FY22 and FY23 Distressed Cities Technical Assistance_FR-6700-N-54 (1).pdf

U.S. Department of Housing and Urban Development

Policy Development and Research

FY22 and FY23 Distressed Cities Technical Assistance (DCTA) Program

FR-6700-N-54

05/19/2023

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. Obtain an Application Package

B. Content and Form of Application Submission

C. System for Award Management (SAM) and Unique Entity Identifier (UEI)

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 Departmental Policy Requirements and Terms for HUD Applicants and Recipients of Financial Assistance Awards

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

Program Office:

Policy Development and Research Funding Opportunity Title:

FY22 and FY23 Distressed Cities Technical Assistance (DCTA) Program Funding Opportunity Number:

FR-6700-N-54

Assistance Listing Number (formerly CFDA Number):

14.259 Due Date for Applications:

05/19/2023

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. You, as a prospective applicant, 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.

In accordance with Title 24 part 4, subpart B of the Code of Federal Regulations (CFR), during the selection process (which includes HUD’s NOFO development and publication and concludes with the award of assistance), HUD is prohibited from disclosing covered selection information.

Examples of impermissible disclosures include: 1) information regarding any applicant’s relative standing; 2) the amount of assistance requested by any 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, direct questions regarding the specific requirements of this NOFO to the agency contact identified in section VII.

Paperwork Reduction Act Statement. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520) (PRA), the Office of Management and Budget (OMB) approved the information collection requirements in this NOFO. 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. This NOFO identifies its applicable OMB control number, unless its collection of information is excluded from these requirements under 5 CFR part 1320.

OMB Approval Number(s):

2528-0326

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

Through this NOFO, HUD is announcing the availability of at least one award for $5 million in FY 2022 funding and one award of up to $5 million in FY 2023 funding to provide technical https://www.ecfr.gov/current/title-24/subtitle-A/part-4/subpart-B https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 assistance (TA) to units of general local government (UGLGs) and their non-profit partners serving communities experiencing economic hardship. This includes distressed UGLGs and UGLGs experiencing persistent poverty. This NOFO refers to UGLGs and their non-profit partners as “TA recipients.”

The objectives of the funds awarded through this NOFO include:

Improve TA recipients’ understanding of relevant financial management principles and practices, including (1) building internal capacity to manage and pursue funding sources,

(2) proactively engaging with the budgeting process, and (3) developing and implementing multi-year financial plans to address TA recipient needs.

Improve TA recipients’ internal processes for (1) collecting and utilizing local data to inform processes such as decision making, (2) strategically organizing and managing human capital to be effective and efficient, and (3) building partnerships across sectors to expand capacity.

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

Enhance TA recipients’ ability to identify, access, and leverage funding sources and other resources to (1) build internal capacity and (2) to finance and support economic revitalization and stabilization projects in the community.

The technical assistance provided through this NOFO will be scaled to meet TA recipient needs and capacity to engage in the TA process. To that end, we are seeking awardees that will take a communicative and responsive approach to technical assistance.

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

governance and administration; public leadership development; negotiation and mediation across sectors; local data collection and analysis; community project and plan implementation;

equitable civic engagement and participatory processes; Spanish language fluency; U.S. territory policies and programs, and tribal government relations. You are encouraged to procure consultants and contractors, as set forth in 2 CFR 200, as necessary that demonstrate experience across these topic areas.

Important Notes: 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.

HUD maintains substantial involvement in the administration, coordination, and oversight of this Program and its awardees. Collaboration across awardees and with HUD is expected throughout award and project periods. This involvement and collaboration with HUD will be further detailed in cooperative agreement provisions if your application is successful and you are issued an award. Previous DCTA cooperative agreement provisions may be reviewed at https://www.hud.gov/program_offices/comm_planning/cpdta/guidance.

a. Background This NOFO invites competitive applications for two funding years: FY 2022 and FY 2023. This means that a single application may request funding from one or both funding years. Eligible applicants will submit a single SF-424 but must clearly identify the amount requested for each funding year in its application summary; see requirements in NOFO section IV.B.1.

We will use the applications received through this NOFO and the resulting application scores to make awards for FY 2022 and FY 2023 funding. When making awards, we will consider your performance under prior HUD TA awards, including declined or delayed assignments or unacceptable TA engagements.

b. TA Focus Areas We expect TA efforts under this NOFO to build financial, organizational, and administrative management functions of TA recipients and improve TA recipients’ abilities to access resources for completing community projects. Specific TA focus areas may include financial management;

governance and administration; leadership development; data collection and analysis; plan implementation, and participatory processes. Because we will take a holistic view of providing technical assistance to TA recipients, we are looking for applicants with demonstrable experience across all areas. As new HUD priorities and recipient needs emerge, TA assignments may address additional organizational or programmatic areas.

c. Leveraging HUD believes that leveraging outside investments encourages engagement between actors in the philanthropic, nonprofit, and private sectors. This NOFO requires a minimum cash leveraged funding amount of 5% of the total amount requested in Box 18.a. of the SF-424. Any additional leveraged funds are not required but are encouraged through points awarded in Rating Factor 3 (see section V.A.1 of this NOFO).

Five percent of the leveraged funds must be provided as a cash contribution. Leveraged funds above the 5% may be provided as cash or in-kind contributions. Combined funding commitments from different sources provided by applicants will count towards the total amount.

Federal sources are not allowed to be used as leverage unless otherwise permitted by the source program's authorizing statute.

In accordance with 2 CFR 200.306(c), indirect costs may be included as part of the DCTA program's leverage requirement as a cash contribution. As the program described in this NOFO may produce engagements anywhere in HUD’s jurisdiction including U.S. territories and federally recognized tribal nations, leveraged funds cannot have any geographic limitation on their usage.

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

They may be tasked to deliver this TA in English or in Spanish. These activities are subject to any restrictions or limitations imposed by the federal regulations, statutes, and policies referenced in this NOFO.

Needs Assessments. Needs assessments are intended to help determine the nature and scope of capacity building needed by the TA recipients. Needs assessments may include an analysis of needs of the community served by the TA recipient, as well as the needs of the TA recipient as an organization or governing entity. 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 TA recipient staff and stakeholders.

Direct TA and Capacity Building Engagements. Direct TA and capacity building require working onsite and/or remotely to improve knowledge and capacity in the TA focus areas mentioned above, such as, financial management; governance and administration; leadership development; data collection and analysis; plan implementation, and participatory processes.

Develop and Maintain Tools and Products. Tools and products developed will use adult learning principles to assist TA recipients in adopting effective, efficient, and sustainable (long-term) practices that address challenges in the TA focus areas supported by this NOFO. 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. 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 and modifying tools to be relevant to specific subpopulations within the U.S. For example, in creating a tool to be used by mainland and Puerto Rico TA recipients– the tool may need to be translated into Spanish and modified to relate to commonwealth policies and processes.

Self-Directed and Group Learning. Self-directed and group learning is intended to increase capacity by equipping TA recipients with knowledge and skills needed to effectively manage themselves as an entity as well as serve the communities within its jurisdiction. 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. In-person group learning must take place in buildings that are accessible to individuals with disabilities to comply with Section 504 accessibility requirements, which prohibits discrimination on the basis of disability in HUD assisted programs.

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 of this NOFO 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 NOFO. 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 Section VI.A of this NOFO). Rental and maintenance of office space is allowed only under the following conditions:

o 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 o No repairs or renovations of the property may be undertaken with funds provided under this NOFO o 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 primarily consist of services related to coordinating technical assistance delivery with HUD and the other awarded technical assistance providers under the DCTA program. For this Program, HUD has substantial involvement in coordination activities. Coordination enables successful applicants to:

o Engage in discussions and activities to improve DCTA program design and TA delivery approaches o Integrate lessons learned from other DCTA engagements into TA delivery o Coordinate TA delivery from more than one provider to the same recipient in specific subject areas o Review products for TA recipients to leverage skills and expertise across awardees

2. HUD and Program-Specific Goals and Objectives

This NOFO supports HUD’s Strategic Plan for Fiscal Years (FY) 2022-2026 to accomplish HUD’s mission and vision. Each of the five goals in the Strategic Plan include what HUD hopes to accomplish, the strategies to accomplish those objectives, and the indicators of success.

However, of the five goals only those applicable to this NOFO are identified below.

You are expected to align your application to the applicable strategic goals and objectives below.

Use the information in this section to describe in your application the specific goals, objectives, and measures that your project is expected to help accomplish. If your project is selected for funding, you are also expected to establish a plan to track progress related to those goals, objectives, and measures. HUD will monitor compliance with the goals, objectives, and measures in your project.

Applicable Goals and Objectives from HUD’s Strategic Plan

1. Strategic Goal 1: Support Underserved Communities Fortify support for underserved communities and support equitable community development for all people.

2. 1C: Invest in the Success of Communities Promote equitable community development that generates wealth-building for underserved communities, particularly for communities of color.

3. Changes from Previous NOFO https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas

This NOFO was previously titled HUD's FY 2020 and FY 2021 Distressed Cities and Persistent Poverty Technical Assistance Notice of Funding Opportunity. Changes have been made throughout the NOFO including in the program objectives, focus areas, eligible activities, definitions, leveraged funding requirement, and rating factors sections.

4. Definitions

a. Standard Definitions

Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition to combating discrimination to 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 opportunities, 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 program participant’s activities and programs relating to housing and urban development.

Assistance Listing number refers to the unique number assigned to each Federal assistance program publicly available in the Assistance Listing, which is managed and administered by the General Services Administration. The Assistance Listing number was formerly known as the Catalog of Federal Domestic Assistance (CFDA) number.

Authorized Organization Representative (AOR) is a person authorized to legally bind your organization and submit applications via Grants.gov. The AOR is authorized by the E-Business Point of Contact (E-Biz POC) in the System for Award Management (see E-Biz POC definition).

An AOR may include an Expanded AOR and/or a Standard AOR.

Expanded Authorized Organization Representative is a user in Grants.gov who is authorized by the E-Biz POC to perform the functions of a Standard AOR, initiate and submit applications on behalf of your organization, and is allowed to modify organization-level settings and certifications in Grants.gov.

Standard Authorized Organization Representative is a user in Grants.gov who is authorized by the E-Biz POC to initiate and submit applications in Grants.gov. A Grants.gov user with the Standard AOR role can only submit applications when they are a Participant for that workspace.

Consolidated Plan is the document submitted to HUD that serves as the comprehensive housing affordability strategy, community development plan, and submission for funding under any of the Community Planning and Development formula grant programs (e.g., CDBG, ESG, HOME, and HOPWA). This Plan is prepared in accordance with the process described in 24 CFR part 91.

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 for 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 https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-24/subtitle-A/part-91 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 above and in 2 CFR 200.1.

Cooperative agreement has the same meaning defined at 2 CFR 200.1.

Deficiency, with respect to the making of an application for funding, is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, missing or incomplete information on a form, or some other type of unsatisfied information requirement. Depending on specific criteria, a deficiency may be either Curable or Non-Curable.

A Curable Deficiency is missing or incomplete application information that 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.

A Non-Curable Deficiency is missing or incomplete application information that cannot be corrected by an applicant after the submission deadline. A non-curable deficiency is a deficiency that is a threshold requirement, or a deficiency that, if corrected, would change an applicant’s score or rank versus other applicants. If an application includes a non-curable deficiency, the application may receive an ineligible determination, or the non-curable deficiency may otherwise adversely affect the application’s score and final funding determination.

E-Business Point of Contact (E-Biz POC) is 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 Authorized Organization Representative definition). There can only be one E-Biz POC per unique entity identifier (see definition of Unique Entity Identifier below).

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

Environmental Justice means investing in environmental improvements, remedying past environmental inequities, and otherwise developing, implementing, and enforcing laws and policies in a manner that advances environmental equity and provides meaningful involvement for people and communities that have been environmentally underserved or overburdened, such as Black and Brown communities, indigenous groups, and individuals with disabilities. This definition does not alter the requirements under HUD’s regulations at 24 CFR 58.5(j) and 24 CFR 50.4(l) implementing Executive Order 12898. E.O. 12898 requires a consideration of how federally assisted projects may have disproportionately high and adverse human health or environmental effects on minority and/or low-income populations. For additional information on environmental review compliance, refer to: https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations.

Equity has the meaning given to that term in Section 2(a) of Executive Order 13985 and means the consistent and systematic fair, just, and impartial treatment of all individuals, including https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.331 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-A/section-58.5 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.

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

(1)

(a) 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

(b) 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, and this NOFO, 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 in 2 CFR 200.1.

Federal Financial Assistance has the same meaning defined at 2 CFR 200.1.

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.

Historically Black Colleges and Universities (HBCUs) are any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation. A list of accredited HBCUs can be found at the U.S. Department of Education’s website.

Minority-Serving Institutions (MSIs) are

(1) a part B institution (as defined in 20 U.S.C. 1601);

(2) a Hispanic-serving institution (as defined in 20 U.S.C. 1101a(5));

(3) a Tribal College or University (as defined in 20 U.S.C. 1059c);

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partB-sec1061.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapV-partA-sec1101a.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059c.pdf

(4) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in 20 U.S.C. 1059d(b));

(5) a Predominantly Black Institution (as defined in 20 U.S.C. 1059e);

(6) an Asian American and Native American Pacific Islander-serving institution (as defined in 20 U.S.C. 1059g); or

(7) a Native American-serving nontribal institution (as defined in 20 U.S.C. 1059f).

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.

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

Racial Equity is the elimination of racial disparities, and is achieved when race can no longer predict opportunities, distribution of resources, or outcomes – particularly for Black and Brown persons, which includes Black, Latino, indigenous, Native American, Asian, Pacific Islander, and other persons of color.

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.

Resilience is a community’s ability to minimize damage and recover quickly from extreme events and changing conditions.

Small business is defined as a privately-owned corporation, partnership, or sole proprietorship that has fewer employees and less annual revenue than 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. See 13 CFR 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 the 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 from a federal awarding agency.

System for Award Management (SAM) is 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 eligibility requirements that must be met for an application to be reviewed, rated, and ranked. Threshold requirements are not curable, except for documentation https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059d.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059e.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059f.pdf https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1 https://www.sam.gov/SAM/ of applicant eligibility, which are listed in Section III.D., Threshold Eligibility Requirements.

Similarly, there are eligibility requirements under Section III.E., Statutory and Regulatory Requirements Affecting Eligibility.

Underserved Communities has the meaning given to that term in Section 2(b) of Executive Order 13985 and refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the definition of “equity” above.

Unique Entity Identifier (UEI) means the identifier assigned by SAM to uniquely identify business entities. As of April 4, 2022, the Federal government has transitioned from the use of the DUNS Number to the use of UEI, as the primary means of entity identification for Federal awards government-wide.

b. Program Definitions.

Capacity Building: Assistance which increases the ability of TA recipients to effectively govern and manage their organization in a sustainable manner, implement improved financial management practices, collect and utilize data reflective of the community, strategically manage and organize available resources including human capital, and implement strategies for community economic revitalization and stabilization.

Community: Population(s) within a neighborhood, place, and/or county.

Community Project: Endeavor that seeks to achieve a particular goal or meet a specific need of local community population(s).

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 §200.1, that is used to enter into a relationship the principal purpose of which is to transfer anything of value to carry out a public purpose authorized by a law of the United States but is distinguished from a grant in that it provides for substantial involvement between HUD and awardee(s) 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 may prioritize the identified needs based on Departmental, programmatic, and jurisdictional priorities. Successful applicants to this NOFO are 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 communities 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 https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government

A noncollege poverty rate of 20 percent or more as of the most recent 5-year ACS survey A population decline of 5 percent or more between 2010 and the most recent 5-year ACS survey Any other characteristic of a community that the awardee and HUD agree reflects a need for the TA or capacity building provided for under this award

Economic Hardship: A term used throughout this NOFO to refer to either/or economic distress or persistent poverty.

Financial Management: The means by which a TA recipient prioritizes the use of 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.

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. The proposal must be submitted to HUD no later than three months after the effective date of the award. This definition applies to applicants that do not have a current Federally negotiated indirect cost rate. If your agency does not have a current negotiated rate (including provisional) rate and elects to use the de minimis rate, your application must clearly state you intend to use the de minimis rate of 10% of Modified Total Direct Costs (MTDC).

Indirect costs: This NOFO adopts the definition of indirect (facilities and administrative (F&A)) costs as found at 2 CFR 200.1. For the purposes of meeting the DCTA leverage requirement, indirect costs may be included as a cash contribution to the leverage balance.

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.

Non-Profit Partners: Established 501(c)3 organizations with a history of working to alleviate economic hardship in the community.

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.c.

Technical Assistance (TA) Recipient: Units of general local government (UGLGs) and their non-profit partners serving communities experiencing economic hardship that may receive TA.

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 and funded under the Consolidated Appropriations Act, 2022 (Public Law 117-103, approved March 15, 2022) and the Consolidated Appropriations Act, 2023 (Public Law 117-328, approved December 29, 2022).

II. AWARD INFORMATION

A. Available Funds

Funding of approximately $10,000,000 is available through this NOFO.

Additional funds may become available for award under this NOFO consistent with Section VI.A.2.e., Adjustments to Funding. Use of these funds is subject to statutory constraints. All awards are subject to the funding restrictions contained in this NOFO.

Further Detail on FY 2022 Funding: The Consolidated Appropriations Act, 2022 provided $5,000,000.

Further Detail on FY 2023 Funding: The Consolidated Appropriations Act, 2023 provided up to $5,000,000.

B. Number of Awards

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

C. Minimum/Maximum Award Information

The minimum number of awards is two. There is no maximum number of awards.

Estimated Total Funding:

$10,000,000

Minimum Award Amount:

$750,000 Per Project Period

Maximum Award Amount:

$5,000,000 Per Project Period

D. Period of Performance

Estimated Project Start Date:

09/18/2023 Estimated Project End Date:

09/30/2026 Length of Project Periods:

Other

Length of Periods Explanation of Other:

There will be multiple projects 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.

Faith-based organizations

(1) Faith-based organizations may apply for this award on the same basis as any other organization, as set forth at 24 CFR 5.109, and subject to the protections and requirements of 42 U.S.C. 2000bb et seq., HUD will not, in the selection of recipients, discriminate against an organization based on the organization's religious character, affiliation, or exercise.

https://www.ecfr.gov/current/title-24/subtitle-A/part-5#p-5.109

(2) A faith-based organization that participates in this program will retain its independence and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law, including the Free Speech and Free Exercise Clauses of the Constitution, 42 U.S.C. 2000bb et seq., 42 U.S.C. 238n, 42 U.S.C. 18113, 42 U.S.C. 2000e-1(a) and 2000e-2(e), 42 U.S.C. 12113(d), and the Weldon Amendment, among others. Religious accommodations may also be sought under many of these religious freedom and conscience protection laws, particularly under the Religious Freedom Restoration Act.

(3) A faith-based organization may not use direct financial assistance from HUD to support or engage in any explicitly religious activities except where consistent with the Establishment Clause and any other applicable requirements. Such an organization also may not, in providing services funded by HUD, discriminate against a beneficiary or prospective program beneficiary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice.

B. Ineligible Applicants

Individuals are ineligible to apply to this NOFO.

C. Cost Sharing or Matching

This Program does not require cost sharing or matching.

This Program requires cash leveraging of 5% of the total requested amount (entered in Box 18.a.

of your SF-424). Leveraging more than this amount will improve an applicant’s score. See sections I.A.1.c 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 are deemed ineligible. Applications from ineligible applicants are not rated or ranked and will not receive HUD funding.

1. Resolution of Civil Rights Matters

Outstanding civil rights matters must be resolved before the application submission deadline.

Applicants with unresolved civil rights matters at the application deadline are deemed ineligible.

Applications from ineligible applicants are not rated or ranked and will not receive HUD funding.

a. An applicant is ineligible for funding if the applicant has any of the charges, cause determinations, lawsuits, or letters of findings referenced in subparagraphs (1) – (5) that are not resolved to HUD’s satisfaction before or on the application deadline date for this NOFO.

(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 (including sexual orientation and gender identity), national origin, disability or familial status;

(2) Status as a defendant in a Fair Housing Act lawsuit filed by the United States 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, Violence Against Women 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; Violence Against Women Act; 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 are marked late. Late applications are ineligible and are not considered for funding. See Section IV. D. Application Submission Dates and Times.

3. Complete Application Package – You must submit all 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 1A.1.C and III.C. of this NOFO.

E. Statutory and Regulatory Requirements Affecting Eligibility

Eligibility Requirements for Applicants of HUD’s Financial Assistance Programs The following requirements affect applicant eligibility. Detailed information on each requirement is found in the “Eligibility Requirements for Applicants of HUD’s Financial Assistance Programs” document on HUD’s Funding Opportunities page.

Universal Identifier and System for Award Management (SAM.gov) Requirements Outstanding Delinquent Federal Debts Debarments or Suspensions, or both Mandatory Disclosure Requirement Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Prohibition Against Lobbying Activities

In addition, each applicant under this NOFO must have the necessary processes and systems in place to comply with the Award Term in Appendix A of 24 CFR part 170 if the applicant receives an award, unless an exception applies as provided in 2 CFR170.110.

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, HUD may award funds to applicant(s) scoring below 75 points.

Applicants must identify their funding request for each funding year included in this NOFO. HUD will create a ranked fundable applicants list for each funding year requested (i.e., a FY 2022 ranked list, and a FY 2023 ranked list). An applicant’s score and the funding requested by year will inform funding decisions associated with this NOFO. You must include the total funding requested for all years on your SF-424; the amount listed on the SF-424 will be used as your maximum funding amount requested for all years of funding associated with this NOFO.