Funding Opportunity Title: Revised Notice of Funds Availability (NOFA) inviting applications for the FY 2008 Funding Round of the Native American CDFI Assistance (NACA) Program, 61948-61958 [E7-21495]

Agencies

• Community Development Financial Institutions Fund
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 72, Number 211 (Thursday, November 1, 2007)]
[Notices]
[Pages 61948-61958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21495]


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DEPARTMENT OF THE TREASURY

Community Development Financial Institutions Fund


Funding Opportunity Title: Revised Notice of Funds Availability 
(NOFA) inviting applications for the FY 2008 Funding Round of the 
Native American CDFI Assistance (NACA) Program

    Announcement Type: Initial announcement of funding opportunity.
    Catalog of Federal Domestic Assistance (CFDA) Number: 21.020.
    Dates: Applications for the FY 2008 Funding Round of the NACA 
Program must be received by 5 p.m. ET on Wednesday, December 19, 2007.
    Executive Summary: Subject to funding availability, this NOFA is 
issued in connection with the FY 2008 funding round of the NACA 
Program.

I. Funding Opportunity Description

    A. Through the NACA Program, the Fund provides: (i) Financial 
Assistance (FA) awards to Community Development Financial Institutions 
(CDFIs) that have at least 50 percent of their activities directed 
toward serving Native American, Alaska Native and/or Native Hawaiian 
Communities (Native CDFIs) that have Comprehensive Business Plans for 
creating demonstrable community development impact through the 
deployment of credit, capital, and financial services within their 
respective Target Markets or the expansion into new Investment Areas, 
Low-Income Targeted Populations, or Other Targeted Populations, and 
(ii) Technical Assistance (TA) grants to Native CDFIs entities 
proposing to become Native CDFIs, and to Native organizations, Tribes 
and Tribal organizations (Sponsoring Entities) that propose to create 
Native CDFIs, in order to build their capacity to better address the 
community development and capital access needs of their existing or 
proposed Target Markets, and/or to become certified Native CDFIs.
    B. The regulations governing the CDFI Program, found at 12 CFR part 
1805 (the Interim Rule), provide guidance on evaluation criteria and 
other requirements of the NACA Program. The Fund encourages Applicants 
to review the Interim Rule. Detailed application content requirements 
are found in the applicable funding application and related guidance 
materials. Each capitalized term in this NOFA is more fully defined in 
the Interim Rule, the application or the guidance materials.
    C. The Fund reserves the right to fund, in whole or in part, any, 
all, or none of the applications submitted in response to this NOFA. 
The Fund reserves the right to re-allocate funds from the amount that 
is anticipated to be available under this NOFA to other Fund programs, 
particularly if the Fund determines that the number of awards made 
under this NOFA is fewer than projected.

II. Award Information

A. Funding Availability

    1. Anticipated FY 2008 Funding: Through this NOFA, and subject to 
funding availability, the Fund expects that it may award approximately 
$3.5 million in appropriated funds through the NACA Program. The Fund 
reserves the right to award in excess of $3.5 million in appropriated 
funds to Applicants in the FY 2008 Funding Round, provided that the 
funds are available and the Fund deems it appropriate.
    2. Availability of Funds for the FY 2008 Funding Round: Funds for 
the FY 2008 Funding Round have not yet been appropriated. If funds are 
not appropriated for the FY 2008 Funding Round, there will not be a FY 
2008 Funding Round. Further, it is possible that if funds are 
appropriated for the FY

[[Page 61949]]

2008 Funding Round, the amount of such funds may be greater than or 
less than the amounts set forth above.

B. Types of Awards

    An Applicant may submit an application either for: (i) A FA award 
only; (ii) a FA award and a TA grant; or (iii) a TA grant only.
    1. FA Awards: FA is intended to provide flexible financial support 
to Native CDFIs so that they may achieve the strategies outlined in 
their Comprehensive Business Plans. A FA award can be requested by an 
Applicant for use in the following four categories of activity: 
Financial Products, Loan Loss Reserves, Capital Reserves, and/or 
Operations. For purposes of this NOFA, Financial Products means: loans, 
grants, equity investments and similar financing activities, including 
the purchase of loans originated by certified Native CDFIs and the 
provision of loan guarantees, to and in its Target Market, or for 
related purposes that the Fund deems appropriate. Loan Loss Reserves 
means: funds that the Applicant will set aside in the form of cash, or 
through accounting-based accrual, reserves to cover losses on loans, 
accounts and notes receivable made to or in its Target Market. Capital 
Reserves means: funds that the Applicant will set aside in the form of 
reserves to support the Applicant's ability to leverage other capital, 
such as by increasing its net assets, to serve the financing needs of 
its Target Market, or for related purposes that the Fund deems 
appropriate. Operations means: funds that the Applicant will use to 
undertake Development Services, Financial Services, and/or for related 
purposes that the Fund deems appropriate. The most common use of FA is 
for the Applicant's Financial Products: a FA award can be a critical 
source of funding to support the Applicant's community development 
lending activities. The Fund may provide FA awards in the form of 
equity investments (including, in the case of certain Insured Credit 
Unions, secondary capital accounts), grants, loans, deposits, credit 
union shares, or any combination thereof. The Fund reserves the right, 
in its sole discretion, to provide a FA award in a form and amount 
other than that which is requested by an Applicant; however, the award 
amount will not exceed the Applicant's award request as stated in its 
application. The Fund reserves the right, in its sole discretion, to 
provide a FA award to an Applicant on the condition that the Applicant 
agrees to use a TA grant for specified capacity building purposes, even 
if the Applicant has not requested a TA grant.
    2. TA Grants:
    (a) The Fund may provide TA awards in the form of grants. The Fund 
reserves the right, in its sole discretion, to provide a TA grant for 
uses and amounts other than that which are requested by an Applicant; 
however, the award amount will not exceed the Applicant's award request 
as stated in its application and the applicable budget chart.
    (b) TA grants may be used to address a variety of needs including, 
but not limited to, development of strategic planning documents (such 
as strategic or capitalization plans), market analyses or product 
feasibility analyses, operational policies and procedures, curricula 
for Development Services (such as entrepreneurial training, home buyer 
education, financial education or training, borrower credit repair 
training), improvement of underwriting and portfolio management, 
development of outreach and training strategies to enhance product 
delivery, operating support to expand into a new Target Market, and 
tools that allow the Applicant to assess the impact of its activities 
in its community. Each Applicant requesting Professional Services in 
its TA proposal is required to provide supporting information in the 
form of a scope of work, to include information regarding the expected 
cost, the likely provider of the TA, a description of the anticipated 
timing of the expenditures, and a narrative description of how the TA 
grant will enhance its capacity to provide greater community 
development impact and/or to become certified as a Native CDFI, if 
applicable.
    (c) Eligible TA grant uses include, but are not limited to: (i) 
Acquiring consulting services; (ii) acquiring/enhancing technology 
items, including computer hardware, software and Internet connectivity; 
(iii) acquiring training for staff, management and/or board members; 
and (iv) paying administrative expenses, including staff salary and 
other key award related expenses, that will enhance the capacity of the 
Applicant to serve its Target Market and/or to become certified as a 
Native CDFI or to create a Native CDFI.

C. Notice of Award; Assistance Agreement

    Each Awardee under this NOFA must sign a Notice of Award and an 
Assistance Agreement in order to receive a disbursement of award 
proceeds by the Fund. The Notice of Award and the Assistance Agreement 
contain the terms and conditions of the award. For further information, 
see Sections VI.A and VI.B of this NOFA.

III. Eligibility Information

A. Eligible Applicants

    The Interim Rule specifies the eligibility requirements that each 
Applicant must meet in order to be eligible to apply for assistance 
under this NOFA. The following sets forth additional detail and dates 
that relate to the submission of applications under this NOFA:
    1. CDFI Certification Requirements: For purposes of this NOFA, 
eligible FA Applicants include Certified Native CDFIs and Certifiable 
Native CDFIs; eligible TA Applicants include Certified Native CDFIs, 
Certifiable Native CDFIs, Emerging CDFIs and Sponsoring Entities, 
defined as follows:
    (a) Certified Native CDFIs: A Certified Native CDFI is an entity 
that primarily serves (meaning, at least 50 percent of its activities 
are directed toward serving) a Native Community, whose certification 
has not expired, and that has not been notified by the Fund that its 
certification has been terminated. Each such Applicant must submit a 
``Certification of Material Event Form'' to the Fund not later than 
Wednesday, December 5, 2007, or such other dates as the Fund may 
proscribe, in accordance with the instructions on the Fund's Web site 
at https://www.cdfifund.gov. Please note: The Fund provided a number of 
CDFIs with certifications expiring in 2003 through 2008 written 
notification that their certifications had been extended. The Fund will 
consider the extended certification date (the later date) to determine 
whether those CDFIs meet this eligibility requirement.
    (b) Certifiable Native CDFIs: For purposes of this NOFA, a 
Certifiable Native CDFI is an entity that primarily serves (meaning, at 
least 50 percent of its activities are directed toward serving) a 
Native Community and from which the Fund receives a complete CDFI 
Certification Application no later than Wednesday, December 5, 2007, or 
such other dates as the Fund may proscribe, evidencing that the 
Applicant meets the requirements to be certified as a Native CDFI. 
Applicants may obtain the CDFI Certification Application through the 
Fund's Web site at https://www.cdfifund.gov. Applications for 
certification must be submitted as instructed in the application form. 
FA Applicants that are Certifiable Native CDFIs please note: While your 
organization may be conditionally selected for funding (as evidenced 
through the Notice of Award), the Fund will not enter into an 
Assistance Agreement or disburse award funds unless and until the Fund 
has certified

[[Page 61950]]

your organization as a Native CDFI. If the Fund is unable to certify 
your organization as a Native CDFI based on the CDFI certification 
application that your organization submits to the Fund, the Notice of 
Award may be terminated and the award commitment may be cancelled, in 
the sole discretion of the Fund.
    (c) Emerging Native CDFIs: For purposes of this NOFA, an Emerging 
Native CDFI is an entity that primarily serves (meaning, at least 50 
percent of its activities are directed toward serving) a Native 
Community and demonstrates to the satisfaction of the Fund that it has 
a reasonable plan to be certified as a Native CDFI by December 31, 2012 
or such other date selected by the Fund. Emerging Native CDFIs may only 
apply for TA grants; they are not eligible to apply for FA awards. Each 
Emerging Native CDFI that is selected to receive a TA grant will be 
required, pursuant to its Assistance Agreement with the Fund, to become 
certified as a Native CDFI by a certain date.
    (d) Sponsoring Entities: For the purposes of this NOFA, a 
Sponsoring Entity is an entity that proposes to create a separate legal 
entity that will become a certified Native CDFI. For purposes of this 
NOFA, Sponsoring Entities include: (a) A Tribe, Tribal entity, Alaska 
Native Village, Village Corporation, Regional Corporation, Non-Profit 
Regional Corporation/Association, or Inter-Tribal or Inter-Village 
organization; (b) an organization whose primary mission is to serve a 
Native Community including, but not limited to an Urban Indian Center, 
Tribally Controlled Community College, community development 
corporation (CDC), training or education organization, or Chamber of 
Commerce, and that primarily serves (meaning, at least 50 percent of 
its activities are directed toward serving) a Native Community. 
Sponsoring Entities may only apply for TA grants; they are not eligible 
to apply for FA awards. Each Sponsoring Entity that is selected to 
receive a TA grant will be required, pursuant to its Assistance 
Agreement with the Fund, to create a legal entity by a certain date 
that will, in turn, seek CDFI certification.
    2. Limitation on Awards: An Applicant may receive only one award 
through the CDFI Program in the FY 2008 funding rounds. A NACA Program 
Applicant, its Subsidiaries or Affiliates also may apply for and 
receive: (i) A tax credit allocation through the New Markets Tax Credit 
(NMTC) Program, but only to the extent that the activities approved for 
NACA Program awards are different from those activities for which the 
Applicant receives a NMTC Program allocation; and (ii) an award through 
the Bank Enterprise Award (BEA) Program (subject to certain 
limitations; refer to the Interim Rule at 12 CFR 1805.102).
    3. Contacting the Fund. The Fund will respond to questions and 
provide support concerning Native CDFI certification related to the FY 
2008 Funding Round between the hours of 9 a.m. and 5 p.m. ET, through 
Monday, December 3, 2007. The Fund will not respond to questions or 
provide support concerning Native CDFI certification, related to the FY 
2008 Funding Round, that are received after 5 p.m. ET on Monday, 
December 3, 2007. The CDFI Certification Application and other 
information regarding CDFI certification may be obtained from the 
Fund's Web site at https://www.cdfifund.gov.

B. Prior Awardees

    Applicants must be aware that success in a prior round of any of 
the Fund's programs is not indicative of success under this NOFA. Prior 
awardees are eligible to apply under this NOFA, except as follows:
    1. $5 Million Funding Cap: The Fund is generally prohibited from 
obligating more than $5 million in assistance, in the aggregate, to any 
one organization and its Subsidiaries and Affiliates during any three-
year period. In general, the three-year period extends back three years 
from the date that the Fund signs a Notice of Award; for purposes of 
this NOFA, and for ease of administration, the Fund will consider any 
assistance documented with a Notice of Award dated between July 31, 
2005 and July 31, 2008 (which is the anticipated date that the Fund 
will issue Notices of Award for the FY 2008 Funding Round).
    2. Failure to meet reporting requirements: The Fund will not 
consider an application submitted by an Applicant if the Applicant, or 
an entity that Controls the Applicant, is Controlled by the Applicant 
or shares common management officials with the Applicant (as determined 
by the Fund) is a prior Fund Awardee or allocatee under any Fund 
program and is not current on the reporting requirements set forth in a 
previously executed assistance, allocation or award agreement(s), as of 
the applicable application deadline of this NOFA. Please note that the 
Fund only acknowledges the receipt of reports that are complete. As 
such, incomplete reports or reports that are deficient of required 
elements will not be recognized as having been received.
    3. Pending resolution of noncompliance: If an Applicant is a prior 
Awardee or allocatee under any Fund program and if: (i) It has 
submitted complete and timely reports to the Fund that demonstrate 
noncompliance with a previous assistance, allocation or award 
agreement; and (ii) the Fund has yet to make a final determination as 
to whether the entity is in default of its previous assistance, 
allocation or award agreement, the Fund will consider the Applicant's 
application under this NOFA pending full resolution, in the sole 
determination of the Fund, of the noncompliance. Further, if another 
entity that Controls the Applicant, is Controlled by the Applicant or 
shares common management officials with the Applicant (as determined by 
the Fund), is a prior Fund Awardee or allocatee and if such entity: (i) 
Has submitted complete and timely reports to the Fund that demonstrate 
noncompliance with a previous assistance, allocation or award 
agreement; and (ii) the Fund has yet to make a final determination as 
to whether the entity is in default of its previous assistance, 
allocation, or award agreement, the Fund will consider the Applicant's 
application under this NOFA pending full resolution, in the sole 
determination of the Fund, of the noncompliance.
    4. Default status: The Fund will not consider an application 
submitted by an Applicant that is a prior Fund Awardee or allocatee 
under any Fund program if, as of the applicable application deadline of 
this NOFA, the Fund has made a final determination that such Applicant 
is in default of a previously executed assistance, allocation or award 
agreement(s). Further, an entity is not eligible to apply for an award 
pursuant to this NOFA if, as of the applicable application deadline of 
this NOFA, the Fund has made a final determination that another entity 
that Controls the Applicant, is Controlled by the Applicant or shares 
common management officials with the Applicant (as determined by the 
Fund) is a prior Fund Awardee or allocatee under any Fund program and 
has been determined by the Fund to be in default of a previously 
executed assistance, allocation or award agreement(s).
    5. Termination in default: The Fund will not consider an 
application submitted by an Applicant that is a prior Fund Awardee or 
allocatee under any Fund program if: (i) Within the 12-month period 
prior to the applicable application deadline of this NOFA, the Fund has 
made a final determination that such Applicant's prior award or 
allocation terminated in default of a previously executed assistance, 
allocation or award agreement(s); and (ii) the final reporting period 
end date

[[Page 61951]]

for the applicable terminated assistance, allocation or award 
agreement(s) falls within the 12-month period prior to the application 
deadline of this NOFA. Further, an entity is not eligible to apply for 
an award pursuant to this NOFA if: (i) Within the 12-month period prior 
to the applicable application deadline, the Fund has made a final 
determination that another entity that Controls the Applicant, is 
Controlled by the Applicant or shares common management officials with 
the Applicant (as determined by the Fund), is a prior Fund Awardee or 
allocatee under any Fund program whose award or allocation terminated 
in default of a previously executed assistance, allocation or award 
agreement(s); and (ii) the final reporting period end date for the 
applicable terminated assistance, allocation or award agreement(s) 
falls within the 12-month period prior to the application deadline of 
this NOFA.
    6. Undisbursed award funds: The Fund will not consider an 
application submitted by an Applicant that is a prior Fund Awardee 
under any Fund program if the Applicant has a balance of undisbursed 
award funds (defined below) under said prior award(s), as of the 
applicable application deadline of this NOFA. Further, an entity is not 
eligible to apply for an award pursuant to this NOFA if another entity 
that Controls the Applicant, is Controlled by the Applicant or shares 
common management officials with the Applicant (as determined by the 
Fund), is a prior Fund Awardee under any Fund program, and has a 
balance of undisbursed award funds under said prior award(s), as of the 
applicable application deadline of this NOFA. In a case where another 
entity that Controls the Applicant, is Controlled by the Applicant or 
shares common management officials with the Applicant (as determined by 
the Fund), is a prior Fund Awardee under any Fund program, and has a 
balance of undisbursed award funds under said prior award(s), as of the 
applicable application deadline of this NOFA, the Fund will include the 
combined awards of the Applicant and such Affiliated entities when 
calculating the amount of undisbursed award funds.
    For purposes of the calculation of undisbursed award funds for the 
BEA Program, only awards made to the Applicant (and any Affiliates) 
three to five calendar years prior to the end of the calendar year of 
the application deadline of this NOFA are included (``includable BEA 
awards''). Thus, for purposes of this NOFA, undisbursed BEA Program 
award funds are the amount of FYs 2002, 2003 and 2004 awards that 
remain undisbursed as of the application deadline of this NOFA.
    For purposes of the calculation of undisbursed award funds for the 
CDFI Program and the Native Initiatives (NI) Funding Programs, only 
awards made to the Applicant (and any Affiliates) two to five calendar 
years prior to the end of the calendar year of this NOFA are included 
(``includable CDFI/NI awards''). Thus, for purposes of this NOFA, 
undisbursed CDFI Program and NI awards are the amount of FYs 2002, 
2003, 2004 and 2005 awards that remain undisbursed as of the 
application deadline of this NOFA.
    To calculate total includable BEA/CDFI/NI awards: Amounts that are 
undisbursed as of the application deadline of this NOFA cannot exceed 
five percent (5%) of the total includable awards. Please refer to an 
example of this calculation on the Fund's Web site, found in the Q&A 
document for the FY 2008 Funding Round.
    The ``undisbursed award funds'' calculation does not include: (i) 
Tax credit allocation authority made available through the NMTC 
Program; (ii) any award funds for which the Fund received a full and 
complete disbursement request from the Awardee by the applicable 
application deadline of this NOFA; (iii) any award funds for an award 
that has been terminated in writing by the Fund or deobligated by the 
Fund; or (iv) any award funds for an award that does not have a fully 
executed assistance or award agreement. The Fund strongly encourages 
Applicants requesting disbursements of ``undisbursed award funds'' from 
prior awards to provide the Fund with a complete disbursement request 
at least 10 business days prior to the application deadline of this 
NOFA. An Applicant that is unsure about the disbursement status of any 
prior award should contact the Fund's Financial Manager via e-mail at 
CDFI.disburseinquiries@cdfi.treas.gov for more information, no less 
than thirty (30) calendar days prior to the application deadline of 
this NOFA. Requests submitted less than thirty calendar days prior to 
the application deadline may not receive a response before the 
application deadline.
    7. Exception for Applicants impacted by Hurricanes Katrina and/or 
Rita: Please note that the provisions of paragraphs 2 (Failure to meet 
reporting requirements) and 6 (Undisbursed award funds) of this section 
do not apply to any Applicant that has an office located in, or that 
provides a significant volume of services or financing to residents of 
or businesses located in, a county that is within a ``major disaster 
area'' as was declared by the Federal Emergency Management Agency 
(FEMA) as a result of Hurricanes Katrina and/or Rita. Said requirements 
are waived for those Applicants under this NOFA.
    8. Contact the Fund. Accordingly, Applicants that are prior 
Awardees are advised to: (i) Comply with requirements specified in 
assistance, allocation and/or award agreement(s), and (ii) contact the 
Fund to ensure that all necessary actions are underway for the 
disbursement or deobligation of any outstanding balance of said prior 
award(s). Disbursement questions should be directed to Grants 
Management via e-mail to grantsmanagement@cdfi.treas.gov. Reporting and 
compliance questions should be directed to Compliance, Monitoring and 
Evaluation (CME) by e-mail to cme@cdfi.treas.gov. Telephone calls to 
Grants Management and CME should be directed to (202) 622-8226; 
facsimiles to (202) 622-7754; and mail to CDFI Fund, 601 13th Street, 
NW., Suite 200 South, Washington, DC 20005. The Fund will respond to 
Applicants' reporting, disbursement or compliance questions between the 
hours of 9 a.m. and 5 p.m. ET, starting the date of the publication of 
this NOFA through Monday, December 17, 2007 (two business days before 
the application deadline). The Fund will not respond to Applicants' 
reporting, disbursement or compliance phone calls or e-mail inquiries 
that are received after 5 p.m. ET on said date, until after the funding 
application deadline.

C. Matching Funds

    1. Matching Funds Requirements in General: Applicants responding to 
this NOFA must obtain non-Federal matching funds from sources other 
than the Federal government on the basis of not less than one dollar 
for each dollar of FA funds provided by the Fund (matching funds are 
not required for TA grants). Matching funds must be at least comparable 
in form and value to the FA award provided by the Fund (for example, if 
an Applicant is requesting a FA grant from the Fund, the Applicant must 
have evidence that it has obtained matching funds through grant(s) from 
non-Federal sources that are at least equal to the amount requested 
from the Fund). Funds used by an Applicant as matching funds for a 
prior FA award under the NACA Program or under another Federal grant or 
award program cannot be used to satisfy the matching funds requirement 
of this NOFA. If an Applicant seeks to use as matching funds monies 
received from an organization that was a prior Awardee under the NACA 
Program, the Fund will

[[Page 61952]]

deem such funds to be Federal funds, unless the funding entity 
establishes to the reasonable satisfaction of the Fund that such funds 
do not consist, in whole or in part, of NACA Program funds or other 
Federal funds. For the purposes of this NOFA, BEA Program award 
proceeds received by an Applicant from a Non-Affiliate BEA Program 
Awardee are not deemed to be Federal funds and are eligible as matching 
funds. The Fund encourages Applicants to review the Interim Rule at 12 
CFR 1805.500 et seq., and matching funds guidance materials on the 
Fund's Web site for further information.
    2. Matching Funds Requirements Per Applicant Category: Due to 
funding constraints and the desire to quickly deploy Fund dollars, the 
Fund will not consider for a FA award any Applicant that has no 
matching funds in-hand or firmly committed as of the application 
deadline under this NOFA. Specifically, FA Applicants must meet the 
following matching funds requirements: A NACA Applicant for FA must 
demonstrate that it has eligible matching funds equal to no less than 
25 percent of the amount of the FA award requested in-hand or firmly 
committed, on or after January 1, 2006 and on or before the application 
deadline. The Fund reserves the right to rescind all or a portion of a 
FA award and re-allocate the rescinded award amount to other qualified 
Applicant(s), if an Applicant fails to obtain in-hand 100 percent of 
the required matching funds by March 14, 2009 (with required 
documentation of such receipt received by the Fund not later than March 
31, 2009), or to grant an extension of such matching funds deadline for 
specific Applicants selected to receive FA, if the Fund deems it 
appropriate. For any Applicant that demonstrates that it has less than 
100 percent of matching funds in-hand or firmly committed as of the 
application deadline, the Fund will evaluate the Applicant's ability to 
raise the remaining matching funds by March 14, 2009.
    3. Matching Funds Terms Defined; Required Documentation.
    (a) ``Matching funds in-hand'' means that the Applicant has 
actually received the matching funds. If the matching funds are ``in-
hand,'' the Applicant must provide the Fund with acceptable written 
documentation of the source, form and amount of the Matching Funds 
(i.e., grant, loan, deposit, and equity investment). For a loan, the 
Applicant must provide the Fund with a copy of the loan agreement and 
promissory note. For a grant, the Applicant must provide the Fund with 
a copy of the grant letter or agreement. For an equity investment, the 
Applicant must provide the Fund with a copy of the stock certificate 
and any related shareholder agreement. Further, if the matching funds 
are ``in-hand,'' the Applicant must provide the Fund with acceptable 
documentation that evidences its receipt of the matching funds 
proceeds, such as a copy of a check or a wire transfer statement.
    (b) ``Firmly committed matching funds'' means that the Applicant 
has entered into or received a legally binding commitment from the 
matching funds source that the matching funds will be disbursed to the 
Applicant. If the matching funds are ``firmly committed,'' the 
Applicant must provide the Fund with acceptable written documentation 
to evidence the source, form, and amount of the firm commitment (and, 
in the case of a loan, the terms thereof), as well as the anticipated 
date of disbursement of the committed funds.
    (c) The Fund may contact the matching funds source to discuss the 
matching funds and the documentation provided by the Awardee. If the 
Fund determines that any portion of the Applicant's matching funds is 
ineligible under this NOFA, the Fund, in its sole discretion, may 
permit the Applicant to offer alternative matching funds as substitute 
for the ineligible matching funds; provided, however, that (i) the 
Applicant must provide acceptable alternative matching funds 
documentation within 2 business days of the Fund's request and (ii) the 
alternative matching funds documentation cannot increase the total 
amount of Financial Assistance requested by the Applicant.
    4. Special Rule for Insured Credit Unions: Please note that the 
Interim Rule allows an Insured Credit Union to use retained earnings to 
serve as matching funds for a FA grant in an amount equal to: (i) The 
increase in retained earnings that have occurred over the Applicant's 
most recent fiscal year; (ii) the annual average of such increases that 
have occurred over the Applicant's three most recent fiscal years; or 
(iii) the entire retained earnings that have been accumulated since the 
inception of the Applicant or such other financial measure as may be 
specified by the Fund. For purposes of this NOFA, if option (iii) is 
used, the Applicant must increase its member and/or non-member shares 
or total loans outstanding by an amount that is equal to the amount of 
retained earnings that is committed as matching funds. This amount must 
be raised by the end of the Awardee's second performance period, as set 
forth in its Assistance Agreement, and will be based on amounts 
reported in the Applicant's Audited or Reviewed Financial Statements or 
NCUA Form 5300 Call Report. The Fund will assess the likelihood of this 
increase during the application review process. An award will not be 
made to any Applicant that has not demonstrated that it has increased 
shares or loans by at least 25 percent of the requested FA award amount 
between December 31, 2006 and December 31, 2007, as demonstrated by the 
corresponding NCUA report.
    5. Severe Constraints Exception to Matching Funds Requirement; 
Applicability to Applicants Located in FEMA-Designated Major Disaster 
Areas Created by Hurricanes Katrina and/or Rita: In the case of any 
Applicant that has an office that is located in, or that provides a 
significant volume of services or financing to residents of or 
businesses located in, any county that is within a ``major disaster 
area'' as was declared by the Federal Emergency Management Agency 
(FEMA) as a result of Hurricanes Katrina and/or Rita, and that has 
severe constraints on available sources of matching funds, such 
Applicant may be eligible for a ``severe constraints waiver'' (see 
section 1805.203 of the Interim Rule) if (i) it can demonstrate to the 
satisfaction of the Fund that an Investment Area(s) or Targeted 
Population(s) would not be adequately served without such a waiver and 
(ii) it projects to use the assistance to address issues resulting from 
Hurricanes Katrina and/or Rita (such as a significant volume of loan 
defaults) or to provide financial products, financial services, or 
Development Services to residents of or businesses located in any 
county that is within a ``major disaster area'' as was declared by FEMA 
as a result of Hurricanes Katrina and/or Rita. If eligible for such a 
waiver, the Applicant may comply with the matching funds requirements 
of this NOFA as follows: (i) The matching funds requirement for such 
Applicant would be reduced to 50 percent (meaning, the Applicant must 
match 50 percent of the Fund's FA award rather than 100 percent), or 
(ii) such an Applicant may provide matching funds in alternative 
(meaning, non-monetary) forms if the Applicant has total assets of less 
than $100,000 at the time of the application deadline, serves non-
metropolitan or rural areas, and is not requesting more than $25,000 in 
financial assistance from the Fund. In the case of item (i) of this 
paragraph, the Applicant must demonstrate that it has eligible matching 
funds equal to no less than 25 percent of the amount of the FA award 
requested in-hand or firmly committed, on or after January 1, 2006

[[Page 61953]]

and on or before the application deadline. The Fund reserves the right 
to rescind all or a portion of a FA award and re-allocate the rescinded 
award amount to other qualified Applicant(s), if an Applicant fails to 
obtain in-hand the required matching funds by December 31, 2008 (with 
required documentation of such receipt received by the Fund not later 
than December 15, 2008), or to grant an extension of such matching 
funds deadline for specific Applicants selected to receive FA, if the 
Fund deems it appropriate. For any such Applicant that demonstrates 
that it has less than the required matching funds in-hand or firmly 
committed as of the application deadline, the Fund will evaluate the 
Applicant's ability to raise the remaining matching funds by December 
31, 2008. In the case of item (ii) of this paragraph, the NACA Program 
funding application contains further instructions on the type of 
documentation that the Applicant must provide as evidence that such 
match was received and its valuation. The Fund reserves the right, in 
its sole discretion, to disallow any such match for which adequate 
documentation or valuation is not provided.

IV. Application and Submission Information

A. Form of Application Submission

    Applicants may submit applications under this NOFA only 
electronically, through Grants.gov. Applications sent by mail, 
facsimile or other form will not be accepted. The Fund will not accept 
applications in paper form, other than the assigned signature page and 
certain paper attachments, as specified below and in the application.

B. Grants.gov

    For the FY 2008 Funding Round, in compliance with Public Law 106-
107 and Section 5(a) of the Federal Financial Assistance Management 
Improvement Act, the Fund is required to accept applications submitted 
through the Grants.gov electronic system. The Fund will post to its Web 
site at https://www.cdfifund.gov instructions for accessing and 
submitting an application through Grants.gov. The application 
instructions will be posted as soon as they are available and once the 
application materials are accessible through Grants.gov. Applicants are 
encouraged to start the registration process now at www.Grants.gov as 
the process may take several weeks to fully complete. See the following 
link for information on getting started on Grants.gov: https://
grants.gov/assets/GrantsgovCoBrandBrochure8X11.pdf.

C. Application Content Requirements

    Detailed application content requirements are found in the 
application and guidance. Please note that, pursuant to OMB guidance 
(68 Federal Register 38402), each Applicant must provide, as part of 
its application submission, a Dun and Bradstreet Data Universal 
Numbering System (DUNS) number. In addition, each application must 
include a valid and current Employer Identification Number (EIN), with 
a letter or other documentation from the Internal Revenue Service (IRS) 
confirming the Applicant's EIN. An electronic application that does not 
include an EIN is incomplete and cannot be transmitted to the Fund. 
Applicants should allow sufficient time for the IRS and/or Dun and 
Bradstreet to respond to inquiries and/or requests for identification 
numbers. Once an application is submitted, the Applicant will not be 
allowed to change any element of the application. The preceding 
sentence does not limit the Fund's ability to contact an Applicant for 
the purpose of obtaining clarifying or confirming application 
information (such as a DUNS number or EIN information).

D. MyCDFIFund Accounts

    All Applicants must register User and Organization accounts in 
myCDFIFund, the Fund's Internet-based interface. An Applicant must be 
registered as both a User and an Organization in myCDFIFund as of the 
applicable application deadline in order to be considered to have 
submitted a complete application. As myCDFIFund is the Fund's primary 
means of communication with Applicants and Awardees, organizations must 
make sure that they update the contact information in their myCDFIFund 
accounts. For more information on myCDFIFund, please see the 
``Frequently Asked Questions'' link posted at https://www.cdfifund.gov/
myCDFI/Help/Help.asp.

E. Application Deadlines

    Applicants must submit all materials described in and required by 
the application by the applicable deadline.
    1. Application Deadlines: Applications submitted via Grants.gov 
must be received in accordance with the instructions provided by the 
Fund, by 5 p.m. ET on Wednesday, December 19, 2007. In addition, 
Applicants that submit electronic applications must separately submit 
(by mail or other courier/delivery service) a signature page, signed by 
the Applicant's Authorized Representative, and all other required paper 
attachments; said documents must be received at the address set forth 
below by 5 p.m. ET on Friday, December 21, 2007.
    2. Late Delivery: The Fund will neither accept a late application 
nor any portion of an application that is late; an application that is 
late, or for which any portion is late, will be rejected. An 
application submitted via Grants.gov and all required paper attachments 
must be received by the applicable time and date set forth above. The 
Fund will not grant exceptions or waivers for late delivery of 
documents including, but not limited to, late delivery that is caused 
by third parties such as the United States Postal Service, couriers or 
overnight delivery services. Any application that is deemed ineligible 
will not be returned to the Applicant.

F. Intergovernmental Review

    Not applicable.

G. Funding Restrictions

    For allowable uses of FA proceeds, please see the Interim Rule at 
12 CFR 1805.301.

V. Application Review Information

A. Criteria

    The Fund will evaluate each application on a 100-point scale using 
numeric scores with respect to the following five sections:
    1. Market Analysis (25 points): The Fund will evaluate: (i) The 
extent and nature of the economic distress within the designated Target 
Market including the Applicant's understanding of its current and 
prospective customers; and (ii) the extent of demand for the 
Applicant's Financial Products, Development Services, and Financial 
Services within the designated Target Market. The Fund will give 
special consideration to any Applicant that has an office that is 
located in, or that provides a significant volume of services or 
financing to residents of or businesses located in, (i) any county that 
is within the area declared to be a ``major disaster'' by FEMA as a 
result of Hurricanes Katrina and/or Rita; and/or (ii) any state that 
has been declared a ``reception state'' by FEMA.
    2. Business Strategy (25 points): The Fund will evaluate the 
Applicant's business strategy for addressing market demand and creating 
community development impact through: (i) Its Financial Products, 
Development Services, and/or Financial Services; (ii) its marketing, 
outreach, and delivery strategy; and (iii) the extent, quality and 
nature of coordination with other similar providers of Financial 
Products

[[Page 61954]]

and Financial Services, government agencies, and other key community 
development entities within the Target Market. The Fund will take into 
consideration whether the Applicant is proposing to expand into a new 
Target Market.
    3. Community Development Performance and Effective Use (20 points): 
The Fund will evaluate (i) the Applicant's vision for its Target 
Market, specific outcomes or impacts for measuring progress towards 
achieving this vision, and the extent to which this award will allow it 
to achieve them; (ii) the Applicant's track record in providing 
Financial Products, Financial Services, and Development Services to the 
Target Market; (iii) the extent to which proposed activities will 
benefit the Target Market; (iv) the likelihood of achieving the impact 
projections, including the extent to which the activities proposed in 
the Comprehensive Business Plan will expand economic opportunities or 
promote community development within the designated Target Market by 
promoting homeownership, affordable housing development, job creation 
or retention, the provision of affordable financial services, and other 
community development objectives; and (v) the extent to which the 
Applicant will maximize the effective use of the Fund's resources. If 
an Applicant has a prior track record of serving Investment Areas(s) or 
Targeted Population(s), it must demonstrate that: (i) It has a record 
of success in serving said Investment Area(s) or Targeted 
Population(s); (ii) it will offer more Financial Products or 
Development Services and/or increase the volume of its current 
activities in the Target Market; and/or (ii) it will expand its 
operations into a larger Target Market.
    4. Management (20 points): The Fund will evaluate the Applicant's 
organizational capacity to achieve the objectives set forth in its 
Comprehensive Business Plan as well as its ability to use its award 
successfully and maintain compliance with its Assistance Agreement 
through an evaluation of: (i) The capacity, skills, size and experience 
of the Applicant's current and proposed Governing Board, management 
team, and key staff; and (ii) the Applicant's management controls and 
risk mitigation strategies including policies and procedures for 
portfolio underwriting and review, financial management, risk 
management, management information systems.
    5. Financial Health and Viability (10 points): The Fund will 
evaluate the Applicant's: (i) Audited or otherwise prepared Financial 
Statements; (ii) safety and soundness, including an analysis of the 
Applicant's financial services industry ratios (capital, liquidity, 
deployment and self-sufficiency) and ability to sustain positive net 
revenue; (iii) projected financial health, including its ability to 
raise operating support from sources other than the Fund and its 
capitalization strategy; and (iv) portfolio performance including loan 
delinquency, loan losses, and loan loss reserves. If an Applicant does 
not have 100 percent of the required matching funds in-hand (versus 
committed), the Applicant must demonstrate to the satisfaction of the 
Fund that it will raise the outstanding balance of matching funds by 
March 14, 2009.
    6. Technical Assistance Proposal: Any Applicant applying for a TA 
grant, either alone or in conjunction with a request for a FA award, 
must complete a Technical Assistance Proposal (TAP) as part of its 
application. The TAP consists of a summary of the organizational 
improvements needed to achieve the objectives of the Comprehensive 
Business Plan, a budget, and a description of the requested goods and/
or services comprising the TA award request. The budget and 
accompanying narrative will be evaluated for the eligibility and 
appropriateness of the proposed uses of the TA award (described above). 
In addition, if the Applicant identifies a capacity-building need 
related to any of the evaluation criteria above (for example, if the 
Applicant requires a market need analysis or a community development 
impact tracking/reporting system), the Fund will assess its plan to use 
the TA grant to address said needs. An Applicant that is not a 
Certified Native CDFI and that requests TA to address certification 
requirements must explain how the requested TA grant will assist the 
Applicant in meeting the certification requirement. The Fund will 
assess the reasonableness of the plan to become certified by December 
31, 2010, taking into account the requested TA. For example, if the 
Applicant does not currently make loans and therefore does not meet the 
Financing Entity requirement, it might describe how the TA funds will 
be used to hire a consultant to develop underwriting policies and 
procedures to support the Applicant's ability to start its lending 
activity. An Applicant that requests a TA grant for recurring 
activities must clearly describe the benefit that would accrue to its 
capacity or to its Target Market(s) (such as plans for expansion of 
staff, market, or products) as a result of the TA award. If the 
Applicant is a prior Fund Awardee, it must describe how it has used the 
prior assistance and explain the need for additional Fund dollars over 
and above such prior assistance. Such an Applicant also must describe 
the additional benefits that would accrue to its capacity or to the 
Target Market(s) if the Applicant receives another award from the Fund, 
such as plans for expansion of staff, market, or products. The Fund 
will not provide funding for the same activities funded in prior 
awards.

B. Review and Selection Process

    1. Eligibility and Completeness Review: The Fund will review each 
application to determine whether it is complete and the Applicant meets 
the eligibility requirements set forth above. An incomplete application 
does not meet eligibility requirements and will be rejected. Any 
application that does not meet eligibility requirements will not be 
returned to the Applicant.
    2. Substantive Review: If an application is determined to be 
complete and the Applicant is determined to be eligible, the Fund will 
conduct the substantive review of the application in accordance with 
the criteria and procedures described in the Interim Rule, this NOFA 
and the application and guidance. Each FA application will be reviewed 
and scored by multiple readers. Each TA application will be read and 
scored by one reader. Readers may include Fund staff and other experts 
in community development finance. As part of the review process, the 
Fund may contact the Applicant by telephone, e-mail, mail, or through 
an on-site visit for the purpose of obtaining clarifying or confirming 
application information (such as statements of work, resumes, EINs, 
DUNS numbers). After submitting its application, the Applicant will not 
be permitted to revise or modify its application in any way nor attempt 
to negotiate the terms of an award. If contacted for clarifying or 
confirming information, the Applicant must respond within the time 
parameters set by the Fund.
    3. Application Scoring; Ranking:
    (a) Application Scoring: The Fund will evaluate each application on 
a 100-point scale, comprising the five criteria categories described 
above, and assign numeric scores. An Applicant must receive a minimum 
score in each evaluation criteria in order to be considered for an 
award. In the case of an Applicant that has previously received funding 
from the Fund through any Fund program, the Fund will consider and will 
deduct points for: (i) The Applicant's noncompliance with

[[Page 61955]]

any active award or award that terminated during the 12 months prior to 
the application deadline in meeting its performance goals, financial 
soundness covenants (if applicable), reporting deadlines and other 
requirements set forth in the assistance or award agreement(s) with the 
Fund during the Applicant's two complete fiscal years prior to the 
application deadline of this NOFA; (ii) the Applicant's failure to make 
timely loan payments to the Fund during the Applicant's two complete 
fiscal years prior to the application deadline of this NOFA (if 
applicable); (iii) performance on any prior Assistance Agreement as 
part of the overall assessment of the Applicant's ability to carry out 
its Comprehensive Business Plan; and (iv) funds deobligated from a FY 
2004, FY 2005 or FY 2006 FA award (if the Applicant is applying for a 
FA award under this NOFA) if (A) the amount of deobligated funds is at 
least $200,000 and (B) the deobligation occurred subsequent to the 
expiration of the period of award funds availability (generally, any 
funds deobligated after the September 30th following the year in which 
the award was made). Any award deobligations that result in a point 
deduction under an application submitted pursuant to either funding 
round of this NOFA will not be counted against any future application 
for FA through the NACA Program. All questions regarding outstanding 
reports or compliance should be directed to Compliance, Monitoring and 
Evaluation by e-mail to cme@cdfi.treas.gov; by telephone at (202) 622-
8226; by facsimile at (202) 622-7754; or by mail to CDFI Fund, 601 13th 
Street, NW., Suite 200 South, Washington, DC 20005. These are not toll 
free numbers. The Fund will respond to reporting or compliance 
questions between the hours of 9 a.m. and 5 p.m. ET, starting the date 
of the publication of this NOFA through Monday, December 17, 2007.
    (b) Ranking: The Fund then will rank the applications by their 
scores, from highest to lowest, based on each Applicant's scores for 
all five criteria categories added together.
    4. Award Selection: The Fund will make its final award selections 
based on the rank order of Applicants by their scores and the amount of 
funds available. Subject to the availability of funding, the Fund will 
award funding in the order of the ranking. In addition, the Fund may 
consider the institutional and geographic diversity of Applicants when 
making its funding decisions.
    5. Insured CDFIs: In the case of Insured Depository Institutions 
and Insured Credit Unions, the Fund will take into consideration the 
views of the Appropriate Federal Banking Agencies; in the case of 
State-Insured Credit Unions, the Fund may consult with the appropriate 
State banking agencies (or comparable entity). The Fund will not 
approve an FA award or a TA grant to any Insured Credit Union (other 
than a State-Insured Credit Union) or Insured Depository Institution 
Applicant that has a CAMEL rating that is higher than a ``3'' or for 
which its Appropriate Federal Banking Agency indicates it has safety 
and soundness concerns, unless the Appropriate Federal Banking Agency 
asserts, in writing, that: (i) An upgrade to a CAMEL 3 rating or better 
(or other improvement in status) is imminent and such upgrade is 
expected to occur not later than September 30, 2008, or within such 
other time frame deemed acceptable by the Fund, or (ii) the safety and 
soundness condition of the Applicant is adequate to undertake the 
activities for which the Applicant has requested an FA award and the 
obligations of an Assistance Agreement related to such an FA award.
    6. Award Notification: Each Applicant will be informed of the 
Fund's award decision either through a Notice of Award if selected for 
an award (see Notice of Award section, below) or written declination if 
not selected for an award. Each Applicant that is not selected for an 
award based on reasons other than completeness or eligibility issues 
will be provided a written debriefing on the strengths and weaknesses 
of its application. This feedback will be provided in a format and 
within a timeframe to be determined by the Fund, based on available 
resources. The Fund will notify Awardees by e-mail using the addresses 
maintained in the Awardee's myCDFIFund account (postal mailings will be 
used only in rare cases).
    7. The Fund reserves the right to reject an application if 
information (including administrative errors) comes to the attention of 
the Fund that either adversely affects an applicant's eligibility for 
an award, or adversely affects the Fund's evaluation or scoring of an 
application, or indicates fraud or mismanagement on the part of an 
Applicant. If the Fund determines that any portion of the application 
is incorrect in any material respect, the Fund reserves the right, in 
its sole discretion, to reject the application. The Fund reserves the 
right to change its eligibility and evaluation criteria and procedures, 
if the Fund deems it appropriate; if said changes materially affect the 
Fund's award decisions, the Fund will provide information regarding the 
changes through the Fund's Web site. There is no right to appeal the 
Fund's award decisions. The Fund's award decisions are final.

VI. Award Administration Information

A. Notice of Award

    The Fund will signify its conditional selection of an Applicant as 
an Awardee by delivering a signed Notice of Award to the Applicant 
through its myCDFIFund account. The Notice of Award will contain the 
general terms and conditions underlying the Fund's provision of 
assistance including, but not limited to, the requirement that the 
Awardee and the Fund enter into an Assistance Agreement. The Applicant 
must execute the Notice of Award and return it to the Fund. By 
executing a Notice of Award, the Awardee agrees, among other things, 
that, if prior to entering into an Assistance Agreement with the Fund, 
information (including administrative error) comes to the attention of 
the Fund that either adversely affects the Awardee's eligibility for an 
award, or adversely affects the Fund's evaluation of the Awardee's 
application, or indicates fraud or mismanagement on the part of the 
Awardee, the Fund may, in its discretion and without advance notice to 
the Awardee, terminate the Notice of Award or take such other actions 
as it deems appropriate. Moreover, by executing a Notice of Award, the 
Awardee agrees that, if prior to entering into an Assistance Agreement 
with the Fund, the Fund determines that the Awardee is in default of 
any Assistance Agreement previously entered into with the Fund, the 
Fund may, in its discretion and without advance notice to the Awardee, 
either terminate the Notice of Award or take such other actions as it 
deems appropriate. The Fund reserves the right, in its sole discretion, 
to rescind its award if the Awardee fails to return the Notice of 
Award, signed by the authorized representative of the Awardee, along 
with any other requested documentation, within the deadline set by the 
Fund.
    1. Failure to meet reporting requirements: If an Awardee, or an 
entity that Controls the Awardee, is Controlled by the Awardee or 
shares common management officials with the Awardee (as determined by 
the Fund) is a prior Fund Awardee or allocatee under any Fund program 
and is not current on the reporting requirements set forth in the 
previously executed assistance, allocation or award agreement(s), as of 
the date of the Notice of Award, the Fund reserves the right, in its 
sole discretion, to delay entering

[[Page 61956]]

into an Assistance Agreement until said prior Awardee or allocatee is 
current on the reporting requirements in any previously executed 
assistance, allocation or award agreement(s). Please note that the Fund 
only acknowledges the receipt of reports that are complete. As such, 
incomplete reports or reports that are deficient of required elements 
will not be recognized as having been received. If said prior Awardee 
or allocatee is unable to meet this requirement within the timeframe 
set by the Fund, the Fund reserves the right, in its sole discretion, 
to terminate and rescind the Notice of Award and the award made under 
this NOFA.
    2. Pending resolution of noncompliance: If an Applicant is a prior 
Awardee or allocatee under any Fund program and if: (i) It has 
submitted complete and timely reports to the Fund that demonstrate 
noncompliance with a previous assistance, award or allocation 
agreement; and (ii) the Fund has yet to make a final determination as 
to whether the entity is in default of its previous assistance, award 
or allocation agreement, the Fund reserves the right, in its sole 
discretion, to delay entering into an Assistance Agreement, pending 
full resolution, in the sole determination of the Fund, of the 
noncompliance. Further, if another entity that Controls the Applicant, 
is Controlled by the Applicant or shares common management officials 
with the Applicant (as determined by the Fund), is a prior Fund Awardee 
or allocatee and if such entity: (i) Has submitted complete and timely 
reports to the Fund that demonstrate noncompliance with a previous 
assistance, award or allocation agreement; and (ii) the Fund has yet to 
make a final determination as to whether the entity is in default of 
its previous assistance, award or allocation agreement, the Fund 
reserves the right, in its sole discretion, to delay entering into an 
Assistance Agreement, pending full resolution, in the sole 
determination of the Fund, of the noncompliance. If the prior Awardee 
or allocatee in question is unable to satisfactorily resolve the issues 
of noncompliance, in the sole determination of the Fund, the Fund 
reserves the right, in its sole discretion, to terminate and rescind 
the Notice of Award and the award made under this NOFA.
    3. Default status: If, at any time prior to entering into an 
Assistance Agreement through this NOFA, the Fund has made a final 
determination that an Awardee that is a prior Fund Awardee or allocatee 
under any Fund program is in default of a previously executed 
assistance, allocation or award agreement(s), the Fund reserves the 
right, in its sole discretion, to delay entering into an Assistance 
Agreement, until said prior Awardee or allocatee has submitted a 
complete and timely report demonstrating full compliance with said 
agreement within a timeframe set by the Fund. Further, if at any time 
prior to entering into an Assistance Agreement through this NOFA, the 
Fund has made a final determination that another entity that Controls 
the Awardee, is Controlled by the applicant or shares common management 
officials with the Awardee (as determined by the Fund), is a prior Fund 
Awardee or allocatee under any Fund program and is in default of a 
previously executed assistance, allocation or award agreement(s), the 
Fund reserves the right, in its sole discretion, to delay entering into 
an Assistance Agreement, until said prior Awardee or allocatee has 
submitted a complete and timely report demonstrating full compliance 
with said agreement within a timeframe set by the Fund. If said prior 
Awardee or allocatee is unable to meet this requirement, the Fund 
reserves the right, in its sole discretion, to terminate and rescind 
the Notice of Award and the award made under this NOFA.
    4. Termination in default: If (i) within the 12-month period prior 
to entering into an Assistance Agreement through this NOFA, the Fund 
has made a final determination that an Awardee that is a prior Fund 
Awardee or allocatee under any Fund program whose award or allocation 
was terminated in default of such prior agreement; and (ii) the final 
reporting period end date for the applicable terminated agreement falls 
within the 12-month period prior to the application deadline of this 
NOFA, the Fund reserves the right, in its sole discretion, to delay 
entering into an Assistance Agreement. Further, if (i) within the 12-
month period prior to entering into an Assistance Agreement through 
this NOFA, the Fund has made a final determination that another entity 
that Controls the Awardee, is Controlled by the Awardee or shares 
common management officials with the Awardee (as determined by the 
Fund), is a prior Fund Awardee or allocatee under any Fund program 
whose award or allocation was terminated in default of such prior 
agreement; and (ii) the final reporting period end date for the 
applicable terminated agreement falls within the 12-month period prior 
to the application deadline of this NOFA, the Fund reserves the right, 
in its sole discretion, to delay entering into an Assistance Agreement.
    5. Deobligated awards: An Awardee that receives an FA award 
pursuant to this NOFA for which an amount over $200,000 is deobligated 
by the Fund subsequent to the expiration of the period of award funds 
availability (generally, any funds deobligated after the September 30th 
following the year in which the award was made) but within the 12 
months prior to the application deadline, may not apply for a new award 
through another NOFA for a CDFI or NACA Program funding round after the 
date of said deobligation.

B. Assistance Agreement

    Each Applicant that is selected to receive an award under this NOFA 
must enter into an Assistance Agreement with the Fund in order to 
receive disbursement of award proceeds. The Assistance Agreement will 
set forth certain required terms and conditions of the award, which 
will include, but not be limited to: (i) The amount of the award; (ii) 
the type of award; (iii) the approved uses of the award; (iv) the 
approved Target Market to which the funded activity must be targeted; 
(v) performance goals and measures; and (vi) reporting requirements for 
all Awardees. FA and FA/TA Assistance Agreements under this NOFA 
generally will have three-year performance periods; TA-only Assistance 
Agreements generally will have two-year performance periods.
    The Fund reserves the right, in its sole discretion, to terminate 
the Notice of Award and rescind an award if the Awardee fails to return 
the Assistance Agreement, signed by the authorized representative of 
the Awardee, and/or provide the Fund with any other requested 
documentation, within the deadlines set by the Fund.
    In addition to entering into an Assistance Agreement, each Awardee 
that receives an award either (i) in the form of a loan, equity 
investment, credit union shares/deposits, or secondary capital, in any 
amount, or (ii) a FA grant in an amount greater than $500,000, must 
furnish to the Fund an opinion from its legal counsel, the content of 
which will be specified in the Assistance Agreement, to include, among 
other matters, an opinion that the Awardee: (A) Is duly formed and in 
good standing in the jurisdiction in which it was formed and/or 
operates; (B) has the authority to enter into the Assistance Agreement 
and undertake the activities that are specified therein; and (C) has no 
pending or threatened litigation that would materially affect its 
ability to enter into and carry out the activities specified in the 
Assistance Agreement. Each other Awardee must provide the Fund with a 
good standing certificate (or equivalent

[[Page 61957]]

documentation) from its state (or jurisdiction) of incorporation.

C. Reporting

    1. Reporting requirements: The Fund will collect information, on at 
least an annual basis, from each Awardee including, but not limited to, 
an Annual Report that comprises the following components: (i) Financial 
Report (not required of Sponsoring Entities); (ii) Institution Level 
Report; (iii) Transaction Level Report