Foa_Content_of_FR-6500-N-44DateCorrection.pdf

U.S. Department of Housing and Urban Development

Lead Hazard Control and Healthy Homes

Healthy Homes Production Grant Program

FR-6500-N-44

09/21/2021

Table of Contents Overview

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. Award Information

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. Eligibility Information

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. Application and Submission Information

A. Obtaining an Application Package

B. Content and Form of Application Submission

C. System for Award Management (SAM) and Dun and Bradstreet Universal Numbering System (DUNS) Number

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. Application Review Information

A. Review Criteria

B. Review and Selection Process

VI. Award Administration Information

A. Award Notices

B. Statutory and Administrative, National and Department Requirements for HUD Recipients

C. Reporting

D. Debriefing

VII. Agency Contact(s)

VIII. Other Information

APPENDIX

Program Office:

Lead Hazard Control and Healthy Homes Funding Opportunity Title:

Healthy Homes Production Grant Program Funding Opportunity Number:

FR-6500-N-44

Primary CFDA Number:

14.913 Due Date for Applications:

09/21/2021 Overview The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose described within this NOFO. Prospective applicants should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal.

During the selection process HUD is prohibited from disclosing 1) information regarding any applicant’s relative standing, 2) the amount of assistance requested by an applicant, and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants that have applied for assistance.

For Further Information Regarding this NOFO: Please direct questions regarding the specific requirements of this Notice of Funding Opportunity (NOFO) to the office contact identified in Section VII.

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 NOFO will identify its applicable OMB control number unless its collection of information is excluded from these requirements under 5 CFR part 1320.

OMB Approval Number(s):

2539-0015

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

1. Purpose The Healthy Homes Production Program (HHP) is part of HUD’s overall Healthy Homes Initiative launched in 1999. The program takes a comprehensive approach to addressing multiple childhood diseases and injuries in the home by focusing on housing-related hazards in a coordinated fashion, rather than addressing a single hazard at a time. The program builds upon

HUD’s successful Lead Hazard Control programs to expand the Department’s efforts to address a variety of high-priority environmental health and safety hazards. Applicants receiving a Healthy Homes Production Award will be expected to accomplish the following objectives:

a. Maximize both the number of vulnerable residents protected from housing-related environmental health and safety hazards and the number of housing units where these hazards are controlled;

b. Identify and remediate housing-related health and safety hazards in privately owned, low-income rental and/or owner-occupied housing, especially in units and/or buildings where families with children, older adults sixty-two (62) years and older, or families with persons with disabilities reside;

c. Promote cost-effective and efficient healthy home methods and approaches that can be replicated and sustained;

d. Support public education and outreach that furthers the goal of protecting children and other vulnerable populations from housing-related health and safety hazards;

e. Build local capacity to operate sustainable programs that will prevent and control housing-related environmental health and safety hazards in low- and very low-income residences, and develop a professional workforce that is trained in healthy homes assessment and principles;

f. Promote integration of this grant program with housing rehabilitation, property maintenance, weatherization, healthy homes initiatives, local lead-based paint hazard control programs, health and safety programs, and energy efficiency improvement activities and programs;

g. Build and enhance partner resources to develop the most cost-effective methods for identifying and controlling key housing-related environmental health and safety hazards;

h. Promote collaboration, data sharing, and targeting between health and housing departments;

i. Ensure to the greatest extent feasible that job training, employment, contracting, and other economic opportunities generated by this grant will be directed to low- and very-low-income persons, particularly those who are recipients of government assistance for housing, and to businesses that provide economic opportunities to low- and very low-income persons in the area in which the project is located. For more information, see 24 CFR 135 (Section 3);

j. Further environmental justice, the fair treatment, and meaningful involvement of all people within the target communities regardless of race, color, national origin, disability, religion, sex, familial status or income regarding the development, implementation, and enforcement of environmental laws, regulations, and policies;

1. Comply with Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and its implementing regulations at 24 CFR 8, and Titles II and III of the Americans with Disabilities Act. Each of these prohibits discrimination based on disability; and Obligation to comply with the Fair Housing Act and Title VI of the Civil Rights Act of 1964 and to affirmatively further fair housing. Note that besides being an “objective” of this NOFO, the obligation to affirmatively further fair housing is also a civil rights related statutory and program requirement.

2. Changes from Previous NOFO.

Modifications from the previous NOFO are as follows:

Period of Performance has increased from 36 months to 42 months.

Past Performance of the 2011 Healthy Homes Production grant is not a consideration for 2021 funding.

Radon testing must be conducted in all units that receive interventions under the 2021 Healthy Homes Production grant.

3. Definitions.

a. Standard Definitions

Affirmatively Furthering Fair Housing (AFFH). Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a program participant’s activities and programs relating to housing and urban development.

Assistance Listings means a unique number assigned to identify a Federal Assistance Listing, formerly known as the CFDA Number.

Federal Financial Assistance means assistance that entities received or administer in the form of:

1) Grant;

2. Cooperative agreements (which does not include a cooperative research and development agreement pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710a));

3. Loans;

4. Loan guarantees;

5. Subsidies;

6. Insurance;

7. Food commodities;

8. Direct appropriations;

9. Assessed or voluntary contributions; or

10. Any other financial assistance transaction that authorizes the non-Federal entity's expenditure of Federal funds.

b. Federal Financial Assistancedoes not include:

1. Technical assistance, which provides services in lieu of money; and

2. A transfer of title to federally owned property provided in lieu of money, even if the award is called a grant.

Authorized Organization Representative (AOR) is the person authorized to submit applications on behalf of the organization via Grants.gov. The AOR is authorized by the E-Biz point of contact in the System for Award Management. The AOR is listed in item 21 on the SF- 424.

Consolidated Plan is a document developed by states and local jurisdictions. This plan is completed by engaging in a participatory process to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions with funding from formula grant programs. (See 24 CFR part 91 HUD’s requirements regarding the Consolidated Plan and related Action Plan).

Contract means, for the purpose of Federal financial assistance, a legal instrument by which a recipient or subrecipient purchases property or services needed to carry out the project or program under a Federal award. For additional information on contractor and subrecipient determinations see 2 CFR 200.331.

Contractor means an entity that receives a contract as defined in 2 CFR 200.1.

Deficiency is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, information on a form, or some other type of unsatisfied information requirement (e.g., an unsigned form, unchecked box.). Depending on specific criteria, deficiencies may be either curable or non-curable.

Curable Deficiencies may be corrected by the applicant with timely action. To be curable the deficiency must:

Not be a threshold requirement, except for documentation of applicant eligibility;

Not influence how an applicant is ranked or scored versus other applicants; and

Be remedied within the time frame specified in the notice of deficiency.

Non-Curable Deficiencies cannot be corrected by an applicant after the submission deadline.

Non-curable deficiencies are deficiencies that, if corrected, would change an applicant’s score or rank versus other applicants. Non-curable deficiencies may result in an application being marked ineligible, or otherwise adversely affect an application’s score and final determination.

DUNS Number is the nine-digit Dun and Bradstreet Data Universal Number

System identification number assigned to a business or organization by Dun & Bradstreet and provides a means of identifying business entities on a location-specific basis. OMB removed duplicate recipients based on recipient Data Universal Number System (DUNS) numbers, from Dun & Bradstreet (D&B). At this time all Federal financial assistance recipients are required to register for DUNS numbers.

E-Business Point of Contact (E-Biz POC) A user registered as an organization applicant who is responsible for the administration and management of grant activities for his or her organization.

The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization (see Standard AOR and Expanded AOR). There can only be one E-Biz POC per DUNS Number.)

Eligibility requirements are mandatory requirements for an application to be eligible for funding.

Federal award, has the meaning, depending on the context, in either paragraph (1) or (2) of this definition:

(1)(i) The Federal financial assistance that a recipient receives directly from a Federal awarding agency or a subrecipient receives indirectly from a pass-through entity, as described in 2 CFR §200.101; or

ii. The cost-reimbursement contract under the Federal Acquisition Regulations that a non- Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in 2 CFR §200.101.

2. The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph

(2) of the definitions of Federal financial assistance in 2 CFR §200.1, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations.

3. Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal Government owned, contractor operated facilities (GOCOs).

4. See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.

Grants.gov is the website serving as the Federal government’s central portal for searching and applying for Federal financial assistance throughout the Federal government. Registration on Grants.gov is required for submission of applications to prospective agencies unless otherwise specified in this NOFO.

Non-Federal Entity (NFE) means a state, local government, Indian tribe, Institution of Higher Education (IHE), or non-profit organization that carries out a Federal award as a recipient or subrecipient.

Opportunity Zone (OZs) are defined in 26 U.S.C. 1400Z-1. In general, OZs are census tracts located in low-income communities where new investments, under certain conditions, may be eligible for preferential tax treatment.

Point of Contact (POC) is the person who may be contacted with questions about the application submitted by the AOR. The POC is listed in item 8F on the SF-424.

Promise Zones (PZs) are high poverty communities where the federal government partners with local leaders to increase economic activity, improve educational opportunities, leverage private investment, reduce violent crime, enhance public health and address other priorities identified by the community.

Recipient means an entity, usually but not limited to non-Federal entities, that receives a Federal award directly from HUD. The term recipient does not include subrecipients or individuals that are beneficiaries of the award.

Small business is defined as a privately-owned corporation, partnership, or sole proprietorship that has fewer employees and less annual revenue than a corporation or regular-sized business.

The definition of "small"—in terms of being able to apply for government support and qualify for preferential tax policy—varies by country and industry. The U.S. Small Business

Administration defines a small business according to a set of standards based on specific industries.{e-CFR Title 13-Chapter I – Part 121}

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that pass-through entity considers a contract.

Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly for a Federal awarding agency.

System for Award Management (SAM) means the Federal Repository into which an entity must provide information required for the conduct of business as a recipient. Registration with SAM is required for submission of applications via Grants.gov. You can access the website athttps://www.sam.gov/SAM/. There is no cost to use SAM.

Threshold Requirements are an eligibility requirement that must be met for an application to be reviewed. Threshold requirements are not curable, except for documentation of applicant eligibility and are listed in Section III.D Threshold Eligibility Requirements. Similarly, there are eligibility requirements under Section III.E, Statutory and Regulatory Requirements Affecting Eligibility.

Unique Entity Identifier means the identifier required for SAM registration to uniquely identify business entities.

4. Program Definitions Programs definitions for this NOFO are provided in Appendix A.

B. Authority.

The Healthy Homes Production Program is authorized under Section 501 and Section 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. §§ 1701z-1 and 1701z-2), and funding is provided by the Consolidated Appropriations Act, 2021(Public Law 116-260, approved December 27, 2020). This program is administered under HUD’s Office of Lead Hazard Control and Healthy Homes (OLHCHH).

II. Award Information.

A. Available Funds Funding of approximately $ 40,000,000 is available through this NOFO.

Additional funds may become available for award under this NOFO, because of HUD's efforts to recapture funds, use carryover funds, or because of the availability of additional appropriated funds. Use of these funds is subject to statutory constraints. All awards are subject to the funding restrictions contained in this NOFO.

B. Number of Awards.

HUD expects to make approximately 25 awards from the funds available under this NOFO.

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C. Minimum/Maximum Award Information The maximum award amount for the Healthy Homes Production Program grant (Catalog of Federal Domestic Assistance (Assistance Listing) number 14.913) is $2,000,000. The minimum award amount is $1,000,000.

Estimated Total Funding:

$ 40,000,000 Minimum Award Amount:

$ 1,000,000 Per Project Period

Maximum Award Amount:

$ 2,000,000 Per Project Period

D. Period of Performance Estimated Project Start Date:

10/27/2021 Estimated Project End Date:

04/27/2025 Length of Project Periods:

42-month project period and budget period

Length of Periods Explanation of Other:

None.

E. Type of Funding Instrument.

Funding Instrument Type:

G (Grant) III. Eligibility Information.

A. Eligible Applicants.

00 (State governments)

01 (County governments)

02 (City or township governments)

07 (Native American tribal governments (Federally recognized))

12 (Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education)

25 (Others (see text field entitled "Additional Information on Eligibility" for clarification))

Additional Information on Eligibility Multiple organizations or multiple units of local government may apply as a consortium, provided an eligible entity is the principal (lead) applicant responsible for ensuring compliance with NOFO requirements, and each entity must meet the Resolution of Civil Rights Matters threshold requirement.

If an applicant’s department or agency does not report directly or through a direct chain of command to a jurisdiction’s chief executive officer (governor, county executive, mayor, etc.), applicant must identify the specific statute(s) (e.g., 1 MyState Revised Code 2345) establishing it as a part of the government, and either attach the relevant wording, or include the specific freely accessible web address(es) in the application.

B. Ineligible Applicants.

Individuals, foreign entities, and sole proprietorship organizations are not eligible to compete for, or receive, awards made under this announcement.

C. Cost Sharing or Matching.

This Program does not require cost sharing or matching.

This Program requires an applicant to leverage resources through cost sharing or matching as described below. All match resources must be indicated on the SF424 within lines 18b-e and on the Form HUD 424_CBW columns H-O. Generally, Federal sources are not allowed to be used as cost share or match unless otherwise permitted by a program's authorizing statute (for example, HUD's Community Development Block Grants program or the Indian Housing Block Grant programs). There are no statutory cost sharing requirements for this NOFO. Programmatic leveraging requirements are described in Section III, Eligible Requirements, F, Program-Specific Requirements.

D. Threshold Eligibility Requirements.

Applicants who fail to meet any of the following threshold eligibility requirements will be deemed ineligible. Applications from ineligible applicants will not be evaluated.

1. Resolution of Civil Rights Matters. Outstanding civil rights matters must be resolved before the application deadline. Applicants, who after review are confirmed to have civil rights matters unresolved at the application deadline, will be deemed ineligible. Their applications will receive no further review, will not be rated and ranked, and they will not receive funding.

a. Applicants having any of the charges, cause determinations, lawsuits, or letters of findings referenced in subparagraphs (1) – (5) that have not been resolved to HUD’s satisfaction before or on the application deadline date are ineligible for funding. Such matters include:

1. Charges from HUD concerning a systemic violation of the Fair Housing Act or receipt of a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of a substantially equivalent state or local fair housing law proscribing discrimination because of race, color, religion, sex, national origin, disability or familial status;

2. Status as a defendant in a Fair Housing Act lawsuit filed by the Department of Justice alleging a pattern or practice of discrimination or denial of rights to a group of persons raising an issue of general public importance under 42 U.S.C. 3614(a);

3. Status as a defendant in any other lawsuit filed or joined by the Department of Justice, or in which the Department of Justice has intervened, or filed an amicus brief or statement of interest, alleging a pattern or practice or systemic violation of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974, the Americans with Disabilities Act or a claim under the False Claims Act related to fair housing, non-discrimination, or civil rights generally including an alleged failure to affirmatively further fair housing;

4. Receipt of a letter of findings identifying systemic non-compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974; or the Americans with Disabilities Act; or

5. Receipt of a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of provisions of a state or local law prohibiting discrimination in housing based on sexual orientation, gender identity, or lawful source of income.

b. HUD will determine if actions to resolve the charge, cause determination, lawsuit, or letter of findings taken before the application deadline date will resolve the matter.

Examples of actions that may be sufficient to resolve the matter include, but are not limited to:

1. Current compliance with a voluntary compliance agreement signed by all the parties;

2. Current compliance with a HUD-approved conciliation agreement signed by all the parties;

3. Current compliance with a conciliation agreement signed by all the parties and approved by the state governmental or local administrative agency with jurisdiction over the matter;

4. Current compliance with a consent order or consent decree;

5. Current compliance with a final judicial ruling or administrative ruling or decision; or

6. Dismissal of charges.

2. Timely Submission of Applications. Applications submitted after the deadline stated within this NOFO that do not meet the requirements of the grace period policy will be marked late. Late applications are ineligible and will not be considered for funding. See Section IV. D. Application Submission Dates and Times.

E. Statutory and Regulatory Requirements Affecting Eligibility.

Eligibility Requirements for Applicants of HUD’s Grants Programs The following requirements affect applicant eligibility. Detailed information on each requirement is posted on HUD’s Funding Opportunities Page.

Active Prime and Sub Recipient registration with SAM.gov Outstanding Delinquent Federal Debts Debarments and/or Suspensions Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Mandatory Disclosure Requirement Prohibition Against Lobbying Activities https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps

Equal Participation of Faith-Based Organizations in HUD Programs and Activities

F. Program-Specific Requirements.

1. Eligible activities.

Administrative Costs. Awardees may utilize up to ten percent (10%) of the federal award for payments of reasonable grant administrative costs related to planning and executing the project, preparation/submission of HUD reports, etc. Administrative costs must be reflected under each appropriate line items (e.g., salaries, fringe, supplies, on the Form HUD_424_CBW) and a detailed cost element breakdown in the budget narrative must be provided. The ten percent (10%) administrative cost cap for this program must include any indirect cost rates placed in HUD share budget columns, as well as the sum of the budget line items that have inherent administrative costs, plus any administrative costs of sub recipient organizations (also detailed by budget line item and budget narrative). The ten percent (10%) cap does not include in-kind or leveraging resources contributed by the awardee. There are two (2) categories of administrative costs: direct administrative costs and indirect costs. For the purposes of this grant, all direct administrative costs and all indirect costs count towards the ten percent (10%) administrative cost limit.

(1) Direct Administrative Costs. Direct administrative costs are the reasonable, necessary, allocable, and otherwise allowable costs of general management, oversight, and coordination of the grant (i.e., program administration). Such costs include, but are not necessarily limited to, expenditures for:

(a) Salaries, wages, fringe benefits, and related costs of the recipient's staff engaged in program administration that can be specifically identified with the grant. Program administration includes, but is not limited to, the following types of activities:

Providing local officials and citizens with information about the program, except for targeted outreach, affirmative marketing, education or outreach for healthy homes and lead hazard control programs;

Preparing program budgets and schedules, and amendments thereto;

Developing systems for assuring compliance with program requirements, except for participating in technical studies, or developing information systems to enhance the delivery, analysis, or conduct healthy homes and/or lead hazard control activities;

Developing interagency agreements and agreements with sub recipients and contractors to carry out program activities;

Monitoring program activities for progress and compliance with program requirements, except for on-site monitoring of healthy homes and/or lead hazard control;

Preparing reports and other documents related to the program for submission to HUD;

Coordinating the resolution of audit and monitoring findings;

Evaluating program results against stated objectives;

Managing or supervising persons whose primary responsibilities with regard to the program include such assignments as those described in paragraph 1, Eligible Activities, of this section above;

Travel costs incurred for official business in general program administration that can be specifically identified with the grant program;

Transportation costs incurred for general program administration that can be specifically identified with the grant program;

Equipment, supplies (especially office supplies), and materials used for program administration that can be specifically identified with the grant program;

HUD-required or HUD-approved trainings and/or conferences;

Certification and licensing costs required for program administration responsibilities; and

Securing liability insurance for housing-related environmental health and safety hazard evaluation and control activities is an administrative cost. See definition of “Insurance” in Section I.A.4.

(2) Indirect Costs, if applicable. Indirect facilities and administrative (F&A) costs are, by nature, administrative and represent the expenses of doing business that are not readily identified exclusively with a specific grant, contract, project function or activity, but are necessary for the general operation of the organization and the conduct of activities it performs. 2 CFR 200, subpart E Cost Principles, establishes the federal requirements for the determination of allowable and unallowable direct and indirect (F&A) costs, and is available at https://www.ecfr.gov/cgi-bin/text-idx?node=2:1.1.2.2.1.5&rgn=div6#se2.1.200_1414 . Indirect (F&A) costs may only be charged to an OLHCHH grant award under a cost allocation plan, an indirect cost rate agreement or by using the 10% de minimis in accordance with the requirements of 2 CFR 200.414(f).

Healthy Homes Direct Costs. Awardees must expend at least sixty-five percent (65%) of grant funds on direct costs defined specifically as healthy homes identification and remediation activities in the home. Based on the eight Healthy Homes Principles, grantees should assess and remediate housing-related health and safety hazards to identify and correct hazardous conditions that pose a likelihood of harm to occupant health if not addressed. OLHCHH anticipates an average unit cost of $10,000, to include assessments, labor, Healthy Homes interventions, and any necessary follow up.

The following kinds of activities can be included in the sixty-five percent (65%) direct healthy home remediation cost allocation:

i. Conduct Testing. Sampling, testing, and analysis for allergens, carbon monoxide, radon and/or other housing-related health and safety hazards as appropriate, following established protocols and procedures when possible. Residential paint, soil, or dust samples to be analyzed for lead must be analyzed by a laboratory recognized by the U.S. Environmental Protection Agency’s (EPA’s) National Lead Laboratory Accreditation Program (NLLAP) (https://www.epa.gov/lead/national-lead-laboratory-accreditation-program-nllap) with the recognition under NLLAP applicable to the medium analyzed. Samples to be analyzed for mold must be submitted to a laboratory accredited in the Environmental Microbiological Laboratory Accreditation Program (EMLAP), administered by the American Industrial Hygiene Association (AIHA) Laboratory Accreditation Programs, LLC.

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ii. Radon testing. Radon testing must be conducted in all units that receive interventions under the Healthy Homes Production grant. Testing must be conducted by a professional who is currently credentialed by the National Radon Proficiency Program or the National Radon Safety Board (NRPP/NRSB) and licensed/certified in the state in which the work is being conducted if the state has this requirement. Based on a radon assessment, if radon mitigation is needed as a result of the radon level being at or above 4 picocuries per liter of air, interventions must be conducted by a professional who is credentialed by the NRPP or NRSB and licensed/certified in the state in which the work is being conducted, if required by the state. Radon testing and mitigation must be conducted according to the current ANSI/AARST consensus standards for the specific housing type: https://standards.aarst.org/. Radon zone designation by county available at on EPA’s website: https://www.epa.gov/radon/find-information-about-local-radon-zones-and-state-contact-information.

The EPA estimates that about 1 in 15 homes (~ 7%) in the U.S. have elevated radon levels. This ranges from about 20% of homes in EPA highest risk radon zone (Zone 1) to about 2% of homes in the lowest risk zone (Zone 3). Many states have also developed radon maps for their states which use more data than was available for the development of the EPA map in the early 1990’s. The average cost of professional radon testing is about $140 for a single-family home, with an average mitigation cost of $1,500.

iii. Temporary Relocation. Temporary relocation is allowed if needed for temporarily displaced families and individuals while the remediation is conducted and until the time the affected unit is properly cleared (receives clearance) for re-occupancy. Tenant-occupants forced to vacate housing while hazard reduction measures are being conducted pursuant to a program described in this NOFO must be treated fairly and equitably. Such tenant-occupants entitled to receive temporary relocation assistance pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), 42 U.S.C. §§ 4601-4655, as described in regulations at 49 CFR 24.2(a)(9)(ii)(D) and the corresponding Appendix A. Owner-occupants temporarily relocating while hazard reduction measures are conducted pursuant to a program described in this NOFO are not entitled to URA relocation assistance. Awardees can access these regulations from the Federal Register website at https://www.federalregister.gov/documents/2019/12/18/2019-25558/uniform-relocation-assistance-and-real-property-acquisition-for-federal-and-federally-assisted. When persons with disabilities are temporarily relocated, they must be placed in housing that provides, at a minimum, the same accessibility features as the housing in which they currently reside. HUD’s requirements on implementing temporary relocations are further detailed in the HUD Tenant Assistance, Relocation and Real Property Acquisition Handbook 1378 (https://www.hud.gov/sites/dfiles/OCHCO/documents/1378CPDH.pdf), especially its sections 1- 4.II, 2-3.D, 2-7, and 3-10 dealing with temporary relocations in general and as they pertain to families and individuals. HUD expects that most temporary relocation for hazard control work will last ten (10) days or less. HUD approval must be given for relocation projects exceeding ten

(10) days.

iv. Healthy Home Remediation soft project costs. Soft project costs are those activities that directly support the undertaking of healthy homes activities, without which, such activities could not be conducted. These project costs may include: staff costs for intake, review and approval of applications and preparation of documents to be signed by applicants for remediation work; staff costs for arranging for temporary relocation, staff costs associated with reimbursement, and https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fstandards.aarst.org%2F&data=04%7C01%7CKral.Katrin%40epa.gov%7C002267d97ddf4a06761808d8bc77db3b%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C637466570248519416%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=NL4QodD4wIDe3Xchcvd0%2BV5wD3%2B85LPSXWgMs3Vl%2B3U%3D&reserved=0 https://www.epa.gov/radon/find-information-about-local-radon-zones-and-state-contact-information https://www.epa.gov/radon/find-information-about-local-radon-zones-and-state-contact-information https://www.federalregister.gov/documents/2019/12/18/2019-25558/uniform-relocation-assistance-and-real-property-acquisition-for-federal-and-federally-assisted https://www.federalregister.gov/documents/2019/12/18/2019-25558/uniform-relocation-assistance-and-real-property-acquisition-for-federal-and-federally-assisted https://www.hud.gov/sites/dfiles/OCHCO/documents/1378CPDH.pdf providing assistance to residents in relation to remediation; travel for staff that perform the remediation; and, development of necessary architectural, engineering and work specification write-ups and other construction management services in support of the healthy home intervention activities.

2. Other Allowable Direct Costs. Costs for the activities below are allowable Other Direct Costs, but should not be counted as “Direct Healthy Homes Costs”:

a. Purchasing or leasing items having a per-unit cost under $5,000.

b. Supporting data collection, analysis, and evaluation of grant program activities. This includes compiling and delivering such data, as may be required by HUD.

c. Providing resources to build capacity for healthy homes interventions, including delivery of HUD-approved training courses for housing rehabilitation contractors, rehabilitation workers, renovators, remodelers, homeowners, renters, painters, maintenance staff, health practitioners, and others conducting renovation, rehabilitation, maintenance, hazard control, or other work in private housing; subsidies for licensing or certification fees to low-income persons seeking credentials as healthy housing practitioners, lead sampling technicians or certified renovators; and, completion of other HUD-approved courses that further the effectiveness of hazard control interventions or promote the integration of this grant program with housing rehabilitation, property maintenance, weatherization, and housing-related health hazard interventions. Applicants should allocate no more than 1 percent of their budget to training activities.

d. Conducting targeted outreach, affirmative marketing, or education that helps promote participation in the program and further the goal of protecting children and other vulnerable populations from housing-related health hazards, including providing access to these program benefits and information to Limited English Proficient (LEP) individuals through language assistance services, in accordance with the Final Guidance to Federal Financial Assistance Recipients Regarding Title VI, Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons published on January 22, 2007 in the Federal Register, at 72 Fed. Reg. 2732 and Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency (LEP). The recipient must adopt and implement procedures to ensure that interested persons (including persons with impaired vision or hearing) can obtain information concerning the existence and location of accessible services, activities, and facilities. See 24 CFR 8.6(b). Recipients must take appropriate steps to ensure that information and communications related to all training, education, marketing, and outreach activities conducted pursuant to this NOFO are provided in a manner that is effective for persons with hearing, visual, and other communication-related disabilities or provide other means of accommodation for persons with disabilities consistent with Section 504 of the Rehabilitation Act of 1973 and HUD’s Section 504 regulations, and Titles II or III of the ADA and implementing regulations. Recipients must provide appropriate auxiliary aids and services necessary to ensure effective communication. See 24 CFR 8.6; 28 CFR 35.160, 36.303. Meetings must be held, and services provided in facilities that are physically accessible to persons with disabilities. Where physical accessibility is not achievable, successful applicants must give priority to alternative methods of product or information delivery that offer programs and activities to qualified individuals with disabilities in the most integrated setting appropriate under HUD’s implementing regulations for Section 504 of the Rehabilitation Act of 1973 (See 24 CFR 8, subpart C.).

HUD encourages its funding recipients to adopt the goals and objectives of Section 508 of the Rehabilitation Act by ensuring, when developing, procuring, maintaining, or using electronic information technology (EIT) that the EIT allows persons with disabilities to access and use the information and data comparably as is made available to and used by persons without disabilities unless an undue burden would result to the recipient.

e. Evaluating the effectiveness of hazard remediation conducted under this grant to assess how healthy homes interventions affect the health of the population being served relative to the population at large.

f. Purchasing resident supplies, to include environmentally safe or low-toxicity cleaning supplies, integrated pest management kits, or household safety items as required with the identified housing related healthy homes hazard and direct intervention activities.

3. Program Requirement and Prohibitions.

a. Cooperation with Related Research and Evaluation. - Awardees shall cooperate fully with any research or evaluation sponsored by HUD, CDC, EPA or another 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 also may include the compiling of certain relevant local demographic, dwelling unit, and participant data not contemplated in the original proposal. Participant data shall be subject to the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA and the Privacy Rule can be found at http://www.hhs.gov/ocr/hipaa/. For the programs in this NOFO, HUD does not expect research to be conducted that could affect human subjects.

b. Data Collection. Awardees shall collect, maintain, and provide to HUD the data necessary to document and evaluate grant program outputs and outcomes.

c. 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 grants funded under this lead hazard control and healthy homes grant program NOFO (see 24 CFR 75.3(a)(2)(i))). All grantees under this NOFO that conduct any project exceeding $100,000 are required to comply with Section 3 for those projects.

The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing. If you plan to hire any new employees or award contracts to carry out the project(s), you must comply with the Section 3 requirements found at 24 CFR part 75, subpart C. If a project will also have housing and community development financial assistance or public housing assistance, you must also comply with 24 CFR part 75, subpart D. For projects for which you are required to comply with Section 3, any contractor, subcontractor or sub-grantee must also comply with the Section 3 requirements for any new training, hiring or sub-http://www.hhs.gov/ocr/hipaa/ contracting opportunities provided under those contracts. Applicants for this grant program must plan to recruit and collect the level of detailed information to report out to the federal government the success of their efforts to meet these goals annually. For more information about Section 3, see HUD’s Section 3 website, https://www.hud.gov/program_offices/field_policy_mgt/section3, particularly its Frequently Asked Questions document, which discusses lead hazard control and healthy homes grants, and HUD’s Section 3 regulations (24 CFR Part 75), https://www.ecfr.gov/cgi-bin/retrieveECFR?n=pt24.1.75.

d. Replacing Existing Resources. Funds received under the grant program covered under this NOFO shall not be used to replace existing community resources dedicated to any ongoing project.

e. Code of Conduct. Federal regulations (2 CFR 200.318(c)) require non-Federal entities receiving Federal assistance awards, excluding States, to develop and maintain written standards/codes of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest (2 CFR 200.318(c)(1)). States are required by Federal regulations (2 CFR 200.317) to follow the same policies and procedures they use for procurements from its non-Federal funds, including any code of conduct regulations. HUD grantees are required to submit their code of conduct to HUD. To determine if an applicant’s organization is listed visit Code of Conduct for HUD Grants Program. If applicant’s organization is not listed, submissions instructions can also be found on the same page.

f. Compliance with HUD Regulations and Guidelines. You must conduct lead hazard evaluation and control work in compliance with the Residential Lead-Based Paint Hazard Reduction Act of 1992, the Lead Safe Housing Rule, 24 CFR Part 35, subparts B-R, the current HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (current HUD Guidelines), applicable OLHCHH Program Policies, and applicable federal, state, and local regulations and guidance, including, but not limited to the EPA’s Renovation, Repair, and Painting (RRP) Rule (found within 40 CFR part 745;

see Renovation-repair-and-painting-program).

g. Prohibited Practices. Grantees are not permitted to engage in practices prohibited under HUD’s Lead Safe Housing Rule at 24 CFR 35.140, EPA’s RRP Rule at 40 CFR 745.83(a)(3), or EPA’s lead abatement rule at 40 CFR 745.227(e)(6).

h. Compliance with Section 504 of the Rehabilitation Act. Facilities where program participants come for assistance (e.g., for intake and enrollment in the program), training or education, must be held in facilities that are accessible to persons with disabilities in accordance with Section 504 of the Rehabilitation Act and its implementing regulations at 24 CFR Part 8, and with Titles II and III of the Americans with Disabilities Act, as applicable.

i. Required Grantee Training. If you are awarded a grant under this NOFO, you will be required to attend at a minimum two trainings per year of award. These trainings will consist of a one-time OLHCHH New Grantee Orientation (within the DC area, if travel-https://www.hud.gov/program_offices/field_policy_mgt/section3 https://www.ecfr.gov/cgi-bin/retrieveECFR?n=pt24.1.75 https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/conductgrants related COVID-19 pandemic business disruptions have decreased by that time, or remotely if not) and an annual Program Manager School (either in person or remotely, similarly). You are required to send a minimum of two key staff from each active award to each required training, as applicable. If your grant agreement is not signed prior to the New Grantee Orientation, you will be reimbursed for any reasonable costs you incur to attend the New Grantee Orientation that are allowable in accordance with 2 CFR part 200, especially 2 CFR 200.458 and 2 CFR 200.475. HUD reserves the right to disallow costs that are not reasonable, allowable and allocable in accordance with OMB Cost Principles, 2 CFR part 200, subpart E.

j. Institutional Review Board (IRB). For the programs in this NOFO, funds should not be used for research that could affect human subjects.

k. Procurement Requirements. All goods and services must be procured through a competitive process. Recipients must follow federal procurement requirements as defined in 2 CFR 200.317 through 200.326, as applicable. The designation of an entity as a subrecipient or contractor must follow program policies and 2 CFR 200.330.

l. Lead-Based Paint and Lead-Based Paint Hazard Identification. A complete lead-based paint inspection and lead hazard risk assessment, evaluating each housing unit, common area, exterior surface, and bare soil (and not a sample of any of them), including either separate reports or a combined report is required for all properties enrolled under this program. Presumption of the presence of lead-based paint or lead-based paint hazards is not permitted. Paint inspections and risk assessments must follow the procedures as defined in the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing and as defined by the policies of the Lead Hazard Reduction Grant Program. Refer to Policy Guidance 2013-01 the OLHCHH website for additional requirements.

m. Testing, sampling, and laboratory analysis. All testing, sampling and laboratory analysis for lead must comply with Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, the Lead Safe Housing Rule, 24 CFR Part 35, subparts B- R, and conform to the current HUD Guidelines, the EPA lead-based paint and lead-based paint hazard standards and clearance levels at 40 CFR part 745, OLHCHH Program Policy 2017-01 (https://www.hud.gov/program offices/healthy homes/lbp/pg), and federal, state, or tribal regulations developed as part of the appropriate contractor certification program, whichever is most protective of children. Paint chip sampling alone is not a cost effective or practical method for grantees to use alone in the identification of all lead hazards for the purposes of this grant.