Reposting Lead Hazard Reduction Grant Program FR-6500-N-13.pdf

U.S. Department of Housing and Urban Development

Lead Hazard Control and Healthy Homes

Lead Hazard Reduction Grant Program

FR-6500-N-13

09/27/2021

Table of Contents Overview

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. Award Information

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. Eligibility Information

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. Application and Submission Information

A. Obtaining an Application Package

B. Content and Form of Application Submission

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

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. Application Review Information

A. Review Criteria

B. Review and Selection Process

VI. Award Administration Information

A. Award Notices

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

C. Reporting

D. Debriefing

VII. Agency Contact(s)

VIII. Other Information

APPENDIX

Program Office:

Lead Hazard Control and Healthy Homes Funding Opportunity Title:

Lead Hazard Reduction Grant Program Funding Opportunity Number:

FR-6500-N-13

Primary CFDA Number:

14.905 Due Date for Applications:

09/27/2021 Overview The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose described within this NOFO. Prospective applicants should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal.

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

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

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

OMB Approval Number(s):

2539-0015

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

1. Purpose The purpose of the Lead-Based Paint Hazard Reduction (LHR) grant program is to maximize the number of children under the age of six protected from lead poisoning by assisting states, cities, counties/parishes, Native American Tribes or other units of local government in undertaking comprehensive programs to identify and control lead-based paint hazards in eligible privately-owned rental or owner-occupied housing populations. In addition, there are Healthy Homes Supplemental funding available that is intended to enhance the lead based paint hazard control activities by comprehensively identifying and addressing other housing hazards that affect occupant health.

Program funds will be awarded to applicants to accomplish the following objectives:

a. (Targeted Units) Target lead hazard control efforts in housing units where children less than six (6) years of age are at greatest risk of lead poisoning (pre-1960, and, especially, pre-1940 construction), which has historically included children in low-income and minority neighborhoods, to reduce the likelihood of elevated blood lead levels in these children.

b. (Cost Effectiveness) Utilize cost-effective lead hazard control methods and approaches that ensures the long-term safety of the building occupants.

c. (Capacity) Build local capacity of trained and certified individuals and firms to address lead hazards safely and effectively during lead hazard control, and renovation, remodeling, and maintenance activities. Another core element for capacity includes the development of comprehensive, community-based approaches to integrating this grant program within other local initiatives through public and private partnerships that address housing related health and safety hazards and/or serve low income families with children under the age of six (6).

d. (Affirmative Marketing) Establish and implement a detailed process of monitoring and ensuring that units made lead-safe are affirmatively marketed, and priority given, to families with children under age 6 years for not less than three years.

e. (Data Collection) Gather pre- and post-treatment data that supports and validates lead hazard control investments. Program data collected should support the evaluation of grant program activities and outcomes.

f. (Targeted Outreach and Education) Conducting targeted outreach, affirmative marketing, education or outreach programs on lead hazard control and lead poisoning prevention designed to increase the ability of the applicant to deliver the specified lead hazard control services through this program; including educating owners of eligible rental properties, tenants, and others on the benefits and expectations of participating in this program provided by Title X of the Residential Lead-Based Paint Hazard Reduction Act.

2. Changes from Previous NOFO.

Modification to previous posting are as follows

Website link corrected from FY20 to FY21 https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps/fy21_lhrgp

Additional modifications corrected the Appendices link.

https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps/fy21_lhrgp https://www.hud.gov/program_offices/healthy_homes/lhr_nofo

The 10% match is mandatory; however, while letters of commitment may be submitted with the application, they do NOT have to be submitted with the application but must be available prior to award.

The funding amount has been decreased due to the previous awards.

If you received Lead Hazard Reduction grant funding in 2021, you are not eligible to apply under this program.

For the benefit of all applicants, weblinks to helpful resources are provided throughout this NOFO and its appendices. Applicants are encouraged to use to these resources.

A Sample Budget Narrative is provided.

There is no longer a High Impact Neighborhoods catagory.

If you receive the Healthy Homes Supplemental funds you are required to perform radon testing and mitigation if the radon level is at or above the EPA action level of 4 picocuries per liter of air (4 pCi/L).

Rating Factor 1 decreased from 45 to 40 and Rating Factor 3 increased from 25 to 30.

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.

Opportunity Zone (OZs) are defined in 26 U.S.C. 1400Z-1. In general, OZs are census tracts located in low-income communities where new investments, under certain conditions, may be eligible for preferential tax treatment.

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.

Promise Zones (PZs) are high poverty communities where the federal government partners with local leaders to increase economic activity, improve educational opportunities, leverage private investment, reduce violent crime, enhance public health and address other priorities identified by the community.

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

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

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

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that pass-through entity considers a contract.

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

System for Award Management (SAM) means the Federal Repository into which an entity must provide information required for the conduct of business as a recipient. Registration with SAM is required for submission of applications via Grants.gov. You can access the website 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 Program definitions for this NOFO are provided in Appendix E.

B. Authority.

The Lead-Based-Paint Hazard Reduction (LHR) Grant Program is authorized by Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992, 42 U.S.C. 4852) and funding is provided by The Consolidated Appropriations Act, 2021,approved December 27, 2020 (Public Law 116-260) and the Further Consolidated Appropriations Act, 2020, approved December 20, 2019 (Public Law 116-94).

https://www.ecfr.gov/cgi-bin/text-idx?SID=0ff5f0839abff4eec707b4478ed733c6&mc=true&node=pt13.1.121&rgn=div5&se13.1.121_1101 https://www.sam.gov/SAM/

The Healthy Homes Supplemental funding is intended to enhance the lead-based paint hazard control activities by comprehensively identifying and addressing other housing hazards that affect occupant health. The Healthy Homes Supplemental funding is authorized under Section 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-2) and funding is provided by The Consolidated Appropriations Act, 2021, approved December 27, 2020 (Public Law 116-260), and the Further Consolidated Appropriations Act, 2020, approved December 20, 2019 (Public Law 116-94).

II. Award Information.

A. Available Funds Funding of approximately $ 325,160,288 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.

Approximately $32,813,540 of the amount above is available for the Healthy Homes Supplemental funding and is available only to applicants who are awarded a LHR grant and only for work in homes for which lead hazard control work is being done under the grant.

B. Number of Awards.

HUD expects to make approximately 50 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.

Funding will be set aside for applicants that have never received an award under the Lead Hazard Reduction grant program. If there are an insufficient number of eligible applicants to use this set-aside, the funding will be made available to other eligible grant applicants. If there are more eligible applicants for this set-aside than can be funded using the set aside, the highest rated applicants will be awarded a grant under this set aside, and the remaining eligible applicants will be evaluated along with the remaining group of eligible applicants.

C. Minimum/Maximum Award Information For the purposes of application under this NOFO; you should consider the minimum and maximum funding amounts below as you develop your program approach and budget for consideration.

The following is a breakdown of estimated total funding available for Lead-Based Paint Hazard Reduction

Highest Lead-Based Paint Abatement Needs: approximately $43,080,470.00 Other Jurisdictions: approximately $185,266,278.00 Other LEAD Funding $64,000,000.00 Healthy Homes Supplemental funding: approximately $32, 813, 540.00 Total $317,632,548.00

1. The minimum award for any applicant to request under this NOFO is $1,000,000. The maximum award amounts for the Lead-Based Paint Hazard Reduction grant program will be divided into the following categories:

2. Areas with the Highest Lead-Based Paint Abatement needs with at least 3,500 pre-1940 occupied rental housing units = minimum award of $1,000,000; maximum award of $5,000,000.

3. Other Jurisdictions = minimum award of $1,000,000; maximum award of $4,000,000.

4. Jurisdictions that have never received an LBPHC or LHRD grant or whose grant period of performance ended two (2) or more years ago = minimum award of $1,000,000;

maximum award of $3,000,000.

Healthy Homes Funding The maximum award amount for the Healthy Homes Supplemental funding will be divided into the following categories:

1. Highest Lead-Based Paint Abatement Needs jurisdictions, and other jurisdictions (but see below) = $700,000

2. Jurisdictions that have never received an LBPHC or LHRD grant or whose grant period of performance ended two (2) or more years before the due date for applications for this NOFO = $400,000 Please Note: As described in section III.C.3.a, below, in the event you request an amount over the maximum award, on line 18a of the SF-424, the application will not pass threshold and will not be reviewed.

Estimated Total Funding:

$ 325,160,288 Minimum Award Amount:

$ 1,000,000 Per Project Period

Maximum Award Amount:

$ 5,000,000 Per Project Period

D. Period of Performance Estimated Project Start Date:

11/03/2021 Estimated Project End Date:

05/05/2025 Length of Project Periods:

42-month project period and budget period

Length of Periods Explanation of Other:

N/A

E. Type of Funding Instrument.

Funding Instrument Type:

G (Grant) F. Supplementation HUD is providing grantees with an option to request Healthy Homes Supplemental funding. The Healthy Homes Supplemental funding request is an additional amount distinct from the requested federal lead hazard control grant award amount for this program and must be treated as such. A separate SF 424 must be filled out and attached to the grant application package in the grants.gov system to receive these funds in addition to the required narrative and budget documents as detailed in the rating factors below.

The Healthy Homes Supplemental request must also be clearly indicated in your abstract. It is your responsibility to include the additional SF 424 requesting the Healthy Homes Supplement amount as a separate additional award and to clearly define in the abstract and the narrative submitted the exact dollar amount requested for both the Lead Based Paint Hazard Reduction Grant award and any total amount of Healthy Homes Supplement requested to ensure that the breakdown of the total request is accurately reflected on any such awarded application. Please Note: As described in section III.C.3.a, below, in the event you request an amount over the maximum award, on line 18a of the SF 424, the application will not pass threshold and will not be reviewed.

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 Only cities, counties/parishes, and other units of local government, and certain States and Native American Tribes (those that have an EPA-authorized lead abatement certification program on the submission deadline) are eligible applicants. Multiple entities may apply as a consortium, including nonprofit co-applicants, provided an eligible entity is the principal (lead) applicant responsible for ensuring compliance with NOFO requirements, and each entity must meet the Resolution of Civil Rights Matters threshold requirement.

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.

An applicant with at least 3,500 pre-1940 occupied rental housing units (either alone or through a consortium) may apply under the Highest Lead-Based Paint Abatement Needs grants category for up to $5,000,000.

An applicant that would be a first-time grantee or whose previous lead hazard control grant ended two (2) or more years before the deadline may request up to $3,000,000. An applicant whose previous grant ended less than two (2) years ago may request up to $4,000,000 (Other Jurisdictions). An applicant requesting funding under the Highest Lead-Based Paint Abatement Needs category that does not meet the applicable criteria will be put into the general applicant’s pool and the requested amount lowered to the maximum for the category under which they are assigned, i.e., $3,000,000 or $4,000,000, as above, if the requested funding exceeded the applicable maximum.

B. Ineligible Applicants.

The following are not eligible entities for this competition and applications will not be reviewed:

1. Individuals.

2. 2020 and 2021 Lead Hazard Reduction grant awardees.

3. Foreign entities.

4. Sole proprietorship organizations.

C. Cost Sharing or Matching.

This Program requires cost sharing or matching as described below.

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, minimum percentage of Federal funds for lead hazard control activities, and maximum administrative cost (as a percentage of federal funds). The minimum match requirement applies to the federal lead hazard control requested amount for applicants for each of the lead hazard reduction funding categories and excludes the requested Healthy Homes (HH) Supplemental funding amount.

Match and Cost Requirements Table.

Program Minimum Match (of federal request)

Minimum Lead Hazard Control Costs

Maximum Administrative Costs

Lead Based Paint Hazard Reduction

10 percent

(excluding HH Supplemental funds)

65 percent

(excluding HH Supplemental funds)

10 percent

(excluding HH supplemental funds)

Matching Funds Evaluation.

Applicants must include the Matching Contribution Table below and should match the commitment on the form HUD-424 CBW and the SF-424 application documents submitted under this opportunity. The SF-424 and the match table will constitute the applicants’ commitment to fund the match requirement. The applicant is responsible for all match commitments, including those from donors, discounts and property owners, should those contributions not materialize. The table should indicate the source, proposed 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, although the funds may be used in work on the units being treated under this grant.

Evidence of match commitment. You must provide documentation of all match 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. 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 Property Owners. Homeowners or landlords (owners) may contribute match dollars. You must provide detailed documentation of the cost to be paid by the homeowner or landlord. Only owner contributions for eligible activities will count as match. Owner contributions must be supported and verified by a third party: for example, materials or labor that the owner paid for or provided must be substantiated via receipts/records. You must document and verify all owner-provided labor through a third party, and this labor must be valued at market rates.

The value of in-kind donated items, such as paint and other materials or equipment that are used for lead-based paint hazard control, must be established at market rates.

For services or products provided at a discounted rate and used 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 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 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.

a. Request Funding Amount. You must clearly document the requested federal funding amount on line 18a of the SF-424 (Application for Federal Assistance), and the Form HUD_424_CBW (HUD Detailed Budget Worksheet including Total Budget).

b. Applications Not in Scope with Program Purpose. Applications submitted to conduct activities other than lead-hazard control evaluation and remediation and, if Healthy Homes Supplement funding is also being requested, evaluation and control of housing-related health and safety hazards, will not be reviewed.

c. 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.

d. 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 section, above, it will not be reviewed.

e. 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.

f. Jurisdiction Identification. If the applicant does not clearly identify in the application the jurisdiction in which it intends to utilize these program resources, the application will not be reviewed. State applicants may list more than one city, town or borough, or other comparable local jurisdiction terminology (e.g., parish if appropriate), as the focus of their jurisdiction.

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. 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 sections 2) below are not considered administrative costs and, therefore, do not count as part of the 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. 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 below as you develop your program approach and budget for consideration See Section II.C, above.

http://grants.gov/ https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps https://www.hud.gov/sites/documents/2015-01_COST_CATEGORIES.PDF

Healthy Homes Supplemental funding is exclusively for direct costs associated with the identification and remediation of the housing related health and safety hazards identified in each individual eligible unit. A complete Healthy Homes Assessment of each individual unit results in a report and scope of work. The Assessment prioritizes hazards found and corresponds with priorities based on the community needs identified while reflective of a maximum amount per unit. Those costs allowable with the Healthy Homes Supplemental funding include costs for completing an assessment to identify housing hazards that affect health, development of scopes of work of the identified hazards, and conducting remediation of identified and documented health and safety hazards that are individualized for each of the housing units selected to receive this funding where lead hazard control activities are being completed. Eligible costs also include reevaluation of the completed work, reporting, and notification to occupants and owners, if different, of the nature and results of the remediation. There are additional limitations for the use of this funding; See Policy Guidance PG 2018-01, Revision of the Purpose and Use of Healthy Homes Supplemental Funding, at https://www.hud .gov/program offices/healthy homes/lbp/pg for additional information.

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 items (e.g., salaries, fringe, supplies, on the 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%) 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. (See OLHCHH Policy Guidance 2012-01 (www.hud.gov/sites/documents/PGI_2012-01.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 Code of Conduct. Indirect (F&A) costs may only be charged to an OLHCHH grant program under a cost allocation plan or an indirect cost rate agreement or in accordance with the requirements of 2 CFR 200.414(f), on the de minimis rate.

https://www.hud.gov/program_offices/healthy_homes/lbp/pg https://www.hud.gov/program_offices/healthy_homes/lbp/pg http://www.hud.gov/sites/documents/PGI_2012-01.PDF https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/conductgrants

Lead Hazard Control Direct Costs. Lead Hazard Control direct costs are defined specifically as the performance of lead-based paint identification and remediation activities. Awardees must expend at least sixty-five percent (65%) of grant funds on direct lead-based paint hazard control remediation and related activities in the home and this must be documented when preparing the program budget. (See OLHCHH Policy Guidance 2012-01 (www.hud.gov/sites/documents/PGI_2012-01.PDF); see Attachment 2.)

Other Allowable Costs. Costs for the activities below are allowable costs but should not be counted as direct costs toward the minimum sixty-five (65%) requirement:

Targeted Outreach, Education, and Training. Conducting targeted outreach, affirmative marketing, education or outreach programs on lead hazard control and lead poisoning prevention that will result in increased lead hazard control activities or that are designed to increase the ability of the program to deliver lead hazard control services, including educating owners of rental properties, tenants, and others 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), the EPA Renovation, Repair and Painting (RRP) Rule (40 CFR 745, especially subpart E), and 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 accordance with Title VI of the Civil Rights Act of 1964 and the 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.

Upon request, this also would include making all materials available in alternative formats to persons with disabilities (e.g., Braille, audio, and large type) pursuant to 24 CFR 8.6(b) and Titles II and III of the Americans with Disabilities Act, as applicable.

The registry of lead-safe units that must be developed and provided to families as part of the outreach program.

Purchasing or leasing items having a per-unit cost under $5,000.

Supporting data collection, analysis, and evaluation of grant program activities. This includes compiling and delivering such data as may be required by HUD.

Evaluating the effectiveness of hazard remediation conducted under this grant to assess how healthy homes interventions affect the health of the population being served relative to the population at large.

Securing liability insurance for housing-related environmental health and safety hazard evaluation and control activities. This is considered either an indirect cost or an administrative cost, depending on the relationship of the insurance applicable for this grant to the applicant’s overall insurance policy portfolio

Occupant Blood Testing. Conducting pre-hazard control blood lead testing of persons residing in or frequently visiting units enrolled for or undergoing lead hazard control work.

http://www.hud.gov/sites/documents/PGI_2012-01.PDF

Research and Studies. Participating in technical studies, or developing information systems to enhance the delivery, analysis, or conduct of lead hazard control activities; or to facilitate targeting and consolidating resources to further childhood lead poisoning prevention efforts. For this program, we do not expect research that could affect human subjects to be conducted.

This program requires a certification of Consistency with the Consolidated Plan under 24 CFR

91.2. This certification means the proposed activities in the application are consistent with the jurisdiction's strategic plan, and the location of the proposed activities is consistent with the geographic areas specified in the Consolidated Plan.

Program Requirements and Prohibitions

a. Blood Lead Testing. The applicant should request testing of each child under the age of six years who resides in a housing unit under contract to receive lead hazard control work, or document that a child has been tested for blood lead levels within the six months preceding the lead hazard control work, unless it is documented that the child’s parent or legal guardian chooses not to have the child tested. You must refer any child with an elevated blood lead level for appropriate medical follow-up with his or her health care provider or local health department. See also, the CDC Response to Advisory Committee on Childhood Lead Poisoning Prevention Recommendations in Low Level Lead Exposure Harms Children: A Renewed Call of Primary Prevention (2012) and the Advisory Committee’s recommendations report.

b. 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 their organization are aware of your Code of Conduct, prior to entering into a grant agreement with HUD.

c. Public Private Partnerships. You must work to further collaboration and coordination with public private partnerships to assist in meeting your program goals. HUD encourages collaboration and coordination with other agencies and partners to identify and eliminate lead-based paint and housing-related health and safety hazards. You are encouraged to enter into formal arrangements with partners, such as childhood lead poisoning prevention programs, health agencies, community development agencies, public housing agencies (noting, however, that lead hazard control funds may not be used for evaluating or controlling lead-based paint hazards in public housing but may be used in housing choice voucher units), weatherization assistance agencies, fair housing organizations, code enforcement agencies, state Medicaid agencies, community-based non-profit organizations, and faith-based or other community-based organizations. These formal arrangements may be in the form of a contract, a Memorandum of Understanding (MOU), a Memorandum of Agreement (MOA), or other comparable documentation of agreement. Such relationships must be established prior to the execution of an award or be contingent upon award, becoming effective within 60 days after award. In particular, your workplan to be developed after award must include implementing a mechanism for providing rapid response (i.e., several business days) to requests from a public housing agency participating in the HUD housing choice voucher target housing units assessment pilot at the time of initial assistance for a particular unit.