Notice2021-26757
Multi-Family Housing Non-Profit Transfer Technical Assistance Grants
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 10, 2021
Issuing agencies
Agriculture DepartmentRural Housing Service
Abstract
The Rural Housing Service (RHS), a Rural Development agency (Agency) of the United States Department of Agriculture (USDA), announces the availability of $3 million and the timeframe to submit applications for Multi-Family Housing Non-Profit Transfer Technical Assistance (MFHNPTA) Grants program from qualified nonprofits (NP) and public housing authorities (PHA) to provide technical assistance to RHS Multi-Family Housing (MFH) borrowers and applicants to facilitate the acquisition of Section 515 properties by NPs and PHAs.
Full Text
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<title>Federal Register, Volume 86 Issue 235 (Friday, December 10, 2021)</title>
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[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Pages 70433-70438]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26757]
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
[Docket No. RHS-21-MFH-0013]
Multi-Family Housing Non-Profit Transfer Technical Assistance
Grants
AGENCY: Rural Housing Service, USDA.
ACTION: Notice of Funding Availability (NOFA).
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SUMMARY: The Rural Housing Service (RHS), a Rural Development agency
(Agency) of the United States Department of Agriculture (USDA),
announces the availability of $3 million and the timeframe to submit
applications for Multi-Family Housing Non-Profit Transfer Technical
Assistance (MFHNPTA) Grants program from qualified nonprofits (NP) and
public housing authorities (PHA) to provide technical assistance to RHS
Multi-Family Housing (MFH) borrowers and applicants to facilitate the
acquisition of Section 515 properties by NPs and PHAs.
DATES: The closing deadline for receipt of all applications in response
to this NOFA is 11:59 p.m., Eastern Daylight Time on February 8, 2022.
See the SUPPLEMENTARY INFORMATION section for additional information.
ADDRESSES: Applications in response to this NOFA must be submitted
electronically to the CloudVault. Specific instructions on how to
submit applications electronically are provided below within this
Notice under the SUPPLEMENTARY INFORMATION section and can also be
viewed at: <a href="https://www.grants.gov">https://www.grants.gov</a>.
FOR FURTHER INFORMATION CONTACT: Stephanie Vergin, Preservation and
Production Division, Multi-Family Housing, at (651) 602-7820 (this is
not a toll-free number) or via email: <a href="/cdn-cgi/l/email-protection#36454253465e57585f5318405344515f58764345525718515940"><span class="__cf_email__" data-cfemail="6a191e0f1a020b04030f441c0f180d03042a1f190e0b440d051c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Authority
This NOFA is authorized pursuant to Section 749 of the Consolidated
Appropriations Act, 2018 (Pub. L. 115-141), Section 746 of the
Consolidated Appropriations Act, 2019 (Pub. L. 116-6), and Section 764
of the Further Consolidated Appropriations Act, 2020 (Pub. L. 116-94).
Overview Information
Federal Agency Name: Rural Housing Service.
Funding Opportunity Title: Notice of Funding Availability for the
Multi-Family Housing Non-Profit Transfer Technical Assistance (MFHNPTA)
Grants for Fiscal Year (FY) 2022.
Announcement Type: Initial Announcement.
Assistance Listing Number (ALN) 10.494. (formerly Catalog of
Federal Domestic Assistance (CFDA).
Dates: The deadline for receipt of all applications in response to
this NOFA is 11:59 p.m., Eastern Daylight Time, on February 8, 2022.
Submissions: Applications must be submitted electronically to
CloudVault. Applications must be received by the closing deadline.
The process for submitting an electronic application to the Agency
via CloudVault is as follows:
At least three business days prior to the application deadline for
the applicable funding round, the applicant must email the Agency a
request to create a shared folder in CloudVault. The email must be sent
to the following address: <a href="/cdn-cgi/l/email-protection#513f2125307f23372111242235307f363e27"><span class="__cf_email__" data-cfemail="137d6367723d61756353666077723d747c65">[email protected]</span></a>. The email must contain the
following information:
<bullet> Subject line: Non-Profit Technical Assistance NOFA
Submission.
<bullet> Body of email: Applicant Name and Applicant Contact
Information.
<bullet> Request language: ``Please create a shared CloudVault
folder so that we may submit our application documents.''
Once the email request to create a shared CloudVault folder has
been received, a shared folder will be created within two business
days. When the shared CloudVault folder is created by the Agency, the
system will automatically send an email to the applicant's submission
email with a link to the shared folder. All required application
documents in accordance with this NOFA must be loaded into the shared
CloudVault folder. When the submission deadline is reached, the
applicant's access to the shared CloudVault folder will be removed. Any
document uploaded to the shared CloudVault folder after the application
deadline will not be reviewed or considered.
The applicant should upload a Table of Contents of all the
documents that have been uploaded to the shared CloudVault folder.
Last-minute requests and submissions may not allow adequate time for
the submission process to take place prior to the deadline. Applicants
are reminded that all submissions must be submitted electronically via
CloudVault and received by the deadline.
Documents received after the deadline will not be evaluated. Upon
request, the Agency will provide the responding entities with a written
acknowledgement of receipt.
A. Funding Opportunity Description
The technical assistance (TA) grants offered under this NOFA are
for the purpose of facilitating the transfer and preservation of
existing Rural Rental Housing properties under Section 515 of the
Housing Act of 1949, as amended (42 U.S.C. 1485). Agency regulations
for the Section 515 program are published at 7 CFR part 3560.
Applications must demonstrate the responding entity's experience
and expertise in the acquisition and rehabilitation of affordable MFH
properties and their capacity to provide advisory services in
affordable housing. Responding entities may submit applications to
serve a single-state or multi-state area.
B. Award Information
The Agency will evaluate and score the grant applications according
to the criteria set forth in this NOFA. The maximum award per funded
application will be $350,000.
The Agency was granted authority for this pilot program under
Section 749 of the Consolidated Appropriations Act, 2018 (Pub. L. 115-
141); Section 746 of the Consolidated Appropriations Act, 2019 (Pub. L.
116-6); and Section 764 of the Further Consolidated Appropriations Act,
2020 (Pub. L. 116-94). In addition, the Agency is authorized to utilize
the appropriations from each fiscal year for a total appropriation of
$3 million to provide grants to qualified NPs and PHAs who will then
provide technical assistance, including financial and legal services,
to MFH borrowers to facilitate the acquisition of Section 515MFH
properties by NPs and PHAs. These grants will be provided in areas
where the USDA Secretary determines there is a risk of loss of
affordable housing to keep such properties in the MFH program. Risk of
loss of affordable housing may be driven by market conditions or may be
due to property-specific factors, including mortgages
[[Page 70434]]
reaching maturity, owner ability to prepay existing Agency loans, poor
physical condition of the property, or failing ownership. Funds that
are not obligated to initial awardees by May 1, 2022, may be awarded to
other NP and/or PHA applicants waiting for the TA grants based on
scoring set forth in this NOFA.
When selecting a grantee, the Agency may request changes to the
Scope of Work (SOW). See Section D of this NOFA. Grantees must execute
a Grant Agreement that will incorporate a SOW agreed to by the Agency.
If the selected grantee does not accept the terms of the Agency and/or
does not deliver an executed Grant Agreement within ten business days
after receiving the Grant Agreement with the agreed upon SOW, the
Agency may choose to rescind the award and select another grantee
without further notice.
The grant term is 24 months with an extension allowed up to an
additional 12 months at the Agency's discretion.
Grant funds are available for obligation through July 1, 2022. The
grant term will be defined in the Grant Agreement and will become
effective once signed by the grantee and the Agency.
C. Eligibility Information
Eligibility for grants under this NOFA is limited to NPs and PHAs
meeting the requirements specified in this Notice. NPs must meet the
definition of nonprofit organization in 7 CFR part 3560. Qualified NPs
and PHAs include tribally designated housing entities (TDHE) and tribal
housing NPs.
1. Expertise and Capacity.
Eligible grantees must have the knowledge, ability, technical
expertise, practical experience, and capacity necessary to develop and
package Section 515 property transfer transactions. They must also
demonstrate the ability to provide technical assistance to NPs and/or
PHAs to facilitate their acquisition of Section 515 properties. In
addition, all eligible grantees must demonstrate the ability to
exercise leadership, organize work, and prioritize assignments to meet
work demands in a cost-efficient and timely manner within the 24-month
grant term. Eligible grantees will include a proposed SOW (see Section
D of this NOFA) which will be evaluated as part of the application.
2. Organization Status.
Responding entities must document each of the following in their
response:
a. Status (i.e., Articles of Incorporation) as a NP and/or PHA.
b. Good standing within the state in which the entity is organized.
c. Legal authority to provide services stated in the application
under the applicable laws for the state(s) in which operation is
proposed. Examples of acceptable documentation include but are not
limited to bylaws, organizational charters, and statutes or
regulations.
d. No current or unresolved default or violation of any other
federal, state, or local grant or loan agreement(s).
e. Experience in providing technical assistance for Section 515 MFH
affordable housing (describe in the SOW).
The requirements above will also apply to any entity performing
services on behalf of the respondent.
D. Scope of Work
Responding entities must submit a detailed SOW that includes the
following requirements:
a. Introduction/overview with a description of the proposed plan to
provide technical assistance to NPs and PHAs in the acquisition of
Section 515 properties within the prescribed 24-month grant term.
b. The organization's capabilities to execute the proposed plan
within the prescribed 24-month grant term, focusing on the elements
described in Section C. 1. of this NOFA.
c. The organization's plan to identify potential sellers of Section
515 properties.
d. The organization's plan to identify and provide services to NPs
and PHAs interested in acquiring these properties.
e. Types of proposed technical assistance and legal and/or
financial services that will enable NPs and/or PHAs to submit
successful transfer applications to the Agency within the prescribed
24-month grant term. Clearly explain the services to be provided
directly by your organization and all services that will be provided by
third-parties. See Section F.5.b. of this NOFA for additional
information.
f. The organization's experience in identifying and successfully
assisting entities in the acquisition, repair, and rehabilitation of
Section 515 MFH properties.
g. Grant funds usage projection that corresponds with a 24-month
timeline for service delivery and illustrates direct and indirect
administrative costs in dollars, and as a percentage of the technical
assistance services provided. See Section E of this NOFA for more
information regarding eligible costs.
h. Any other strength and/or capability not included above that you
believe qualifies the organization to deliver services under this
grant.
E. Eligible Purposes
Entities responding to this NOFA are required to provide technical
assistance to NPs and/or PHAs acquiring Section 515 projects to
increase the TA recipients capacity (knowledge, skills, and ability)
in, but not limited to, the following areas: Locating potential Section
515 properties for transfer; completing the transfer analysis,
negotiation, application, underwriting, and closing processes; and
identifying and securing funding from the Agency and/or other sources
for the purpose of acquisition, repair and/or rehabilitation. Costs
will be limited to those allowed under 2 CFR part 200.
Eligible purposes/costs may include soft costs such as financial
analysis, transaction structuring analysis and completion of other
transaction details such as Capital Needs Assessments, appraisals, and
market surveys or other consultation, advisory and non-construction
services required as part of the application process. Ineligible
purposes/costs include building materials, labor costs or expenditures
otherwise typically included as any hard costs for actual construction
or repairs, prepayment, interest, or principal payments.
Grant funds cannot be used by the grantee for activities that are
not directly related to specific transactions (such as outreach,
conferences, provider personnel education/training, etc.).
Grant funds cannot be used by the grantee for activities or
transactions in which they have any direct or indirect ownership
interest (regardless of whether it is an interest as a current or
prospective owner).
F. Application and Submission Information
All materials must be submitted via CloudVault.
1. Summary.
The application must include a summary page listing the following
items:
a. Responding entity's name,
b. Responding entity's Taxpayer Identification Number,
c. Responding entity's address,
d. Responding entity's telephone number,
e. Responding entity's contact person's name, telephone number, and
address,
f. Amount of grant requested,
g. The state or states for which the application is submitted, and
h. Responding entity's Dun and Bradstreet Data Universal Numbering
System (DUNS) number, registration in the System for Award Management
[[Page 70435]]
(SAM) prior to submitting an application pursuant to 2 CFR 25.200(b),
and other supporting information to substantiate their legal authority
and good standing. Organizations can receive a DUNS number at no cost
by calling the dedicated toll-free DUNS Number request line at (866)
705-5711 or via the internet at <a href="https://www.dnb.com/">https://www.dnb.com/</a>. Additional
information concerning this requirement can be obtained at <a href="https://www.grants.gov">https://www.grants.gov</a>. All applicants must be registered in SAM prior to
submitting an application, unless determined exempt under 2 CFR 25.110
by the Agency. A Federal award recipient must maintain an active SAM
registration with current information at all times during which it has
an active Federal award or an application under consideration by the
Agency. The applicant must ensure that the information in the database
is current, accurate, and complete. Applicants must ensure they
complete the Financial Assistance General Certifications and
Representations in SAM. Similarly, all recipients of Federal financial
assistance are required to report information about first-tier sub-
awards and executive compensation in accordance with 2 CFR part 170, so
long as an entity respondent does not have an exception under 2 CFR
170.110(b), the grantee must have the necessary processes and systems
in place to comply with the reporting requirements should the
responding entity receive funding. See 2 CFR 170.200(b).
2. Form SF 424, ``Application for Federal Assistance.''
3. Felonies and Federal Tax Delinquencies.
Awards made under this NOFA are subject to the provisions contained
in the Consolidated Appropriations Act, 2021 (Pub. L. 116-260) Division
E, Sections 745 and 746 regarding felony convictions and corporate
Federal tax delinquencies. To comply with these provisions, applicants
that are, or propose to be, corporations will submit form AD-3030,
``Representations Regarding Felony Conviction and Tax Delinquent Status
for Corporate Applicants,'' as part of their application. Form AD-3030
can be found at: <a href="https://www.ocio.usda.gov/document/ad3030">https://www.ocio.usda.gov/document/ad3030</a>.
4. Organizational and Financial Status.
The responding entity must include organizational status documents
reflecting the criteria in Section C 2. of this NOFA, as well as
financial statements, to show evidence of the responding entity's
status as a properly organized private or public NP, or PHA, and its
financial ability to carry out the objectives of the grant program. If
other entities will be working on behalf of the grantee, current
working agreements between the respondent and those entities must be
submitted as part of the application and any associated cost must be
included in the responding entity's budget.
The responding entity must also disclose all MFH Section 515
projects in which the respondent and or its third-party affiliates have
a direct or indirect ownership interest.
5. Organizational Expertise and Experience.
The responding entity must provide a capabilities statement
describing the respondent's qualifications under Section C. 1 to
provide technical assistance on Section 515 transfers and loan
applications.
a. Narrative.
The responding entity must include a narrative describing its
knowledge, demonstrated ability, and practical experience in completing
transfers of Section 515 properties and/or providing training and
technical assistance to NPs and PHAs for the transfer and
rehabilitation of Section 515 properties. If the responding entity
intends to have other entities working on its behalf, the narrative
must identify those entities and address their ability to meet the
stated eligibility requirements and experience in delivering approved
technical assistance services. Applicants must identify Section 515
transfer transactions completed by the applicant and/or organizations
to whom the responding entity and/or other entity working on its behalf
has provided technical assistance on applications for the transfer of
Section 515 projects in the last five years. For the projects and
applications above, the applicant must provide the Section 515 property
name and location (city and state), technical assistance recipient
organizational name and location (city and state), source of technical
assistance funding, and outcome of the transaction (i.e., no ownership
change, transaction in process, transfer completed).
The responding entity must specify the states and/or service areas
in which they will offer technical assistance services and the states
and/or service areas in which any proposed third-party contractors/
subrecipients will offer technical assistance services. Respondents
must specify why each targeted service area and/or property is at risk
of loss of affordable housing.
b. Key Personnel and Staffing Plan.
Applications must include the resumes of the key staff personnel
that will perform the following functions: (1) Delivery of technical
assistance and (2) administration of the grant. (CNAs, appraisals, and
market surveys are not considered to be key personnel services).
Describe each individual's ability to perform the proposed activities
and/or past experience in successfully managing service delivery of TA
grants. Include a staffing chart complete with name, job title, salary,
hours, timelines, and descriptions of employee duties to achieve the
objectives of the grant program.
c. Consulting Services.
The Agency's goal is to increase the capacity of NP and PHA staff
to directly deliver technical assistance services to recipients. To
support this goal, the Agency is limiting the use of contractors for
the delivery of technical assistance services to a maximum of 10% of
the grantee's key personnel services budget. If the respondent intends
to contract key personnel services from outside its organization (not
to exceed the 10% limit), a plan must be outlined to address how the
outside entities working on the applicant's behalf will deliver key
personnel services in each targeted geographic area specified.
Moreover, a resume, hourly contract rate, and description of the
contractor duties aimed at achieving the grant objectives must be
provided for each proposed third-party contractor/subrecipient.
6. Scope of Work.
Applications must include a detailed SOW covering a 24-month period
(see Section D of this NOFA).
7. Scoring Criteria Worksheet.
Applications must include a separate one-page information sheet
listing each of the ``Scoring Criteria'' contained in Section G of this
NOFA, followed by the page numbers of all relevant material and
documentation contained in the application to support these criteria.
G. Scoring Criteria
Only those respondents deemed qualified under Sections C and F of
this NOFA will be scored under this section. The review process
designed for this NOFA will evaluate the degree to which the
application sets forth measurable realistic objectives that are
consistent with this NOFA and can be completed within a 24-month grant
term consistent with the application and processing guidance
established by Agency transfer regulations.
Selection points will be awarded as follows:
1. Applicant Experience (RHS Section 515).
a. Applicant has successful, verifiable experience completing
Section 515 transfers during the past five years. To receive points,
transfers must be completed or there must be a submitted
[[Page 70436]]
transfer application currently pending approval and/or closing with the
Agency:
<bullet> 1-2 Section 515 project transfers: 10 points
<bullet> 3-5 Section 515 project transfers: 20 points
<bullet> 6-8 Section 515 project transfers: 30 points
<bullet> 9 or more Section 515 project transfers: 40 points
b. Applicant has successful, verifiable experience providing
technical assistance that has increased the capacity of NPs and/or PHAs
to complete Section 515 transfers. The number of NP and/or PHA clients
to whom the respondent has provided Section 515 technical assistance
during the past five years:
<bullet> 1-4 Section 515 technical assistance clients: 10 points
<bullet> 5-8 Section 515 technical assistance clients: 20 points
<bullet> 9 or more Section 515 technical assistance clients: 30 points
2. Applicant Experience (Other Affordable Multi-Family Housing
Programs).
a. Applicant has successful, verifiable experience completing
affordable MFH project transfers during the past five years. To receive
points, projects must have been completed or have at a minimum obtained
funding approval:
<bullet> 1-2 affordable housing project transfers: 5 points
<bullet> 3-5 affordable housing project transfers: 10 points
<bullet> 6-8 affordable housing project transfers: 15 points
<bullet> 9 or more affordable housing project transfers: 20 points
b. Applicant has successful, verifiable experience providing
technical assistance that has increased the capacity of NPs and/or PHAs
to complete affordable MFH project transfers. The number of NP and/or
PHA clients to whom the respondent has provided affordable MFH project
technical assistance during the past five years:
<bullet> 1-4 affordable housing project clients: 5 points
<bullet> 5-8 affordable housing project clients: 10 points
<bullet> 9 or more affordable housing project clients: 15 points
3. Proposed Outcomes.
a. Applicant uses technical assistance resources to maximize the
number of Section 515 projects assisted with grant funding. Scoring is
based on the project plan in Section D: Scope of Work. Number of
projects assisted under the grant:
<bullet> 1-5 projects: 5 points
<bullet> 6-10 projects: 10 points
<bullet> 11 or more projects: 15 points
b. Applicant uses technical assistance resources to increase the
capacity of NPs and PHAs to complete transfers of Section 515
properties. Scoring is based on the project plan in Section D: Scope of
Work. Number of NPs or PHAs served under the grant:
<bullet> 1-3 NPs/PHAs: 5 points
<bullet> 4-6 NPs/PHAs: 10 points
<bullet> 7 or more NPs/PHAs: 15 points
4. Grant Administration
a. Applicant uses grant resources to maximize the funding available
for direct program delivery to TA recipients. Administrative costs as a
percentage of grant funds used:
<bullet> 10% to 19%: 5 points
<bullet> Less than 10%: 10 points
b. Applicant has successful, verifiable experience managing service
delivery or technical assistance through the grant lifecycle (including
submitting timely requests for funding, meeting reporting requirements,
and closing out awards) during the past five years:
<bullet> 1-4 grants: 5 points
<bullet> 5 or more grants: 10 points
Applicants must score a minimum of 35 total points in Sections G. 1 and
2 and 55 total points in Sections G. 1, 2, 3 and 4 to be eligible for
funding.
5. Multi-Family Housing Program Delivery Goals. Applicants that
meet the minimum scoring requirements may be eligible for up to 15
points to support MFH program delivery goals.
a. Geographic coverage (up to 10 points): The applicant proposes to
serve a geographic area that is underserved by other technical
assistance providers areas or proposes to serve areas with a
significant number of properties in need of preservation.
b. TA service delivery models (up to 5 points): The applicant
proposes a TA service delivery model that is different from other
proposed models. The agency seeks to test a range of TA delivery models
to assess the methods of TA delivery that are most effective to
facilitate preservation.
6. Administrator Discretionary Points: Applicants that meet the
minimum scoring requirements may be considered for up to 15
discretionary scoring points (5 points for each category) as determined
by the Administrator, which advance any or all of the Agency's three
key funding priorities, provided that all other requirements set forth
in this notice are otherwise met. The three key priorities are:
(i) COVID-19 Impacts (up to 5 points): Priority points may be
awarded if the project is located in or serving one of the top 10% of
counties or county equivalents based upon county risk score in the
United States. Information on whether your project qualifies for
priority points can be found at the following website: <a href="https://www.rd.usda.gov/priority-points">https://www.rd.usda.gov/priority-points</a>.
(ii) Equity (up to 5 points): Priority points may be awarded if the
project is located in or serving a community with score 0.75 or above
on the CDC Social Vulnerability Index. Information on whether your
project qualifies for priority points can be found at the following
website: <a href="https://www.rd.usda.gov/priority-points">https://www.rd.usda.gov/priority-points</a>.
(iii) Climate Impacts (up to 5 points): Priority points may be
awarded if the project is located in or serving coal, oil and gas, and
power plant communities whose economic well-being ranks in the most
distressed tier of the Distressed Communities Index. Information on
whether your project qualifies for priority points can be found at the
following website: <a href="https://www.rd.usda.gov/priority-points">https://www.rd.usda.gov/priority-points</a>.
Final scores are determined by the Agency. Meeting the minimum
scoring requirements and/or receiving discretionary points from the
Administrator does not guarantee a funding award.
The Agency will notify all responding entities whether their
application has been accepted or rejected and provide appeal rights
under 7 CFR part 11, as appropriate.
H. Federal Award Administration Information
1. Federal Award Notices. The Agency will notify, in writing,
applicants whose applications have been selected for funding. At the
time of notification, the Agency will advise the applicant what further
information and documentation is required along with a timeline for
submitting the additional information. If the Agency determines it is
unable to select the application for funding, the applicant will be
informed in writing. Such notification will include the reasons the
applicant was not selected. The Agency will advise applicants, whose
applications did not meet eligibility and/or selection criteria, of
their review rights or appeal rights in accordance with 7 CFR part 11.
2. Administrative and National Policy Requirements. The Agency is
encouraging applications for projects that will support rural areas
with persistent poverty. This emphasis will support the Agency's
mission of improving the quality of life for Rural Americans and
commitment to directing resources to those who most need them.
[[Page 70437]]
(a) The following additional requirements apply to grantees
selected for this program:
(1) Complete Form RD 1942-46 ``Letter of Intent to Meet
Conditions.''
(2) Complete Form RD 1940-1, ``Request for Obligations of Funds.''
(3) Complete FMMI Vendor Code Request Form.
(4) Provide a copy of the organization's Negotiated Indirect Cost
Rate Agreement.
(5) Certify that all work completed for the award will benefit a
rural area.
(6) Certify that the applicant will comply with the Federal Funding
Accountability and Transparency Act of 2006 and report information
about subawards and executive compensation.
(7) Certify that the U.S. has not obtained an outstanding judgment
against the organization in a Federal Court (other than in the United
States Tax Court).
(8) Execute Form SF-424B, ``Assurance--Non-Construction Programs.''
(9) Execute Form SF-LLL, ``Disclosure Form to Report Lobbying,'' if
applicable or certify that the organization does not lobby.
(b) The applicant must provide evidence of compliance with other
federal statutes, including but not limited to the following:
(1) Debarment and suspension information is required in accordance
with 2 CFR part 417 (Nonprocurement Debarment and Suspension)
supplemented by 2 CFR part 180, if it applies. The section heading is
``What information must I provide before entering into a covered
transaction with a Federal agency?'' located at 2 CFR 180.335. It is
part of OMB's Guidance for Grants and Agreements concerning Government-
wide Debarment and Suspension.
(2) All of the organization's known workplaces by including the
actual address of buildings (or parts of buildings) or other sites
where work under the award takes place. Workplace identification is
required under the drug-free workplace requirements in Subpart B of 2
CFR part 421, which adopts the Governmentwide implementation (2 CFR
part 182) of the Drug-Free Workplace Act.
(3) 2 CFR parts 200 and 400 (Uniform Administrative Requirements,
Cost Principles and Audit Requirements for Federal Awards).
(4) 2 CFR part 182 (Governmentwide Requirements for Drug-Free
Workplace (Financial Assistance)) and 2 CFR part 421 (Requirements for
Drug Free Workplace (Financial Assistance)).
(5) Executive Order 13166, ``Improving Access to Services for
Persons with Limited English Proficiency.'' For information on limited
English proficiency and agency-specific guidance, go to <a href="http://www.lep.gov">http://www.lep.gov</a>.
(6) All applicants will be screened for eligibility to participate
in the grant program using Treasury's Do Not Pay Portal in compliance
with the Improper Payments Elimination and Recovery Improvement Act.
The following forms for acceptance of a federal award are now
collected through registration or annual recertification in <a href="http://SAM.gov">SAM.gov</a> in
the Financial Assistance General Certifications and Representations
section:
<bullet> Form AD-1047, ``Certification Regarding Debarment,
Suspension, and Other Responsibility Matters-Primary Covered
Transactions.''
<bullet> Form AD-1048, ``Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion. Lower Tier Covered
Transactions.''
<bullet> Form AD-1049, ``Certification Regarding Drug-Free
Workplace Requirements (Grants).''
<bullet> Form AD-3031, ``Assurance Regarding Felony Conviction or
Tax Delinquent Status for Corporate Applicants.''
3. Reporting. Post-award reporting requirements can be found in the
Grant Agreement. The grantee will provide an audit report or financial
statements in accordance with Uniform Audit Requirements for Federal
Awards at 2 CFR part 200, subpart F.
I. Other Information
Paperwork Reduction Act
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), OMB
must approve all ``collection of information'' as a requirement for
``answers to * * * identical reporting or recordkeeping requirements
imposed on ten or more persons * * *.'' (44 U.S.C. 3502(3)(A).) RHS has
concluded that the reporting requirements contained in this rule/
funding announcement will involve less than 10 persons and do not
require approval under the provisions of the Act.
Civil Rights Requirements
All grants made under this notice are subject to Title VI of the
Civil Rights Act of 1964 as required by the USDA (7 CFR part 15,
subpart A) and Section 504 of the Rehabilitation Act of 1973, Title
VIII of the Civil Rights Act of 1968, Title IX, Executive Order 13166
(Limited English Proficiency), Executive Order 11246, and the Equal
Credit Opportunity Act of 1974.
Federal Funding Accountability and Transparency Act
All applicants, in accordance with 2 CFR part 25, must have a DUNS
number, which can be obtained at no cost via a toll-free request line
at 1-866-705-5711 or online at <a href="http://fedgov.dnb.com/webform">http://fedgov.dnb.com/webform</a>.
Similarly, all grant applicants must be registered in the System for
Award Management (SAM) prior to submitting an application. Applicants
may register for the SAM at <a href="http://www.sam.gov/SAM">http://www.sam.gov/SAM</a>. All recipients of
Federal financial grant assistance are required to report information
about first-tier sub-awards and executive total compensation in
accordance with 2 CFR part 170.
Non-Discrimination Statement
In accordance with Federal civil rights laws and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
Mission Areas, agencies, staff offices, employees, and institutions
participating in or administering USDA programs are prohibited from
discriminating based on race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation,
disability, age, marital status, family/parental status, income derived
from a public assistance program, political beliefs, or reprisal or
retaliation for prior civil rights activity, in any program or activity
conducted or funded by USDA (not all bases apply to all programs).
Remedies and complaint filing deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service
at (800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at <a href="https://www.ocio.usda.gov/document/ad-3027">https://www.ocio.usda.gov/document/ad-3027</a>, from any USDA office, by calling (866) 632-9992, or by writing a
letter addressed to USDA. The letter must contain the complainant's
name, address, telephone number, and a written description of the
alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights (ASCR) about the nature
[[Page 70438]]
and date of an alleged civil rights violation. The completed AD-3027
form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or,
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: <a href="/cdn-cgi/l/email-protection#a6d6d4c9c1d4c7cb88cfc8d2c7cdc3e6d3d5c2c788c1c9d0"><span class="__cf_email__" data-cfemail="1d6d6f727a6f7c70337473697c76785d686e797c337a726b">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Joaquin Altoro,
Administrator, Rural Housing Service.
[FR Doc. 2021-26757 Filed 12-9-21; 8:45 am]
BILLING CODE 3410-XV-P
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</html>Indexed from Federal Register on December 10, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.