FY 20 THV FR-6400-N-73 as of 12.23.21.pdf

U.S. Department of Housing and Urban Development

Public and Indian Housing

Tribal HUD-VASH Expansion

FR-6400-N-73

01/24/2022

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. Administrative, National and Department Policy Requirements for HUD recipients

C. Reporting

D. Debriefing

VII. Agency Contact(s)

VIII. Other Information

APPENDIX

Program Office:

Public and Indian Housing Funding Opportunity Title:

Tribal HUD-VASH Expansion Funding Opportunity Number:

FR-6400-N-73

Primary CFDA Number:

14.899 Due Date for Applications:

01/24/2022 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):

2577-0169

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

1. Purpose

The Tribal HUD-VA Supportive Housing (Tribal HUD-VASH) demonstration program was established under the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235, approved December 16, 2014) (2015 Appropriations Act), and provides grants to Indian Tribes and Tribally Designated Housing Entities (TDHEs) eligible to receive block grants under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). Grantees use HUD funding towards rental assistance for Native American Veterans who are homeless or at risk of homelessness, living on or near a reservation or other Indian areas. Under Tribal HUD-VASH, Indian Tribes and TDHEs must partner with the Department of Veterans Affairs (VA) to provide case management and supportive services, including healthcare assistance, to eligible Native American Veterans. On March 2, 2016, HUD published a Federal Register Notice (81 FR 10880) entitled “Tribal HUD–VA Supportive Housing Program Awards, Fiscal Year 2015” notifying the public regarding HUD’s funding decisions under the Tribal HUD-VASH program for Fiscal Year 2015. In total, 26 Indian Tribes and TDHEs were selected to participate in the demonstration program.

The Consolidated Appropriations Act, 2017 (Pub. L. 115-31, approved May 5, 2017) (2017 Appropriations Act) provided HUD with $7 million for the Tribal HUD-VASH demonstration program. Congress directed HUD to use this funding to provide renewal grants to the original Indian Tribes and TDHEs that received funding under the demonstration program. After awarding renewal funding, Congress authorized HUD to use any remaining amounts appropriated to fund new grants. In September 2018, HUD provided the original 26 Indian Tribes and TDHEs participating in the program with $3,765,568 of the $7 million in renewal funding. In accordance with the 2017 Appropriations Act, this NOFO establishes the criteria HUD will use to award the remaining $2,212,614 for new grants.

The 2017 Appropriations Act requires HUD to make awards based on need and administrative capacity. On June 3, 2019, HUD issued a “Dear Tribal Leader” letter (https://www.hud.gov/sites/dfiles/PIH/documents/Tribal%20Vash%20Expansion%20June%203.

pdf) to all tribal leaders and TDHEs. The letter sought tribal feedback on how HUD should assess need and administrative capacity. HUD proposed awarding new grants to some of the original Indian Tribes/TDHEs already participating in the program that demonstrated the capacity to administer the program effectively and that have unmet need for housing and supportive services for eligible Veterans. HUD also proposed awarding new grants through a competition to expand the Tribal HUD-VASH program to new Indian Tribes and TDHEs.

HUD recognizes the overall, severe affordable housing shortage and the extent of homelessness and near homelessness in Indian Country. In January 2017, HUD released a study entitled “Housing Needs of American Indians and Alaska Natives in Tribal Areas: A Report From the Assessment of American Indian, Alaska Native, and Native Hawaiian Housing Needs.” Among the findings, the study found that tribal households are substantially worse than other U.S.

households, with overcrowding in tribal areas being especially severe. The study noted that in the 2013-2015 period alone, 68,000 new units would have been necessary to help eliminate overcrowding and replace physically deteriorating units (Executive Summary p.

xlx). Additionally, the study found that of those surveyed, “a substantial majority of respondents (88 percent) said that their reservation had literal homelessness” and that “based on an estimated 399,400 households . . . 67,900 households include a near homeless member” (p. 82, 85). The study also specifies that “American Indian veterans nationwide tend to be overrepresented among the homeless veteran population” (p. 83). Additional information and subsequent reports are available at: https://www.huduser.gov/portal/pdredge/pdr-edge-research-022117.html.

https://www.govinfo.gov/content/pkg/FR-2016-03-02/pdf/2016-04627.pdf https://www.hud.gov/sites/dfiles/PIH/documents/Tribal%20Vash%20Expansion%20June%203.pdf https://www.hud.gov/sites/dfiles/PIH/documents/Tribal%20Vash%20Expansion%20June%203.pdf https://www.hud.gov/sites/dfiles/PIH/documents/Tribal%20Vash%20Expansion%20June%203.pdf https://www.huduser.gov/portal/publications/HNAIHousingNeeds.html https://www.huduser.gov/portal/publications/HNAIHousingNeeds.html https://www.huduser.gov/portal/pdredge/pdr-edge-research-022117.html

Given these considerations and based on feedback received from the “Dear Tribal Leader” letter, HUD is using this opportunity to award new Tribal HUD-VASH grants to address both the concerns identified in the study and to provide housing assistance and supportive services to Native American Veterans who are homeless or at risk of homelessness. Rather than following the invitation and selection process used for the original Tribal HUD-VASH awards, HUD reconsidered this original methodology and decided to compete these new grants as discussed in Section IV of the Tribal HUD-VASH Consolidation Notice (83 FR 23710, May 22, 2018) (“Consolidation Notice”). HUD determined that conducting a competition to award new Tribal HUD-VASH grants is the most effective and appropriate method to award this funding. The vast majority of Tribal respondents to the “Dear Tribal Leader” letter favored the competition, with overwhelming support for allowing both existing grantees and new applicants to request funding.

Doing so provides tribes/TDHEs with the opportunity to demonstrate administrative capacity and need in a fair and equitable manner, and allows HUD to more effectively target and award funding to recipients that have demonstrated upfront that they have a sufficient number of homeless Native American Veterans that need assistance, have available housing stock to house these Veterans, have VA support, and have the requisite administrative capacity to effectively administer this program.

Since the 2017 Appropriations Act also requires HUD to coordinate with the VA when awarding new grants under the program, the Departments met throughout the planning process and jointly established the rating factors and requirements detailed in this NOFO. These were driven based on HUD and VA's experiences to-date, including assessing the demonstration program's achievements, areas for improvement, delays for program implementation for some grantees, and feedback from both HUD-Office of Native American Programs (ONAP) and VA case managers.

Both Departments also discussed feedback received from the “Dear Tribal Leader” letter, and developed criteria to assess an applicant’s need and program readiness such as availability of housing stock, number of veterans who are homeless or at-risk of homelessness, and coordination with the local VA medical center and other community members. HUD and VA believe that in stressing these topics upfront, new expansion grants will help target tribal communities with the capacity and need to quickly assist its homeless veteran population, while providing critical case management services and technical assistance.

This NOFO announces the availability of the remaining $2,212,614 in FY 2017 funding for new Tribal HUD-VASH grants to both Indian Tribes and TDHEs currently participating in the demonstration program, and to eligible Indian Tribes and TDHEs that have not previously received a Tribal HUD-VASH grant. HUD will give priority to applicants that demonstrate the capacity to leverage other funding sources to increase the number of new housing units available for eligible Veterans under the program. HUD invites applicants to apply for this funding opportunity in accordance with the criteria established in this NOFO.

2. Changes from Previous NOFO.

Under the January 15, 2021 posting (Round I) of this NOFO, five awards were made totaling $1,021,818. ONAP is now re-publishing this NOFO to award the remaining funds ($2,212,614) in FY 2017 funding for the new Tribal HUD-VASH grants. Award recipients from Round I are not eligible to submit an applicantion for this NOFO.

On page 52 of 56 of the January 15, 2021 posting of this NOFO, Section VI. B., has been https://www.hud.gov/sites/dfiles/PIH/documents/2018-05-Tribal_HUD-VASH_Consolidated_Notice.pdf modified to remove the following:

In accordance with the Office of Management and Budget’s guidance located at 2 CFR part 200, all applicable Federal laws, and relevant Executive guidance, the Federal awarding agency will review and consider applications for funding pursuant to this notice of funding opportunity in accordance with the:

Guidance for Grants and Agreement in Title 2 of the Code of Federal Regulations (2 CFR), as updated in the Federal Register’s 85 FR 49506 on August 13, 2020, particularly on:

o Selecting recipients most likely to be successful in delivering results based on the program objectives through an objective process of evaluating Federal award applications (2CFR part 200.205), o Prohibiting the purchase of certain telecommunication and video surveillance services or equipment in alignment with section 889 of the National Defense Authorization Act of 2019 (Pub. L. No. 115—232) (2 CRD part 200.216), o Promoting the freedom of speech and religious liberty in alignment with Promoting Free Speech and Religious Liberty (E.O. 13798) and Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities (E.O.

13864) (§§ 200.300, 200.303, 200.339, and 200.341), o Providing a preference, to the extent permitted by law, to maximize use of goods, products, and materials produced in the United States (2 CFR part 200.322), and o Terminating agreements in whole or in part to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities (2 CFR part 200.340)

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

2. 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 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 at https://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 The definitions in the Tribal HUD-VASH Consolidation Notice (83 FR 23710, May 22, 2018, https://www.hud.gov/sites/dfiles/PIH/documents/2018-05-Tribal_HUD- VASH_Consolidated_Notice.pdf) and in 24 CFR part 1000 apply to this program.

Firm Commitment: This term refers to a letter of commitment, memorandum of understanding https://www.ecfr.gov/cgi-bin/text-idx?SID=0ff5f0839abff4eec707b4478ed733c6&mc=true&node=pt13.1.121&rgn=div5&se13.1.121_1101 https://www.sam.gov/SAM/ https://www.hud.gov/sites/dfiles/PIH/documents/2018-05-Tribal_HUD-VASH_Consolidated_Notice.pdf or agreement to participate from an applicant’s partner specifying that it agrees to perform and/or support an activity specified in the application. The firm commitment must demonstrate that the partner has the financial capacity to deliver the resources or skills necessary to implement the proposed activity, either in cash or through in-kind contributions, if HUD awards Tribal HUD- VASH IHBG competitive funds. Partners that may provide a firm commitment may be the tribal government, a public agency, foundation, or other private party resource provider.

B. Authority.

Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235, approved December 16, 2014); Consolidated Appropriations Act, 2017 (Pub. L. 115-31, approved May 5, 2017)

II. Award Information.

A. Available Funds Funding of approximately $2,212,614 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.

Of this total, HUD intends to award up to $1,212,614 to eligible Indian Tribes and TDHEs that have not previously received a Tribal HUD-VASH grant. HUD intends to award up to $1 million to Indian Tribes and TDHEs currently participating in the Tribal HUD-VASH program that have continued to demonstrate administrative capacity and need based on the funding criteria described in this NOFO.

HUD reserves the right to adjust the total amounts that will be awarded to new applicants and existing Tribal HUD-VASH recipients depending on demand and the results of its review of applications. All awards are subject to the applicable requirements established in this NOFO.

All applications received through this NOFO that pass the initial application screening and threshold requirements will be rated and ranked. Funds will be awarded in rank order based on the score received on the application submitted under this NOFO.

HUD reserves the right to issue a supplemental or independent NOFO if necessary (e.g., to ensure that all appropriated funds are awarded).

B. Number of Awards.

HUD expects to make approximately 20 awards from the funds available under this NOFO.

The number of awards will be based on the number of proposals HUD reviews, approves, and funds.

C. Minimum/Maximum Award Information There is no maximum number of units an applicant can request under this NOFO. However, HUD established the following minimum request criteria for new applicants only:

Minimum # of rental units for new recipients: At least 15 units per award

Administrative Fees for New Recipients: Grants awarded to new recipients will include a flat administrative fee of $92/month per unit, for a 12-month period, which can also be used for start-up funding, including training.

Administrative Fees for Existing Recipients: Grants awarded to existing recipients will be calculated by taking the flat administrative fee of $92/month per unit for a 12-month period minus the cumulative FY15 and FY17 unexpended administrative fee balance remaining in LOCCS on the application deadline.

Estimated Total Funding:

$2,212,614 Minimum Award Amount:

$0 Per Project Period

Maximum Award Amount:

$0 Per Project Period

D. Period of Performance Estimated Project Start Date:

05/30/2022 Estimated Project End Date:

05/30/2025 Length of Project Periods:

Other

Length of Periods Explanation of Other:

The period of performance and planned drawdowns for any grant awarded under this NOFO must be included on the SF-424, Application for Federal Assistance, and approved by HUD. The period of performance will vary, depending on the nature of the Tribal HUD-VASH program activities proposed by the applicant. Costs must be incurred during the period of performance identified on the grant award.

E. Type of Funding Instrument.

Funding Instrument Type:

G (Grant) III. Eligibility Information.

A. Eligible Applicants.

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

Additional Information on Eligibility The following are eligible:

Eligible applicants are Indian Tribes as defined in section 4(13) of NAHASDA and Tribally Designated Housing Entity (TDHE) authorized by one or more Tribes pursuant to section 4(22) of NAHASDA who have ever been allocated formula funding.

Applications submitted by a TDHE on behalf of an Indian tribe(s) must include a tribal resolution(s) or tribal certification on official letterhead authorizing the TDHE to apply on behalf of the tribe(s). The resolution(s) must be submitted with the application.

An Indian tribe that authorizes a TDHE to apply on its behalf may not also submit its own application for funding. Such application will not be evaluated.

Award recipients from the January 15, 2021 posting of this NOFO (Round I) are not eligible to submit applications for this NOFO.

HUD does not award grants to individuals. HUD will not evaluate applications from ineligible applicants.

Subawards: As described in Section IV, “Allocation of Assistance” of the Consolidation Notice, an eligible applicant may choose to enter into agreements with other eligible Indian tribes or TDHEs or directly serve eligible Tribal HUD-VASH recipients from the other tribe. The case manager assigned to the applicant must be able to provide case management services to eligible Veterans within the IHBG service area of the subaward tribe. An eligible applicant interested in such agreements will be eligible for only one grant award under this NOFO.

A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. In addition to the requirements in 2 CFR 200.331, the legal agreement must contain the subrecipient’s assurance of compliance with program requirements, including but not limited to nondiscrimination and equal opportunity requirements.

B. Ineligible Applicants.

Award recipients from the January 15, 2021 posting of this NOFO (Round I) are not eligible to submit applications for this NOFO.

HUD does not award grants to individuals. HUD will not evaluate applications from ineligible applicants.

C. Cost Sharing or Matching.

Cost sharing, mandatory matching or leveraging is not required under this grant, but applicants are encouraged to leverage other Federal (including IHBG formula funds) and non-Federal sources. HUD will award maximum points for applications that propose a certain percentage of leverage and provide the required firm commitments and/or supporting documentation to support each source of leverage. (See Subfactor 3.2 of this NOFO). All leveraging must be secured and used by the end of the grant term. Other Federal sources are only allowed to be used as leveraging if permitted by a program's authorizing statute. Grantees will be required to show evidence that leveraging resources were actually received and used for their intended purposes through quarterly Federal Financial Reports (SF-425) as the project proceeds.

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. Number of Applications

Each eligible applicant may only submit one application under this NOFO. If an applicant submits more than one application under this NOFO, then HUD will only accept the last application submitted by the application deadline specified in Section IV.D.-Application Submission Dates and Times specified in this NOFO. An Indian tribe that authorizes a TDHE to apply on its behalf may not also submit its own application for funding. Such application will not be evaluated.

4. Verification of Partnership with the local U.S. Department of Veterans Affairs

The applicant must include an official letter of support from its local VA Medical Center or VA Healthcare System’s Director with its application. The letter must affirm that the tribe or TDHE has consulted with its local VA facility about its interest in establishing or expanding its own Tribal HUD-VASH program and that the VA commits to providing case management services for eligible Veterans, should the applicant succeed in receiving a Tribal HUD-VASH award. Information regarding Local VA facility information and Local VA Homeless Program Coordinators is available online at: https://www.va.gov/find-locations and https://www.va.gov/HOMELESS/docs/HCHV_Sites_ByState.pdf.

5. Utilization Rate Criteria (Applicable to existing Tribal HUD-VASH grantees only)

Applicants that currently administer the Tribal HUD-VASH program must have at least a 70% Tribal HUD-VASH unit utilization rate as of the application submission deadline date indicated in this NOFO. If an applicant is uncertain about whether they meet this threshold criteria, contact TribalHUDVASH@hud.gov.

6. Threshold Rating Factors

Applicants must receive minimum scores of 20 points for Rating Factor 1, Capacity of the Applicant and 35 points for Rating Factor 3, Capacity to Administer the Program. Applicants that do not meet the minimum score for each of these rating factors and an overall score of 75 points will be ineligible to receive a grant under this competition.

E. Statutory and Regulatory Requirements Affecting Eligibility.

Eligibility Requirements for Applicants of HUD’s Grants Programs https://www.va.gov/find-locations https://www.va.gov/find-locations https://www.va.gov/HOMELESS/docs/HCHV_Sites_ByState.pdf https://hudgov-my.sharepoint.com/personal/marco_c_santos_hud_gov/Documents/Tribal%20HUD-VASH/THV%20expansion/clearance%20comments/<a href=

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.

General Program Requirements and Exceptions: Rental assistance under the Tribal HUD- VASH program is subject to the requirements laid out in the Tribal HUD-VASH Consolidation Notice (83 FR 23710, May 22, 2018, https://www.hud.gov/sites/dfiles/PIH/documents/2018-05- Tribal_HUD-VASH_Consolidated_Notice.pdf) (“Consolidation Notice”), Public and Indian Housing Notices, and ONAP Program Guidances the pertain to the program, (as now in effect and may be amended from time to time). Generally, the Indian Housing Block Grant (IHBG) statutory and regulatory requirements applicable to rental assistance apply, as modified by the Consolidation Notice. Additionally, the Consolidation Notice establishes waivers and alternative requirements in order to effectively deliver and administer HUD-VASH assistance. Except as otherwise provided in this NOFO, new grants awarded under this NOFO will be subject to all of the requirements, waivers and alternative requirements specified in the Consolidation Notice. The requirements of the Consolidation Notice are being modified for grants awarded under this NOFO in the following ways:

1. Section IV, “Allocation of Assistance” will not apply, except for the provisions related to the tribe/TDHE's use of a subaward agreement to administer Tribal HUD-VASH award, which remains applicable;

2. Section V, “Application for Tribal HUD-VASH Program” will not apply;

3. Section VI, “Tribal HUD-VASH Program requirements, Waivers, and Alternative

Requirements: O-Reporting Requirements” will not apply, except HUD Form 50058 reporting, which remains applicable; and

4. Section VI.T, “Reduction and Termination of HUD-VASH Grant Funds, Appeal of HUD Determinations, and Reallocation of Grant Funds” will apply, except that instead of the reallocation process specified in the Consolidation Notice, HUD will follow the process described in Section VII.B.4.b, of this NOFO, “Tribal HUD-VASH Expansion Progress and Performance” for grants awarded under this NOFO.

Use of Formula Current Assisted Stock As established in ONAP Program Guidance, "IHBG in the Tribal HUD-VASH Program" (No.

2018-01, published February 21, 2018, https://www.hud.gov/sites/dfiles/PIH/documents/2018- 01ihbgtribalguidance.PDF), Formula Current Assisted Stock (FCAS) units can be used to house Tribal HUD-VASH Veterans. However, if FCAS units are used for this purpose, then these units https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps https://www.hud.gov/sites/dfiles/PIH/documents/2018-05-Tribal_HUD-VASH_Consolidated_Notice.pdf https://www.hud.gov/sites/dfiles/PIH/documents/2018-05-Tribal_HUD-VASH_Consolidated_Notice.pdf https://www.hud.gov/sites/dfiles/PIH/documents/2018-05-Tribal_HUD-VASH_Consolidated_Notice.pdf https://www.hud.gov/sites/dfiles/PIH/documents/2018-05-Tribal_HUD-VASH_Consolidated_Notice.pdf https://www.hud.gov/sites/dfiles/PIH/documents/2018-01ihbgtribalguidance.PDF https://www.hud.gov/sites/dfiles/PIH/documents/2018-01ihbgtribalguidance.PDF will not be counted in the IHBG recipient’s FCAS formula count during the period that Veterans are housed in these units. New grants awarded under this NOFO will be subject to this same requirement.

Compliance with Fair Housing and Civil Rights Laws. Nondiscrimination requirements are outlined in 24 CFR 1000.12. Actions under NAHASDA by Federally recognized Indian tribes and their instrumentalities are subject to the requirements of Title II of the Civil Rights Act of 1968, known as the Indian Civil Rights Act, in addition to the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973. Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), including the obligation to Affirmatively Furthering Fair Housing apply to recipients that are not Federally recognized Indian tribes and their instrumentalities.

G. Criteria for Beneficiaries.

The beneficiaries of funds awarded under the Tribal HUD-VASH program are Native American Veterans that are Homeless or At Risk of Homelessness and meet the Consolidation Notice requirements established in Section VI.B.-“Native American Veteran Eligibility.”

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:

Director-Grants Mgmt Email:

TribalHUDVASH@hud.gov HUD Organization:

PIH-ONAP

Street:

451 7th Street SW, Rm. 4108 City:

Washington State:

DC DISTRICT OF COLUMBIA

Zip:

20410

Notwithstanding the 15-day deadline referenced above in this section of the NOFO, applicants for Tribal HUD-VASH Expansion Funds may submit a waiver request up to 7 business days prior to the application deadline date. Applicants should send waiver requests to the contact listed above, with a copy to their respective ONAP Area Office.

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

Forms/Assurances/Certifications Submission Requirement Notes/Description

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.

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.

Sample VA Letter of Support Threshold Eligibility Requirements

This support document provides a sample of the VA letter that is mentioned in Section III D. 4. of this

NOFO.

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

See required application components listed in Section IV.B.2. See below for a list of required content.

2. Format and Form.

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

_________ Pages maximum length of narratives

Submissions for All Projects: The applicant must submit all forms and information required in this section. Unless otherwise noted as a curable deficiency as defined in Section I.A.3.- Definitions, if information under this section is not submitted with the application or is submitted incorrectly, then the application will be disqualified and not evaluated. Submitted incorrectly includes documents or forms that are blank, forms for other competitive grant programs, or that have file extensions that are incompatible with Grants.gov. Do not submit third party documents, such as audits, general letters of support, or policies, unless specifically asked to do so. Unsolicited information will not be used when rating the applications.

a) Application for Federal Assistance (SF-424):

The SF-424 must include the information listed below. HUD may require successful applicants to update errors on the SF-424 based on the pre-award requirement process outlined in this http://media.gss.hud.gov:8080/WC/2011/02/11/HUDForm2880.wmv

NOFO. Line 18a (Federal) must list the amount requested under this Tribal HUD-VASH Expansion opportunity. Other federal funding should not be listed.

1. Key Contact (Block 8f): List the contact information of the applicant’s proposed Tribal HUD-VASH program manager. Do not list a non-employee of the applicant, such as a contractor/consultant grant writer.

2. Catalog of Federal Domestic Assistance Number (Block 11): 14.899

3. Proposed Project Dates (Blocks 17a-b): The estimated period of performance start and end dates for projects awarded under this NOFO is 05/30/2022 - 05/30/2025. However, the period of performance will vary, depending on the nature of the Tribal HUD-VASH program activities proposed by the applicant.

4. Estimated Funding (Blocks 18a-g):

a. Line 18a (Federal) must list the amount requested under this Tribal HUD-VASH

Expansion NOFO. This must not include any proposed federal funding used as leveraged funds.

b. Lines 18b-18f must list any proposed leveraged funds. Any federal funds proposed as leverage (e.g., IHBG formula) should be listed in line 18e, “Other.”

c. Line 18g: Overall total from 18a-18g.

5. Authorized Representative (Block 21): Include the authorized representative’s contact information and signature (e.g., Tribal Chief, TDHE Executive Director, etc.). This should not be the same person listed as the Key Contact in Block 8f.

b) Applicant/Recipient Disclosure/Update Report (form HUD-2880, Curable deficiency)

c) One-Page Proposal Summary (Curable deficiency):

The applicant must include a one-page summary of the proposed project(s). The summary must indicate the total number of rental housing units that the Tribe or TDHE plans to provide, the type of units (Tenant-Based and/or Project-Based Rental Assistance), and key outputs/outcomes the applicant will achieve (e.g., number of eligible Veterans assisted, increase in available housing stock for eligible Veterans, etc.), should it be awarded a Tribal HUD-VASH Expansion Grant. If the applicant is a TDHE applying on behalf of multiple tribes and/or proposing any subawards, then the TDHE must identify those tribes in its summary. HUD will not consider any information in the summary when rating applications and may require successful applicants to update the summary based on the pre-award requirement process outlined in this NOFO.

d) Workplan Narrative:

The Workplan Narrative is the response to the three rating factors listed in Section V of this NOFO. Applications that do not follow the formatting recommendations will not be penalized. However, HUD strongly recommends the following standards:

1. Letter-sized paper, 8.5" x 11," with 1" margins

2. Double-Spaced text in the workplan narrative and single-spaced titles, headings, footnotes, quotations, references, and captions;

3. 12-point font; and

4. Easily readable font such as Times New Roman, Courier, Courier New, or Arial.

e) Implementation Schedule:

The applicant must submit a detailed Implementation Schedule separate from the workplan narrative, that identifies each significant activity and milestone required for completing the planning process, including planned start and completion dates for all tasks. The applicant must identify key milestones, including a timeline for establishing required policies for the Tribal HUD-VASH program (new applicants only), coordination and collaboration with the VA, and amending the applicant’s Indian Housing Plan to include the Tribal HUD-VASH program. The Implementation Schedule must align with the plans discussed in the workplan narrative, and with the project dates identified on the SF-424, Application for Federal Assistance. The applicant may choose to submit this in the format of its own choosing (e.g., Word attachment, Excel spreadsheet, etc.).