Federal CDBG-DR Guidelines.docx

ADDITIONAL PROVISIONS APPLICABLE TO

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED PROJECTS

The purpose of this Addendum is to provide notice of and set forth requirements for this Request for Proposal and contracts entered into between the Department of Environmental Protection (“DEP”) and contractors that are supported in whole or in part by Community Development Block Grant Disaster Recovery (“CDBG-DR”) funds.

BACKGROUND

In the aftermath of Superstorm Sandy, the United States Congress, through the Disaster Relief Appropriations Act of 2013, Public Law 113-2, appropriated approximately sixteen billion dollars ($16,000,000,000) to HUD to be allocated as disaster recovery community development block grants among states, including the State of New Jersey (“State”), to provide crucial funding for recovery efforts (“Program” or “Activity”) involving housing, economic development, infrastructure and the prevention of further damage to affected areas. Through the State’s approved “Community Development Block Grant Disaster Recovery Action Plan” (“Action Plan”) and Action Plan Amendments, it has received a U.S. Department of Housing and Urban Development (“HUD”) Community Development Block Grant (“CDBG” or “CDBG-DR”) for funding Superstorm Sandy (“Sandy”) disaster recovery and other eligible events in calendar years 2011, 2012, and 2013.

Pursuant to FR-5696-N-01 (March 5, 2013) the State received a first allocation of $1,829,520,000; pursuant to FR-5696-N-06 (November 18, 2013) the State received a second allocation of $1,463,000,000; pursuant to FR-5695-N-11 (October 16, 2014) the State received a third allocation of $501,909,000.

Pursuant to 24 CFR 570.501, the New Jersey Department of Community Affairs (“DCA”) has been designated to administer the State’s CDBG-DR Program, which is subject to the federal statutes and regulations governing CDBG grants, as modified by exceptions and waivers previously granted and which may hereinafter be granted by HUD. CDBG-DR funds are allocated by DCA for approved programmatic activity carried out by other state agencies. Oversight of specific programs covered by this agreement [RFP?], including the redistribution of CDBG-DR funds for CDBG-DR-eligible activities, is implemented by the DEP.

APPLICABILITY OF CDBG-DR REQUIREMENTS

Contractors shall comply with all applicable Federal CDBG-DR and cross-cutting statutes and regulations, including but not limited to 24 CFR Part 570, subject to waivers cited in the Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013, Department of Housing and Urban Development, [Docket No. FR–5696–N–01] Allocations, Common Application, Waivers, and Alternative Requirements for Grantees Receiving Community Development Block Grant Disaster Recovery Funds in Response to Hurricane Sandy, and which may hereafter be granted by HUD.

If two or more applicable rules, regulations, or procedures related to this agreement, incorporated into or otherwise referenced herein are in conflict with one another, the most proscriptive rule, regulation, or procedure shall apply.

Contractors shall acknowledge and agree that CDBG-DR requirements may apply to any engagement, including the following general requirements:

A. CDBG-DR Programs using CDBG-DR funds must be implemented so as to give maximum feasible priority to activities to benefit low- and moderate-income families in accordance with the HUD-approved CDBG-DR Action Plan for the State of New Jersey and Action Plan Amendments.

B. Section 312 of the Stafford Act and 76 FR 71060 (November 16, 2011), imposes various requirements to ensure no duplication of benefits in the use of CDBG-DR funds. A duplication of benefits occurs when a beneficiary receives assistance, from multiple sources, where the assistance amount exceeds the need for a particular recovery purpose; under such circumstances, repayment is required.

C. Safeguards must be implemented and enforced to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties, in accordance with CDBG regulations.

D. Conflict of interest rules, as set forth in 24 CFR 570.489, 24 CFR 570.611, and 2 CFR 200.112, apply. Contractor shall disclose in writing any potential conflict of interest to DEP.

E. Under provisions of the Hatch Act that limit the political activity of employees and HUD regulations governing political activity (24 CFR 570.207), CDBG funds shall not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration. However, a facility originally assisted with CDBG funds may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and are assessed equal rent or use charges, if any.

F. No federally appointed funds shall be used for lobbying purposes regardless of level of government.

G. HUD rules prohibit the use of CDBG funds for inherently religious activities, as set forth in 24 CFR 570.200(j), except for circumstances specified in the Department of Housing and Urban Development Allocations, Common Application, Waivers, and Alternative Requirements for Grantees Receiving CDBG Disaster Recovery Funds in Response, 78 FR 14329 (March 5, 2013).

H. Contractor shall comply with the drug-free workplace requirements in Subpart B of 2 CFR part 2429, which adopts the government-wide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988, and will endeavor to ensure that subcontractors, subContractors, and any third parties providing CDBG-funded services are in compliance therewith.

I. Citizens will be provided with an appropriate address, phone number, and times during which they may submit complaints regarding activities carried out utilizing these CDBG-DR funds. The State will provide a written response to every citizen complaint within fifteen (15) working days of the complaint.

CONTRACTOR COMPLIANCE WITH SPECIFIC REQUIREMENTS

To the extent applicable, Contractor agrees to comply with the following provisions:

A. PERSONALLY IDENTIFIABLE INFORMATION: To the extent Contractor receives personally identifiable information, Contractor agrees to comply with the Privacy Act of 1974 and HUD rules and regulations related to the protection of personally identifiable information. The term “personally identifiable information” refers to information which can be used to distinguish or trace an individual’s identity, such as their name, social security number, biometric records, etc., alone or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc. See 2 CFR 200.79 & OMB M-07-16.

B. FINANCIAL MANAGEMENT AND PROCUREMENT

1. To the extent applicable, Contractor shall adhere to the principles and standards governing federal grant distribution set forth in the OMB Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR Part 200).

2. It shall comply with 2 CFR Part 180 and 24 CFR Part 2424, which prohibit the making of any award or permitting any award (sub grant or contract) at any tier to any party that is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs. It shall search the System for Award Management (https://www.sam.gov/portal/public/SAM/) and certify that it, and all subcontractors and subContractors, are not on Excluded from Federal Procurement or Nonprocurement Programs in accordance with OMB Guidelines at 2 CFR Part 180, Executive Orders 12549 and 12689 (Debarment and Suspension), and 24 CFR Part 2424.

3. To the extent applicable, it shall comply with 24 CFR Part 570 regarding the management and disposition of cash, real and personal property acquired with CDBG-DR funds.

4. To the extent applicable, it shall comply with 24 CFR 570.489(j) regarding change of use of real property. These standards apply to real property within its control (including activities undertaken by subcontractors, subContractors and third parties). These standards apply from the date CDBG-DR funds are first spent until five years after the closeout of the Program.

a. It cannot change the use or planned use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made, without first providing citizen review and comment and either:

i. The new use meets one of the national objectives (see 24 CFR 570.482) and is not a building for the general conduct of government;

ii. The requirements of 24 CFR 570.489(j) are met.

b. If the change of use does not qualify, Contractor may retain or dispose of the property if the CDBG-DR Program is reimbursed for the fair market value of the property, less any portion of the value that is attributable to non-CDBG-DR funds. Following the reimbursement the property shall no longer be subject to any CDBG-DR requirements.

C. RECORDS AND RECORDS RETENTION

1. DEP and Contractor shall each be responsible for maintaining certain records, as specified in the RFP and the contract.

2. Contractor shall maintain all DEP records required by 24 CFR 570.506 for five years following termination or expiration of the Agreement. These records shall include the following as applicable:

· The executed Agreement and this Addendum;

· Personnel files;

· Property management files;

· HUD monitoring correspondence;

· Fair Housing and Equal Opportunity records;

· Citizen Participation Compliance documentation;

· Environmental review and regulatory compliance documents; and Documentation of compliance with other federal requirements (e.g., Davis-Bacon, Uniform Relocation Act, and Lead-Based Paint).

Contractor shall also maintain financial records, in accordance with the applicable requirements listed in 24 CFR § 570.506 and § 570.502, including but not limited to source documentation (such as purchase orders, invoices, canceled checks), procurement files (such as bids, contracts), invoices, schedules containing comparisons of budgeted amounts and actual expenditures, construction progress schedules signed by appropriate parties (e.g., general contractor and/or a project architect), and/or other documentation appropriate to the nature of the activity (e.g., payroll records and reports including timesheets or timecards, as applicable), financial and other reports prepared or received by Contractor during the term of the contract, and relevant correspondence.

3. LITIGATION/CLAIMS: If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required five-year record retention period, records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the required period, whichever is later.

D. FEDERAL LABOR STANDARDS: For an overview of applicability and requirements of federal labor standards, see: Introduction to the Labor Standards Statutes Coverage, www.dol.gov/whd/recovery/pwrb/Tab2Coverage.pdf. To the extent applicable, Contractor shall comply with Federal Labor Standards, including:

1. The labor standards requirement set forth in 24 CFR 570.603 and any other regulations issued to implement such requirements. This includes payment of prevailing wages to laborers and mechanics employed in the performance of construction work, except that these requirements do not apply to the rehabilitation of residential property if such property contains less than 8 units;

2. Section 110 of the Housing and Community Development Act of 1974, 42 U.S.C. § 5310, and the requirements set forth in 24 CFR 570.603 to ensure that all laborers and mechanics employed by Contractor, including its subcontractors and subContractors for CDBG-related services, are paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Davis-Bacon Act, as amended, except that these requirements do not apply to the rehabilitation of residential property if such property contains less than 8 units;

3. The Davis-Bacon Act, as amended (40 U.S.C. 3141 et seq.). Davis-Bacon applies to all construction contracts over $2,000 involving CDBG funds. Davis-Bacon requires that all laborers and mechanics, as defined at 29 CFR 5.2, be paid at least the minimum wages provided by the Department of Labor and also requires compliance with state prevailing wage rules;

4. The Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.), requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts of $100,000 or greater be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a work-week;

5. The Federal Fair Labor Standards Act (29 U.S.C. 201 et seq.), requiring that covered nonexempt employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rate for all hours worked in excess of the prescribed work-week;

6. The Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR 3), which requires payment of wages once a week and allows only permissible payroll deductions;

7. HUD regulations and/or guidance:

a. 24 CFR 570.489(l): Debarment and suspension

b. 24 CFR 570.603: Labor standards

c. 24 CFR 570.609: Use of debarred, suspended, or ineligible Contractors or subrecipients

d. HUD Handbook 1344.1 Federal Labor Standards Requirements in Housing and Urban Development Programs, as revised;

8. Department of Labor regulations in parallel with HUD requirements above:

a. 29 CFR 1: Procedures for Predetermination of Wage Rates

b. 29 CFR 5: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act)

c. 29 CFR 6: Rules of Practice for Administrative Proceedings Enforcing Labor Standards In Federal and Federally Assisted Construction Contracts and Federal Service Contracts

d. 29 CFR 7: Practice Before the Administrative Review Board With Regard to Federal and Federally Assisted Construction Contracts.

E. FAIR HOUSING AND NON-DISCRIMINATION

1. Any act of unlawful discrimination committed by Contractor or failure to comply with the following obligations when applicable shall be grounds for termination of this agreement or other enforcement action.

2. Contractor shall agree to comply with:

b. Title VI of the Civil Rights Act of 1964 and as amended in 1988, 42 U.S.C. §200d et seq., as amended, and the regulations issued pursuant thereto (24 CFR 1), which provide that no person in the United States shall on the grounds or race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which it receives federal financial assistance and shall immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to it this assurance shall obligate it , or in the case of any transfer of such property, and transferee, for the period during which the property or structure is used for another purpose involving the provision of similar services or benefits.

c. Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. 3601–3619), which requires administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing. Title VIII further prohibits discrimination against any person in the sale or rental of housing, or the provision of brokerage services, including in any way making unavailable or denying a dwelling to any person, because of race, color, religion, sex, national origin, handicap or familial status.

d. Title II of the Civil Rights Act of 1968 (25 U.S.C. 1301-1303).

e. Architectural Barriers Act (ABA) of 1968, 42 U.S.C. 4151 et seq. The ABA requires access to buildings designed, built, altered, or leased by or on behalf of the federal government or with loans or grants, in whole or in part, from the federal government. As used in the ABA, the term “building” does not include privately owned residential structures not leased by the government for subsidized housing programs.

f. Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in any federally funded education program or activity.

g. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which provides that no otherwise qualified individual shall, solely by reason of his or her handicap be excluded from participation, denied program benefits or subjected to discrimination under any program or activity receiving federal funding assistance.

h. Section 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794d, which requires Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities, and applies to all federal agencies when they develop, procure, maintain or use electronic and information technology.

i. Section 109 of Title I of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR 570.602), which provides that no person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under that Part. Section 109 further prohibits discrimination to an otherwise qualified individual with a handicap, as provided under Section 504 of the Rehabilitation Act of 1973, as amended, and prohibits discrimination based on age as provided under the Age Discrimination Act of 1975. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24 CFR 6.

j. Section 104(b)(2) of the Housing and Community Development Act of 1974, 42 U.S.C. 5304(b), which requires communities receiving community development block grants to certify that the grantee is in compliance with various specified requirements.

k. Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance.

l. Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12131 et seq., which prohibits discrimination against people with disabilities by public entities, which includes any state or local government and any of its departments, agencies or other instrumentalities.

m. Housing for Older Persons Act of 1995 (“HOPA”) (see 42 U.S.C. 3607), which governs housing developments that qualify as housing for persons age 55 or older

n. It shall require every newly constructed or altered building or facility (other than a privately owned residential structure, and certain other limited exceptions) to comply with any accessibility requirements required by Title III of the Americans with Disabilities Act of 1990 (42 U.S.C.A. § 12181 et seq.), and shall be responsible for conducting inspections to ensure compliance with these specifications by any subcontractor or subContractor.

F. SECTION 3 REQUIREMENTS

1. The intent of Section 3 of the Housing and Urban Development Act of 1968, as amended, is to encourage recipients of HUD funding to direct new employment, training, and contracting opportunities to the greatest extent feasible to low- and very low-income persons, and to businesses that employ these persons, within their community. Section 3 applies to grantees and subrecipients that receive assistance exceeding $200,000 in certain types of HUD funding, including CDBG funding, and to contractors and subcontractors that enter into contracts in excess of $100,000 funded by certain types of HUD funding, including CDBG funds, for any activity that involves housing construction, rehabilitation, and demolition, or other public construction (“covered contracts”). A guide to Section 3 applicability and compliance requirements is located at HUD’s website, http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/section3/section3, under Frequently Asked Questions (FAQs) New Jersey’s Sandy CDBG-DR Section 3 Policy may be found at http://www.renewjerseystronger.org/wp-content/uploads/2014/08/DCA-Section-3-Policy-November-2014-amendment.pdf.

2. Contractor shall comply with the statutory and regulatory requirements of Section 3 in its own operations and those of subcontractors and subContractors or third parties with regard to covered contracts or subcontracts. If Contractor has the need to hire new persons to complete the Section 3 covered contract, or needs to subcontract portions of the work to another business, Contractor must direct its newly created employment and/or subcontracting opportunities to Section 3 residents and business concerns. The same numerical goals (see below) apply to subcontractors and subContractors.

3. Contractor’s responsibilities include:

a. Making efforts to meet the minimum numerical goals found at 24 CFR 135.30;

b. Complying with the specific responsibilities at 24 CFR 135.32; and

c. Submitting Annual Summary Reports in accordance with 24 CFR 135.90 to DEP.

4. For purposes of CDBG-DR funds received in response to Superstorm Sandy, an individual is eligible to be considered a Section 3 resident if the annual wages or salary of the person are at, or under, the HUD-established income limit for a one-person family for the jurisdiction. See 78 FR 14329, 14346 (March 5, 2013).

5. Pursuant to 24 CFR 135.38, the following language shall be included in all covered contracts and subcontracts:

a. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

b. The parties to this contract agree to comply with HUD's regulations in 24 CFR 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with 24 CFR 135.

c. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and shall post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

d. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR 135. The contractor shall not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR 135.

e. The contractor shall certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR 135.

f. Noncompliance with HUD's regulations in 24 CFR 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

g. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

G. NONDISCRIMINATION AND FAIR HOUSING: In delivering programmatic activity supported by CDBG funds, or in contracting with third parties for services supported by CDBG funds, Contractor shall comply with the following:

1. Executive Order 11063: Equal Opportunity in Housing, November 20, 1962, as amended by Executive Order 12259, and the regulations issued pursuant thereto, which pertains to equal opportunity in housing and non-discrimination in the sale or rental of housing built with federal assistance.

2. Executive Order 11246: EEO and Affirmative Action Guidelines for Federal Contractors Regarding Race, Color, Gender, Religion, and National Origin, September 25, 1965 and Executive Order 11375: Amending Executive Order No. 11246, October 13, 1967, which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of federal or federally assisted construction contracts. Further contractors and subcontractors on federal and federally assisted construction contracts shall take affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training and apprenticeship.

3. Executive Order 12086: Consolidation of contract compliance functions for equal employment opportunity, October 5, 1978.

4. Executive Order 12892: Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing, January 17, 1994.

5. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, February 11, 1994.

6. Executive Order 13166: Improving Access To Services For Persons With Limited English Proficiency, August 11, 2000.

7. Executive Order 13217: Community-Based Alternatives for Individuals with Disabilities, June 19, 2001.

8. Executive Order 13330: Human Service Transportation Coordination, February 24, 2004.

Contractor also affirms it shall comply with implementing regulations for the above:

a. 24 CFR 1: Nondiscrimination in Federally Assisted Programs of HUD.

b. 24 CFR 3: Nondiscrimination on the Basis of Sex in Education Programs or Activities receiving Federal Financial Assistance.

c. 24 CFR 5.105: Other Federal Requirements.

d. 24 CFR 6: Nondiscrimination in Programs, Activities Receiving Assistance under Title I of the Housing and Development Act of 1974.

e. 24 CFR 8: Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development.

f. 24 CFR 50.4(l) and 58.5 (j): Environmental Justice.

g. 24 CFR 91.225(a)(1): Affirmatively Furthering Fair Housing.

h. 24 CFR 91.325(a)(1): Affirmatively Furthering Fair Housing.

i. 24 CFR 91.325(b)(5): Compliance with Anti-discrimination laws.

j. 24 CFR 91.520: Performance Reports.

k. 24 CFR 100-125: Fair Housing.

l. 24 CFR 107: Non-discrimination and Equal Opportunity in Housing under Executive Order 11063 (State Community Development Block Grant Grantees).

m. 24 CFR 121: Collection of Data.

n. 24 CFR 135: Economic Opportunities for Low- and Very Low-Income Persons.

o. 24 CFR 146: Non-discrimination on the Basis of Age in HUD Programs or Activities Receiving Federal Financial Assistance.

p. 24 CFR 570.206(c): Fair Housing Activities.

q. 24 CFR 570.487(b): Affirmatively Furthering Fair Housing.

r. 24 CFR 570.487(e): Architectural Barriers Act and Americans with Disabilities Act (State Community Development Block Grant Grantees).

s. 24 CFR 570.490(a)-(b): Recordkeeping requirements.

t. 24 CFR 570.491: Performance Reviews and Audits.

u. 24 CFR 570.495(b): HCDA Section 109 nondiscrimination.

v. 24 CFR 570.506(g): Fair Housing and equal opportunity records.

w. 24 CFR 570.601: Affirmatively Further Fair Housing.

x. 24 CFR 570.608 and Part 35: Lead-Based Paint.

y. 24 CFR 570.614: Architectural Barriers Act and Americans with Disabilities Act.

z. 24 CFR 570.904: Equal Opportunity and Fair Housing Review

aa. 24 CFR 570.912: Nondiscrimination compliance

A. CONTRACTING WITH SMALL AND MINORITY FIRMS AND WOMEN’S BUSINESS ENTERPRISES

1. Contractor shall take all necessary affirmative steps to ensure contracting opportunities are provided to small, minority-owned, woman-owned, and veteran-owned businesses, and labor area surplus firms. As used in this contract, the terms “minority-owned business,” women-owned business,” and “veteran-owned business” means a business that is at least fifty-one percent (51%) owned and controlled by minority group members, women, or veterans. For purposes of this definition, “minority group members” are African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and Native Americans. Contractor may rely on written representations by businesses regarding their status as minority, women and veteran businesses in lieu of an independent investigation.

2. Affirmative steps shall include:

i. Placing qualified small and minority-, veteran- and women-owned businesses on solicitation lists;

ii. Ensuring that small and minority-, veteran- and women-owned businesses are solicited whenever they are potential sources, for goods and/or services required in furtherance of the Contract;

iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority-, veteran- and women-owned businesses;

iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority-, veteran- and women-owned businesses; and

v. Using the service and assistance, as appropriate, of organizations such as the Small Business Administration, and the Minority Business Development Agency of the U.S. Department of Commerce; and

vi. Requiring the subcontractor, if subcontracts are to be let, to take the affirmative steps listed in subparagraphs (a) through (e) of this section.