Foa_Content_of_FR-6500-N-54.pdf

U.S. Department of Housing and Urban Development

Policy Development and Research

HUD's FY2020 and FY2021 Distressed Cities and Persistent Poverty Technical Assistance Notice of Funding Opportunity (NOFO)

FR-6500-N-54

07/29/2021

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:

Policy Development and Research Funding Opportunity Title:

HUD's FY2020 and FY2021 Distressed Cities and Persistent Poverty Technical Assistance Notice of Funding Opportunity (NOFO) Funding Opportunity Number:

FR-6500-N-54

Primary CFDA Number:

14.259 Due Date for Applications:

07/29/2021 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):

2528-0299

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

1. Purpose Through this NOFO, HUD is announcing the availability of at least two awards: up to $2.5 million in FY 2020 funding and up to $6.8 million in FY 2021 funding. We anticipate around three awards from each of these funding sources to provide technical assistance (TA) to units of general local government (UGLGs) and their non-profit partners serving communities experiencing long-term economic hardship. This includes distressed UGLGs and UGLGs experiencing persistent poverty, as defined under this NOFO. No less than $5 million from the FY 2021 funding will be available to assist UGLGs and their nonprofit partners serving communities experiencing persistent poverty.

The objectives of the funds awarded through this NOFO include:

Improve UGLGs’ understanding of relevant financial management principles and practices, including building internal capacity to develop policies and procedures that meet any program compliance requirements and the needs of the communities they serve.

Improve UGLGs’ internal processes by helping them identify relevant local data, evaluate implementation of planning documents, build cross-sector partnerships, and establish equitable community engagement practices.

Build UGLGs’ capacity to identify, implement, and monitor strategies or plans for economic revitalization or stabilization, including in neighborhoods experiencing persistent poverty.

Improve UGLGs’ understanding of root causes of economic distress and/or persistent poverty, in specific neighborhoods or communities within the UGLG’s jurisdiction.

Enhance UGLGs’ ability to identify, access, and leverage funding streams and other resources to add internal capacity (for example, additional staffing), or for financing and supporting community improvement projects in the areas of economic development, housing, or disaster recovery.

The technical assistance provided through this NOFO will be specific to the UGLG or community receiving the technical assistance rather than program-specific. It will be scaled to ensure a measurable impact on the community’s growth and resilience, as well as the efficient use of public funds. To that end, we are seeking awardees that will take a place-based, holistic approach to technical assistance.

The experience and expertise needed includes a variety of topics: financial management;

governance in smaller UGLGs; cross-sector partnerships; data identification, collection, and analysis; project planning, implementation and monitoring; participating in federal, state and local programs; community engagement; new construction and rehabilitation; economic revitalization and development; and disaster recovery and resilience. You are encouraged to procure contractors and consultants as necessary that demonstrate experience across these topic areas.

Important Note: This NOFO is not part of the comprehensive “Community Compass Technical Assistance and Capacity Building Program.” Applicants should thoroughly review this NOFO to ensure that they have the necessary skills to provide the technical assistance described in this

NOFO.

a. TA Focus Areas We expect TA efforts under this NOFO to focus on building financial management capacity, attracting private sector investment, establishing cross-sector partnerships, implementing recently adopted community plans (housing, economy, disaster, climate resiliency, or general) and developing frameworks for disaster resilience. Because we will take a holistic view of providing technical assistance to distressed UGLGS and UGLGs experiencing persistent poverty, we are looking for applicants with demonstrable experience across all areas. As new HUD priorities and recipient needs emerge, TA assignments may address additional programmatic or policy areas.

b. Leveraging HUD believes that leveraging outside investments encourages engagement between actors in the philanthropic, nonprofit, and private sectors. This NOFA requires a minimum leveraged funding amount of 5% of the total award. Any leveraged funds over this amount are not required but are encouraged through points awarded in Rating Factor 3 (see section V.A.1 of this NOFO).

The leveraged funds may be provided as a cash or in-kind donation. Combined funding commitments from different sources provided by applicants will count towards the total amount.

Federal sources are not allowed to be used as a cost share or match unless otherwise permitted by the source program's authorizing statute. As the program described in this NOFO may produce engagements anywhere in HUD’s jurisdiction, leveraged funds cannot have any geographic limitation on their usage.

c. Eligible Activities Successful applicants may be tasked to deliver TA using any of the following eligible activities.

These activities are subject to any restrictions or limitations imposed by the federal regulations, statutes, and policies referenced in this NOFA.

Needs Assessments. Needs assessments are intended to help determine the nature and scope of the TA and capacity building required by the applicants for TA. Needs assessments help to quantify the potential impact of development activity and recovery initiatives. They also examine local market conditions so that program resources may be better targeted and leveraged. In some instances, a self-assessment by the TA recipient may provide a satisfactory basis for determining the scope and scale of the assistance necessary. In other cases, a TA provider will conduct on-site or remote needs assessments to collect information about the capacity gaps of the TA recipient. A needs assessment may use multiple information collection and analysis tools, including public data resources and primary data gathered on-site. Needs assessments should be done in a collaborative manner, with the active involvement of local officials and other stakeholders.

Direct TA and Capacity Building Engagements. Direct TA and capacity building require working onsite and/or remotely to improve knowledge and capacity around TA focuses mentioned above, including but not limited to, economic redevelopment, revitalization, and resiliency in distressed communities, including those recovering from natural disasters.

Develop and Maintain Tools and Products. Tools and products developed will use adult learning principles to assist distressed UGLGs and UGLGs experiencing persistent poverty in adopting effective, efficient, and sustainable practices that address challenges in the TA focuses supported by this NOFA. These products might take the form of web-based courses or trainings, videos, interactive tools, and webinars. Tool and product development may also include the creation of templates, desk guides, toolkits, and curricula that improve program management and operations, evaluation, and performance measurement. All products and tools developed must comply with Section 508 accessibility requirements, which requires that all information and communications technology, regardless of the medium of the technology, be accessible to individuals with disabilities. Maintenance of tools and products could include translating existing materials into other languages.

Self-Directed and Group Learning. Self-directed and group learning is intended to increase the capacity and close the competency gaps of participants by equipping them with the necessary program knowledge and skills needed to administer and manage HUD programs. Group learning will incorporate adult learning principles that may include delivery of HUD-approved training courses remotely or in person; online self-directed courses; problem-solving clinics; policy academies; live or pre-recorded webinars; and peer-to-peer assistance exchanges for TA recipients with similar local market contexts, challenges, opportunities, and community needs. Group learning could include establishing and supporting group learning cohorts and curricula.

Administrative. Administrative activities are directly associated with overall award management and execution, including salaries and benefits of persons who support the execution of the award terms. Costs include preparing reports for submission to HUD, obtaining program audits, and general operating costs when billed direct. Administrative costs are not allowable as direct award execution charges when these costs are included in a selected applicant organization’s negotiated indirect cost rate agreement or when the organization is using the de minimus rate. Refer to section VI.A.5. of this NOFA for administrative cost limits applicable to award execution costs.

Certain administrative costs are not considered to be award execution costs and are not subject to the administrative limits in this NOFA. For example, the salary and fringe benefits for the Program Manager assigned to oversee the outcome of a specific TA engagement are considered part of the TA engagement costs and are not included in award execution costs. These costs may not be greater than 15 percent of the total award (see Secti VI.A of this NOFO).

Rental and maintenance of office space is allowed only under the following conditions:

The lease must be for existing facilities not requiring rehabilitation or construction except for minimal alterations to make the facilities accessible for a person with disabilities

No repairs or renovations of the property may be undertaken with funds provided under this NOFA

Properties in the Coastal Barrier Resources System designated under the Coastal Barrier Resources Act (16 U.S.C. 3501) cannot be leased or rented with federal funds

Coordination. Coordination activities consist of services related to coordinating technical assistance with partnership organizations and planning technical assistance engagements, including data gathering, studies, and analysis, and the identification of actions that will implement such plans. Coordination enables successful applicants to:

o Determine needs and capacity gaps to address with TA recipients, including addressing needs across multiple HUD programs o Set long-term goals and short-term objectives for technical assistance plans o Devise products and activities to meet these goals and objectives o Evaluate the progress of such programs and activities in accomplishing these goals and objectives

2. Changes from Previous NOFO.

This NOFO was previously titled HUD's FY2018 and FY2019 Distressed Cities TA Notice of Funding Availability. Some changes have been made in the program objectives, the focus areas, and the rating factors. This is largely due to the introduction of persistent poverty to the program.

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.

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.

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 https://www.ecfr.gov/cgi-bin/text-idx?SID=0ff5f0839abff4eec707b4478ed733c6&mc=true&node=pt13.1.121&rgn=div5&se13.1.121_1101 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 Capacity Building: Assistance which increases the ability of TA recipients and their partners to organize and independently implement and manage affordable housing, community development, and economic development programs.

Consultant: An individual who can provide valuable and pertinent advice generally drawn from a high degree of broad administrative, professional, or technical knowledge or experience.

Cooperative Agreement: A legal instrument of financial assistance, as defined in 2 CFR § 200.24, that is used to enter into the same kind of relationship as a grant but is distinguished from a grant in that it provides for substantial involvement between the federal agency and the recipient in carrying out the activity contemplated by the award and in accordance with 2 CFR Part 200.

Demand-Response System: The means by which HUD, TA recipients, and/or HUD's partners identify TA and capacity building needs. HUD prioritizes the identified needs based on Departmental, programmatic, and jurisdictional priorities. Successful applicants to this NOFO are then tasked with responding to identified needs. Successful applicants may not respond to direct requests for TA. HUD is solely responsible for authorizing the entities to be assisted, the location, and the nature of the assistance to be provided, including a specific scope of work, which must be part of a HUD-approved work plan for each engagement.

Distressed: This refers to units of general local government (see definition below) with at least one of the following characteristics, calculated using 5-Year ACS estimates (unless otherwise specified):

An annual average unemployment rate of 9 percent or more over the past 3 years A noncollege poverty rate of 20 percent or more as of the most recent 5-year ACS survey https://www.sam.gov/SAM/

A population decline of 5 percent or more between 2010 and the most recent 5-year ACS survey

Any other characteristic of a city or region that the awardee and HUD agree reflects a need for the TA or capacity building provided for under this award

Financial Management: The means by which a city prioritizes the use of local and non-local funding sources. This includes planning for funding needs and relevant funding sources, developing budgets for the use of those sources, and evaluating the performance of its management plan.

Government Technical Monitor (GTM): As defined by HUD, the individual designated to provide technical monitoring, advice, and assistance to aid the Government Technical Representative (GTR) in the technical direction and evaluation of a successful applicant’s performance. The GTM provides programmatic expertise and input to proposed TA work plans, status reports, invoices, and products.

Government Technical Representative (GTR): As defined by HUD, the individual who is responsible for the technical direction and evaluation of a successful applicant’s performance.

The GTR is responsible for review and approval of work plans, status reports, invoices, and products. GTRs serve as representatives of the Cooperative Agreement Officer who has responsibility for the management and fiscal oversight of the cooperative agreement awards.

Impacted by a natural disaster: The unit of general local government is located in a county that received a Presidential major disaster declaration.

In-Kind Resources: This refers to either donated/volunteer staff time and services from technical consultants, organizations or agencies that have agreed to work with the applicant on any of the activities described in this NOFO; or donated materials, equipment, supplies, buildings, or land.

Indirect cost rate proposal: This NOFO adopts the definition of indirect cost rate proposal as found at 2 CFR 200.1.

Indirect costs: This NOFO adopts the definition of indirect (facilities and administrative (F&A)) costs as found at 2 CFR 200.1.

Outcomes: Results achieved or benefits derived from TA or capacity building, such as changes in a recipient’s management or operation of its programs and activities.

Persistent Poverty: The presence of poverty rates of 20 percent or more over the past 30 years.

This is measured differently depending on the geography under consideration, using either Decennial Census estimates, Small Area Income and Poverty Estimate surveys, and/or 5-year American Community Survey, whichever are most relevant and appropriate.

Technical Assistance (TA): Guidance which enables recipients to overcome a lack of specific skills or knowledge and, by doing so, become more successful in meeting the needs of their communities. TA is the transfer of skills and knowledge to entities that may need, but do not possess, such skills and knowledge. TA includes all eligible activities listed in NOFO section I.A.1.d.

Unit of General Local Government (UGLG): Any city, county, town, township, parish, village, or other general purpose political subdivision of a State or territory. For the purposes of this program, this includes tribal governments.

B. Authority.

This program is authorized under: Further Consolidated Appropriations Act, 2020 (Public Law 116-94), approved December 20, 2019; Consolidated Appropriations Act, 2021 (Public Law

116-260), approved December 27, 2020; and any other authorities that may make additional funds available for award under this NOFO in the future.

II. Award Information.

A. Available Funds Funding of approximately $ 9,300,000 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.

The funds available through this NOFO are from the following sources:

$2,500,000 made available under the Further Consolidated Appropriations Act, 2020 $6,800,000 made available under the Consolidated Appropriations Act, 2021

B. Number of Awards.

HUD expects to make approximately 6 awards from the funds available under this NOFO.

The minimum number of awards will be 2 (at least one from each funding source). There is no maximum number of awards.

C. Minimum/Maximum Award Information Estimated Total Funding:

$ 9,300,000 Minimum Award Amount:

$ 750,000 Per Project Period

Maximum Award Amount:

$ 6,800,000 Per Project Period

D. Period of Performance Estimated Project Start Date:

09/29/2021 Estimated Project End Date:

09/29/2024 Length of Project Periods:

Other

Length of Periods Explanation of Other:

There will be multiple assignments over the period of performance.

E. Type of Funding Instrument.

Funding Instrument Type:

CA (Cooperative Agreement)

III. Eligibility Information.

A. Eligible Applicants.

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

13 (Nonprofits without 501(c)(3) status with the IRS, other than institutions of higher education)

20 (Private institutions of higher education)

22 (For profit organizations other than small businesses)

23 (Small businesses)

Additional Information on Eligibility For profit organizations cannot realize any profit from activities supported by the funds provided through this NOFO.

B. Ineligible Applicants.

Individuals are ineligible to apply to this NOFO.

C. Cost Sharing or Matching.

This Program requires cost sharing or matching as described below.

Leveraging at least 5% of the total requested amount is a requirement for this NOFO. Leveraging beyond this 5% up to 10% will improve an applicant’s score. See sections I.A.1.b and V.A.1 of this NOFO.

Generally, Federal sources are not allowed to be used as cost share, match, or leverage unless otherwise permitted by a program's authorizing statute (for example, HUD's Community Development Block Grants program).

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.

3. Complete Application Package – You must submit all the required documents as indicated in section IV.B. If you do not submit a complete package, your application will not pass threshold review and will not be scored.

4. Minimum Leverage Requirement – You must include documentation of leveraged funds that equal at least 5% of the total requested amount and meet the other requirements as listed in Section I.A.1.b of this NOFO.

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

F. Program-Specific Requirements.

The maximum points total for an application is 102. The minimum total points for an application to be considered for funding is 75. However, if no eligible applicants score at least 75 points, we may award funds to applicant(s) scoring below 75 points.

Applicants must provide leveraged funding of at least 5% of the total requested amount.

Applications that do not include this will not be considered.

While there is no penalty to applicants demonstrating experience within a specific region, TA engagements could take place across the United States and its insular areas as HUD deems necessary.

We may task a successful applicant to coordinate with organizations conducting other HUD-funded activities.

Successful applicants must comply with all applicable program statutes, regulations, policies, and award provisions.

Successful applicants will be required to provide information on the results, impacts, and outcomes of their capacity building and TA activities.

Successful applicants must obtain access to relevant HUD systems and other HUD tools to assist in the management of award requirements.

We reimburse on a monthly basis. Advance payments are not permitted.

Maintenance of stated capacity throughout the duration of the period of performance:

o You must actively maintain staff/consultants/contractors that have the knowledge and experience described in your application.

o If you decline or delay assignments or fail to deliver acceptable TA in your stated areas of experience/capacity, we reserve the right to terminate your cooperative agreement early and recapture funds awarded to you, consistent with 2 CFR Part

200. We may also consider declined or delayed assignments or unacceptable TA engagements during future HUD TA NOFO competitions.

If you receive an award, you must operate within the structure of the “demand-response system” (see NOFO section I.A.4 for a definition of demand-response system). Under the demand-response system, you must o Promptly respond to assignments or requests from the GTM or GTR.

https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps o Coordinate TA plans and activities with other HUD TA providers that have particular skills and/or experience in providing assistance to TA recipients in the same jurisdiction or geographic area using TA funds. The coordination may include conference calls, virtual meetings, and/or in-person meetings.

o Attend and/or conduct joint training sessions, workshops, or conferences with other TA providers, as may be requested by the GTM or GTR.

o Conduct work only when tasked or assigned by HUD (GTM, GTR, or Cooperative Agreement Officer or designee).

o Provide TA plans, requests for reimbursement, performance reports, deliverables, and trainings in formats prescribed by HUD.

Successful applicants may be required to obtain the necessary facilities (e.g., a HUD Field Office training room, a hotel conference room, etc.) to deliver TA to TA recipients under the TA award.

G. Criteria for Beneficiaries.

Selected applicants who provide TA cannot also be a beneficiary of that TA.

IV. Application and Submission Information.

A. Obtaining an Application Package.

Instructions for Applicants.

You must download both the Application Instructions and the Application Package from Grants.gov. You must verify that the Assistance Listing Number and Assistance Listing Description on the first page of the Application Package, and the Funding Opportunity Title and the Funding Opportunity Number match the Program and NOFO to which you are applying.

The Application Package contains the portable document forms (PDFs) available on Grants.gov, such as the SF-424 Family. The Instruction Download contains official copies of the NOFO and forms necessary for a complete application. The Instruction Download may include Microsoft Word, Microsoft Excel and additional documents.

An applicant demonstrating good cause may request a waiver from the requirement for electronic submission, for example, a lack of available Internet access in the geographic area in which your business offices are located. Lack of SAM registration or valid DUNS Number is not good cause. If you cannot submit your application electronically, you must ask in writing for a waiver of the electronic grant submission requirements. HUD will not grant a waiver if HUD does not receive your written mailed, shipped, or emailed request at least 15 calendar days before the application deadline and if you do not demonstrate good cause. If HUD waives the requirement, HUD must receive your paper application before the deadline of this NOFO. To request a waiver, you must contact:

Name:

Madlyn Wohlman-Rodri Email:

Madlyn.WohlmanRodriguez@hud.gov HUD Organization:

PD&R

Street:

451 7th St SW City:

Washington State:

DC DISTRICT OF COLUMBIA

Zip:

20410 B. Content and Form of Application Submission.

You must verify that boxes 11, 12, and 13 on the SF-424 match the NOFO for which you are applying. If they do not match, you have downloaded the wrong Application Instruction and Application Package.

Submission of an application that is otherwise sufficient, under the wrong Assistance Listing and Funding Opportunity Number is non curable unless otherwise stated in Threshold requirements.

1. Content.

Forms/Assurances/Certifications Submission Requirement Notes/Description

Application for Federal Assistance

(SF424)

Submission is required for all applicants by the application due date.

Disclosure of Lobbying Activities (SFLLL), if applicable

HUD will provide instructions to grantees on how the form is to be submitted.

If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the applicant shall complete and submit the SF-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Applicants must furnish an executed copy of the Certification Regarding Lobbying prior to award.

Forms/Assurances/Certifications Submission Requirement Notes/Description

HUD Applicant Recipient Disclosure Report (HUD) 2880 Applicant/Recipient Disclosure/Update Report

HUD will provide instructions to grantees on how the form is to be submitted.

HUD instructions to grantees are provided by webcast, To view the webcast, click here.

Faith-Based EEO Survey (SF424 Supplement, Survey on Ensuring Equal Opportunities for Applicants), if applicable

Applicants applying electronically may submit the survey with the application as part of an appendix or as a separate document.

Hard copy submissions should include the survey in a separate envelope.

Non-profit private organizations, not including private universities, are encouraged to submit the survey with their application. Submission of the survey is voluntary.

Certification for a Drug-Free Workplace

Submit via Grants.gov as part of the application package

This form is required for all applicants.

Follow the instructions provided in the form.

Additionally, your complete application must include the following narratives and non-form attachments.

a. Application summary. This must be submitted in PDF format. The application summary will not be scored, but it is a submission requirement before award. The application summary does not count toward the 35-page limit for the narrative responses to the Rating Factors.

You must include the following information in your application summary:

(1) Organization description. You must provide a brief description of your organization in no more than 350 words. This description or some portion of it may appear in the award announcement if you are funded through this NOFO. Each description must contain:

http://media.gss.hud.gov:8080/WC/2011/02/11/HUDForm2880.wmv

Organizational purpose and mission; years of service; history of providing financial management and economic and community development supportive services to UGLGs; and agency web address.

(2) Whether your organization is designated as either of the following:

(a) A disadvantaged business [e.g., 8(a) business]

(b) A small business as defined by the U.S. Small Business Administration

(c) A faith-based organization

(3) Eligible activities. You must provide a description of eligible activities you have completed in the five years prior to the publication date of the NOFO. The eligible activities categories are in NOFO section I.A.1.d, and your application summary should address all eligible activities except Administrative and Coordination.

(4) Indirect Cost Rate. You must indicate your indirect cost rate as described in section IV.F. of this NOFO.

b. List of the relevant staff, consultants, and contractors and their experience and qualifications. This includes any applicable certifications. This must be submitted as an Excel workbook (.xls or .xlsx format). A sample template is available on Grants.gov as part of the application package. The list must clearly identify whether an individual is staff, a consultant, or a contractor. This information will not be scored, but it is a submission requirement before award. The list does not count toward the 35-page limit for the narrative response to the Rating Factors.

c. Narrative response addressing Rating Factors 1-3. As detailed under NOFO section III.D, “Threshold Eligibility Requirements,” any applicant that does not submit a narrative response addressing each of the three Rating Factors will not meet the threshold for review. See NOFO section V.A for more information on the Rating Factors. Your narrative response must be 35 pages or less. Any additional pages will not be considered in the review.

d. Documentation of commitment of leveraged funds. To supplement your response to Rating Factor 3(2), you must provide documentation of the nature and source of the leveraged funds, identify whether any leveraged funds are provided, and provide proof of a firm commitment of those funds.

Firm commitment means that the amount of leveraged resources and their dedication to the TA activities described in this NOFO must be explicit, in writing, and signed by a person authorized to make the commitment. The resources must be available at the time of award. The letters of commitment/MOUs/tribal resolutions must:

Explicitly describe what services or material will be provided if they are to be provided as in-kind;

Indicate the total dollar value of the commitment;

Include a calculation to show how the value of the commitment was derived; and Be dated between the publication date of this NOFO and the application deadline for this

NOFO.

Your documentation must include a description of how the cash or in-kind resources will be managed and by whom. The resources, cash or otherwise, must be directed solely towards this technical assistance program. This includes any income derived from these resources, such as interest earned on cash being held in an interest-bearing account. This documentation does not count toward the 35-page limit for the narrative response to the Rating Factors.

e. Indirect Cost Rate attachment. Applicants selected for funding pursuant to this NOFO may charge indirect costs to the award. As explained in section IV.F of this NOFO, if you want to charge indirect costs against the award, your application must include an attachment labeled "Indirect Costs" that clearly states the rate, the applicable distribution base, and, if applicable, a letter or other documentation from the cognizant agency showing the negotiated rate. The indirect cost rate attachment does not count toward the 35-page limit for the narrative responses to the Rating Factors.

f. Code of Conduct attachment. You must develop and maintain a written code of conduct in accordance with 2 CFR 200.318, unless you are a state. If you already have a code of conduct on file with HUD, you do not need to resubmit a new code unless the information on file has changed. To determine whether HUD has your code of conduct on file, you must visit the following website:

https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/conductgrants. If you are not listed on that website, you must include your code of conduct with your NOFO application as an attachment labeled "Code of Conduct." If you are listed on that website but your code of conduct has changed since you last submitted it to HUD, you must include your most up-to-date code of conduct as an attachment. If you are listed on that website and your code of conduct has not changed since you last submitted it to HUD, you do not need to include your code of conduct with your NOFO application. The code of conduct does not count toward the 35-page limit for the narrative response to the Rating Factors.

A complete submission will consist of the application signed by an authorized official of your organization and contain all relevant sections of the application as described in this

NOFO.

2. Format and Form.

Narratives and other attachments to your application must follow the following format guidelines.

35 Pages maximum length of narratives

Other

8.5 by 11-inch paper size

12-point font, single-spaced

An easily readable font such as Times New Roman, Courier New, or Arial

Black text

At least 0.5-inch margins

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

1. SAM Registration Requirement.

Applicants must be registered with https://www.sam.gov/ before submitting their application.

Applicants must maintain current information in SAM on immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable. Information in SAM must be current for all times during which the applicant has an active Federal award or an application or plan under consideration by HUD.

http://www.sam.gov/

2. DUNS Number Requirement.

Applicants must provide a valid DUNS number, registered…