Radon_Foa_Content_of_FR-6500-N-80.pdf

U.S. Department of Housing and Urban Development

Lead Hazard Control and Healthy Homes

Radon Testing and Mitigation Demonstration for Public Housing

FR-6500-N-80

03/28/2022

Table of Contents Overview

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. Award Information

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. Eligibility Information

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. Application and Submission Information

A. Obtaining an Application Package

B. Content and Form of Application Submission

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

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. Application Review Information

A. Review Criteria

B. Review and Selection Process

VI. Award Administration Information

A. Award Notices

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

C. Reporting

D. Debriefing

VII. Agency Contact(s)

VIII. Other Information

APPENDIX

Program Office:

Lead Hazard Control and Healthy Homes Funding Opportunity Title:

Radon Testing and Mitigation Demonstration for Public Housing Funding Opportunity Number:

FR-6500-N-80

Primary CFDA Number:

14.901 Due Date for Applications:

03/28/2022 Overview The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose described within this NOFO. Prospective applicants should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal.

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

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

Paperwork Reduction Act Statement. The information collection requirements in this notice have been approved by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid OMB control number. Each NOFO will identify its applicable OMB control number unless its collection of information is excluded from these requirements under 5 CFR part 1320.

OMB Approval Number(s):

2539-0015

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

1. Purpose The purpose of this NOFO is to provide funds to public housing agencies (PHAs) to conduct testing and as-needed mitigation of radon in the units that they manage and where applicable, to support the development of a plan for future testing and mitigation. The work supported through this NOFO will also provide HUD with important information on methods and costs for radon testing and mitigation in public housing.

HUD’s Office of Lead Hazard Control and Healthy Homes administers this program, which is aligned with HUD’s Strategic Plan 2018-2022 (and HUD’s 2012-2015 Environmental Justice Strategy). The Strategic Plan includes a provision to broaden the focus of environmental interventions in homes to address other non-lead poisoning concerns such as radon exposure. The Environmental Justice Strategy, which is in the process of being updated addresses environmental and human health issues among high-risk populations and disadvantaged communities including poor quality housing, children, and people with disabilities. For more information about HUD’s Environmental Justice Strategy, refer to:

https://www.hud.gov/sites/documents/HUDENVJUSTSTRATUBF.PDF). Additionally, compliance with environmental justice requirements under Executive Orders 12989 and 14008 calls for alignment with Justice 40, a government-wide effort that aims to deliver 40 percent of the overall benefits of relevant federal investments be delivered to disadvantaged communities through federal agencies through partnership with states and local communities to advance environmental justice and spur economic opportunity for disadvantaged communities.

(https://www.whitehouse.gov/omb/briefing-room/2021/07/20/the-path-to-achieving-justice40/)

Radon is an odorless, colorless radioactive gas which is a decay product of elements in soil and rock and is present in every part of the country. Low levels of radon are found in the outside air;

however, radon gas can move through the soil and enter buildings through small openings in the foundation or basement and become concentrated in the indoor air environment. When radon is inhaled it can damage DNA in lung tissue, and in so doing, increases the risk of developing lung cancer which is the primary adverse health effect from exposure to radon. The latency period or time for lung cancer to manifest can be many years. Moreover, the risk of developing lung cancer from exposure to radon is influenced by many factors including age during exposure, the duration of exposure, and the concentration of radon as a function of age and duration. It is also expected that children experience higher radon doses than adults due to differences in their lung shape and size and faster respiration rate:

https://www.atsdr.cdc.gov/csem/radon/health_effects.html

The U.S. Environmental Protection Agency (EPA) estimates that approximately 21,000 people die in the U.S. annually due to lung cancer from radon exposure. (EPA 2003). Although any exposure to radon poses some risk, the EPA developed an action level of 4 pCi/L (picocuries per liter) of radon in indoor air at which action should be taken to lower radon levels (i.e., mitigate radon) (EPA 2012). The EPA estimates that approximately one out of every fifteen homes in the U.S. exceeds this action level. Because of differences in the amount of radon in underlying soil and rocks, the risk of having elevated radon levels in homes and other buildings varies throughout the U.S. In the early 1990’s the EPA created a map of “radon risk” in the U.S. that identifies areas at the county level with higher and lower risk of buildings having elevated radon levels (designated as Zones 1, 2, and 3): https://www.epa.gov/radon/epa-map-radon-zones and displayed more specifically by state: (https://www.epa.gov/radon/state-maps-radon-zones including radon contact information: State Radon Contacts | National Radon Program Services (sosradon.org) Some states have also developed their own radon maps that use radon test data that have become available since the publication of the EPA radon zone map.

https://www.hud.gov/sites/documents/HUDENVJUSTSTRATUBF.PDF https://www.whitehouse.gov/omb/briefing-room/2021/07/20/the-path-to-achieving-justice40/ https://www.atsdr.cdc.gov/csem/radon/health_effects.html https://www.epa.gov/radon/epa-map-radon-zones https://www.epa.gov/radon/state-maps-radon-zones https://www.epa.gov/radon/state-maps-radon-zones https://sosradon.org/state-radon-contact-map https://sosradon.org/state-radon-contact-map

Applicants are advised to contact their respective state radon contact to get additional information on specific state radon programs and state radon maps. Because of the limited level of funding available through this NOFO, HUD is targeting PHA properties in EPA Zones 1 and 2 (or equivalent based on State radon maps) but is allowing for applications for properties in Zone 3 if certain conditions are met (see Section III.F.1.)

The EPA estimates that approximately 1 in 15 homes (~ 7%) in the U.S. have elevated radon levels. Properties in Zone 1 areas would, on average, be expected to have a higher percentage of elevated radon units (e.g., 25%). In multifamily buildings, this applies primarily to ground contact units, which have a much higher risk of elevated radon than upper floor units. The national standard for radon testing in multifamily buildings (ANSI/AARST standard MAMF- 2017) requires testing of 100% of ground contact units and 10% of units on upper floors. This testing protocol is supported by a HUD-funded study (Kitto et al. 2021) that analyzed radon testing results from multifamily properties in 29 states. Overall, 15% of all units included in the study had elevated radon levels. The researchers concluded that 100% sampling of ground contact units was required to achieve 95% confidence that no unit will have radon levels greater than or equal to 4 pCi/L in buildings with up to 20 units.

National practice standards for radon testing and mitigation have been developed with EPA support, by the American National Standards Institute and the American Association of Radon Scientists and Technologists (ANSI/AARST). Standards have been developed for single family homes, and multifamily and large buildings, and can be viewed at no cost or purchased on the ANSI or AARST websites: https://www.epa.gov/radon/radon-standards-practice.

Costs for radon testing and mitigation vary for single and multifamily housing and depend on building characteristics and location. Current industry estimates include radon testing costs of $100 to $275 per unit for single family housing and $50 to $80 per unit for multifamily housing (Hoylman, 2021). Estimates for per unit mitigation costs range from $1,500 to $3,000 and $2,500 to $4,000 for single and multifamily housing, respectively. Average mitigation costs for multifamily units would be lower when collateral mitigation is considered (i.e., when mitigation of radon in one unit is also effective in mitigating radon in adjacent units). These mitigation costs include initial diagnostic testing and the creation of a final report with an operations and maintenance plan. Operation (e.g., electrical use for fan) and maintenance costs also vary but are estimated at approximately $168/year for operation and an average of $110/year for maintenance.

HUD participated in an EPA-led interagency effort to increase federal agency efforts to address radon in their programs, with goals outlined in the Federal Radon Action Plan (FRAP), published in June 2011: https://www.epa.gov/radon/federal-radon-action-plan-frap. As part of that effort, HUD’s Office of Public and Indian Housing (PIH) published a Notice (PIH 2013–06) stating that “PHAs are strongly encouraged to proactively plan and complete radon testing and follow-up with mitigation strategies, if possible, especially when excessive radon levels are present.” The federal agency efforts outlined in the FRAP were followed by a public/private partnership (which includes HUD) that produced the National Radon Action Plan (NRAP), which set a goal to save lives by increasing radon testing, mitigation, and radon-resistant new construction in the U.S.: https://www.epa.gov/radon/national-radon-action-plan-strategy-saving-lives https://www.epa.gov/radon/radon-standards-practice https://www.epa.gov/radon/federal-radon-action-plan-frap https://www.epa.gov/radon/national-radon-action-plan-strategy-saving-lives

For additional information on radon, please refer to Appendix A.

This NOFO represents a continuation of HUD’s support to public housing agencies (PHAs).

2. Changes from Previous NOFO.

This is a new NOFO.

3. Definitions.

a. Standard Definitions

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

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

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

1) Grant;

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

3. Loans;

4. Loan guarantees;

5. Subsidies;

6. Insurance;

7. Food commodities;

8. Direct appropriations;

9. Assessed or voluntary contributions; or

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

b. Federal Financial Assistancedoes not include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization

(see Standard AOR and Expanded AOR). There can only be one E-Biz POC per DUNS Number.)

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

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

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

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

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

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

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

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

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

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

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

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

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

The definition of "small"—in terms of being able to apply for government support and qualify for preferential tax policy—varies by country and industry. The U.S. Small Business Administration defines a small business according to a set of standards based on specific industries.{e-CFR Title 13-Chapter I – Part 121}

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not https://www.ecfr.gov/cgi-bin/text-idx?SID=0ff5f0839abff4eec707b4478ed733c6&mc=true&node=pt13.1.121&rgn=div5&se13.1.121_1101 include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that pass-through entity considers a contract.

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

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

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

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

4. Program Definitions

EPA Map of Radon Zones: A map that was developed by the U.S. Environmental Protection Agency in 1993 to identify areas of the U.S. with the potential for elevated radon levels (see:

https://www.epa.gov/radon/epa-map-radon-zones). Zones are defined as follows:

Zone 1: counties with predicted average indoor radon screening levels greater than 4 pCi/L (picocuries per liter of air);

Zone 2: counties with predicted average indoor radon screening levels of 2-4 pCi/L;

Zone 3: counties with predicted average indoor radon screening levels less than 2 pCi/L.

Mitigation System: Any system designed to reduce radon concentrations in the indoor air of a building.

Multifamily Building: HUD defines a multifamily building as having five or more attached housing units. The national radon standards published by the American National Standards Institute and the American Association of Radon Scientists and Technologists (ANSI/AARST) defines a multifamily building as “a building having more than one attached dwelling or other occupied unit under the same ownership or designated maintenance or management authority.”

(i.e., MAMF 2017 with 1/21 revisions).

Picocurie (pCi): One pCi is one trillionth of a curie (10-12) or 0.037 disintegrations per second or

2.22 disintegrations per minute.

Picocurie per liter (pCi/L): A unit of concentration of radioactivity corresponding to 0.037 decays per second or 2.22 decays per minute in a liter of air.

Quality Assurance (QA): A complete program designed to produce results that are valid, https://www.sam.gov/SAM/ https://www.epa.gov/radon/epa-map-radon-zones scientifically defensible, and of known precision, bias, and accuracy. Includes planning, documentation, and quality control (QC) activities.

Quality Control (QC): The system of activities to ensure a quality product, including measurements made to ensure and monitor data quality. Includes calibrations and backgrounds, duplicate, blank, and spiked measurements, inter-laboratory comparisons, audits, and other control activities.

Radon (Rn): A colorless, odorless, naturally occurring, radioactive, inert, gaseous element formed by radioactive decay of radium (Ra-226) atoms. The atomic number is 86. Although other isotopes of radon occur in nature, in this document, radon refers to the gas Rn-222.

Radon Measurement (professional): Any state licensed or nationally certified person or entity that conducts radon testing for remuneration. A professional holds a current radon license from a state where radon testing services are regulated, or current national certification recognized by the state in which the test is being conducted. Or, if the testing is being conducted in a non-regulated state, then the professional should have current certification recognized by the non-regulated state.

Single Family Dwelling: HUD defines a single-family dwelling as a building containing one to four dwelling units. The national radon standards published by the American National Standards Institute and the American Association of Radon Scientists and Technologists (ANSI/AARST) defines a single-family dwelling as “A residence or home intended to house a single family and requiring discrete testing location(s).” (MAH 2019)

B. Authority.

The Radon Testing and Mitigation Demonstration Program for public housing is authorized and funded under Section 9(d) of the United States Housing Act of 1937 (1937 Act) (42 U.S.C.

1437g(d)) and the Consolidated Appropriations Act, 2021 (Public Law 116-260, approved December 27, 2020).

II. Award Information.

A. Available Funds Funding of approximately $4,000,000 is available through this NOFO.

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

B. Number of Awards.

HUD expects to make approximately 15 awards from the funds available under this NOFO.

However, the estimated awards will depend on the number of eligible applicants, the requested amount, and other factors. 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:

$4,000,000 Minimum Award Amount:

$150,000 Per Project Period

Maximum Award Amount:

$600,000 Per Project Period

D. Period of Performance The start date will be determined during the period of negotiations with successful applicants.

The performance cannot exceed 36 months from the time of the award. The proposed period of performance should include adequate time for such project components as the hiring of new staff or identifying a licensed and certified contractor(s), all of which can potentially delay project start date.

Period of performance extensions for delays due to exceptional conditions beyond the grantee’s control will be considered for approval by HUD in accordance with 2 CFR section 200.308(d) and (e) as applicable, and the Office of Lead Hazard Control and Healthy Homes (OLHCHH) Program guide (https://www.hud.gov/sites/documents/PGI_2013-03.PDF.) If a request is made and it is determined to be eligible and is approved by OLHCHH, the grantee will receive an extension of up to 12 months in length.

Estimated Project Start Date:

06/08/2022 Estimated Project End Date:

06/08/2025 Length of Project Periods:

36-month project period and budget period

Length of Periods Explanation of Other:

E. Type of Funding Instrument.

Funding Instrument Type:

G (Grant) III. Eligibility Information.

A. Eligible Applicants.

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

Additional Information on Eligibility Public Housing Authorities (PHAs) with the legal authority to develop, own, modernize, and operate a public housing project in accordance with the 1937 Act are eligible. PHAs that are troubled are eligible for funding if the agency is in compliance with any current Memorandum of Agreement or Recovery Agreements.

https://www.hud.gov/sites/documents/PGI_2013-03.PDF

B. Ineligible Applicants.

1. Tribes and tribally designated housing entities (TDHEs)

2. Nonprofit organizations.

3. Resident associations.

4. Individuals, foreign entities and sole proprietorship organizations.

5. State governments.

6. County governments.

7. City governments.

8. Indian Housing Authorities.

C. Cost Sharing or Matching.

This Program does not require cost sharing or matching.

D. Threshold Eligibility Requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Dismissal of charges.

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

E. Statutory and Regulatory Requirements Affecting Eligibility.

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

Active Prime and Sub Recipient registration with SAM.gov Outstanding Delinquent Federal Debts Debarments and/or Suspensions Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Mandatory Disclosure Requirement Prohibition Against Lobbying Activities Equal Participation of Faith-Based Organizations in HUD Programs and Activities

F. Program-Specific Requirements.

1. Project activities will be limited to radon testing and/or mitigation. Also, because of limited funding, we will only provide funding for radon testing and/or mitigation in properties located in EPA radon Zones 1 or 2. In addition, the radon professional must meet the requirements specified in III.F.2.a.

For properties located in Zone 3, an exception will be given if an applicant can provide information that shows (i) radon testing was conducted by a radon professional in at least 20 units in one or more properties AND elevated radon levels (i.e., at or above the action level of https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps

4pCi/L) were confirmed in 10% or more of the tested units, (ii) documentation from the CDC's National Environmental Public Health Tracking Network, demonstrating that the mean pre-mitigation radon testing level (based on data from 2008-2017) for the county in which the property is located is 2pCi/L or greater, or (iii) a radon map created by an agency in your state showing that the radon risk in the geographic area in which your property is located is equivalent or greater than the risk in EPA Zone 2. Information on radon risks is available on EPA's website: https://www.epa.gov/radon/health-risk-radon#beir. A spreadsheet with radon zone designation by county is available on EPA’s website: https://www.epa.gov/radon/state-maps-radon-zones. Information on radon risk from the CDC’s website can be found at:

https://www.cdc.gov/nceh/tracking/topics/RadonTesting.htm

2. Program Requirements.

a. Radon Testing. Radon testing must be conducted by or under the supervision of a professional who is currently credentialed by the National Radon Proficiency Program (NRPP) or the National Radon Safety Board (NRSB.) The individual must also be licensed/certified in the state in which the work is being conducted if the state has this requirement. All radon testing must be conducted in accordance with the protocols specified in the current ANSI/AARST practice standard for the particular building type (i.e., MAMF-2017 with 2021 revisions or MAH 2019). See: AARST Radon Standards

b. Radon Mitigation. If testing identifies a radon level at or above the EPA action level of 4pCi/L, mitigation must be conducted by a professional who is credentialed by the NRPP or NRSB and licensed/certified in the state in which the work is being conducted, if required by the state. Radon mitigation must be conducted according to the current ANSI/AARST consensus standards for the specific housing type (i.e., RMS-MF 2018 or SGM-SF 2017 with 12/2020 revisions). See: AARST Radon Standards.

c. Radon testing and mitigation conducted using funding from this NOFO are restricted to units in which families with children can reside.

d. Program Performance. Grantees shall take all reasonable steps to accomplish all activities within the approved period of performance. HUD reserves the right to terminate the grant agreement prior to the expiration of the period of performance if the grantee fails to make reasonable progress in implementing the approved program of activities or fails to comply with the terms and conditions of the grant agreement.

e. Regulatory Compliance. Grantees must comply with all relevant Federal, state and local regulations regarding radon testing and mitigation, and the exposure to and proper disposal of hazardous materials.

f. Restricted Use of Funds. HUD Radon Testing and Mitigation Demonstration grant funds must not be used to replace or reimburse existing resources dedicated to any ongoing project.

g. OSHA Compliance. The requirements of the Occupational Safety and Health Administration (OSHA) (e.g., 29 CFR parts 1910 and/or 1926, as applicable) or the state or local occupational safety and health regulations, whichever are most stringent, must be met.

h. Privacy. Submission of any information to databases (whether website, computer, paper, or other format) of addresses of housing units tested for radon and/or mitigation under these grants may be subject to the protections of the Privacy Act of 1974 and shall not include any personal information that could identify any household member. You should also check to ensure you https://www.epa.gov/radon/health-risk-radon#beir https://standards.aarst.org/ https://standards.aarst.org/ meet state and local privacy regulations as well as other federal privacy laws and regulations.

i. Cooperation with Related Research and Evaluation. You must cooperate fully with any research or evaluation sponsored by HUD, or another government agency associated with this grant program, including preservation of project data and records, and compiling requested information in formats provided by the researchers, evaluators, or HUD.

j. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u) applies directly to the grantee (see 24 CFR 75.3(a)(2)). The purpose of Section 3 is to ensure that new training, employment, or contracting opportunities created during the grant will, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low-and very low-income persons in the area in which the project is located. Any grantee receiving more than $100,000 must comply with the Section 3 requirements. Please refer to 24 CFR Part 75, subparts A and C.

k. Code of Conduct. If you are awarded a grant, you must be prepared to submit a copy of your Organization’s Code of Conduct and describe the methods you will use to ensure that all officers, employees, and agents of the organization are aware of your Code of Conduct, prior to entering into a grant agreement with HUD.

l. Procurement Requirements. All goods and services must be procured through a competitive process. PHAs must follow procurement requirements in 2 CFR Part 200.

G. Criteria for Beneficiaries.

N/A

IV. Application and Submission Information.

A. Obtaining an Application Package.

Instructions for Applicants.

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

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

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

Name:

Rhona Julien Sc.D.

Email:

rhona.p.julien@hud.gov HUD Organization:

OLHCHH

Street:

451 7th Street, S.W. Room 8236 City:

Washington State:

DC DISTRICT OF COLUMBIA

Zip:

20410 B. Content and Form of Application Submission.

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

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

1. Content.

Forms/Assurances/Certifications Submission Requirement Notes/Description

Application for Federal Assistance

(SF424)

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

Disclosure of Lobbying Activities (SFLLL), if applicable

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

If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this

Forms/Assurances/Certifications Submission Requirement Notes/Description commitment providing for the United States to insure or guarantee a loan, the applicant shall complete and submit the SF-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Applicants must furnish an executed copy of the Certification Regarding Lobbying prior to award.

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

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

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

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

A written narrative that addresses ALL the rating factors noted in section V.A.is a threshold requirement for all applicants and cannot exceed ten (10) pages. Failure to submit a written narrative is not curable and shall not be requested by HUD during the deficiency or "cure" period.

Form SF424 Application for Federal Assistance and applicable assurances (SF-424A-D, as applicable). Be sure to correctly identify the NOFO title, Funding Opportunity Number and CFDA number. Applicants must also include the nine-digit zip code (zip code plus four digits) associated with the applicant address in box 8d of Form SF-424. You can find the 9-digit zip code through the USPS website (http://usps.com) by selecting "Look Up a Zip Code?" under the "Quick Tools" menu on the USPS homepage and entering the street address. It should also include the PHA code.

Any additional information provided to supplement the required forms listed above will not be evaluated.

2. Format and Form.

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

Ten Pages maximum length of narratives

Other

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

Ten (10) 8-1/2 x 11 inch page limit.

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

Number the pages of the narrative.

Minimum 12 point Times New Roman font. Minimum margin width of 1 inch on all sides.

Minimum of single line spacing.

NOTE: Any information submitted in response to the Rating Factors beyond the page limit will not be reviewed.

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

1. SAM Registration Requirement.

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

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

2. DUNS Number Requirement.

Applicants must provide a valid DUNS number, registered and active at https://www.sam.gov/ in the application. DUNS numbers may be obtained for free from Dun & Bradstreet.

3. Requirement to Register with Grants.gov.

Anyone planning to submit applications on behalf of an organization must register at grants.gov and be approved by the E-Biz POC in SAM to submit applications for the organization.

Registration for SAM and grants.gov is a multi-step process and can take four (4) weeks or longer to complete if data issues arise. Applicants without a valid registration cannot apply through grants.gov. Complete registration instructions and guidance are provided on grants.gov.

D. Application Submission Dates and Times.

Application Due Date Explanation The application deadline is 11:59:59 PM Eastern Standard time on

03/28/2022 Applications must be received no later than the deadline, or, if HUD has issued you a waiver allowing you to submit your application in paper form, by HUD no later than the deadline.

Submit your application to Grants.gov unless a waiver has been issued allowing you to submit your application in paper form. Instructions for submitting your paper application will be contained in the waiver of electronic submission.

"Received by Grants.gov" means the applicant received a confirmation of receipt and an application tracking number from Grants.gov. Grants.gov then assigns an application tracking number and date-and timestamps each application upon successful receipt by the Grants.gov system. A submission attempt not resulting in confirmation of receipt and an application tracking number is not considered received by Grants.gov.

Applications received by Grants.gov must be validated by Grants.gov to be received by HUD.

http://www.sam.gov/

"Validated by Grants.gov" means the application has been accepted and was not rejected with errors. You can track the status of your application by logging into Grants.gov, selecting "Applicants" from the top navigation, and selecting “Track my application” from the dropdown list. If the application status is "rejected with errors,” you must correct the error(s) and resubmit the application before the 24-hour grace period ends. Applications in “rejected with errors” status after the 24-hour grace period expires will not be received by HUD. Visit Grants.gov for a complete description of processing steps after applying.

HUD strongly recommends you submit your applications at least 48 hours before the deadline and during regular business hours to allow enough time to correct errors or overcome other problems.

Grants.gov Customer Support. Grants.gov provides customer support information on its website at https://www.grants.gov/web/grants/support.html . Applicants having difficulty accessing the application and instructions or having technical problems can receive customer support from Grants.gov by calling (800) 518-GRANTS (this is a toll-free number) or by sending an email to support@grants.gov. The customer support center is open 24 hours a day, seven days per week, except Federal holidays. The phone number above may also be reached by individuals who are deaf or hard of hearing, or who have speech disabilities, through the Federal Relay Service’s teletype service at 800-877-8339.

You can verify the contents of your submitted application to confirm Grants.gov received everything you intended to submit. To verify the contents of your submitted application:

Log in to Grants.gov.

Click the Check Application Status link, which appears under the Grant Applications heading in the Applicant Center page. This will take you to the Check Application Status page.

Enter search criteria and a date range to narrow your search results.

Click the Search button. To review your search results in Microsoft Excel, click the

Export Data button.

Review the Status column, to view more detailed submission information, click the

Details link in the Actions column.

To download the submitted application, click the Download link in the Actions column.

Please make note of the Grants.gov tracking number as it will be needed by the Grants.gov Help Desk if you seek their assistance.

HUD may extend the application deadline for any program if Grants.gov is offline or not available to applicants for at least 24 hours immediately prior to the deadline date, or the system is down for 24 hours or longer and impacts the ability of applicants to cure a submission deficiency within the grace period.

HUD may also extend the application deadline upon request if there is a presidentially declared disaster in the applicant’s area.

If these events occur, HUD will post a notice on its website establishing the new, extended https://www.grants.gov/web/grants/support.html mailto:support@grants.gov.

deadline for the affected applicants. HUD will also include the fact of the extension in the program’s Notice of Funding Awards required to be published in the Federal Register.

In determining whether to grant a request for an extension based on a presidentially-declared disaster, HUD will consider the totality of the circumstances including the date of an applicant’s extension request (how closely it followed the basis for the extension), whether other applicants in the geographic area are similarly affected by the disaster, and how quickly power or services are restored to enable the applicant to submit its application.

PLEASE NOTE: Busy servers, slow processing, large file sizes, improper registration or password issues are not valid circumstances to extend the deadline dates or the grace period.

1. Amending or Resubmitting an Application.

Before the submission deadline, you may amend a validated application through Grants.gov by resubmitting a revised application containing the new or changed material. The resubmitted application must be received and validated by Grants.gov by the applicable deadline.

If HUD receives an original and a revised application for a single…