Lead_Hazard_Reduction_CapacityBuilding.pdf

U.S. Department of Housing and Urban Development

Lead Hazard Control and Healthy Homes

Lead Hazard Reduction Capacity Building Grant Program

FR-6600-N-31

06/27/2023

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:

Lead Hazard Control and Healthy Homes

Funding Opportunity Title:

Lead Hazard Reduction Capacity Building Grant Program

Funding Opportunity Number:

FR-6600-N-31

Assistance Listing Number (formerly CFDA Number):

14.912

Due Date for Applications:

06/27/2023

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):

2539-0015

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

The purpose of the Lead Hazard Reduction Capacity Building Grant Program is to assist states;

Federally-recognized Native American Tribes that have an U.S. Environmental Protection 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

Agency-authorized lead abatement certification program; cities, and counties/parishes, or other units of local government which have not received a HUD lead hazard control grant or been a sub-recipient of such a grant since January 1, 2010, in developing the infrastructure necessary to undertake comprehensive programs to identify and control lead-based paint hazards in eligible privately owned rental or owner-occupied housing. The necessity of adequate capacity to ensure the successful implementation of a lead hazard control grant program relies on the following implementation of several key program components listed below:

1. Build local capacity to determine the prevalence of childhood lead poisoning among children under six years in the targeted community(ies);

2. Build local capacity to safely and effectively address lead hazards during lead hazard control and renovation, remodeling, and maintenance activities by integrating lead-safe work practices;

3. Developing and implementing procedures/guidelines for program activities that include program intake of potential program participants and establish a system, or process that will facilitate lead-safe units to be affirmatively marketed to families with young children such as advertising available units to such families where lead-based paint hazards have been controlled;

4. Hire qualified staff with experienced organizational management and financial capacity to immediately execute the program upon receipt of a grant award;

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

6. Developing key partnerships/subgrantees such as: faith-based, health departments, coalitions, or other community-based organizations;

7. Integrating strategies to incorporate lead hazard control into existing housing repair programs; (e.g., housing rehabilitation, local housing ordinance, property maintenance, weatherization, housing-related health hazard interventions, and energy conservation activities);

8. Obtaining high quality data to target resources where need is greatest; and

9. Developing systems for sustaining a lead hazard control program after successful completion of capacity building grant program.

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 https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas

1. Strategic Goal 1: Support Underserved Communities

Fortify support for underserved communities and support equitable community development for all people.

2. 1A: Advance Housing Justice

Fortify support for vulnerable populations, underserved communities, and Fair Housing enforcement.

3. 1C: Invest in the Success of Communities

Promote equitable community development that generates wealth-building for underserved communities, particularly for communities of color.

4. 3B: Create a More Accessible and Inclusive Housing Finance System

Advance new policy, programs, and modernization initiatives that support a more equitable housing finance system. Promote the preservation and creation of affordable housing stock.

5. Strategic Goal 4: Advance Sustainable Communities

Advance sustainable communities by strengthening climate resilience and energy efficiency, promoting environmental justice, and recognizing housing's role as essential to health.

6. 4B: Strengthen Environmental Justice

Reduce exposure to health risks, environmental hazards, and substandard housing, especially for low-income households and communities of color.

7. 4C: Integrate Health and Housing

Advance policies that recognize housing's role as essential to health.

3. Changes from Previous NOFO

The overall NOFO components and objectives have been revised since the previous 2009

Capacity Building NOFO program.

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 http://grants.gov/

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 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.

http://grants.gov/ http://grants.gov/ http://grants.gov/ http://grants.gov/ http://grants.gov/ https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-24/subtitle-A/part-91 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

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 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).

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.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 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200

(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);

(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.

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 http://grants.gov/ http://grants.gov/ 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 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-sec1059f.pdf

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 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.

Program Definitions can be found in Appendix A.

B. Authority

This program is authorized by Section 1011(e) and (g) of the Residential Lead-Based Paint

Hazard Reduction Act of 1992 and funding is provided by the Consolidated Appropriations Act, 2022 (Public Law 117-103, approved March 15, 2022).

II. AWARD INFORMATION

A. Available Funds https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1 http://grants.gov/ https://www.sam.gov/SAM/ https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government

Funding of approximately $50,000,000 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.

B. Number of Awards

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

For information on the methodology used to make award determinations under this NOFO, please see Section V.B Review and Selection Process below.

C. Minimum/Maximum Award Information

Estimated Total Funding:

$50,000,000

Minimum Award Amount:

$500,000

Per Project Period

Maximum Award Amount:

$2,500,000

Per Project Period

D. Period of Performance

Estimated Project Start Date:

09/01/2023

Estimated Project End Date:

09/01/2026

Length of Project Periods:

36-month project period and budget period

Length of Periods Explanation of Other:

N/A

E. Type of Funding Instrument

Funding Instrument Type:

CA (Cooperative Agreement)

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

00 (State governments)

01 (County governments)

02 (City or township governments)

04 (Special district governments)

07 (Native American tribal governments (Federally recognized))

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

Additional Information on Eligibility

1. States, federally recognized Native American Tribes (that have an U.S. Environmental

Protection Agency-authorized lead abatement certification program), cities, counties/parishes, or other units of local government that have not been a direct recipient or a subgrantee of a Lead-Based Paint Hazard Control or Lead Hazard Reduction

Demonstration grant as of January 1, 2010.

2. If your department or agency does not report directly or through a direct chain of command to your jurisdiction’s chief executive officer (governor, county executive, mayor, etc.), you must identify the specific statute(s) (e.g., 1 MyState Revised Code

2345) establishing it as a part of the government, and either attach the relevant wording, or include the specific freely accessible web address(es) in the application.

B. Ineligible Applicants

1. Non-Profit Organizations

2. Previous direct Lead Hazard Control grant recipients or subgrantees since January

1, 2010

3. Individuals

4. Foreign entities

5. Sole proprietorship organizations

C. Cost Sharing or Matching

This Program requires cost sharing or matching as described below.

The chart below describes the match percentage requirement and maximum administrative cost.

Match is required for this program by statute 42 U.S.C. 4852(h). Generally, Federal sources are not allowed to be used as cost share or match unless otherwise permitted by a program’s authorizing statute (for example, HUD’s Community Development Block Grants program). The chart below describes the match percentage requirement, and maximum administrative cost (as a percentage of federal funds).

Match and Cost Requirements Table.

Program Minimum

Match (of federal request)

Direct Lead

Hazard

Control Costs

Maximum

Administrative

Costs

Lead Hazard

Reduction

Capacity

Building

Grant Program

10 percent 65 percent 10 percent

Match Funds Evaluation. Applicants must include the Matching Contribution Table below and should have the corresponding information on the commitment as on the form HUD-424 CBW and the SF-424 application documents submitted under this NOFO. The SF-424 and the match table will constitute the applicant’s commitment to fund the match requirement. The applicant is responsible for all match commitments, including those from donors, discounts, and others, should those contributions not materialize. The table should indicate the source, propose eligible uses, and amounts of match committed on the SF-424 and Form HUD_424_CBW. Add additional rows to the table, as needed, for each match.

Source of Allowable Match Purpose of the Match Amount

Shared costs or matching funds and contributions must not be paid by another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs. NOTE: Community Development Block Grant (CDBG) funds may be used as match to satisfy the matching resource requirements, provided they are specifically designated for the activities and costs allowed in this NOFO. Proposed matching commitments that are not eligible, such as, funding sources that are federal (e.g., HOME or Weatherization

Assistance Program funds) or that are not committed for allowable uses (e.g., rehabilitation, code compliance) will not be counted towards satisfying the match requirements of the programs in this NOFO.

Evidence of match commitment. Your program must provide documentation of all matches indicated on the SF-424 and the Form HUD_424_CBW by letters of firm commitment, such as

Memoranda of Understanding or other signed agreements from those entities identified as partners in the application with your submission to this NOFO during the negotiation process, if you are selected for an award. All letters of commitment, including those provided by your organization, MUST clearly identify the dollar amount or value, the source(s) of the funds, and the proposed uses of matching funds being committed. Commitments for match to be supplied by your organization must be supported by a letter signed by the authorized official whose signature appears on the SF-424 detailing sources and uses of the committed match. The commitment documentation must mention this NOFO and have been signed on or after the date this NOFO was published. You must show that matching contributions will be used specifically for allowable program costs and come from allowable non-federal sources. Both the source of the funds and use of the funds must comply with the requirements of this NOFO. The

Department will track and monitor all match commitments according to Office of Management and Budget (OMB) and program requirements.

Permissible Match Contributions. Examples of eligible sources that are permissible as match contributions include:

• Documentation of Contributions from Training Providers. Training Providers may contribute match dollars. You must provide detailed documentation of the cost to be paid to receive a certificate of completion of an accredited lead professional course or relevant course. Trainer contributions must be supported and verified by a third party: for example, training course and course materials or labor required to conduct a lead professional training course such as lead abatement worker, lead supervisor, etc., published online or company materials.

• The value of in-kind donated items, such as lead, outreach and marketing materials or equipment that are used to recruit clients, partners, stakeholders to participate in lead-based paint hazard control programs, must be established at market rates.

• For services or products provided at a discounted rate and used for an eligible use under the grant, the discounted part of the fee or price is the eligible match, not the entire value of the services or products. For example: if a supply company provides a product to the contractor at a lower rate, the difference in the cost of the product the supplier would typically charge, and the discounted rate is a match if otherwise eligible. You must document that the vendors that provide discounts are knowingly providing support for this federal award.

• Third Party In-Kind Contributions. See 2 CFR 200.306 for additional information on third party in-kind contributions.

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. Affirmatively Furthering Fair Housing. With some exceptions for federally recognized

Indian tribes and their instrumentalities, the application must discuss how the applicant will carry out the proposed activities in a manner that affirmatively furthers fair housing in compliance with the Fair Housing Act and its implementing regulations. Applicants may propose activities that are consistent with their jurisdiction’s Analysis of Impediments (AI), an Assessment of Fair

Housing (AFH), or other means of fair housing planning that meaningfully supports their AFFH certification. If the applicant will carry out proposed activities in a jurisdiction with an accepted

Assessment of Fair Housing (AFH), the proposed activities should be consistent with the AFH's fair housing goals and with fair housing strategies specified in the jurisdiction’s “Consolidated

Plan or Public Housing Agency Plan.”

4. Other Threshold Requirements:

a. Request Funding Amount. You must clearly document the requested federal funding amount on line 18a of SF-424 (Application for Federal Assistance), and the

Form HUD_424_CBW (HUD Detailed Budget Worksheet including Total Budget).

b. Duplicate Application. Only one application will be accepted from any given state, tribal or local government under this NOFO. Title X requires that each award be made to

“A State or unit of local government” (42 U.S.C. § 4852(b)) or, by extension based on an

EPA determination, to a federally recognized tribe that is authorized by that Agency to administer its lead activities certification program, rather than to an individual agency of such a government, so that only one award may be made to an eligible government. If more than one application is received from a state, tribal or local government, whether from the same or a different government agency, the most recent application that was received by Grants.gov that meets the timely receipt requirements will be considered for review and funding, and the other applications will not be reviewed.

c. Match Requirement. If the application does not include documentation that details the minimum ten percent (10%) matching requirement as described in the Cost Sharing or

Matching in Section III.C, above, it will not be reviewed.

d. Required Documents. If the application does not contain each of the required application documents as indicated in Section IV, below, it will not be reviewed.

e. Consolidated Plan. Substitute a web site address where the Consolidated Plan(s) is(are) located and identify the location of the lead-based paint element within the

Plan(s) (e.g., section/subsection number, page number). The web site must contain the lead-based paint element of the current Consolidated Plan(s). Be sure to verify the web address is active.

f. If the jurisdiction does not have a currently approved Consolidated Plan, you must include the jurisdiction’s abbreviated Consolidated Plan, which includes a lead-based paint hazard control strategy developed in accordance with 24 CFR 91.235. You should include the discussion of any lead-based paint issues in your jurisdiction’s Analysis of

Impediments to Fair Housing Choice, particularly as it addresses your target areas.

g. If your Consolidated Plan is not developed during the time of application, your program can be developed once awarded.

• Applicants shall ensure that the requested grant amount is consistent on all forms and materials submitted, and that rounding errors do not result in a request that exceeds the maximum grant award ($2,500,000.00). Applications for amounts larger than the maximum grant award will be deemed ineligible and will not be reviewed or funded.

• Applications with project periods longer than the applicable maximum duration

(36 months) will be deemed ineligible and will not be reviewed or funded.

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

1. Allowable Costs and Activities. This section applies to allowable costs and activities funded under this NOFO. Allowable costs are determined in accordance with the cost principles in 2 CFR part 200, subpart E - Cost Principles. Costs and activities outlined in

(a)(iii)Direct Lead Cost and (a)(iv) Other Allowable Cost sections, do not count as part of section “2.a. Administrative Costs” ten percent (10%) administrative cost cap of this program.

** For more information on Allowable Costs, please see Policy Guidance 2015-01 Clarification of Costs for Lead Based Paint Hazard Reduction Programs. While some of the costs may be the same, some may differ since this is a capacity building program and not the actual lead hazard reduction program. Available at https://www.hud.gov/sites/documents/201501 COST

CATEGORIES.pdf

2. For the purposes of application under this NOFO, you should consider the minimum and maximum funding amounts as you develop your program approach and budget for consideration. See Section II.C, above.

a. Administrative Costs. You can utilize up to ten percent (10%) of the federal award for payments of reasonable grant administrative costs related to planning and executing the project, preparation/submission of HUD reports, etc. Administrative costs must be reflected under each appropriate line item (e.g., salaries, fringe, supplies, on Form

HUD_424_CBW) and a detailed cost element breakdown in the budget narrative must be provided. The ten percent (10%) administrative cost cap for this program must include any indirect cost rates placed in the HUD share budget columns, as well as the sum of the budget line items that have inherent administrative costs per OLHCHH Policy Guidance

2015-01, plus any administrative costs of sub recipient organizations (also detailed by budget line item and budget narrative). There are two categories of administrative costs:

direct administrative costs and indirect costs. For the purposes of this grant, all direct administrative costs and all indirect costs count towards the ten percent (10%) https://www.hud.gov/grants https://www.hud.gov/grants https://www.hud.gov/grants http://sam.gov/ https://www.ecfr.gov/current/title-25/chapter-I/subchapter-H/part-170 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110 https://www.hud.gov/sites/documents/201501%20COST%20CATEGORIES.pdf https://www.hud.gov/sites/documents/201501%20COST%20CATEGORIES.pdf https://www.hud.gov/sites/documents/201501%20COST%20CATEGORIES.pdf administrative cost limit.

(i). Direct Administrative Costs. Direct administrative costs are the reasonable, necessary, allocable, and otherwise allowable costs of general management, oversight, and coordination of the grant (i.e., program administration). Such costs include, but are not necessarily limited to, expenditures for: salaries, wages, fringe benefits, and related costs of the recipient's staff engaged in program administration that can be specifically identified with the grant. (https://www.hud.gov/sites/documents/2015-01 COST

CATEGORIES.pdf ).

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

b. Lead Direct Costs. Lead direct costs are defined as activities that support developing the infrastructure necessary to undertake comprehensive programs to identify and control lead-based paint hazards in eligible privately owned rental or owner-occupied housing.

Awardees must spend at least sixty-five percent (65%) of grant funds on the following direct lead-activities.

i. Marketing and outreach. Conducting targeted outreach, marketing, and education, or development of outreach programs on lead hazard control and lead poisoning prevention that are designed to increase the ability of the program to deliver lead hazard control services to local targeted communities.

ii. Eligible targeted outreach activities include, client enrollment, lead awareness and education, health fairs and community events, landlord and contractor training, and building housing intake pipeline(s) (e.g., referrals of children under age six years with elevated blood lead levels (EBLs)) and delivery systems.

. Building local Lead Hazard Control partnerships to create sustainability coalitions that will result in a model applicant referral process (tool) (e.g. housing authorities, community action groups, neighborhood housing services, healthy homes coalitions).

iii. Educating entities on the benefits of program participation and lead-based paint hazards regulations. These entities include owners of rental properties, landlord associations, tenants, and other local entities that will be educated on the Residential Lead-Based Paint Hazard

Reduction Act, Lead Disclosure Rule, Lead Safe Housing Rule (24 CFR part 35, subparts A, and B-R, respectively), and the EPA Renovation, Repair and Painting (RRP) Rule (40 CFR

745, especially subpart E).

iv. In addition, educating entities on applicable provisions of the Fair Housing Act, especially as it pertains to familial status (e.g., families with children) and disability discrimination, providing meaningful access to these program benefits and information to

Limited English Proficient (LEP) individuals through language assistance strategies and services, in https://www.hud.gov/sites/documents/2015-01%20COST%20CATEGORIES.pdf https://www.hud.gov/sites/documents/2015-01%20COST%20CATEGORIES.pdf https://www.hud.gov/sites/documents/2015-01%20COST%20CATEGORIES.pdf https://www.ecfr.gov/current/title-2/part-200/subpart-e accordance with Title VI of the Civil Rights Act of 1964 and Final Guidance to Federal

Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin

Discrimination Affecting Limited English Proficient Persons published on January 22, 2007 in the Federal Register (72 FR 2732), and providing training on lead-safe maintenance and renovation practices and management. Grant recipients must also take appropriate steps to ensure that communications with individuals with disabilities are as effective as communications with individuals without disabilities, such as by providing appropriate auxiliary aids and services (e.g., interpreters, computer-assisted real time transcription, captioned videos with audible video description, etc.) and making materials available in alternative formats (e.g., Braille, audio recording, and large type) pursuant to 24 CFR 8.6(b), Section 504 of the Rehabilitation Act of 1973, and Titles II and III of the Americans with

Disabilities Act, as applicable.

i. Training/contractor pool development such as providing resources to build capacity and a pool of eligible licensed contractors for lead-safe housing and lead hazard control, including free delivery of HUD-approved lead-safe work practices training courses for housing rehabilitation contractors, rehabilitation workers, renovators, remodelers, homeowners, renters, painters, maintenance staff, and others conducting renovation, rehabilitation, maintenance, hazard control, or other work in private housing.

ii. Building program contractor capacity with emphasis on Section 3 eligible individuals

(For more reference on Section 3 requirements, please review: “Program Requirements and Prohibitions” below).

iii. Establishing and collaborating with key partnerships/subgrantees; to enter formal arrangements with organizations for capacity building objectives (e.g., faith-based, health departments, coalitions, or other community-based organizations).

iv. Integrating strategies to incorporate lead hazard control into existing housing repair programs; (e.g., housing rehabilitation, local housing ordinance, property maintenance, weatherization, housing-related health hazard interventions, and energy conservation activities).

v. Targeting program implementation in areas that meet the Justice40 Initiative Executive

Order 14008, Tackling the Climate Crisis at Home and Abroad, section 22. The Justice40

Initiative (J40) sets an Administration “goal that 40 percent of the overall benefits [of covered programs] flow to disadvantaged…