Notice2023-27691
Funding Opportunity: Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
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 18, 2023
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) is announcing the availability of funds for legal services grants under the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness (LSV-H) Grant Program. This Notice of Funding Opportunity (NOFO) contains information concerning the LSV-H Grant Program, the grant application processes, and the amount of funding available. Awards made for legal services grants will fund operations beginning on August 1, 2024, for a period of 14 months.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 241 (Monday, December 18, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Notices]
[Pages 87494-87499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27691]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Funding Opportunity: Legal Services for Homeless Veterans and
Veterans At-Risk for Homelessness Grant Program
AGENCY: Department of Veterans Affairs.
ACTION: Notice of funding opportunity.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is announcing the
availability of funds for legal services grants under the Legal
Services for Homeless Veterans and Veterans At-Risk for Homelessness
(LSV-H) Grant Program. This Notice of Funding Opportunity (NOFO)
contains information concerning the LSV-H Grant Program, the grant
application processes, and the amount of funding available. Awards made
for legal services grants will fund operations beginning on August 1,
2024, for a period of 14 months.
DATES: Applications for legal services grants under the LSV-H Grant
Program must be received by the Legal Services for Veterans (LSV)
Program Office by 4:00 p.m. Eastern Standard Time (EST) on February 23,
2024. In the interest of fairness to all eligible applicants, as
described in this NOFO, this deadline is firm as to date and hour, and
VA will treat any application that is received after the deadline as
ineligible for consideration. Applicants should take this practice into
account and make early submissions of their materials to avoid any risk
of loss of eligibility brought about by unanticipated delays, computer
service outages, or other submission-related problems.
ADDRESSES: For a copy of the application package: Copies of the
application can be downloaded from the LSV website at <a href="http://www.va.gov/homeless/lsv.asp">www.va.gov/homeless/lsv.asp</a>. Questions may be referred to the LSV Program Office
via email at <a href="/cdn-cgi/l/email-protection#266a757061544748525566504708414950"><span class="__cf_email__" data-cfemail="cb87989d8cb9aaa5bfb88bbdaae5aca4bd">[email protected]</span></a>. For detailed LSV-H Grant Program
information and requirements, see part 79 of title 38, Code of Federal
Regulations (38 CFR part 79).
Application Submission: Applicants must submit applications
electronically following instructions found at <a href="http://www.va.gov/homeless/lsv.asp">www.va.gov/homeless/lsv.asp</a>. Applications may not be mailed, hand carried, or sent by
facsimile. Applications must be received by the LSV Grant Program
Office by 4:00 p.m. EST on the application deadline date. Applications
must arrive as a complete package. Materials arriving separately will
not be included in the application package for consideration and may
result in the application being rejected.
In the event of certain errors, such as duplicate applications or
multiple applications per Employer Identification Number, per VA
Veterans Integrated Service Network catchment area, VA reserves the
right to select which application to consider based on the submission
dates and times or based on other factors.
[[Page 87495]]
Technical Assistance: Information regarding how to obtain technical
assistance with preparing a legal service grant application is
available on the LSV Program website at <a href="http://www.va.gov/homeless/lsv.asp">www.va.gov/homeless/lsv.asp</a>.
FOR FURTHER INFORMATION CONTACT: Ms. Madolyn Gingell, National
Coordinator, Legal Services for Veterans, by email at <a href="/cdn-cgi/l/email-protection#2a66797c6d584b445e596a5c4b044d455c"><span class="__cf_email__" data-cfemail="135f40455461727d67605365723d747c65">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Funding Opportunity Title: Legal Services for Homeless Veterans and
Veterans At-Risk for Homelessness Grant Program.
Announcement Type: Initial.
Funding Opportunity Number: VA-VJP-LSV-H-1023.
Assistance Instrument: Grant.
Assistance Listing: 64.056, Legal Services for Veterans Grant.
Table of Contents
Funding Opportunity Description 4
Purpose 4
Background 4
Definitions 5
Approach 5
Authority 5
Guidance for the Use of Funds 5
Award Information 7
Allocation of Funds 7
Funding Priorities 9
Funding Restrictions 9
Award Period 9
Eligibility Information 10
Eligible Applicants 10
Cost Sharing or Matching 10
Application and Scoring Information 11
Content and Form of Application 11
Review and Selection Process 19
Application Selection 19
Tie Score 21
Funding Actions 21
Award Administration Information 22
Award Notice 22
Administrative and National Policy 23
Payment 23
Reporting and Monitoring 24
Program Evaluation 25
Funding Opportunity Description
Purpose
Ending and preventing homelessness among Veterans is a priority for
VA. VA's Homeless Programs constitute the Nation's largest integrated
network of homeless treatment and assistance services for Veterans. The
LSV-H Grant Program's purpose is to award legal services grants to
eligible public or non-profit private entities who will provide legal
services to eligible Veterans who are homeless or at risk for
homelessness.
Background
This NOFO will provide awards designed to address the needs
identified in 38 CFR part 79.20, including legal services related to
housing; family law; income support; criminal defense; protective
orders and other matters related to domestic or intimate partner
violence; access to health care; requests to upgrade military discharge
or dismissal of a former member of the Armed Forces under 10 U.S.C.
1553; consumer law, such as financial services, debt collection,
garnishments, usury, fraud, and financial exploitation; employment law;
and the top 10 unmet legal needs as enumerated on VA's annual Community
Homelessness Assessment, Local Education and Networking Groups
(CHALENG) survey for the grant award year. CHALENG survey results can
be found at <a href="https://www.va.gov/homeless/chaleng.asp">https://www.va.gov/homeless/chaleng.asp</a>. Funds provided
through this NOFO must not duplicate or replace funds provided from any
Federal, state, or local government agency or program to assist
homeless Veterans.
Definitions
38 CFR part 79.5 contains definitions of terms used in the LSV-H
Grant Program.
Approach
The goal of the LSV-H Grant Program is to assist Veterans who are
homeless or at risk for homelessness who have unaddressed needs for
legal services, which may create barriers to housing stability.
Services provided to Veterans under this NOFO are designed to help
Veterans increase housing stability by providing legal services,
including eviction defense, that will help Veterans avoid homelessness
or help them return to permanent housing in the community.
Authority
Funding available under this NOFO is authorized by 38 U.S.C. 2022A.
VA implements the LSV-H Grant Program through regulations in 38 CFR
part 79. Funds made available under this NOFO are subject to the
requirements of these regulations.
Guidance for the Use of Funds
As noted above, the LSV-H Grant Program's purpose is to provide
legal services grants to public or non-profit private entities that
will directly provide legal services to eligible Veterans who are
homeless or at risk for homelessness. The LSV-H Grant is not a Case
Management Grant nor a Transitional Housing Grant. The applicant's
request for funding must be consistent with the limitation and uses of
legal services grant funds outlined in 38 CFR part 79 and this NOFO.
Per the regulations and this NOFO, the following requirements apply to
legal services grants awarded under this NOFO:
Grantees may use a maximum of 10% of legal services grant funds for
administrative costs as identified in 38 CFR part 79.90. Administrative
costs consist of all costs, including all direct and indirect costs,
associated with the management of the program. These costs may include
professional training for attorneys to provide legal services for
Veterans or other activities that are not direct services. These costs
also include the administrative costs of subcontractors.
Grantees must use at least 90% of legal services grant funds to
provide legal services which are consistent with 38 CFR part 79.90.
Grantees are expected to provide legal services relevant to issues that
interfere with the participant's ability to obtain or retain permanent
housing. (NOTE: Specific details of the legal services provided may be
protected from being released to the grantee from a sub-grantee or VA
under attorney-client privilege; however, the grantee must provide
sufficient information to demonstrate the eligibility of the Veteran
client as well as the frequency and type of legal services delivered.)
Support for legal services can include paying for court filing fees to
assist a participant with issues that interfere with the participant's
ability to obtain or retain permanent housing or legal services,
including issues that affect the participant's employability and
financial security.
Grantees are expected to use at least 10% of grant funds to provide
legal services to women Veterans.
Award Information
Allocation of Funds
Under this NOFO, approximately $26.8 million is available for
grants to provide legal services to homeless Veterans or Veterans at
risk for homelessness. The LSV-H Grant Program aims to provide grant
funding up to a maximum of $300,000 to eligible applicants in a 14-
month grant cycle. The funding amount and number of awards will be
determined based on the number of applications received by VA. Funding
will only be awarded to applicants who demonstrate sufficient capacity
to provide legal services to homeless Veterans or Veterans at risk for
homelessness.
Grants governed by this NOFO are expected to begin August 1, 2024.
Future renewal funding is dependent on such factors as need,
geographical dispersion, funding availability, the recipient meeting
performance goals
[[Page 87496]]
and statutory and regulatory requirements, as well as results of VA
performance measurement and monitoring.
If VA determines that grantee spending is not meeting the minimum
percentage milestones identified below, VA may elect to recoup
projected unused funds and reallocate funds among other grantees who
are able to fully use the funds to provide legal services during the
grant period. Should VA elect to recoup unspent funds, reductions in
available grant funds would take effect the first business day
following the end of the quarter. VA may elect to recoup funds in the
following circumstances:
<bullet> The grantee's requests to VA for grant funds are less than
10% of the total grant award by the end of the first quarter of the
grant cycle, no later than October 31, 2024.
<bullet> The grantee's requests to VA for grant funds are less than
30% of the total grant award by the end of the second quarter of the
grant cycle, no later than January 31, 2025.
<bullet> The grantee's requests to VA for grant funds are less than
55% of the total grant award by the end of the third quarter of the
grant cycle, no later than April 30, 2025.
Reductions will be calculated based on the total amount of payment
requests submitted in the U.S. Department of Health and Human Services'
(HHS) Payment Management System (PMS) by 5:00 p.m. EST on the last
business day of the quarter. Should VA elect to recoup unspent funds,
reductions in available grant funds would take place the first business
day following the end of the quarter. If additional funds become
available from funds recouped under the Award Information section of
this NOFO, funds that are voluntarily returned by grantees, funds that
become available due to a grant termination, or other funds that are
still available for grant awards, VA may elect to offer these funds to
other grantees. Additional funds may be provided to grantees who are in
compliance with their grant agreement and have the capacity to use the
additional funds, with priority given in descending order based on
grantees' original application's ranking/score.
Funding Priorities
* Priority 1: VA will place in the first funding priority those
applications from organizations that have demonstrated the ability to
directly provide three or more allowable legal services covered under
the LSV-H Grant Program (38 CFR part 79.20) to eligible Veterans.
* Priority 2: VA will place in the second funding priority those
applications from organizations that are equitably distributed across
geographic regions including (i) areas not being served by existing
LSV-H awards, (ii) rural communities, (iii) tribal lands, and (iv)
areas with a high number or percentage of Native Veterans.
* Priority 3: VA will place in the third funding priority those
applications from organizations with a demonstrated focus on providing
legal services to women Veterans.
Applications will be ranked in score order within the funding
priority.
Funding Restrictions
Applicants may not receive funding to replace funds provided by any
other Federal, state, or local government agency or program to assist
homeless Veterans. VA will not fund projects or activities deemed
outside the scope of those enumerated in 38 CFR part 79.20 and this
NOFO.
Award Period
Grants awarded will be for a 14-month period starting August 1,
2024.
Eligibility Information
Eligible Applicants
For purposes of this NOFO, an eligible applicant is a public or
non-profit private entity as defined in 38 CFR part 79.10. Applicants
must have the necessary technical and administrative abilities and
resources to execute the program successfully. Applicants must provide
sufficient eligibility information to allow VA to evaluate their
application for scoring purposes. Only eligible entities can apply in
response to this NOFO.
Applicants with 501(c)(3) Internal Revenue status must provide a
copy of their status determination letter received from the Internal
Revenue Service. Award recipients must maintain their status as a
501(c)(3) or 501(c)(19) non-profit, state or local government, or
recognized Indian tribal government as defined by General Services
Administration regulations, 41 CFR part 105-71.102, for the entire
award cycle. Faith-based organizations may apply for the LSV-H Grant
Program. Faith-based organizations are eligible, on the same basis as
any other organization, to participate in the LSV-H Grant Program as
described in 38 CFR part 79.80.
Applicants are required to register in the System for Award
Management (SAM) located at <a href="https://sam.gov">https://sam.gov</a> before submitting a Federal
award application. Federal award recipients must continue to maintain
an active <a href="http://SAM.gov">SAM.gov</a> registration with current information through the
life of their Federal award.
As described in 38 CFR part 79.10, this program prohibits issuing
awards to entities that do not meet criteria for an eligible entity.
Cost Sharing or Matching
Cost-sharing or matching is not required for this funding
opportunity.
Application and Scoring Information
Content and Form of Application
Applicants must submit applications electronically following
instructions found at <a href="http://www.va.gov/homeless/lsv.asp">www.va.gov/homeless/lsv.asp</a>. Applicants must
include all required documents in their application submission.
Submission of an incorrect, incomplete, inconsistent, unclear, or
incorrectly formatted application package may result in the application
being rejected.
The application is organized into the following sections:
Section I: Administrative Information
A. Application Information
a. Organization's Legal Name;
b. Other Names under Which Organization Does Business;
c. Organization's Address;
d. Contact Person Name and Title;
e. Telephone number for Contact Person;
f. Email for Contact Person;
g. Unique Entity Identifier (UEI);
h. Employer Identification Number; and
i. SAM expiration date.
Note: Applicants are required to be registered in SAM before
submitting an application and must maintain an active SAM
registration with current information at all times during which they
have an active Federal award or an application under consideration
by a Federal awarding agency.
B. Legal Services Proposed
a. Amount of Legal Services Grant Funds Requested;
b. Types of Legal Services that will be provided; and
c. Projected Number of Eligible Veterans to be Served.
C. Geographic Region Served
a. State(s) to be served;
b. Counties to be served;
c. Veterans Integrated Service Network(s) to be served; and
d. Specific types of geographic regions to be served.
Section II: Background, Qualifications, Experience and Past Performance
of Applicant, and any Identified Subcontractor (30 Maximum Points)
VA will award points based on the background, qualifications,
experience
[[Page 87497]]
and past performance of the applicant, and any subcontractors
identified by the applicant in the legal services grant application, as
demonstrated by the following:
(1) Background and Organizational History.
(i) Applicant's and any identified subcontractors' background and
organizational history are relevant to providing legal services.
(ii) Applicant and any identified subcontractors maintain
organizational structures with clear lines of reporting and defined
responsibilities.
(iii) Applicant and any identified subcontractors have a history of
complying with agreements and not defaulting on financial obligations.
(2) Staff qualifications.
(i) Applicant's staff, and any identified subcontractors' staff,
have experience working with Veterans or individuals who are homeless,
at risk for homelessness or who have very low income, as defined under
38 CFR part 79.
(ii) Applicant's staff, and any identified subcontractors' staff,
have experience administering programs similar to the Grant Program
under 38 CFR part 79.
(3) Organizational qualifications and past performance.
(i) Applicant, and any identified subcontractors, have
organizational experience providing legal services to Veterans or
individuals who are homeless, at risk for homelessness, or who have
very low income as defined under 38 CFR part 79.
(ii) Applicant and any identified subcontractors have or plan to
hire staff, who are qualified to administer legal services, and as
applicable, are in good standing as a member of the applicable State
bar.
(4) Experience working with Veterans, including Women Veterans.
(i) Applicant's staff, and any identified subcontractors' staff,
have experience working with Veterans, including women Veterans.
(ii) Applicant and any identified subcontractors have
organizational experience providing legal services to Veterans,
including women Veterans.
Section III: Program Concept and Legal Services Plan (Maximum 30
Points)
VA will award points based on the applicant's program concept and
legal services plan, as demonstrated by the following:
(1) Need for program.
(i) Applicant has shown a need among eligible Veterans in the area
or community where the program will be based.
(ii) Applicant understands the legal services needs unique to
eligible Veterans in the area or community where the program will be
based.
(2) Outreach and screening plan.
(i) Applicant has a feasible outreach and referral plan to identify
and assist eligible Veterans in need of legal services. This plan
should include a description of how the applicant will ensure that
services are provided to eligible Veterans, including women Veterans,
and how the applicant will use at least 10% of the grant funds to serve
eligible women Veterans.
(ii) Applicant has a plan to process and receive referrals from
eligible Veterans.
(iii) Applicant has a plan to assess and accommodate the needs of
incoming eligible Veterans.
(3) Program concept and design.
(i) Applicant's program concept, size, scope, and staffing plan are
feasible.
(ii) Applicant's program is designed to meet the legal needs of
eligible Veterans in the area or community where the program will be
based.
(iii) Applicant's program design detailing the specific types of
legal services provided.
(4) Program implementation timeline.
(i) Applicant's program will be implemented in a timely manner, and
legal services will be delivered to eligible Veterans as quickly as
possible and within a specified timeline.
(ii) Applicant has a hiring plan in place to meet the applicant's
program timeline or has existing staff to meet such timeline.
(5) Collaboration and communication with VA. Applicant has a plan
to coordinate outreach and services with local VA facilities.
(6) Ability to meet VA's requirements, goals, and objectives for
the grant program. Applicant is committed to ensuring that its program
meets VA's requirements, goals, and objectives for the grant program as
identified in 38 CFR part 79 and the Purpose Section of the NOFO
(<a href="https://www.federalregister.gov/documents/2022/06/01/2022-10930/legal-services-for-homeless-veterans-and-veterans-at-risk-for-homelessness-grant-program#sectno-reference-79.40">https://www.federalregister.gov/documents/2022/06/01/2022-10930/legal-services-for-homeless-veterans-and-veterans-at-risk-for-homelessness-grant-program#sectno-reference-79.40</a>).
(7) Capacity to undertake program. Applicant has sufficient
capacity, including staff resources, to undertake the program.
Section IV: Quality Assurance and Evaluation Plan (Maximum 15 Points)
VA will award points based on the applicant's quality assurance and
evaluation plan, as demonstrated by the following:
(1) Program evaluation.
(i) Applicant has created clear, realistic, and measurable metrics
that align with the grant program's aim of addressing the legal needs
of eligible Veterans for which the applicant's program performance can
be continually evaluated.
(2) Monitoring.
(i) Applicant has adequate controls in place to regularly monitor
the program, including any subcontractors, for compliance with all
applicable laws, regulations, and guidelines.
(ii) Applicant has adequate financial and operational controls in
place to ensure the proper use of legal services grant funds.
(iii) Applicant has a plan for ensuring that the applicant's staff
and any subcontractors are appropriately trained and comply with the
requirements of 38 CFR part 79.
(3) Remediation. Applicant has a plan or establishes a system to
remediate non-compliant aspects of the program if and when they are
identified.
(4) Management and reporting. Applicant's program management team
has the capability and a system in place to provide to VA timely and
accurate reports, no less than quarterly.
Section V: Financial Capability and Plan (Maximum 15 Points)
VA will award points based on the applicant's financial capability
and plan, as demonstrated by the following:
(1) Organizational finances. Applicant and any identified
subcontractors are financially stable.
(2) Financial feasibility of program.
(i) Applicant has a realistic plan for obtaining all funding
required to operate the program for the period of the legal services
grant.
(ii) Applicant's program is cost-effective and can be effectively
implemented on budget.
Section VI: Area Linkages and Relations (Maximum 10 Points)
VA will award points based on the applicant's area or community
linkages and relations, as demonstrated by the following:
(1) Area or community linkages. Applicant has a plan for developing
or has existing linkages with Federal (including VA), state, local, and
tribal governments, agencies, and private entities for the purposes of
providing additional legal services to eligible Veterans.
(2) Past working relationships. Applicant (or applicant's staff)
and any identified subcontractors (or subcontractors' staff) have
fostered successful working relationships and
[[Page 87498]]
linkages with public and private organizations providing legal and non-
legal supportive services to Veterans in need of services similar to
those covered under the Grant Program.
(3) Local presence and knowledge.
(i) Applicant has a presence in the area or community to be served
by the applicant.
(ii) Applicant understands the dynamics of the area or community to
be served by the applicant.
(4) Integration of linkages and program concept. Applicant's
linkages to the area or community to be served by the applicant enhance
the effectiveness of the applicant's program.
Section VII: Applicant Certifications and Assurances
Applicants must sign and submit the grant application agreeing to
the following:
(1) Project Budget Template. Applicants must attach an itemized
detailed budget using the approved SF 424A form and corresponding to
the narrative provided in the financial capability and plan. The
categories and costs included in the detailed budget must indicate the
plan and demonstrate compliance with cost principles. See the
Attachments section at the end of the application. Successful
applicants must follow all applicable budget requirements, including
the Federal cost principles in subpart E of 2 CFR part 200, LSV
regulations at 38 CFR part 79, and budget requirements of this NOFO.
(2) Additional Eligibility Documentation. Applicants will provide
other required or optional materials as attachments, including the
following:
(i) Budget Template (required);
(ii) Letters of coordination (optional); and
(iii) Resumes or position descriptions of key staff (required).
Section VIII: Criteria for Threshold Review
Submission of an incorrect, incomplete, inconsistent, unclear, or
incorrectly formatted application package may result in the application
being rejected and not considered for award. Only applications that
meet threshold requirements in 38 CFR part 79.30 will be scored
consistent with criteria in 38 CFR part 79.35.
Review and Selection Process
Applications will be ranked in score order by funding priority as
described in this NOFO Award Information, Funding Priorities, and 38
CFR part 79.40. VA will rank those applicants who score at least 60
cumulative points and receive at least one point under each of the
following categories: (a) Background, Qualifications, Experience, and
Past Performance of Applicant and Any Identified Subcontractor; (b)
Program Concept and Legal Services Plan; (c) Quality Assurance and
Evaluation Plan; (d) Financial Capability and Plan; and (e) Area
Linkages and Relations The applicants will be ranked in order from
highest to lowest.
Application Selection
VA will only score applications that meet the following threshold
requirements in 38 CFR part 79.30: the application is filed within the
time period established in the NOFO, and any additional information or
documentation requested by VA under 38 CFR part 79.25(c) is provided
within the timeframe established by VA; the application is completed in
all parts; the activities for which the legal services grant is
requested are eligible for funding under 38 CFR part 79; the
applicant's proposed participants are eligible to receive legal
services under 38 CFR part 79; the applicant agrees to comply with the
requirements of 38 CFR part 79; the applicant does not have an
outstanding obligation to the Federal Government that is in arrears and
does not have an overdue or unsatisfactory response to an audit; and
the applicant is not in default by failing to meet the requirements for
any previous Federal assistance.
Applications that meet threshold will be scored. Applications will
be assigned to the highest priority group for which they are eligible.
Applications will be ranked in score order by funding priority as
described in this NOFO Award Information, Funding Priorities, and 38
CFR part 79.40. Applications in priority 1 that receive the minimum
score to be eligible for selection will be considered in score order
before applications in priority 2 are considered, etc.
VA will use an application's rank as the primary basis for
selection for funding; however, VA will also use the considerations
listed in 38 CFR part 79.40(d) to select applicants for funding. For
example, pursuant to 38 CFR part 79.40(d)(1), reviewers will give
preference to applications that demonstrate an ability to directly
provide legal services to eligible individuals.
Review and selection process may be found at 38 CFR part 79.40. In
case of a discrepancy between information provided by the applicant and
other information available to VA, VA reserves the right to make
funding decisions based on all available information or to not select
an application. Additional selections may be considered, at VA's
discretion, until available funding is exhausted.
Depending on factors such as the quantity and quality of
applications received and the availability of funding, VA reserves the
right to make additional rounds of conditional selections from this
NOFO to the eligible pool of applicants, or to take other actions as
appropriate. VA reserves the right to negotiate with applicants, as
needed, to accomplish the overall goals and objective.
Consistent with 2 CFR part 200.206(b), VA evaluates risk posed by
applicants at any time pre-award or post-award. Special conditions,
adjustments, or remedies corresponding to the degree of risk may be
applied to an award (2 CFR parts 200.206, 200.208, 200.339). Risk
evaluations may include but are not limited to an evaluation of the
applicant's eligibility, the quality of its application, the needs of
the community, the organization's financial stability, management
systems and standards, the history of performance, the status of Single
Audit reports, an ability to effectively implement requirements, the
status of any VA or other Federal debt, and the findings of any VA
fiscal reviews.
Tie Score
In the event of a tie score between applications, VA will determine
at its discretion how to handle selection decisions (for example,
selecting multiple applications for award or awarding for less than
requested). VA will consider the intent of this NOFO to fund legal
services to assist vulnerable Veterans in retaining their permanent
housing. VA's discretionary funding decisions are final.
Funding Actions
VA will provide funding to all eligible applicants in the Priority
Group score order described in this NOFO until funding is exhausted.
Funding is not guaranteed. Before awarding a grant agreement, VA
reserves the right to make adjustments (e.g., to funding levels) as
needed within the intent of this NOFO based on a variety of factors,
including the quantity and quality of applications, geographic
dispersion, as well as the availability of funding.
VA will consider any information that comes to its attention,
including information in the designated integrity and performance
system, in making a judgment about the applicant's integrity, business
ethics, and performance under Federal awards. VA may not make a Federal
award to an applicant if the applicant has not complied with all
[[Page 87499]]
applicable UEI and <a href="http://SAM.gov">SAM.gov</a> requirements. Applicants may refer to 2 CFR
part 25 and <a href="http://SAM.gov">SAM.gov</a> for more information.
If an applicant has not fully complied by the time the Federal
awarding agency is ready to make a Federal award, the Federal awarding
agency may determine that the applicant is not qualified to receive a
Federal award and use that determination as a basis for making a
Federal award to another applicant. VA may elect to award additional
applications based on the availability of funds and quality of
applications. Upon signature of the grant agreement by the Secretary,
or designated representative, final selection will be completed, and
the grant funds will be obligated for the funding period.
Award Administration Information
Award Notices
Although subject to change, the LSV Grant Program expects to
announce grant awards on or around July 1, 2024. VA reserves the right
to make adjustments (e.g., to funding levels), as needed, within the
intent of the NOFO based on a variety of factors, including the
availability of funding. The initial announcement will be made through
a news release posted on the VA's LSV website at <a href="http://www.va.gov">www.va.gov</a>./homeless/
lsv.asp.
The LSV Grant Program will notify successful and unsuccessful
applicants. Only a grant agreement with a VA signature is evidence of
an award and is an authorizing document allowing costs to be incurred
against a grant award. Other notices, letters, or announcements are not
authorizing documents. The grant agreement includes the terms and
conditions of the award and must be signed by the entity and VA to be
legally binding.
Administrative and National Policy Requirements
VA places great emphasis on responsibility and accountability. VA
has procedures in place to monitor grants provided under the LSV Grant
Program. All applicants selected in response to this NOFO must agree to
meet applicable inspection standards outlined in the grant agreement.
Grantees are responsible for complying with all requirements of the
Federal award. Federal awards must also comply with the provisions of
the Federal Funding Accountability and Transparency Act, which includes
requirements on executive compensation, and other requirements found at
2 CFR parts 25 and 170. Grantees and their employees also are subject
to the whistleblower rights and remedies established in 41 U.S.C. 4712.
Payment of Grant Funds
Grantees will receive payments electronically through the HHS PMS.
Grantees will have the ability to request payments as frequently as
they choose subject to the following limitations:
1. During the first quarter of the grantee's legal services
annualized grant award period, the grantee's cumulative requests for
legal services grant funds may not exceed 35% of the total legal
services grant award without written approval by VA.
2. By the end of the second quarter of the grantee's legal services
annualized grant award period, the grantee's cumulative requests for
legal services grant funds may not exceed 60% of the total legal
services grant award without written approval by VA.
3. By the end of the third quarter of the grantee's legal services
annualized grant award period, the grantee's cumulative requests for
legal services grant funds may not exceed 80% of the total legal
services grant award without written approval by VA.
4. By the end of the fourth quarter of the grantee's annualized
legal services grant award period, the grantee's cumulative requests
for legal services grant funds may not exceed 100% of the total legal
services grant award.
Reporting and Monitoring
VA places great emphasis on the responsibility and accountability
of grantees. As described in 38 CFR part 79.95, VA has procedures to
monitor legal services provided to participants and outcomes associated
with the legal services provided under the LSV Grant Program.
Applicants should be aware of the following:
1. Grantees will be required to track data that will consist of
information on the participants served and the types of legal services
provided by grantees and subsequent outcomes. Information regarding
legal services provided may be protected from being released to VA
under attorney-client privilege; however, the grantee must provide
sufficient information to demonstrate the frequency and type of
services delivered to meet performance measurement outcomes, as defined
in 2 CFR part 200.301.
2. VA will complete annual monitoring evaluations of each grantee.
Monitoring also will include the submission of quarterly and yearly
financial and performance reports by the grantee in accordance with 2
CFR part 200. The grantee will be expected to demonstrate adherence to
the grantee's proposed program concept, as described in the grantee's
application. All grantees are also subject to audits conducted by VA or
its representative.
3. Grantees will be assessed based on their ability to meet
critical reporting requirements that are defined by the regulations.
Program Evaluation
The purpose of program evaluation is to evaluate the program's
success.
1. Grantees will participate in VA's national project monitoring
and evaluation to determine successful outcomes. Each grantee's
performance will be measured against established performance targets.
2. Grantees who do not meet the performance measures or who
otherwise perform or appear to perform less than satisfactorily may be
subject to additional conditions of award. Additional conditions may
include, but are not limited to, increased reporting or monitoring,
reductions, withholding, suspension, termination, or other remedies for
non-compliance at VA's discretion.
3. VA reserves the right to add, remove, or change at any time
prior to or during the award period the performance measures, targets,
services, caseload requirements, grant payment amounts, payment
schedule, or other grant requirements.
4. VA's overall performance for all grants funded from this NOFO
will be measured against the same criteria and targets used for each
grant.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved and signed
this document on December 12, 2023, and authorized the undersigned to
sign and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
General Counsel, Department of Veterans Affairs.
[FR Doc. 2023-27691 Filed 12-15-23; 8:45 am]
BILLING CODE 8320-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 18, 2023.
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.