[Federal Register Volume 73, Number 19 (Tuesday, January 29, 2008)]
[Notices]
[Pages 5167-5174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1495]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service


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

AGENCY: Rural Housing Service, USDA.

ACTION: Notice.

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SUMMARY: This RFP announces an availability of funds and the timeframe 
to submit proposals for Farm Labor Housing Technical Assistance (FLH-
TA) grants.
    USDA Rural Development administers the programs of the Rural 
Housing Service. Section 516(i) of the Housing Act of 1949 as amended, 
authorizes the Rural Development to provide financial assistance 
(grants) to eligible private and public nonprofit agencies, which 
includes faith-based organizations, and to encourage the development of 
domestic and migrant farm labor housing projects. This RFP solicits 
proposals from qualified private and public nonprofit agencies on how 
they will provide technical assistance to groups who qualify for FLH 
loans and grants.
    Work performed under these grants is expected to result in an 
increased submission of applications for farm labor housing loans and 
grants under the section 514 and 516 programs.

DATES: The deadline for receipt of all applications in response to this 
RFP is 5 p.m., Eastern Time, March 14, 2008. The application closing 
deadline is firm as to date and hour. USDA Rural Development will not 
consider any application that is received after the closing deadline. 
Applicants intending to mail applications must provide sufficient time 
to permit delivery on or before the closing deadline. Acceptance by the 
Postal Service or private mailer does not constitute delivery. 
Facsimile (FAX), COD, and postage due applications, will not be 
accepted.

ADDRESSES: Applications should be submitted to the USDA Rural 
Development; Attention: William K. Coles, Multi-Family Housing 
Processing Division, 1400 Independence Avenue SW., STOP 0781, 
Washington, DC 20250-0781. USDA Rural Development will date and time 
stamp incoming applications to evidence timely receipt and, upon 
request, will provide the applicant with a written acknowledgement of 
receipt.

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

SUPPLEMENTARY INFORMATION: The technical assistance grants authorized 
under section 516 are for the purpose of encouraging the development of 
domestic and migrant farm labor housing projects under sections 514 and 
516 of the Act. USDA Rural Development regulations for section 514 and 
516 farm labor housing program are published at 7 CFR part 3560. 
Proposals must demonstrate the ability to provide the intended 
technical assistance.
    USDA Rural Development intends to award one grant for each of three 
geographic regions listed below. When establishing the three regions 
and amounts of funding available for each, consideration was given to 
such factors as farmworker migration patterns and the similarity of 
agricultural products and labor needs within certain areas of the 
United States. A single applicant may submit grant proposals for more 
than one region; however, separate proposals must be submitted for each 
region.
    Eastern Region: AL, CT, DE, FL, GA, IN, KY, MA, MD, ME, NH, NJ, NY, 
NC, OH, PA, PR, RI, SC, TN, VI, VT, VA, and WV.
    Central Region: AR, IL, IA, KS, LA, MI, MN, MS, MO, NE, ND, OK, SD, 
TX, and WI.
    Western Region: AK, AZ, CA, CO, HI, ID, MT, NV, NM, OR, UT, WA, WY, 
and the Pacific Territories.

Funding

    USDA Rural Development has the authority under section 516(i) of 
the Housing Act of 1949, as amended to utilize up to ten (10) percent 
of its section 516 appropriation for FLH-TA grants. The amount USDA 
Rural Development has made available for FLH-TA grants is $1,386,000 
for Fiscal

[[Page 5168]]

Year (FY) 2008. Of that amount, up to $519,750 will be available for 
each of the Eastern and Western Grant Regions and up to $346,500 of the 
remaining funds will be available for the Central Grant Region. 
Applications for FY 2008 will only be accepted through the date and 
time listed in this Notice. If no proposal is received from an eligible 
applicant for one of the grant regions, USDA Rural Development may, at 
its discretion, (1) use that grant region's funds in one or two of the 
other regions or (2) choose not to use that grant region's funds for 
FLH-TA. Work performed under these grants must be completed within 
three years of entering into the grant agreement provided as Appendix A 
to this Notice. The disbursement of grant funds during the grant period 
will be contingent upon the grantee meeting the minimum performance 
requirements as described in the Scope of Work section of this notice, 
including, but not limited to, the submission of loan application 
packages.

Eligibility

    Eligibility for grants under this RFP is limited to private and 
public nonprofit agencies (including faith-based organizations). 
Grantees must have the knowledge, ability, technical expertise, and 
practical experience necessary to develop and package loan and grant 
applications for FLH under the section 514 and 516 programs (see the 
Application Requirements section of this RFP). In addition, grantees 
must possess the ability to exercise leadership, organize work, and 
prioritize assignments to meet work demands in a timely and cost-
efficient manner. The grantee may arrange for other nonprofit agencies 
to provide services on its behalf. There is no contribution requirement 
for the grantee; however, USDA Rural Development will expect the 
grantee to provide the overall management necessary to ensure the 
objectives of the grant are met.

Scope of Work

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

Application Requirements

    The application process will be in two phases; the initial 
application (or proposal) and the submission of a formal application. 
Only those proposals that are selected for funding will be invited to 
submit formal applications. All proposals must include the following:
    1. A summary page listing the following items. This information 
should be double-spaced between items and not be in narrative form.
    a. Applicant's name,
    b. Applicant's Taxpayer Identification Number,
    c. Applicant's address,
    d. Applicant's telephone number,
    e. Name of applicant's contact person, telephone number, and 
address,
    f. Amount of grant requested,
    g. The FLH-TA grant region for which the proposal is submitted 
(i.e., Eastern, Central, or Western Region), and
    h. Applicant's Dun and Bradstreet Data Universal Numbering System 
(DUNS) number. As required by the Office of Management and Budget 
(OMB), all grant applicants must provide a DUNS number when applying 
for Federal grants on or after October 1, 2003. Organizations can 
receive a DUNS number at no cost by calling the toll-free request line 
at 1-866-705-5711. Additional information concerning this requirement 
is provided in a policy directive issued by OMB and published in the 
Federal Register on June 27, 2003 (68 FR 38402-38405).
    2. A narrative describing the applicant's ability to meet the 
eligibility requirements stated in this Notice. If the applicant 
intends to have other agencies working on their behalf, the narrative 
must identify those agencies and

[[Page 5169]]

address their ability to meet the stated eligibility requirements.
    3. A detailed Statement of Work covering a three year period that 
contains measurable monthly and annual accomplishments. The applicant's 
Statement of Work is a critical component of the selection process. The 
Statement of Work must include an outreach component describing the 
grantee's activities to inform potentially eligible groups about the 
section 514 and 516 FLH program. The outreach component must include a 
schedule of their planned outreach activities and must be included in a 
manner so that performance can be measured. In addition, the outreach 
activities must be coordinated with the appropriate USDA Rural 
Development State office and meet the minimum performance requirements 
as stated in the Scope of Work section of this Notice. The Statement of 
Work must state how many areas the applicant will target for their 
outreach activities. (Note: If selected for funding, the applicant will 
be required to revise their Statement of Work, after consultation with 
USDA Rural Development State Directors, to identify the areas that will 
be targeted.) The Statement of Work must also include a component for 
training organizations on the application process and the long-term 
management of FLH; describe the applicant's plans to access other 
funding for the development and construction of FLH and their 
experience in obtaining such funding, and describe any duties or 
activities that will be performed by other agencies on behalf of the 
grantee.
    4. An organizational plan that includes a staffing chart complete 
with name, job title, salary, hours, timelines, and descriptions of 
employee duties to achieve the objectives of the grant program.
    5. Organizational documents and financial statements to evidence 
the applicant's status as a properly organized private or public 
nonprofit agency and the financial ability to carry out the objectives 
of the grant program. If other agencies will be working on behalf of 
the grantee, working agreements between the grantee and those agencies 
must be submitted as part of the proposal and any associated cost must 
be included in the applicant's budget. Organizational and financial 
statements must also be submitted as part of the application for any 
agencies that will be working on behalf of the grantee to document the 
eligibility of those organizations.
    6. A detailed budget plan projecting the monthly and annual 
expenses the grantee will incur. Costs will be limited to those that 
are allowed under 7 CFR parts 3015, 3016 and 3019.
    7. To assure that funds are equitably distributed and that there is 
no duplication of efforts on related projects, all applicants will 
submit a list of projects they are currently involved with, whether 
publicly or privately supported, that are, or may be, related to the 
objectives of this grant. In addition, the same disclosure must be 
provided for any agency that will be working on behalf of the grantee.
    8. The applicant must include a narrative describing its knowledge, 
demonstrated ability, and practical experience in providing training 
and technical assistance to applicants for loans or grants for the 
development of multi-family or farm worker housing. The applicant must 
identify the type of assistance that was applied for (loan or grant, 
tax credits, leveraged funding, etc.), the number of times they have 
provided such assistance, and the success ratio of their applications. 
In addition, information must be provided concerning the number of 
housing units, their size, their design, and the amount of grant and 
loan funds that were secured. If the applicant has previously received, 
or is currently receiving, a FLH-TA grant, the applicant must provide 
documentation that they met the minimum performance requirements of 
that grant.
    9. A narrative describing the applicant's knowledge and 
demonstrated ability in estimating development and construction costs 
of multi-family or farm labor housing and for obtaining the necessary 
permits and clearances.
    10. A narrative describing the applicant's ability and experience 
in overcoming community opposition to farm labor housing and describing 
the methods and techniques that they will use to overcome any such 
opposition, should it occur.
    11. A separate one-page information sheet listing each of the 
``Application Scoring Criteria'' contained in this RFP, followed by the 
page numbers of all relevant material and documentation that is 
contained in the proposal that supports these criteria.

Application Scoring Criteria

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

Phase I--Statement of Work

    The Statement of Work will be evaluated to determine the degree to 
which it outlines efficient and measurable monthly and annual outcomes 
as follows:
    a. The minimum performance requirements of this Notice require that 
the grantee commit to targeting at least five areas (at least four of 
which are in different States). The more areas the applicant commits to 
targeting, the more scoring points they will be awarded; however, the 
more areas that they commit to targeting, the more loan application 
packages they will be expected to submit as discussed above under Scope 
of Work. The minimum performance requirements of this grant are based, 
in part, on the number of areas the applicant has committed to 
targeting. The number of areas within the region that the applicant has 
committed to targeting for outreach activities:
    (1) 5-7 targeted areas: 0 points.
    (2) 8 targeted areas: 5 points.
    (3) 9-10 targeted areas: 10 points.
    (4) 11-12 targeted areas: 15 points.
    (5) 13 or more areas: 20 points.
    b. USDA Rural Development wants the grantee to cover as much of the 
grant region as possible. USDA Rural Development does not want the 
grantee's efforts to be concentrated in a limited number of States. For 
this reason, additional points will be awarded to grant proposals that 
target areas in more than four States (the minimum requirement is four) 
within their region. The grant proposal commits to targeting areas in 
the following number of States:
    (1) 4 States: 0 points.
    (2) 5 States: 5 points.
    (3) 6 States: 10 points.
    (4) 7 States: 15 points.
    (5) More than 7 States: 20 points.

Phase II--Project Management

    a. The number of complete Section 515 multi-family or Section 514 
or 516 FLH loan or grant applications the applicant entity has assisted 
in developing and packaging:
    (1) 0-5 applications: 0 points.
    (2) 6-10 applications: 10 points.
    (3) 11-15 applications: 20 points.
    (4) 16 or more applications: 30 points.
    b. The number of groups seeking loans or grants for the development 
of Section 515 multi-family or Section 514

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or 516 FLH projects that the applicant entity has provided training and 
technical assistance:
    (1) 0-5 groups: 0 points.
    (2) 6-10 groups: 5 points.
    (3) 11-15 groups: 10 points.
    (4) 16 or more groups: 15 points.
    c. The number of Section 515 multi-family or Section 514 or 516 FLH 
projects for which the applicant entity has assisted in estimating 
development and construction costs and obtaining the necessary permits 
and clearances:
    (1) 0-5 projects: 0 points.
    (2) 6-10 projects: 5 points.
    (3) 11-15 projects: 10 points.
    (4) 16 or more projects: 15 points.
    d. The number of times the applicant entity has encountered 
community opposition and was able to overcome that opposition so that 
farm labor housing development was completed:
    (1) 0-2 times: 0 points.
    (2) 2-5 times: 5 points.
    (3) 6-10 times: 10 points.
    (4) 11 or more times: 15 points.
    e. The number of times the applicant entity has been able to 
leverage funding from two or more sources for the development of a 
Section 515 multi-family or Section 514 or 516 FLH project:
    (1) 0-5 times: 0 points.
    (2) 6-10 times: 5 points.
    (3) 11-15 times: 10 points.
    (4) 16 or more times: 15 points.
    f. The number of FLH projects that the applicant entity has 
assisted with on-going management (i.e., making units available to rent 
out to potential tenants, maintenance, etc.):
    (1) 0-5 FLH projects: 0 points.
    (2) 6-10 FLH projects: 5 points.
    (3) 11-15 FLH projects: 10 points.
    (4) 16 or more FLH projects: 15 points.
    Tie Breakers--In the event two or more proposals within a region 
are scored with an equal amount of points, selections will be made in 
the following order:
    1. If there are two or more proposals that have equivalent scores, 
the lowest cost proposal will be selected.
    2. If two or more proposals have equivalent scores and have the 
same cost, a proposal will be selected at random.

Paperwork Reduction Act

    The reporting requirements contained in this notice have been 
approved by the Office of Management and Budget (OMB) under Control 
Number 0575-0189.

    Dated: January 15, 2008.
Russell T. Davis,
Administrator, Housing and Community Facilities Programs, USDA Rural 
Development.

Appendix A--Farm Labor Housing Technical Assistance Grant Agreement

Farm Labor Housing Technical Assistance Grant Agreement

    This agreement dated ---------------- is between ------------------
-------------- , Herein called ``grantee'', organized and operated 
under -------------------- , (authorizing State statute) and the United 
States of America acting through the Rural Housing Service, USDA Rural 
Development, herein called ``USDA Rural Development''. USDA Rural 
Development agrees to grant a sum not to exceed $ ---------------- , 
subject to the terms and conditions of this agreement; provided, 
however, that the grant funds actually advanced and not needed for 
grant purposes shall be returned immediately to USDA Rural Development. 
The Farm Labor Housing Technical Assistance (FLH-TA) grant statement of 
work approved by USDA Rural Development, is attached, and shall 
commence within 10 days of the date of execution of this agreement by 
USDA Rural Development and be completed by ---------------- . (Date) 
USDA Rural Development may terminate the grant in whole, or in part, at 
any time before the date of completion, whenever it is determined that 
the grantee has failed to comply with the conditions of this grant 
agreement or USDA Rural Development regulations related hereto. The 
grantee may appeal adverse decisions in accordance with USDA Rural 
Development's appeal procedures contained in 7 CFR part 11. In 
consideration of said grant by USDA Rural Development to the grantee, 
to be made pursuant to section 516 of the Housing Act of 1949, as 
amended, the grantee will provide such a program in accordance with the 
terms of this grant agreement and applicable regulations.

PART A--Definitions

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

PART B--Terms of Agreement

    USDA Rural Development and the grantee agree that:
    1. All grant activities shall be limited to those authorized by 
this grant agreement and section 516 (i) of the Housing Act of 1949, as 
amended.
    2. This agreement shall be effective when executed by both parties.
    3. The FLH-TA grant activities approved by USDA Rural Development 
shall commence and be completed by the date indicated above, unless 
terminated under part B, paragraph 18 of this grant agreement, or 
extended by execution of the attached ``Amendment'' by both parties.
    4. The grantee shall carry out the FLH-TA grant activities and 
processes as described in the approved statement of work which is 
attached to, and made a part of, this grant agreement. Grantee will be 
bound by the activities and processes contained in the statement of 
work and the further conditions contained in this grant agreement. If 
the statement of work is inconsistent with this grant agreement, then 
the latter will govern. A change of any activities and processes must 
be in writing and must be signed by the approval official.
    5. The grantee shall use grant funds only for the purposes and 
activities approved by USDA Rural Development in the FLH-TA grant 
budget and authorized by law. Any uses not provided for in the approved 
budget must be approved in writing by USDA Rural Development in 
advance.
    6. If the grantee is a private nonprofit corporation, expenses 
charged for travel or per diem will not exceed the rates paid to 
Federal employees or (if lower) an amount authorized by the grantee for 
similar purposes. If the grantee is a public body, the rates will be 
those that are allowable under the customary practice in the government 
of which the grantee is a part; if none are customary, the USDA Rural 
Development Federal employee rates will be the maximum allowed.
    7. Grant funds will not be used:
    (a) To pay obligations incurred before the beginning date or after 
the ending date of this agreement;
    (b) For any entertainment purposes;

[[Page 5171]]

    (c) To pay for any capital assets, the purchase of real estate or 
vehicles, the improvement or renovation of the grantee's office space, 
or for the repair or maintenance of privately owned vehicles;
    (d) For any other purpose prohibited in 7 CFR parts 3015, 3016, 
3019 and 3560, as applicable;
    (e) For administrative expenses exceeding 20 percent of the FLH-TA 
grant funds; or
    (f) For purposes other than to encourage the development of farm 
labor housing.
    8. The grant funds shall not be used to substitute for any 
financial support previously provided and currently available or 
assured from any other source.
    9. The disbursal of grants will be governed as follows:
    (a) In accordance with 31 CFR part 205, grant funds will be 
provided by USDA Rural Development as cash advances on an as needed 
basis not to exceed one advance every 30 days. The advance will be made 
by a United States Department of Treasury (``Treasury'') check or 
electronic funds transfer, as appropriate, directly to the grantee. In 
addition, the grantee must submit Standard Form (SF) 272, ``Federal 
Cash Transactions Report,'' each time an advance of funds is made. This 
report shall be used by USDA Rural Development to monitor cash advances 
made to the grantee. The financial management system of the recipient 
organization shall provide for effective control over and 
accountability for all federal funds as required by 7 CFR parts 3015, 
3016, and 3019, as applicable.
    (b) Cash advances to the grantee shall be limited to the minimum 
amounts needed and shall be timed to be in accord with the actual, 
immediate cash requirements of the grantee in carrying out the purpose 
of the planned project. The timing and amount of cash advances shall be 
as close as administratively feasible to the actual disbursements by 
the grantee for direct program costs (as identified in the grantee's 
statement of work and budget and fund use plan) and proportionate share 
of any allowable indirect costs.
    (c) Grant funds should be promptly refunded to the USDA Rural 
Development and redrawn when needed if the funds are erroneously drawn 
in excess of immediate disbursement needs. The only exceptions to the 
requirement for prompt refunding are when the funds involved:
    (i) Will be disbursed by the recipient organization within 7 
calendar days from the date of the Electronic Funds Transfer (EFT); or
    (ii) Are less than $10,000 and will be disbursed within 30 calendar 
days from the date of the EFT.
    (d) Grantee shall provide satisfactory evidence to USDA Rural 
Development that all officers of the grantee's organization authorized 
to receive or disburse federal funds are covered by fidelity bonds in 
an amount of at least the grant amount to protect USDA Rural 
Development's interests.
    10. The grantee will submit performance, financial, and annual 
reports as required by 7 CFR parts 3015, 3016, and 3019, as applicable, 
to the appropriate USDA Rural Development office. These reports must be 
reconciled to the grantee's accounting records.
    (a) As needed, but not more frequently than once every 30 calendar 
days, submit an original and two copies of SF-270, ``Request for 
Advance or Reimbursement.'' In addition, the grantee must submit a SF-
272, each time an advance of funds is made. This report shall be used 
by USDA Rural Development to monitor cash advances made to the grantee.
    (b) Quarterly reports will be submitted within 15 days after the 
end of each calendar quarter. Quarterly reports shall consist of an 
original and one copy of SF-269, ``Financial Status Report,'' and a 
quarterly performance report summarizing the grantee's activities and 
accomplishments for the prior quarter. Item 10(g) (total program 
outlays) of SF-269, will be less any rebates, refunds, or other 
discounts. The quarterly performance report will provide a summary of 
the grantee's activities for the prior quarter and their progress in 
accomplishing the tasks described in the grantee's statement of work. 
The quarterly report will also inform USDA Rural Development of any 
problems or difficulties the grantee is experiencing (i.e., locating 
sites, finding feasible markets, gaining public support, etc.). The 
reports will be reviewed by USDA Rural Development for the purpose of 
evaluating whether the grantee is accomplishing the objectives of the 
grant and whether USDA Rural Development can assist the grantee in any 
manner. Quarterly reports shall be submitted to a designated official 
at the USDA Rural Development National office, with a copy of the 
report to each State Director within the FLH-TA grant region where the 
grantee is operating.
    (c) Submit within 90 days after the termination or expiration of 
the grant agreement, an original and two copies of SF-269, and a final 
performance report which will include a summary of the project's 
accomplishments, problems, and planned future activities of the grantee 
under FLH-TA grants. Final reports may serve as the last quarterly 
report.
    (d) USDA Rural Development may change the format or process of the 
monthly and quarterly activities and accomplishments reports during the 
performance of the agreement.
    11. In accordance with Office of Management and Budget (OMB) 
Circular A-87, Cost Principles for State, Local, and Indian Tribal 
Governments (a copy of which is available in any USDA Rural Development 
office), compensation for employees will be considered reasonable only 
to the extent that such compensation is consistent with that paid for 
similar work in other activities of the State or local government.
    12. If the grant exceeds $100,000, cumulative transfers among 
direct cost budget categories totaling more than 5 percent of the total 
budget must have prior written approval of USDA Rural Development.
    13. The results of the program assisted by grant funds may be 
published by the grantee without prior review by USDA Rural 
Development, provided that such publications acknowledge the support 
provided by funds provided by USDA Rural Development pursuant to the 
provisions of title V of the Housing Act of 1949, as amended, and that 
five copies of each such publication are furnished to USDA Rural 
Development.
    14. The grantee certifies that no person or organization has been 
employed or retained to solicit or secure this grant for a commission, 
percentage, brokerage, or contingency fee.
    15. No person in the United States shall, on the grounds of race, 
religion, color, sex, familial status, age, national origin, or 
disability, be excluded from participation in, be denied the proceeds 
of, or be subject to discrimination in connection with the use of grant 
funds. Grantee will comply with the nondiscrimination regulations of 
USDA Rural Development contained in 7 CFR part 1901, subpart E.
    16. In all hiring or employment made possible by or resulting from 
this grant:
    (a) The grantee will not discriminate against any employee or 
applicant for employment because of race, religion, color, sex, 
familial status, age, national origin, or disability;
    (b) The grantee will ensure that employees are treated without 
regard to their race, religion, color, sex, familial status, age, 
national origin, or disability. This requirement shall apply to, but 
not be limited to, the following: Employment, upgrading, demotion, or 
transfer; recruitment or recruitment advertising; layoff or 
termination, rates of pay or other forms of compensation;

[[Page 5172]]

and selection for training, including apprenticeship; and
    (c) In the event grantee signs a contract related to this grant 
which would be covered by any Executive Order, law, or regulation 
prohibiting discrimination, grantee shall include in the contract the 
``Equal Employment Clause'' as specified by Form RD 400-1, ``Equal 
Opportunity Agreement''.
    17. The grantee accepts responsibility for accomplishing the FLH-TA 
grant program as submitted and included in its pre-application and 
application, including its statement of work. The grantee shall also:
    (a) Endeavor to coordinate and provide liaison with state and local 
housing organizations, where they exist.
    (b) Provide continuing information to USDA Rural Development on the 
status of grantee's FLH-TA grant programs, projects, related 
activities, and problems.
    (c) Inform USDA Rural Development as soon as the following types of 
conditions become known:
    (i) Problems, delays, or adverse conditions which materially affect 
the ability to attain program objectives, prevent the meeting of time 
schedules or goals, or preclude the attainment of project work units by 
established time periods. This disclosure shall be accompanied by a 
statement of the action taken or contemplated, new time schedules 
required and any USDA Rural Development assistance needed to resolve 
the situation.
    (ii) Favorable developments or events which enable meeting time 
schedules and goals sooner than anticipated or producing more work 
units than originally projected.
    18. The grant closeout and termination procedures will be as 
follows:
    (a) Promptly after the date of completion or a decision to 
terminate a grant, grant closeout actions are to be taken to allow the 
orderly discontinuation of grantee activity.
    (i) The grantee shall immediately refund to USDA Rural Development 
any uncommitted balance of grant funds.
    (ii) The grantee will furnish to USDA Rural Development within 90 
calendar days after the date of completion of the grant, SF-269 and all 
financial, performance, and other reports required as a condition of 
the grant, including a final audit report, as required by 7 CFR parts 
3015, 3016, and 3019, as applicable. In accordance with 7 CFR part 3015 
and OMB Circular A-133, audits must be conducted in accordance with 
generally accepted government auditing standards.
    (iii) The grantee shall account for any property acquired with FLH-
TA grant funds or otherwise received from USDA Rural Development.
    (iv) After the grant closeout, USDA Rural Development will recover 
any disallowed costs which may be discovered as a result of an audit.
    (b) When there is reasonable evidence that the grantee has failed 
to comply with the terms of this grant agreement, the Administrator (or 
his or her designee) can, on reasonable notice, suspend the grant 
pending corrective action or terminate the grant in accordance with 
part B, paragraph 18(c) of this grant agreement. In such instances, 
USDA Rural Development may reimburse the grantee for eligible costs 
incurred prior to the effective date of the suspension or termination 
and may allow all necessary and proper costs which the grantee could 
not reasonably avoid. USDA Rural Development will withhold further 
advances and grantees are prohibited from further use of grant funds, 
pending corrective action.
    (c) Grant termination will be based on the following:
    (i) Termination for cause. This grant may be terminated in whole, 
or in part, at any time before the date of completion, whenever USDA 
Rural Development determines that the grantee has failed to comply with 
the terms of this agreement. The reasons for termination may include, 
but are not limited to, such problems as:
    (A) Failure to make reasonable and satisfactory progress in 
attaining grant objectives.
    (B) Failure of grantee to use grant funds only for authorized 
purposes.
    (C) Failure of grantee to submit adequate and timely reports of its 
operation.
    (D) Violation of any of the provisions of any laws administered by 
USDA Rural Development or any regulation issued thereunder.
    (E) Violation of any nondiscrimination or equal opportunity 
requirement administered by USDA Rural Development in connection with 
any USDA Rural Development programs.
    (F) Failure to maintain an accounting system acceptable to USDA 
Rural Development.
    (ii) Termination for convenience. USDA Rural Development or the 
grantee may terminate the grant in whole, or in part, when both parties 
agree that the continuation of the project would not produce beneficial 
results commensurate with the further expenditure of funds. The two 
parties shall agree upon the termination conditions, including the 
effective date and, in case of partial termination, the portion to be 
terminated.
    (d) USDA Rural Development shall notify the grantee in writing of 
the determination and the reasons for and the effective date of the 
suspension or termination. Except for termination for convenience, 
grantees have the opportunity to appeal a suspension or termination in 
accordance with 7 CFR part 11.
    19. Upon any default under its representations or agreements 
contained in this instrument, the grantee, at the option and demand of 
USDA Rural Development, will repay to USDA Rural Development forthwith 
the grant funds received with interest at the rate of 5 percent per 
annum or such other rate as USDA Rural Development has established by 
regulation from the date of the default. The provisions of this grant 
agreement may be enforced by USDA Rural Development, at its option and 
without regard to prior waivers by it or previous defaults of the 
grantee, by judicial proceedings to require specific performance of the 
terms of this grant agreement or by such other proceedings in law or 
equity, in either Federal or state courts, as may be deemed necessary 
by USDA Rural Development to assure compliance with the provisions of 
this grant agreement and the laws and regulations under which this 
grant is made.
    20. Extension of this grant agreement, modifications of the 
statement of work, or changes in the grantee's budget may be approved 
by USDA Rural Development provided, in USDA Rural Development's 
opinion, the extension or modification is justified and there is a 
likelihood that the grantee can accomplish the goals set out and 
approved in the statement of work during the period of the extension 
and/or modifications.
    21. The provisions of 7 CFR parts 3015, 3016, and 3019, as 
applicable, are incorporated herein and made a part hereof by 
reference.

PART C--Grantee Agrees

    1. To comply with property management standards for expendable and 
nonexpendable personal property established by 7 CFR parts 3015, 3016, 
and 3019.
    2. To provide a financial management system which will include:
    (a) Accurate, current, and complete disclosure of the financial 
results of each grant. Financial reporting will be on a cash basis. The 
financial management system shall include a tracking system to insure 
that all program income, including loan

[[Page 5173]]

repayments, are used properly. The standards for financial management 
systems are contained in OMB Circular A-110 and 7 CFR part 3015.
    (b) Records which identify adequately the source and application of 
funds for grant supported activities. Those records shall contain 
information pertaining to grant awards and authorizations, obligations, 
unobligated balances, assets, liabilities, outlays, and income.
    (c) Effecting control over and accountability for all funds, 
property, and other assets. Grantee shall adequately safeguard all such 
assets and shall assure that they are solely for authorized purposes.
    (d) Accounting records supported by source documentation.
    3. To retain financial records, supporting documents, statistical 
records, and all other records pertinent to the grant for a period of 
at least 3 years after the submission of the final performance report, 
in accordance with part B, paragraph 10 (c) of this grant agreement, 
except in the following situations:
    (a) If any litigation, claim, audit, or investigation is commenced 
before the expiration of the 3-year period, the records shall be 
retained until all litigation, claims, audits, or investigative 
findings involving the records have been resolved.
    (b) Records for nonexpendable property acquired by USDA Rural 
Development, the 3-year retention requirement is not applicable.
    (c) When records are transferred to or maintained by USDA Rural 
Development, the 3-year retention requirement is not applicable.
    (d) Scanned or microfilm copies may be substituted in lieu of 
original records. USDA Rural Development and the Comptroller General of 
the United States, or any of their duly authorized representatives, 
shall have access to any books, documents, papers, and records of the 
grantee which are pertinent to the specific grant program for the 
purpose of making audits, examinations, excerpts, and transcripts.
    4. To provide information as requested by USDA Rural Development 
concerning the grantee's actions in soliciting citizen participation in 
the applications process, including published notices of public 
meetings, actual public meetings held, and content of written comments 
received.
    5. Not to encumber, transfer, or dispose of the property or any 
part thereof, furnished by USDA Rural Development or acquired wholly or 
in part with FLH-TA grant funds without the written consent of USDA 
Rural Development.
    6. To provide USDA Rural Development with such periodic reports of 
grantee operations as may be required by authorized representatives of 
USDA Rural Development.
    7. To execute Form RD 400-1, ``Equal Opportunity Agreement'', and 
Form RD 400-4, ``Assurance Agreement,'' and to execute any other 
agreements required by USDA Rural Development to implement the civil 
rights requirements.
    8. To include in all contracts in excess of $100,000, a provision 
for compliance with all applicable standards, orders, or regulations 
issued pursuant to the Clean Air Act, 42 U.S.C. 7606. Violations shall 
be reported to USDA Rural Development and the regional office of the 
United States Environmental Protection Agency.
    9. That no member of Congress shall be admitted to any share or 
part of this grant or any benefit that may arise there from, but this 
provision shall not be construed to bar as a contractor under the grant 
a public-held corporation whose ownership might include a member of 
Congress.
    10. That all non-confidential information resulting from its 
activities shall be made available to the general public on an equal 
basis.
    11. That the grantee shall relinquish any and all copyrights and 
privileges to the materials developed under this grant, such material 
being the sole property of the Federal Government. In the event 
anything developed under this grant is published in whole or in part, 
the material shall contain a notice and be identified by language to 
the following effect: ``The material is the result of tax supported 
research and as such is not copyrightable. It may be freely reprinted 
with the customary crediting of the source.''
    12. That the grantee shall comply with 7 CFR parts 3015, 3016, or 
3019, as applicable, which provide standards for use by grantees in 
establishing procedures for the procurement of supplies, equipment, and 
other services with Federal grant funds.
    13. That it is understood and agreed that any assistance granted 
under this grant agreement will be administered subject to the 
limitations of section 516 of title V of the Housing Act of 1949, as 
amended, and that all rights granted to USDA Rural Development herein 
or elsewhere may be exercised by it in its sole discretion to carry out 
the purposes of the assistance, and protect USDA Rural Development's 
financial interest.
    14. That the grantee will adopt and provide to USDA Rural 
Development a standard of conduct which provides that, if an employee, 
officer, or agency of the grantee, or such person's immediate family 
members conducts business with the grantee, the grantee must not:
    (a) Participate in the selection, award, or administration of a 
contract to such persons for which Federal funds are used;
    (b) Knowingly permit the award or administration of the contract to 
be delivered to such persons or other immediate family members or to 
any entity (i.e., partnerships, corporations, etc.) in which such 
persons or their immediate family members have an ownership interest; 
or
    (c) Permit such person to solicit or accept gratuities, favors, or 
anything of monetary value from landlords or developers of rental or 
ownership housing projects or any other person receiving FLH-TA grant 
assistance.
    15. That the grantee will be in compliance with and provide the 
necessary forms concerning the debarment and suspension and the drug-
free workplace requirements.

PART D--USDA Rural Development Agrees

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

PART E--Attachments

    The grantee's statement of work is attached to and made a part of 
this grant agreement. This grant agreement is subject to current USDA 
Rural Development regulations and any future regulations not 
inconsistent with the express terms hereof. Grantee has caused this 
grant agreement to be executed by its duly authorized ---------------- 
properly attested to

[[Page 5174]]

and its corporate seal affixed by its duly authorized ----------------
----.

Attest: Grantee:

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

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

Date of Execution of Grant Agreement by Grantee:

-----------------------------------------------------------------------
United States of America
Acting through the United States Department of Agriculture
Rural Housing Service, Rural Development

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

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

    Date of Execution of Grant Agreement by USDA Rural Development: --
------------------

Amendment to Farm Labor Housing Technical Assistance Grant Agreement

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

Attest: Grantee:

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

-----------------------------------------------------------------------
(Title)
Date of Execution of Amendment to Grant Agreement by Grantee:

-----------------------------------------------------------------------
United States of America
Acting through the United States Department of Agriculture
Rural Housing Service, Rural Development

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

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

Date of Execution of Amendment to Grant Agreement by USDA Rural 
Development:

[FR Doc. E8-1495 Filed 1-28-08; 8:45 am]
BILLING CODE 3410-XV-P