application. Further, if awarded a Section 202 fund reservation, the officers, directors, board members, trustees, stockholders and authorized agents of the Section 202 Sponsor and Owner entities will be required to submit to HUD individual certifications regarding compliance with HUD's conflict of interest requirements. f. National Environmental Policy Act. You must comply with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and applicable related environmental authorities at 24 CFR 50.4, HUD's programmatic implementing regulations at 24 CFR part 50 and 24 CFR 891.155(b), especially, but not limited to, the provision of information to HUD at 24 CFR 50.31(b) and you must comply with any environmental ``conditions and safeguards'' at 24 CFR 50.3(c). Under 24 CFR part 50, HUD has the responsibility for conducting the environmental reviews. HUD cannot approve any site unless it first completes the environmental review. In rare cases where HUD is not able to complete the environmental review, it is due to a complex environmental issue that could not be resolved during the time period allocated for application processing. Thus, HUD requires you to attempt to obtain comments from the State/Tribal Historic Preservation Officer (see Exhibit 4(d)(ix) of Section IV.B. below) to help HUD complete the environmental review on time. It is also why HUD may contact you for additional environmental information. So that you can review the type of information that HUD needs for its preparation of the environmental review as well as the type of information requests that HUD may make to you, you are invited to go to the following Web site to view the HUD form 4128, including the Sample Field Notes Checklist, which HUD uses to record the environmental review: www.hud.gov/utilities/intercept.cfm?/offices/cpd/energyenviron/environment/compliance/forms/4128.pdf. g. Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects. Refer to the General Section of the SuperNOFA for information regarding Executive Order 13202. h. Fair Housing Requirements. Refer to the General Section of the SuperNOFA for information regarding fair housing requirements. i. Economic Opportunities for Low and Very Low-Income Persons (Section 3). You must comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for Low and Very Low-Income Persons) and its implementing regulations at 24 CFR part 135. You must ensure that training, employment and other economic opportunities shall, to the greatest extent feasible, be directed toward low and very low-income persons, particularly those who are recipients of government assistance for housing and to business concerns which provide economic opportunities to low and very low- income persons. To comply with Section 3 requirements you are hereby certifying that you will strongly encourage your general contractor and subcontractors to participate in local apprenticeship programs or training programs registered or certified by the Department of Labor's Office of Apprenticeship, Training, Employer and Labor Services or recognized State Apprenticeship Agency. j. Design and Cost Standards. You must comply with HUD's Section 202 design and cost standards (24 CFR 891.120 and 891.210), the Uniform Federal Accessibility Standards (24 CFR 40.7), Section 504 of the Rehabilitation Act of 1973 and HUD's implementing regulations at 24 CFR part 8, and for covered multifamily dwellings designed and constructed for first occupancy after March 13, 1991, the design and construction requirements of the Fair Housing Act and HUD's implementing regulations at 24 CFR part 100, and, where applicable, the Americans with Disabilities Act of 1990. HUD has adopted a wide-ranging energy action plan for improving energy efficiency in all program areas. As a first step in implementing the energy plan, HUD, the Environmental Protection Agency (EPA) and the Department of Energy (DoE) have signed a joint partnership to promote energy efficiency in HUD's affordable housing efforts and programs. The purpose of the Energy Star partnership is to promote energy efficiency of the affordable housing stock, but also to help protect the environment. Although it is not a requirement, you are nonetheless encouraged to promote energy efficiency in design and operations and your application will receive one (1) point if you describe your plans for doing so in the proposed project. You are urged especially to purchase and use Energy Star-labeled products. Program activities can include developing Energy Star promotional and information materials, outreach to low- and moderate-income renters on the benefits and savings when using Energy Star products and appliances, and promoting the designation of community buildings and homes as Energy Star compliant. For further information about Energy Star, see http://www.energystar.gov or call 1-888-STAR-YES (1-888-782-7937) or for the hearing-impaired, 1-888-588-9920 TTY. k. Formation of Owner Corporation. You must form an Owner entity (in accordance with 24 CFR 891.205) after issuance of the capital advance fund reservation and must cause the Owner entity to file a request for determination of eligibility and a request for capital advance, and must provide sufficient resources to the Owner entity to ensure the development and long-term operation of the project, including capitalizing the Owner entity at firm commitment processing in an amount sufficient to meet its obligations in connection with the project over and above the capital advance amount. l. Davis-Bacon. You must comply with the Davis-Bacon requirements (12 U.S.C. 1701q(j)(5)) and the Contract Work Hours and Safety Standards Act in accordance with 24 CFR 891.155(d). IV. Application and Submission Information A. Addresses to Request Application Package All information required to complete and return a valid application is included in the General Section and this program section of the SuperNOFA, including appendices. Copies of the General Section, this program section, and the required forms and appendices are available and may be downloaded from the Grants.gov Web site at http://www.grants.gov. You may request general information, copies of the General Section and program section of the SuperNOFA (including appendices), and required forms from the NOFA Information Center (800-HUD-8929 or 800- HUD-2209 (TTY)) Monday through Friday, except on federal holidays. When requesting information, please refer to the name of the program you are interested in. Be sure to provide your name, address (including zip code), and telephone number (including area code). [[Page 14196]] B. Content and Form of Application Submission The exhibits to be included in your application are contained in the body of this program section of the SuperNOFA. There will not be a separate Application Kit provided this year. Before preparing your application, you should carefully review the requirements of the regulations (24 CFR part 891) and general program instructions in Handbook 4571.3 REV-1, Section 202 Capital Advance Program for Housing the Elderly. Note: Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure, 72 Stat. 967) applies to all information supplied in the application submission. (18 U.S.C. 1001, among other things, provides that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.) The Application for a Section 202 Capital Advance consists of four parts with a total of eight Exhibits. Included with the eight Exhibits are prescribed forms, certifications and resolutions. The components of the Application are: Part 1--Application Form for Section 202 Supportive Housing--Capital Advance (Exhibit 1). Part 2--Your Ability to Develop and Operate the Proposed Project (Exhibits 2 and 3). Part 3--The Need for Supportive Housing for the Target Population in the Area to be Served, Site Control and Suitability of Site, Adequacy of the Provision of Supportive Services and of the Proposed Project (Exhibits 4 and 5). Part 4--General Application Requirements, Certifications and Resolutions (Exhibits 6 through 8). Appendix A--Listing of Local HUD Offices. Appendix B--Letter Requesting SHPO/THPO Review. Appendix C--Supplemental to Choosing an Environmentally Safe Site. Your application must include all of the information, materials, forms, and exhibits listed below (unless you were selected for a Section 202 fund reservation within the last three funding cycles). If you qualify for this exception, you are not required to submit the information described in Exhibits 2(a), (b), and (c), which are the articles of incorporation, (or other organizational documents), by- laws, and the IRS tax exemption, respectively. If there has been a change in any of these documents since your previous HUD approval, you must submit the updated information in your application. The local HUD office will verify your indication of previous HUD approval by checking the project number and approval status with the appropriate local HUD office based on the information submitted. In addition to this relief of paperwork burden in preparing applications, you will be able to use information and exhibits previously prepared for prior applications under Section 202, Section 811, or other funding programs. Examples of exhibits that may be readily adapted or amended to decrease the burden of application preparation include, among others, those on previous participation in the Section 202 or Section 811 programs, your experience in the provision of housing and services, supportive services plans, community ties, and experience serving minorities. For programmatic information, you MUST contact the appropriate local HUD office about the submission of applications within the jurisdiction of that Office. Note: You may propose a scattered site project in one application, in which case the minimum unit requirement per site and the maximum number of units per application as specified in Section III.C.3.b. above apply. Please submit your application using the following format provided in this program section of the SuperNOFA. Unless you received a waiver of the electronic application submission, you must number the pages of each file, narratives and other attached files. Include the name of your organization and your DUNS number on the header of each document. 1. Table of contents (This is also to be used as a checklist to assist you in submitting a complete application. For applicants who received a waiver of the electronic application submission, after your application is complete, you must insert the page number after each Exhibit or portion of the Exhibit item listed below.) a. Part I--Application Form for Section 202 Supportive Housing--Capital Advance (1) Exhibit 1: Form HUD-92015-CA, Supportive Housing for the Elderly Section 202, Application for Capital Advance Summary Information. b. Part II--Your Ability to Develop and Operate the Proposed Project (1) Exhibit 2: Your Legal Status. (a) Articles of Incorporation (or other organizational documents). (b) By-laws. (c) IRS Tax Exemption Ruling. [Exception: see exhibit to determine if you may be exempt from submitting these documents.] (2) Exhibit 3: Your purpose, community ties and experience: (a) Purpose(s), current activities, how long you have been in existence. (b) Ties to the community at large, to the target population, and description of geographic areas served. (c) Local government support for project. (d) Letters of support for your organization and for the proposed project. (e) Housing and/or supportive services experience. (f) Efforts to involve target population. (g) Description of practical solutions to be implemented. (h) Project Development Timeline. (i) Description of how project will remain viable. (i) if service funds are depleted. (ii) for state-funded services, if state changes policy. (iii) if the need for project changes. (j) Description of efforts to remove barriers to affordable housing. c. Part III--The need for supportive housing for the target population in the area to be served, site control and suitability of site, adequacy of the provision of supportive services and of the proposed project (1) Exhibit 4: Project information including: (a) Evidence of need for project. (b) How project will benefit target population and community. (c) A narrative description of the project, including: (i) Building design. (ii) Whether and how project will promote energy efficiency. (iii) If applicable, description of plans and actions to create a mixed-finance project for additional units and the number of additional units. (d) Evidence of site control and permissive zoning. (i) Site control document(s). (ii) Evidence site is free of limitations, restrictions, or reverters. (iii) Evidence of permissive zoning or statement of proposed action required to make project permissible. (iv) Evidence of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) site notification requirement. (v) Narrative topographical/demographic description of site/area [[Page 14197]] suitability, how site will promote greater housing opportunities for minorities/target population. (vi) Racial composition/concentration map of site. (vii) Phase I Environmental Site Assessment. (viii) Asbestos Statement or Report. (ix) Letter to State/Tribal Historic Preservation Officer (SHPO/ THPO). (x) Response from SHPO/THPO or statement that SHPO/THPO failed to respond. (2) Exhibit 5: Supportive Services Plan. LV. (a) Description of services. (b) Public/private funding sources for proposed services. (c) Manner in which services will be provided. d. Part IV--General application requirements, certifications and resolutions (1) Exhibit 6: Other Applications. (a) A list of applications, if any, you are submitting to any other local HUD Office in response to the FY 2005 Section 202 or Section 811 NOFA, and required information about each. (b) A list of all FY 2004 and prior year Section 202 or Section 811 projects to which you are a party and the required information about each. (2) Exhibit 7: A statement that: (a) Identifies all persons occupying property on application submission date. (b) Indicates estimated cost of relocation payments/other services. (c) Identifies staff organization that will carry out relocation activities. (d) Identifies all persons who have moved from site within past 12 months. (3) Exhibit 8: Certifications and Resolutions: (a) Standard Form 424, Application for Federal Assistance. (b) Standard Form 424 Supplement, Survey on Ensuring Equal Opportunity for Applicants. (c) Standard Form LLL, Disclosure of Lobbying Activities, if applicable. (d) Form HUD-2880, Applicant/Recipient Disclosure/Update Report. (e) Form HUD-2991, Certification of Consistency with the Consolidated Plan. (f) Form HUD-92041, Sponsor's Conflict of Interest Resolution. (g) Form HUD-92042, Sponsor's Resolution for Commitment to Project. (h) Form HUD-2990, Certification of Consistency with the RC/EZ/EC- II Strategic Plan. (i) Form HUD-2530, Previous Participation Certification. (j) Form HUD-96010, Logic Model. (k) Form HUD-27300, Questionnaire for HUD's Initiative on Removal of Regulatory Barriers. (l) Form HUD-96011, Facsimile Transmittal to be used for faxing third party letters and other documents for your electronic application in accordance with the instructions in the General Section. 2. General Applications Requirements. a. Part I--Application Form for Section 202 Supportive Housing--Capital Advance (1) Exhibit 1--Form HUD-92015-CA, Supportive Housing for the Elderly Section 202, Application for Capital Advance Summary Information. Refer to Section IV.B.3. of this program section for a copy of this form. b. Part II--Your ability to develop and operate the proposed project. (1) Exhibit 2--Evidence of your legal status (Private nonprofit or nonprofit consumer cooperative (If another organization(s) is co- sponsoring the application with you, each Co-Sponsor must also submit the following): (a) Articles of Incorporation, constitution, or other organizational documents; (b) By-laws; (c) IRS tax exemption ruling (this must be submitted by all Sponsors, including churches). [Exception: if you received a Section 202 fund reservation within the last three funding cycles, you are not required to submit the documents described in (a), (b), and (c) above. instead, submit the project number of the latest application and the local hud office to which it was submitted. if there have been any modifications or additions to the subject documents, indicate such, and submit the new material.] (2) Exhibit 3--Your purpose, community ties and experience: (a) A description of your purpose(s), current activities, and how long you have been in existence. (b) A description of your ties to the community in which your project will be located and to the minority and elderly communities in particular, including a description of the specific geographic area(s) in which you have served. (c) A description of local government support for the project (including financial assistance, donation of land, provision of services, etc.). (d) Letters of support for your organization and for the proposed project from organizations familiar with the housing and supportive services needs of the target population that you expect to serve in the proposed project. (e) A description of your housing and/or supportive services experience. The description should include any rental housing projects and/or supportive services facilities that you sponsored, own and/or operate, your past or current involvement in any programs other than housing that demonstrates your management capabilities (including financial management) and experience, your experience in serving the target population (the elderly and/or families and minorities); and the reasons for receiving any increases in fund reservations for developing and/or operating previously funded Section 202 or Section 811 projects. The description should include data on the facilities and services provided, the racial/ethnic composition of the populations served, if available, and information and testimonials from residents or community leaders on the quality of the activities. Examples of activities that could be described include housing counseling, nutrition and food services, special housing referral, screening and information projects. (f) A description of your efforts to involve members of the target population (elderly persons, including minority elderly persons) in the development of the application as well as your intent to involve the target population in the development and operation of the project. (g) A description of the practical solutions you will implement which will enable residents of your project to achieve independent living. In addition, describe the educational opportunities you will provide for the residents and how you will provide them. This description should include any activities that will enhance the quality of life for the residents. And, finally, describe how your proposed project will be an improved living environment for the residents when compared to their previous place of residence. (h) Describe your plan for completing the proposed project. Include a project development timeline which lists the major development stages for the project with associated dates that must be met in order to get the project to initial closing and start of construction within the 18- month fund reservation period as well as the full completion of the project, including final closing. Completion of Exhibit 8(j), Logic Model, will assist you in completing your response to this Exhibit. (i) Describe how you will ensure that your proposed project will remain viable as housing with the availability of supportive services for the target population for the 40-year capital advance period. This description should address the measures you would take should any of the following occur: [[Page 14198]] (i) funding for any of the needed supportive services becomes depleted; (ii) if, for any state-funded services for your project, the state changes its policy regarding the provision of supportive services to projects such as the one you propose; or (iii) if the need for housing for the population you will be serving wanes over time, causing vacancies in your project. (j) A description of the successful efforts the jurisdiction in which your project will be located has taken in removing regulatory barriers to affordable housing. To obtain up to 2 points for this policy priority, you must complete the optional Form HUD-27300, ``Questionnaire for HUD's Initiative on Removal of Regulatory Barriers'' in Exhibit 8(k) of the application AND provide the necessary URL references or submit the documentary evidence. c. Part III--The need for supportive housing for the target population, site control and suitability of site, adequacy of the provision of supportive services and of the proposed project. (1) Exhibit 4--Need and Project Information. (a) Evidence of need for supportive housing. Include a description of the category or categories of elderly persons the housing is intended to serve and evidence demonstrating sustained effective demand for supportive housing for that population in the market area to be served, taking into consideration the occupancy and vacancy conditions in existing federally assisted housing for the elderly (HUD and the Rural Housing Service (RHS)) e.g., public housing, state or local data on the limitations in activities of daily living among the elderly in the area; aging in place in existing assisted rentals; trends in demographic changes in elderly population and households; the numbers of income eligible elderly households by size, tenure and housing condition; the types of supportive services arrangements currently available in the area; and the use of such services as evidenced by data from local social service agencies or agencies on aging. Also, a description of how information in the community's or (where applicable) the state's Consolidated Plan, Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues was used in documenting the need for the project. (b) A description of how the proposed project will benefit the target population and the community in which it will be located. (c) Description of the project. (i) Narrative description of the building design including a description of the number of units with bedroom distribution, any special design features, including any features that incorporate visitability standards and universal design, amenities, and/or commercial and community spaces, and how this design will facilitate the delivery of services in an economical fashion and accommodate the changing needs of the residents over the next 10-20 years. Note: If the community spaces, amenities, or features do not comply with the project design and cost standards of 24 CFR 891.120(a) and (c) and the special standards of 24 CFR 891.210, you must demonstrate your ability and willingness to contribute both the incremental development cost and continuing operating cost associated with the community spaces, amenities, or features; (ii) Describe whether and how the project will promote energy efficiency (in accordance with the requirements set forth in Section III.C.3.j. of this program NOFA), including any plans to incorporate energy efficiency features in the operation of the project through the use of Energy Star labeled products and appliances and, if applicable, innovative construction or rehabilitation methods or technologies to be used that will promote efficient construction. (iii) If you are proposing to develop a mixed-finance project by developing additional units (i.e., in addition to the 202 units), a description of any plans and actions you have taken to create such a mixed-finance project with the use of Section 202 capital advance funds, in combination with other funding sources. Provide the number of non-Section 202 units to be included in the mixed-finance project (also provide the number of additional units in the appropriate space on Form HUD-92015-CA). Also, provide copies of any letters you have sent seeking outside funding for the non-Section 202 units and any responses thereto. Your response to this Exhibit will be used to rate your application for Rating Factor 4.c., under Leveraging Resources. Notes: (1) A proposal to develop a mixed-finance project for additional units must occur at the application for fund reservation stage. You cannot decide after selection that you want to do a mixed-finance project for additional units. (2) If you propose to develop a mixed-finance project for additional units, you must complete the development of such a proposal. If you are later unable to develop a mixed-finance project for additional units, you will not be permitted to proceed with a Section 202 project without additional units and your fund reservation will be canceled. This is due to the fact that the project would have received points in the rating of the application in consideration of the additional units and, if selected for funding, a later change in the proposal to exclude the additional units would alter the fairness of the competition. (3) Section 202 capital advance amendment money will not be approved for projects proposing mixed-financing for additional units. (4) If approved for a reservation of capital advance funds, you will be required to submit with your Firm Commitment Application, the additional documents required by HUD for mixed-finance proposals. (5) A mixed-finance project does not include the development of a mixed-use project in which the Section 202 units are mortgaged separately from the other uses of the structure. (d) Evidence of site control and permissive zoning. (i) Acceptable evidence of site control is limited to any one of the following: (A) Deed or long-term leasehold which evidences that you have title to or a leasehold interest in the site. If a leasehold, the term of the lease must be at least 50 years with renewable provisions for 25 years, except for sites on Indian trust land, in which case, the term of the lease must be at least 50 years with no requirement for extensions; (B) Contract of sale for the site that is free of any limitations affecting the ability of the seller to deliver ownership to you after you receive and accept a notice of Section 202 capital advance. (The only condition for closing on the sale can be your receipt and acceptance of the capital advance.) The contract of sale cannot require closing earlier than the Section 202 closing; (C) Option to purchase or for a long-term leasehold, which must remain in effect for six months from the date on which the applications are due, must state a firm price binding on the seller, and be renewable at the end of the six-month period. The only condition on which the option may be terminated is if you are not awarded a fund reservation; (D) If the site is covered by a mortgage under a HUD program, (e.g., a previously funded Section 202 or Section 811 project or an FHA-insured mortgage) you must submit evidence that consent to release the site from the mortgage has been obtained or has been requested from HUD (all required information in order for a decision on the request for a partial release of security must have been submitted to the local HUD office) and from the mortgagee, if other than HUD. Approval to release the site from the mortgage must be done before the local HUD office makes its selection recommendations to HUD Headquarters. Refer to Chapter 16 of HUD Handbook [[Page 14199]] 4350.REV-1, Multifamily Asset Management and Project Servicing, for instructions on submitting requests to the local HUD office for partial release of security from a mortgage under a HUD program; or (E) For sites to be acquired from a public body, evidence is needed that the public body possesses clear title to the site and has entered into a legally binding agreement to lease or convey the site to you after you receive and accept a notice of Section 202 capital advance. Where HUD determines that time constraints of the funding round will not permit you to obtain all of the required official actions (e.g., approval of Community Planning Boards) that are necessary to convey publicly-owned sites, you may include in your application a letter from the mayor or director of the appropriate local agency indicating that conveyance or leasing of the site is acceptable without imposition of additional covenants or restrictions, and only contingent on the necessary approval action. Such a letter of commitment will be considered sufficient evidence of site control. Note: For this funding cycle, the existing installment contract between the Village of Hanna City, Illinois and the General Services Administration is deemed sufficient to constitute site control for the purposes of the Section 202 program. (ii) Whether you have title to the site, a contract of sale, an option to purchase, or are acquiring a site from a public body, you must provide evidence (a title policy or other acceptable evidence) that the site is free of any limitations, restrictions, or reverters which could adversely affect the use of the site for the proposed project for the 40-year capital advance period under HUD's regulations and requirements (e.g., reversion to seller if title is transferred). If the title evidence contains restrictions or covenants, copies of the restrictions or covenants must be submitted with the application. If the site is subject to any such limitations, restrictions, or reverters, the application will be rejected. Purchase money mortgages that will be satisfied from capital advance funds are not considered to be limitations or restrictions that would adversely affect the use of the site. If the contract of sale or option agreement contains provisions that allow a Sponsor not to purchase the property for reasons such as environmental problems, failure of the site to pass inspection, or the appraisal is less than the purchase price, then such provisions are not objectionable and a Sponsor is allowed to terminate the contract of sale or the option agreement. Note: A proposed project site may not be acquired or optioned from a general contractor (or its affiliate) that will construct the Section 202 project or from any other development team member. (iii) Evidence that the project, as proposed, is permissible under applicable zoning ordinances or regulations or a statement of the proposed action required to make the proposed project permissible and the basis for the belief that the proposed action will be completed successfully before the submission of the firm commitment application (e.g., a summary of the results of any requests for rezoning and/or the procedures for obtaining special or conditional use permits on land in similar zoning classifications and the time required for such rezoning, or preliminary indications of acceptability from zoning bodies, etc.). (iv) Evidence of compliance with the URA requirement that the seller has been provided, in writing, with the required information regarding a voluntary, arm's length purchase transaction (i.e., (1) applicant does not have the power of eminent domain and, therefore, will not acquire the property if negotiations fail to result in an amicable agreement, and (2) of the estimate of the fair market value of the property). Note: This information should have been provided before making the purchase offer. However, in those cases where there is an existing option or contract, the seller must be provided the opportunity to withdraw from the agreement or transaction, without penalty, after this information is provided. (v) Narrative describing topographical and demographic aspects of the site, the suitability of the site and area (as well as a description of the characteristics of the neighborhood), how use of the site will promote greater housing opportunities for minority elderly and elderly persons with disabilities, and how use of the site will affirmatively further fair housing. Note: You can best demonstrate your commitment to affirmatively furthering fair housing by describing how your proposed activities will assist the jurisdiction in overcoming impediments to fair housing choice identified in the applicable jurisdiction's Analysis of Impediments (AI) to Fair Housing Choice, which is a component of the jurisdiction's Consolidated Plan or any other planning document that addresses fair housing issues. The applicable Consolidated Plan and AI may be the community's, the county's, or the state's, to which input should have been provided by local community organizations, agencies in the community and residents of the community. Alternatively, a document that addresses fair housing issues and remedies to barriers to fair housing in the community that was previously prepared by a local planning, or similar organization, may be used. Applicable impediments could include the need for improved housing quality and services for elderly minority families, lack of affirmative marketing and outreach to minority elderly persons, and the need for quality eldercare services within areas of minority concentration when compared with the type and quality of similar services and housing in nonminority areas. (vi) A map showing the location of the site, the racial composition of the neighborhood, and any areas of racial concentration. Note: For this competition, when determining the racial and ethnic composition of the neighborhood surrounding the proposed site, use data from the 2000 Census of Population. Data from the 2000 Census may be found at: www.factfinder.census.gov/servlet/BasicFactsServlet. (vii) A Phase I Environmental Site Assessment (ESA), in accordance with the ASTM Standards E 1527-00, as amended, must be completed and submitted with the application. In order for the Phase I ESA to be acceptable, it must have been completed or updated no earlier than six months prior to the application deadline date. Therefore, it is important to start the site assessment process as soon after the publication of the NOFA as possible. If the Phase I ESA indicates possible presence of contamination and/or hazards, you must decide whether to continue with this site or choose another site. Should you choose another site, the same Phase I ESA process identified above must be followed for the new site. If the property is to be acquired from the FDIC/RTC, include a copy of the FDIC/RTC prepared Transaction Screen Checklist or Phase I ESA and applicable documentation, per the FDIC/RTC Environmental Guidelines. If you choose to continue with the original site on which the Phase I ESA indicated contamination or hazards, you must undertake a detailed Phase II ESA by an appropriate professional. If the Phase II Assessment reveals site contamination, you must submit the extent of the contamination and a plan for clean-up of the site including a contract for remediation of the problem(s) and an approval letter from the applicable federal, state, and/or local agency with jurisdiction over the site to the local HUD office. The Phase II and any necessary plans for clean-up do not have to be submitted with the application but must be received by the local HUD office by June 30, 2005. If it is not received by that date, the application will be rejected. [[Page 14200]] Note: You must pay for the cost of any clean-up or remediation which can be very expensive. See Note at Section III.C.2.B(3)(c)(iii). (viii) You must submit one of the following: (A) If there is no pre-1978 structure on the site, a statement to this effect, or (B) If there is a pre-1978 structure on the site, an asbestos report which is based on a thorough inspection to identify the location and condition of asbestos throughout any structures. Note: In those cases where suspect asbestos is found, it would either be assumed to be asbestos or would require confirmatory testing. If the asbestos report indicates the presence of asbestos, or the presence of asbestos is assumed, and if the application is approved, HUD will condition the approval on an appropriate mix of asbestos abatement and an asbestos Operations and Maintenance Plan. (ix) The letter you sent to the State/Tribal Historic Preservation Officer (SHPO/THPO) initiating consultation with their office and requesting their review of your determinations and findings with respect to the historical significance of your proposed project. Appendix B to this program section of the SuperNOFA contains a sample letter that you may adapt and send to the SHPO/THPO. (x) The SHPO/THPO response to your letter or a statement that you have not received a response letter from the SHPO/THPO. (2) Exhibit 5--Supportive Services Plan. (a) A detailed description of the supportive services proposed to be provided to the anticipated occupancy. (b) A description of public or private sources of assistance that reasonably could be expected to fund the proposed services. (c) The manner in which such services will be provided to such persons (i.e., on or off-site), including whether a service coordinator will facilitate the adequate provision of such services, and how the services will meet the identified needs of the residents. Note: You may not require residents, as a condition of admission or occupancy, to accept any supportive services. d. Part IV--General Application Requirements, Certifications and Resolutions (1) Exhibit 6: Other Applications. (a) A list of the applications, if any, you are submitting to any other local HUD office in response to the FY 2005 Section 202 or Section 811 NOFA. Indicate by local HUD office, the proposed location by city and state and the number of units requested for each application. (b) Include a list of all FY2004 and prior year Section 202 and Section 811 capital advance projects to which you are a party. Identify each by project number and local HUD office and include the following information: (1) whether the project has initially closed and, if so, when; (2) if the project was older than 24 months when it initially closed (specify how old) or if older than 24 months now (specify how old) and has not initially closed, provide the reasons for the delay in closing; (3) whether amendment money was or will be needed for any project in (2) above; and, (4) those projects which have not been finally closed. (2) Exhibit 7: A statement that: (a) identifies all persons (families, individuals, businesses and nonprofit organizations) by race/minority group, and status as owners or tenants occupying the property on the date of submission of the application for a capital advance. (b) indicates the estimated cost of relocation payments and other services. (c) identifies the staff organization that will carry out the relocation activities. (d) identifies all persons that have moved from the site within the past 12 months. Note: If any of the relocation costs will be funded from sources other than the Section 202 Capital Advance, you must provide evidence of a firm commitment of these funds. When evaluating applications, HUD will consider the total cost of proposals (i.e., cost of site acquisition, relocation, construction and other project costs). (3) Exhibit 8: Certifications and Resolutions. With the exception of Form HUD-424CB and Form HUD-424CBW listed in the General Section of the SuperNOFA, and OMB Circulars A-87 and A-21, you are required to submit copies of the following: (a) Standard Form 424--Application for Federal Assistance, including a DUNS number, an indication of whether you are delinquent on any Federal debt, and compliance with Executive Order 12372 (a certification that you have submitted a copy of your application, if required, to the State agency (Single Point of Contact) for state review in accordance with Executive Order 12372). A copy of this form and instructions on how to obtain a DUNS number are contained in the online application and the General Section of the SuperNOFA. (b) Standard Form 424 Supplement, Survey on Ensuring Equal Opportunity for Applicants. Although the information on this form will not be considered in making funding decisions, it will assist the federal government in ensuring that all qualified applicants have an equal opportunity to compete for federal funding. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (c) Standard Form LLL--Disclosure of Lobbying Activities (if applicable). A disclosure of activities conducted to influence any federal transactions. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (d) Form HUD-2880, Applicant/Recipient Disclosure/Update Report, including Social Security and Employee Identification Numbers. A disclosure of assistance from other government sources received in connection with the project. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (e) Form HUD-2991, Certification of Consistency with the Consolidated Plan (Plan) for the jurisdiction in which the proposed project will be located. The certification must be made by the unit of general local government if it is required to have, or has, a complete Plan. Otherwise, the certification may be made by the state or by the unit of general local government if the project will be located within the jurisdiction of the unit of general local government authorized to use an abbreviated strategy, and if it is willing to prepare such a Plan. All certifications must be made by the public official responsible for submitting the Plan to HUD. The certifications must be submitted as part of the application by the application submission deadline date set forth in the program section of the SuperNOFA. The Plan regulations are published in 24 CFR part 91. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (f) Form HUD-92041, Sponsor's Conflict of Interest Resolution. A certified Board Resolution that no officer or director of the Sponsor or Owner has or will have any financial interest in any contract with the Owner or in any firm or corporation that has or will have a contract with the Owner, including a current listing of all duly qualified and sitting officers and directors by title and the beginning and ending dates of each person's term. Refer to Section IV.B.3. for a copy of this Resolution. (g) Form HUD-92042, Sponsor's Resolution for Commitment to Project. A certified Board Resolution acknowledging responsibilities of [[Page 14201]] sponsorship, long-term support of the project(s), your willingness to assist the Owner to develop, own, manage and provide appropriate services in connection with the proposed project, and that it reflects the will of your membership. Also, it shall indicate your willingness to fund the estimated start-up expenses, the Minimum Capital Investment (one-half of one-percent of the HUD-approved capital advance, not to exceed $10,000 or for national Sponsors, not to exceed $25,000), and the estimated cost of any amenities or features (and operating costs related thereto) that would not be covered by the approved capital advance. Refer to Section IV.B.3. for a copy of this Resolution. (h) Form HUD-2990, Certification of Consistency with the RC/EZ/EC- II Strategic Plan. A certification that the project is consistent with the RC/EZ/EC-IIs strategic plan, is located within the RC/EZ/EC-II, and serves RC/EZ/EC-II residents. (This certification is not required if the project site(s) will not be located in an RC/EZ/EC-II.) A copy of the RC/EZ/EC-II Certification form is contained in the online application and the General Section of the SuperNOFA. (i) Form HUD-2530, Previous Participation Certification. This form must be submitted for the Sponsor and all of the Officers and Directors of the Board of the Sponsor, including any Co-Sponsor, if applicable. This form provides HUD with a certified report of all your previous participation in HUD multifamily housing projects. The information is used to determine if you meet the standards established to ensure that all principal participants in HUD projects will honor their legal, financial, and contractual obligations and are acceptable risks from the underwriting standpoint of an insurer, lender or governmental agency. Refer to Section IV.B.3. below for a copy of this form. (j) Form HUD-96010, Logic Model. In addition to the Project Development Timeline to be submitted in Exhibit 3(h) above, the information provided in the Logic Model will be used in rating your application for Rating Factor 5, Achieving Results and Program Evaluation. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (k) Form HUD-27300, Questionnaire for HUD's Initiative on Removal of Regulatory Barriers. This form requires you to supply a reference, URL or brief statement documenting the successful efforts in removing barriers to affordable housing by the jurisdiction in which your project will be located. This Questionnaire will be considered in the rating of your application for Rating Factor 3.j. A copy of this form is contained in the online application and the General Section. (l) Form HUD-96011, Facsimile Transmittal to be used for faxing third party letters and other documents for your electronic application in accordance with the instructions in the General Section. 3. Required Forms. In addition to the required forms that are found in the General Section as specified above, the following required forms (HUD-92015-CA, HUD-92041, HUD-92042, and HUD-2530) are specific to the Section 202 program. [[Page 14202]] [GRAPHIC] [TIFF OMITTED] TN21MR05.270 [[Page 14203]] [GRAPHIC] [TIFF OMITTED] TN21MR05.271 [[Page 14204]] [GRAPHIC] [TIFF OMITTED] TN21MR05.272 [[Page 14205]] [GRAPHIC] [TIFF OMITTED] TN21MR05.273 [[Page 14206]] [GRAPHIC] [TIFF OMITTED] TN21MR05.274 [[Page 14207]] [GRAPHIC] [TIFF OMITTED] TN21MR05.275 [[Page 14208]] [GRAPHIC] [TIFF OMITTED] TN21MR05.276 [[Page 14209]] [GRAPHIC] [TIFF OMITTED] TN21MR05.277 [[Page 14210]] C. Submission Dates and Time Your application must be submitted and received electronically by Grants.gov no later than 11:59:59 p.m. Eastern time on May 31, 2005, unless a waiver of the electronic delivery process has been approved by HUD. Please refer to the General Section for instructions on applying for a waiver. If a waiver is granted, you must submit an original and four copies of your application on the application submission date following the mailing and timely receipt instructions in the General Section and Appendix A of this program NOFA. These instructions have changed from the 2004 SuperNOFA. D. Intergovernmental Review 1. State Review. This funding opportunity is subject to Executive Order (EO) 12372, ``Intergovernmental Review of Federal Programs.'' You must contact your State's Single Point of Contact (SPOC) to find out about and comply with the state's process under EO 12372. The names and addresses of the SPOCs are listed in the Office of Management and Budget's home page at http://www.whitehouse.gov/omb/grants/spoc.html. If required by the state, the submission to the state needs to occur before the Section 202 application submission date. It is recommended that you provide the state with sufficient time to review the application. Therefore, it is important that you consult with the SPOC for State review timeframes and take that into account when submitting the application. 2. HUD/RHS Agreement. HUD and the Rural Housing Service (RHS) have an agreement to coordinate the administration of the agencies' respective rental assistance programs. As a result, HUD is required to notify RHS of applications for housing assistance it receives. This notification gives RHS the opportunity to comment if it has concerns about the demand for additional assisted housing and possible harm to existing projects in the same housing market area. HUD will consider RHS' comments in its review and application selection process. E. Funding Restrictions 1. Ineligible Activities. Section 202 funds may not be used for: a. Nursing homes; b. Infirmaries; c. Medical facilities; d. Mobile homes; e. Community centers; f. Headquarters for organizations for the elderly; g. Nonhousekeeping accommodations (e.g., central dining, but without private kitchens and/or bathrooms in the residential units); h. Refinancing of sponsor-owned facilities without rehabilitation, i. Housing that you currently own or lease that is occupied by elderly persons; and j. Projects licensed or to be licensed as assisted living facilities. Note: You may propose to rehabilitate an existing currently- owned or leased structure that does not already serve elderly person, except that the refinancing of any federally-funded or assisted project or project insured or guaranteed by a Federal agency is not permissible under this Section 202 NOFA. HUD does not consider it appropriate to utilize scarce program resources to refinance projects that have already received some form of assistance under a federal program. (For example, Section 202 or Section 202/8 direct loan projects cannot be refinanced with capital advances and project rental assistance.) 2. Application Limits (Units/Projects). Refer to Section III.C.3.b. of this program section of the SuperNOFA for information applicable to the limitations on the number of units you may apply for in a single application and the project sizes. 3. Development Cost Limits. a. The following development cost limits, adjusted by locality as described in Section IV.E.3.b. below must be used to determine the capital advance amount to be reserved for projects for the elderly. Note: The capital advance funds awarded for this project are to be considered the total amount of funds that the Department will provide for the development of this project. Amendment funds will only be provided in exceptional circumstances (e.g., to cover increased costs for construction delays due to litigation or unforeseen environmental issues resulting in a change of sites) that are clearly beyond your control. Otherwise, you are responsible for any costs over and above the capital advance amount provided by the Department as well as any costs associated with any excess amenities and design features. (1) The capital advance amount for the project attributable to dwelling use (less the incremental development cost and the capitalized operating costs associated with any excess amenities and design features and other costs you must pay for) may not exceed: Non-elevator structures: $42,980 per family unit without a bedroom; $49,557 per family unit with one bedroom; $59,766 per family unit with two bedrooms. For elevator structures: $45,232 per family unit without a bedroom; $51,849 per family unit with one bedroom; $63,049 per family unit with two bedrooms. (2) These cost limits reflect those costs reasonable and necessary to develop a project of modest design that complies with HUD minimum property standards; the accessibility requirements of Sec. 891.120(b); and the project design and cost standards of Sec. 891.120 and Sec. 891.210. b. Increased development cost limits. (1) HUD may increase the development cost limits set forth above, by up to 140 percent in any geographic area where the cost levels require, and may increase the development cost limits by up to 160 percent on a project-by-project basis. This increase may include covering additional costs to make dwelling units accessible through rehabilitation. Note: In applying the applicable high cost percentage, the local HUD Office may use a percentage that is higher or lower than that which is assigned to the local HUD Office if it is needed to provide a capital advance amount that is comparable to what it typically costs to develop a Section 202 project in that area. (2) If HUD finds that high construction costs in Alaska, Guam, the Virgin Islands, or Hawaii make it infeasible to construct dwellings, without the sacrifice of sound standards of construction, design, and livability, within the development cost limits provided in sections IV.E.3.a.(1) and IV.E.3.b.(1) above, the amount of the capital advances may be increased to compensate for such costs. The increase may not exceed the limits established under this section (including any high cost area adjustment) by more than 50 percent. 4. Commercial Facilities. A commercial facility for the benefit of the residents may be located and operated in the Section 202 project. However, the commercial facility cannot be funded with the use of Section 202 capital advance or PRAC funds. The maximum amount of space permitted for a commercial facility cannot exceed 10 percent of the total project cost. An exception to this 10 percent limitation is if the project involves acquisition or rehabilitation and the additional space was incorporated in the existing structure at the time the proposal was submitted to HUD. Commercial facilities are considered public accommodations under Title III of the Americans with Disabilities Act of 1990 (ADA), and thus must comply with all the accessibility requirements of the ADA. 5. Expiration of Section 202 Funds. The Consolidated Appropriations Act, 2005, requires HUD to obligate all Section 202 funds appropriated for FY [[Page 14211]] 2005 by September 30, 2008. Under 31 U.S.C. Section 1551, no funds can be disbursed from this account after September 30, 2013. Under Section 202, obligation of funds occurs for both capital advances and project rental assistance upon fund reservation and acceptance. If all funds are not disbursed by HUD and expended by the project Owner by September 30, 2013, the funds, even though obligated, will expire and no further disbursements can be made from this account. In submitting an application you need to carefully consider whether your proposed project can be completed through final capital advance closing no later than September 30, 2013. Furthermore, all unexpended balances, including any remaining balance on PRAC contracts, will be cancelled as of October 1, 2013. Amounts needed to maintain PRAC payments for any remaining term on the affected contracts beyond that date will have to be funded from other current appropriations. F. Other Submission Requirements: 1. Address for Submitting Applications. Applications must be submitted electronically through the http://www.grants.gov Web site, unless the applicant receives a waiver from the electronic application submission requirement. See the General Section, Application Submission and Receipt Procedures, for information on applying online and requesting a waiver from the electronic application requirement. If you apply for and receive a waiver from the electronic application requirement, you must submit an original and four copies of your completed application to the Director of the appropriate local HUD office listed in Appendix A below. Note: Do not use the listing in Attachment B to the General Section of the SuperNOFA. V. Application Review Information A. Criteria Policy Priorities. HUD encourages applicants to undertake specific activities that will assist the Department in implementing its policy priorities and which help the Department achieve its strategic goals for FY 2005. Refer to the General Section of the SuperNOFA for information regarding HUD's Strategic Goals and Policy Priorities. For the Section 202 program, applicants who include work activities that specifically address the policy priorities of encouraging accessible design features by incorporating visitability standards and universal design, removing barriers to affordable housing, and promoting energy efficiency in design and operations will receive additional points. A Notice pertaining to the removal of barriers to affordable housing was published in the Federal Register and may be downloaded from the HUD Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Rating Factors. HUD will rate applications that successfully complete technical processing using the Rating Factors set forth below and in accordance with the application submission requirements in this program Section of the SuperNOFA. The maximum number of points an application may receive under this program is 102. This includes two (2) RC/EZ/EC-II bonus points, as described in the General Section of the SuperNOFA and Section V.A.6. below. 1. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (25 Points). This factor addresses the extent to which you have the organizational resources to successfully implement the proposed activities in a timely manner. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(a), 3(b), 3(e), 5 and 6 of Section IV.B. of this program section of the SuperNOFA. In rating this factor, HUD will consider the extent to which your application demonstrates your ability to develop and operate the proposed housing on a long-term basis, considering the following: a. (15 points). The scope, extent, and quality of your experience in providing housing or related services to those proposed to be served by the project and the scope of the proposed project (i.e., number of units, services, relocation costs, development, and operation) in relationship to your demonstrated development and management capacity as well as your financial management capability. b. (10 points). The scope, extent and quality of your experience in providing housing or related services to minority persons or families and your ties to the community at large and to the minority and elderly communities in particular. (1) (5 points). The scope, extent, and quality of your experience in providing housing or related services to minority persons or families. (2) (5 points). The scope, extent, and quality of your ties to the community at large and to the minority and elderly communities in particular. To earn the maximum number of points under sub-criteria (b)(1) above, you must describe both your relationships over time with the minority community and significant previous experience in providing housing and/or supportive services to minorities generally and to minority elderly in particular. For the purpose of this competition, ``significant previous experience'' means that the previous housing assistance or related services to minorities, i.e., the percentage of minorities being provided housing or related services in your current developments, was equal to or greater than the percentage of minorities in the jurisdiction where the previous housing or services occurred. To earn the maximum number of points under sub-criteria (b)(2) above, you should submit materials that demonstrate your efforts to make housing available to the community at large and the minority and elderly communities in particular. Examples of documents that may be submitted to earn the maximum number of points under sub-criteria (b)(2) include copies of your affirmative marketing plan and the advertising/outreach materials you utilize to attract minority communities (including limited English proficient communities), elderly community and the community at large. Regarding your advertising/outreach materials, you should identify when advertising/outreach materials are circulated, whom they are circulated to, where they are circulated and how they are circulated. Descriptions of other advertising/outreach efforts to the minority (including limited English proficient communities) and elderly communities and the dates and places of such advertising/outreach efforts should also be included. c. (-3 to -5 points). HUD will deduct (except if the delay was beyond your control) 3 points if a fund reservation you received under either the Section 202 Program of Supportive Housing for the Elderly or the Section 811 Program of Supportive Housing for Persons with Disabilities in FY 2000 or later has been extended beyond 24 months, 4 points if beyond 36 months, and 5 points if beyond 48 months. Examples of such delays beyond your control include, but are not limited to, initial closing delays that are: (1) Directly attributable to HUD, (2) directly attributable to third party opposition, including litigation, and (3) due to a disaster, as declared by the President of the United States. d. (-1 point). HUD will deduct 1 point if amendment money was required as a result of the delay (except if the delay was beyond your control). 2. Rating Factor 2: Need/Extent of the Problem (13 Points). This factor addresses the extent to which there is a need for funding the proposed activities to address a documented problem in the target area. [[Page 14212]] Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 4(a) and 4(b) of Section IV.B. of this program section of the SuperNOFA. HUD will take into consideration the following in evaluating this factor: The extent of the need for the project in the area based on a determination by the local HUD Office. In making this determination, HUD will consider your evidence of need in the area, as well as other economic, demographic, and housing market data available to the local HUD office. The data should include a general assessment of the current conditions in the market for the type of housing proposed, an estimate of the demand for additional housing of the type proposed in the applicable housing market area; as well as, information on the numbers and types of existing comparable Federally assisted housing units for the elderly (HUD and RHS), current occupancy in such housing and recent market experience, comparable assisted housing for the elderly under construction or for which fund reservations have been issued, and, in accordance with an agreement between HUD and RHS, comments from RHS on the demand for additional comparable subsidized housing and the possible harm to existing projects in the same housing market areas. The Department will also review more favorably those applications that establish a connection between the proposed project and the community's Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues and is prepared by a local planning or similar organization. You must show how your proposed project will address an impediment to fair housing choice described in the AI or meet a need identified in the other type of planning document. For all Section 202 projects that are determined to have sufficient demand, HUD will rate your application based on the ratio of the number of units in the proposed project to the estimate of unmet need for housing assistance by the income eligible elderly households with selected housing conditions. Unmet need is defined as the number of very low-income elderly one-person renter households age 75 and older with housing conditions problems, as of the 2000 Census minus the number of project-based subsidized rental housing units (HUD, RHS, or LIHTC) that are affordable to very low-income elderly provided in the area since 1999. Units to be occupied by resident managers are not counted. After HUD determines the estimate of unmet need and whether a connection has been made between the project and community's Consolidated Plan, Analysis of Impediments to Fair Housing Choice, or other planning document, HUD will rate your application as follows: a. (10 points). The area of the project has an unmet needs ratio of 15 percent or less; OR (5 points). The area of the project has an unmet needs ratio of greater than 15 percent; OR (0 points). The area of the proposed project has no unmet needs for housing assistance. b. (3 points). The extent that a connection has been established between the project and the community's Consolidated Plan, Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues and is prepared by a local planning or similar organization. 3. Rating Factor 3: Soundness of Approach ( 45 Points). This factor addresses the quality and effectiveness of your proposal and the extent to which you involved elderly persons, including elderly minority persons, in the development of the application and will involve them in the development and operation of the project, whether the jurisdiction in which your project will be located has undertaken successful efforts to remove regulatory barriers to affordable housing, and whether you will promote energy efficiency in the design and operation of the proposed housing. There must be a clear relationship between your proposed design, proposed activities, the community's needs and purposes of the program funding for your application to receive points for this factor. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(f), 3(j), 4(c)(i), 4(c)(ii), 4(c)(iii), 4(d)(iii), 4(d)(v), 4(d)(vi), 5, and 8(k) of Section IV.B. of this program section of the SuperNOFA. In evaluating this factor, HUD will consider the following: a. (20 points). The proximity or accessibility of the site to shopping, medical facilities, transportation, places of worship, recreational facilities, places of employment, and other necessary services to the intended occupants; adequacy of utilities and streets; freedom of the site from adverse environmental conditions; compliance with site and neighborhood standards (24 CFR 891.125(a), (d) and (e)). b. (-1 point). The site(s) is not permissively zoned for the intended use. c. (10 points). The suitability of the site from the standpoints of promoting a greater choice of housing opportunities for minority elderly persons/families, and affirmatively furthering fair housing. In reviewing this criterion, HUD will assess whether the site meets the site and neighborhood standards at 24 CFR 891.125(b) and (c) by examining relevant data in your application or in the local HUD Office. Where appropriate, HUD may visit the site. (1) The site will be deemed acceptable if it increases housing choice and opportunity by expanding housing opportunities in non- minority neighborhoods (if located in such a neighborhood). The term ``nonminority area'' is defined as one in which the minority population is lower than 10 percent; or contributing to the revitalization of and reinvestment in minority neighborhoods, including improvement of the level, quality and affordability of services furnished to minority elderly. You should refer to the Site and Neighborhood Standards provisions of the regulations governing the Section 202 Supportive Housing for the Elderly program (24 CFR 891.125(b) and (c)) when considering sites for your project. (2) For the purpose of this competition, the term ``minority neighborhood (area of minority concentration)'' is defined as one where any one of the following statistical conditions exists: (a) The percentage of persons of a particular racial or ethnic minority is at least 20 points higher than the minority's or combination of minorities' percentage in the housing market area as a whole; (b) The neighborhood's total percentage of minority persons is at least 20 points higher than the total percentage of minorities for the housing market as a whole; or, (c) In the case of a metropolitan area, the neighborhood's total percentage of minority persons exceeds 50 percent of its population. d. (2 points). The extent to which your proposed design will meet the special physical needs of elderly persons. e. (2 points). The extent to which the proposed size and unit mix of the housing will enable you to manage and operate the housing efficiently and ensure that the provision of supportive services will be accomplished in an economical fashion. f. (2 points). The extent to which the proposed design of the housing will accommodate the provision of supportive services that are expected to be needed, initially and over the useful life of the housing, by the category or [[Page 14213]] categories of elderly persons the housing is intended to serve. g. (3 points). The extent to which the proposed supportive services meet the identified needs of the anticipated residents and that the identified supportive services will be provided on a consistent, long- term basis. h. (1 point). The extent to which the proposed design incorporates visitability standards and/or universal design in the construction or rehabilitation of the project. Refer to the General Section of the SuperNOFA for further information. i. (2 points). Your involvement of elderly persons, particularly minority elderly persons, in the development of the application and your intent to involve elderly persons, particularly minority elderly persons, in the development and operation of the project. j. (2 points). The extent to which the jurisdiction in which your project will be located has undertaken successful efforts to remove regulatory barriers to affordable housing. (NOTE: To receive up to 2 points, the applicant must have submitted the optional Form HUD-27300, Questionnaire for HUD's Initiative on Removal of Regulatory Barriers, AND provided URL references or submitted the required documentary evidence.) Refer to the General Section of the SuperNOFA for further information. k. (1 point) The extent to which you will promote energy efficiency in the design and operation of the proposed housing. Refer to Section III.C.3.j. of this NOFA. 4. Rating Factor 4: Leveraging Resources (5 Points). This factor addresses your ability to secure other funding sources, including funding sources to develop a mixed-finance project for additional units for the elderly over and above the Section 202 units, if proposed, and community resources that can be combined with HUD's program resources to achieve program purposes. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(a), 3(b), 3(c), 3(d), 3(e), 4(c)(iii) and 5(b) of Section IV.B. of this NOFA. a. (1 point). The extent of local government support (including financial assistance, donation of land, provision of services, etc.) for the project. b. (2 points). The extent of your activities in the community, including previous experience in serving the area where the project is to be located, and your demonstrated ability to enlist volunteers and raise local funds. c. (2 points). The extent of your plans to develop a mixed-finance project for additional units for the elderly over and above the Section 202 units. (1) (1 point). The proposed project involves mixed-financing for additional units in which the non-Section 202 units represent 30 percent or less of the Section 202 units in the project; OR (2) (2 points). The proposed project involves mixed-financing for additional units in which the non-Section 202 units represent over 30 percent of the Section 202 units in the project. Note: If you are proposing a mixed-financed project for additional units over and above the Section 202 units, your application may receive a maximum of 2 points under Rating Factor 4(c). Your application will receive either 1 or 2 points under this Rating Factor, depending upon the number of non-Section 202 units to be developed in the project. If your project will not involve mixed- financing for additional units, no points will be assigned for Rating Factor 4(c). 5. Rating Factor 5: Achieving Results and Program Evaluation (12 Points) This factor reflects HUD's goal to embrace high standards of ethics, management and accountability and, as such, emphasizes HUD's commitment to ensuring that you keep the promises made in your application. This factor requires that you clearly identify the benefits or outcomes of your project and develop an evaluation plan to measure performance, which includes what you are going to measure, how you are going to measure it, and the steps you will have in place to make adjustments to your project development timeline should you not be able to achieve any of the major milestones. Completion of Exhibit 8(j), Logic Model, will assist you in completing your response to this rating factor. This rating factor also addresses the extent to which your project will implement practical solutions that result in residents achieving independent living, educational opportunities, and improved living environments. Finally, this factor addresses the extent to which the long-term viability of your project will be sustained for the duration of the 40-year capital advance period. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(e), 3(g), 3(h), 3(i), 6(b) and 8(j) of Section IV.B. NOFA. a. (5 points). The extent to which your project development timeline is indicative of your full understanding of the development process and will, therefore, result in the timely development of your project. b. (2 points). The extent to which your past performance evidences that the proposed project will result in the timely development of the project. Evidence of your past performance could include the development of previous construction projects, including but not limited to Section 202 and Section 811 projects. c. (2 points). The extent to which your project will implement practical solutions that will result in assisting residents in achieving independent living, educational opportunities, outreach regarding telemarketing fraud, and improved living environments. d. (3 points). The extent to which you demonstrated that your project will remain viable as housing with the availability of supportive services for very low-income elderly persons for the 40-year capital advance period. 6. Bonus Points (2 bonus points). Location of proposed site in an RC/EZ/EC-II area, as described in the General Section. Submit the information responding to the bonus points in accordance with the Application Submission Requirements in Exhibit 8(h) of Section IV.B. of this NOFA. B. Reviews and Selection Process 1. Review for Curable Deficiencies. You should ensure that your application is complete before transmitting it to the following Web site: http://www.grants.gov and, in case of a waiver of the electronic submission requirement, that you have an original and four copies before submitting it to the appropriate HUD office. Upon receipt of the application by HUD staff, HUD will screen all applications to determine if there are any curable deficiencies. For applicants receiving a waiver to submit a paper application, submitting fewer than the required original and four copies of the application is not a curable deficiency and will cause your application to be considered non-responsive to the NOFA and returned to you. A curable deficiency is a missing Exhibit or portion of an Exhibit that will not affect the rating of the application. Refer to the General Section of the SuperNOFA for additional information regarding procedures for corrections to deficient applications. The following is a list of the only deficiencies that will be considered curable in a Section 202 application: [[Page 14214]] [GRAPHIC] [TIFF OMITTED] TN21MR05.278 The local HUD office will notify you in writing if your application is missing any of the above exhibits or portions of exhibits and will provide you with a specified deadline to submit the information required to cure the noted deficiencies. The items identified by an asterisk (\*\) must be dated on or before the application submission date. If an Exhibit or portion of an Exhibit listed above as curable is not discovered as missing until technical processing, HUD will provide you with a deadline to cure the deficiency. 2. Rating. HUD will review and rate your application in accordance with the Reviews and Selection Process in the General Section of this SuperNOFA except as described in 3. Appeal Process below. Your application will be either rated or technically rejected at the end of technical review. If your application meets all program eligibility requirements after completion of technical review, including HUD approval of you, the Section 202 applicant, based on HUD's evaluation of the applicant's previous participation activities as reported on Form HUD-2530, Previous Participation Certification, it will be rated according to the rating factors in Section V.A. above. 3. Appeal Process. HUD will not reject your application based on technical review without notifying you of the rejection with all the reasons for rejection and providing you an opportunity to appeal. You will have 14 calendar days from the date of HUD's written notice to appeal a technical rejection to the local HUD office. In HUD's review of any appeal, it should be noted that in conformance with its regulations at 24 CFR part 4, subpart B, HUD will not consider any unsolicited information that you, the applicant, may want to provide. The local HUD office will make a determination on any appeals before making its selection recommendations. 4. Ranking and Selection Procedures. Applications submitted in response to the advertised metropolitan allocations or nonmetropolitan allocations that have a total base score of 75 points or more (without the addition of RC/EC/EZ-II bonus points) and meet all of the applicable threshold requirements of the General Section of the SuperNOFA and this program NOFA will be eligible for selection, and HUD will place them in rank order per metropolitan or nonmetropolitan allocation. These applications, after adding any bonus points for RC/ EC/EZ-II, will be selected based on rank order, up to and including the last application that can be funded out of each HUD Multifamily Program Center's metropolitan or nonmetropolitan allocation. HUD Multifamily Program Centers will not skip over any applications in order to select one based on the funds [[Page 14215]] remaining. After making the initial selections in each allocation area, however, HUD Multifamily Program Centers may use any residual funds to select the next rank-ordered application by reducing the number of units by no more than 10 percent, rounded to the nearest whole number, provided the reduction will not render the project infeasible. For this purpose, however, HUD will not reduce the number of units in projects of five units or less. Once this process has been completed, HUD Multifamily Program Centers may combine their unused metropolitan and nonmetropolitan funds in order to select the next highest ranked application in either category, using the unit reduction policy described above, if necessary. After the HUD Multifamily Program Centers have funded all possible projects based on the process above, combined metropolitan and nonmetropolitan residual funds from all HUD Multifamily Program Centers within each Multifamily Hub will be combined. First, these funds will be used to restore units to projects reduced by HUD Multifamily Program Centers based on the above instructions. Second, additional applications within each Multifamily Hub will be selected in rank order with only one application selected per HUD Multifamily Program Center. More than one application may be selected per HUD Multifamily Program Center if there are no approvable applications in other HUD Multifamily Program Centers within the Multifamily Hub. This process will continue until there are no more approvable applications within the Multifamily Hub that can be selected with the remaining funds. Applications may not be skipped over to select one based on funds remaining. However, the Multifamily Hub may use any remaining residual funds to select the next highest rated application by reducing the number of units by no more than 10 percent rounded to the nearest whole number, provided the reduction will not render the project infeasible or result in the project being less than five units. Funds remaining after the Multifamily Hub selection process is completed will be returned to Headquarters. HUD Headquarters will use these residual funds first to restore units to projects reduced by HUD Multifamily Program Centers or Multifamily Hubs as a result of the instructions for using their residual funds. Second, HUD Headquarters will use these funds for selecting applications based on HUD Multifamily Program Centers' rankings, beginning with the highest rated application nationwide. However, after restoring units to projects where necessary, priority will be given to those applications for projects in non-metropolitan areas, if necessary to meet the statutory requirement of Section 202 of the Housing Act of 1959 pertaining to Section 202 funding in nonmetropolitan areas. Only one application will be selected per HUD Multifamily Program Center from the national residual amount. If there are no approvable applications in other HUD Multifamily Program Centers, the process will begin again with the selection of the next highest rated application nationwide. This process will continue until all approvable applications are selected using the available remaining funds. HUD Headquarters may skip over a higher-rated application in order to use as much of the available remaining funds as possible. 5. HUD Error. In the event HUD commits an error that, when corrected, would have resulted in the selection of an otherwise eligible applicant during the funding round of the SuperNOFA, HUD may select that applicant when sufficient funds become available. VI. Award Administration Information A. Award Notices 1. Agreement Letter. If you are selected to receive a Section 202 fund reservation, you will receive an Agreement Letter that stipulates the terms and conditions for the Section 202 fund reservation award as well as the submission requirements following the fund reservation award. The duration of the fund reservation award for the capital advance is 18 months from the date of issuance of the fund reservation. Immediately upon your acceptance of the Agreement Letter, you are expected to begin work towards the submission of a Firm Commitment Application, which is the next application submission stage. You are required to submit a Firm Commitment Application to the local HUD office within 180 days from the date of the Agreement Letter. Initial closing of the capital advance and start of construction of the project are expected to be accomplished within the duration of the fund reservation award. Final closing of the capital advance is expected to occur no later than six months after completion of project construction. 2. Non-Selection Letter. If your application is approvable but unfunded due to insufficient funds or receives a rating that is below the minimum threshold score established for funding eligibility, you will receive a letter to this effect. 3. Debriefing. Refer to the General Section of the SuperNOFA for further information regarding debriefings, except that the request for a debriefing must be made to the Director of Multifamily Housing in the appropriate local HUD office. B. Administrative and National Policy Requirements 1. Ensuring the Participation of Small Businesses, Small Disadvantaged Businesses, and Women-Owned Businesses. Although the Section 202 program is not subject to the provisions of 24 CFR 85.36(e) as described in the corresponding paragraph in the General Section of the SuperNOFA, you are required to comply with Executive Order 12432, Minority Business Enterprise Development and Executive Order 11625, Prescribing Additional Arrangements for Developing and Coordinating a National Program for Minority Business Enterprise as they relate to the encouragement of HUD grantees to utilize minority business enterprises. 2. Acquisition and Relocation. You must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (49 CFR part 24, and 24 CFR 891.155(e)) (URA), which covers the acquisition of sites, with or without existing structures, and with 24 CFR 8.4(b)(5) of the Section 504 regulations which prohibits discrimination based on disability in determining the site or location of a federally-assisted facility. However, you are exempt from complying with the site acquisition requirements of the URA if you do not have the power of eminent domain and prior to entering into a contract of sale, option to purchase or any other method of obtaining site control, you inform the seller of the land in writing: (1) that you do not have the power of eminent domain and, therefore, you will not acquire the property if negotiations fail to result in an amicable agreement, and (2) of the estimate of the fair market value of the property. An appraisal is not required to meet this requirement, however, your files must include an explanation (with reasonable evidence) of the basis for the estimate. Evidence of compliance with this advance notice requirement must be included in Exhibit 4(d)(iv) of your application. 3. Flood Disaster Protection Act of 1973 and Coastal Barrier Resources Act. You must comply with the requirements under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128) and the Coastal Barrier Resources Act (16 U.S.C. 3601). [[Page 14216]] C. Reporting 1. The Program Outcome Logic Model (Form HUD-96010) must be completed indicating the results achieved against the proposed output goal(s) and proposed outcomes(s) which you stated in your approved application and agreed upon by HUD. 2. The Regulatory Agreement (Form HUD-92466-CA) requires the Owner of the Section 202 project to submit an annual financial statement for the project. This financial statement must be audited by an Independent Public Accountant who is a Certified Public Accountant or other person accepted by HUD and filed electronically with HUD's Real Estate Assessment Center (REAC) through the Financial Assessment Subsystem for Multifamily Housing (MF-FASS). The submission of annual financial statements is required throughout the 40-year term of the mortgage. 3. HUD requires that funded recipients collect racial and ethnic beneficiary data. It has adopted the Office of Management and Budget's Standards for the Collection of Racial and Ethnic Data. In view of these requirements, you should use Form HUD-27061, Racial and Ethnic Data Reporting Form (and instructions for its use), found at http:// www.hudclips.org, a comparable program form, or a comparable electronic data system for this purpose. VII. Agency Contact(s) For Technical Assistance. For technical assistance in downloading an application package from http://www.grants.gov, contact the Grants.gov help desk at 800-518-Grants or by sending an email to [email protected]. For programmatic information, you may contact the appropriate local HUD office, or Evelyn Berry at HUD Headquarters at (202) 708-3000 (this is not a toll-free number), or access the Internet at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Persons with hearing and speech impairments may access the above number via TTY by calling the Federal Relay Service at 1-800-877-8339 (this is a toll- free number). VIII. Other Information A. Field Office Workshop HUD encourages minority organizations and grassroots organizations (e.g., civic organizations, faith-communities and grassroots faith- based and other community-based organizations) to participate in this program and strongly recommends that prospective applicants attend the local HUD office workshop. At the workshops, HUD will explain application procedures and requirements, as well as address concerns such as local market conditions, building codes and accessibility requirements, contamination identification and remediation, historic preservation, floodplain management, other environmental requirements, displacement and relocation, zoning, and housing costs. If you are interested in attending the workshop, make sure that your name, address and telephone number are on the appropriate local HUD office's mailing list so that you will be informed of the date, time and place of the workshop. Persons with disabilities should call the appropriate local HUD Office to assure that any necessary arrangements can be made to enable their attendance and participation in the workshop. If you cannot attend the workshop, call the appropriate local HUD office if you have any questions concerning the submission of applications to that particular office and to request any materials distributed at the workshop. B. Satellite Broadcast HUD will hold an information broadcast via satellite for potential applicants to learn more about the program and preparation of the application. It is strongly recommended that potential applicants, especially those who may be applying for Section 202 funding for the first time, tune in to this broadcast, if at all possible. Copies of the broadcast tapes are also available from the NOFA Information Center. For more information about the date and time of the broadcast, you should consult the HUD web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. C. Related Programs Funding for a related program, Section 202 Demonstration Planning Grant Program, is available to provide predevelopment grants to private nonprofit organizations and consumer cooperatives in connection with the development of housing under the Section 202 program. The announcement of the availability of funding under this program will be addressed in a separate NOFA. D. Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2502-0267. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 37.42 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits derived. [[Page 14217]] [GRAPHIC] [TIFF OMITTED] TN21MR05.279 [[Page 14218]] [GRAPHIC] [TIFF OMITTED] TN21MR05.280 [[Page 14219]] [GRAPHIC] [TIFF OMITTED] TN21MR05.281 [[Page 14220]] [GRAPHIC] [TIFF OMITTED] TN21MR05.282 [[Page 14221]] [GRAPHIC] [TIFF OMITTED] TN21MR05.283 [[Page 14222]] [GRAPHIC] [TIFF OMITTED] TN21MR05.284 [[Page 14223]] [GRAPHIC] [TIFF OMITTED] TN21MR05.285 [[Page 14224]] [GRAPHIC] [TIFF OMITTED] TN21MR05.286 [[Page 14225]] [GRAPHIC] [TIFF OMITTED] TN21MR05.287 [[Page 14226]] [GRAPHIC] [TIFF OMITTED] TN21MR05.288 [[Page 14227]] [GRAPHIC] [TIFF OMITTED] TN21MR05.289 [[Page 14228]] Section 811 Program of Supportive Housing for Persons with Disabilities (Section 811 Program) Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Housing B. Funding Opportunity Title: Section 811 Supportive Housing for Persons with Disabilities C. Announcement Type: Initial announcement. D. Funding Opportunity Number: OMB Approval Number: 2502-0462. The Federal Register number for this NOFA is: FR-4950-N-20. E. Catalog of Federal Domestic Assistance (CFDA) Number: 14.181, Section 811 Supportive Housing for Persons with Disabilities F. Dates: Application Submission Date: May 24, 2005. Refer to Section IV. below and the General Section for information on application submission requirements. G. Optional, Additional Overview Content Information: 1. Purpose of the Program. This program provides funding for the development and operation of supportive housing for very low-income persons with disabilities who are at least 18 years old. If you receive funding through this program, you must assure that supportive services are identified and available. 2. Available Funds. Approximately $95.8 million in capital advance funds, plus associated project rental assistance contract (PRAC) funds and any carryover funds available. 3. Types of Funds. Capital advance funds will cover the cost of developing the housing. PRAC funds will cover the difference between the HUD-approved operating costs of the project and the tenants' contributions toward rent (30 percent of their adjusted monthly income). 4. Eligible Applicants. Nonprofit organizations that have a section 501(c)(3) tax exemption from the Internal Revenue Service. (See Section VI.B.6. below of this program NOFA for further details and information regarding the formation of the Owner corporation.) 5. Eligible Activities. New construction, rehabilitation, or acquisition (with or without rehabilitation) of housing. (See Section III.C.1. below of this program NOFA for further information.) 6. Match Requirements. None required. 7. Local HUD Offices. The local HUD office structure, for the purpose of implementing the Section 811 program, consists of 18 Multifamily Hub Offices. Within the Multifamily Hubs, there are Multifamily Program Centers with the xception of the New York Hub, the Buffalo Hub, the Denver Hub and the Los Angeles Hub. All future references shall use the term ``local HUD office'' unless a more detailed description is necessary as in Limitations on Applications and Ranking and Selection Procedures, below. Full Text of Announcement I. Funding Opportunity Description A. Program Description. HUD provides capital advances and contracts for project rental assistance in accordance with 24 CFR part 891. Capital advances may be used for the construction or rehabilitation of a structure or acquisition of a structure with or without rehabilitation (including structures from the Federal Deposit Insurance Corporation (FDIC)), to be developed into a variety of housing options described in Section III.C. Capital advance funds bear no interest and are based on development cost limits in Section IV.E.3. Repayment of the capital advance is not required as long as the housing remains available for occupancy by very low-income persons with disabilities for at least 40 years. PRAC funds are used to cover the difference between the tenants' contributions toward rent (30 percent of adjusted income) and the HUD- approved cost to operate the project. B. Authority. 42 U.S.C. 8013 (Section 811 of the Cranston-Gonzalez National Affordable Housing Act (Pub. L. 101-625, approved November 28, 1990)(NAHA), as amended by the Housing and Community Development Act of 1992) (Pub. L. 102-550, approved October 28, 1992)(HCD Act of 1992); the Rescissions Act (Pub. L. 104-19, approved July 27, 1995); the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106-569, approved December 27, 2000) and the Consolidated Appropriations Act, 2005, (Pub. L.108-447, approved December 8, 2004) authorized a new supportive housing program for persons with disabilities, and replaced assistance for persons with disabilities previously covered by section 202 of the Housing Act of 1959 (section 202 continues, as amended by section 801 of the NAHA, and the HCD Act of 1992, to authorize supportive housing for the elderly)). C. Eligible Occupancy. You may propose a Section 811 project to serve persons with physical disabilities, developmental disabilities, chronic mental illness, or any combination of the three as defined in 24 CFR 891.305. In addition, you may request HUD approval to restrict occupancy to a subcategory of one of these three defined categories (e.g., HIV/AIDS is a subcategory of physical disability). If restricted occupancy is approved, however, you cannot deny occupancy to any otherwise qualified person that meets the definition of the overall category of disability under which the subcategory falls. D. Calculation of Fund Reservation. If selected, you will receive a fund reservation that will consist of both a reservation of capital advance funds and a reservation of contract authority (one year) and budget authority (five years) for project rental assistance. 1. Capital advance funds. The reservation of capital advance funds is based on a formula which, for an independent living project (including condominiums), takes the development cost limit for the appropriate building type (elevator, non-elevator) and unit size(s) and multiplies it by the number of units of each size (including a unit for a resident manager, if applicable) and then multiplies the result by the high cost factor for the area. For a group home, the formula is based on the number of persons with disabilities in the appropriate disability category (excluding any unit for a resident manager since such a unit is already incorporated in the development cost limit) multiplied by the high cost factor for the area. The development cost limits can be found in Section IV.E.3. of this program section of the SuperNOFA. 2. PRAC funds. The PRAC contract authority is determined by multiplying the number of units for residents with disabilities in an independent living project or the number of residents with disabilities in a group home by the appropriate operating cost standard. The PRAC budget authority is determined by multiplying the PRAC contract authority by 5 (years). The operating cost standards will be published by Notice. II. Award Information A. Available Funds. For FY 2005, approximately $95.8 million is available for capital advances for the Section 811 Program of Supportive Housing for Persons with Disabilities. The Consolidated Appropriations Act, 2005 (Pub. L. 108-447, approved December 8, 2004) provides $240,000,000 for capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities as authorized by section 811 of the National Affordable Housing Act of 1990 (NAHA); for project rental assistance for supportive housing for [[Page 14229]] persons with disabilities under section 811 of the NAHA, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a one-year term and for tenant- based rental assistance contracts and renewal of expiring contracts for such assistance entered into pursuant to section 811 of the NAHA, and $450,000to be transferred to the Working Capital Fund, all of which is subject to a .8% across-the-board rescission pursuant to Public Law 108-447. $38,890,000 will be provided for tenant-based rental assistance for persons with disabilities administered through public housing agencies (PHAs) and nonprofit organizations under the Mainstream Housing Opportunities for Persons with Disabilities Program and $50,000,000 will be provided for one-year renewal costs of Section 811 rental assistance. In accordance with the waiver authority provided in the Consolidated Appropriations Act, 2005, the Secretary is waiving the following statutory and regulatory provision: The term of the project rental assistance contract is reduced from 20 years to 5 years. HUD anticipates that at the end of the contract terms, renewals will be approved subject to the availability of funds. In addition to this provision, HUD will reserve project rental assistance contract funds based on 75 percent rather than on 100 percent of the current operating cost standards for approved units in order to take into account the average tenant contribution toward rent. The allocation formula used for Section 811 reflects the ``relevant characteristics of prospective program participants,'' as specified in 24 CFR 791.402(a). The FY2005 formula consists of the following data element from the 2000 Census: the number of non-institutionalized persons age 16 to 64 with a disability. The data on disability status were derived from answers to a two-part question that asked about the existence of the following long-lasting conditions: (a) blindness, deafness, or a severe vision or hearing impairment (sensory disability) and (b) a condition that substantially limits one or more basic physical activities, such as walking, climbing stairs, reaching, lifting, or carrying (physical disability); and a four-part question that asked if the individual had a physical, mental, or emotional condition lasting 6 months or more that made it difficult to perform certain activities. The four activity categories were: (a) Learning, remembering, or concentrating (mental disability); (b) dressing, bathing, or getting around inside the home (self-care disability); (c) going outside the home alone to shop or visit a doctor's office (going outside the home disability); and (d) working at a job or business (employment disability). Under the Section 811 Program, each local HUD office jurisdiction receives sufficient capital advance funds for a minimum of 10 units. The total amount of capital advance funds to support this minimum set- aside is then subtracted from the total capital advance available. The remainder is fair shared to each local HUD office jurisdiction whose fair share would exceed the set-aside based on the allocation formula fair share factors described below. The fair share factors were developed by taking the count of disabilities in the data element for each state, or state portion, of each local HUD office jurisdiction as a percent of the data element from the 2000 Census, described above, for the total United States. The resulting percentage for each local HUD office is then adjusted to reflect the relative cost of providing housing among the local HUD office jurisdictions. The adjusted needs percentage for each local HUD office is then multiplied by the total amount of capital advance funds available nationwide. The Section 811 capital advance funds have been allocated, based on the formula above, to 51 local HUD offices as shown on the following chart: [[Page 14230]] [GRAPHIC] [TIFF OMITTED] TN21MR05.290 [[Page 14231]] [GRAPHIC] [TIFF OMITTED] TN21MR05.291 [[Page 14232]] [GRAPHIC] [TIFF OMITTED] TN21MR05.292 B. Type of Award. Capital Advance and Project Rental Assistance Contract Funds for new Section 811 applications. C. Type of Assistance Instrument. The Agreement Letter stipulates the terms and conditions for the Section 811 fund reservation award as well as the submission requirements following the fund reservation award. The duration of the fund reservation award for the capital advance is 18 months from the date of issuance of the fund reservation. D. Anticipated Start and Completion Date. Immediately upon your acceptance of the Agreement Letter, you are expected to begin work toward the submission of a Firm Commitment Application, which is the next application submission stage. You are required to submit a Firm Commitment Application to the local HUD office within 180 days from the date of the Agreement Letter. Initial closing of the capital advance and start of construction of the project are expected to be accomplished within the duration of the fund reservation award as indicated in the above paragraph regarding the Type of Assistance Instrument. Final closing of this capital advance is expected to occur no later than six months after completion of project construction. III. Eligibility Information A. Eligible Applicants: Nonprofit organizations with a section 501(c)(3) tax exemption from the Internal Revenue Service and who meet the threshold requirements contained in the General Section of the SuperNOFA and Section III.C.2. below are the only eligible applicants for this program. Applicant eligibility for purposes of applying for a Section 811 fund reservation under this NOFA has not changed; i.e., all Section 811 Sponsors and Co-Sponsors must be nonprofit organizations. However, the Owner corporation, when later formed by the Sponsor, may be (1) a single-purpose nonprofit organization that has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code (IRS) of 1986, OR (2) for purposes of developing a mixed-finance project pursuant to the statutory provision under Title VIII of the American Homeownership and Economic Opportunity Act of 2000, a for-profit limited partnership with a nonprofit organization that has tax exempt status under Section 501(c)(3) of the IRS code as the sole general partner. See Section IV.E.2. below regarding limits on the total number of units and projects for which you may apply for funding. B. Cost Sharing or Matching: No cost sharing or match is required; however, you are required to make a commitment to cover the estimated start-up expenses, the minimum capital investment of one half of one percent of the HUD-approved capital advance, not to exceed $10,000, and any funds required in excess of the capital advance, including the estimated cost of any amenities or features (and operating costs related thereto) which are not covered by the capital advance. You must make such a commitment by signing the form HUD-92042, Sponsor's Resolution for Commitment to Project, in Exhibit 8(g) of the application found in Section IV.B. below. C. Other: 1. Eligible Activities. Section 811 capital advance funds must be used to finance the development of housing through new construction, rehabilitation, or acquisition with or without rehabilitation. Capital advance funds may also be used in combination with other non-Section 811 funding sources leveraged by a for-profit limited partnership (of which a single-purpose nonprofit organization with a 501(c)(3) tax exemption is the sole general partner) to develop a mixed-finance project, including a mixed-finance project for additional units over and above the Section 811 units. The development of a mixed-use project in which the Section 811 units are mortgaged separately from the other uses of the structure is not considered a mixed-finance project. Project rental assistance funds are provided to cover the difference between the HUD-approved operating costs and the amount the residents pay (each resident pays 30 percent of adjusted income). The types of housing that can be developed with Section 811 capital advance funds include independent living projects, dwelling units in [[Page 14233]] multifamily housing developments, condominium and cooperative housing and small group homes. Note: For purposes of approving Section 811 capital advances, HUD will consider proposals involving mixed-financing for additional units over and above the Section 811 units if you have legal control of an approvable site and the additional units do not cause the project, as a whole, to exceed the project size limits if the additional units will also house persons with disabilities (unless your project will be an independent living project and you request and receive HUD approval to exceed the project size limits (See IV.B.2.c.(1)(d)(xii).) However, you must obtain funds to assist the additional units with other than PRAC funds. HUD will not provide PRAC funds for non-Section 811 units. 2. Threshold Criteria for Funding Consideration. In addition to the threshold criteria outlined in the General Section of the SuperNOFA (such as the inclusion of a DUN and Bradstreet Data Universal Numbering System (DUNS) Number on the SF-424), the following threshold requirements must be met: a. Non-Responsive Application. Your application will be considered non-responsive to the NOFA and will not be accepted for processing if you: (1) Submit less than the required number of copies (an original and four copies are required if you requested and received approval for a waiver of the electronic submission requirement). Refer to the General Section of the SuperNOFA for information on application submission and receipt procedures; (2) Request more units than were allocated to the local HUD office that will be reviewing your application (See the allocation chart in Section II.A. above); (3) Request less than the minimum number of units for persons with disabilities in an independent living project (5 units) or a group home (2 units); (4) Request more than the maximum number of units for a group home (6 units); or (5) Request assistance for housing that you currently own or lease that has been occupied by people with disabilities for longer than one year prior to the application deadline date. b. Other Criteria. (1) You, or a Co-Sponsor, must have experience in providing housing or services to persons with disabilities. (2) You and any Co-Sponsor must be eligible nonprofit organizations with tax exempt status under Section 501(c)(3) of the Internal Revenue Service code. (3) Your application must contain evidence of site control or the identification of a site. Section 811(d)(3) of the National Affordable Housing Act requires you to provide either evidence of site control or a reasonable assurance that you will have control of a site within six months of the date of the Agreement Letter notifying you that you have been selected to receive a Section 811 fund reservation. Accordingly, you must include in your application, the required information specified below for evidence of site control, or the required information specified below under site identification as a reasonable assurance that site control will be obtained within six months of the date of the Agreement Letter. If you submit the required information for an identified site(s), you must include a specific street address for each identified site or the application will be rejected. (a) Evidence of Site Control--If you have control of a site at the time you submit your application, you must provide the information in Exhibit 4(d) in IV.B. of this program section of the SuperNOFA relative to site control; or (b) Site Identification--If you do not have site control of one or more of your sites, you must provide the information required in Exhibit 4(e) in IV.B. of this program section of the SuperNOFA under ``Identification of a Site'' for any site not under control as a reasonable assurance that site control will be obtained within six months of fund reservation notification. If your application contains evidence of site control where either the evidence or the site is not approvable, your application will not be rejected provided you indicate in your application that you are willing to seek an alternate site and provide an assurance that site control will be obtained within six months of fund reservation notification. During the selection process, all applications with acceptable evidence of site control for all proposed sites and all proposed sites that have been found approvable will be grouped in Category A. All applications that are submitted as ``site identified'' as well as those that are submitted with site control but the evidence of control and/or site(s) are not approvable (if the Sponsor indicates that it is willing to seek a different site if the proposed site is unapprovable) will be grouped in Category B. All applications in Category A will be selected before any applications are selected from Category B. See Section V.B.4. for further information on the selection process. (c) Historic Preservation. If you submit an application with evidence of site control, you are required to send a letter to the State/Tribal Historic Preservation Officer (SHPO/THPO) that attempts to initiate consultation with their office and requests their review of your determinations and findings with respect to the historical significance of your proposed project. Appendix B to this program section of the SuperNOFA contains a sample letter to the SHPO/THPO that you may adapt for your use, if you so choose. You must include a copy of your letter to the SHPO/THPO in your application. You must then also include in your application either: (i) The response letter(s) from the SHPO/THPO, or (ii) A statement from you that you have not received a response letter(s) from the SHPO/THPO. (d) Contamination. HUD must determine if a proposed site contains contamination and, if so, HUD must be satisfied that it is eliminated to the extent necessary to meet non site-specific Federal, State or local health standards. If you submit an application with evidence of site control, you must assist HUD by doing the following: (i) Phase I Environmental Site Assessment (ESA)--You must submit a Phase I ESA, prepared in accordance with the ASTM Standards E 1527-00, as amended, completed or updated no earlier than six months prior to the application deadline date, in order for the application to be considered as an application with site control. The Phase I ESA must be completed and included in your application. Therefore, it is important that you start the Phase I ESA process as soon after publication of the SuperNOFA as possible. To help you choose an environmentally safe site, HUD invites you to review the document ``Choosing An Environmentally Safe Site'' which is available on HUD's web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm and the ``Supplemental Guidance, Environmental Information'' in Appendix C to this program section of the SuperNOFA. (ii) Phase II ESA--If the Phase I ESA indicates the possible presence of contamination and/or hazards, you must decide whether to continue with this site or choose another site. Should you choose another site, the same Phase I ESA process identified above must be followed for the new site. However, if you choose to continue with the original site on which the Phase I ESA indicated contamination or hazards, you must undertake a detailed Phase II ESA by an appropriate professional. In order for your application to be considered as an application with site control, the Phase II must be received in the local HUD office on or before June 23, 2005. (iii) Clean-up--If the Phase II ESA reveals site contamination, the extent of [[Page 14234]] the contamination and a plan for clean-up of the site must be submitted to the local HUD office. The plan for clean-up must include a contract for remediation of the problem(s) and an approval letter from the applicable federal, state, and/or local agency with jurisdiction over the site. In order for your application to be considered as an application with site control, this information must be received by the appropriate local HUD office on or before June 23, 2005. Note: Clean-up could be an expensive undertaking. You must pay for the cost of any clean-up and/or remediation. If the application is approved, clean-up must be completed prior to initial closing. Completion of clean-up means that HUD must be satisfied that the contamination has been eliminated to the extent necessary to meet non site-specific federal, state or local health standards, with no active or passive remediation still taking place, no capping over of any contamination, and no monitoring wells. However, it is acceptable if contamination remains solely in groundwater that is at least 25 feet below the surface. (e) Asbestos. Asbestos is a hazardous substance commonly used in building products until the late 1970s. Therefore, if you submit an application with evidence of site control, you must submit one of the following with your application: (i) If there is no pre-1978 structure on the site, a statement to this effect, or (ii) If there is a pre-1978 structure on the site, an asbestos report which is based on a thorough inspection to identify the location and condition of asbestos throughout any structures. In those cases where suspect asbestos is found, it would either be assumed to be asbestos or would require confirmatory testing. If the asbestos report indicates the presence of asbestos or the presence of asbestos is assumed, and if the application is approved, HUD will condition the approval on an appropriate mix of asbestos abatement and an asbestos Operations and Maintenance Plan. (4) There must be a market need for the number of units proposed in the area of the project location. (5) Your application must contain a Supportive Services Plan and a Certification from the appropriate state or local agency that the Supportive Services Plan is well designed to address the individual health, mental health and other needs of persons with disabilities who will live in your proposed project. Exhibit 5 in Section IV.B. of this program section of the SuperNOFA, below, outlines the information that must be in the Supportive Services Plan. You must submit one copy of your Supportive Services Plan to the appropriate State or local agency well in advance of the application submission deadline date for the state or local agency to review your Supportive Services Plan and complete the Supportive Services Certification and return it to you so that you can include it in the application you submit to HUD. (i) HUD will reject your application if the Supportive Services Certification: A Is not submitted with your application and is not submitted to HUD within the 14-day cure period; or B Indicates that the provision of supportive services is not well designed to address the individual health, mental health and other needs of persons with disabilities who will live in your project; or C Indicates that the provision of supportive services will not enhance independent living success or promote the dignity of the persons with disabilities who will live in your proposed project. (ii) In addition, if the agency completing the certification will be a major funding or referral source for your proposed project or be responsible for licensing the project, HUD will reject your application if either the agency's Supportive Services Certification indicates--or, where the agency fails to complete item 3 or 4 of the certification, HUD determines that: A You failed to demonstrate that supportive services will be available on a consistent, long-term basis; and/or B The proposed housing is not consistent with state or local agency plans/policies addressing the housing needs of people with disabilities. Any prospective resident of a Section 811 project who believes he/ she needs supportive services must be given the choice to be responsible for acquiring his/her own services or to take part in your Supportive Services Plan which must be designed to meet the individual needs of each resident. You must not require residents to accept any supportive services as a condition of occupancy or admission. (6) Delinquent Federal Debt. Refer to the General Section of the SuperNOFA for information regarding delinquent federal debt. 3. Program Requirements. By signing Form HUD-92016-CA, Supportive Housing for Persons with Disabilities Section 811, Application for Capital Advance Summary Information, you are certifying that you will comply with the program requirements listed in the General Section of the SuperNOFA as well as the following requirements: a. Statutory and Regulatory Requirements. In addition to the statutory, regulatory, threshold and public policy requirements listed in the General Section of the SuperNOFA, you must comply with all statutory and regulatory requirements listed in Sections I and III of this program NOFA. b. Project Size Limits. (1) Independent living project. The minimum number of units for persons with disabilities that can be applied for in one application is five units for persons with disabilities. All of the units are not required to be in one structure and they may be on scattered sites. The maximum number of persons with disabilities that can be housed in an independent living project on one or adjacent sites is 14 plus one additional one-or two-bedroom unit for a resident manager, if necessary. If the proposed independent living project will be located on a site already containing housing for persons with disabilities or on an adjacent site containing such housing, the total number of persons with disabilities housed in both the existing and the proposed project cannot exceed 14. (2) Exception to project size limit for an independent living project. If you are submitting an application for an independent living project with site control, you may request an exception to the above project size limit by providing the information required in Exhibit 4(d)(xii) of Section IV.B. below in this program section of the SuperNOFA. (3) Group home. The minimum number of persons with disabilities that can reside in a group home is two, and the maximum number is six. There are no exceptions to the maximum project size limit for a group home. An additional one-bedroom unit can be provided for a resident manager. Only one person per bedroom is allowed, unless two residents choose to share one bedroom or a resident determines he/she needs another person to share his/her bedroom. If you are applying for more than one group home, they cannot be located on the same or adjacent sites. (4) Condominium Units. Condominium units are treated the same as units in an independent living project except that you cannot request an additional condominium unit for a resident manager. c. Minimum Capital Investment. If selected, you must provide a minimum capital investment of one-half of one percent of the HUD- approved capital advance amount, not to exceed a maximum of $10,000 in accordance with 24 CFR 891.145. d. Accessibility. Your project must meet accessibility requirements published at 24 CFR 891.120, 24 CFR 891.310 and Section 504 of the [[Page 14235]] Rehabilitation Act of 1973, and, if new construction, the design and construction requirements of the Fair Housing Act and HUD's implementing regulations at 24 CFR part 100. In addition, 24 CFR 8.4(b)(5) prohibits the selection of a site or location which has the purpose or effect of excluding persons with disabilities from the Federally assisted program or activity. HUD will award higher points to applications that add accessible design features beyond those required under civil rights laws and regulations. Refer to Section V.A. below and the General Section of the SuperNOFA for information regarding the policy priority of encouraging accessible design. e. Conducting Business in Accordance With Core Values and Ethical Standards. You are not subject to the requirements of 24 CFR parts 84 and 85 as outlined in the General Section of the SuperNOFA except for the disposition of real property, which may be subject to 24 CFR Part 84. However, you are still subject to the core values and ethical standards as they relate to the conflict of interest provisions in 24 CFR 891.130. To ensure compliance with the program's conflict of interest provisions, you are required to sign a Conflict of Interest Resolution and include it in your Section 811 application. Further, if awarded a Section 811 fund reservation, the officers, directors, board members, trustees, stockholders and authorized agents of the Section 811 Sponsor and Owner entities will be required to submit to HUD individual certifications regarding compliance with HUD's conflict of interest requirements. f. National Environmental Policy Act. You must comply with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and applicable related environmental authorities at 24 CFR 50.4, HUD's programmatic implementing regulations at 24 CFR part 50 and 24 CFR 891.155(b), especially, but not limited to, the provision of information to HUD at 24 CFR 50.31(b), and you must comply with any environmental ``conditions and safeguards'' at 24 CFR 50.3(c). Under 24 CFR Part 50, HUD has the responsibility for conducting the environmental reviews. HUD cannot approve any site for which you have site control unless it first completes the environmental review. In rare cases where HUD is not able to complete the environmental review, it is due to a complex environmental issue that could not be resolved during the time period allocated for application processing. Thus, if you submit an application with evidence of site control, HUD requires you to attempt to obtain comments from the State/Tribal Historic Preservation Officer (see Exhibit 4(d)(ix) of Section IV.B. below) to help HUD complete the environmental review on time. It is also why HUD may contact you for additional environmental information. So that you can review the type of information that HUD needs for its preparation of the environmental review as well as the type of information requests that HUD may make to you, you are invited to go to the following web site to view the HUD form 4128, including the Sample Field Notes Checklist, which HUD uses to record the environmental review: www.hud.gov/utilities/intercept.cfm?/offices/cpd/energyenviron/environment/compliance/forms/4128.pdf. g. Lead-Based Paint. You must comply with the requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) and implementing regulations at 24 CFR part 35. h. Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects. Refer to the General Section of the SuperNOFA for information regarding Executive Order 13202. i. Fair Housing Requirements. Refer to the General Section of the SuperNOFA for information regarding fair housing requirements. j. Economic Opportunities for Low and Very Low-Income Persons (Section 3). You must comply with Section 3 of the Housing and Urban Development Act of 1968, U.S.C. 1701u (Economic Opportunities for Low and Very Low-Income Persons) and its implementing regulations at 24 CFR part 135. You must ensure that training, employment and other economic opportunities shall, to the greatest extent feasible, be directed toward low and very low-income persons, particularly those who are recipients of government assistance for housing and to business concerns which provide economic opportunities to low and very-low income persons. To comply with Section 3 requirements you are hereby certifying that you will strongly encourage your general contractor and subcontractors to participate in local apprenticeship programs or training programs registered or certified by the Department of Labor's Office of Apprenticeship, Training, Employer and Labor Services or recognized State Apprenticeship Agency. k. Design and Cost Standards. You must comply with HUD's Section 811 project design and cost standards (24 CFR 891.120 and 891.310), the Uniform Federal Accessibility Standards (24 CFR 40.7), Section 504 of the Rehabilitation Act of 1973 and HUD's implementing regulations at 24 CFR part 8, and for covered multifamily dwellings designed and constructed for first occupancy after March 13, 1991, the design and construction requirements of the Fair Housing Act and HUD's implementing regulations at 24 CFR part 100, and, where applicable, the Americans with Disabilities Act of 1990. HUD has adopted a wide-ranging energy action plan for improving energy efficiency in all program areas. As a first step in implementing the energy plan, HUD, the Environmental Protection Agency (EPA) and the Department of Energy (DoE) have signed a joint partnership to promote energy efficiency in HUD's affordable housing efforts and programs. The purpose of the Energy Star partnership is to promote energy efficiency of the affordable housing stock, but also to help protect the environment. Although it is not a requirement, you are nonetheless encouraged to promote energy efficiency in design and operations and your application will receive one (1) point if you describe your plans for doing so in the proposed project. You are especially urged to purchase and use Energy Star-labeled products. Program activities can include developing Energy Star promotional and information materials, outreach to low- and moderate-income renters on the benefits and savings when using Energy Star products and appliances, and promoting the designation of community buildings and homes as Energy Star compliant. For further information about Energy Star, see http://www.energystar.gov or call 888-STAR-YES (1-888-782-7937) or for the hearing-impaired, 888-588-9920 TTY. l. Formation of Owner Corporation. You must form an ``Owner'' entity (in accordance with 24 CFR 891.305) after issuance of the capital advance fund reservation and must cause the Owner entity to file a request for determination of eligibility and a request for capital advance, and must provide sufficient resources to the Owner entity to ensure the development and long-term operation of the project, including capitalizing the Owner entity at firm commitment processing in an amount sufficient to meet its obligations in connection with the project over and above the capital advance amount. m. Davis-Bacon. You must comply with the Davis-Bacon Requirements (42 U.S.C. 8013(j)(6)) and the Contract Work [[Page 14236]] Hours and Safety Standards Act in accordance with 24 CFR 891.155(d). IV. Application and Submission Information A. Address to Request Application Package. All information required to complete and return a valid application is included in the General Section and this program section of the SuperNOFA, including the appendices. Copies of the General Section, this program section, the required forms, and appendices, are available and may be downloaded from the Grants.gov Web site at www.Grants.gov. You may request general information, copies of the General Section and program section of the SuperNOFA (including appendices), and required forms from the NOFA Information Center (800-HUD-8929 or 800- HUD-2209 (TTY)) Monday through Friday, except on federal holidays. When requesting information, please refer to the name of the program you are interested in. B. Content and Form of Application Submission. The exhibits to be included in your application are contained in the body of this program section of the SuperNOFA below. There will not be a separate Application Kit provided this year. Before preparing your application, you should carefully review the requirements of the regulations (24 CFR Part 891) and general program instructions in Handbook 4571.2, Section 811 Capital Advance Program for Housing Persons with Disabilities. Note: Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure, 72 Stat. 967) applies to all information supplied in the application submission. (18 U.S.C. 1001, among other things, provides that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.) The Application for a Section 811 Capital Advance consists of four parts with a total of eight Exhibits. Included with the eight Exhibits are prescribed forms, certifications and resolutions. The components of the Application are: Part 1--Application Form for Section 811 Supportive Housing-- Capital Advance (Exhibit 1). Part 2--Your Ability To Develop and Operate the Proposed Project (Exhibits 2 and 3). Part 3--The Need for Supportive Housing for the Target Population in the Area to be Served, Site Control and/or Identification of Site, Suitability of Site, Adequacy of the Provision of Supportive Services and of the Proposed Project (Exhibits 4 and 5). Part 4--General Application Requirements, Certifications and Resolutions (Exhibits 6 through 8). Appendix A--Listing of Local HUD Offices. Appendix B--Letter Requesting SHPO/THPO Review. Appendix C--Supplemental to Choosing An Environmentally Safe Site. Your application must include all of the information, materials, forms, and exhibits listed below (unless you were selected for a Section 811 fund reservation within the last three funding cycles). If you qualify for this exception, you are not required to submit the information described in Exhibit 2(a), (b), and (c), which are the articles of incorporation (or other organizational documents), by-laws, and the IRS tax exemption, respectively. If there has been a change in any of these documents since your previous HUD approval, you must submit the updated information in your application. The local HUD office will verify your indication of previous HUD approval by checking the project number and approval status with the appropriate local HUD office based on information submitted. In addition to this relief of paperwork burden in preparing applications, you are able to use information and exhibits previously prepared for prior applications under Section 811, Section 202, or other funding programs. Examples of exhibits that may be readily adapted or amended to decrease the burden of application preparation include, among others, those on previous participation in the Section 202 or Section 811 programs, your experience in the provision of housing and services, supportive services plans, community ties, and experience serving minorities. For programmatic information, you MUST contact the appropriate local HUD office about the submission of applications within the jurisdiction of that Office. (as well as information relating to the Phase I Environmental Site Assessment, Exhibit 4(d)(vii).) Note: You may apply for a scattered site project in one application. Please submit your application using the following format provided in this program section of the SuperNOFA. Unless you received a waiver of the electronic application submission, you must number the pages of each file, narratives and other attached files. Include the name of your organization and your DUNS number on the header of each document. 1. Table of Contents (This is also to be used as a checklist to assist you in submitting a complete application. For applicants who received a waiver of the electronic application submission, after your application is complete, you must insert the page number after each Exhibit or portion of the Exhibit item listed below.) a. Part I--Application Form for Section 811 Supportive Housing--Capital Advance (1) Exhibit 1: Form HUD-92016-CA, Supportive Housing for Persons with Disabilities Section 811, Application for Capital Advance Summary Information. b. Part II--Your Ability to Develop and Operate the Proposed Project (1) Exhibit 2: Your Legal Status (a) Articles of Incorporation (or other organizational documents). (b) By-laws. (c) IRS Tax Exemption Ruling. (Exception: See Exhibit to Determine if You May be Exempt from Submitting These Documents.) (d) The number of people on your board and the number of board members who have disabilities. (2) Exhibit 3: Your purpose, community(ties) and experience: (a) Purpose(s), current activities, how long you have been in existence. (b) Ties to the community at large, to the target population, and description of geographic areas served. (c) Local government support for project. (d) Letters of support for your organization and for the proposed project. (e) Housing and/or supportive services experience. (f) Efforts to involve target population. (g) Description of practical solutions to be implemented. (h) Project Development Timeline. (i) Description of how project will remain viable. (i) if service funds are depleted. (ii) for State-funded services, if State changes policy. (iii) if the need for project changes. (j) Identification/coordination with other organizations. (k) Description of consultation with Continuum of Care organizations. (l) Description of efforts to remove barriers to affordable housing. [[Page 14237]] c. Part III--The Need for Supportive Housing for the Target Population in the Area to be Served, Site Control and/or Identification of Site and Suitability of Site, Adequacy of the Provision of Supportive Services and of the Proposed Project (1) Exhibit 4: Project information including: (a) Evidence of need for project. (b) How project will benefit target population and community. (c) A narrative description of the project, including: (i) Building design. (ii) Whether and how project will promote energy efficiency. (iii) If applicable, description of plans and actions to create a mixed-finance project for additional units and the number of additional units. Evidence of Site Control (d) Evidence of site control and permissive zoning (If you do not have site control, skip to. (e) Identification of a Site below): (i) Site control document(s). (ii) Evidence site is free of limitations, restrictions, or reverters. (iii) Evidence of permissive zoning or statement of proposed action required to make project permissible. (iv) Evidence of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) site notification requirement. (v) Narrative topographical/demographic description of site/area suitability, how site will promote greater housing opportunities for minorities/target population. (vi) Racial composition/concentration map of site. (vii) Phase I Environmental Site Assessment. (viii) Asbestos Statement or Report. (ix) Letter to State/Tribal Historic Preservation Officer (SHPO/ THPO). (x) Response from SHPO/THPO or statement that SHPO/THPO failed to respond. (xi) Willingness to seek an alternatesite. (xii) Request for exception to project size limits (if applicable)--why site was selected and (ILP with site control only): (A) Preference/acceptance of people with disabilities to live in proposed housing. (B) Increased number of people warranted by market conditions in area. (C) Compatibility of project with other residential development and population density of the area. (D) Increased number of people will not prohibit successful integration into the community. (E) Marketability of project in the community. (F) Project size consistent with State and/or local policies governing similar housing. (G) Willingness to have application processed at project size limit. (e) Identification of a Site. (i) Location of site. (ii) Steps undertaken to identify site; what must be done to obtain site control. (iii) Whether site is properly zoned. (iv) Status of the sale of the site. (v) Whether the site would involve relocation. (2) Exhibit 5: Supportive Services Plan: (a) Description of occupancy. (b) Request for approval to limit occupancy, if applicable, including: (i) Description of population to which occupancy will be limited. (ii) Why it is necessary to limit occupancy, including: (A) How Section 811 program goals willstill be achieved. (B) Why housing and services needs cannot be met ina more integrated setting. (iii) Experience in providing housing and/or supportive services to proposed population. (iv) How you will ensure occupants will be integrated into neighborhood and community. (c) Supportive services needs of proposed population. (d) List of community service providers with letters of intent. (e) Evidence of each service provider's capability and experience. (f) Extent of State and local agency involvement in project. (g) Letter indicating your commitment to make services available or coordinate their availability. (h) How residents will be afforded employment opportunities. (i) Whether project will includemanager's unit. (j) Statement that you will not condition occupancy on the resident's acceptance of supportive services. d. Part IV--General Application Requirements, Certifications and Resolutions (1) Exhibit 6: Other Applications: (a) A list of applications, if any, you are submitting to any other local HUD Office in response to the FY 2005 Section 202 or Section 811 NOFA, and required information about each. (b) A list of all FY 2004 and prior year Section 202 or Section 811 projects to which you are a party and the required information about each. (2) Exhibit 7: Applies to applications with site control only: A statement that: (a) Identifies all persons occupying property on application submission date. (b) Indicates estimated cost of relocation payments/other services. (c) Identifies staff organization that will carry out relocation activities. (d) Identifies all persons who have moved from site within past 12 months. (3) Exhibit 8: Certifications and Resolutions: (a) Standard Form 424, Application for Federal Assistance. (b) Standard Form 424 Supplement, Survey on Ensuring Equal Opportunity for Applicants. (c) Standard Form LLL, Disclosure of Lobbying Activities, if applicable. (d) Form HUD-2880, Applicant/Recipient Disclosure/Update Report. (e) Form HUD-2991, Certification of Consistency with the Consolidated Plan. (f) Form HUD-92041, Sponsor's Conflict of Interest Resolution. (g) Form HUD-92042, Sponsor's Resolution for Commitment to Project. (h) Form HUD-2990, Certification of Consistency with the RC/EZ/EC- II Strategic Plan. (i) Form HUD-2530, Previous Participation Certification. (j) Form HUD-92043, Certification for Provision of Supportive Services. (k) Form HUD-96010, Logic Model. (l) Form HUD-27300, Questionnaire for HUD's Initiative on Removal of Regulatory Barriers, including any required documentation or URL references. (m) Form HUD-96011, Facsimile Transmittal, see the General Section for instructions. 2. General Applications Requirements a. Part I--Application Form For Section 811 Supportive Housing--Capital Advance (1) Exhibit 1--Form HUD-92016-CA, Supportive Housing for Persons with Disabilities Section 811 Application for Capital Advance Summary Information. Refer to Section IV.B.3. of this program section for a copy of this form. b. Part II--Your Ability to Develop and Operate the Proposed Project (1) Exhibit 2--Evidence of your legal status (Nonprofit with 501(c)(3) IRS tax exemption)(If another organization(s) is co- sponsoring the application with you, each Co-Sponsor must also submit the following): (a) Articles of Incorporation, constitution, or other organizational documents. (b) By-laws. (c) IRS tax exemption ruling (this must be submitted by all Sponsors, including churches). [[Page 14238]] (Exception: If you received a section 811 fund reservation within the last three funding cycles, you are not required to submit the documents described in (a), (b), and (c) above. Instead, submit the project number of the latest application and the local HUD office to which it was submitted. If there have been any modifications or additions to the subject documents, indicate such, and submit the new material.) (d) The number of people on your board and the number of board members who have disabilities. (2) Exhibit 3--Your purpose, community ties and experience: (a) A description of your purpose(s), current activities, and how long you have been in existence. (b) A description of your ties to the community in which your project will be located and to the minority and disability communities in particular, including a description of the specific geographic area(s) in which you have served. (c) A description of local government support for the project (including financial assistance, donation of land, provision of services, etc.). (d) Letters of support for your organization and for the proposed project from organizations familiar with the housing and supportive services needs of the target population (e.g., the local center for independent living, the Statewide Independent Living Council) that you expect to serve in the proposed project. (e) A description of your housing and/or supportive services experience. The description should include any rental housing projects (including any integrated housing developments) and/or supportive services facilities that you sponsored, own and/or operate, your past or current involvement in any programs other than housing that demonstrates your management capabilities (including financial management) and experience, your experience in serving the target population (persons with disabilities and minorities); and the reasons for receiving any increases in fund reservations for developing and/or operating previously funded Section 202 or Section 811 projects. The description should include data on the facilities and services provided, the racial/ethnic composition of the populations served, if available, and information and testimonials from residents or community leaders on the quality of the activities. Examples of activities that could be described include housing counseling, nutrition and food services, special housing referral, screening and information projects. (f) A description of your efforts to involve members of the target population (persons with disabilities including minority persons with disabilities and persons with disabilities similar to those of the prospective residents) in the development of the application as well as your intent to involve the target population in the development and operation of the project. (g) A description of the practical solutions you will implement which will enable residents of your project to achieve independent living and economic empowerment. In addition, describe the educational opportunities you will provide for the residents and how you will provide them. This description should include the activities you will undertake to improve computer access, literacy and employment opportunities (e.g., provide programs that can teach residents how to use computers to become educated as well as achieve economic self- sufficiency through job training and placement). And, finally, describe how your proposed project will be an improved living environment for the residents when compared to their previous place of residence. (h) Describe your plan for completing the proposed project. Include a project development timeline which lists the major development stages for the project with associated dates that must be met in order to get the project to initial closing and start of construction within the 18- month fund reservation period as well as the full completion of the project, including final closing. Completion of Exhibit 8(l), Logic Model, will assist you in completing your response to this Exhibit. (i) Describe how you will ensure that your proposed project will remain viable as housing with the availability of supportive services for the target population for the 40-year capital advance period. This description should address the measures you would take should any of the following occur: (i) funding for any of the needed supportive services becomes depleted; (ii) if, for any state-funded services for your project, the state changes its policy regarding the provision of supportive services to projects such as the one you propose; or (iii) if the need for housing for the population you will be serving wanes over time, causing vacancies in your project. (j) A description of the steps you took to coordinate your application with other organizations (e.g., the local center for independent living) that will not be directly involved in your project but with which you share common goals and objectives, to complement and/or support the proposed project so that the project will provide a comprehensive and holistic solution to the needs of persons with disabilities. (k) A description of your efforts to consult with Continuum of Care organizations in the community where the project will be located about the ways you can assist persons with disabilities who are chronically homeless as defined in the General Section of the SuperNOFA. (l) A description of the successful efforts the jurisdiction in which your project will be located has taken in removing regulatory barriers to affordable housing. To obtain up to 2 points for this policy priority, you must complete the optional Form HUD-27300, sbull I11``Questionnaire for HUD's Initiative on Removal of Regulatory Barriers'' in Exhibit 8(l) of the application AND provide the necessary URL references or submit the documentary evidence. c. Part III--The Need for Supportive Housing for the Target Population, Site Control and/or Identification of Site and Suitability of Site, Adequacy of the Provision of Supportive Services and of the Proposed Project (1) Exhibit 4--Need and Project Information (a) Evidence of need for supportive housing. Include a description of the proposed population and evidence demonstrating sustained effective demand for supportive housing for the proposed population in the market area to be served, taking into consideration the occupancy and vacancy conditions in existing comparable subsidized housing for persons with disabilities, state or local needs assessments of persons with disabilities in the area, the types of supportive services arrangements currently available in the area, and the use of such services as evidenced by data from local social service agencies. Also, a description of how information in the community's or (where applicable) the State's Consolidated Plan, Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues was used in documenting the need for the project. (b) A description of how the proposed project will benefit the target population and the community in which it will be located. (c) Description of the project. (i) Narrative description of the building(s) including the number and type of structure(s), number of units with bedroom distribution if [[Page 14239]] independent living units including dwelling units in multifamily housing developments, condominiums and cooperatives, number of bedrooms if group home, number of residents with disabilities, and any resident manager per structure; identification of all commercial and community spaces, amenities or features planned for the housing and a description of how the spaces, amenities, or features will be used, and the extent to which they are necessary to accommodate the needs of the proposed residents. A narrative description of the building design (both interior and exterior), including any special design features, as well as any features that incorporate visitability standards and universal design. Also include a description of how the design of the proposed project will facilitate the integration of the residents into the surrounding community and promote the ability of the residents to live as independently as possible. Note: If the community spaces, amenities, or features do not comply with the project design and cost standards of 24 CFR 891.120 (a) and (c), and the special project standards of 24 CFR 891.310 (a), you must demonstrate your ability and willingness to contribute both the incremental development cost and continuing operating cost associated with the community spaces, amenities, or features; (ii) Describe whether and how the project will promote energy efficiency (in accordance with the requirements set forth in Section III.C.3.k. of this program NOFA), including any plans to incorporate energy efficiency features in the operation of the project through the use of Energy Star labeled products and appliances and, if applicable, innovative construction or rehabilitation methods or technologies to be used that will promote efficient construction. (iii) For site control applications, if you are proposing to develop a mixed-finance project by developing additional units (i.e., in addition to the 811 units), a description of any plans and actions you have taken to create such a mixed-finance project with the use of Section 811 capital advance funds, in combination with other funding sources. Provide the number of non-Section 811 units to be included in the mixed-finance project (also provide the number of additional units in the appropriate space on Form HUD-92016-CA). Also, provide copies of any letters you have sent seeking outside funding for the non-Section 811 units and any responses thereto. Your response to this Exhibit will be used to rate your application for Rating Factor 4.c. under Leveraging Resources. Notes: (1) A proposal to develop a mixed-finance project for additional units must occur at the application for fund reservation stage. You cannot decide after selection that you want to do a mixed-finance project for additional units. (2) If you propose to develop a mixed-finance project for additional units, you must complete the development of such a proposal. If you are later unable to develop a mixed-finance project for additional units, you will not be permitted to proceed with a Section 811 project without additional units and your fund reservation will be canceled. This is due to the fact that the project would have received points in the rating of the application in consideration of the additional units and, if selected for funding, a later change in the proposal to exclude the additional units would alter the fairness of the competition. (3) Section 811 capital advance amendment money will not be approved for projects proposing mixed-financing for additional units. (4) If approved for a reservation of capital advance funds, you will be required to submit with your Firm Commitment Application, the additional documents required by HUD for mixed-finance proposals. (5) A mixed-finance project does not include the development of a mixed-use project in which the Section 811 units are mortgaged separately from the other uses of the structure. (6) For a Section 811 mixed-finance project, the additional units cannot cause the project to exceed the project size limit for the type of project proposed, unless you request and receive HUD approval to exceed the project size limit if the project will be an independent living project (See IV.B.2.c.(1)(d)(xii).) or the additional units will house people who do not have a disability. (d) Evidence of site control and permissive zoning. Note: If you are applying for Section 811 funding without control of any or all of your proposed sites, you must provide the information under (e) Identification of a Site below for any site you are submitting without evidence of control of that site. (i) Acceptable evidence of site control is limited to any one of the following: (A) Deed or long-term leasehold which evidences that you have title to or a leasehold interest in the site. If a leasehold, the term of the lease must be 50 years with renewable provisions for 25 years except for sites on Indian trust land, in which case, the term of the lease must be at least 50 years with no requirements for extensions; (B) Contract of sale for the site that is free of any limitations affecting the ability of the seller to deliver ownership to you after you receive and accept a notice of Section 811 capital advance. (The only condition for closing on the sale can be your receipt and acceptance of the capital advance.) The contract of sale cannot require closing earlier than the Section 811 closing; (C) Option to purchase or for a long-term leasehold, which must remain in effect for six months from the date on which the applications are due, must state a firm price binding on the seller, and be renewable at the end of the sixth month period. The only condition on which the option may be terminated is if you are not awarded a fund reservation; (D) If the site is covered by a mortgage under a HUD program, (e.g., a previously funded Section 202 or Section 811 project or an FHA-insured mortgage) you must submit evidence that consent to release the site from the mortgage has been obtained or has been requested from HUD (all required information in order for a decision on the request for a partial release of security must have been submitted to the local HUD office) and from the mortgagee, if other than HUD Approval to release the site from the mortgage must be done before the local HUD office makes its selection recommendations to HUD Headquarters. Refer to Chapter 16 of HUD Handbook 4350.1 Rev-1, Multifamily Asset Management and Project Servicing, for instructions on submitting requests to the local HUD Office for partial release of security from a mortgage under a HUD program; or (E) For sites to be acquired from a public body, evidence is needed that the public body possesses clear title to the site and has entered into a legally binding agreement to lease or convey the site to you after you receive and accept a notice of Section 811 capital advance. Where HUD determines that time constraints of the funding round will not permit you to obtain all of the required official actions (e.g., approval of Community of Planning Boards) that are necessary to convey publicly-owned sites, you may include in your application a letter from the mayor or director of the appropriate local agency indicating that conveyance or leasing of the site is acceptable without imposition of additional covenants or restrictions, and only contingent on the necessary approval action. Such a letter of commitment will be considered sufficient evidence of site control. (ii) Whether you have title to the site, a contract of sale, an option to purchase, or are acquiring a site from a public body, you must provide evidence (a title policy or other acceptable evidence) that the site is free of any limitations, restrictions, or reverters which could adversely affect the use of the site for the proposed project for the 40-year capital advance period under HUD's regulations and requirements (e.g., reversion to seller if title is transferred). If the title evidence contains restrictions or covenants, copies of the restrictions [[Page 14240]] or covenants must be submitted with the application. If the site is subject to any such limitations, restrictions, or reverters, the site will be rejected and the application will be considered a ``site identified'' application. Purchase money mortgages that will be satisfied from capital advance funds are not considered to be limitations or restrictions that would adversely affect the use of the site. If the contract of sale or option agreement contains provisions that allow a Sponsor not to purchase the property for reasons such as environmental problems, failure of the site to pass inspection, or the appraisal is less than the purchase price, then such provisions are not objectionable and a Sponsor is allowed to terminate the contract of sale or the option agreement. Note: A proposed project site may not be acquired or optioned from a general contractor (or its affiliate) that will construct the Section 811 project or from any other development team member. (iii) Evidence that the project, as proposed, is permissible under applicable zoning ordinances or regulations, or a statement of the proposed action required to make the proposed project permissible and the basis for the belief that the proposed action will be completed successfully before the submission of the firm commitment application (e.g., a summary of the results of any requests for rezoning and/or the procedures for obtaining special or conditional use permits on land in similar zoning classifications and the time required for such rezoning, or preliminary indications of acceptability from zoning bodies, etc.). Note: You should be aware that under certain circumstances the Fair Housing Act requires localities to make reasonable accommodations to their zoning ordinances or regulations to offer persons with disabilities an opportunity to live in an area of their choice. If you are relying upon a theory of reasonable accommodation to satisfy the zoning requirement,then you must clearly articulate the basis for your reasonable accommodation theory. (iv) Evidence of compliance with the URA requirement that the seller has been provided, in writing, with the required information regarding a voluntary, arm's length purchase transaction (i.e., (1) applicant does not have the power of eminent domain and, therefore, will not acquire the property if negotiations fail to result in an amicable agreement, and (2) of the estimate of the fair market value of the property). Note: This information should have been provided before making the purchase offer. However, in those cases where there is an existing option or contract, the seller must be provided the opportunity to withdraw from the agreement or transaction, without penalty, after this information is provided.'' (v) Narrative describing topographical and demographic aspects of the site, the suitability of the site and area (as well as a description of the characteristics of the neighborhood), how use of the site will promote greater housing opportunities for minority persons with disabilities, and how use of the site will affirmatively further fair housing. Note: You can best demonstrate your commitment to affirmatively furthering fair housing by describing how your proposed activities will assist the jurisdiction in overcoming impediments to fair housing choice identified in the applicable jurisdiction's Analysis of Impediments (AI) to Fair Housing Choice, which is a component of the jurisdiction's Consolidated Plan or any other planning document that addresses fair housing issues. The applicable Consolidated Plan and AI may be the community's, the county's, or the state's, to which input should have been provided by local community organizations, agencies in the community and residents of the community. Alternatively, a document that addresses fair housing issues and remedies to barriers to fair housing in the community that was previously prepared by a local planning, or similar organization, may be used. Applicable impediments could include a lack of units that are accessible to persons with disabilities, a lack of transportation services or other assistance that would serve persons with disabilities, or the need for improved quality and services for all persons with disabilities. (vi) A map showing the location of the site, the racial composition of the neighborhood, and any areas of racial concentration. Note: For this competition, when determining the racial and ethnic composition of the neighborhood surrounding the proposed site, use data from the 2000 Census of Population. Data from the 2000 Census may be found at www.factfinder.census.gov/servlet/BasicFactsServlet. (vii) A Phase I Environmental Site Assessment (ESA), in accordance with the ASTM Standards E 1527-00, as amended, must be completed and submitted with the application. In order for the Phase I ESA to be acceptable, it must have been completed or updated no earlier than six months prior to the application submission date. Therefore, it is important to start the site assessment process as soon after the publication of the NOFA as possible. If the Phase I ESA indicates possible presence of contamination and/or hazards, you must decide whether to continue with this site or choose another site. Should you choose another site, the same Phase I ESA process identified above must be followed for the new site. If the property is to be acquired from the FDIC/RTC, include a copy of the FDIC/RTC prepared Transaction Screen Checklist or Phase I ESA and applicable documentation, per the FDIC/RTC Environmental Guidelines. If you choose to continue with the original site on which the Phase I ESA indicated contamination or hazards, you must undertake a detailed Phase II ESA by an appropriate professional. If the Phase II Assessment reveals site contamination, your must submit the extent of the contamination and a plan for clean- up of the site including a contract for remediation of the problem(s) and an approval letter from the applicable federal, state and/or local agency with jurisdiction over the site to the local HUD office. The Phase II and any necessary plans for clean-up do not have to be submitted with the application but must be received in the local HUD office by June 23, 2005. If it is not received by that date, the site will be rejected and the application will be placed in Category B for selection purposes. Note: You must pay for the cost of any clean-up or remediation which can be very expensive. [See Note at Section III.C.2.ciii.] (viii) If you submit an application with evidence of site control, you must submit one of the following: (A) If there is no pre-1978 structure on the site, a statement to this effect, or (B) If there is a pre-1978 structure on the site, an asbestos report which is based on a thorough inspection to identify the location and condition of asbestos throughout any structures. Note: In those cases where suspect asbestos is found, it would either be assumed to be asbestos or would require confirmatory testing. If the asbestos report indicates the presence of asbestos, or the presence of asbestos is assumed, and if the application is approved, HUD will condition the approval on an appropriate mix of asbestos abatement and an asbestos Operations and Maintenance Plan. (ix) The letter you sent to the State/Tribal Historic Preservation Officer (SHPO/ THPO) initiating consultation with their office and requesting their review of your determinations and findings with respect to the historical significance of your proposed project. Appendix B to this program section of the SuperNOFA contains a sample letter that you mayadapt and send to the SHPO/THPO. (x) The SHPO/THPO response to your letter or a statement that you have not [[Page 14241]] received a response letter from the SHPO/THPO. (xi) A statement that you are willing to seek a different site if the preferred site is unapprovable and that site control will be obtained within six months of notification of fund reservation. (xii) If an exception to the project size limits is being requested, describe why the site was selected and demonstrate the following: (Only for applications for independent living projects and condominium units [not group homes] with site control) (A) People with disabilities have indicated their acceptance or preference to live in housing with as many units/people as proposed for the project. (B) The increased number of units/people is warranted by the market conditions in the area in which the project will be located. (C) Your project is compatible with other residential development and the population density of the area in which the project is to be located. (D) The increased number of people will not prohibit their successful integration into the community. (E) The project is marketable in the community. (F) The size of the project is consistent with state and/or local policies governing similar housing for the proposed population. (G) A statement that you are willing to have your application processed at the project size limit should HUD not approve the exception. (e) Identification of a Site. If you have identified a site, but do not have it under control, you must submit the following information: Note: If an application is submitted without evidence of site control and does not provide a specific street address for the identified site(s) (e.g., only an indication that the project will be developed in a particular part of town but a site(s) has not been chosen) the application will be rejected. (i) A description of the location of the site, including its street address, its unit number (if condominium), neighborhood/community characteristics (to include racial and ethnic data), amenities, adjacent housing and/or facilities, how the site will promote greater housing opportunities for minority persons with disabilities and affirmatively further fair housing. You can best demonstrate your commitment to affirmatively furthering fair housing by describing how your proposed activities will assist the jurisdiction in overcoming impediments to fair housing choice identified in the community's AI or any other planning document that addresses fair housing issues. Examples of the applicable impediments include the need for improved housing quality and services for minority persons with disabilities and the need for quality services for persons with disabilities within the type and quality of similar services and housing in minority areas. (ii) A description of the activities undertaken to identify the site, as well as what actions must be taken to obtain control of the site, if approved for funding. (iii) An indication as to whether the site is properly zoned. If it is not, an indication of the actions necessary for proper zoning and whether these can be accomplished within six months of fund reservation award, if approved for funding. (iv) A status of the sale of the site. (v) An indication as to whether the site would involve relocation. (2) Exhibit 5--Supportive Services Plan Note: Your supportive services plan and the Supportive Services Certification (Exhibit 8(k)) must be sent to the appropriate state or local agency (identified by the local HUD office) far enough in advance of the application deadline date so that the agency can review the plan, complete the certification and return both to you for inclusion in your application to HUD. (a) A detailed description of whether the housing is expected to serve persons with physical disabilities, developmental disabilities, or chronic mental illness or any combination of the three. Include how and from whom/where persons will be referred and admitted for occupancy in the project. You may, with the approval of the Secretary, restrict occupancy within housing developed under the SuperNOFA to a subcategory of one of the three main categories of disability noted above (e.g., AIDS is a subcategory of physical disability). However, the Owner must permit occupancy by any qualified person with a disability that qualifies under the applicable main category of disability. (b) If requesting approval to restrict occupancy, also submit the following: (i) A description of the population of persons with disabilities to which occupancy will be limited. (ii) An explanation of why it is necessary to restrict occupancy of the proposed project(s) to the population described in (i) above, including the following: (A) An explanation of how restricting occupancy to a subcategory of persons with disabilities promotes the goals of the Section 811 program. (B) An explanation of why the housing and/or service needs of this population cannot be met in a more integrated setting. (iii) A description of your experience in providing housing and/or supportive services to proposed occupants. (iv) A description of how you will ensure that occupants of the proposed project will be integrated into the neighborhood and community. (c) A detailed description of the supportive service needs of the persons with disabilities that the housing is expected to serve. (d) A list of community service providers, (including consumer- controlled providers), including letters of intent to provide services to proposed residents from as many potential providers as possible. (e) The evidence of each service provider's capability and experience in providing such supportive services (even if you will be the service provider). (f) Identification of the extent of state and/or local agency involvement in the project (i.e., funding for the provision of supportive services, referral of residents, or licensing the project). If there will be any state or local agency involvement, a description of the state/local agency's philosophy/policy concerning housing for the population to be served and a demonstration that your application is consistent with state and/or local agency plans and policies governing the development and operation of housing for persons with disabilities. (g) If you will be making any supportive services available to the residents or will be coordinating the availability of any supportive services, a letter providing: (i) A description of the supportive services that you will make available to the residents or, if you will be coordinating the availability of any supportive services, a description of the supportive service(s) and how the coordination will be implemented; (ii) An assurance that any supportive services that you will make available to the residents will be based on their individual needs; and (iii) A commitment to make the supportive services available or coordinate their availability for the life of the project. (h) A description of how the residents will be afforded opportunities for employment. (i) An indication as to whether the project will include a unit for a resident manager. (j) A statement that you will not condition admission or occupancy on the resident's acceptance of any supportive services. [[Page 14242]] d. Part IV--General Application Requirements, Certifications and Resolutions (1) Exhibit 6: Other Applications (a) A list of the applications, if any, you are submitting to any other local HUD office in response to the FY 2005 Section 202 or Section 811 NOFA. Indicate by local HUD office, the proposed location by city and state and the number of units requested for each application. (b) Include a list of all FY2004 and prior year Section 202 and Section 811 capital advance projects to which you are a party. Identify each by project number and local HUD office and include the following information: (1) whether the project has initially closed and, if so, when; (2) if the project was older than 24 months when it initially closed (specify how old) or if older than 24 months now (specify how old) and has not initially closed, provide the reasons for the delay in closing; (3) whether amendment money was or will be needed for any project in (2) above; and, (4) those projects which have not been finally closed. (2) Exhibit 7: A statement that: (applicable to applications with site control only) (a) identifies all persons (families, individuals, businesses and nonprofit organizations) by race/minority group, and status as owners or tenants occupying the property on the date of submission of the application for a capital advance. (b) indicates the estimated cost of relocation payments and other services. (c) identifies the staff organization that will carry out the relocation activities. (d) identifies all persons that have moved from the site within the past 12 months. [Note: If any of the relocation costs will be funded from sources other than the section 811 capital advance, you must provide evidence of a firm commitment of these funds. When evaluating applications, HUD will consider the total cost of proposals (i.e., cost of site acquisition, relocation, construction and other project costs).] (3) Exhibit 8: Certifications and Resolutions--With the exception of Form HUD-424CB and Form HUD-424CBW listed in the General Section of the SuperNOFA, and OMB Circulars A-87 and A-21, you are required to submit copies of the following: (a) Standard Form 424--Application for Federal Assistance, including a DUNS number, an indication of whether you are delinquent on any federal debt, and compliance with Executive Order 12372 (a certification that you have submitted a copy of your application, if required, to the State agency (Single Point of Contact) for state review in accordance with Executive Order 12372). A copy of this form and instructions on how to obtain a DUNS number are contained in the online application and the General Section of the SuperNOFA. (b) Standard Form 424 Supplement, Survey on Ensuring Equal Opportunity for Applicants. Although the information on this form will not be considered in making funding decisions, it will assist the federal government in ensuring that all qualified applicants have an equal opportunity to compete for federal funding. A copy of this form is contained in the online application and the General Section of the NOFA. (c) Standard Form LLL--Disclosure of Lobbying Activities (if applicable). A disclosure of activities conducted to influence any federal transactions. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (d) Form HUD-2880, Applicant/Recipient Disclosure/Update Report, including Social Security and Employee Identification Numbers. A disclosure of assistance from other government sources received in connection with the project. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (e) Form HUD-2991, Certification of Consistency with the Consolidated Plan (Plan), for the jurisdiction in which the proposed project will be located. The certification must be made by the unit of general local government if it is required to have, or has, a complete Plan. Otherwise, the certification may be made by the state, or by the unit of general local government if the project will be located within the jurisdiction of the unit of general local government authorized to use an abbreviated strategy, and if it is willing to prepare such a Plan. All certifications must be made by the public official responsible for submitting the Plan to HUD. The certifications must be submitted as part of the application by the application submission deadline date set forth in this program section of the SuperNOFA. The Plan regulations are published in 24 CFR part 91. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (f) Form HUD-92041, Sponsor's Conflict of Interest Resolution. A certified Board Resolution that no officer or director of the Sponsor or Owner has or will have any financial interest in any contract with the Owner or in any firm or corporation that has or will have a contract with the Owner, including a current listing of all duly qualified and sitting officers and directors by title and the beginning and ending dates of each person's term. Refer to Section IV.B.3. below for a copy of this Resolution. (g) Form HUD-92042, Sponsor's Resolution for Commitment to Project. A certified Board Resolution acknowledging responsibilities of sponsorship, long-term support of the project(s), your willingness to assist the Owner to develop, own, manage and provide appropriate services in connection with the proposed project, and that it reflects the will of your membership. Also, it shall indicate your willingness to fund the estimated start-up expenses, the Minimum Capital Investment (one-half of one-percent of the HUD-approved capital advance, not to exceed $10,000), and the estimated cost of any amenities or features (and operating costs related thereto) that would not be covered by the approved capital advance. Refer to Section IV.B.3.below for a copy of this Resolution. (h) Form HUD-2990, Certification of Consistency with the RC/EZ/EC Strategic Plan. A certification that the project is consistent with the RC/EZ/EC-IIs strategic plan, is located within the RC/EZ/EC-II, and serves RC/EZ/EC-II residents. (This certification is not required if the project site(s) will not be located in an RC/EZ/ECII.) A copy of the RC/EZ/EC-II Certification form is contained in the online application and the General Section of the SuperNOFA. (i) Form HUD-2530, Previous ParticipationCertification. This form must be submitted for the Sponsor and all of the Officers and Directors of the Board of the Sponsor, including any Co-Sponsor, if applicable. This form provides HUD with a certified report of all your previous participation in HUD multifamily housing projects. The information is used to determine if you meet the standards established to ensure that all principal participants in HUD projects will honor their legal, financial and contractual obligations and are acceptable risks from the underwriting standpoint of an insurer, lender or governmental agency. Refer to Section IV.B.3. below for a copy of this form. (j) Form HUD-92043, Certification for Provision of Supportive Services. A certification from the appropriate state or local agency (identified in the application or obtained from the local HUD office), indicating whether the: (i) Provision of supportive services is well designed to serve the needs of [[Page 14243]] persons with disabilities the housing is expected to serve; (ii) The provision of supportive services will enhance independent living success and promote the dignity of those who will access your proposed project; (iii) Supportive services will be available on a consistent, long- term basis; and (iv) Proposed housing is consistent with state or local plans and policies addressing the housing needs of people with disabilities if the state or local agency will provide funding for the provision of supportive services, refer residents to the project or license the project. (The name, address, and telephone number of the appropriate agency can also be obtained from the appropriate local HUD Office.) Refer to Section IV.B.3. below for a copy of this form. (k) Form HUD-96010, Logic Model. In addition to the Project Development Timeline to be submitted in Exhibit 3(h) above, the information provided in the Logic Model will be used in rating your application for Rating Factor 5, Achieving Results and Program Evaluation. A copy of this form is contained in the online application and the General Section of the NOFA. (l) Form HUD-27300, Questionnaire for HUD's Initiative on Removal of Regulatory Barriers. This form requires you to supply a reference, URL or brief statement documenting the successful efforts in removing barriers to affordable housing by the jurisdiction in which your project will be located. This Questionnaire will be considered in the rating of your application for Rating Factor 3.j. A copy of this form is contained in the online application and the General Section of the NOFA. 3. Required Forms. In addition to the required forms that are found in the General Section as specified above, the following required forms (HUD-92016-CA, HUD-92041, HUD-92042, HUD-2530, and HUD-92043) are specific to the Section 811 program. [[Page 14244]] [GRAPHIC] [TIFF OMITTED] TN21MR05.293 [[Page 14245]] [GRAPHIC] [TIFF OMITTED] TN21MR05.294 [[Page 14246]] [GRAPHIC] [TIFF OMITTED] TN21MR05.295 [[Page 14247]] [GRAPHIC] [TIFF OMITTED] TN21MR05.296 [[Page 14248]] [GRAPHIC] [TIFF OMITTED] TN21MR05.297 [[Page 14249]] [GRAPHIC] [TIFF OMITTED] TN21MR05.298 [[Page 14250]] [GRAPHIC] [TIFF OMITTED] TN21MR05.299 [[Page 14251]] [GRAPHIC] [TIFF OMITTED] TN21MR05.300 [[Page 14252]] [GRAPHIC] [TIFF OMITTED] TN21MR05.301 [[Page 14253]] [GRAPHIC] [TIFF OMITTED] TN21MR05.302 C. Submission Dates and Time. Your application must be submitted and received electronically by Grants.gov no later than 11:59:59 PM eastern time on the application submission date, unless a waiver of the electronic delivery [[Page 14254]] process has been approved by HUD. Please refer to the General Section for instructions on applying for a waiver. If a waiver is granted you must submit an original and four copies of your application on the application submission date following the mailing and timely receipt instructions in the General Section and Appendix A of this NOFA. These instructions have changed from the 2004 SuperNOFA. D. Intergovernmental Review. 1. State Review. This funding opportunity is subject to Executive Order (EO) 12372, ``Intergovernmental Review of Federal Programs.'' You must contact your State's Single Point of Contact (SPOC) to find out about and comply with the state's process under EO 12372. The names and addresses of the SPOCs are listed in the Office of Management and Budget's web site at http://www.whitehouse.gov/omb/grants/spoc.html. If required by the state, the submission to the state needs to occur before the Section 811 application due date. It is recommended that you provide the state with sufficient time to review the application. Therefore, it is important that you consult with the SPOC for state review time frames and take that into account when submitting the application. 2. HUD/RHS Agreement. HUD and the Rural Housing Service (RHS) have an agreement to coordinate the administration of the agencies' respective rental assistance programs. As a result, HUD is required to notify RHS of applications for housing assistance it receives. This notification gives RHS the opportunity to comment if it has concerns about the demand for additional assisted housing and possible harm to existing projects in the same housing market area. HUD will consider RHS comments in its review and application selection process. E. Funding Restrictions: 1. Ineligible Activities. Section 811 funds may not be used for any of the following: a. Supportive Services b. Housing that you currently own or lease that has been occupied by people with disabilities for longer than one year prior to the application deadline date; c. Nursing homes, infirmaries and medical facilities; d. Transitional housing; e. Mobile homes; f. Intermediate care facilities; g. Assisted living facilities; h. Community centers, with or without special components for use by persons with disabilities; i. Sheltered workshops and centers for persons with disabilities; j. Headquarters for organizations for persons with disabilities; and k. Refinancing of Sponsor-owned facilities without rehabilitation. Note: You may propose to rehabilitate an existing currently- owned or leased structure (if the structure already serves persons with disabilities, it cannot have operated as housing for persons with disabilities for longer than one year prior to the application deadline date) , however, the refinancing of any federally funded or assisted project or project insured or guaranteed by a federal agency is not permissible under this Section 811 NOFA. HUD does not consider it appropriate to utilize scarce program resources to refinance projects that have already received some form of assistance under a federal program or that have been operating as housing for persons with disabilities for longer than one year prior to the application deadline date. (For example, Section 202, Section 202/8 or Section 202/PAC direct loan projects cannot be refinanced with capital advances and project rental assistance.) 2. Application Limits (Units/Projects). A Sponsor or Co-Sponsor may not apply for more than 70 units of housing or 4 projects (whichever is less) for persons with disabilities in a single Hub or more than 10 percent of the total units allocated to all local HUD offices. Affiliated entities (organizations that are branches or offshoots of a parent organization) that submit separate applications are considered a single entity for the purpose of these limits. In addition, no single application may propose more units in a given local HUD office than allocated for the Section 811 program in that local HUD office. If the proposed project will be an independent living project, your application must request at least five units for persons with disabilities, not necessarily in one structure. If your proposed project will be a group home, you must request at least two units for persons with disabilities per group home. If your proposed project will be a combination of an independent living project and a group home, your application must request at least the minimum number of units for each project type (i.e., 5 units for an independent living project and 2 units for a group home). 3. Development Cost Limits. a. The following development cost limits, adjusted by locality as described in Section IV.E.3.b. below must be used to determine the capital advance amount reserved for projects for persons with disabilities. Note: The capital advance funds awarded for this project are to be considered the total amount of funds that the Department will provide for the development of this project. Amendment funds will only be provided in exceptional circumstances (e.g., to cover increased costs for construction delays due to litigation or unforeseen environmental issues resulting in a change of sites) that are clearly beyond your control. Otherwise, you are responsible for any costs over and above the capital advance amount provided by the Department as well as any costs associated with any excess amenities and design features. (1) For independent living projects and dwelling units in multifamily housing developments, condominium and cooperative housing: The capital advance amount for the project attributable to dwelling use (less the incremental development cost and the capitalized operating costs associated with any excess amenities and design features and other costs you must pay for) may not exceed: Non-elevator structures: $42,980 per family unit without a bedroom; $49,557 per family unit with one bedroom; $59,766 per family unit with two bedrooms; $76,501 per family unit with three bedrooms; $85,225 per family unit with four bedrooms. For elevator structures: $45,232 per family unit without a bedroom; $51,849 per family unit with one bedroom; $63,049 per family unit with two bedrooms; $81,563 per family unit with three bedrooms; $89,531 per family unit with four bedrooms. (2) For group homes only (the development cost limits are capped by type of occupancy and number of person with disabilities): Type of Disability ------------------------------------------------------------------------ Chronic Residents Physical/ mental Developmental illness ------------------------------------------------------------------------ 2........................................... $172,303 $166,325 3........................................... 185,287 178,860 4........................................... 198,273 189,995 5........................................... 211,257 201,130 6........................................... 224,228 212,265 ------------------------------------------------------------------------ (3) These cost limits reflect those costs reasonable and necessary to develop a project of modest design that complies with HUD minimum property standards; the minimum group home requirements of 24 CFR 891.310(a) (if applicable); the accessibility requirements of 24 CFR 891.120(b) and 891.310(b); and the project design and cost standards of 24 CFR 891.120. b. Increased development cost limits. (1) HUD may increase the development cost limits set forth above, [[Page 14255]] by up to 140 percent in any geographic area where the cost levels require, and may increase the development cost limits by up to 160 percent on a project-by-project basis. This increase may include covering additional costs to make dwelling units accessible through rehabilitation. Note: In applying the applicable high cost percentage, the local HUD office may use a percentage that is higher or lower than that which is assigned to the local HUD office if it is needed to provide a capital advance amount that is comparable to what it typically costs to develop a Section 811 project in that area. (2) If HUD finds that high construction costs in Alaska, Guam, the Virgin Islands or Hawaii make it infeasible to construct dwellings, without the sacrifice of sound standards of construction, design, and livability, within the development cost limits provided in Section IV.E.3.a.(1) and IV.E.3.b.(1) above, the amount of capital advances may be increased to compensate for such costs. The increase may not exceed the limits established under this section (including any high cost area adjustment) by more than 50 percent. (3) For group homes only, local HUD offices may approve increases in the development cost limits in Section IV.E.3.a.(2), above, in areas where you can provide sufficient documentation that high land costs limit or prohibit project feasibility. An example of acceptable documentation is evidence of at least three land sales that have actually taken place (listed prices for land are not acceptable) within the last two years in the area where your project is to be built. The average cost of the documented sales must exceed ten percent of the development cost limit for your project in order for an increase to be considered. 4. Commercial Facilities. A commercial facility for the benefit of the residents may be located and operated in the Section 811 project. However, the commercial facility cannot be funded with the use of Section 811 capital advance or PRAC funds. The maximum amount of space permitted for a commercial facility cannot exceed 10 percent of the total project cost. An exception to this 10 percent limitation is if the project involves acquisition or rehabilitation and the additional space was incorporated in the existing structure at the time the proposal was submitted to HUD. Commercial facilities are considered public accommodations under Title III of the Americans with Disabilities Act of 1990 (ADA), and thus must comply with all the accessibility requirements of the ADA. 5. Expiration of Section 811 Funds. The Consolidated Appropriations Act, 2005, requires HUD to obligate all Section 811 funds appropriated for FY 2005 by September 30, 2008. Under 31 U.S.C. 1551, no funds can be disbursed from this account after September 30, 2013. Under Section 811, obligation of funds occurs for both capital advances and project rental assistance upon fund reservation and acceptance. If all funds are not disbursed by HUD and expended by the project Owner by September 30, 2013, the funds, even though obligated, will expire and no further disbursements can be made from this account. In submitting an application, you need to carefully consider whether your proposed project can be completed through final capital advance closing no later than September 30, 2013. Furthermore, all unexpended balances, including any remaining balance on PRAC contracts, will be cancelled as of October 1, 2013. Amounts needed to maintain PRAC payments for any remaining term on the affected contracts beyond that date will have to be funded from other current appropriations. F. Other Submission Requirements: Address for Submitting Applications. Applications must be submitted electronically through the www.Grants.gov web site, unless the applicant receives a waiver from the electronic submission requirement. See the General Section, Application Submission and Receipt Procedures, for information on applying online and requesting a waiver from the electronic application requirement. If you apply for and receive a waiver from the electronic application requirement, you must submit an original and four copies of your completed application to the Director of the appropriate local HUD office listed in Appendix A below. Note: Do not use the listing in Attachment B to the General Section of the SuperNOFA. V. Application Review Information A. Criteria Policy Priorities. HUD encourages applicants to undertake specific activities that will assist the Department in implementing its policy priorities and which help the Department achieve its strategic goals for FY2005. Refer to the General Section of the SuperNOFA for information regarding HUD's Strategic Goals and Policy Priorities. For the Section 811 program, applicants who include work activities that specifically address the policy priorities of encouraging accessible design features by incorporating visitability standards and universal design, ending chronic homelessness, removing barriers to affordable housing and promoting energy efficiency in design and operations will receive additional points. A Notice pertaining to the removal of barriers to affordable housing was published in the Federal Register and may be downloaded from the HUD web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Rating Factors. HUD will rate applications that successfully complete technical processing using the Rating Factors set forth below and in accordance with the application submission requirements in this program section of the SuperNOFA. The maximum number of points an application may receive under this program is 102. This includes two (2) RC/EZ/EC-II bonus points, as described in the General Section of the SuperNOFA and Section V.A.6 below. 1. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (30 Points) This factor addresses the extent to which you have the organizational resources to successfully implement the proposed activities in a timely manner. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(a), 3(b), 3(e), 5 and 6 of Section IV.B. of this program section of the SuperNOFA. In rating this factor, HUD will consider the extent to which your application demonstrates your ability to develop and operate the proposed housing on a long-term basis, considering the following: a. (15 points) The scope, extent, and quality of your experience in providing housing or related services to those proposed to be served by the project and the scope of the proposed project (i.e., number of units, services, relocation costs, development, and operation) in relationship to your demonstrated development and management capacity as well as your financial management capability. b. (10 points) The scope, extent, and quality of your experience in providing housing or related services to minority persons or families and your ties to the community at large and to the minority and disability communities in particular. (1) (5 points) The scope, extent, and quality of your experience in providing housing or related services to minority persons or families. (2) (5 points) The scope, extent, and quality of your ties to the community at large and to the minority and disability communities in particular. [[Page 14256]] To earn the maximum number of points under subcriteria (b)(1) above, you must describe both your relationships over time with the minority community and significant previous experience in providing housing and/or supportive services to minorities generally and to minority persons with disabilities, in particular. For the purpose of this competition, ``significant previous experience'' means that the previous housing assistance or related services to minorities, i.e., the percentage of minorities being provided housing or related services in your current developments, was equal to or greater than the percentage of minorities in the jurisdiction where the previous housing or services occurred. To earn the maximum number of points under subcriteria (b)(2) above, you should submit materials that demonstrate your efforts to make housing available to the community at large and the minority and disable communities in particular. Examples of documents that may be submitted to earn the maximum number of points under subcriteria (b)(2), include copies of your affirmative marketing plan and the advertising/outreach materials you utilize to attract minority communities (including limited English proficient communities), disable community and the community at large. Regarding your advertising/outreach materials, you should identify when advertising/outreach materials are circulated, whom they are circulated to, where they are circulated and how they are circulated. Descriptions of other advertising/outreach efforts to the minority (including limited English proficient communities) and disable communities and the dates and places of such advertising/outreach efforts should also be included. c. (-3 to -5 points) HUD will deduct (except if the delay was beyond your control) 3 points if a fund reservation you received under either the Section 811 program of Supportive Housing for Persons with Disabilities or the Section 202 program of Supportive Housing for the Elderly in FY2000 or later has been extended beyond 24 months, 4 points if beyond 36 points, and 5 points if beyond 48 months. Examples of delays beyond your control include, but are not limited to, initial closing delays that are: (1) directly attributable to HUD, (2) directly attributable to third party opposition, including litigation, and (3) due to a disaster, as declared by the President of the United States. d. (-1 point) HUD will deduct 1 point if amendment money was required as a result of the delay (except if the delay was beyond your control). e. (5 points) You have experience in developing integrated housing and/or the proposed project will be an integrated housing model (e.g., condominium units scattered within one or more buildings or non- contiguous independent living units on scattered sites). 2. Rating Factor 2: Need/Extent of the Problem (13 Points) This factor addresses the extent to which there is a need for funding the proposed activities to address a documented problem in the target area. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 4(a) and 4(b) of Section IV.B. of this program section of the SuperNOFA. HUD will consider the following in evaluating this factor: The extent of the need for the project in the area based on a determination by the local HUD office. In making this determination, HUD will consider your evidence of need in the area, as well as other economic, demographic, and housing market data available to the local HUD office. The data should include a general assessment of the current conditions in the market for the type of housing proposed, an estimate of the demand for additional housing of the type proposed in the applicable housing market area; as well as, information on the numbers and types of existing comparable subsidized housing for persons with disabilities, current occupancy in such housing and recent market experience, comparable subsidized housing for persons with disabilities under construction or for which fund reservations have been issued, and, in accordance with an agreement between HUD and RHS, comments from RHS on the demand for additional comparable subsidized housing and the possible harm to existing projects in the same housing market area. The Department also will review more favorably those applications which establish a connection between the proposed project and the community's Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues and is prepared by a local planning or similar organization. You must show how the proposed project will address an impediment to fair housing choice described in the AI or meet a need identified in the other type of planning document. For all Section 811 projects that are determined to have sufficient demand, HUD will rate your application based on the ratio of the number of units in the proposed project to the estimate of unmet need for housing assistance by the income eligible disabled households with selected housing conditions. Unmet need is defined as the number of very low-income disabled one-person renter households age 18 and older with housing conditions problems, as of the 2000 Census minus the number of project-based subsidized rental housing units (HUD, RHS, or LIHTC) that are affordable to very low-income disabled provided in the area since 1999. Units to be occupied by resident managers are not counted. After HUD determines the estimate of unmet need and whether a connection has been made between the project and community's Consolidated Plan, Analysis of Impediments to Fair Housing Choice, or other planning document, HUD will rate your application as follows: a. (10 points) The area of the project has an unmet ratio of 15 percent or less; Or (0 points) The area of the proposed has no unmet needs for housing assistance. b. (3 points) The extent that a connection has been established between the project and the community's Consolidated Plan, Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues and is prepared by a local planning or similar organization. 3. Rating Factor 3: Soundness of Approach (40 Points) This factor addresses the quality and effectiveness of your proposal, the extent to which you involved persons with disabilities, including minority persons with disabilities, in the development of the application and will involve them in the development and operation of the project, the extent to which you coordinated your application with other organizations, including local independent living centers, with which you share common goals and objectives and are working toward meeting these objectives in a holistic and comprehensive manner, whether you consulted with Continuum of Care organizations to address efforts to assist persons with disabilities who are chronically homeless as defined in the General Section, whether the jurisdiction in which your project will be located has undertaken successful efforts to remove regulatory barriers to affordable housing, and whether you will promote energy efficiency in the design and operation of the proposed housing. There must be a clear relationship between the proposed [[Page 14257]] design, the proposed activities, the community's needs and purposes of the program funding for your application to receive points for this factor. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 2(d), 3(f), 3(j), 3(k), 3(l), 4(c)(i), 4(c)(ii), 4(c)(iii), 4(d)(iii), 4(d)(v), 4(d)(vi), 4(e)(i), 5, and 8(l) of Section IV.B. of this NOFA. In evaluating this factor, HUD will consider the following: a. (14 points) Site approvability--The proximity or accessibility of the site to shopping, medical facilities, transportation, places of worship, recreational facilities, places of employment, and other necessary services to the intended occupants; adequacy of utilities and streets, and freedom of the site from adverse environmental conditions (based on site visit for site control projects only); and compliance with site and neighborhood standards in 24 CFR 891.125(a), (d), and (e) and 24 CFR 891.320. Sites where amenities are accessible other than by project residence or private vehicle will be rated more favorably; b. (-1 point) One or more of your proposed sites is not permissively zoned for the intended use. c. (10 points) The suitability of the site from the standpoints of promoting a greater choice of housing opportunities for minorities and persons with disabilities and affirmatively furthering fair housing. In reviewing this criterion, HUD will assess whether the site meets the site and neighborhood standards at 24 CFR 891.125(b) and (c) by examining relevant data in your application or in the local HUD office. If appropriate, HUD may visit the site. (1) The site will be deemed acceptable if it increases housing choice and opportunity by expanding housing opportunities in non- minority neighborhoods (if located in such a neighborhood). The term ``non-minority area'' is defined as one in which the minority population is lower than 10 percent; or contributing to the revitalization of and reinvestment in minority neighborhoods, including improvement of the level, quality and affordability of services furnished to minority persons with disabilities. You should refer to the Site and Neighborhood Standards provisions of the regulations governing the Section 811 Supportive Housing Program (24 CFR 891.125(b) and (c)) when considering sites for your projects. (2) For the purpose of this competition, the term ``minority neighborhood (area of minority concentration)'' is defined as one where any one of the following statistical conditions exists: (a) The percentage of persons of a particular racial or ethnic minority is at least 20 points higher than the minority's or combination of minorities' percentage in that housing market as a whole; (b) The neighborhood's total percentage of minority persons is at least 20 points higher than the total percentage of minorities for the housing market area as a whole; or (c) In the case of a metropolitan area, the neighborhood's total percentage of minority persons exceeds 50 percent of its population. d. (2 points) The extent to which the proposed design of the project (exterior and interior) and its placement in the neighborhood will meet the individual needs of the residents and will facilitate their integration into the surrounding community and promote their ability to live as independently as possible. e. (1 point) The extent to which the proposed design incorporates visitability standards and universal design in the construction or rehabilitation of the project. Refer to the General Section of the SuperNOFA for further information. f. (4 points) Your board is comprised of persons with disabilities. g. (3 points) You involved persons with disabilities (including minority persons with disabilities) in the development of the application, and will involve persons with disabilities (including minority persons with disabilities) in the development and operation of the project. h. (2 points) The extent to which you coordinated your application with other organizations (including local independent living centers; a list of such can be obtained from the local HUD office) that will not be directly participating in your project, but with which you share common goals and objectives and are working toward meeting these goals and objectives in a holistic and comprehensive manner. i. (1 point) You consulted with the Continuum of Care organizations in the community in which your proposed project will be located and have developed ways in which the proposed project will assist persons with disabilities who have been experiencing chronic homelessness become more productive members of society. Refer to the General Section of the SuperNOFA for further information. j. (2 points) The extent to which the jurisdiction in which your project will be located has undertaken successful efforts to remove regulatory barriers to affordable housing. (NOTE: To receive up to 2 points, the applicant must have submitted the optional Form HUD-27300, Questionnaire for HUD's Initiative on Removal of Regulatory Barriers, AND provided URL references or submitted the required documentary evidence.) k. (1 point) The extent to which you will promote energy efficiency in the design and operation of the proposed housing. Refer to Section III.C.3.k. of this program NOFA. 4. Rating Factor 4: Leveraging Resources (5 Points) This factor addresses your ability to secure other funding sources, including funding sources to develop a mixed-finance project for additional units over and above the Section 811 units, if proposed, and community resources that can be combined with HUD's program resources to achieve program purposes. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(a), 3(b), 3(c), 3(d), 3(e), 4(c)(iii) and 5(f) of Section IV.B. of this program section of the SuperNOFA. a. (1 point) The extent of local government support (including financial assistance, donation of land, provision of services, etc.) for the project. b. (2 points) The extent of your activities in the community, including previous experience in serving the area where the project is to be located, and your demonstrated ability to enlist volunteers and raise local funds. c. (2 points) The extent of your plans to develop a mixed-finance project for additional units over and above the Section 811 units. (1) (1 point) The proposed project involves mixed-financing for additional units in which the non-Section 811 units represent 30 percent or less of the Section 811 units in the project; OR (2) (2 points) The proposed project involves mixed-financing for additional units in which the non-Section 811 units represent over 30 percent of the Section 811 units in the project. Note: If you are proposing a mixed-finance project for additional units over and above the Section 811 units, your application may receive a maximum of 2 points under Rating Factor 4(c). Your application will receive either 1 or 2 points under this Rating Factor, depending upon the number of non-Section 811 units to be developed in the project. If your project will not involve mixed- financing for additional units, no points will be assigned for Rating Factor 4(c). [[Page 14258]] 5. Rating Factor 5: Achieving Results and Program Evaluation (12 Points) This factor reflects HUD's goal to embrace high standards of ethics, management and accountability and, as such, emphasizes HUD's commitment to ensuring that you keep the promises made in your application. This factor requires that you clearly identify the benefits or outcomes of your project and develop an evaluation plan to measure performance, which includes what you are going to measure, how you are going to measure it, and the steps you will have in place to make adjustments to your project development timeline should you not be able to achieve any of the major milestones. Completion of Exhibit 8(k), Logic Model, will assist you in completing your response to this rating factor. This rating factor also addresses the extent to which your project will implement practical solutions that result in residents achieving independent living, economic empowerment, educational opportunities and improved living environments. Finally, this factor addresses the extent to which the long-term viability of your project will be sustained for the duration of the 40-year capital advance period. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(e), 3(g), 3(h), 3(i), 6(b), and 8(k) of Section IV.B. of this program section of the SuperNOFA. a. (5 points) The extent to which your project development timeline is indicative of your full understanding of the development process and will, therefore, result in the timely development of your project. b. (2 points) The extent to which your past performance evidences that the proposed project will result in the timely development of the project. Evidence of your past performances could include the development of previous construction projects, including but not limited to Section 202 or Section 811 projects. c. (2 points) The extent to which your project will implement practical solutions that will result in assisting residents in achieving independent living, economic empowerment, educational opportunities, and improved living environments (e.g., activities that will improve computer access, literacy and employment opportunities). d. (3 points) The extent to which you demonstrated that your project will remain viable as housing with the availability of supportive services for very low income persons with disabilities for the 40-year capital advance period. 6. Bonus Points (2 bonus points). Location of proposed site in an RC/EZ/EC-II area, as described in the General Section. Submit the information responding to the bonus points in accordance with the Application Submission Requirements in Exhibit 8(i) of Section IV.B. of this NOFA. B. Reviews and Selection Process: 1. Review for Curable Deficiencies. You should ensure that your application is complete before transmitting it to the following web site: www.grants.gov/Apply and, in the case of a waiver of the electronic submission requirement, that you have an original and four copies before submitting it to the appropriate local HUD office. Upon receipt of the application by HUD staff, HUD will screen all applications to determine if there are any curable deficiencies. For applicants receiving a waiver to submit a paper application, submitting fewer than the required original and four copies of the application is not a curable deficiency and will cause your application to be considered non-responsive to the NOFA and returned to you. A curable deficiency is a missing Exhibit or portion of an Exhibit that will not affect the rating of the application. Refer to the General Section for additional information regarding procedures for corrections to deficient applications. The following is a list of the only deficiencies that will be considered curable in a Section 811 application: [[Page 14259]] [GRAPHIC] [TIFF OMITTED] TN21MR05.303 The local HUD office will notify you in writing if your application is missing any of the above exhibits or portions of exhibits and will provide you with a specified deadline to submit the information required to cure the noted deficiencies. The items identified by an asterisk (*) must be dated on or before the application submission date. If an Exhibit or portion of an Exhibit listed above as curable is not discovered as missing until technical processing, HUD will provide you with a deadline to cure the deficiency. 2. Rating. HUD will review and rate your application in accordance with the Reviews and Selection Process in the General Section of the SuperNOFA except as described in 3. Appeal Process below. Your application will be either rated or technically rejected at the end of technical review. If your application meets all program eligibility requirements after completion of technical review, including HUD approval of you, the Section 811 applicant, based on HUD's evaluation of the applicant's previous participation activities as reported on Form HUD-2530, Previous Participation Certification, it will be rated according to the rating factors in Section V.A. above. 3. Appeal Process. HUD will not reject your application based on technical review without notifying you of the rejection with all the reasons for rejection and providing you an opportunity to appeal. You will have 14 calendar days from the date of HUD's written notice to appeal a technical rejection to the local HUD office. In HUD's review of any appeal, it should be noted that in conformance with its regulations at 24 CFR part 4, subpart B, HUD will not consider any unsolicited information that you, the applicant, may want to provide. The local HUD office will make a determination on any appeals before making its selection recommendations. 4. Ranking and Selection Procedures. Applications that have a total base score of 75 points or more (without the addition of RC/EC/EZ-II bonus points) and meet all of the applicable threshold requirements in the General Section of the SuperNOFA and this program NOFA will be eligible for selection and will be placed in rank order in two categories; Category A and Category B. Category A will consist of approvable applications that contain acceptable evidence of control of all proposed sites and all proposed sites have been found approvable. Category B will consist of [[Page 14260]] the following approvable applications: (a) Those that were submitted with identified sites; (b) those that were submitted with evidence of site control where the evidence and/or any of the proposed sites were found unapprovable provided you indicate your willingness to locate another site(s) should the proposed site(s) be found unapprovable; and (c) those that were submitted with a combination of sites under control and identified sites. Each HUD Multifamily Program Center will select applications, after adding any bonus points for RC/EC/EZ-II, based on rank order, from Category A first that most closely approximates the capital advance authority available in its allocation. If capital advance authority remains after selecting all approvable applications from Category A, each HUD Multifamily Program Center shall then select applications, in rank order, from Category B that most closely approximates the capital advance authority remaining in its allocation. HUD Multifamily Program Centers will not skip over any applications in order to select one based on the funds remaining. After making the initial selections from the applicable category, however, HUD Multifamily Program Centers may use any residual funds to select the next rank-ordered application in that category by reducing the number of units by no more than 10 percent, rounded to the nearest whole number, provided the reduction will not render the project infeasible. For this purpose, however, HUD will not reduce the number of units in projects of five units or less. After the HUD Multifamily Program Centers have funded all possible projects based on the process above, residual funds from all HUD Multifamily Program Centers within each Multifamily Hub will be combined. First, these funds will be used to restore units to projects reduced by HUD Multifamily Program Centers based on the above instructions. Second, additional approvable applications within each Multifamily Hub will be selected in rank order, first from Category A, and if sufficient funds remain, from Category B, with only one application selected per HUD Multifamily Program Center. More than one application may be selected per HUD Multifamily Program Center if there are no approvable applications in other HUD Multifamily Program Centers within the Multifamily Hub. This process will continue until there are no more approvable applications within the Multifamily Hub that can be selected with the remaining funds. Applications may not be skipped over to select one based on funds remaining. However, the Multifamily Hub may use any remaining residual funds to select the next rank-ordered application in the applicable category by reducing the number of units by no more than 10 percent rounded to the nearest whole number, provided the reduction will not render the project infeasible or result in the project being less than 5 units. Funds remaining after the Multifamily Hub selection process is completed will be returned to Headquarters. HUD Headquarters will use these residual funds first to restore units to projects reduced by HUD Multifamily Program Center or Multifamily Hub as a result of the instructions for using their residual funds. Second, HUD Headquarters will use these funds for selecting applications based on HUD Program Centers' rankings, beginning with the highest rated application nationwide in Category A. Only one application will be selected per HUD Multifamily Program Center in Category A from the national residual amount, excluding the Columbia Multifamily Program Center, already funded. If there are no approvable applications in Category A in other HUD Multifamily Program Centers, then the next highest rated application in Category B in another HUD Multifamily Program Center will be selected, excluding the Columbia Multifamily Program Center, already funded. This process will begin again with the selection of the next highest rated application in Category A nationwide. Once each HUD Multifamily Program Center that has approvable applications in Category A receives another selection then the next highest rated application in Category B will be selected. This process will continue until all approvable applications are selected using the available remaining funds. Headquarters may skip over a higher rated application in order to use as much of the available remaining funds as possible. 5. HUD Error. In the event HUD commits an error that, when corrected, would have resulted in the selection of an otherwise eligible applicant during the funding round of the SuperNOFA, HUD may select that applicant when sufficient funds become available. VI. Award Administration Information A. Award Notices 1. Agreement Letter. If you are selected to receive a Section 811 fund reservation, you will receive an Agreement Letter that stipulates the terms and conditions for the Section 811 fund reservation award as well as the submission requirements following the fund reservation award. The duration of the fund reservation award for the capital advance is 18 months from the date of issuance of the fund reservation. Immediately upon your acceptance of the Agreement Letter, you are expected to begin work towards the submission of a Firm Commitment Application, which is the next application submission stage. You are required to submit a Firm Commitment Application to the local HUD office within 180 days from the date of the Agreement Letter. Initial closing of the capital advance and start of construction of the project are expected to be accomplished within the duration of the fund reservation award. Final closing of the capital advance is expected to occur no later than six months after completion of project construction. 2. Non-selection Letter. If your application is approvable but unfunded due to insufficient funds or receives a rating that is below the minimum threshold score established for funding eligibility, you will receive a letter to this effect. 3. Debriefing. Refer to the General Section for further information regarding debriefings except that the request must be made to the Director of Multifamily Housing in the appropriate local HUD office. B. Administrative and National Policy Requirements 1. Ensuring the Participation of Small Businesses, Small Disadvantaged Businesses, and Women-Owned Businesses. Although the Section 811 program is not subject to the provisions of 24 CFR 85.36(e) as described in the corresponding paragraph in the General Section of the SuperNOFA, you are required to comply with Executive Order 12432, Minority Business Enterprise Development and Executive Order 11625, Prescribing Additional Arrangements for Developing and Coordinating a National Program for Minority Business Enterprise as they relate to the encouragement of HUD grantees to utilize minority business enterprises. 2. Acquisition and Relocation. You must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (49 CFR part 24 and 24 CFR part 891.155(e)) (URA), which covers the acquisition of sites, with or without existing structures, and with 24 CFR 8.4(b)(5) of the Section 504 regulations which prohibits discrimination based on disability in determining the site or location of a federally-assisted facility. However, you are exempt from [[Page 14261]] complying with the site acquisition requirements of the URA if you do not have the power of eminent domain and prior to entering into a contract of sale, option to purchase or any other method of obtaining site control, you inform the seller of the land in writing: (1) That you do not have the power of eminent domain and, therefore, you will not acquire the property if negotiations fail to result in an amicable agreement, and (2) of the estimate of the fair market value of the property. An appraisal is not required to meet this requirement; however, your files must include an explanation, (with reasonable evidence) of the basis for the estimate. Evidence of compliance with this advance notice requirement must be included in Exhibit 4(d)(iv) of your application. 3. Flood Disaster Protection Act of 1973 and Coastal Barriers Resources Act. You must comply with the requirements under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128) and the Coastal Barrier Resources Act (16 U.S.C. 3601). C. Reporting 1. The Program Outcome Logic Model (Form HUD-96010) must be completed indicating the results achieved against the proposed output goal(s) and proposed outcome(s) which you stated in your approved application and agreed upon by HUD. 2. The Regulatory Agreement (Form HUD-92466-CA) requires the Owner of the Section 811 project to submit an annual financial statement for the project. This financial statement must be audited by an Independent Public Accountant who is a Certified Public Accountant or other person accepted by HUD and filed electronically with HUD's Real Estate Assessment Center (REAC) through the Financial Assessment Subsystem for Multifamily Housing (MF-FASS). The submission of annual financial statements is required throughout the 40-year term of the mortgage. 3. HUD requires that funded recipients collect racial and ethnic beneficiary data. It has adopted the Office of Management and Budget's Standards for the Collection of Racial and Ethnic Data. In view of these requirements, you should use Form HUD-27061, Racial and Ethnic Data Reporting Form (and instructions for its use), found at: www.hudclips.org, a comparable program form, or a comparable electronic data system for this purpose. VII. Agency Contact(s) For Technical Assistance. For technical assistance in downloading an application package from http://www.grants.gov/Apply, contact the Grants.gov help desk at 800-518-Grants or by sending an email to [email protected]. For programmatic information, you may contact the appropriate local HUD office, or Frank Tolliver at HUD Headquarters at (202) 708-3000 (this is not a toll-free number), or access the Internet at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Persons with hearing and speech impairments may access the above number via TTY by calling the toll-free Federal Relay Service at 800-877-8339. VIII. Other Information A. Field Office Workshop. HUD encourages minority organizations and grassroots organizations (e.g., civic organizations, faith-communities and grassroots faith-based and other community-based organizations) to participate in this program and strongly recommends prospective applicants attend the local HUD office workshop. At the workshops, HUD will explain application procedures and requirements, as well as address concerns such as local market conditions, building codes and accessibility requirements, contamination identification and remediation, historic preservation, floodplain management, other environmental requirements, displacement and relocation, zoning, and housing costs. If you are interested in attending the workshop, make sure that your name, address and telephone number are on the appropriate local HUD office's mailing list so that you will be informed of the date, time and place of the workshop. Persons with disabilities should call the appropriate local HUD office to assure that any necessary arrangements can be made to enable their attendance and participation in the workshop. If you cannot attend the workshop, call the appropriate local HUD office if you have any questions regarding the submission of applications to that particular office and to request any materials distributed at the workshop. B. Satellite Broadcast. HUD will hold an information broadcast via satellite for potential applicants to learn more about the program and preparation of the application. It is strongly recommended that potential applicants, especially those who may be applying for Section 811 funding for the first time, tune in to this broadcast, if at all possible. Copies of the broadcast tapes are also available from the NOFA Information Center. For more information about the date and time of the broadcast, you should consult the HUD web site at: http://www.hud.gov/offices/adm/grants/fundsavail.cfm. C. Related Programs. Section 811 funding for tenant-based assistance is administered by public housing agencies and nonprofit organizations through the Mainstream Housing Opportunities for Persons with Disabilities Program. D. Paperwork Reduction Act. The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2502-0462. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB number. Public reporting burden for the collection of information is estimated to average 35.92 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits derived. [[Page 14262]] [GRAPHIC] [TIFF OMITTED] TN21MR05.304 [[Page 14263]] [GRAPHIC] [TIFF OMITTED] TN21MR05.305 [[Page 14264]] [GRAPHIC] [TIFF OMITTED] TN21MR05.306 [[Page 14265]] [GRAPHIC] [TIFF OMITTED] TN21MR05.307 [[Page 14266]] [GRAPHIC] [TIFF OMITTED] TN21MR05.308 [[Page 14267]] [GRAPHIC] [TIFF OMITTED] TN21MR05.309 [[Page 14268]] [GRAPHIC] [TIFF OMITTED] TN21MR05.310 [[Page 14269]] [GRAPHIC] [TIFF OMITTED] TN21MR05.311 [[Page 14270]] [GRAPHIC] [TIFF OMITTED] TN21MR05.312 [[Page 14271]] [GRAPHIC] [TIFF OMITTED] TN21MR05.313 [[Page 14272]] [GRAPHIC] [TIFF OMITTED] TN21MR05.314 [[Page 14273]] Continuum of Care Homeless Assistance Programs Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Community Planning and Development. B. Funding Opportunity Title: Funding Availability for Continuum of Care (CoC) Homeless Assistance Programs. C. Announcement Type: Initial Announcement. D. Funding Opportunity Number: The Federal Register number is FR- 4950-N-15. The OMB Approval number is pending. E. Catalog of Federal Domestic Assistance (CFDA) Numbers: 1. 14.235, Supportive Housing Program (SHP) 2. 14.238, Shelter Plus Care (S+C) and 3. 14.249, Section 8 Moderate Rehabilitation Single Room Occupancy (SRO). F. Dates: Application Submission Date: Applications should be submitted no later than June 10, 2005. Please see the General Section for detailed instructions and Section IV of this NOFA for application submission and timely receipt requirements. G. Additional Overview Content Information: 1. Purpose of the Programs: The purpose of the CoC Homeless Assistance Programs is to assist homeless persons to move to self- sufficiency and permanent housing. 2. Available Funds: Approximately $1 billion is available for funding. 3. Eligible Applicants: The program summary chart in Section III.A.3 identifies the eligible applicants for each of the three programs under the CoC Homeless Assistance Programs. 4. Match: Matching funds are required from local, state, federal or private resources. Full Text of Announcement I. Funding Opportunity Description A. Program Description 1. Overview a. The purpose of the CoC Homeless Assistance Programs is to reduce the incidence of homelessness in CoC communities by assisting homeless individuals and families to move to self-sufficiency and permanent housing. Projects that sustain current successful interventions and fill gaps in locally developed CoC systems will be funded. To help meet the Administration's goal of ending chronic homelessness, priority will be placed on programs that target the supportive housing needs of chronically homeless persons. 2. The authorizing legislation and implementing regulations for all programs covered by this NOFA are outlined on the chart in Section III.A.3. HUD published a proposed rule updating the Supportive Housing Program at 69 FR 43488 on July 20, 2004 and is currently considering the public comments received. HUD expects to publish a final rule based on the proposed rule and comments in 2005. If a final rule is published before announcement of awards under this NOFA, the new final rule will apply to those awards. 3. Changes for 2005. These changes include, but are not limited to, the following: A. CoC Hold Harmless Amount. This is the total of the one-year amount of all SHP projects eligible for renewal. CoC's shall receive the higher of: (1) the preliminary pro rata need (PRN) or (2) the CoC hold harmless amount. In the past, HUD awarded a renewal adjustment when the amount needed to fund all eligible renewals for one year exceeded the preliminary pro rata need. An unintended consequence of this policy resulted in CoCs having to request renewal of projects that in their judgment did not best reflect the current needs of the community. CoCs receiving the CoC hold harmless amount will now have the opportunity to reallocate their PRN funds in order to create new permanent supportive housing projects. This will provide them with the same flexibility that CoCs without excessive SHP renewals have. See Section V.A.2.b of this program section for this significant change. b. Samaritan Housing Initiative. The Samaritan Initiative (formerly known as the Permanent Housing Bonus) will be integrated into this NOFA as part of the larger CoC process and is only for projects serving exclusively chronically homeless persons. It is 15 percent of a CoC's preliminary PRN amount or $6 million, whichever is less. Applicants may use no more than 20 percent of this bonus for case management costs. See Section V.A.2.b(3) for additional information on this subject. c. Grant Terms. The grant terms for all newly proposed SHP projects are two (2) or three (3) years. See Section II.A.3 for additional information on this subject. d. Participant Eligibility for Permanent Housing. The only persons who may be served by permanent housing projects (both new and renewal) are those who come from the streets, emergency shelters, or transitional housing. People who are currently housed but may become homeless within seven days, remain eligible for transitional housing and emergency shelters. Please see Section III.C.2.a(3) and the Questions and Answers Supplement for further information. e. Pro Rata Need. Any project not falling fully within the 40 need point range will receive 10 need points. Please see Section V.A.2.b(4) for more information. f. Fair Market Rent (FMR) Updates. HUD will select projects using the FMRs in place at the time of application. HUD will then apply the FMRs in place at the time of award. See V.A.2.b(3) for more information. g. Conducting Business In Accordance with Core Values and Ethical Standards. All applicants will be required, prior to entering into an agreement with HUD, to submit a copy of their Code of Conduct. Refer to the General Section for detailed instructions regarding this requirement. h. Form HUD 96010, Logic Model. Applicants must submit a Logic Model for each project, new and renewal. Refer to the General Section for instructions and a copy of this form. i. CoC Planning Process Organizations. A description of the ``level of participation'' has been included for the list of organizations involved in your CoC planning efforts. See Exhibit 1, Form HUD-40076 CoC-B. j. The Discharge Planning Policy narrative has been replaced with a chart. See Exhibit 1, Form HUD-40076 CoC-D. k. The Service Activity Chart has been streamlined to reflect an inventory of supportive services and the agencies providing these services. The description of planned services and how participants access/receive assistance is no longer required. See Exhibit 1, Form HUD-40076 CoC-F. l. The Housing Gaps Analysis Chart has been eliminated. That information is now reported in the Housing Activity Charts, which have been substantially revised. See Exhibit 1, Form HUD-40076 CoC-G. m. Participation in Energy Star. Form HUD-40076 CoC-H has been changed to capture CoCs' efforts to promote energy efficiency in HUD assisted programs. See Exhibit 1. n. The Homeless Management Information System (HMIS) Section has been revised to capture more information on HMIS implementation efforts. See Exhibit 1, Form HUD-40076 CoC-J. o. The Project Priorities Section has been updated to include a Reallocation Chart and required narrative response. [[Page 14274]] See Exhibit 1, Form HUD-40076 CoC-K. p. The Continuum of Care Use of Other Resources Chart has been eliminated. q. Audits. The Reporting Section has been updated to reflect the requirement for annual audits for those grantees that expend more than $500,000 in Federal funds. See Section VI.C for additional information on this subject. r. Appropriate Discharge Planning and Coordination and Integration of Mainstream Programs are still required, but the Special Project Certifications have been eliminated. s. The ``Housing Emphasis'' scoring has been increased from 10 to 12 points. See Section V.A.2.a.(5) for additional information on this subject. t. The ``Performance Measurement'' scoring has been increased from 5 to 8 points. See Section V.A.2.a.(6) for additional information on this subject. u. The ``Leveraging Supplemental Resources'' scoring has been reduced from 13 to 8 points. See Section V.A.2.a.(4) for additional information on this subject. v. The ``Questions and Answers Supplement'' should be thoroughly reviewed and is now available on the web at www.hud.gov/offices/adm/grants/fundsavail.cfm. Please see Section IV.A. 4. Developing and Coordinating CoC Systems: Developing a CoC system should be an inclusive process that brings together participants from the state, local, private and nonprofit sectors to assist homeless persons. It should be coordinated and consistent with the community's larger effort of developing a HUD required Consolidated Plan. The Consolidated Plan serves as the vehicle for a community to comprehensively identify each of its needs and to coordinate a plan of action for addressing them. State and local 10-year plans to end chronic homelessness must be aligned with (if not identical to) the CoC plan to end chronic homelessness. For a community to successfully address the complex and interrelated problems related to homelessness, the community must marshal its varied resources--community and economic development resources, social service resources, housing and homeless assistance resources--and use them in a coordinated and effective manner. 5. CoC Components. A CoC system consists of five basic components: a. A system of outreach and assessment for determining the needs and conditions of an individual or family who is homeless; b. Emergency shelters with appropriate supportive services to help ensure that homeless individuals and families receive adequate emergency shelter and referral to necessary service providers or housing search counselors; c. Transitional housing with appropriate supportive services to help those homeless individuals and families who are not prepared to make the transition to permanent housing and independent living; and d. Permanent housing, or permanent supportive housing, to help meet the long-term needs of homeless individuals and families. e. Prevention strategies play an integral role in a community's plan to eliminate homelessness. By law, prevention activities are ineligible activities in the three programs for which funds are awarded in this competition but are eligible for funding under the Emergency Shelter Grants block grant program. 6. CoC Planning Process. A CoC system is developed through a community-wide or region-wide process involving nonprofit organizations (including those representing persons with disabilities), government agencies, public housing authorities, community and faith-based organizations, other homeless providers, housing developers and service providers, private businesses and business associations, law enforcement agencies, private funding providers, and homeless or formerly homeless persons. A CoC system should address the specific needs of each homeless subpopulation: those experiencing chronic homelessness, veterans, persons with serious mental illnesses, persons with substance abuse issues, persons with HIV/AIDS, persons with co- occurring diagnoses (may include diagnoses of multiple physical disabilities or multiple mental disabilities or a combination of these two types), victims of domestic violence, youth, and any others. To ensure that the CoC system addresses the needs of homeless veterans, it is particularly important that you involve veteran service organizations with specific experience in serving homeless veterans. 7. CoC Funding is provided through the programs briefly described below. Please refer to the CoC Homeless Assistance Programs Chart in Section III.A.3 for a more detailed description of each program: a. The Supportive Housing Program (SHP) provides funding for the development of transitional and permanent supportive housing and services that help homeless persons transition from homelessness to living as independently as possible. Some services are also funded to assist in achieving the goal of self-sufficiency. b. The Shelter Plus Care (S+C) Program provides funding for rental assistance and requires grantees to identify service dollars. This gives applicants flexibility in devising appropriate housing and supportive services for homeless persons with disabilities. c. The Section 8 Moderate Rehabilitation Single Room Occupancy (SRO) Program provides rental assistance on behalf of homeless individuals in connection with the moderate rehabilitation of SRO dwellings. 8. Glossary of Terms: a. Applicant. An entity that applies to HUD for funds. See the CoC Homeless Assistance Programs Chart in Section III.A.3 for a list of entities that are eligible. An applicant must submit a SF-424. If selected for funding, the applicant becomes the grantee and is responsible for the overall management of the grant, including drawing grant funds and distributing them to project sponsors. The applicant is also responsible for supervision of project sponsor compliance with grant requirements. The applicant may also be a project sponsor. b. Applicant Certification. The form, required by law, in which an applicant certifies that it will adhere to certain statutory requirements, such as the Civil Rights Act of 1964. c. Chronically Homeless Person. An unaccompanied homeless individual with a disabling condition who has either been continuously homeless for a year or more OR has had at least four (4) episodes of homelessness in the past three (3) years. A disabling condition is defined as ``a diagnosable substance use disorder, serious mental illness, developmental disability, or chronic physical illness or disability, including the co-occurrence of two or more of these conditions.'' In defining the chronically homeless, the term ``homeless'' means ``a person sleeping in a place not meant for human habitation (e.g., living on the streets) or in an emergency homeless shelter.'' d. Consolidated Plan. A long-term housing and community development plan developed by state and local governments and approved by HUD. The Consolidated Plan contains information on homeless populations and should be coordinated with the CoC plan. It can be a source of information for the Unmet Need sections of the Housing Activities Chart. The plan contains both narratives and maps, the latter developed by localities using software provided by HUD. [[Page 14275]] e. Consolidated Plan Certification. The form, required by law, in which a state or local official certifies that the proposed activities or projects are consistent with the jurisdiction's Consolidated Plan and, if the applicant is a state or unit of local government, that the jurisdiction is following its Consolidated Plan. f. Continuum of Care. A collaborative funding approach that helps communities plan for and provide a full range of emergency, transitional, and permanent housing and service resources to address the various needs of homeless persons. g. Current Inventory. A complete listing of the community's existing beds and supportive services. h. Homeless Management Information Systems (HMIS). An HMIS is a computerized data collection application designed to capture client- level information over time on the characteristics and service needs of men, women, and children experiencing homelessness, while also protecting client confidentiality. It is designed to aggregate client- level data to generate an unduplicated count of clients served within a community's system of homeless services. An HMIS may also cover a statewide or regional area, and include several CoCs. The HMIS can provide data on client characteristics and service utilization. i. Homeless Person means a person sleeping in a place not meant for human habitation or in an emergency shelter; and a person in transitional housing for homeless persons who originally came from the street or an emergency shelter. For a more detailed discussion, see the Questions and Answers Supplement available on the web at www.hud.gov/offices/adm/grants/fundsavail.cfm. The programs covered by this NOFA are not for populations who are at risk of becoming homeless. j. NOFA. Notice of Funding Availability, published in the Federal Register to announce available funds and application requirements. k. Private Nonprofit Status. Private nonprofit status is documented by submitting either: (1) a copy of the Internal Revenue Service (IRS) ruling providing tax-exempt status under Section 501(c)(3) of the IRS Code; or (2) documentation showing that the applicant is a certified United Way agency; or (3) a certification from a designated official of the organization that no part of the net earnings of the organization inures to the benefit of any member, founder, contributor, or individual; that the organization has a voluntary board; that the organization practices nondiscrimination in the provision of assistance; and that the organization has a functioning accounting system that provides for each of the following (mention each in the certification): (1) Accurate, current and complete disclosure of the financial results of each federally sponsored project. (2) Records that identify adequately the source and application of funds for federally sponsored activities. (3) Effective control over and accountability for all funds, property and other assets. (4) Comparison of outlays with budget amounts. (5) Written procedures to minimize the time elapsing between the transfer of funds to the recipient from the U.S. Treasury and the use of the funds for program purposes. (6) Written procedures for determining the reasonableness, allocability and allowability of costs. (7) Accounting records, including cost accounting records, which are supported by source documentation. 1. Public Nonprofit Status. Public nonprofit status is documented for community mental health centers by including a letter or other document from an authorized official stating that the organization is a public nonprofit organization. m. Project Sponsor. The organization that is responsible for carrying out the proposed project activities. A project sponsor does not submit a SF-424, unless it is also the applicant. To be eligible to be a project sponsor, you must meet the same program eligibility standards as applicants do, as outlined in Section III.A.3, except in the Sponsor-based rental assistance (SRA) component of the S+C Program. Eligible sponsors for the SRA component are statutorily precluded from also applying for S+C funding. n. SF 424. The application cover sheet required to be submitted by applicants requesting HUD Federal Assistance. o. Safe Haven. A Safe Haven is a form of supportive housing funded and administered under the Supportive Housing Program serving hard-to- reach homeless persons with severe mental illness and other debilitating behavioral conditions who are on the streets and have been unwilling or unable to participate in supportive services. Safe Havens may be transitional supportive housing, or permanent supportive housing if it has the characteristics of permanent housing and requires participants to sign a lease. 9. Applicant Roles and Responsibilities. An applicant will be responsible for the overall management and administration of a particular grant, including drawing down the grant funds, distributing them to the project sponsors, overseeing project sponsors, collecting and disseminating community-level data, and reporting to HUD. Applicants can submit applications for projects on behalf of project sponsors, who will actually carry out the proposed project activities. Applicants can also carry out their own projects. In these cases, the applicant is responsible for both administering and managing a grant (as the grantee) and carrying out the project activities (as the project sponsor). II. Award Information A. Amount Allocated. Approximately $1 billion is available for this CoC competition in FY 2005. Any unobligated funds from previous CoC competitions or additional funds that may become available as a result of deobligations or recaptures from previous awards or budget transfers may be used in addition to FY 2005 appropriations to fund applications submitted in response to this NOFA. The FY 2005 Consolidated Appropriations Act requires HUD to obligate all CoC homeless assistance funds by September 30, 2007. These funds will remain available for expenditure for five (5) years following that date, except as provided by the 2005 Consolidated Appropriations Act, including up to $20 million awarded for the Section 8 Moderate Rehabilitation Single Room Occupancy (SRO) Program to be available until expended. The funds available for the CoC competition can be used under any of the three programs that can assist in creating community systems for combating homelessness. 1. Distribution of Funds: As in previous NOFAs for the CoC Homeless Assistance Programs, HUD will not specify amounts for each of the three programs this year. Instead, the distribution of funds among the three programs will depend largely on locally determined priorities and overall demand. a. Permanent Housing Requirement. Local priorities notwithstanding, the FY 2005 Consolidated Appropriations Act requires that not less than 30 percent of this year's Homeless Assistance Grants (HAG) appropriation, excluding amounts provided for one-year renewals under the Shelter Plus Care Program, must be used for permanent housing projects for all homeless populations. b. Chronic Homelessness Requirement. The Administration has established as a policy priority the goal of ending chronic homelessness. CoCs [[Page 14276]] are strongly encouraged to use the funds available in this NOFA to target persons experiencing chronic homelessness in their communities. HUD encourages communities to select projects that will contribute to the achievement of this important goal. CoCs should work closely with appropriate state and local governments and interagency councils on homelessness that are establishing their own ten-year plan for eliminating chronic homelessness. All these efforts should be coordinated and consistent with the community's HUD Consolidated Plan as well as the CoC's plan to end chronic homelessness. To work towards this goal, HUD is targeting the Samaritan Initiative for projects that exclusively serve individuals who are experiencing chronic homelessness. In addition, at least 10 percent of the appropriation will be awarded to new or renewal, transitional or permanent housing projects where at least 70 percent of the project's clients are expected to be chronically homeless (as defined by HUD) immediately prior to entry into the project. Housing projects include: SHP transitional housing, permanent housing and Safe Havens; S+C; and SRO projects. Since the housing funding allocation set-aside requirements are expected to continue in future competitions and may affect project funding selections, you are strongly encouraged to begin planning for new housing projects, particularly those serving individuals experiencing chronic homelessness, and include them as part of your submission in this competition. See Section V.B.3.a and V.B.3.b of this NOFA for additional information on the permanent housing and chronic homeless requirements. c. Lower-rated SHP Renewals. HUD reserves the authority to conditionally select for one year of funding lower-rated eligible SHP renewal projects that are assigned 40 need points in a CoC application receiving at least 25 points under the CoC scoring factor that would not otherwise receive funding for these projects. (See Section V.A.2.a and V.A.2.b of this NOFA for information on project rating and scoring.) Therefore, the projects must receive a minimum score of 65 points. Although these lower-rated SHP renewal projects will have scored below the otherwise recognized funding line, their funding allows homeless persons to continue to be served and move towards self- sufficiency. Not renewing these projects would likely result in the closure of these projects and displacement of the homeless people being served. 2. Prioritizing Projects for Funding. Project priority decisions are best made by members of the local community, including local government and community and faith-based organizations, which represent the various economic, housing and social resources within that community. For example, if HUD has funds available only to award 8 of 10 proposed projects, then it will award funding to the first 8 eligible projects listed, except as may be necessary to achieve the 30 percent overall permanent housing and the 10 percent chronic homelessness requirements; see Section V.B.3.a. and V.B.3.b. of this NOFA for additional information. In such cases, higher priority non- permanent housing projects may be de-selected to fund lower priority permanent housing projects and housing projects predominantly serving those persons experiencing chronic homelessness. 3. Grant Term. See chart in Section III.A.3. of this NOFA for information on the term of assistance for each of the three CoC programs covered in this NOFA. III. Eligibility Information A. Eligible Applicants 1. Eligible applicants for each program are those identified in the following chart. 2. Renewal Applicants. As a project applicant, you are eligible to apply for renewal of a grant only if you have executed a grant agreement for the project directly with HUD for SHP or S+C programs under a CoC NOFA. If you are a project sponsor or sub-recipient who has not signed such an agreement, you are not eligible to apply for renewal of these projects. 3.--Continuum of Care Homeless Assistance Programs ---------------------------------------------------------------------------------------------------------------- Elements Supportive housing Shelter plus care Section 8 SRO ---------------------------------------------------------------------------------------------------------------- AUTHORIZING LEGISLATION.............. Subtitle C of Title IV Subtitle F of Title IV Section 441 of the of the McKinney-Vento of the McKinney-Vento McKinney-Vento Homeless Assistance Homeless Assistance Homeless Assistance Act, 42 U.S.C. 11381. Act, 42 U.S.C. 11403. Act, 42 U.S.C. 11401. IMPLEMENTING REGULATIONS............. 24 CFR part 583........ 24 CFR part 582........ 24 CFR part 882, subpart H, except that all persons receiving rental assistance must meet the McKinney- Vento definition of homelessness. ELIGIBLE APPLICANT(S)................ [sbull] States......... [sbull] States......... [sbull] PHAs [sbull] Units of [sbull] Units of [sbull] Private general local general local nonprofit government. government. organizations. [sbull] Special purpose [sbull] PHAs........... units of government, e.g. PHAs. [sbull] Private nonprofit organizations. [sbull] Community Mental Health Centers that are public nonprofit organizations. ELIGIBLE COMPONENTST................. [sbull] Transitional [sbull] Tenant-based [sbull] SRO housing. housing. housing. [sbull] Permanent [sbull] Sponsor-based housing for disabled housing. persons only. [sbull] Project-based [sbull] Supportive housing. services not in [sbull] SRO-based conjunction with housing. supportive housing. [sbull] Safe Havens.... [sbull] Innovative supportive housing. [sbull] Homeless Mngt. Info. System (HMIS). [[Page 14277]] ELIGIBLE ACTIVITIES (See footnotes [sbull] Acquisition.... [sbull] Rental [sbull] Rental 1,2 and 3). [sbull] Rehabilitation. assistance. assistance. [sbull] New construction. [sbull] Leasing........ [sbull] Operating costs [sbull] Supportive services. ELIGIBLE POPULATIONS (See footnote 2) [sbull] Homeless [sbull] Homeless [sbull] Homeless individuals and disabled individuals. individuals. families. [sbull] Homeless disabled individuals & their families. POPULATIONS GIVEN SPECIAL [sbull] Homeless [sbull] Homeless [sbull] N/A. CONSIDERATION. persons with persons who are disabilities. seriously mentally [sbull] Homeless ill, Have chronic families with children. problems with alcohol and/or drugs, Have AIDS & related diseases.. INITIAL TERM OF ASSISTANCE........... 2 or 3 years for new 5 years: TRA, SRA, and 10 years. SHP 1, 2 or 3 years PRA if no rehab, 10 for new HMIS. years: SRO, and PRA with rehab. ---------------------------------------------------------------------------------------------------------------- Footnote 1: Homeless prevention activities are statutorily ineligible under these programs. Footnote 2: Persons at risk of homelessness are statutorily ineligible for assistance under these programs. Footnote 3: Acquisition, construction, rehabilitation, leasing, and operating costs for emergency shelters are statutorily ineligible for assistance under Shelter Plus Care and Section 8 SRO. B. Matching (Cost Sharing) You must match Supportive Housing Program funds provided for acquisition, rehabilitation, and new construction with an equal amount of cash from other sources. Since SHP by statute can pay no more than 75 percent of the total operating budget for supportive housing, you must provide at least a 25 percent cash match of the total annual operating costs. In addition, for all SHP funding for supportive services and Homeless Management Information Systems (HMIS) you must provide a 25 percent cash match. This means that of the total supportive services budget line item, no more than 80 percent may be from SHP grant funds. The cash source may be your agency, other Federal programs, state and local governments, or private resources. You must match rental assistance provided through the Shelter Plus Care Program in the aggregate with supportive services. Shelter Plus Care requires a dollar for dollar match; the recipient's match source can be cash or in kind from any of the sources above. Documentation of the match requirement must be maintained in the grantee's financial records on a grant-specific basis. C. Other 1. Eligible Activities. Eligible activities for the SHP, S+C, and SRO Programs are outlined in the preceding CoC Homeless Assistance Programs Chart at Section III.A.3. 2. Threshold Requirements. a. Project Eligibility Threshold. HUD will review projects to determine if they meet the following eligibility threshold requirements. If HUD determines the following standards are not met by a specific project or activity, the project or activity will be rejected from the competition. (1) Applicants and sponsors must meet the eligibility requirements of the specific program as described in program regulations and provide evidence of eligibility and appropriate certifications as specified by the attachments in Section VIII. (2) The population to be served must meet the eligibility requirements of the specific program as described in the program regulations and the application must clearly establish eligibility of program participants to be served pertaining to homelessness and disability status. (3) New this year, the only persons who may be served by new and renewal permanent housing projects are those who come from the streets, emergency shelters, or transitional housing. As participants leave currently operating projects, participants who meet this new eligibility standard must replace them. (4) Projects that involve rehabilitation or new construction must meet the accessibility requirements of Section 504 of the Rehabilitation Act of 1973, the design and construction requirements of the Fair Housing Act and the accessibility requirements of the Americans with Disabilities Act, as applicable. (5) The project must be cost-effective, including costs associated with construction, operations and supportive services with such costs not deviating substantially from the norm in that locale for the type of structure or kind of activity. (6) For those applicants applying for the Innovative component of SHP, whether or not a project is considered innovative will be determined on the basis that the particular approach proposed is new and can be replicated. (7) S+C renewal applications that are not submitted as part of a CoC application will not be considered as eligible for funding. (8) Under the Sponsor-based rental assistance S+C component, an applicant must subcontract the funding awarded with an eligible sponsor: a private nonprofit organization or a community mental health agency established as a public nonprofit organization, that owns or leases the housing where participants will reside.. (9) For the Section 8 SRO program, only individuals meeting HUD's definition of homeless are eligible to receive rental assistance. Therefore, any individual occupying a unit at commencement of the unit's rehabilitation will not receive rental assistance if they return to their unit (or any other) upon completion of its rehabilitation. (10) Applicants agree to participate in a local HMIS system when it is implemented in their community. b. Project Quality Threshold. HUD will review projects to determine if they meet the following quality threshold requirements. A S+C or SHP project renewal will be considered as having met these requirements through its previously approved grant application unless information to the contrary is received. The housing and services proposed must be appropriate to the needs of the program participants and [[Page 14278]] the community. HUD will assess the following: (1) The type, scale and general location of the housing fit the needs of the participants and that the housing is readily accessible to community amenities. (2) That the vast majority of the proposed participants come from the streets or homeless shelters or transitional housing for homeless persons. (3) The type, scale and location of the supportive services fit the needs of the participants and the mode of transportation to those services is described. (4) The specific plan for ensuring clients will be individually assisted to obtain the benefits of the mainstream health, social service, and employment programs for which they are eligible is provided. (5) How participants are helped to obtain and remain in permanent housing is described. (6) How participants are assisted to both increase their incomes and live independently is provided. (7) Applicants and sponsors must evidence satisfactory performance for existing grant(s). c. Project Renewal Threshold. Your local needs analysis process must consider the need to continue funding for projects expiring in calendar year 2006. HUD will not fund competitive renewals out of order on the priority list except as may be necessary to achieve the 30 percent overall permanent housing requirement and the 10 percent requirement for individuals experiencing chronic homelessness requirement. It is important that SHP renewals and S+C non-competitive renewals meet minimum project eligibility, capacity and performance standards identified in this NOFA or they will be rejected from consideration for either competitive or non-competitive funding. d. Civil Rights Thresholds: Applicants and the project sponsors must be in compliance with applicable civil rights laws and Executive Orders, and must meet the threshold requirements of the General Section. (1) Projects funded under this NOFA shall operate in a fashion that does not deprive any individual of any right protected by the Fair Housing Act (42 U.S.C. 3601-19), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) or the Age Discrimination Act of 1975 (42 U.S.C. 6101). (2) Local Resident Employment. To the extent that any housing assistance (including rental assistance) funded through this NOFA is used for housing rehabilitation (including reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair, and replacement) or housing construction, then it is subject to section 3 of the Housing and Urban Rehabilitation Act of 1968, and the implementing regulations at 24 CFR part 135. Section 3, as amended, requires that economic opportunities generated by certain HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be given to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to businesses that provide economic opportunities for these persons. (3) Relocation. The SHP, S+C, and SRO programs are subject to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA). These requirements are explained in HUD Handbook 1378, Tenant Assistance, Relocation and Real Property Acquisition. Also see General Section. (4) Environmental Reviews. All CoC assistance is subject to the National Environmental Policy Act and applicable related Federal environmental authorities. Conditional selection of projects under the CoC Homeless Assistance competition is subject to the environmental review requirements of 24 CFR 582.230, 583.230 and 882.804(c), as applicable. The recipient, its project partners and their contractors may not acquire, rehabilitate, convert, lease (under S+C/TRA where participants are required to live in a particular structure or area as described in Section III.C.3.e(3)(a)), repair, dispose of, demolish or construct property for a project under this CoC NOFA, or commit or expend HUD or local funds for such eligible activities, until the responsible entity has completed the environmental review procedures required by Part 58 and the environmental certification and Request for Release of Funds (RROF) have been approved or HUD has performed an environmental review under Part 50 and the recipient has received HUD approval of the property. The expenditure or commitment of Continuum of Care assistance or nonfederal funds for such activities prior to this HUD approval may result in the denial of assistance for the project under consideration. 3. Program Requirements. a. CoC Geographic Area. In deciding what geographic area you will cover in your CoC strategy, you should be aware that the single most important factor in being awarded funding under this competition will be the strength of your CoC strategy when measured against the CoC rating factors described in this NOFA. When you determine what jurisdictions to include in your CoC strategy area, include only those jurisdictions that are fully involved in the development and implementation of the CoC strategy. The more jurisdictions you include in the CoC strategy area, the larger the pro rata need share that will be allocated to the strategy area (as described in Section V.B.2.b. of this NOFA). If you are a rural county, you may wish to consider working with larger groups of contiguous counties to develop a region-wide or multi-county CoC strategy covering the combined service areas of these counties. The areas covered by CoC strategies should not overlap. b. Expiring/Extended Grants. If your SHP or S+C Program grant will be expiring in calendar year 2006, or if your S+C Program grant has been extended beyond its original five-year term and is projected to run out of funds in FY 2006, you must apply as a renewal under this CoC NOFA to get continued funding. c. Coordination with Mainstream Resources. If your project is selected for funding as a result of the competition, you will be required to coordinate and integrate your homeless program with other mainstream (non-homeless targeted) health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, Children's Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funded through the Mental Health Block Grant and Substance Abuse Block Grant, Workforce Investment Act, Welfare-to-Work grant program and Veterans Health Care. d. Prevention Strategies and Discharge Policies. In addition, as a condition for award, any governmental entity serving as an applicant must agree to develop and implement, to the maximum extent practical and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. While the state or local governmental entity having [[Page 14279]] jurisdiction in the area of the Continuum's application has the formal responsibility to enact the discharge policy, the Continuum is expected to actively involve itself in the planning and implementation of the discharge policy. This condition for award is intended to emphasize that states and units of general local government are primarily responsible for the care of these individuals, and to forestall attempts to use scarce McKinney-Vento Act homeless assistance funds to assist such persons in lieu of state and local resources. e. Program-Specific Requirements. Please be advised that where an applicant for the SHP funding is a state or unit of general local government that utilizes one or more nonprofit organizations to administer the homeless assistance project(s), administrative funds provided as part of the SHP grant must be passed on to the nonprofit organization(s) in proportion to the administrative burden borne by them for the SHP project(s). HUD will consider states or units of general local government that pass on at least 50 percent of the administrative funds made available under the grant as having met this requirement. This requirement does not apply to either the SRO Program, since only PHAs administer the SRO rental assistance, or to the S+C Program, since paying the costs associated with the administration of these grants is ineligible by regulation. (1) SHP--New Projects (a) Please note that the grant term for new SHP projects is two (2) or three (3) years. (b) HUD will require recordation of a HUD-approved use and repayment covenant (a form may be obtained from your field office) for all grants of funds for acquisition, rehabilitation or new construction. The covenant will enforce the use and repayment requirements found at section 423(b)(1) and (c) of the McKinney-Vento Act and must be approved by HUD counsel before execution and recordation. Proof of recordation must be provided to HUD counsel before funds for rehabilitation or new construction may be drawn down. (c) All project sponsors must meet applicant eligibility standards as described in Section III.A.3. As in past years, HUD will review sponsor eligibility as part of the selection process. Project sponsors are required to submit evidence of their eligibility with the application (See Section IV.B.1.(3)(a). (2) SHP--Renewal Projects (a) For the renewal of a SHP project, you may request funding for one (1), two (2) or three (3) years. (b) The total request for each renewable project cannot exceed the average yearly amount received in your current grant for that project, plus up to five percent for administration. Projects proposing both to renew the existing project and expand the number of units or number of participants receiving services must submit a new project proposal for the expansion portion of the project. HMIS activities being renewed should be included on the HMIS budget chart. (c) HUD will recapture SHP grant funds remaining unspent at the end of the previous grant period when it renews a grant. (3) S+C--New Projects (a) A project may not include more than one component, e.g., combining Tenant-based Rental Assistance (TRA) with Sponsor-based Rental Assistance (SRA) is prohibited within the same grant. Under the TRA component, in order to help provide supportive services or for the purposes of controlling housing costs, a grantee may require participants to live in a particular structure for the first year of assistance or to live in a particular area for the entire rental assistance period. Where this option is exercised, an environmental review and clearance must be performed prior to any commitment to lease a particular structure or unit for participant occupancy as described in Section III.C.2.d.(4), Environmental Reviews. (b) S+C/SRO Component. If you are a state or a unit of general local government, you must subcontract with a Public Housing Authority to administer the S+C assistance. Also, no single project may contain more than 100 units. (c) S+C SRA Component. Project sponsors must submit proof of their eligibility to serve as a project sponsor. (4) S+C Renewal Projects HUD encourages the consolidation of appropriate S+C renewal grants when the grants are under the same grantee, same component and expire in the same year. However, renewal requests for expiring S+C grants should still be listed individually on the CoC priority list and will be awarded as individual renewal grants. Where the grantee wishes to consolidate the renewal grants, this action may be subsequently accomplished by the field office at the point of renewal grant agreement execution. The field office will receive instructions for this process in the S+C Operating Procedures guidance for 2005 awards. (a) For the renewal of a S+C project, including S+C SROs, the grant term will be one (1) year, as specified by Congress. For the renewal of S+C rental assistance that is Tenant-based (TRA), Sponsor-based (SRA) or Project-based (PRA), you may request up to the amount determined by multiplying the number of units under lease at the time of your application for renewal funding by the applicable 2005 Fair Market Rent(s) by 12 months. Current FMRs can be found at www.hudclips.org. For S+C grants having been awarded one year of renewal funding in 2004, the number of units requested for renewal this year must not exceed the number of units funded in 2004. As is the case with SHP, HUD will recapture S+C grant funds remaining unspent at the end of the previous grant period when it renews a grant. The one-year term of non- competitively awarded S+C renewal projects may not be extended. (b) The renewal of S+C SROs expiring in 2006 will also be non- competitively awarded under this NOFA. For the renewal of S+C SRO rental assistance, you may request up to the amount determined by multiplying the number of units under contract at the time of your application for renewal funding by the contract rent at the time of expiration by 12 months. (c) Under the FY 2005 Consolidated Appropriations Act, eligible S+C Program grants whose terms are expiring in 2006, and S+C Program grants that have been extended beyond their original five-year terms but which are projected to run out of funds in 2006, will be renewed for one year provided that they are determined to be needed by the CoC as evidenced by their inclusion on the priority chart. These projects must also demonstrate that their applicant and sponsor meet eligibility, capacity and performance requirements described in Section V.A.1 of this NOFA. Non-competitive S+C renewals should be submitted by the application deadline. These S+C renewal projects will not count against a continuum's pro rata need amount, but should be numbered, continuing the priority sequence, on the CoC Priority Chart. On the other hand, no community hold harmless amount will be computed for any CoC using S+C renewal amounts since these projects are being funded outside of the competition. [[Page 14280]] (5) Section 8 Moderate Rehabilitation SRO Program--New Projects As an applicant, the following limitations apply to the Section 8 SRO program: (a) Under section 8(e)(2) of the United States Housing Act of 1937, no single project may contain more than 100 assisted units. (b) Under 24 CFR 882.802, applicants that are private nonprofit organizations must subcontract with a Public Housing Authority to administer the SRO assistance. (c) Under section 8(e)(2) of the United States Housing Act of 1937 and 24 CFR 882.802, rehabilitation must involve a minimum expenditure of $3,000 for a unit, including its prorated share of work to be accomplished on common areas or systems, to upgrade conditions to comply with the Physical Condition Standards. (d) Under section 441(e) of the McKinney-Vento Act and 24 CFR 882.805(d)(1), HUD publishes the SRO per unit rehabilitation cost limit each year to take into account changes in construction costs. This cost limitation applies to rehabilitation that is compensated for in a Housing Assistance Payments (HAP) Contract. For purposes of Fiscal Year 2005 funding, the cost limitation is raised from $19,500 to $20,000 per unit to take into account increases in construction costs during the past 12-month period. (e) The SRO Program is subject to the Federal standards at 24 CFR part 882, subpart H. (f) Individuals assisted through the SRO Program must meet the definition of homeless individual found at section 103 of the McKinney- Vento Act. (g) Resources outside the program pay for the rehabilitation, and rehabilitation financing. The rental assistance covers operating expenses of the SRO housing, including debt service for rehabilitation financing. Units may contain food preparation or sanitary facilities or both. (6) Section 8 Moderate Rehabilitation SRO Program--Renewals This program section of the NOFA is not applicable to the renewal of funding under the Section 8 SRO program. The renewal of expiring Section 8 SRO projects is not part of the competitive CoC NOFA process. Rather, expiring Section 8 SROs will be identified at the beginning of the applicable year by the public housing authority and HUD field office. One-year renewal funds for expiring Section 8 SRO HAP contracts will be provided by HUD under a separate, non-competitive process. For further guidance on Section 8 SRO renewals, please contact your local HUD field office. f. Timeliness Standards. As an applicant, you are expected to initiate your approved projects promptly in accordance with Section VI.A of this NOFA. In addition, HUD will take action if you fail to satisfy the following timeliness standards: (1) SHP: HUD will deselect your award if you do not demonstrate site control within one (1) year of the date of your grant award letter, as required by the McKinney-Vento Act (see 42 U.S.C. 11386(a)(3)) and implemented in program regulations at 24 CFR 583.320(a). Subsequent loss of site control beyond the 12-month statutory limit will be cause for cancellation of the award and recapture of funds. HUD may deobligate SHP funds if the following additional timeliness standards are not met: (a) You must begin construction activities within eighteen (18) months of the date of HUD's grant award letter and complete them within thirty-six (36) months after that notification. (b) For activities that cannot begin until construction activities are completed, such as supportive service or operating activities that will be conducted within the building being rehabilitated or newly constructed, you must begin these activities within three (3) months after you complete construction. (c) You must begin all activities that may proceed independent of construction activities, including HMIS, within twelve (12) months of the date of HUD's grant award letter. HUD may reduce a grant agreement term to one (1) year where implementation delays have reduced the amount of funds that reasonably can be used in the original term. (2) S+C Except SRO Component. HUD may deobligate S+C funds if you do not meet the following timeliness standards: (a) For Tenant-based Rental Assistance, for Sponsor-based Rental Assistance, and for Project-based Rental Assistance without rehabilitation, you must start the rental assistance within twelve (12) months of the date of HUD's grant award letter. (b) For Project-based Rental Assistance with rehabilitation, you must complete the rehabilitation within twelve (12) months of the date of HUD's grant award letter. (3) Section 8 Moderate Rehabilitation SRO Program and SRO Component of the S+C Program. For projects carried out under the Section 8 SRO program and the SRO component of the S+C program, the rehabilitation work must be completed and the HAP contract executed within twelve (12) months of execution of the Annual Contributions Contract. HUD may reduce the number of units or the amount of the annual contribution commitment if, in HUD's determination, the Public Housing Authority fails to demonstrate a good faith effort to adhere to this schedule. IV. Application and Submission Information A. Addresses to Request Application Package. A checklist of forms needed to complete the application is provided. Exhibits 1-4 and the Applicant Certifications are attachments as described in Section VIII below. The Exhibits, Geographic Codes, Initial Pro Rata Need Amounts, Applicant Certifications, and the Questions and Answers Supplement can be accessed at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. An applicant may also obtain a copy of the SuperNOFA by calling the NOFA Information Center at 1-800-HUD-8929 (voice) (this is a toll free number) or you may download it from the web site at http://www.grants.gov. Please note that all sections of the SuperNOFA are critical and must be carefully reviewed to ensure your application can be considered for funding. B. Content and Form of Application Submission. The only option for submitting a viable application under this NOFA is to submit the entire Continuum of Care application, with all of its projects, together in a single package mailed to HUD. Each application will consist of one Continuum of Care Exhibit and submissions from one or more applicants and project sponsors. Although HUD will accept an application for a project exclusive of participation in any community-wide or region-wide CoC development process, projects will receive few, if any, points under the CoC rating factors and are very unlikely to be funded. To ensure that no applicant is afforded an advantage in the rating of the CoC element (described in Section V.A.2.a.) HUD is establishing a limitation of 30 pages, excluding required multiple page tables or charts but including any attachments, on the length of Exhibit 1 of any application submitted in response to this NOFA. HUD will not consider the contents of any pages exceeding this limit when rating the Continuum of Care element of any application. Please note Exhibit 1, as well as Exhibits 2-4, should only include the actual application questions and responses being provided and should not include the HUD application instructions or any blank tables and [[Page 14281]] charts. The General Section contains certifications that the applicant will comply with fair housing and civil rights requirements, program regulations, and other Federal requirements, and (where applicable) that the proposed activities are consistent with the HUD-approved Consolidated Plan of the applicable state or unit of general local government. Attachment 7 to this NOFA contains program-specific Applicant Certifications. 1. Application Submission Requirements: a. A completed application will include one Exhibit 1 (CoC) and any number of Exhibits 2 (SHP New), 2R (SHP Renewal), 3 (S+C New), 3R (S+C Renewal) and 4 (SRO New), depending on the number of projects and type of programs proposed for funding. For example, if you were proposing five SHP Renewal projects and one S+C New project, then you would submit one Exhibit 1, five Exhibits 2R and one Exhibit 3. No submission would be necessary for Exhibit 4 because funding is not being requested under the Section 8 SRO program in this example. Refer to Assembly Order below for full assembling instructions. b. Assembly Order: Each CoC must submit the entire CoC application, with all of its parts, in a single package to HUD. There are three separate sections to a CoC submission: The CoC Exhibit 1, all applicant documentation, and all project documentation. The application must be assembled in the following order: (1) Section I--Exhibit 1 Narrative and Charts (a) Exhibit 1, the CoC plan with Forms CoC-A through N; (b) HUD-27300, Questionnaire for HUD's Initiative on Removal of Regulatory Barriers; (c) HUD 2993, Acknowledgment of Application Receipt; and (d) HUD 2994, Client Comments and Suggestions (optional). (2) Section II--Applicant Documentation (a) SF-424 Application for Federal Assistance. Submit one SF-424 for each applicant in the Continuum. Attached to each SF-424 must be a list of all the applicant's projects in priority number order, with project name and requested amount. Each SF-424 must also include the applicant's DUNS number. Please see the General Section for more information on obtaining a DUNS number. The SF-424 SUPP, Survey on Ensuring Equal Opportunity for Applicants, is for private nonprofits applicants only and completion/submission of this survey is voluntary. Additionally, each applicant must attach the following documentation (i-v) to its SF-424: (i) Documentation of Applicant Eligibility. Only applicants for new projects must include documentation of eligibility as defined in the chart in Section III.A.3. Also, see Section I.A.8.k. & l. of this NOFA for information on the documentation required to validate non-profit status. (ii) SF-LLL, Disclosure of Lobbying Activities, where applicable. (iii) Applicant Code of Conduct. (New applicants and applicants awarded HUD funding prior to 2005). (iv) HUD 40076-CoC, Applicant Certifications, located in Attachment 7 of this NOFA. (3) Section III--Project Documentation: Each project applying under Exhibits 2-4 must be submitted in its priority list order with all required forms for that exhibit. The following documentation must be included after each project submission: (a) Documentation of Sponsor Eligibility. Only sponsors for new projects must include documentation of eligibility as defined in the chart in Section III.A.3. See also Section I.A.8.m. for information on the documentation required to validate sponsor eligibility. (b) HUD-96010, Logic Model; (c) HUD-2880, Applicant/Recipient Disclosure/Update Report; (d) HUD-2991, Certification of Consistency with the Consolidated Plan; and (e) SF 424-SUPP, Survey on Ensuring Equal Opportunity for Applicants (for private nonprofit applicants only--completion of survey is voluntary). 2. Assembly Format a. The standard font to be used for narratives is Times New Roman, size 12 (pitch). Number all pages within each exhibit sequentially and insert tabs marking each exhibit. For Exhibit 1, CoC narrative, number pages from 1 up to 30 using letter suffixes where appropriate to indicate pages that do not count toward the 30 page limit as per the instructions for completing the CoC narrative. For example, the first page of a 4 page project leveraging chart would be numbered 23 while the next 3 pages of the chart would be numbered 23-A, 23-B, and 23-C. b. Please use a two-hole punch to insert holes at the top of your application. c. Please do not bind your application, since this impedes processing. C. Submission Dates and Times: 1. Application Submission Date. Your completed application should be submitted on or before June 10, 2005 to the addresses shown below. HUD will not accept faxed or hand delivered applications. a. Timeliness. Your application will be considered timely filed if your application is postmarked on or before 11:59:59 on the application submission date and received by HUD on or within fifteen (15) days of the application submission date. Applicants mailing their applications must take their application to a post office to get a receipt of mailing that provides the date and time the package was submitted to the USPS. Postal Service rules now require that large packages must be brought to a postal facility for mailing. In many areas, the USPS has made a practice of returning to the sender, large packages that have been dropped in a mail collection box. Paper copy applications submitted to the USPS by the submission date and time and received by HUD no later than 15 days after the established submission date will receive funding consideration. Applicants should request a receipt for mailing their application submission, which shows the date and time it was received by the Postal Service. If the USPS does not have a receipt showing a digital time stamp to record the submission time, HUD will also accept USPS Form 3817, Certificate of Mailing, date stamped by the Postal Service. Applicants may use any type of mail service provided by the USPS to have their application package delivered to HUD in time to meet the timely submission requirements. Applicants whose applications are determined to be late, who cannot furnish HUD with a receipt from the USPS that verifies the package was submitted to the USPS prior to the submission due date and time, will not receive funding. If your application is sent by overnight delivery or express mail, other than the United States Postal Service, your application will be timely filed if it is placed in transit with the overnight/express mail service on or before the application due date. Applicants should retain a receipt from these services showing that it was submitted for delivery by the application submission date and time. b. Field Office Copies. The HUD Field Office must also receive one copy of your application, with the same due date and timely filed requirements as described in Section IV.C.1.a above. The General Section provides for a process to use the HUD Field Office copy of the application when a portion may be missing from the HUD Headquarters copy. To supplement that guidance, in the rare event that a CoC's entire [[Page 14282]] application is not received at HUD Headquarters on time, HUD may similarly request proof that the Headquarters and Field Office copy was timely filed and, if so, may use the copy received by the Field Office for review. D. Intergovernmental Review. Not applicable. This funding opportunity is not subject to Executive Order (EO) 12372. E. Funding Restrictions. Funding Restrictions are outlined in Sections V.B.3.a and V.B.3.b. F. Other Submission Requirements: 1. Addresses for Submitting Applications a. To HUD Headquarters. Submit your original completed application (the application with the original signed documentation) and one additional copy of Exhibit 1 only to: HUD Headquarters, Robert C. Weaver Building, 451 Seventh Street, SW., Room 7270, Washington, DC 20410, Attention: Continuum of Care Programs. b. To the Appropriate CPD Field Office. Also submit one copy of your completed application to the Community Planning and Development Division of the appropriate HUD Field Office for your jurisdiction. Please see the General Section for Field Office addresses. 2. Security Procedures. HUD recommends that applications be mailed or shipped express using the United States Postal Service (USPS). However, applications shipped via United Parcel Service (UPS), FedEX, DHL, or Falcon Carrier will also be accepted. Due to HUD security regulations, no other delivery service is permitted into HUD Headquarters without escort. You must, therefore, use one of the four carriers listed above. HUD will not be responsible if a carrier other than one of the named carriers is unable to deliver your application. V. Application Review Information A. Criteria. Your application will receive a higher score under the CoC scoring factors if the application demonstrates the achievement of three basic goals: --One, that you have provided maximum participation in the planning process by nonprofit organizations (including those representing persons with disabilities), government agencies, public housing authorities, faith-based and other community-based organizations, other homeless providers, housing developers and service providers, private businesses and business associations, law enforcement agencies, funding providers, and homeless or formerly homeless persons. Also, you ensure that other 10 year plans within your CoC's geographic area are aligned with the CoC plan; --Two, that you have created, maintained, and built upon a community- wide inventory of housing and services for homeless families and individuals (both HUD and non-HUD funded); identified the full spectrum of needs of homeless families and individuals; and coordinated efforts to fill gaps between the current inventory and existing needs. This coordinated effort must appropriately address all aspects of the continuum, especially permanent housing; and --Three, that you have instituted a CoC-wide strategy to coordinate homeless assistance with mainstream health, social services and employment programs for which homeless individuals and families may be eligible. These programs include, but are not limited to, Medicaid, Children's Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funded through the Mental Health Block Grant and Substance Abuse Block Grant, Workforce Investment Act, Welfare-to-Work grant program, and Veterans Health Care. 1. Applicant and sponsor eligibility, capacity and performance: HUD will review applications to ensure that the applicant and project sponsor meet the eligibility and capacity standards outlined in this section. If HUD determines these standards are not met, the project will be rejected from the competition. The eligibility, capacity and performance standards are as follows: a. You must be eligible to apply for the specific program. b. You must demonstrate ability to carry out the project(s). With respect to each proposed project, this means that, in addition to knowledge of and experience with homelessness in general, the organization carrying out the project, its employees, or its partners, must have the necessary experience and knowledge to carry out the specific activities proposed, such as housing development, housing management, and service delivery. c. If you or the project sponsor is a current or past recipient of assistance under a HUD McKinney-Vento Act program, there must have been no delay in meeting applicable program timeliness standards unless HUD determines the delay in project implementation is beyond your or the project sponsor's control, there are no serious unresolved HUD monitoring finding, and no outstanding audit finding of a material nature regarding the administration of the program. 2. Review, Rating and Conditional Selection. HUD will use the same review, rating, and conditional selection process for all three programs (SHP, S+C and SRO). The standard factors for award identified in the General Section have been modified in this NOFA as described below. Only the factors described in this NOFA--Continuum of Care and Need--will be used to assign points. Paragraphs 2a and 2b in this section describe selection factors. Up to 100 points will be assigned using these factors, including rating points for HUD's policy priority of ending chronic homelessness by 2012; and the policy priority for removing regulatory barriers to affordable housing (see Section V.A.2.a.(1)(c) and (d) below on both policy priorities). There are no bonus points for proposing projects in an RC/EZ/EC-IIs. a. Continuum of Care. HUD will award up to 60 points as follows: (1) Process and Strategy: HUD will award up to 17 points based on the extent to which your application demonstrates: (a) The existence of a coordinated and inclusive community process, including organizational structure(s), for developing and implementing a CoC strategy which includes nonprofit organizations (such as veterans service organizations, organizations representing persons with disabilities, faith-based and other community-based organizations, and other groups serving homeless and other low-income persons), state and local governmental agencies, public housing authorities, housing developers and service providers, law enforcement, hospital and medical entities, funding providers, local businesses and business associations, and homeless or formerly homeless persons; and (b) That a well-defined and comprehensive strategy has been developed which addresses the components of a CoC system (i.e., prevention, outreach, intake, and assessment; emergency shelter; transitional housing; permanent independent housing; and permanent supportive housing) and that strategy has been designed to serve all homeless subpopulations in the community (e.g., seriously mentally ill, persons with multiple diagnoses, veterans, persons with HIV/AIDS), including those persons living in emergency shelters, supportive housing for homeless persons, or in places not designed for, [[Page 14283]] or ordinarily used as, a regular sleeping accommodation for human beings. (c) The existence of a realistic strategy for ending chronic homelessness that establishes past performance, future goals and action steps. It should be aligned with other 10-year plans in the community to eliminate chronic homelessness (if applicable), and the local HUD Consolidated Plan. (d) A local plan and/or existing policy to remove regulatory barriers to the production of affordable housing. As provided for in the General Section, HUD will award up to 2 points, within the 17 points for this rating factor, based on the extent that the CoC's application demonstrates a local plan to remove regulatory barriers to affordable housing. Applicable activities include the support of state and local efforts to streamline processes, eliminate redundant requirements, statutes, regulations, and codes that impede the availability of affordable housing. The response (one questionnaire per CoC) should be submitted for consideration as a completed HUD Form 27300, Questionnaire for HUD's Initiative on Removal of Regulatory Barriers. The continuum should submit the questionnaire for the local jurisdiction where the majority of its CoC assistance will be provided. Please identify the name of the jurisdiction reported on the top of the first page of the returned questionnaire. This questionnaire can be found in the attachments to the General Section and should be submitted with Exhibit 1. (e) Participation in Energy Star. In keeping with the Administration's policy priority of promoting energy efficient housing while protecting the environment, applicants applying for new construction or rehabilitation funding, who maintain housing or community facilities or provide services in those facilities, are encouraged to promote energy efficiency and are specifically encouraged to purchase and use Energy Star labeled products. Refer to the General Section for detailed information. (f) Your Continuum's progress in working with the appropriate local government entity to develop and implement a discharge policy for persons leaving publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. (2) HMIS Implementation. HUD will award up to 5 points based upon the extent to which your application demonstrates progress in the planning, implementation and operation of an HMIS system covering at a minimum all street outreach, emergency shelters and transitional housing programs so that a reliable, unduplicated count of homeless persons on the street and in shelters may be conducted. (3) Gaps and Priorities: HUD will award up to 10 points based on the extent to which your application: (a) Describes the gap analysis performed, uses reliable information and sources that are presented completely and accurately; and (b) Proposes projects that are not inconsistent with the unmet need described in the CoC strategy, describes a fair project selection process, explains how gaps identified through the analysis are being addressed, and correctly completes the priority chart. (4) Leveraging Supplemental Resources: HUD will award up to 8 points based on the extent to which your application demonstrates leveraging of funds requested under this NOFA with other resources, including private, other public, and mainstream services and housing programs, for proposed projects and ongoing efforts. To achieve the highest rating for this factor, applicants must evidence explicit Continuum-wide strategies to coordinate homeless assistance with mainstream health, social services and employment programs for which homeless populations may be eligible, and to use those benefits as appropriate and practicable to help offset supportive service costs of the programs that would otherwise be paid for with HUD funding. These include, but are not limited to, Medicaid, Children's Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funding through the Mental Health Block Grant and Substance Abuse Block Grant, Workforce Investment Act, the Welfare-to-Work grant program, and Veterans Health Care. (5) Emphasis on Housing Activities: HUD will award up to 12 points based upon the relationship between funds requested for housing activities (i.e., transitional and permanent) and funds requested for supportive service activities among projects assigned 40 need points (excluding S+C renewals). Points will be awarded on a sliding scale with the Continuums with the highest percentage of approvable requests for funds for housing activities receiving the highest points. HUD will count as housing activity all approvable requests for funds for rental assistance and approvable requests for funds for acquisition, rehabilitation, construction, leasing and operations when used in connection with housing. HMIS costs and administrative costs will be excluded from this calculation as either a housing or supportive service cost. (6) Performance Measurement: HUD will award up to 8 points based upon the CoC's progress in reducing homelessness. This will be measured by program participants' success in moving to and maintaining permanent housing as reported in the most recent APR. HUD will also be assessing the extent to which participants successfully become employed and access mainstream programs. These measures emphasize HUD's determination to assess grantees' performance in the prior program year and to determine if they are meeting the overall goal of the Homeless Assistance Grants under which they are funded. Both housing and supportive services only projects will be assessed, using the data submitted in the Exhibit 1 CoC Project Performance on Form HUD 40076 CoC-M. b. Need: HUD will award up to 40 points for need. There is a three- step approach to determining the need scores to be awarded to projects (1) Step 1--HUD's Determination of preliminary pro rata need: To determine the homeless assistance need of a particular jurisdiction, HUD will use nationally available data, including the following factors as used in the Emergency Shelter Grants (ESG) program; data on poverty, housing overcrowding, population, age of housing, and growth lag. Applying those factors to a particular jurisdiction provides an estimate of the relative need index for that jurisdiction compared to other jurisdictions applying for assistance under this NOFA. (2) Step 2--Determining CoC hold harmless pro rata need: In CoCs where the total amount needed to fund, for one year, all SHP grants eligible for renewal in this competition exceeds the preliminary pro rata need amount for that CoC, the CoC will receive this higher amount, referred to as the CoC hold harmless amount. This adjustment was formerly known as the renewal bonus. SHP grants eligible for renewal are those that expire between January 1, 2006 and December 31, 2006. No adjustment will be made for S+C renewals. To provide communities with maximum flexibility in addressing current needs, CoCs have the discretion to not fund or to reduce one or more SHP renewal project applications and still receive the benefit of the hold harmless amount if the CoC proposes to use that amount of reduced renewal funds for new permanent supportive housing projects. . Please be advised [[Page 14284]] that the new projects (and the renewal dollars attached) proposed through this reallocation are subject to the competitive process, i.e., the CoC must score above the national funding line for the projects to be funded. (3) Step 3--Samaritan Housing Initiative: Formerly referred to as the Permanent Housing Bonus, this special incentive to promote permanent supportive housing for the chronically homeless is provided to CoC systems that place an eligible, new permanent housing project in the number one priority position on the priority list. If the number one priority project qualifies as an eligible, new permanent housing project exclusively serving the chronically homeless, then the full amount of that project's eligible housing activities, up to a maximum 15 percent of the CoC's preliminary pro rata need, will be added to the pro rata need amount for the Continuum. The only eligible activities that will be counted toward this bonus are housing activities and for SHP, case management, and administration. Applicants may use no more than 20 percent of this bonus for case management costs. Please note: any amount of the proposed project exceeds the limitations described above will be applied against the pro rata need for the CoC. For the SHP program, housing activities are acquisition, new construction, rehabilitation, leasing of housing and operating costs when used in connection with housing. S+C and SRO rental assistance are defined as housing activities and are eligible under the incentive as well. HMIS costs will be excluded from this calculation as either a housing or supportive service cost. The dollar amount determined after application of each of these steps, as applicable, is referred to as the ``final pro rata need amount.'' Please be advised that the final funding amount awarded to Shelter Plus Care or Section 8 SRO projects may be different from the requested amount due to changes in the FMRs. HUD will apply FMR changes after selection. (4) Awarding need points to projects: Once HUD establishes the final pro rata need, HUD will apply it against the priority project list in the application. Starting from the highest priority project, HUD will proceed down the list to award need points to each project. Any project not falling fully within the 40 point need range will receive 10 need points. Thereafter, HUD will proceed further down the priority project list and award 10 points for need to each project if it falls fully within the ``second level'' of pro rata need amount for that CoC. The ``second level'' is the amount between the pro rata need and twice the pro rata need for the CoC. Remaining projects each receive 5 points. If the projects for the Continuum are not prioritized, then all projects will receive 0 points for Need. B. Reviews and Selection Process. 1. Review, Rating and Ranking. HUD may employ rating panels to review and rate applications. See the General Section for more information on rating panels. Two types of reviews will be conducted--threshold review and selection factor (CoC and Need) rating. Applicant and Sponsor Eligibility and Capacity as well as Project Eligibility and Project Quality are threshold reviews. Threshold reviews are explained in Section III.C.2 of this NOFA, which covers eligible applicants and projects. HUD will add the score for the CoC to the Need score to obtain a total score for each project. The projects will then be ranked nationally from highest to lowest according to the total combined score. 2. Conditional Selection and Adjustments to Funding. a. Conditional Selection. Whether a project is conditionally selected, as described in Section VI.A, will depend on its overall ranking compared to others, except that HUD reserves the right to select lower rated eligible projects in order to meet the 30 percent overall permanent housing requirement, as well as the 10 percent chronic homeless requirement. Projects that are included in the 10 percent chronic homeless requirement may also be part of the 30 percent overall permanent housing requirement. (See Section V.B.3 for additional selection considerations regarding these requirements.) When insufficient funds remain to fund all projects in the competition having the same total score, HUD will first fund permanent housing projects if necessary to achieve the 30 percent overall permanent housing requirement. HUD will then fund non-permanent housing, safe haven-TH and transitional housing projects that predominantly serve individuals experiencing chronic homelessness in order to achieve the 10 percent chronic homeless requirement. HUD will then break ties among the remaining projects with the same total score by comparing scores received by the projects for each of the following scoring factors, in the order shown: Need, Overall CoC score, CoC Process and Strategy, CoC Gaps and Priorities, CoC Supplemental Resources, Housing Emphasis and Performance. The final tie-breaking factor is the priority number of the competing projects on the applicable CoC priority list(s). HUD has determined that the Congressional goal of enhancing homeless data collection at the CoC level is best achieved by assisting CoCs seeking dedicated Homeless Management Information Systems (HMIS) to receive Supportive Housing Program funds. To this end, HUD reserves the right to fund for at least one year lower rated eligible dedicated HMIS projects receiving 40 need points and at least 25 Continuum points. b. Adjustments to Funding: HUD has determined that geographic diversity is an appropriate consideration in selecting homeless assistance projects in the competition. HUD believes that geographic diversity can be achieved best by awarding grants to as many CoCs as possible. To this end, in instances where any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa does not have at least one funded CoC, HUD reserves the right to fund eligible project(s) receiving 40 Need points in the CoC with the highest total score in that jurisdiction. To qualify for funding, the total score for these first level projects on the CoC priority list must be at least 65 points. In the case of two or more CoCs with the same total score, HUD will use the tie-breaking rules described above. In addition, if the highest priority project passing threshold requirements within a CoC fails to meet the criteria for receiving 40 Need points, HUD reserves the right to reduce the total requested amount for that project to allow it to qualify for 40 Need points. If you do not submit clear project priority designations for the Continuum or if HUD, at its sole discretion, cannot determine the CoC's priority designations, then HUD will give all such projects 0 Need points. If the CoC requests a new permanent housing project as the highest priority, and HUD determines that it is not a permanent housing project, HUD reserves the right to not award funds to that project rather than reclassify the component. The intent of this provision is to preserve PRN for lower ranking projects. Finally, if the total amount that would be awarded for first level projects in a CoC exceeds the final pro rata need amount for that CoC, the lowest priority first level project being selected for funding will be reduced to the amount that is wholly within the higher need level. HUD may otherwise adjust funding of applications in accordance with the provisions of the General Section. In addition, HUD reserves the right to ensure that a project that is applying for, and eligible for, selection under this competition is not awarded funds that [[Page 14285]] duplicate activities. If the geography included in your CoC strategy substantially overlaps that of another application, projects within the CoC application that receive the highest CoC score will be eligible for up to 40 Need points. Projects in the competing CoC application with the lower CoC score will receive 0 need points. In no case will the same geographical area be used more than one time in assigning Need points. The local HUD Field Office can help you determine if any of the areas proposed for inclusion by your CoC system is also likely to be claimed under another CoC system in this competition. 3. Additional Selection Considerations. HUD also will apply the limitations on funding described below in making conditional selections. a. Thirty Percent Permanent Housing Requirement. In accordance with the appropriation for homeless assistance grants in the Fiscal Year 2005 Consolidated Appropriations Act, HUD will use not less than 30 percent of the total FY 2005 Homeless Assistance Grants appropriation, excluding amounts provided for renewals under the S+C Program, to fund projects that meet the definition of permanent housing. Projects meeting the definition of permanent housing for this purpose are: (1) New and renewal projects under the SHP that are designated as either permanent housing for homeless persons with disabilities or Safe Haven projects designated as having the characteristics of permanent housing for homeless persons with disabilities, including having leases with all program participants. All such permanent housing projects chosen for this purpose must have received at least 10 Need points, and must be submitted as part of a CoC application receiving at least 25 points under the CoC scoring factor. However, no CoC applicant may receive more than 30 percent of its pro rata need, up to $3 million, for ``second-level'' permanent housing projects assigned 10 Need points that are selected for funding under this procedure. (See Section V.A.2.b (4) for definition of ``second-level''.) HUD will award no less than 30 percent of the total FY 2005 Homeless Assistance Grants appropriation, excluding amounts for S+C renewals, for permanent housing projects unless an insufficient number of approvable permanent housing projects are submitted. In order to meet this permanent housing funding requirement and stay within the total funding amount available, initially selected Supportive Service Only (SSO) and non-permanent housing projects will be deselected if necessary to add an adequate number of permanent housing projects, even if they are lower scoring housing projects. HUD will, if necessary, first proceed to de-select new SSO projects initially selected, starting with lowest scoring new projects and proceeding to higher scoring new SSO projects initially selected. If the funding line is still exceeded, HUD will proceed to de-select the lowest scoring new non-permanent housing projects initially selected and proceed to higher scoring new non-permanent housing projects. Finally, if the funding line is still exceeded HUD will proceed to de-select SSO and then other non-permanent housing renewal projects until all selected projects are within the funding line. (2) New S+C projects; and (3) SRO projects. b. Ten Percent Housing for Chronic Homeless Requirement: HUD has implemented a requirement that at least 10 percent of the appropriation must be awarded for projects predominantly serving individuals experiencing chronic homelessness. To be considered predominantly serving chronically homeless people, at least 70 percent of the persons served in this project must meet HUD's definition of chronic homelessness. Permanent housing, transitional and safe haven housing projects, whether new or renewal, that commit to predominantly serving persons experiencing chronic homelessness will be counted for this purpose. To meet this requirement, HUD will also include permanent housing projects selected for the 30 percent requirement that predominantly serve chronically homeless persons. S+C renewals will then be screened to count projects predominantly serving chronically homeless persons. If the 10 percent requirement is not yet met, permanent, transitional and safe haven housing projects below the funding line that predominantly serve chronically homeless persons will also be selected to achieve this requirement. c. Distribution of Selections: In accordance with section 429 of the McKinney-Vento Act, HUD will award Supportive Housing Program funds as follows: not less than 25 percent for projects that primarily serve homeless families with children; not less than 25 percent for projects that primarily serve homeless persons with disabilities; and not less than 10 percent for supportive services not provided in conjunction with supportive housing. After projects are rated and ranked, based on the factors described above, HUD will determine if the conditionally selected projects achieve these minimum percentages. If not, HUD will skip higher-ranked projects in order to achieve these minimum percentages. In accordance with section 463(a) of the McKinney-Vento Act, as amended by the Housing and Community Development Act of 1992, at least 10 percent of S+C funds will be awarded for each of the four components of the program: Tenant-based Rental Assistance; Sponsor-based Rental Assistance; Project-based Rental Assistance; and Single Room Occupancy (provided there are sufficient numbers of approvable projects to achieve these percentages). After projects are rated and ranked, based on the factors described above, HUD will determine if the conditionally selected projects achieve these minimum percentages. If necessary, HUD will skip higher-ranked projects in order to achieve these minimum percentages. In accordance with section 455(b) of the McKinney-Vento Act, no more than 10 percent of the assistance made available for S+C in any fiscal year may be used for programs located within any one unit of general local government. In accordance with section 441(c) of the McKinney-Vento Act, no city or urban county may have SRO Section 8 projects receiving a total of more than 10 percent of the assistance made available under this program. HUD is defining the 10 percent availability this fiscal year as $10 million for S+C and $10 million for Section 8 SRO. However, if the amount awarded under either of these two programs exceeds $100 million, then the amount awarded to any one unit of general local government (for purposes of the S+C Program) or city or urban county (for the purposes of the Section 8 SRO Program) could be up to 10 percent of the actual total amount awarded for that program. Lastly, HUD reserves the right to reduce the amount of a grant if necessary to ensure that no more than 10 percent of assistance made available under this NOFA will be awarded for projects located within any one unit of general local government or within the geographic area covered by any one Continuum of Care. If HUD exercises a right it has reserved under this NOFA, that right will be exercised uniformly across all applications received in response to this NOFA. 4. Corrections to Deficient Applications. The General Section provides the procedures for corrections to deficient applications. [[Page 14286]] VI. Award Administration Information A. Award Notices 1. Action on Conditionally Selected Applications. HUD will notify conditionally selected applicants in writing. HUD may subsequently request them to submit additional project information, which may include documentation to show the project is financially feasible; documentation of firm commitments for cash match; documentation showing site control; information necessary for HUD to perform an environmental review; a copy of your Code of Conduct; and such other documentation as specified by HUD in writing to the applicant, that confirms or clarifies information provided in the application. HUD will notify SHP, SRO, S+C and S+C/SRO applicants of the deadline for submission of such information. If an applicant is unable to meet any conditions for fund award within the specified timeframe, HUD reserves the right not to award funds to the applicant and add them to funds available for the next competition for the applicable program. 2. Applicant Debriefing: See the General Section for applicant debriefing procedures. 3. Appeals Process: Applicants may appeal the results of HUD's review and selection process if they believe a HUD error has occurred. Appeals must be submitted in writing to the Assistant Secretary for Community Planning and Development and must state what HUD error the applicant believes has occurred. B. Administrative and National Policy Requirements 1. Administrative Requirements. a. The Government Performance and Results Act (GPRA) require Federal agencies to measure the performance of their programs. HUD captures this information not only from monitoring visits and APRs, but also on the data gathered in annual competitions. For example, the description of methods used in determining the project priority order submitted in Exhibit 1, Form HUD 40076 CoC-K, Project Priorities Chart, provides verification that projects are performing satisfactorily and are effectively addressing the needs for which they were designed. HUD's homeless assistance programs are measured in 2005 by the objective to ``end chronic homelessness and to move homeless families and individuals to permanent housing.'' This objective has a number of measurable indicators, five of which relate directly to the Continuum of Care homeless assistance programs. These five indicators are: (1) At least 386 functioning CoC communities or 93 percent of our continuums will have a Homeless Management Information System (HMIS) in 2005. This information is collected via Exhibit 1, Form HUD 40076 CoC- J, HMIS; (2) The number of persons experiencing chronic homelessness declines by up to 50 percent by FY 2008. This information is captured in Exhibit 1, Form HUD 40076 CoC-I, Homeless Population and Subpopulations Chart; (3) The percentage of formerly homeless individuals who remain housed in HUD permanent housing projects for at least 6 months will be 70 percent. Stability in this permanent housing is addressed in Exhibit 1, Form HUD 40076 CoC-M, CoC Project Performance; (4) The percentage of homeless persons who have moved from HUD transitional housing to a form of permanent housing will be 60 percent. The success of transitional housing is addressed in Exhibit 1, Form HUD 40076 CoC-M, CoC Project Performance; and (5) The employment rate of persons exiting HUD homeless assistance projects will be 10 percentage points greater than the employment rate of those entering. Obtaining employment is addressed in Exhibit 1, Form HUD 40076 CoC-M, Project Performance Chart. b. To achieve this objective and each of these measurable indicators, HUD needs your community's help. The emphasis in this year's competition on housing chronically homeless persons, using HUD funds for transitional and especially permanent housing, helping clients access mainstream service programs and jobs, and implementing HMIS are all aligned with this GPRA objective and its performance indicators. 2. Sanctions. Should HUD determine, in its sole discretion, that sufficient evidence exists to confirm that the entity responsible for convening and managing the CoC process in a community has failed to follow locally established or accepted procedures governing the conduct of that process or has failed to provide for a fair process, including a project priority selection process that gives equal consideration to projects proposed by nonprofit organizations, HUD reserves the authority to impose sanctions up to and including a prohibition on that entity and the individuals comprising that entity from participating in that capacity in the future. In making this determination, HUD will consider as evidence court proceedings and decisions, or the determinations of other independent and impartial review bodies. This authority cannot be exercised until after a description of procedural safeguards, including an opportunity for comment and appeal, and the specific process and procedures for imposing a prohibition or debarment, have been published in the Federal Register. C. Reporting: Once conditionally selected applications advance to full award and execution of a grant agreement, grantees are required to submit an Annual Progress Report (APR) and a completed Logic Model showing outputs and outcomes achieved for the year to both HUD Headquarters and the respective Field Office each year. Also, Grantees who expend $500,000 or more in a year in Federal awards are reminded they must have a single or program-specific audit for that year in accordance with the provisions of 24 CFR 45 and OMB Circular No. A-133. The APR for HUD's competitive homeless programs provides information to HUD necessary for program monitoring and evaluation. A key element that has been recently added to the APR is measuring the incidence of chronic homelessness and your Continuum's progress in moving individuals into permanent housing. The process of gathering and analyzing the information needed to complete the APR also assists local projects with their own program evaluation. The APR is the mechanism used by HUD Headquarters and Field Offices to review the performance of funding recipients on an annual basis. The reports permit HUD to understand what types of clients are being served in its homeless assistance programs and what the programs' success rate is in helping homeless families and individuals achieve residential stability and increase their skills and/or incomes. For the SHP and S+C programs, the APR also reports to HUD the amount of local match that has been provided to fulfill statutory and regulatory requirements. The Department has used the reports to monitor grant execution and to evaluate the eligibility of the population being served and housed, as well as the supportive services offered to the participants. The APR helps identify how effective the grantee has been in helping program participants achieve residential stability, greater self-determination, and increase skills or income which are our program goals and objectives. This also allows the [[Page 14287]] grantee to revise or set goals for the next year. VII. Agency Contacts A. For Further Information. You may contact the HUD Field Office serving your area, at the telephone number shown in the General Section, or you may contact the NOFA Information Center at 1-800-483- 8929 or by Internet at: http://www.hud.gov. Individuals who are hearing-or speech-impaired should use the Information Relay Service at 1-800-877-8339 (these are toll-free numbers). B. For Technical Assistance. Before the application deadline, HUD staff will be available to provide you with general guidance. HUD staff, however, cannot provide you with guidance in actually preparing your application. HUD Field Office staff also will be available to help you identify organizations in your community that are involved in developing the CoC system. Following conditional selection of applications, HUD staff will be available to assist selected applicants in clarifying or confirming information that is a prerequisite to the offer of a grant agreement or Annual Contributions Contract by HUD. However, between the application deadline and the announcement of conditional selections, HUD will accept no information that would improve the substantive quality of your application pertinent to HUD's funding decision. C. Satellite Broadcast. HUD will hold one or more information broadcasts via satellite for potential applicants to learn more about the program and preparation of the application. Viewing of these broadcasts, which will provide critical information on the application process, is highly recommended. For more information about the date and time of the broadcast, you should consult the HUD Web site at http://www.hud.gov. VIII. Other Information A. Paperwork Reduction Act The information collection requirements contained in this document have been submitted to the Office of Management and Budget (OMB) for approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520) and OMB approval is pending. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 44 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. B. This final section lists the attachments that are critical to the application process. Please see Section IV.B.1.b of this NOFA for a complete description of the forms and certifications required and the order of assembly. In addition to applicant and sponsor documentation of eligibility, please provide: [[Page 14288]] [GRAPHIC] [TIFF OMITTED] TN21MR05.315 [[Page 14289]] [GRAPHIC] [TIFF OMITTED] TN21MR05.316 [[Page 14290]] [GRAPHIC] [TIFF OMITTED] TN21MR05.317 [[Page 14291]] [GRAPHIC] [TIFF OMITTED] TN21MR05.318 [[Page 14292]] [GRAPHIC] [TIFF OMITTED] TN21MR05.319 [[Page 14293]] [GRAPHIC] [TIFF OMITTED] TN21MR05.320 [[Page 14294]] [GRAPHIC] [TIFF OMITTED] TN21MR05.321 [[Page 14295]] [GRAPHIC] [TIFF OMITTED] TN21MR05.322 [[Page 14296]] [GRAPHIC] [TIFF OMITTED] TN21MR05.323 [[Page 14297]] [GRAPHIC] [TIFF OMITTED] TN21MR05.324 [GRAPHIC] [TIFF OMITTED] TN21MR05.325 [[Page 14298]] [GRAPHIC] [TIFF OMITTED] TN21MR05.326 [[Page 14299]] [GRAPHIC] [TIFF OMITTED] TN21MR05.327 [[Page 14300]] [GRAPHIC] [TIFF OMITTED] TN21MR05.328 [[Page 14301]] [GRAPHIC] [TIFF OMITTED] TN21MR05.329 [[Page 14302]] [GRAPHIC] [TIFF OMITTED] TN21MR05.330 [[Page 14303]] [GRAPHIC] [TIFF OMITTED] TN21MR05.331 [GRAPHIC] [TIFF OMITTED] 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[GRAPHIC] [TIFF OMITTED] TN21MR05.389 [[Page 14361]] [GRAPHIC] [TIFF OMITTED] TN21MR05.390 [[Page 14362]] [GRAPHIC] [TIFF OMITTED] TN21MR05.391 [[Page 14363]] [GRAPHIC] [TIFF OMITTED] TN21MR05.392 [[Page 14364]] [GRAPHIC] [TIFF OMITTED] TN21MR05.393 [[Page 14365]] [GRAPHIC] [TIFF OMITTED] TN21MR05.394 [[Page 14366]] [GRAPHIC] [TIFF OMITTED] TN21MR05.395 [[Page 14367]] [GRAPHIC] [TIFF OMITTED] TN21MR05.396 [[Page 14368]] [GRAPHIC] [TIFF OMITTED] TN21MR05.397 [[Page 14369]] [GRAPHIC] [TIFF OMITTED] TN21MR05.398 [[Page 14370]] [GRAPHIC] [TIFF OMITTED] TN21MR05.399 [[Page 14371]] [GRAPHIC] [TIFF OMITTED] TN21MR05.400 [[Page 14372]] [GRAPHIC] [TIFF OMITTED] TN21MR05.401 [[Page 14373]] [GRAPHIC] [TIFF OMITTED] TN21MR05.402 [[Page 14374]] [GRAPHIC] [TIFF OMITTED] TN21MR05.403 [[Page 14375]] [GRAPHIC] [TIFF OMITTED] TN21MR05.404 [[Page 14376]] [GRAPHIC] [TIFF OMITTED] TN21MR05.405 [[Page 14377]] [GRAPHIC] [TIFF OMITTED] TN21MR05.406 [[Page 14378]] [GRAPHIC] [TIFF OMITTED] TN21MR05.407 [[Page 14379]] [GRAPHIC] [TIFF OMITTED] TN21MR05.408 [[Page 14380]] [GRAPHIC] [TIFF OMITTED] TN21MR05.409 [[Page 14381]] [GRAPHIC] [TIFF OMITTED] TN21MR05.410 [[Page 14382]] [GRAPHIC] [TIFF OMITTED] TN21MR05.411 [[Page 14383]] [GRAPHIC] [TIFF OMITTED] TN21MR05.412 [FR Doc. 05-5041 Filed 3-18-05; 8:45 am] BILLING CODE 4210-32-P