Notice of HUD's Fiscal Year (FY) 2008 Notice of Funding Availability (NOFA); Policy Requirements and General Section to HUD's FY2008 NOFAs for Discretionary Programs, 14882-14912 [E8-5626]
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Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Notices
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5200–N–01]
Notice of HUD’s Fiscal Year (FY) 2008
Notice of Funding Availability (NOFA);
Policy Requirements and General
Section to HUD’s FY2008 NOFAs for
Discretionary Programs
Office of the Secretary, HUD.
Notice of HUD’s FY2008 NOFA
Policy Requirements and General
Section to HUD’s FY2008 NOFAs for
Discretionary Programs (notice).
AGENCY:
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ACTION:
SUMMARY: This notice provides
prospective applicants for HUD
competitive funding with the
opportunity to become familiar with the
General Section of HUD’s FY2008
NOFAs, in advance of publication of
any FY2008 NOFAs. HUD plans to
publish its annual SuperNOFA in spring
2008. Early publication of the General
Section is one of several steps instituted
to improve the funding process for the
grantee community. Early publication of
the General Section gives prospective
applicants additional time to become
familiar with and address provisions in
the General Section, which constitute
part of almost every individual program
application. HUD will publish as a
technical correction any changes to this
General Section made after today’s
publication.
HUD will continue to require that
applicants submit their applications
electronically via Grants.gov. In
FY2008, HUD will be using Adobe
Forms applications packages, available
on Grants.gov. The Adobe Forms
packages are compatible with the
Windows Vista operating system, Apple
Macintosh computers, and Microsoft
Office 2007. Please carefully read the
instructions in this notice regarding use
of Adobe forms.
To submit an application via
Grants.gov, new users will be required
to complete a five-step registration
process, which can take 2 to 4 weeks to
complete. The process includes
ensuring that information provided by
your organization to Dun and Bradstreet
(D&B) matches information previously
provided by your organization and
contained in Internal Revenue Service
(IRS) records. If there is a discrepancy
in the information, the registration
cannot be completed until discrepancy
issues are resolved. Applicants that
have previously completed the
registration process merely have to
renew their registration in the Central
Contractor Registration (CCR). The
renewal process confirms that the
registration information is still accurate
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and allows organizations to make any
appropriate changes. During the update
process, the CCR will check the D&B
information against the IRS records for
your organization. If there are
discrepancies, the update cannot be
completed until the discrepancies are
resolved. Please allow adequate time to
resolve any registration issues. Failure
to update the registration in the CCR
before the CCR registration expires will
result in an applicant having to
complete the five steps of the renewal
process. If an applicant changes the
eBusiness Point of Contact in the CCR
registration, it should make sure the
new eBusiness Point of Contact has also
granted permission to the person
submitting the application to be the
Authorized Organization Representative
(AOR). To submit an application to
HUD, the AOR must be able to make a
legally binding agreement for the
organizational entity. Please see detailed
registration instructions in section IV.B.
of this notice. HUD recommends that all
prospective applicants take the time to
carefully read the Notice entitled
‘‘Notice of Opportunity to Register Early
and other Important Information for
Electronic Application Submission via
Grants.gov,’’ published on March 10,
2008 (73 FR 12751). This notice is also
available on HUD’s Web site at: https://
www.hud.gov/offices/adm/grants/
fundsavail.cfm and on Grants.gov/Find.
HUD’s Early Registration Notice
provides step-by-step instructions for
applicants who must register with
Grants.gov and also provides renewal
instructions for those who have
previously registered. Prospective
applicants should register prior to the
Federal Register publication of the
Program Sections of the FY2008
SuperNOFA.
Please note that HUD is transitioning
the Continuum of Care application from
a paper process to an electronic process
in FY2008. Because the electronic
application is not yet available, details
of the registration process, application,
application submission date, and timely
receipt requirements will be articulated
in two publications to be issued
separate from the SuperNOFA. The first
notice is expected to be issued in spring
2008. The expected publication date of
the Notice of Funding Availability will
be no earlier than July 1, 2008.
Notification of the availability of
registration instructions, the
application, and other information will
be released via the Grants.gov website.
To be placed on the Grants.gov
notification service for notices about the
Continuum of Care electronic
application process, go to: https://
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www.grants.gov/search/
subscribeAdvanced.do. To join the HUD
homeless assistance program listserv go
to: https://www.hud.gov/subscribe/
signup.cfm?listname=Homeless%20
Assistance%20
Program&list=HOMELESS-ASST-L.
FOR FURTHER INFORMATION CONTACT: For
further information on HUD’s FY2008
Policy Requirements and General
Section contact the Office of
Departmental Grants Management and
Oversight, Office of Administration,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 3156, Washington, DC 20410–
5000; telephone number (202) 708–
0667. Persons with hearing or speech
impairments may access this number
via TTY by calling the Federal
Information Relay Service at (800) 877–
8339.
SUPPLEMENTARY INFORMATION: Each year,
HUD strives to improve its competitive
funding process. In FY2007, over 99.5
percent of applicants successfully
submitted applications electronically for
HUD’s grant programs. To help
applicants with electronic application
registration and submission, HUD has
developed a Desktop User Guide for
Submitting Electronic Grant
Applications. The user guide provides
step-by-step details and screen shots of
the entire registration and application
submission process, including
troubleshooting application submission
errors. HUD updates the guide regularly
and it is available at https://
www.hud.gov/offices/adm/grants.
HUD believes that early publication of
the General Section is beneficial to
prospective applicants by providing
advance notice of the Department’s
threshold requirements, strategic goals,
policy priorities, and other requirements
applicable to almost every individual
NOFA that comprises the SuperNOFA.
The General Section, as in the past, is
structured to refer the reader to the
individual program NOFAs. Although
the program NOFAs are not being
published at this time, the references are
retained. When the Program Sections of
the FY2008 NOFAs are published, they
are fully reconciled with the General
Section, as has been the case since 1998
when the SuperNOFA was first
published. Applicants interested in
receiving e-mail notification of the
availability of the program sections
should go to: https://www.grants.gov/
applicants/email_subscription.jsp and
sign up for e-mail notification of
funding opportunities. By doing so, you
will receive an e-mail as soon as the
NOFAs and applications are available
on Grants.gov.
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Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Notices
HUD is always interested in
improving its application processes.
You can help HUD improve its outreach
and program NOFAs by providing
feedback on ways it can improve the
NOFA process. Please note that each
application contains a ‘‘You Are Our
Client’’ survey questionnaire. HUD
requests that you respond to this survey
to let the Department know what
improvements have been beneficial and
to share your ideas on where
improvements can continue to be made.
HUD carefully considers the comments
received from its clients and strives to
use the comments to improve each
year’s NOFAs and its funding process.
This publication includes a list of
programs anticipated to be in the
FY2008 SuperNOFA, subject to the
availability of funds. The Introduction
to the SuperNOFA will include any
changes made to this listing and provide
projected funding availability and
application deadline dates.
HUD hopes that the steps that it has
taken to provide information early in
the FY2008 funding process about
NOFA requirements will be of benefit to
you, our applicants.
Dated: March 14, 2008.
Roy A. Bernardi,
Deputy Secretary.
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Overview Information
A. Federal Agency Name: Department
of Housing and Urban Development
(HUD), Office of the Secretary.
B. Funding Opportunity Title: Policy
requirements applicable to all HUD
NOFAs published during FY2008.
C. Announcement Type: Initial
announcement of the general policy
requirements that apply to all HUD
federal financial assistance NOFAs for
FY2008 issued simultaneous with, or
after the publication of this notice.
D. Funding Opportunity Number: FR–
5200–N–01.
E. Catalog of Federal Domestic
Assistance (CFDA) Number: A CFDA
number is provided for each HUD
federal financial assistance program.
When using ‘‘Apply Step 1’’ on the
Grants.gov Web site to download an
application, you will be asked for the
CFDA number. Please refer to the listing
in this notice or the CFDA number in
the Grants.gov synopsis of the programs
for which you wish to apply when using
the application search feature of
Grants.gov. Use only the CFDA number,
the Funding Competition Identification
Number, or the Funding Opportunity
Number. Using more than one of these
items will result in an error message
indicating that the opportunity cannot
be found.
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F. Dates: The deadline dates that
apply to the federal financial assistance
made available through HUD’s FY2008
NOFAs will be found in the published
NOFAs. Appendix A to this General
Section lists the programs expected to
be included in the FY2008 SuperNOFA.
When published, the SuperNOFA will
contain a revised Appendix A to the
General Section providing the final list
of programs included in the
SuperNOFA, funds available under each
funding opportunity, and key deadline
dates.
G. Additional Overview Content
Information: Unless otherwise stated,
HUD’s general policy requirements set
forth in this notice apply to all HUD
federal financial assistance made
available through HUD’s FY2008
NOFAs. These policies cover all NOFAs
issued for FY2008 funding.
Full Text of Announcement
I. Funding Opportunity Description
This notice describes HUD’s FY2008
policy requirements applicable to all of
HUD’s NOFAs published in FY2008.
Each such NOFA will contain a
description of the specific requirements
for the program for which funding is
made available and each will refer to
applicable policies described in this
General Section. Each program NOFA
will also describe additional procedures
and requirements that apply to the
individual program NOFA, including a
description of the eligible applicants,
eligible activities, threshold
requirements, factors for award, and any
additional program requirements or
limitations. To adequately address all of
the application requirements for any
program for which you intend to apply,
please carefully read and respond to
both this General Section and the
individual program NOFAs.
Authority. HUD’s authority for making
funding available under its FY2008 programs
is identified in each program NOFA.
II. Award Information
Funding Available. Each program
NOFA will identify the estimated
amount of funds available in FY2008
based on available appropriations, plus
funds from previous years available for
award in FY2008. Appendix A to this
General Section lists the programs HUD
expects to be included in the FY2008
SuperNOFA. When published, the
SuperNOFA will contain a revised
Appendix A to the General Section
providing the final list of programs
included in the SuperNOFA, funds
available under each funding
opportunity, and key deadline dates.
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Additional program NOFAs may be
published separately from the FY2008
SuperNOFA.
III. Eligibility Information
A. Eligible Applicants. The individual
program NOFAs describe the eligible
applicants and eligible activities for
each program.
B. Cost Sharing or Matching. The
individual program NOFAs describe the
applicable cost sharing, matching
requirements, or leveraging
requirements related to each program, if
any. Although matching or cost sharing
may not be required, HUD programs
often encourage applicants to leverage
grant funds with other funding to
receive higher rating points.
It is important to note that the
following Office of Management and
Budget (OMB) circulars are applicable,
and particular attention should be given
to the provisions concerning the use of
federal funds for matching
requirements.
OMB Circular A–102 (Grants and
Cooperative Agreements with State and
Local Governments) establishes
consistency and uniformity among
federal agencies in the management of
grants and cooperative agreements with
state, local, and federally recognized
Indian tribal governments. The circular
provides that state and local
administration of federal funds must
include fiscal and administrative
requirements that are sufficiently
specific to ensure that: funds are used
in compliance with all applicable
federal statutory and regulatory
provisions, costs are reasonable and
necessary for operating these programs,
and funds are not to be used for general
expenses required to carry out other
responsibilities of a state or its
subrecipients. HUD’s implementation of
OMB Circular A–102 is found at 24 CFR
part 85.
OMB Circular A–110 (Uniform
Administrative Requirements for Grants
and Agreements with Institutions of
Higher Education, Hospitals, and Other
Non-Profit Organizations) sets forth
standards for obtaining consistency and
uniformity among federal agencies in
the administration of grants and
agreements with institutions of higher
education, hospitals, and other
nonprofit organizations. This circular
specifies the conditions for which funds
may be used for cost sharing or
matching and provides that federal
funds shall not be accepted as cost
sharing or matching, except where
authorized by federal statute to be used
for cost sharing or matching. HUD’s
implementation of OMB Circular A–110
is found at 24 CFR part 84.
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OMB Circular A–87 (2 CFR Part 225)
(Cost Principles for State, Local, and
Indian Tribal Governments) establishes
principles and standards for
determining costs for federal awards
carried out through grants, cost
reimbursement contracts, and other
agreements with state and local
governments and federally recognized
Indian tribal governments
(governmental units). This circular
provides that an allowable cost under a
federal award does not include a cost
sharing or matching requirement of any
other federal award in the applicable
funding period, except as specifically
provided by federal law or regulation.
OMB Circular A–122 (Cost Principles
for Non-Profit Organizations) establishes
principles for determining costs of
grants, contracts, and other agreements
with nonprofit organizations. This
circular provides, similar to OMB
Circular A–87, that an allowable cost
under a federal award does not include
a cost sharing or matching requirement
of any other federally financed program
in the applicable funding period.
Applicants for funding under HUD’s
FY2008 SuperNOFA are reminded of
the importance of confirming that any
federal grant funds that they intend to
use as a matching share are available to
be used as matching funds under
applicable statutes and regulations.
C. Other Requirements and
Procedures Applicable to All Programs.
Except as may be modified in the
individual program NOFAs, the
requirements, procedures, and
principles listed below apply to all HUD
programs in FY2008 for which funding
is announced by NOFA and published
in the Federal Register. Please read the
individual program NOFAs for
additional requirements and
information.
1. Statutory and Regulatory
Requirements. To be eligible for funding
under HUD NOFAs issued during
FY2008, applicants must meet all
statutory and regulatory requirements
applicable to the program or programs
for which they seek funding. Applicants
requiring program regulations may
obtain them from the NOFA Information
Center or through HUD’s Grants Web
site at https://www.hud.gov/offices/adm/
grants/fundsavail.cfm. See the
individual program NOFAs for
instructions on how HUD will respond
to proposed activities that are ineligible.
2. Threshold Requirements
a. Ineligible Applicants. HUD will not
consider an application from an
ineligible applicant.
b. Dun and Bradstreet Data Universal
Numbering System (DUNS) Number
Requirement. All applicants seeking
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funding directly from HUD must obtain
a DUNS number and include the
number in their Application for Federal
Assistance submission. Failure to
provide a DUNS number will prevent
you from obtaining an award, regardless
of whether it is a new award or renewal
of an existing one. This policy is
pursuant to the OMB policy issued in
the Federal Register on June 27, 2003
(68 FR 38402). HUD published its
regulation implementing the DUNS
number requirement on November 9,
2004 (69 FR 65024). A copy of the OMB
Federal Register notice and HUD’s
regulation implementing the DUNS
number can be found on HUD’s Web
site at: https://www.hud.gov/offices/adm/
grants/duns.cfm. When registering with
Dun and Bradstreet, please be sure to
use the organization’s legal name that is
used when filing a return with or
making payments to the Internal
Revenue Service. Organizations should
also provide the zip code using the zip
code plus the four additional digits.
c. Compliance with Fair Housing and
Civil Rights Laws. (1) With the exception
of federally recognized Indian tribes and
their instrumentalities, applicants must
comply with all applicable fair housing
and civil rights requirements in 24 CFR
5.105(a). If you are a federally
recognized Indian tribe, you must
comply with the nondiscrimination
provisions enumerated at 24 CFR
1000.12, as applicable. In addition to
these requirements, there may be
program-specific threshold
requirements identified in the
individual program NOFAs.
(2) If you, the applicant:
(a) Have been charged with an
ongoing systemic violation of the Fair
Housing Act; or
(b) Are a defendant in a Fair Housing
Act lawsuit filed by the Department of
Justice alleging an ongoing pattern or
practice of discrimination; or
(c) Have received a letter of findings
identifying ongoing systemic
noncompliance under Title VI of the
Civil Rights Act of 1964, section 504 of
the Rehabilitation Act of 1973, or
section 109 of the Housing and
Community Development Act of 1974,
and the charge, lawsuit, or letter of
findings referenced in subparagraphs
(a), (b), or (c) above has not been
resolved to HUD’s satisfaction before the
application deadline, then you are
ineligible and HUD will not rate and
rank your application. HUD will
determine if actions to resolve the
charge, lawsuit, or letter of findings
taken before the application deadline
are sufficient to resolve the matter.
Examples of actions that would
normally be considered sufficient to
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resolve the matter include, but are not
limited to:
(i) A voluntary compliance agreement
signed by all parties in response to a
letter of findings;
(ii) A HUD-approved conciliation
agreement signed by all parties;
(iii) A consent order or consent
decree; or
(iv) An issuance of a judicial ruling or
a HUD Administrative Law Judge’s
decision.
d. Conducting Business in
Accordance with Core Values and
Ethical Standards/Code of Conduct.
Applicants subject to 24 CFR parts 84 or
85 (most nonprofit organizations and
state, local, and tribal governments or
government agencies or
instrumentalities that receive federal
awards of financial assistance) are
required to develop and maintain a
written code of conduct (see 24 CFR
84.42 and 85.36(b)(3)). Consistent with
regulations governing specific programs,
your code of conduct must prohibit real
and apparent conflicts of interest that
may arise among officers, employees, or
agents; prohibit the solicitation and
acceptance of gifts or gratuities by your
officers, employees, or agents for their
personal benefit in excess of minimal
value; and outline administrative and
disciplinary actions available to remedy
violations of such standards. Before
entering into an agreement with HUD,
an applicant awarded assistance under
a HUD program NOFA announced in
FY2008 will be required to submit a
copy of its code of conduct and describe
the methods it will use to ensure that all
officers, employees, and agents of its
organization are aware of its code of
conduct. An applicant is prohibited
from receiving an award of funds from
HUD if it fails to meet this requirement
for a code of conduct. An applicant who
previously submitted an application and
included a copy of its code of conduct
will not be required to submit another
copy if the applicant is listed on HUD’s
Web site: https://www.hud.gov/offices/
adm/grants/codeofconduct/cconduct
.cfm, and if the information has not
been revised. An applicant not listed on
the website must submit a copy of its
code of conduct with its FY2008
application for assistance. An applicant
must also include a copy of its code of
conduct if the information listed on the
above website has changed (e.g., the
person who submitted the previous
application is no longer your authorized
organization representative, the
organization has changed its legal name
or merged with another organization, or
the address of the organization has
changed, etc.). Any applicant that needs
to may submit its code of conduct to
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HUD via facsimile using the form HUD–
96011, ‘‘Facsimile Transmittal’’ (‘‘Third
Party Documentation Facsimile
Transmittal’’ on Grants.gov) at the time
of application submission. When using
the facsimile transmittal form, please
type the requested information. Use the
form HUD–96011 as the cover page for
the submission and include the
following header in the top line of the
form under Name of Document Being
Requested: ‘‘Code of Conduct for (insert
your organization’s name, city, and
state).’’ Fax the information to HUD’s
toll-free number at (800) 894–4047. If
you cannot access the 800 number or
have problems, you may use (215) 825–
8796 (this is not a toll-free number).
These are new numbers for FY2008
applications only. HUD is transitioning
to a new system for intake of grants from
Grants.gov and it needs to separate faxes
received for FY2008 grants from those
received in FY2007 and prior years
while it makes this transition. If you use
the wrong fax number, your fax will be
entered as part of HUD’s FY2007
database. HUD cannot search its FY2007
database to match FY2008 faxes to
FY2008 applications. As a result, your
application will be reviewed without
faxed information if you fail to use the
FY2008 fax numbers.
e. Delinquent Federal Debts. It is HUD
policy that applicants with an
outstanding federal debt will not be
eligible to receive an award of funds
from the Department unless: (1) A
negotiated repayment schedule is
established and the repayment schedule
is not delinquent, or (2) other
arrangements satisfactory to HUD are
made prior to the award of funds by
HUD.
If arrangements satisfactory to HUD
cannot be completed within 90 days of
notification of selection, HUD will not
make an award of funds to the
applicant, but offer the award to the
next eligible applicant. Applicants
selected for funding, or awarded funds,
have an obligation to report to HUD
changes in status of current agreements
covering federal debt. HUD may
withhold funding, terminate an award,
or seek other remedies from a grantee if
a previously agreed-upon payment
schedule has not been adhered to or a
new agreement with the federal agency
to which the debt is owed has not been
signed.
f. Pre-Award Accounting System
Surveys. HUD may arrange for a preaward survey of the applicant’s
financial management system if the
recommended applicant has no prior
federal support, if HUD’s program
officials have reason to question
whether the applicant’s financial
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management system meets federal
financial management standards, or if
the applicant is considered a high risk
based upon past performance or
financial management findings. HUD
will not disburse funds to any applicant
that does not have a financial
management system that meets federal
standards. (Please see 24 CFR 84.21 if
you are an institution of higher
education, hospital, or other nonprofit
organization. See 24 CFR 85.20 if you
are a state, local government, or
federally recognized Indian tribe).
g. Name Check Review. Applicants
are subject to a name check review
process. Name checks are intended to
reveal matters that significantly reflect
on the applicant’s management and
financial integrity, including if any key
individual has been convicted or is
presently facing criminal charges. If the
name check reveals significant adverse
findings that reflect on the business
integrity or responsibility of the
applicant or any key individual, HUD
reserves the right to: (1) Deny funding
or consider suspension or termination of
an award immediately for cause, (2)
require the removal of any key
individual from association with
management or implementation of the
award, and (3) make appropriate
provisions or revisions with respect to
the method of payment or financial
reporting requirements.
h. False Statements. A false statement
in an application is grounds for denial
or termination of an award and possible
punishment, as provided in 18 U.S.C.
1001.
i. Prohibition Against Lobbying
Activities. Applicants are subject to the
provisions of section 319 of Public Law
101–121 (approved October 23, 1989)
(31 U.S.C. 1352) (the Byrd Amendment),
which prohibits recipients of federal
contracts, grants, or loans from using
appropriated funds for lobbying the
executive or legislative branches of the
federal government in connection with
a specific contract, grant, or loan. In
addition, applicants must disclose,
using Standard Form LLL (SF–LLL),
‘‘Disclosure of Lobbying Activities,’’ any
funds, other than federally appropriated
funds, that will be or have been used to
influence federal employees, members
of Congress, or congressional staff
regarding specific grants or contracts.
Federally recognized Indian tribes and
tribally designated housing entities
(TDHEs) established by federally
recognized Indian tribes as a result of
the exercise of the tribe’s sovereign
power are excluded from coverage of the
Byrd Amendment, but state-recognized
Indian tribes and TDHEs established
only under state law must comply with
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this requirement. Applicants must
submit the SF–LLL if they have used or
intend to use federal funds for lobbying
activities.
j. Debarment and Suspension. In
accordance with 24 CFR part 24, no
award of federal funds may be made to
applicants that are presently debarred or
suspended, or proposed to be debarred
or suspended, from doing business with
the federal government.
3. Other Threshold Requirements. The
individual program NOFAs for which
you are applying may specify other
threshold requirements. Additional
threshold requirements may be
identified in the discussion of
‘‘eligibility’’ requirements in the
individual program NOFAs. If a
program NOFA requires a certification
of consistency with the Consolidated
Plan and the applicant fails to provide
a certification, and such failure is not
cured as a technical deficiency, HUD
will not fund the application. If HUD is
provided a signed certification
indicating consistency with the area’s
approved Consolidated Plan and HUD
finds that the activities are not
consistent with the Consolidated Plan,
HUD will not fund the inconsistent
activities or will deny funding the
application if a majority of the activities
are not consistent with the approved
Consolidated Plan. The determination
not to fund an activity or to deny
funding may be determined by a
number of factors, including the number
of activities being proposed, the impact
of the elimination of the activities on
the proposal, or the percent of the
budget allocated to the proposed
activities.
4. Additional Nondiscrimination and
Other Requirements. Applicants and
their subrecipients must comply with:
a. Civil Rights Laws, including the
Americans with Disabilities Act of 1990
(42 U.S.C. 1201 et seq.), the Age
Discrimination Act of 1974 (42 U.S.C.
6101 et seq.), and Title IX of the
Education Amendments Act of 1972 (20
U.S.C. 1681 et seq.).
b. Affirmatively Furthering Fair
Housing. Under section 808(e)(5) of the
Fair Housing Act, HUD has a statutory
duty to affirmatively further fair
housing. HUD requires the same of its
funding recipients. If you are a
successful applicant, you will have a
duty to affirmatively further fair housing
opportunities for classes protected
under the Fair Housing Act. Protected
classes include race, color, national
origin, religion, sex, disability, and
familial status. Unless otherwise
instructed in the individual program
NOFA, your application must include
specific steps to:
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(1) Overcome the effects of
impediments to fair housing choice that
were identified in the jurisdiction’s
Analysis of Impediments (AI) to Fair
Housing Choice (See Certification
requirements under 24 CFR 91.225);
(2) Remedy discrimination in
housing; and
(3) Promote fair housing rights and
fair housing choice.
Further, you, the applicant, have a
duty to carry out the specific activities
provided in your responses to the
individual program NOFA rating factors
that address affirmatively furthering fair
housing. These requirements apply to
all HUD programs announced via a
NOFA, unless specifically excluded in
the individual program NOFA.
c. Economic Opportunities for Lowand Very Low-Income Persons (Section
3). Certain programs to be issued during
FY2008 require recipients of assistance
to comply with Section 3 of the Housing
and Urban Development Act of 1968
(Section 3), 12 U.S.C. 1701u (Economic
Opportunities for Low- and Very LowIncome Persons in Connection with
Assisted Projects), and the HUD
regulations at 24 CFR part 135. Review
the individual program NOFAs to
determine if section 3 applies to the
program for which you are seeking
funding. Section 3 requires recipients to
ensure, to the greatest extent feasible,
that training, employment, and other
economic opportunities will be directed
to low- and very-low income persons,
particularly those who are recipients of
government assistance for housing, and
to business concerns that provide
economic opportunities to low- and
very low-income persons in the area in
which the project is located. The section
3 regulations at 24 CFR part 135,
subpart E, impose certain reporting
requirements on recipients, including
the submission of an annual report,
using form HUD–60002 or HUD’s online
system at: https://www.hud.gov/offices/
fheo/section3/section3.cfm.
The annual report is highly important
to the Department in determining
compliance with section 3. Applicants
are notified that the Department is
currently reviewing the section 3
reporting requirements to assess
whether, in FY2009, penalties should be
imposed, including ineligibility to have
funds awarded, if the annual report has
not been submitted in accordance with
the regulations. If the department
decides to allow this type of penalty for
failure to submit the section 3 annual
report, the public will be provided
advance notification and have the
opportunity to comment.
d. Ensuring the Participation of Small
Businesses, Small Disadvantaged
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Businesses, and Women-Owned
Businesses. HUD is committed to
ensuring that small businesses, small
disadvantaged businesses, and womenowned businesses participate fully in
HUD’s direct contracting and in
contracting opportunities generated by
HUD financial assistance. Too often,
these businesses still experience
difficulty accessing information and
successfully bidding on federal
contracts. State, local, and tribal
governments are required by 24 CFR
85.36(e) and nonprofit recipients of
assistance (grantees and subgrantees) by
24 CFR 84.44(b) to take all necessary
affirmative steps in contracting for the
purchase of goods or services to assure
that minority firms, women-owned
business enterprises, and labor surplus
area firms are used whenever possible
or as specified in the individual
program NOFAs.
e. Real Property Acquisition and
Relocation. Unless otherwise specified
by legislation or regulation, HUDassisted programs or projects are subject
to the Uniform Relocation Assistance
and Real Property Acquisition Policies
Act of 1970, as amended (Uniform Act
or URA) (42 U.S.C. 4601), and the
governmentwide implementing
regulations issued by the U.S.
Department of Transportation at 49 CFR
part 24. The Uniform Act’s protections
and assistance apply to acquisitions of
real property and displacements
resulting from the acquisition,
rehabilitation, or demolition of real
property for federal or federally assisted
programs or projects. With certain
limited exceptions, real property
acquisitions for a HUD-assisted program
or project must comply with 49 CFR
part 24, subpart B. To be exempt from
the URA’s acquisition policies, real
property acquisitions conducted
without the threat or use of eminent
domain, commonly referred to as
‘‘voluntary acquisitions,’’ must satisfy
the applicable requirements of 49 CFR
24.101(b)(1) through (5). Evidence of
compliance with these requirements
must be maintained by the recipient.
The URA’s relocation requirements
remain applicable to any tenant(s) who
are displaced by an acquisition and who
meet the requirements of 49 CFR
24.101(b)(1) through (5).
The relocation requirements of the
Uniform Act, and its implementing
regulations at 49 CFR part 24, cover any
person who moves permanently from
real property or moves personal
property from real property as a direct
result of acquisition, rehabilitation, or
demolition for a program or project
receiving HUD assistance. While there
are no statutory provisions for
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‘‘temporary relocation’’ under the URA,
the URA regulations recognize that there
are circumstances where a person will
not be permanently displaced but may
need to be moved from a project for a
short period of time. Appendix A of the
URA regulation (49 CFR
24.2(a)(9)(ii)(D)) explains that any
tenant who has been temporarily
relocated for a period beyond one year
must be contacted by the displacing
agency and offered URA relocation
assistance. Some HUD program
regulations provide additional
protections for temporarily relocated
tenants. For example, 24 CFR
583.310(f)(1) provides guidance on
temporary relocation for the Supportive
Housing program for the homeless.
Before planning their project, applicants
should review the regulations for the
programs for which they are applying.
Generally, the URA does not apply to
displacements resulting from the
demolition or disposition of public
housing covered by section 18 of the
United States Housing Act of 1937.
Additional information and resources
pertaining to real property acquisition
and relocation for HUD-funded
programs and projects are available on
HUD’s Real Estate Acquisition and
Relocation Web site at: https://
www.hud.gov/relocation. You will find
applicable laws and regulations, policy
and guidance, publications, training
resources, and a listing of HUD contacts
if you have questions or need assistance.
f. Executive Order 13166, ‘‘Improving
Access to Services for Persons with
Limited English Proficiency (LEP).’’
Executive Order 13166 seeks to improve
access to federally assisted services,
programs, and benefits for individuals
with limited English proficiency.
Applicants obtaining an award from
HUD must seek to provide access to
program benefits and information to
LEP individuals through language
assistance services, in accordance with
Final Guidance to Federal Financial
Assistance Recipients Regarding Title VI
Prohibition Against National Origin
Discrimination Affecting Limited
English Proficient Persons published in
the Federal Register on January 22,
2007 (72 FR 2732). For assistance and
information regarding LEP obligations,
go to https://www.hud.gov/offices/fheo/
promotingfh/lep.cfm. A link to the final
guidance issued in the Federal Register
can be found on that page.
g. Executive Order 13279, ‘‘Equal
Protection of the Laws for Faith-Based
and Community Organizations.’’ HUD is
committed to full implementation of
Executive Order 13279. The Executive
Order established fundamental
principles and policymaking criteria to
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guide federal agencies in formulating
and developing policies that have
implications for faith-based and
community organizations to ensure the
equal protection for these organizations
in social service programs receiving
federal financial assistance. Consistent
with this order, HUD has undertaken a
review of all policies and regulations
that have implications for faith-based
and community organizations and has
established a policy priority to provide
full and equal access to grassroots faithbased and other community
organizations in HUD program
implementation. HUD revised its
program regulations in 2003 and 2004 to
remove the barriers to participation by
faith-based organizations in HUD
funding programs (68 FR 56396,
September 30, 2003; 69 FR 41712, July
9, 2004; and 69 FR 62164, October 22,
2004). Copies of the regulatory changes
can be found at: https://www.hud.gov/
offices/adm/grants/fundsavail.cfm.
h. Accessible Technology. Section 508
of the Rehabilitation Act (Section 508)
requires HUD and other federal
departments and agencies to ensure,
when developing, procuring,
maintaining, or using electronic and
information technology (EIT), that the
EIT allow, regardless of the type of
medium, persons with disabilities to
access and use information and data on
a comparable basis as is made available
to and used by persons without
disabilities. Section 508’s coverage
includes, but is not limited to,
computers (hardware, software, word
processing, email, and Internet sites),
facsimile machines, copiers, and
telephones. Among other things, section
508 requires that, unless an undue
burden would result to the federal
department or agency, EIT must allow
individuals with disabilities who are
federal employees or members of the
public seeking information or services
to have access to and use information
and data on a comparable basis as that
made available to employees and
members of the public who are not
disabled. Where an undue burden exists
to the federal department or agency,
alternative means may be used to allow
a disabled individual use of the
information and data. Section 508 does
not require that information services be
provided at any location other than a
location at which the information
services are generally provided. HUD
encourages its funding recipients to
adopt the goals and objectives of section
508 by ensuring, whenever EIT is used,
procured, or developed, that persons
with disabilities have access to and use
of the information and data made
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available through the EIT on a
comparable basis as is made available to
and used by persons without
disabilities. This does not affect
recipients’ required compliance with
section 504 of the Rehabilitation Act
and, where applicable, the Americans
with Disabilities Act.
i. Procurement of Recovered
Materials. State agencies and agencies of
a political subdivision of a state that are
using assistance under a HUD program
NOFA for procurement, and any person
contracting with such an agency with
respect to work performed under an
assisted contract, must comply with the
requirements of section 6002 of the
Solid Waste Disposal Act, as amended
by the Resource Conservation and
Recovery Act.
In accordance with section 6002,
these agencies and persons must
procure items designated in guidelines
of the Environmental Protection Agency
(EPA) at 40 CFR part 247 that contain
the highest percentage of recovered
materials practicable, consistent with
maintaining a satisfactory level of
competition, where the purchase price
of the item exceeds $10,000 or the value
of the quantity acquired in the
preceding fiscal year exceeded $10,000;
must procure solid waste management
services in a manner that maximizes
energy and resource recovery; and must
have established an affirmative
procurement program for procurement
of recovered materials identified in the
EPA guidelines.
j. Participation in HUD-Sponsored
Program Evaluation. As a condition of
the receipt of financial assistance under
a HUD program NOFA, all successful
applicants will be required to cooperate
with all HUD staff or contractors who
perform HUD-funded research or
evaluation studies.
k. Executive Order 13202,
‘‘Preservation of Open Competition and
Government Neutrality Towards
Government Contractors’ Labor
Relations on Federal and Federally
Funded Construction Projects.’’
Compliance with HUD regulations at 24
CFR 5.108 that implement Executive
Order 13202 is a condition of receipt of
assistance under a HUD program NOFA.
l. Salary Limitation for Consultants.
FY2008 funds may not be used to pay
or to provide reimbursement for
payment of the salary of a consultant,
whether retained by the federal
government or the grantee, at a rate
more than the equivalent of General
Schedule 15, Step 10 base pay rate for
which the annual rate for FY2008 is
$124,010. The hourly rate is $57.90.
m. OMB Circulars and
Governmentwide Regulations
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Applicable to Financial Assistance
Programs. Certain OMB Circulars (2
CFR 225) also apply to HUD programs
in the SuperNOFA. The policies,
guidance, and requirements of OMB
Circulars A–87 (Cost Principles
Applicable to Grants, Contracts and
Other Agreements with State and Local
Governments), A–21 (Cost Principles for
Education Institutions), A–122 (Cost
Principles for Non-profit Organizations),
A–133 (Audits of States, Local
Governments, and Non-Profit
Organizations), and the regulations at 24
CFR part 84 (Grants and Agreements
with Institutions of Higher Education,
Hospitals, and other Non-Profit
Organizations), and 24 CFR part 85
(Administrative Requirements for
Grants and Cooperative Agreements to
State, Local, and Federally Recognized
Indian Tribal Governments) may apply
to the award, acceptance, and use of
assistance under the individual program
NOFAs of the SuperNOFA, and to the
remedies for noncompliance, except
when inconsistent with the provisions
of HUD’s appropriations act for FY2008,
other federal statutes or regulations, or
the provisions of this notice.
Compliance with additional OMB
circulars or governmentwide regulations
may be specified for a particular
program in the Program Section of the
SuperNOFA. Copies of the OMB
circulars may be obtained from https://
www.whitehouse.gov/omb/circulars/
index.html, or the Executive Office of
the President Publications, New
Executive Office Building, Room 2200,
Washington, DC 20503; telephone (202)
395–3080 (this is not a toll-free
number). Individuals with speech or
hearing impairments may access this
number by dialing (800) 877–8339 (tollfree TTY Federal Information Relay
Service).
n. Environmental Requirements. If
you become a recipient under a HUD
program that assists in physical
development activities or property
acquisition, you are generally prohibited
from acquiring, rehabilitating,
converting, demolishing, leasing,
repairing, or constructing property, or
committing or expending HUD or nonHUD funds for these types of program
activities, until one of the following has
occurred:
(1) HUD has completed an
environmental review in accordance
with 24 CFR part 50; or
(2) For programs subject to 24 CFR
part 58, HUD has approved a recipient’s
Request for Release of Funds (form
HUD–7015.15) following a Responsible
Entity’s completion of an environmental
review.
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You, the applicant, should consult the
individual program NOFA for any
program for which you are interested in
applying to determine the procedures
for, timing of, and any modifications or
exclusions from environmental review
under a particular program.
o. Conflicts of Interest. If you are a
consultant or expert who is assisting
HUD in rating and ranking applicants
for funding under the SuperNOFA or
future NOFAs published in FY2008, you
are subject to 18 U.S.C. 208, the federal
criminal conflict-of-interest statute, and
the Standards of Ethical Conduct for
Employees of the Executive Branch
regulation published at 5 CFR part 2635.
As a result, if you have assisted or plan
to assist applicants with preparing
applications for programs in the
SuperNOFA or NOFAs published in
FY2008, you may not serve on a
selection panel and you may not serve
as a technical advisor to HUD. Persons
involved in rating and ranking HUD
FY2008 NOFAs, including experts and
consultants, must avoid conflicts of
interest or the appearance of such
conflicts. Persons involved in rating and
ranking applications must disclose to
HUD’s General Counsel or HUD’s Ethics
Law Division the following information,
if applicable: How the selection or
nonselection of any applicant under
FY2008 NOFAs will affect the
individual’s financial interests, as
provided in 18 U.S.C. 208, or how the
application process involves a party
with whom the individual has a covered
relationship under 5 CFR 2635.502. The
person must disclose this information
before participating in any matter
regarding a FY2008 NOFA. If you have
questions regarding these provisions or
concerning a conflict of interest, you
may call the Office of General Counsel,
Ethics Law Division, at (202) 708–3815
(this is not a toll-free number).
p. Drug-Free Workplace. Applicants
awarded funds from HUD are required
to provide a drug-free workplace.
Compliance with this requirement
means that the applicant will:
(1) Publish a statement notifying
employees that it is unlawful to
manufacture, distribute, dispense,
possess, or use a controlled substance in
the applicant’s workplace and that such
activities are prohibited. The statement
must specify the actions that will be
taken against employees for violation of
this prohibition. The statement must
also notify employees that, as a
condition of employment under the
federal award, they are required to abide
by the terms of the statement and that
each employee must agree to notify the
employer in writing of any violation of
a criminal drug statute occurring in the
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workplace no later than 5 calendar days
after such violation;
(2) Establish an ongoing drug-free
awareness program to inform employees
about:
(a) The dangers of drug abuse in the
workplace;
(b) The applicant’s policy of
maintaining a drug-free workplace;
(c) Any available drug counseling,
rehabilitation, or employee maintenance
programs; and
(d) The penalties that may be imposed
upon employees for drug abuse
violations occurring in the workplace;
(3) Notify the federal agency in
writing within 10 calendar days after
receiving notice from an employee of a
drug abuse conviction or otherwise
receiving actual notice of a drug abuse
conviction. The notification must be
provided in writing to HUD’s Office of
Departmental Grants Management and
Oversight, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Room 3156, Washington DC
20410–3000, along with the following
information:
(a) The program title and award
number for each HUD award covered;
(b) The HUD staff contact name,
telephone, and fax numbers; and
(c) A grantee contact name, telephone,
and fax numbers; and
(4) Require that each employee
engaged in the performance of the
federally funded award be given a copy
of the drug-free workplace statement
required in item (1) above and notify the
employee that one of the following
actions will be taken against the
employee within 30 calendar days of
receiving notice of any drug abuse
conviction:
(a) Institution of a personnel action
against the employee, up to and
including termination consistent with
requirements of the Rehabilitation Act
of 1973, as amended; or
(b) Imposition of a requirement that
the employee participate satisfactorily
in a drug abuse assistance or
rehabilitation program approved for
such purposes by a federal, state, or
local health, law enforcement, or other
appropriate agency.
q. Safeguarding Resident/Client Files.
In maintaining resident and client files,
HUD funding recipients shall observe
state and local laws concerning the
disclosure of records that pertain to
individuals. Further, recipients are
required to adopt and take reasonable
measures to ensure that resident and
client files are safeguarded. This
includes when reviewing, printing, or
copying client files.
r. Compliance with the Federal
Funding Accountability and
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Transparency Act of 2006 (Pub. L. 109–
282) (Transparency Act). Applicants
receiving an award from HUD should be
aware of the requirements of the
Transparency Act. The Transparency
Act requires the establishment of a
central website that makes information
available to the public regarding entities
receiving federal financial assistance, by
not later than January 1, 2008. In
fulfillment of the requirements of the
Act, OMB launched https://
www.USAspending.gov in December
2007. The website makes information
available to the public on the direct
awards made by the federal government.
The Transparency Act also requires,
beginning not later than January 2009,
that data on subawards be made
available on the same website. In
anticipation of the implementation of
this requirement, HUD is placing
awardees of its FY2008 competitive
funding on notice of these requirements
and note that once implemented,
grantees will be required to report their
subaward data to HUD or a central
federal database. The only exceptions to
this requirement under the Act are: (i)
Federal transactions below $25,000, (ii)
credit card transactions prior to October
1, 2008, (iii) awards to entities that
demonstrate to the Director of OMB that
the gross income of such entity from all
sources did not exceed $300,000 in the
previous tax year of such entity, and (iv)
awards to individuals. Guidance for
receiving an exception under item (iii)
above has not been finalized by OMB.
HUD is responsible for placing award
information for direct grantees on the
government website. The reporting of
subaward data is the responsibility of
the grantee. Grantees should be aware
that the law requires the information
provided on the federal website to
include the following elements related
to all subaward transactions, except as
noted above:
(1) The name of the entity receiving
the award;
(2) The amount of the award;
(3) Information on the award
including the transaction type, funding
agency, the North American Industry
Classification System code or Catalog of
Federal Domestic Assistance (CFDA)
number (where applicable), program
source, and an award title descriptive of
the purpose of each funding action;
(4) The location of the entity receiving
the award and primary location of
performance under the award, including
the city, state, congressional district,
and country;
(5) A unique identifier of the entity
receiving the award and of the parent
entity of the recipient (the DUNS
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number), should the entity be owned by
another entity; and
(6) Any other relevant information
specified by OMB.
HUD expects OMB to issue further
guidance on subaward reporting during
FY2008. Based on preliminary input
from the various federal agencies,
applicants should be aware that
consideration is being given to requiring
the disclosure of additional data
elements to help track the flow of
funding from the original federal award.
Such data elements under consideration
include the tier at which the subaward
was made, the federal award number
issued to the direct awardee, the dollar
amount of the federal award emanating
from the direct award going to the
subawardee, as well as the total
subaward amount, which could include
funds from other sources. Additional
information regarding these
requirements will be issued by OMB
and will be provided when available.
IV. Application and Submission
Information
A. Addresses To Request Application
Package
This section describes how applicants
may obtain application forms and
request technical assistance.
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1. Technical Assistance and Resources
for Electronic Grant Applications
a. Grants.gov Customer Support.
Grants.gov provides customer support
information on its Web site at: https://
www.grants.gov/contactus/
contactus.jsp. Applicants having
difficulty accessing the application and
instructions or having technical
problems can receive customer support
from Grants.gov by calling (800) 518–
GRANTS (this is a toll-free number) or
by sending an e-mail to
support@grants.gov. The customer
support center is open from 7 a.m. to 9
p.m. eastern time, Monday through
Friday, except federal holidays. The
customer service representatives will
assist applicants in accessing the
information and addressing technology
issues.
b. HUD Website. The following
documents and information can be
found at HUD’s Web site at: https://
www.hud.gov/offices/adm/grants/
fundsavail.cfm.
(1) Desktop Users Guide for
Submitting Electronic Grant
Applications. HUD has published on its
Web site a detailed Desktop Users Guide
that walks applicants through the
electronic process, beginning with
finding a funding opportunity,
completing the registration process, and
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downloading and submitting the
electronic application. The guide
includes helpful step-by-step
instructions, screen shots, and tips to
assist applicants in becoming familiar
with submitting applications
electronically.
(2) Connecting with Communities: A
User’s Guide to HUD Programs and the
FY2008 NOFA Process Guidebook. This
guidebook to HUD programs will be
available from the HUD NOFA
Information Center and at the HUD’s
Funds Available Web site at: https://
www.hud.gov/offices/adm/grants/
fundsavail.cfm after the publication of
the SuperNOFA. The guidebook
provides a brief description of all HUD
programs that have funding available in
FY2008, identifies eligible applicants
for the programs, and the program office
responsible for the administration of the
program.
(3) NOFA Webcasts. HUD provides
technical assistance and training on its
programs announced through its
NOFAs. The NOFA broadcasts are
interactive and allow potential
applicants to obtain a better
understanding of the threshold,
program, and application submission
requirements for funding. Participation
in this training opportunity is free of
charge and can be accessed via HUD’s
website. The NOFA webcast schedule
can be found via HUD’s Web site at:
https://www.hud.gov/webcasts/
index.cfm.
c. HUD’s NOFA Information Center.
Applicants that do not have Internet
access and need to obtain a copy of a
NOFA can contact HUD’s NOFA
Information Center, toll free, at (800)
HUD–8929. Persons with hearing or
speech impairments may access this
number, toll free, via TTY by calling the
Federal Information Relay Service at
(800) 877–8339. The NOFA Information
Center is open between the hours of 10
a.m. and 6:30 p.m. eastern time,
Monday through Friday, except federal
holidays.
d. HUD Staff. HUD staff will be
available to provide you with general
guidance and technical assistance about
this notice or about individual program
NOFAs. However, HUD staff is not
permitted to help prepare your
application. Following selection of
applicants, but before announcement of
awards, HUD staff is available to assist
in clarifying or confirming information
that is a prerequisite to the offer of an
award or annual contributions contract
(ACC) by HUD. If you have programrelated questions, follow the
instructions in section VII of the
Program Section entitled ‘‘Agency
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Contact(s)’’ in the program NOFA under
which you are applying.
B. Content and Form of Application
Submission
1. Use of Adobe Forms Application
Packages. In FY2008, HUD is using
Adobe Forms in the application
packages available from Grants.gov. The
Adobe Forms packages are compatible
with the Microsoft Windows Vista
operating system, Apple Macintosh
computers, and Microsoft Office 2007.
For more information, see the
Grants.gov Web site at: https://
www.grants.gov/assets/
Vista_and_office_07_Compatibility.pdf.
2. Instructions on How to Register for
Electronic Application Submission.
Applicants must submit their
applications electronically through
Grants.gov. Before you can do so, you
must complete several important steps
to register as a submitter. The
registration process can take
approximately 2 to 4 weeks to complete.
Therefore, registration should be done
in sufficient time before you submit
your application. To register, applicants
must complete five sequential steps as
follows:
a. Step One: Obtain a Dun and
Bradstreet Data Universal Numbering
System (DUNS). Step One of the
registration process requires an
applicant to obtain a DUNS number for
the organizational entity for which it
will be submitting the application. All
organizations seeking funding directly
from HUD must have a DUNS number
and include the number on the form
SF–424, Application for Federal
Financial Assistance, which is part of
the application package. The DUNS
number is also required as part of the
registration process. If your
organizational entity already has a
DUNS number, it may use that number,
provided it is registered with Dun and
Bradstreet (D&B) as required by this
notice. Failure to provide a DUNS
number will prevent you from obtaining
an award, regardless of whether it is a
new award or renewal of an existing
one. This policy is pursuant to OMB
policy issued in the Federal Register on
June 27, 2003 (68 FR 38402). HUD
codified the DUNS number requirement
on November 9, 2004 (69 FR 65024). A
copy of the OMB Federal Register
notice and HUD’s regulation codifying
the DUNS number requirement can be
found at: https://www.hud.gov/offices/
adm/grants/duns.cfm. Applicants
cannot submit an application without a
DUNS number.
Applicants must note that applicant
information entered and used to obtain
the DUNS number will be used to pre-
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populate the Central Contractor
Registration (CCR), which is Step Two of
the registration process. Applicants
should, therefore, carefully review
information entered when obtaining a
DUNS number. When registering with
D&B, please be sure to use the
organizational entity’s legal name used
when filing a return or making a
payment to the Internal Revenue Service
(IRS). Organizations should also provide
the zip code using the Zip Code plus
four (Zip+4) code.
Applicants can obtain a DUNS
number by calling (866) 705–5711 (this
is a toll-free number). The approximate
time to get a DUNS number is 10 to 15
minutes, and there is no charge. After
obtaining your DUNS number,
applicants should wait 24 to 48 hours to
register with the CCR so that its DUNS
number has time to become activated in
the D&B records database.
b. Step Two: Register with the CCR.
The second step of the registration
process is registering with the CCR. The
CCR is the primary vendor database for
the federal government. An organization
planning to submit a grant application
must register, or annually update or
renew its registration, with CCR to
establish roles and IDs for
representatives that will use Grants.gov
to submit electronic grant applications.
If you need assistance with the CCR
registration process, you can contact the
CCR Assistance Center, 24 hours a day,
7 days a week at (888) 227–2423 or (269)
961–5757. Applicants can also obtain
assistance online at: https://www.ccr.gov.
A CCR Handbook that guides applicants
through the registration process is
available on the CCR website by clicking
on ‘‘Help.’’ If you fail to update/renew
your CCR registration, your Grants.gov
registration will lapse and you will not
be able to submit an application for
funding. Registration, including update/
renewal, can take several weeks,
because CCR compares its records to
those maintained by D&B and the IRS.
If discrepancies arise, Step Two cannot
be completed until the discrepancies are
resolved. For this reason, HUD urges
applicants to complete the CCR
registration, or update/renew its existing
registration, immediately. Otherwise,
the CCR’s check with D&B and IRS
records may delay your completing the
registration process and adversely affect
your ability to submit your grant
application.
The CCR registration process consists
of completing a Trading Partner Profile
(TPP), which contains general,
corporate, and financial information
about your organization. When
completing the TPP, you will be
required to identify an eBusiness Point
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of Contact (eBusiness POC) responsible
for maintaining the information in the
TPP and granting authorization to
individuals to serve as Authorized
Organization Representatives (AORs).
An AOR is the individual who will
submit the application through
Grants.gov for the applicant
organization. Applicants can check the
CCR registration and eBusiness POC by
going to https://www.ccr.gov and
searching by clicking on ‘‘Search CCR.’’
(1) CCR Use of D&B Information. In
July 2006, CCR implemented a policy
change. Under this policy change,
instead of obtaining name and address
information directly from the registrant,
CCR obtains the following data fields
from D&B: Legal Business Name; Doing
Business as Name (DBA); Physical
Address; and Postal Code (Zip+4).
Registrants will not be able to enter or
modify these fields in CCR because they
will be pre-populated using previously
registered D&B Data Universal
Numbering System (DUNS) records
data. During a new registration, or when
updating a record, the registrant has a
choice to accept or reject the
information provided from the D&B
records. If the registrant agrees with the
D&B-supplied information, the D&B
data will be accepted into the CCR
registrant record. If the registrant
disagrees with the D&B-supplied data,
the registrant must go to the D&B Web
site at: https://fedgov.dnb.com/webform
to modify the information contained in
D&B’s records before proceeding with
its CCR registration. Once D&B confirms
the updated information, the registrant
must revisit the CCR website and
‘‘accept’’ D&B’s changes. Only at this
point will the D&B data be accepted into
the CCR record. This process can take
up to 2 business days for D&B to send
modified data to CCR, and that time
frame may be longer if data is sent from
abroad.
(2) CCR EIN/TIN Validation. To
complete your CCR registration and
qualify as a vendor eligible to bid for
federal government contracts or apply
for federal grants, the EIN/TIN and
Employer/Taxpayer Name combination
you provide in the IRS Consent Form
must match exactly to the EIN/TIN and
Employer/Taxpayer Name used in
federal tax matters. It will take 1 to 2
business days to validate new and
updated records prior to becoming
active in CCR. Please be sure that the
data items provided to D&B match
information provided to the IRS. If the
registration in D&B and the CCR do not
match the IRS information, an error
message will result. Until the
discrepancies have been resolved, your
registration will not be completed. HUD
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recommends that applicants carefully
review their D&B and CCR registration
information for accuracy immediately
upon publication of this notice. If you
have questions about your EIN/TIN, call
(800) 829–4933 (toll-free number).
(3) Detailed Steps to Register with
CCR. The following is a step-by-step
guide to help you register with CCR. As
noted, additional assistance is available
online at https://www.ccr.gov.
(a) Go to https://www.ccr.gov. Once on
the site, on the left side of the screen,
click ‘‘Start New Registration.’’ At the
‘‘Start a New Registration’’ screen, of the
three choices, please select ‘‘I am not a
U.S. Federal Government entity.’’ Click
‘‘Continue.’’
Note: CCR registration is NOT required for
individuals. Applicants should be aware that
HUD does not directly fund individuals
through its NOFA process.
(b) The next screen provides review
items that must be completed before
continuing in CCR. After you review the
information and all items have been
completed, click ‘‘Continue with
Registration.’’
(c) To begin your registration with
CCR, enter your DUNS number and
click ‘‘Next.’’
(d) At the next screen, ‘‘New
Registration,’’ you will be prompted to
enter your DUNS number. Then click
‘‘Next.’’ The next ‘‘New Registration’’
screen displays your DUNS number.
You will be prompted to enter your
organization information, e.g., name,
address, etc. If the information you
inputted does not match that contained
in the D&B record for the DUNS number
provided, the system will state: ‘‘Try
again by correcting your input below’’
or ‘‘Contact D&B to make a change to
your D&B DUNS record.’’
(e) The next page of ‘‘New
Registration’’ is ‘‘Verify Your Results
with D&B.’’ Here you will be asked, ‘‘Is
this information correct?’’ After
ensuring the accuracy of the
information, click on ‘‘Accept/Continue
or Cancel.’’
(f) If you ‘‘Accept/Continue,’’ your
confirmation number will be displayed.
This is a temporary number that allows
you to save your registration as a work
in progress. Print this page. Your
temporary number along with your
DUNS number will let you access CCR
to complete your registration at a later
date.
(g) Continuing your registration from
the Confirmation page, click
‘‘Continue.’’
(h) ‘‘How To Complete Your
Registration’’ is the next page. Once you
have reviewed the information and it is
correct, click ‘‘continue.’’
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(i) The ‘‘General Information’’ page is
the next screen. On this page you will
need to complete all the required
information.
(j) Creating a Marketing Partner ID
Number (MPIN). The final step in
creating your Trading Partner Profile
(TPP) requires that you create a
Marketing Partner ID Number (MPIN).
The MPIN is a self-defined nine
character password that the eBusiness
POC will need to access Grants.gov to
authorize an AOR to be able to submit
a grant application.
(k) Registration Notification. If your
registration was submitted successfully,
you will receive two letters via regular
mail or e-mail. The first welcomes you
to CCR and includes a copy of your
registration. The second contains your
confidential Trading Partner
Identification Number (TPIN). Receipt
of your TPIN confirms that you are
successfully registered in CCR and
serves as your confidential password to
change CCR information.
(4) Current Registrants Without an
MPIN. If you currently have an active
registration in CCR and you do not have
an MPIN, you will need to do the
following:
(a) Access the CCR Web site at:
https://www.ccr.gov. At the left margin,
click on ‘‘Update or Renew
Registration.’’
(b) Select ‘‘I am not a U.S. Federal
Government entity.’’ Click ‘‘Continue.’’
(c) Enter you DUNS number and
TPIN.
(d) On the next page, click on the link
‘‘Points of Contact.’’ Complete all fields
for the eBusiness POC and the alternate
eBusiness POC. Scroll down to the
bottom of the Points of Contact page,
and create your own MPIN. Once
completed, click on the ‘‘Validate/Save’’
button.
c. Step Three: Register with the
Credential Provider. To safeguard the
security of your electronic information,
Grants.gov utilizes a Credential Provider
to determine with a degree of assurance
that someone is really who he or she
claims to be. An assigned AOR must
register with the Credential Provider to
create his/her user name and password,
which are needed to submit an
application with an electronic signature
via Grants.gov. To register with a
Credential Provider, the AOR must have
the applicant organization’s DUNS
number. Your organization will need to
have your organization’s DUNS number
available and be registered with the CCR
to complete this process.
Since August 30, 2007, organizations
have three federally approved
Credential Providers available from
which to choose their authentication
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services—the Agriculture Department;
the Office of Personnel Management’s
Employee Express; and Operational
Research Consultants, Inc. (ORC), which
also provided authentication services
prior to August 30, 2007. Users who
already hold a Grants.gov user name
and password through ORC will not
experience much change. New users
will be able to choose from any of the
three Credential Providers available.
• To register with a credential
Provider go to: https://
apply07.grants.gov/apply/OrcRegister.
Once you have accessed the Web site,
scroll down the page and enter the
DUNS number, and click on ‘‘Register.’’
• At the next screen, scroll down and
select ‘‘Get Your Credentials.’’
• On the ‘‘eAuthentication User
Information’’ screen, complete and
submit all information.
• On the next screen you need to
confirm your information and create
your own User ID and Password, then
click ‘‘Submit.’’ If all the information
has been entered correctly, you will
receive a notice of ‘‘Registration
Success.’’
Note: Your registration is not complete
until Steps Four and Five below are
completed.
d. Step Four: Register with Grants.gov.
After completing Step 3, registering
with the Credential Provider, the
person(s) named by the applicant
organization to submit an application
for funding on behalf of the organization
must register with Grants.gov. After the
AOR registers his or her User ID and
Password with Grants.gov, the
organization’s eBusiness POC will be
sent an email indicating that someone
has requested authority to submit an
application for the organization and has
registered as an AOR. Applicants can
register with Grants.gov at: https://
apply07.grants.gov/apply/
GrantsgovRegister.
e. Step Five: Granting Approval of an
AOR to Submit an Application on
Behalf of the Organization. The
eBusiness POC must log into the
Grants.gov Web site and give the
registered AOR approval to submit an
application to Grants.gov. By
authorizing the AOR to submit on behalf
of the organization, the organization is
stating that the person has the legal
authority to submit the electronic
application and can make a legally
binding commitment for the
organization.
(1) The eBusiness POC must approve
the designated AOR(s). If the eBusiness
POC does not grant authorization,
Grants.gov will not accept the
application. The eBusiness POC can
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designate the AOR to submit
applications on behalf of the
organization, at: https://
apply07.grants.gov/apply/AorMgrGetID.
The registration is complete when an
AOR has been approved to submit an
application on behalf of the applicant
organization by the eBusiness POC.
HUD urges applicants to check with
their eBusiness POC to make sure that
they have been authorized to make a
legally binding commitment for the
applicant organization when submitting
the application to Grants.gov. This is
particularly important, if during the
CCR registration renewal process, the
eBusiness POC for the applicant
organization has been changed. The new
eBusiness POC will have to grant
authorization to all AORs. You can
search the CCR registration for the
eBusiness POC by going to https://
www.bpn.gov/CCRSearch/Search.aspx.
AORs can track their AOR status at any
time on Grants.gov by going to the
Applicant home page at Grants.gov. In
‘‘Quick Links,’’ log in as an applicant
and enter your User Name and
Password. If you have not been granted
AOR status by the eBusiness POC, you
should contact the eBusiness POC
directly.
3. Instructions on How To Download an
Application Package and Application
Instructions
Please note: A complete explanation on
how to find and apply for Continuum of Care
grants in 2008 will be provided in a separate
Continuum of Care NOFA that will be
published in two issuances in the Federal
Register subsequent to the 2008 SuperNOFA.
The first notice is expected to be published
in spring 2008 and will provide registration
and information on the new Continuum of
Care electronic application process. The
second notice, not expected to be available
earlier than July 2008, will contain the Notice
of Funding Availability (NOFA) for the
Continuum of Care homeless assistance
programs. Notification of the availability of
the registration instructions, applications, or
other information will be released through
the Grants.gov Web site. To be placed on the
Grants.gov notification service, go to https://
www.grants.gov/search/
subscribeAdvanced.do.
a. The Application Package and
Application Instructions. The general
process for downloading, completing,
submitting, and tracking grant
application packages is described at
https://www.grants.gov/applicants/
apply_for_grants.jsp. To download the
application and instructions, go to
https://apply.grants.gov/
forms_apps_idx.html and enter the
CFDA Number, Funding Opportunity
Number, or Funding Opportunity
Competition ID for the application that
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you are interested in. If you enter more
than one criterion, you will not find the
instructions. You will then come to a
page where you will find the funding
opportunity Download Application &
Instructions link. Before you can view
and complete an application package,
you MUST have a compatible Adobe
Reader installed. Grants.gov is currently
using Adobe Reader 8.1.2. To check
which version of Acrobat you are using,
go to the Help menu in Acrobat then
select ‘‘About Acrobat,’’ a text box will
appear containing an Adobe logo with a
number. Under that information, you
will see another number; this is the
version number of your software (e.g.,
8.1.2). If you do not have version 8.1.2,
a link to Adobe Reader 8.1.2 can be
found on Grants.gov at: https://
grants.gov/help/
download_software.jsp#adobe811.
Adobe Reader 8.1.2 is compatible with
any version of Adobe Professional 6.0 or
higher. However, applicants who have
Adobe Professional or another version
of Adobe Reader must set their default
settings to Adobe Reader 8.1.2.
Grants.gov has posted instructions for
resetting the default setting at https://
grants.gov/help/general_faqs.jsp#19. To
test if you have the correct Reader, go
to https://www.grants.gov/applicants/
AdobeVersioningTestOnly.jsp.
Applicants that need assistance can
contact the Grants.gov Contact Center by
phone at 1–800–518–GRANTS or via email at: support@grants.gov.
Critical Notice: Applicants must be
aware that all persons working on the
Adobe forms in the application package
must work using Adobe Reader 8.1.2 or
the latest compatible version of Adobe
Reader available from Grants.gov. Please
alert your staff and those working on
your application that failure to
download and use the correct Adobe
Reader will result in your not being able
to create or submit your application
package to Grants.gov or in your
application being rejected by
Grants.gov.
Next, download the application
instructions by clicking on the
Download Instructions link. The
Instructions contain the General and
Program Sections for the funding
opportunity, as well as forms that are
not part of the application download but
are included as elements of a complete
package, as specified in the published
NOFA. After you have installed Adobe
Reader 8.1.2 or the latest compatible
version of Adobe Reader available from
Grants.gov, you can now download the
application by clicking on the Download
Application link. Both the instructions
and application should be saved on
your computer. You do not need to be
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registered to download the instructions
or complete the application; however,
once you have downloaded the
application and intend to submit an
application, you must save it on your
computer or local network drive.
Each program NOFA also includes a
checklist. Please review the checklist in
the Program Section to ensure that your
application contains all the required
materials.
b. Electronic Grant Application
Forms.
(1) Forms contained in the
Instructions download are available in
Microsoft Office Word 2003 (.doc),
Microsoft Office Excel 2003 (.xls), or
Adobe (.pdf) formats. The .pdf files are
only fillable forms and cannot be saved
locally, unless you have Adobe
Professional software version 6.0 or
higher.
(2) To open the Application
download, you must first install Adobe
Reader 8.1.2. During the download
process, the application automatically
opens, unless you do not have the
correct version of the Adobe software
installed, in which case the application
will not open and you will get an error
message telling you to first install the
correct version of the software. If you
get an error message, follow the
instructions in paragraph IV.B.3.
Instructions on How to Download an
Application Package and Application
Instructions. The Application download
will contain a cover page entitled
‘‘Grant Application Package.’’ The cover
page provides information regarding the
application package you have chosen to
download, i.e., Opportunity Title,
Agency Name, CFDA Number, etc.
Review this information to ensure that
you have selected the correct
application. The Grant Application
cover page separates the required forms
into two categories: ‘‘Mandatory
Documents’’ and ‘‘Optional
Documents.’’ To complete a form from
either the ‘‘Mandatory Documents’’ or
Optional Documents,’’ you must first
highlight and move the form over to the
‘‘Submission’’ box and then open the
form. This is a change in procedure
from previous years.
(3) Please note that regardless of the
box in which the forms are listed, the
published Federal Register document is
the official document HUD uses to
solicit applications. Therefore,
applicants should follow the
instructions provided in the General
Section and Program Sections of the
Instructions download. The individual
NOFA sections will also identify the
forms that may be applicable and that
need to be submitted with the
application.
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(4) Because you will be adding
additional attachment files to the
downloaded application, applicants
should save the application to their
local computer or network drive. Do not
download the application or attempt to
upload the application using a USB
flash drive (also called a ‘‘key drive,’’
‘‘thumb,’’ or ‘‘jump drive’’), as
Grants.gov has found that applicants
have problems uploading applications
and attachments from a USB flash drive.
Be sure to read and follow the
application submission requirements
published in each individual NOFA for
which you are submitting an
application. Each program NOFA will
identify all the required forms and other
required information for submission.
(5) HUD’s standard forms are
identified below:
(a) Application for Federal Financial
Assistance (SF–424);
(b) Faith-Based EEO Survey (SF–424
Supplement, Survey on Ensuring Equal
Opportunities for Applicants), if
applicable;
(c) HUD Detailed Budget (HUD–424–
CB, Grant Application Detailed Budget);
(d) Grant Application Detailed Budget
Worksheet (HUD–424–CBW);
(e) Disclosure of Lobbying Activities
(SF–LLL), if applicable;
(f) HUD Applicant Recipient
Disclosure Report (HUD–2880,
Applicant/Recipient Disclosure/Update
Report);
(g) Certification of Consistency with
RC/EZ/EC–II Strategic Plan (HUD–
2990), if applicable;
(h) Certification of Consistency with
the Consolidated Plan (HUD–2991), if
applicable;
(i) Acknowledgment of Application
Receipt (HUD–2993);
(j) You Are Our Client Grant
Applicant Survey (HUD 2994–A)
(Optional);
(k) Program Outcome Logic Model
(HUD–96010);
(l) HUD Race Ethnic Form (HUD–
27061), if applicable;
(m) HUD Communities Initiative
(HUD–27300, Questionnaire for HUD’s
Removal of Regulatory Barriers), if
applicable; and
(n) HUD Facsimile Transmittal (HUD–
96011, Third Party Documentation
Facsimile Transmittal).
All HUD ‘‘program-specific’’ forms
not available at the Application
download will be available in the
Instructions download in Microsoft
Word Office 2003 (.doc), Microsoft
Excel Office 2003 (.xls), or Adobe (.pdf)
format, compatible with Adobe Reader
8.1.2. The PDF forms are fillable but not
savable, unless you have Adobe
Professional 6.0 or higher. Applicants
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may use the HUD–96011, ‘‘Third Party
Documentation Facsimile Transmittal’’
(‘‘HUD Facsimile Transmittal’’ on
Grants.gov) form and fax to HUD any
forms they have completed but cannot
save.
4. Instructions on How to Complete the
Selected Grant Application Package
a. Mandatory Fields on Application
Download Forms. Forms in the
Application download contain fields
with a yellow background. These data
fields are mandatory and must be
completed. Failure to complete the
fields will result in an error message
when checking the package for errors.
b. Completion of SF–424 Fields First.
The forms in the application package
are designed to automatically populate
common data such as the applicant
name and address, DUNS number, etc.
In order to trigger this function, the SF–
424 must be completed first. Once
applicants complete the SF–424, the
entered information will transfer to the
other forms.
c. Submission of Narrative
Statements, Third-Party Letters,
Certifications, and Program-Specific
Forms. In addition to program-specific
forms, many of the NOFAs require the
submission of other documentation,
such as third-party letters, certifications,
or program narrative statements. This
section discusses how you should
submit this additional information
electronically as part of your
application:
(1) Narrative Statements to the
Factors for Award. If you are required to
submit narrative statements, you must
submit them as an electronic file in
Microsoft Word Office 2007 (or earlier)
(.doc), Microsoft Excel 2007 (or earlier)
(.xls) or in Adobe (.pdf) format that is
compatible with Adobe Reader 8.1.2. If
HUD receives a file in a format or
software other than those specified or
that is not compatible with HUD
software, HUD will not be able to read
the file, and it will not be reviewed. Each
response to a Factor for Award should
be clearly identified and can be
incorporated into a single attachment or
all attachments can be zipped together
into a single attached ZIP file. However,
HUD advises applicants that files
zipped within zipped files cause
problems. Applicants should develop
files, then zip the files together, and
then place them as an attachment to the
application. If you have any questions,
you can contact the NOFA Information
Center or the HUD program contact
listed in the program NOFA. Documents
that applicants possess in electronic
format, e.g., narratives they have
written, must be submitted as Microsoft
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documents; graphic images (such as
computer aided design (CAD) files from
an architect) must be saved in PDF
format. The documents must be
compatible with Adobe Reader 8.1.2 or
an earlier version and attached using the
‘‘Attachments’’ form included in the
application package downloaded from
Grants.gov. In addition, some NOFAs
may request photographs. If this is the
case, then the photographs should be
saved in .jpg or .jpeg format and
attached using the attachments form.
When creating attachments to your
application, please follow these rules:
(a) DO NOT attach a copy of the
electronic application with your
attachments as an attachment file. HUD
cannot open such files when the
application is attached as an attachment
file.
(b) Check the attachment file and
make sure it has a file extension of .doc,
.pdf, .xls, .jpg, or .jpeg. If you save files
in Microsoft Office 2007, the file
extensions should be as follows:
Word 2007 File Type Extension
• docx—Word 2007 XML Document
Excel 2007 File Type Extension
• xlsx—Excel 2007 XML Workbook
PowerPoint 2007 File Extension Type
• pptx—PowerPoint 2007.
(c) Make sure that file extensions are
not in upper case. File extensions must
be lower case for the file to be opened.
The software will automatically insert
the correct file extension when saved.
(d) DO NOT adjust file extensions to
try to make them conform to HUD
standards. If you have problems, please
contact the HUD contact listed in the
NOFA.
(e) DO NOT use special characters
(i.e., #, %, /, etc.) in a file name.
(f) DO NOT include spaces in the file
name.
(g) Limit file names to not more than
50 characters.
(2) ZIP Files. In order to reduce the
size of attachments, applicants can
compress several files using a ZIP
utility. Applicants can then attach the
zipped file as described above. HUD’s
standard zip utility is WinZip. Files
compressed with the WinZip utility
must use either the ‘‘Normal’’ option or
‘‘Maximum (portable)’’ option available
to ensure that HUD is able to open the
file. Files received using compression
methods other than ‘‘Normal’’ or
‘‘Maximum (portable)’’ cannot be
opened and will not be reviewed.
Applicants should be aware that if HUD
receives files compressed using another
utility, or not in accord with these
directions, it cannot open the files and,
therefore, such files will not be
reviewed.
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(3) Third-Party Letters, Certifications
Requiring Signatures, and Other
Documentation. Applicants required to
submit third-party documentation (e.g.,
establishing matching or leveraged
funds, documentation of 501(c)(3) status
or incorporation papers, documents that
support the need for the program,
memorandums of understanding
(MOUs), or program-required
documentation that supports your
organization’s claims regarding work
that has been done to remove regulatory
barriers to affordable housing) can
choose from the following two options
as a way to provide HUD with the
documentation:
(a) Scanning Documents to Create
Electronic Files. Scanning documents
increases the size of files. If your
computer has the capacity to upload
scanned documents, submit your
documents with the application by
using the Attachments form in the
Mandatory or Optional Forms section of
the application. If your computer does
not have the memory to upload scanned
documents, you should submit them via
fax, as described below. Electronic files
must be labeled so that the recipient at
HUD will know what the file contains.
Program NOFAs will indicate any
naming conventions that applicants
must use when submitting files using
the Attachments form.
(b) Faxing Required Documentation.
Applicants may fax the required
documentation as program-specific
forms to HUD. Applicants should use
this method only when documents
cannot be attached to the electronic
application package as a .pdf, .doc, .xls,
.jpeg, or .jpg, or when the size of the
submission is too large to upload from
the applicant’s computer. HUD will not
accept entire applications by fax and
will disqualify applications submitted
entirely in that manner.
(i) Fax Form HUD–96011, ‘‘Third
Party Documentation Facsimile
Transmittal’’ (HUD Facsimile
Transmittal on Grants.gov). Facsimiles
submitted in response to a NOFA must
use the form HUD–96011. The facsimile
transmittal form, found in the
downloaded application, contains a
unique identifier that allows HUD to
match an applicant’s submitted
application via Grants.gov with faxes
coming from a variety of sources. Each
time the application package is
downloaded, the forms in the package
are given a unique ID number. To
ensure that all the forms in your
package contain the same unique ID
number, after downloading your
application, complete the SF–424, save
the forms to your hard drive, and use
the saved forms to create your
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application. When you have
downloaded your application package
from Grants.gov, be sure to first
complete the SF–424, and then provide
copies of the form HUD–96011 to third
parties that will submit information in
support of your application. Do not
download the same application package
from Grants.gov more than once,
because if your application submission
does not match the unique identifier on
the facsimile transmittal form, HUD will
not be able to match the faxes received
to your application submission. Faxes
that cannot be matched to an
application will not be considered in
the review process.
If you have to provide a copy of the
form HUD–96011 to another party that
will be responsible for faxing an item as
part of your application, make a copy of
the facsimile transmittal cover page
from your downloaded application and
provide that copy to the third party for
use with the fax transmission. Please
instruct third parties to use the form
HUD–96011 that you have provided as
a cover page when they submit
information supporting your application
using the facsimile method, because it
contains the embedded ID number that
is unique to your application
submission.
(ii) Use form HUD–96011 as the Fax
Cover Page. For HUD to correctly match
a fax to a particular application, the
applicant must use, and require third
parties that fax documentation on its
behalf to use, the form HUD–96011 as
the cover page of the facsimile. Using
the form HUD–96011 will ensure that
HUD can electronically read faxes
submitted by and on behalf of an
applicant and can match them to the
applicant’s application package received
via Grants.gov.
Failure to use the form HUD–96011 as
the cover page will create a problem in
electronically matching your faxes to
the application. If HUD is unable to
match the faxes electronically due to an
applicant’s failure to follow these
directions, HUD will not hand-match
faxes to applications and will not
consider the faxed information in rating
the application. If your facsimile
machine automatically creates a cover
page, turn this feature off before faxing
information to HUD.
(iii) HUD Fax Number. Applicants
and third parties submitting information
on their behalf must use the form HUD–
96011 facsimile transmittal cover page
and must send the information to the
following fax number: (800) 894–4047.
If you cannot access the toll-free 800
number or experience problems, you
may use (215) 825–8796 (this is not a
toll-free number). These are new
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numbers for FY2008 applications only.
HUD is transitioning to a new system for
intake of grants from Grants.gov and it
needs to separate faxes received for
FY2008 grants from those received in
FY2007 and prior years while it makes
this transition. If you use the wrong fax
number, your fax will be entered as part
of HUD’s FY2007 database. HUD cannot
search its FY2007 database to match
FY2008 faxes to FY2008 applications.
As a result, your application will be
reviewed without faxed information if
you fail to use the FY2008 fax numbers.
(iv) Fax Individual Documents as
Separate Transmissions. It is highly
recommended that applicants fax
individual documents as separate
submissions to avoid fax transmission
problems. When faxing two or more
documents to HUD, applicants must use
the form HUD–96011 as the cover page
for each document (e.g., Letter of
Matching or Leveraging Funds,
Memorandum of Understanding,
Certification of Consistency with the
Consolidated Plan, etc.). Please be aware
that faxing large documents at one time
may result in transmission failures.
(v) Check Accuracy of Fax
Transmission. Be sure to check the
record of your transmission issued by
the fax machine to ensure that your fax
submission was completed ‘‘OK.’’ For
large or long documents, HUD suggests
that you divide them into smaller
sections for faxing purposes. Each time
you fax a document that you have
divided into smaller sections, you
should indicate on the cover sheet what
part of the overall section you are
submitting (e.g., ‘‘part 1 of 4 parts’’ or
‘‘pages 1 to 10 of 20 pages’’).
Your facsimile machine should
provide you with a record of whether
HUD received your transmission. If you
get a negative response or a
transmission error, you should resubmit
the document until you confirm that
HUD has received your transmission.
HUD will not acknowledge that it
received a fax successfully. When
receiving a fax electronically, HUD will
electronically read it with an optical
character reader and attach it to the
application submitted through
Grants.gov. Applicants and third parties
submitting information on their behalf
may submit information by facsimile at
any time before the application deadline
date. Applicants must ensure that the
form HUD–96011 used to fax
information is part of the application
package downloaded from Grants.gov.
As stated previously, if your facsimile
machine automatically generates a cover
page, you must ensure that you turn that
feature off and use the form HUD–96011
as the cover page. Also ensure that the
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fax is transmitted to fit 81⁄2″ x 11″ letter
size paper.
(vi) Preview your Fax Transmission.
HUD recommends that you ‘‘preview’’
how your fax will be transmitted by
using the copy feature on your facsimile
machine to make a copy of the first two
or three pages. You will see what HUD
will receive as a fax. If the fax is not
clear or cuts off at the bottom of the
page, applicants should use a different
facsimile machine or have the machine
adjusted. All faxed materials must be
received no later than 11:59:59 p.m.
eastern time on the application deadline
date. HUD will store the information
and match it to the electronic
application when HUD receives it from
Grants.gov. If you are not faxing any
documents: Even though you are not
faxing any documents, you must still
complete the facsimile transmittal form.
In the section of the form titled ‘‘Name
of Document Transmitting,’’ enter the
words ‘‘Nothing Faxed with this
Application.’’ Complete the remaining
highlighted fields and enter the number
‘‘0’’ in the section of the form titled
‘‘How many pages (including cover) are
being faxed?’’
(vii) If You Resubmit an Application.
If you resubmit an application you must
resubmit all faxed materials. To ensure
that the resubmitted faxes are associated
to your most recent application
submission, you must wait until after
your application has been validated by
Grants.gov and you receive the
validation notification. If your
application is not received by HUD
prior to the receipt of your resubmitted
faxes, the faxes will be electronically
associated to the application in HUD’s
back-end system, not to the application
that you resubmitted to Grants.gov that
is still being processed for agency
receipt. Please be aware that the
resubmitted application must be
received and validated by Grants.gov
prior to the deadline date and time and
that all faxed materials must be received
by HUD by the deadline date and time.
6. Steps to Take Before You Submit
Your Application. You should review
the application package and all the
attachments to make sure it contains all
the documents you want to submit. If it
does, save it to your computer and
remove previously saved versions.
Check your AOR status on Grants.gov to
make sure your eBusiness POC has
authorized you to submit an application
on behalf of the applicant organization.
Run the Check Package for Errors
feature on the application package and
correct any problems identified. Contact
any persons or entities that were to
submit third-party faxes to make sure
that the faxes have been submitted using
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the facsimile cover page that you
provided in accordance with
instructions in this General Section.
C. Submission Dates and Times
Applications submitted through
Grants.gov must be received and
validated by Grants.gov no later than
11:59:59 p.m. eastern time on the
application deadline date. Validation
can take up to 48 hours from the time
of submission, depending on file size
and what is in the queue at Grants.gov
awaiting validation. There are several
steps in the upload, receipt, and
validation process, so applicants are
advised to submit their applications at
least 48 to 72 hours in advance of the
deadline date and when the Grants.gov
help desk is open so that any problems
can be addressed prior to the deadline
date and time. Submitting at least 72
hours in advance of the deadline will
allow an applicant that receives a
Grants.gov rejection notice to correct
any issues, timely resubmit the
application with the errors corrected,
and then have adequate time for the
validation to occur prior to the deadline
date. HUD also recommends uploading
your application using Internet Explorer
or Netscape.
1. Confirmation of Submission to
Grants.gov. When you successfully
upload an application to Grants.gov,
you will receive a confirmation message
on your computer screen that your
application has been submitted to
Grants.gov and is being processed. This
confirmation will include a tracking
number. Print this confirmation out and
save it for your records. If you submitted
multiple applications, check your
confirmation to each application
submitted. The grant number, CFDA,
and Funding Opportunity number, as
well as the date and time of submission,
will appear on the confirmation. If you
do not receive this confirmation, it
means that your application has not
been successfully uploaded. If your
screen goes blank or you have problems
uploading, you need to immediately call
Grants.gov support at (800) 518–
GRANTS for assistance (this is a tollfree number).
2. Application Submission Validation
Check. The application will then go
through a validation process. The
validation check ensures that:
a. The application is virus free;
b. The application meets the deadline
requirements established for the funding
opportunity;
c. The DUNS number submitted on
the application matches the DUNS
number in the registration, and that the
AOR has been authorized to submit the
application for funding by the
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organization identified by its DUNS
number;
d. All the mandatory (highlighted)
fields and forms were completed on the
application; and
e. The correct version of Adobe
Reader was used in completing the
application package forms.
3. Application Validation and
Rejection Notification. If the application
fails any of the above items during the
validation check, the application
package will be rejected and Grants.gov
will send an e-mail to the person
denoted by the applicant in the
registration process to receive e-mail
notifications from Grants.gov. The email will indicate that the application
has been rejected. The e-mail will
include the reasons why the application
was rejected. The validation check can
occur 24 to 48 hours after the
application submission. Therefore, HUD
recommends that all applicants submit
their application no later than 72 hours
before the deadline. That way, if the
application fails the validation process,
applicants should have time to cure
deficiencies in their application before
the deadline. In developing the
application submission dates, HUD has
considered the validation process and
established deadline dates for all
NOFAs that take into account the 72
hours needed to complete the validation
process. For example, where HUD
previously provided a 60-day
application period, HUD now provides
a 63-day application period. In this
scenario, however, in order to meet the
validation requirement, your
application must be submitted 72 hours
prior to the deadline date or on the 60th
day.
4. Timely Receipt Requirements and
Proof of Timely Submission
a. Proof of Application Submission.
Proof of timely submission and
validation is automatically recorded by
Grants.gov. An electronic time stamp is
generated within the system when the
application has been successfully
received and validated.
b. Confirmation Receipt. Upon
submitting an application at Grants.gov,
you will receive a confirmation, which
advises that your application is being
processed. This confirmation will also
include the Grants.gov tracking number.
Print the confirmation and save it with
your records.
c. Validation Receipt via E-mail.
Within 24 to 48 hours after receipt of
the confirmation, the applicant will
receive a validation receipt via e-mail.
The receipt indicates that the
application has passed the validation
review at Grants.gov and that the
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application is ready to be retrieved by
the grantor agency for agency
processing. Please be aware that the
Grants.gov validation does not indicate
that the grantor agency has reviewed the
content of your application; rather, the
validation merely indicates that the
application has been successfully
received and is ready for pickup by the
grantor agency.
d. Rejection Notice. If an application
fails the validation process, the
applicant will receive a rejection notice
within 24 to 48 hours after the
confirmation notice. The applicant
should review the rejection notice
because it will include the reason for
rejection. The applicant should try to
cure the deficiencies and resubmit the
application as soon as possible prior to
the deadline. By submitting the
application 72 hours prior to the
deadline, applicants who have
completed their registration should have
sufficient time to cure the reasons for
rejection and successfully resubmit their
application in time to meet the
deadline.
e. Save and File Receipts. Applicants
should save all receipts from Grants.gov,
as well as facsimile receipts, for proof of
timely submission. Applicants will be
considered as meeting the deadline date
requirements when Grants.gov has
received and validated your application
no later than the deadline date and time,
and when all fax transmissions have
been received by the deadline date and
time.
f. Grants.gov Support Ticket Numbers.
If you call the Grants.gov Support Help
Desk the operator will provide you with
a call reference ticket number.
Applicants should retain a record of the
call ticket number(s) along with the
application receipts received from
Grants.gov.
5. Submission Tips
a. Delayed Transmission Time.
Applicants using dial-up connections
should be aware that transmitting your
application takes extra time before
Grants.gov receives it. Grants.gov will
provide either an error or a successfully
received transmission message. The
Grants.gov Help Desk reports that some
applicants abort the transmission
because they think that nothing is
occurring during the transmission
process. Please be patient and give the
system time to process the application.
Uploading and transmitting a large file,
particularly electronic forms with
associated eXtensible mark-up language
(XML) schema, will take considerable
time to process and be received by
Grants.gov. However, the upload even
for large files should not take longer
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than one hour. If you are still waiting
after one hour for the submission to be
uploaded to Grants.gov, stop the
transmission and check the available
disk space and memory on your
computer. HUD has found that difficulty
in uploading an application from the
applicant’s desktop is most frequently
due to: (1) The application package
being too large to be handled by the
applicant’s computer; (2) the local
entity’s network limiting the size of files
going in or out; or (3) the Internet
service provider having a file size limit.
Therefore, in such instances, the
application should be reduced in size by
removing attachment files and
submitting the attachments via the
facsimile method, using the form HUD–
96011 as the cover page. The
application without attachments should
be uploaded to Grants.gov. HUD will
match applications submitted to
Grants.gov with facsimiles that have
been transmitted following the
directions in this notice.
b. Ensure You Have Installed the Free
Grants.gov Software. Check to ensure
that the latest version of the Adobe
Reader software available from
Grants.gov, which is free for system
users, has been properly installed on
your computer. Applicants will find a
link to the free software for download at
the Download Application page for the
funding opportunity available on
Grants.gov. HUD has found that an
improper installation or not using the
required version of the Adobe Reader
8.1.2 software will result in an
application not being able to upload
properly. If you are not sure how to
determine if the software is properly
installed go to https://www.grants.gov/
applicants/
AdobeVersioningTestOnly.jsp or call the
Grants.gov Support Desk. If you are
operating your computer through a
network, contact your system
administrator to download the latest
software. Please allow sufficient time for
your network system administrator to
respond to your request.
6. Late applications. Applications
validated by Grants.gov after the
established deadline for the program
will be considered late and will not
receive funding consideration.
Applicants should pay close attention to
these submission and timely receipt
instructions, as they can make a
difference in whether HUD will accept
your application for funding
consideration. Similarly, HUD will not
consider information submitted by
facsimile as part of the application if
received by HUD after the established
deadline. Please take into account the
transmission time required for
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submitting your application via the
Internet and the time required to fax any
related documents. HUD suggests that
applicants submit their applications
during the operating hours of the
Grants.gov Help Desk so that, if there
are questions concerning transmission,
operators will be available to assist you
through the process. Submitting your
application early and during the Help
Desk hours will also ensure that you
have sufficient time for the application
to complete its transmission before the
application deadline. If you try to
submit your application after the
Grants.gov Support Help Desk closes,
please refer to HUD’s Desktop Users
Guide for Submitting Electronic Grant
Applications found at: https://
www.hud.gov/offices/adm/grants.
7. Continuum of Care Application
Submission. Applicants under the
Continuum of Care program should
follow the directions for application
submission and timely receipt that are
contained in the Continuum of Care
NOFA, to be issued at a later date.
D. Intergovernmental Review/State
Points of Contact (SPOC)
Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs,’’ was issued to foster
intergovernmental partnership and
strengthen federalism by relying on state
and local processes for the coordination
and review of federal financial
assistance and direct development. HUD
implementing regulations are published
at 24 CFR part 52. The executive order
allows each state to designate an entity
to perform a state review function.
Applicants can find the official listing of
SPOCs for this review process at https://
www.whitehouse.gov/omb/grants/
spoc.html. States not listed on the Web
site have chosen not to participate in the
intergovernmental review process and,
therefore, do not have a SPOC. If your
state has a SPOC, you should contact
the SPOC to see if it is interested in
reviewing your application before you
submit it to HUD.
Please make sure that you allow
ample time for this review when
developing and submitting your
application. If your state does not have
a SPOC, you can submit your
application directly to HUD using
Grants.gov.
E. Funding Restrictions
The individual program NOFAs will
describe any funding restrictions that
apply to each program.
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F. Other Submission Requirements
1. Discrepancies Between the Federal
Register and Other Documents
The published Federal Register
document is the official document that
HUD uses to solicit applications.
Therefore, if there is a discrepancy
between any materials published by
HUD in its Federal Register
publications and other information
provided in paper copy, electronic copy,
at https://www.grants.gov, or at HUD’s
Web site, the Federal Register
publication prevails. Please be sure to
review your application submission
against the requirements in the Federal
Register for the program NOFA or
NOFAs to which you are applying. If
you note discrepancies, please notify
HUD immediately by calling the
program contact listed in the NOFA, or
the Office of Departmental Grants
Management at (202) 708–0667 (this is
not a toll-free number).
2. Application Certifications and
Assurances
Applicants are placed on notice that
by signing (either through electronic
submission or in paper copy
submission, for those applicants granted
a waiver to submit in paper) the SF–424
cover page:
a. The governing body of the
applicant’s organization has duly
authorized the application for federal
assistance. In addition, by signing or
electronically submitting the
application, the AOR certifies that the
applicant:
(1) Has the legal authority to apply for
federal assistance and has the
institutional, managerial, and financial
capacity (including funds to pay for any
non-federal share of program costs) to
plan, manage, and complete the
program as described in the application;
(2) Will provide HUD with any
additional information it may require;
and
(3) Will administer the award in
compliance with requirements
identified and contained in the NOFA
(General and Program sections), as
applicable to the program for which
funds are awarded and in accordance
with requirements applicable to the
program.
b. No appropriated federal funds have
been paid or will be paid, by or on
behalf of the applicant, to any person for
influencing or attempting to influence
an officer or employee of any agency, a
member of Congress, or an employee of
a member of Congress, in connection
with this application for federal
assistance or any award of funds
resulting from the submission of this
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application for federal assistance or its
extension, renewal, amendment, or
modification. If funds other than federal
appropriated funds have been or will be
paid for influencing or attempting to
influence the persons listed above, the
applicant agrees to complete and submit
SF–LLL, Disclosure of Lobbying
Activities, as part of its application
submission package. The applicant
further agrees to and certifies that it will
require similar certification and
disclosure of all subawards at all tiers,
including subgrants and contracts.
c. Federally recognized Indian tribes
and tribally designated housing entities
(TDHEs) established by a federally
recognized Indian tribe, as a result of
the exercise of the tribe’s sovereign
power, are excluded from coverage by
item b. (also known as the Byrd
Amendment). However, staterecognized Indian tribes and TDHEs
established under state law are not
excluded from the statute’s coverage
and, therefore, must comply with item
b. above.
By submitting an application, the
applicant affirms its awareness of these
certifications and assurances. The AOR
submitting the application is affirming
that these certifications and assurances
are material representations of the facts
upon which HUD will rely when
making an award to the applicant. If it
is later determined that the signatory to
the application submission knowingly
made a false certification or assurance
or did not have the authority to make a
legally binding commitment for the
applicant, the applicant may be subject
to criminal prosecution, and HUD may
terminate the award to the applicant
organization or pursue other available
remedies.
3. Waiver of Electronic Submission
Requirements
The regulatory framework for HUD’s
electronic submission requirement is
the final rule established in 24 CFR
5.1005. Applicants seeking a waiver of
the electronic submission requirement
must request a waiver in accordance
with 24 CFR 5.1005. HUD’s regulations
allow for a waiver of the electronic
submission requirement for good cause.
If the waiver is granted, the applicable
program office’s response will include
instructions on how many copies of the
paper application must be submitted, as
well as how and where to submit them.
Applicants that are granted a waiver of
the electronic submission requirement
will not be afforded additional time to
submit their applications. The deadlines
for applications will remain as provided
in the program section of the NOFA and
the final Appendix A published for the
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SuperNOFA program sections. As a
result, applicants seeking a waiver of
the electronic application submission
requirement should submit their waiver
request with sufficient time to allow
HUD to process and respond to the
request. Applicants should also allow
themselves sufficient time to submit
their application so that HUD receives
the application by the established
deadline date. For this reason, HUD
strongly recommends that if an
applicant finds it cannot submit its
application electronically and must seek
a waiver of the electronic grant
submission requirement, it should
submit the waiver request to the HUD
program office designated in the
applicable program NOFA no later than
15 days before the application deadline.
To expedite the receipt and review of
such requests, applicants may e-mail
their requests to the program contact
listed in the program NOFA. If HUD
does not have sufficient time to process
the waiver request, a waiver will not be
granted. Paper applications received
without a prior approved waiver and/or
after the established deadline date will
not be considered.
V. Application Review Information
A. Criteria
1. Factors Used To Evaluate and Rate
Applications
For each program NOFA, the points
awarded for the rating factors total 100,
with a possibility of up to 2 bonus
points, as specified below:
a. RC/EZ/EC–II. HUD will award two
bonus points to each application that
includes a valid form HUD–2990
certifying that the proposed activities/
projects in the application are consistent
with the strategic plan for an
empowerment zone (EZ) designated by
HUD or the U.S. Department of
Agriculture (USDA), the tax incentive
utilization plan for an urban or rural
renewal community designated by HUD
(RC), or the strategic plan for an
enterprise community designated in
round II by USDA (EC–II); and that the
proposed activities/projects will be
located within the RC/EZ/EC–II
identified above and are intended to
serve the residents. For ease of reference
in this notice, all of the federally
designated areas are collectively
referred to as ‘‘RC/EZ/EC–IIs’’ and
residents of any of these federally
designated areas as ‘‘RC/EZ/EC–II
residents.’’ The individual funding
announcements will indicate if the
bonus points are available under the
program. This notice contains a
certification that must be completed for
the applicant to be considered for RC/
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EZ/EC–II bonus points. Applicants can
obtain a list of RC/EZ/EC–IIs from
HUD’s grants Web page at: https://
www.hud.gov/offices/adm/grants/
fundsavail.cfm. Applicants can
determine if their program or project
activities are located in one of these
designated areas by using the locator on
HUD’s website at https://egis.hud.gov/
egis/.
b. The Five Standard Rating Factors
for FY2008. HUD has established the
following five standard factors for
awarding funds under the majority of its
FY2008 program NOFAs. When
providing information to HUD in
response to Rating Factor 1, Capacity,
applicants should not include Social
Security numbers on any resumes
submitted to HUD.
Factor 1: Capacity of the Applicant
and Relevant Organizational Staff.
Factor 2: Need/Extent of the Problem.
Factor 3: Soundness of Approach.
Factor 4: Leveraging Resources.
Factor 5: Achieving Results and
Program Evaluation.
In FY2008, HUD is establishing
standardized points for evaluating Logic
Models submitted under Rating Factor
5, Achieving Results and Program
Evaluation. The decision to standardize
this rating factor resulted from review of
submitted Logic Models and rating
factor narrative statements, and training
sessions held with HUD staff and the
applicant community.
By standardizing the rating for the
Logic Model submission, HUD believes
that a greater understanding will be
gained on the use and relationship of
the Logic Model to information
submitted as part of the Rating Factors
for award. The standardization of the
Logic Model submission in Rating
Factor 5 highlights the relationship
between the narratives produced in
response to the factors for award, stated
outputs and outcomes, and
discrepancies or gaps that have been
found to exist in submitted Logic
Models. HUD also believes that the
standardization will strengthen the use
of the Logic Model as a management
and evaluation tool.
The Logic Model is a tool that
integrates program operations and
program accountability. It links program
operations (mission, need, intervention,
projected results, actual results), and
program accountability (measurement
tool, data source, and frequency of data
collection and reporting, including
personnel assigned to function).
Applicants/grantees should use it to
support program planning, monitoring,
evaluation, and other management
functions.
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HUD uses the Logic Model and its
electronic version, the eLogic ModelTM,
to capture an executive summary of the
application submission in data format,
which HUD uses to evaluate the
attainment of stated applicant goals and
anticipated results. HUD also uses the
data for policy formulation.
HUD encourages applicants and those
selected for award to use the Logic
Model data to monitor and evaluate
their own progress and effectiveness in
meeting stated goals and achieving
results consistent with the program
purpose. To further this objective, and
in response to grantee requests, for
FY2008 HUD has added an additional
column to the eLogic Model that allows
the grantee to input results achieved for
the reporting period, as well as Year-ToDate (YTD) for each year of the award.
This will allow the grantee to review
performance each reporting period and
for each year of the award ‘‘at a glance,’’
and without having to construct a
report. For further information, see the
Instructions in the FY2008 eLogic
Model, form HUD–96010. HUD’s goal is
to measure the effectiveness of programs
and ensure that housing, economic
development programs, and services
provided by HUD funds provide
maximum benefit to low- and moderateincome persons in communities
nationwide.
Factor 5, Achieving Results and
Program Evaluation, will consist of 10
points for the Logic Model submission.
Program areas can add up to an
additional 5 points for responses to
particular programmatic questions to be
addressed as part of this factor. The
matrix provided in Attachment 1 of this
General Section identifies how the Logic
Model will be rated in a standardized
way across program areas. Training on
the rating factor will be provided via
satellite broadcast and archived on
HUD’s website for repeat viewing.
Additional details about the five
rating factors and the maximum points
for each factor are provided in the
program NOFAs. For a specific funding
opportunity, HUD may modify these
factors to take into account explicit
program needs or statutory or regulatory
limitations. Applicants should carefully
read the factors for award as described
in the program NOFA to which they are
responding.
The Continuum of Care Homeless
Assistance programs have only two
factors that receive points: (1) Need and
(2) Continuum of Care. Additional
information will be available in the
Continuum of Care NOFA to be
published in the Federal Register after
publication of the FY2008 SuperNOFA.
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c. Additional Criteria: Past
Performance. In evaluating applications
for funding, HUD will take into account
an applicant’s past performance in
managing funds, including, but not
limited to, the ability to account for
funds appropriately; timely use of funds
received either from HUD or other
federal, state, or local programs; timely
submission and quality of reports to
HUD; meeting performance targets as
established in Logic Models approved as
part of the grant agreement; timelines
for completion of activities and receipt
of promised matching or leveraged
funds; and the number of persons to be
served or targeted for assistance. HUD
may consider information available
from HUD’s records; the name check
review; public sources such as
newspapers, Inspector General or
Government Accountability Office
reports or findings; or hotline or other
complaints that have been proven to
have merit.
In evaluating past performance, HUD
may elect to deduct points from the
rating score or establish threshold levels
as specified under the Factors for Award
in the individual program NOFAs. Each
program NOFA will specify how past
performance will be rated.
B. Reviews and Selection Process
1. HUD’s Strategic Goals to Implement
HUD’s Strategic Framework and
Demonstrate Results
HUD is committed to ensuring that
programs result in the achievement of
HUD’s strategic mission. To support this
effort, grant applications submitted for
HUD programs will be rated on how
well they tie proposed outcomes to
HUD’s policy priorities and annual
goals and objectives, as well as the
quality of the applicant’s proposed
evaluation and monitoring plans. HUD’s
strategic framework establishes the
following goals and objectives for the
Department:
a. Increase Homeownership
Opportunities
(1) Expand national homeownership
opportunities.
(2) Increase minority homeownership.
(3) Make the homebuying process less
complicated and less expensive.
(4) Reduce predatory lending
practices through reform, education,
and enforcement.
(5) Help HUD-assisted renters become
homeowners.
(6) Keep existing homeowners from
losing their homes.
b. Promote Decent Affordable Housing
(1) Expand access to and the
availability of decent, affordable rental
housing.
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(2) Improve the management
accountability and physical quality of
public and assisted housing.
(3) Improve housing opportunities for
the elderly and persons with
disabilities.
(4) Promote housing self-sufficiency.
(5) Facilitate more effective delivery
of affordable housing by reforming
public housing and the Housing Choice
Voucher program.
c. Strengthen Communities
(1) Assist disaster recovery in the Gulf
Coast region.
(2) Enhance sustainability of
communities by expanding economic
opportunities.
(3) Foster a suitable living
environment in communities by
improving physical conditions and
quality of life.
(4) End chronic homelessness and
move homeless families and individuals
to permanent housing.
(5) Mitigate housing conditions that
threaten health.
d. Ensure Equal Opportunity in
Housing
(1) Ensure access to a fair and
effective administrative process to
investigate and resolve complaints of
discrimination.
(2) Improve public awareness of rights
and responsibilities under fair housing
laws.
(3) Improve housing accessibility for
persons with disabilities.
(4) Ensure that HUD-funded entities
comply with fair housing and other civil
rights laws.
e. Embrace High Standards of Ethics,
Management, and Accountability
(1) Strategically manage human
capital to increase employee satisfaction
and improve HUD performance.
(2) Improve HUD’s management and
internal controls to ensure program
compliance and resolve audit issues.
(3) Improve accountability, service
delivery, and customer service of HUD
and its partners.
(4) Capitalize on modernized
technology to improve the delivery of
HUD’s core business functions.
f. Promote Participation of FaithBased and Other Community
Organizations
(1) Reduce barriers to faith-based and
other community organizations.
(2) Conduct outreach and provide
technical assistance to strengthen the
capacity of faith-based and community
organizations to attract partners and
secure resources.
(3) Encourage partnerships between
faith-based and other community
organizations and HUD’s grantees and
subgrantees.
Additional information about HUD’s
Strategic Plan FY2006–FY2011, and
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2002–2008 Annual Performance Plans is
available at: https://www.hud.gov/
offices/cfo/reports/cforept.cfm.
2. Policy Priorities
HUD encourages applicants to
undertake specific activities that will
assist the Department in implementing
its policy priorities and achieving its
goals for FY2008 and beyond.
Applicants that include work activities
that specifically address one or more of
these policy priorities will receive
higher rating scores than applicants that
do not address these HUD priorities.
Each NOFA issued in FY2008 will
specify which priorities relate to a
particular program and how many
points will be awarded for addressing
those priorities.
a. Providing Increased
Homeownership and Rental
Opportunities for Low- and ModerateIncome Persons, Persons with
Disabilities, the Elderly, Minorities, and
Persons with Limited English
Proficiency. Too often, these individuals
and families are shut out of the housing
market through no fault of their own.
Often, developers of housing, housing
counseling agencies, and other
organizations engaged in the housing
industry must work aggressively to open
up the realm of homeownership and
rental opportunities to low- and
moderate-income persons, persons with
disabilities, the elderly, minorities, and
persons with limited English
proficiency. Many of these individuals
or families are anxious to have homes of
their own, but are not aware of the
programs and assistance that are
available. Applicants are encouraged to
address the housing, housing
counseling, and other related supportive
service needs of these individuals and
coordinate their proposed activities
with funding available through HUD’s
affordable housing programs and home
loan programs.
Proposed activities support strategic
goals a, b, and d.
b. Improving our Nation’s
Communities. HUD wants to improve
the quality of life for those living in
distressed communities. Applicants are
encouraged to include activities that:
(1) Bring private capital into
distressed communities;
(2) Finance business investments to
grow new businesses;
(3) Maintain and expand existing
businesses;
(4) Create a pool of funds for new
small and minority-owned businesses;
(5) Create decent jobs for low-income
persons;
(6) Improve the environmental health
and safety of families living in public
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and privately owned housing by
including activities that:
(i) Coordinate lead hazard reduction
programs with weatherization activities
funded by state and local governments
and the federal government; and
(ii) Reduce or eliminate health-related
hazards in the home caused by toxic
agents, such as molds and other
allergens, carbon monoxide, and other
hazardous agents and conditions; and
(7) Make communities more livable
by:
(i) Providing public and social
services; and
(ii) Improving infrastructure and
community facilities.
Activities support strategic goals b, c,
and d.
c. Encouraging Accessible Design
Features. As described in section
III.C.2.c., applicants must comply with
applicable civil rights laws, including
the Fair Housing Act, Section 504 of the
Rehabilitation Act of 1973, and the
Americans with Disabilities Act. These
laws and the regulations implementing
them provide for nondiscrimination
based on disability and require housing
and other facilities to incorporate
certain features intended to provide for
their use and enjoyment by persons
with disabilities. HUD is encouraging
applicants to add accessible design
features beyond those required under
civil rights laws and regulations. Such
features would eliminate many other
barriers limiting the access of persons
with disabilities to housing and other
facilities. Copies of the Uniform Federal
Accessibility Standards (UFAS) are
available online at: https://www.accessboard.gov/ufas/ufas-html/ufas.htm;
from the NOFA Information Center at
(800) HUD–8929 (toll free); and from the
Office of Fair Housing and Equal
Opportunity, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Room 5240, Washington,
DC 20410–200; telephone (202) 708–
2333 (this is not a toll free number).
Persons with hearing or speech
impairments may access these numbers
via TTY by calling the Federal
Information Relay Service at (800) 877–
8339. (This is a toll-free number.)
Accessible design features are
intended to promote visitability and
incorporate features of universal design,
as described below.
(1) Visitability in New Construction
and Substantial Rehabilitation.
Applicants are encouraged to
incorporate visitability standards, where
feasible, in new construction and
substantial rehabilitation projects.
Visitability standards allow a person
with mobility impairments access into
the home, but do not require that all
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features be made accessible. Visitability
means that there is at least one entrance
at grade (no steps), approached by an
accessible route such as a sidewalk, and
that the entrance door and all interior
passage doors are at least 2 feet, 10
inches wide, allowing 32 inches of clear
passage space. A visitable home also
serves persons without disabilities, such
as a mother pushing a stroller or a
person delivering a large appliance.
More information about visitability is
available at: https://www.
concretechange.org/.
Activities support strategic goals b, c,
and d.
(2) Universal Design. Applicants are
encouraged to incorporate universal
design in the construction or
rehabilitation of housing, retail
establishments, and community
facilities funded with HUD assistance.
Universal design is the design of
products and environments to be usable
by all people to the greatest extent
possible, without the need for
adaptation or specialized design. The
intent of universal design is to simplify
life for everyone by making products,
communications, and the built
environment more usable by as many
people as possible at little or no extra
cost to the user. In addition to any
applicable required accessibility feature
under section 504 of the Rehabilitation
Act of 1973 or the design and
construction requirements of the Fair
Housing Act, the Department
encourages applicants to incorporate the
principles of universal design when
developing housing, community
facilities, and electronic communication
mechanisms, or when communicating
with community residents at public
meetings or events.
HUD believes that to address
affordable housing needs effectively, it
is necessary to provide affordable
housing that is accessible to all
regardless of ability or age. Likewise,
creating places where people work,
train, and interact that are usable and
open to all residents increases
opportunities for economic and
personal self-sufficiency. More
information on universal design is
available from the Center for Universal
Design at: https://www.design.ncsu.edu/
cud/ or the Resource Center on
Accessible Housing and Universal
Design at: https://www.abledata.com/
abledata.cfm?pageid=113573&
top=16029§ionid=19326.
Activities support strategic goals a
through d.
d. Providing Full and Equal Access to
Grassroots Faith-Based and Other
Community Organizations in HUD
Program Implementation.
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(1) HUD encourages nonprofit
organizations, including grassroots
faith-based and other community
organizations, to participate in the vast
array of programs for which funding is
available through HUD’s programs. HUD
also encourages states, units of local
government, universities, colleges, and
other organizations to partner with
grassroots organizations (e.g., civic
organizations, faith communities, and
grassroots faith-based and other
community organizations) that have not
been effectively utilized. These
grassroots organizations have a strong
history of providing vital community
services. Additionally, HUD encourages
applicants to include grassroots faithbased and other community
organizations in their work plans.
Applicants, their partners, and
participants must review the individual
FY2008 HUD program announcements
to determine whether they are eligible to
apply for funding directly or whether
they must establish a working
relationship with an eligible applicant
in order to participate in a HUD funding
opportunity. Grassroots faith-based and
other community organizations, and
applicants that currently or propose to
partner, fund, subgrant, or subcontract
with grassroots organizations (including
grassroots faith-based or other
community nonprofit organizations
eligible under applicable program
regulations) in conducting their work
programs will receive higher rating
points, as specified in the individual
FY2008 HUD program announcements.
(2) Definitions of Grassroots
Organizations.
(a) HUD will consider an organization
a ‘‘grassroots organization’’ if the
organization is headquartered in the
local community in which it provides
services; and
(i) Has a social services budget of
$300,000 or less, or
(ii) Has six or fewer full-time
equivalent employees.
(b) Local affiliates of national
organizations are not considered
‘‘grassroots.’’ Local affiliates of national
organizations are encouraged, however,
to partner with grassroots organizations,
but must demonstrate that they are
currently working with a grassroots
organization (e.g., having a grassroots
faith-based or other community
organization provide volunteers).
(c) The cap provided in paragraph
(2)(a)(i) above includes only that portion
of an organization’s budget allocated to
providing social services. It does not
include other portions of the budget,
such as salaries and expenses, not
directly expended in the provision of
social services.
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Activities support strategic goal f.
e. Participation of Minority-Serving
Institutions (MSIs) in HUD Programs.
Pursuant to Executive Orders 13256,
‘‘President’s Board of Advisors on
Historically Black Colleges and
Universities;’’ 13230, ‘‘President’s
Advisory Commission on Educational
Excellence for Hispanic Americans;’’
13216, ‘‘Increasing Participation of
Asian Americans and Pacific Islanders
in Federal Programs;’’ and 13270,
‘‘Tribal Colleges and Universities,’’ HUD
is strongly committed to broadening the
participation of MSIs in its programs.
HUD is interested in increasing the
participation of MSIs in order to
advance the development of human
potential, strengthen the nation’s
capacity to provide high quality
education, and increase opportunities
for MSIs to participate in and benefit
from federal financial assistance
programs. HUD encourages all
applicants and recipients to include
meaningful participation of MSIs in
their work programs. A listing of MSIs
can be found on the Department of
Education Web site at: https://
www.ed.gov/about/offices/list/ocr/
edlite-minorityinst.html or HUD’s Web
site at: https://www.hud.gov/offices/adm/
grants/fundsavail.cfm.
Activities support strategic goals c
and d.
f. Ending Chronic Homelessness.
President Bush has set a national goal to
end chronic homelessness. HUD
Secretary Alphonso Jackson has
embraced this goal and has pledged that
HUD’s grant programs will be used to
support the President’s goal and better
meet the needs of chronically homeless
individuals. A person experiencing
chronic homelessness is defined as an
unaccompanied individual with a
disabling condition who has been
continuously homeless for a year or
more or has experienced four or more
episodes of homelessness over the last
3 years. A disabling condition is defined
as a diagnosable substance abuse
disorder, serious mental illness,
developmental disability, or chronic
physical illness or disability, including
the co-occurrence of two or more of
these conditions. Applicants are
encouraged to target assistance to
chronically homeless persons by
undertaking activities that will result in:
(1) Creation of affordable housing
units, supportive housing, and group
homes;
(2) Establishment of a set-aside of
units of affordable housing for the
chronically homeless;
(3) Establishment of substance abuse
treatment programs targeted to the
homeless population;
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(4) Establishment of job training
programs that will provide
opportunities for economic selfsufficiency;
(5) Establishment of counseling
programs that assist homeless persons
in finding housing, managing finances,
managing anger, and building
interpersonal relationships;
(6) Provision of supportive services,
such as health care assistance, that will
permit homeless individuals to become
productive members of society; and
(7) Provision of service coordinators
or one-stop assistance centers that will
ensure that chronically homeless
persons have access to a variety of social
services.
Applicants that are developing
programs to meet the goals set in this
policy priority should keep in mind the
requirements of the regulations
implementing section 504 of the
Rehabilitation Act, in particular, 24 CFR
8.4(b)(1)(iv), 8.4(c)(1), and 8.4(d).
Activities support strategic goals b
and c.
g. Removal of Regulatory Barriers to
Affordable Housing. In FY2008, HUD
continues to make removal of regulatory
barriers a policy priority. Through the
Department’s America’s Affordable
Communities Initiative, HUD is seeking
input into how it can work more
effectively with the public and private
sectors to remove regulatory barriers to
affordable housing. Increasing the
affordability of rental and
homeownership housing continues to be
a high priority of the Department.
Addressing these barriers to housing
affordability is a necessary component
of any overall national housing policy.
Under this policy priority, higher
rating points are available to: (1)
Governmental applicants that are able to
demonstrate successful efforts in
removing regulatory barriers to
affordable housing, and (2)
nongovernmental applicants that are
associated with jurisdictions that have
undertaken successful efforts in
removing barriers. To obtain the policy
priority points for efforts to successfully
remove regulatory barriers, applicants
must complete form HUD–27300,
‘‘Questionnaire for HUD’s Removal of
Regulatory Barriers’’ (‘‘HUD
Communities Initiative’’ on Grants.gov).
Copies of HUD’s notices published on
this issue can be found on HUD’s Web
site at: https://www.hud.gov/offices/adm/
grants/fundsavail.cfm.
Local jurisdictions and counties with
land use and building regulatory
authority applying for funding, as well
as public housing agencies (PHAs),
nonprofit organizations, and other
qualified applicants applying for funds
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for projects located in these
jurisdictions, are invited to answer the
20 questions under Part A. An applicant
that scores at least five in column 2 will
receive one point in the NOFA
evaluation. An applicant that scores ten
or more in column 2 will receive two
points in the NOFA evaluation.
State agencies or departments
applying for funding, as well as PHAs,
nonprofit organizations, and other
qualified applicants applying for funds
for projects located in unincorporated
areas or areas not otherwise covered in
Part A, are invited to answer the 15
questions under Part B. Under Part B, an
applicant that scores at least four in
column 2 will receive one point in the
NOFA evaluation. Under Part B, an
applicant that scores eight or more will
receive a total of two points in the
respective evaluation.
Applicants that will be providing
services in multiple jurisdictions may
choose to address the questions in either
Part A or Part B for that jurisdiction in
which the preponderance of services
will be performed, should an award be
made. In no case will an applicant
receive more than two points for barrier
removal activities under this policy
priority. An applicant that is an Indian
tribe or TDHE may choose to complete
either Part A or Part B after determining
whether the tribe’s or TDHE’s
association with the local jurisdiction or
the state would be the more
advantageous for its application.
The form HUD–27300,
‘‘Questionnaire for HUD’s Removal of
Regulatory Barriers’’ (‘‘HUD
Communities Initiative’’ on Grants.gov),
is available as part of the application
package retrieved from Grants.gov, and
at: https://www.hud.gov/offices/adm/
hudclips/forms/hud2.cfm. A limited
number of questions on the form
expressly request the applicant to
provide brief documentation with its
response. Other questions require that,
for each affirmative statement made, the
applicant supply a reference, Internet
address, or brief statement indicating
where the back-up information may be
found and a point of contact, including
a telephone number or email address.
To obtain an understanding of this
policy priority and how it can affect
their score, applicants are encouraged to
read HUD’s three notices, which are
available at: https://www.hud.gov/
initiatives/affordablecom.cfm.
Applicants that do not provide the
Internet addresses, references, or
documentation will not get the policy
priority points.
Activities support strategic goals a
and b.
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h. Promoting Energy Efficiency and
Energy Star. HUD is encouraging
grantees to take specific energy-saving
actions in furtherance of HUD’s Energy
Action Plan described in the August
2006 Report to Congress entitled:
‘‘Promoting Energy Efficiency at HUD in
a Time of Change,’’ submitted under
section 154 of the Energy Policy Act of
2005 (Pub. L. 109–58). (A copy of the
report can be obtained at: (https://
www.huduser.org/publications/destech/
energyefficiency.html.) As a result,
grantees that design, build, rehabilitate,
or operate housing or community
facilities with funds awarded through
HUD’s NOFAs will receive policy
priority points if they incorporate
energy-efficiency measures in the
design, construction, rehabilitation, and
operation of these properties (https://
www.energystar.gov/
index.cfm?c=home.index) and use
Energy Star-labeled products. To find
Energy Star products go to https://
www.energystar.gov/ and click on
‘‘Products’’.
Grantees that receive funds for HUD’s
Housing Counseling and Community
Development Technical Assistance
programs will receive policy priority
points if, when providing counseling or
training services, they include
information on Energy Star appliances
and products and information on the
potential cost savings associated with
buildings constructed using Energy Star
standards.
Examples of specific actions that may
be taken when designing and
implementing construction,
rehabilitation, or maintenance activities
include:
Note: Grantees undertaking design,
construction, rehabilitation, or maintenance
projects must demonstrate in their statement
of work, construction and design plan, and
specifications how they meet this
requirement. Specific requirements are
identified in the program NOFA and the
award agreement.
(1) Replace older obsolete products
and appliances (such as lighting,
domestic hot water heaters, furnaces,
boilers, and air conditioning units, as
well as household appliances including,
but not limited to, refrigerators, clothes
washers and dishwashers) with Energy
Star-labeled products, when replacing
existing products is more cost-effective
than repair and/or the appliance is no
longer in operating condition;
(2) Build new or rehabilitate existing
single-family homes to Energy Star
standards for new homes (15 percent
more efficient than the 2004
International Residential Code); or
include combined heat and power in
multifamily properties;
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14901
(3) Meet the requirements for Energy
Star Qualified New Homes (https://
www.energystar.gov/
index.cfm?c=new_homes.nh_features)
for gut rehabilitation or new
construction of low-rise multifamily
housing (three stories or fewer);
(4) Meet ASHRAE 90.1–2004,
Appendix G plus 20 percent (which is
the Energy Star standard for multifamily
buildings piloted by the Environmental
Protection Agency and the Department
of Energy for gut rehabilitation or new
construction of mid-or high-rise
multifamily housing (see ASHRAE
90.1–2004 standards at: https://
www.realread.com/prst/pageview/
browse.cgi?book=1931862664);
Note: Grantee reporting requirements to
demonstrate compliance and cost savings
will be specified in the program NOFA and
the award agreement. Examples of specific
actions that may be taken by grantees
receiving funding for housing counseling or
technical assistance services that do not
directly design, construct, rehabilitate, and/
or maintain buildings include the following:
(1) Provide counseling services, directly or
in conjunction with HUD housing counseling
agencies, to educate low- and moderateincome renters and homebuyers on energy
conservation practices, the benefits and
savings related to the use of Energy Starlabeled products and appliances, and the
availability of Energy Efficient Mortgages,
rebate programs, and Energy-Star qualified
new homes;
(2) Provide information at economic
development and housing-related technical
assistance sessions to educate local
community officials and staff on Energy Star
products and appliances and on energy
savings when constructing or rehabilitating
buildings to Energy Star standards;
(3) Report on the number of persons
counseled or trained on Energy Star
utilization and on cost savings associated
with using Energy Star products and
appliances.
Applicants are placed on notice that
the Department is currently reviewing
whether to require grantees in FY2009
to incorporate energy-efficiency
measures in the design, construction,
rehabilitation, and operation of
properties designed, built, rehabilitated,
or operated with funds awarded through
HUD’s NOFAs and to require Housing
Counseling and Community
Development Technical Assistance
grantees to include information on
Energy Star appliances and products, as
well as potential cost savings associated
with buildings constructed using Energy
Star standards, when providing
counseling or training services. If the
Department decides to make these
requirements mandatory, the public will
be provided advance notification and
have the opportunity to comment.
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i. Utilization and Promotion of FHA
Mortgages and Fair Lending Practices.
Applicants constructing,
rehabilitating, or maintaining single-or
multifamily housing or community
facilities are urged to utilize FHA
mortgages and purchase discounted
FHA Real Estate Owned (REO) property.
Many homebuyers may be unaware than
an FHA-insured mortgage may be a less
expensive and safer mortgage option
compared to conventional and
‘‘subprime’’ mortgages. By providing
homebuyers with information about
FHA-insured mortgages, homebuyers
may be able to avoid becoming victims
of predatory lending practices or
foreclosure.
HUD has also found that low- and
moderate-income households are often
unnecessarily paying high interest rates
and are vulnerable to predatory lending
practices or aggressive marketing by
subprime lenders. Many of the
foreclosures in FY2007 were the result
of interest rate resets and increases on
loans due to 2-or 3-year adjustable-rate
mortgages. These consumers are also in
need of information on Fair Lending
and discriminatory lending practices.
Applicants for funding will receive a
policy-priority point if they demonstrate
that: (1) They are providing low- and
moderate-income households with
information on FHA products as
reliable, safe alternatives for consumers
facing foreclosure or as a refinancing
mechanism to reduce costs and reliance
on subprime lenders; and (2) as
households are provided information on
FHA products, they are also provided
information on Fair Lending and
discriminatory lending practices so they
become informed consumers. The
information provided to consumers
must be provided in languages
appropriate to the clients being served.
Activities support strategic goals a
and b.
3. Threshold Compliance. Only
applications that meet all of the
threshold requirements will be eligible
to receive an award of funds from HUD.
4. Corrections to Deficient
Applications. After the application
deadline, HUD may not, consistent with
its regulations in 24 CFR part 4, subpart
B, consider any unsolicited information
that an applicant may want to provide.
HUD may contact an applicant to clarify
an item in its application or to correct
curable (correctable) technical
deficiencies. HUD may not seek
clarification of items or responses that
improve the substantive quality of an
applicant’s response to any rating
factors. In order not to unreasonably
exclude applications from being rated
and ranked, HUD may contact
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applicants to ensure proper completion
of the application, and will do so on a
uniform basis for all applicants.
Examples of curable (correctable)
technical deficiencies include
inconsistencies in the funding request,
failure to submit the proper
certifications, and failure to submit an
application that contains a signature by
an official able to make a legally binding
commitment on behalf of the applicant.
In the case of an applicant that received
a waiver of the regulatory requirement
to submit an electronic application, the
technical deficiency may include failure
to submit an application that contains
an original signature. If HUD finds a
curable deficiency in the application,
HUD will notify the applicant in writing
by describing the clarification or
technical deficiency. HUD will notify
applicants by e-mail, facsimile, or via
the U.S. Postal Service, return receipt
requested. Clarifications or corrections
of technical deficiencies in accordance
with the information provided by HUD
must be submitted within 14 calendar
days of the date of receipt of the HUD
notification. (If the deadline date falls
on a Saturday, Sunday, or federal
holiday, the applicant’s correction must
be received by HUD on the next day that
is not a Saturday, Sunday, or federal
holiday.) If the deficiency is not
corrected within this time, HUD will
reject the application as incomplete, and
it will not be considered for funding. In
order to meet statutory deadlines for the
obligation of funds or for timely
completion of the review process,
program NOFAs may reduce the number
of days for submitting a response to a
HUD request for clarification or
correction to a technical deficiency.
Please be sure to carefully read each
program NOFA for any additional
information and instructions. An
applicant’s response to a HUD
notification of a curable deficiency
should be submitted directly to HUD in
accordance with the instructions
provided in the notification.
5. Rating Panels. To review and rate
applications, HUD may establish panels
that may include persons not currently
employed by HUD. HUD may include
these non-HUD employees to obtain
particular expertise and outside points
of view, including views from other
federal agencies. Persons brought into
HUD to review applications are subject
to conflict-of-interest provisions. In
addition, reviewers using HUD
information technology (IT) systems
may be subject to an IT security check.
6. Rating. HUD will evaluate and rate
all applications for funding that meet
the threshold requirements.
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7. Ranking. HUD will rank applicants
within each program or, for Continuum
of Care applicants, across the three
programs identified in the Continuum of
Care NOFA. HUD will rank applicants
against only those applying for the same
program funding.
Where there are set-asides within a
program competition, the applicant will
compete against only those applicants
in the same set-aside competition.
C. Anticipated Announcement and
Award Dates. The individual program
NOFAs will provide the applicable
information regarding this subject.
VI. Award Administration Information
A. Award Notices
1. Negotiation. After it has rated and
ranked all applications and made
selections, HUD may require, depending
upon the program, that a selected
applicant participate in negotiations to
determine the specific terms of the
funding agreement and budget. In cases
where HUD cannot successfully
conclude negotiations with a selected
applicant or a selected applicant fails to
provide HUD with requested
information, an award will not be made
to that applicant. In such an instance,
HUD may offer an award to, and
proceed with negotiations with, the next
highest-ranking applicant.
2. Adjustments to Funding.
a. To ensure the fair distribution of
funds and enable the purposes or
requirements of a specific program to be
met, HUD reserves the right to fund less
than the full amount requested in your
application.
b. HUD will not fund any portion of
an application that: (1) Is not eligible for
funding under specific HUD program
statutory or regulatory requirements; (2)
does not meet the requirements of this
notice; or (3) is duplicative of other
funded programs or activities from prior
year awards or other selected
applicants. Only the eligible portions of
an application (excluding duplicative
portions) may be funded.
c. If funds remain after funding the
highest-ranking applications, HUD may
fund all or part of the next highestranking application in a given program.
If an applicant turns down an award
offer, HUD will make an offer of funding
to the next highest-ranking application.
d. If funds remain after all selections
have been made, remaining funds may
be made available within the current
fiscal year for other competitions within
the program area or be held over for
future competitions.
e. If, subsequent to announcement of
awards made under the FY2008 NOFAs,
additional funds become available
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either through a supplemental
appropriation or recapture of funds
during FY2008, HUD reserves the right
to use the additional funding to provide
full funding to an FY2008 applicant that
was denied the requested amount of
funds due to insufficient funds to make
the full award, and/or to fund additional
applicants that were eligible to receive
an award but for which there were no
funds available.
f. Individual program NOFAs may
have other requirements, so please
review the program NOFAs carefully.
3. Funding Errors. In the event HUD
commits an error that, if corrected,
would result in selection of an applicant
during the funding round of a program
NOFA, HUD may select that applicant
for funding, subject to the availability of
funds.
4. Performance and Compliance
Actions of Funding Recipients. HUD
will measure and address the
performance and compliance actions of
funding recipients in accordance with
the applicable standards and sanctions
of their respective programs.
5. Debriefing. For a period of at least
120 days, beginning 30 days after the
awards for assistance are publicly
announced, HUD will provide to a
requesting applicant a debriefing related
to its application. A request for
debriefing must be made in writing or
by email by the authorized official
whose signature appears on the SF–424
or by his or her successor in office, and
be submitted to the person or
organization identified as the contact
under the section entitled ‘‘Agency
Contact(s)’’ in the individual program
NOFA under which the applicant
applied for assistance. Information
provided during a debriefing will
include, at a minimum, the final score
the applicant received for each rating
factor, final evaluator comments for
each rating factor, and the final
assessment indicating the basis upon
which assistance was provided or
denied.
B. Administrative and National Policy
Requirements
See Section III.C. of this notice
regarding related requirements.
C. Reporting
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1. Use of a Logic Model To Report
Performance
In FY2004, HUD began using as a
planning tool the Logic Model
submitted as part of NOFA applications.
In FY2005, HUD required grant
agreements to incorporate performance
reporting against the approved Logic
Model. In FY2006, HUD moved to
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standardized ‘‘master’’ Logic Models
from which applicants can select needs,
activities/outputs, and outcomes
appropriate to their programs. In
addition, program offices have
identified Program Management
Evaluation Questions that grantees will
be required to report on, as specified in
the approved program eLogic ModelTM.
The time frame established for the Logic
Model reporting will be in accordance
with the program’s established reporting
periods and as stated in the program
NOFA.
2. Placement of Approved Logic Models
and Reports on HUD’s Website
It is HUD’s intent to publish approved
Logic Models and grantee progress
reports submitted to HUD on its Grants
website. Starting with awards made in
FY2007, HUD established a Grants
Performance page that features program
performance ratings issued by OMB
under its Program Assessment Rating
Tool (PART) or its successor tool, for
HUD programs that have been evaluated
by OMB. HUD will also post all
approved Logic Models that show each
awardee’s projected outputs and
outcomes during the period of
performance. As required performance
reports are received by HUD, they will
be added to the Web site. HUD is
creating this website page to highlight
and make available to the public
performance and results from HUDfunded programs, in keeping with
Executive Order 13392, issued
December 14, 2005, and published in
the Federal Register on December 19,
2005 (70 FR 75373). HUD believes that
informing the public on progress is in
keeping with presidential and
congressional intent for transparency in
federally funded programs, as
demonstrated by the passage of the
Federal Funding Accountability and
Transparency Act of 2006 (Pub. L. 109–
282), and creation of the federal Web
sites https://www.ExpectMore.gov and
https://www.Results.gov.
3. Return on Investment Statements
HUD also intends to propose Return
on Investment (ROI) Statements for each
of its competitive grant programs. Before
finalizing ROI Statements for
implementation, HUD will either offer
incentive funding for applicants
wishing to participate in developing an
ROI as part of their grant program or
HUD will publish the proposed ROI
Statements for public comment. HUD
believes the applicant/grantee
community can greatly assist HUD in its
attempt to place a value on the work
done under the Department’s grant
programs. While HUD expects grantees
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14903
to respond to the Management
Evaluation Questions in their final
reports, reporting on the ROI Statements
is not mandatory at this time. As HUD
finalizes ROI Statements for each
program, they will be included in
awards in the future. In FY2008, HUD
is offering ROI incentive funding in the
Housing for Persons with AIDS
(HOPWA) NOFA.
4. Logic Model Instructions
The Logic Model form (HUD–96010),
a Microsoft Excel workbook, contains
instructions in Tab 1 on how to use the
form. The form or eLogic ModelTM
incorporates a program-specific master
list of statements of need, service, or
activity/output(s) and their associated
unit(s) of measure; and outcome(s) and
their associated unit(s) of measure.
Applicants will be required to click on
a cell within a column. When you click
on the cell, the drop-down button
appears to the right of the cell.
Applicants can then select the
appropriate statement(s) to reflect their
proposed program. Applicants can
select multiple need(s) and services, or
activities/outputs and outcomes, but
each selection is entered in separate
cells using the drop-down menu. The
unit measure, whether for outputs or
outcomes, may be a number or date.
Applicants insert the expected number
of units to be completed or achieved or
date of achievement during the period
of performance. In this manner, the
applicant will build a custom Logic
Model reflecting their program of
activities. The custom Logic Model will
link the need(s) to the activity/output(s),
which in turn are linked to the result or
expected outcome(s) tailored to each of
HUD’s programs.
5. Logic Model Format
The following briefly describes the
format for the HUD Logic Model. Full
instructions are contained in the Logic
Model found in the Instructions
Download for the program, on
Grants.gov.
a. Each Logic Model has drop-down
menus for HUD Strategic Goals and
Policy Priorities, to eliminate applicant
confusion over what letters and
numbers to use for the goals and
priorities and to improve data quality;
b. Tabs for Year 1, Year 2, and Year
3 activities, as well as a tab for Total, are
provided in each Logic Model. HUD
found that applicants within a program
had varying opinions or interpretations
on time frames for short, intermediate,
and long term and that the use of clearly
defined time frames eliminated the
varying interpretations and provided for
better quality data. In response to
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grantee requests, in FY2008, HUD has
added a column labeled YTD (Year-ToDate), which represents cumulative
totals per year to each reporting period
for results achieved. By adding the
column, grantees can see immediately
what they have achieved during the
reporting period, what they have
achieved as they progress throughout
the year, what they have achieved on a
cumulative basis each reporting year,
and what they have achieved during the
period of award. The total tab allows for
cumulative projected and final results to
be shown covering all years of the
period of performance. Applicants with
a one-year period of performance only
have to complete the Year 1 tab, since
the total results will all occur in the
one-year award period. When reporting,
be sure to show non-cumulative data in
the past column and cumulative date in
the Year-To-Date (YTD) column.
c. For the grantees’ convenience and
to call attention to the requirements, the
Logic Model form contains reporting
instructions. The instructions ask
applicants to identify in their reports to
HUD where actual results deviated from
projected results—either positively or
negatively. The Reporting Instruction
tab includes a text field in which
grantees can report any deviations, as
well as their responses to the
management questions. While the
reporting tab does not add additional
burden hours to the information
collection, HUD believes that having the
reporting tab in the form assists the
applicant in completing their Logic
Model and provides for better quality
Logic Models and reporting to HUD.
HUD will continue to review data
received via eLogic ModelTM in 2007
and would like to thank the applicant/
grantee community for their
recommendations and insights.
In FY2008, to provide for greater
consistency in reporting, applicants
must include all activities and outcomes
expected per year of the period of
performance. Applicants should
carefully review the program NOFA for
required outputs and outcome
selections, as some of the program
NOFAs define what must, at a
minimum, be included in the Logic
Model.
6. In FY2008, Grantees Must Adhere to
the Following Reporting Principles
a. An evaluation process will be part
of the ongoing management of the HUDfunded award;
b. Comparisons will be made between
projected and actual numbers for
outputs and outcomes;
c. Deviations from projected outputs
and outcomes will be documented and
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explained as part of required reporting;
and
d. Data will be analyzed to determine
the relationship of outputs to outcomes,
to determine which outputs produce
which outcomes and which are most
effective.
As stated above, in FY2007, HUD
required each program to establish a set
of Program Management Evaluation
Questions for grantee reporting.
Grantees must use these questions to
self-evaluate the management and
performance of their program. HUD is
continuing this practice in FY2008. In
developing the Program Management
Evaluation Questions for the Master
Logic Model, HUD trained its program
managers on the Carter-Richmond
Methodology, a critical thinking process
that identifies key management and
evaluation questions for HUD’s
programs. The following table identifies
the Carter-Richmond generic questions
and where the source data is found in
the Logic Model.
Richmond Methodology in their reports
to HUD. The program NOFA Logic
Models will identify the particular
questions to be addressed that relate to
the statutory purpose and intent of each
program. In FY2008, the Management
Questions have been developed as an
excel table which formats the question
as a data element and the response to
the question as a data element. By
creating this table, grantees when
reporting can enter the response to the
management questions in the data field
provided, allowing the management
question responses to be placed in the
Logic Model database for further
analysis.
Training on HUD’s Logic Model and
on the reporting requirements for
addressing the Program Management
Evaluation Questions will be provided
via satellite broadcast. The training will
also provide examples of how to
construct the Logic Model using the
drop-down lists in the eLogic ModelTM.
Training materials and the dates for the
CARTER-RICHMOND METHODOLOGY:1 training will be on HUD’s Web site at:
BUILDING BLOCKS FOR EFFECTIVE https://www.hud.gov/offices/adm/grants/
MANAGEMENT
fundsavail.cfm, shortly after publication
of the SuperNOFA. In addition, each
Management
Logic model columns program NOFA broadcast will address
questions
for source data
the specific questions and reporting
requirements for the specific program.
1. How many clients
Service/Activity/Outare you serving?
put.
Applicants should submit the
2. How many units
Service/Activity/Outcompleted Logic Model as an
were provided?
put.
attachment to their application, in
3. Who are you servService/Activity/Outaccordance with the directions in the
ing?
put.
program NOFA for addressing the
4. What services do
Service/Activity/Outyou provide?
put.
factors for award. Each program NOFA
5. What does it cost? Service/Activity/Outwill identify if it requires the factors for
put.
award, including the Logic Model that
6. What does it cost
Service/Activity/Outis required as part of the application
per service delivput/Evaluation.
submission, to be submitted as a single
ered?
attached file or as separate files. Please
7. What happens to
Outcome.
the ‘‘subjects’’ as a
follow the program NOFA directions.
result of the servWhen opening the eLogic ModelTM
ice?2
enable the Macros. DO NOT convert the
8. What does it cost
Outcome and Evaluafile to PDF format. Save the file in the
per outcome?
tion.
9. What is the value
Outcome and Evalua- format you opened it. Grants.gov can
now accept Microsoft Office 2007 files
of the outcome?
tion.
and HUD can read both Microsoft Office
10. What is the return Evaluation.
on investment?
2003 and Microsoft Office 2007 files.
1 ‘‘The Accountable Agency—How to EvaluAfter being selected for funding and
ate the Effectiveness of Public and Private awarded funds, grantees will be
Programs,’’ Reginald Carter, ISBN Number required to submit a completed form
9780978724924.
2 The subject can be a client or a unit, such
HUD–96010, Logic Model, indicating
as a building, and is defined in its associated results achieved against the proposed
unit of service.
output(s) and proposed outcome(s)
stated in the grantee’s approved
As a result of this training, each
program has developed specific Program application and agreed to by HUD. The
Logic Model and required management
Management Evaluation Questions
tailored to the statutory purpose of each questions must be submitted to HUD in
accordance with the reporting periods
of their programs. Each program NOFA
will require applicants to address these
identified in each program NOFA for
questions based upon the Carterproviding reports to HUD.
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7. Use of Form HUD–27061, Race and
Ethnic Data Reporting Form, to Report
Race and Ethnicity Data for
Beneficiaries of HUD Programs
HUD requires grantees that provide
HUD program benefits to individuals or
families to report data on the race and
ethnicity of those receiving such
benefits. Grantees that provide benefits
to individuals during the period of
performance, whether directly, through
subrecipients, or through contractual
arrangements, must report the data
using form HUD–27061, Race and
Ethnic Data Reporting Form, on
Grants.gov. The form is a data collection
based on the standards published by
OMB on August 13, 2002. The
individual program NOFAs will identify
applicable reporting requirements
related to each program. Applicants
reporting to HUD using an online
system can use that system to meet this
requirement, provided the data elements
and reports derived from the system are
equivalent to the data collection in the
form HUD–27061. For programs where
race and ethnicity reporting is required,
copies of form HUD–27061 will be
included in the Instructions Download
portion of the application posted to
Grants.gov.
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8. Frequency of Reports and Data
Consistency
a. Logic Model Reporting. When
submitting eLogic ModelTM reports on a
quarterly or semiannual basis, each
report should show the results that
occurred during that reporting period.
All final reports should provide a final
eLogic ModelTM performance for the
entire period of the award. See
instructions in the eLogic ModelTM on
how to label files when reporting. When
reporting, be sure to show noncumulative data in the past column and
cumulative data in the Year-To-Date
(YTD) column.
b. Race and Ethnic Data Report.
When submitting the Race and Ethnic
Data Reporting Form (HUD–27061) on a
quarterly or semiannual basis, each
reporting period should show the
results that occurred during the
performance period for all active clients.
If a multiyear program is funded, then
each annual report should show results
that occurred during that performance
year for all active clients. A final form
HUD–27061 should show results for all
active clients for the entire period of
performance.
VII. Agency Contact(s)
The individual program NOFAs will
identify the applicable agency contacts
related to each program. Questions
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16:56 Mar 18, 2008
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regarding this notice should be directed
to the NOFA Information Center
between the hours of 10 a.m. and 6:30
p.m. eastern time at (800) HUD–8929.
Persons with hearing or speech
impairments may access this number
via TTY by calling the Federal
Information Relay Service at (800) 877–
8339. (These are toll-free numbers.)
Questions regarding specific program
requirements should be directed to the
agency contacts identified in each
program NOFA.
VIII. Other Information
14905
www.grants.gov/applicants/find_grant_
opportunities.jsp and has continued to
do so through FY2008. In addition,
Grants.gov is working with federal
agencies to begin the process of
accepting mandatory and formula grant
program plans and application
submissions online via Grants.gov.
Applicants for HUD’s formula and
competitive programs are urged to
become familiar with the Grants.gov
website, registration procedures, and
electronic submissions so that, as the
website is expanded, you will be
registered and familiar with the findand-apply functionality. The Grants.gov
Internet address for Finding Grant
Opportunities is https://www.grants.gov/
applicants/find_grant_opportunities.jsp.
The Grants.gov Internet address for
Applying for Grant Opportunities is
https://www.grants.gov/applicants/
apply_for_grants.jsp.
A. Public Law 106–107 Streamlining
Activities and Grants.gov
The Federal Financial Assistance
Management Improvement Act of 1999
(Pub. L.106–107) directed each federal
agency to develop and implement a plan
that, among other things, streamlines
and simplifies the application,
administrative, and reporting
procedures for federal financial
assistance programs administered by the
agency. This law also required the
Director of OMB to direct, coordinate,
and assist federal agencies in
establishing: (1) A common application
and reporting system and (2) an
interagency process for addressing ways
to streamline and simplify federal
financial assistance application and
administrative procedures, as well as
reporting requirements for program
applicants. Over the last several years,
the intergovernmental work groups
tasked with the implementation of
Public Law 106–107 have been engaged
in various streamlining activities that
are now being shared with the grantee
community for their input prior to being
implemented across the federal
government. Public Law 106–107
sunsets in 2008. Despite the sunset of
the law, federal agencies are still
working to simplify and streamline their
application and submission
requirements. Applicants and grantees
are urged to participate in the
broadcasts sponsored by the Grants
Policy Committee and the federal
government work groups to become
familiar with the proposed changes to
simplify requirements, at https://
www.grants.gov/aboutgrants/
streamlining_initiatives.jsp.
D. Paperwork Reduction Act Statement
The information collection
requirements in this notice have been
approved by OMB under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). In accordance with the
Paperwork Reduction Act, HUD may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information, unless the collection
displays a valid OMB control number.
Each program NOFA will identify its
applicable OMB control number.
B. Grants.gov
The Grants.gov initiative focuses on
allowing the public to easily FIND
competitive funding opportunities and
then APPLY for grant funding
electronically via Grants.gov. In
FY2004, HUD posted all of its funding
opportunities, with the exception of
Continuum of Care, on https://
E. Environmental Impact
A Finding of No Significant Impact
with respect to the environment has
been made for this notice, in accordance
with HUD regulations at 24 CFR part 50
that implement Section 102(2)(C) of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)). The
Finding of No Significant Impact is
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C. HUD-IRS Memorandum of Agreement
HUD and the IRS have entered into a
memorandum of agreement to provide
information to HUD grantees serving
low-income, disabled, and elderly
persons, as well as persons with limited
English proficiency, on the availability
of low-income housing tax credits, the
earned income tax credit, individual
development accounts, child tax credits,
and the IRS Voluntary Income Tax
Assistance program. HUD is making
available on its Web site information on
these IRS asset-building resources. HUD
encourages you to visit the Web site and
disseminate this information to lowincome residents in your community
and other organizations that serve lowincome residents, so that eligible
individuals can take advantage of these
resources.
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available for public inspection between
8 a.m. and 5 p.m. eastern time, Monday
through Friday, except federal holidays,
in the Office of General Counsel,
Regulations Division, Department of
Housing and Urban Development, 451
Seventh Street, SW., Room 10276,
Washington, DC 20410–0500.
F. Executive Orders and Congressional
Intent
1. Executive Order 13132, Federalism
Executive Order 13132 prohibits, to
the extent practicable and permitted by
law, an agency from promulgating
policies that have federalism
implications and either impose
substantial direct compliance costs on
state and local governments and are not
required by statute, or preempt state
law, unless the relevant requirements of
Section 6 of the executive order are met.
This notice does not have federalism
implications and does not impose
substantial direct compliance costs on
state and local governments or preempt
state law within the meaning of the
executive order.
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2. American-Made Products
Sections 708 and 709 of the
Transportation, Treasury, Housing and
Urban Development, the Judiciary, and
Independent Agencies Appropriations
Act, 2006 (Public Law 109–115;
approved Nov. 30, 2005), states that, to
the greatest extent practicable, all
equipment and products purchased
with funds made available should be
made in the United States.
3. Eminent Domain
In accordance with Division K, Title
IV (General Provisions), section 411 of
the Consolidated Appropriations Act,
2008 (Pub. L. 110–161, approved
December 26, 2007), no funds made
available in FY2008 may be used to
support any federal, state, or local
projects that seek to use the power of
eminent domain, unless eminent
domain is employed only for a public
use. This limitation also applied to
FY2007 appropriated funds.
For purposes of this provision, public
use shall not be construed to include
economic development that primarily
benefits private entities.
Further, any use of funds for mass
transit, railroad, airport, seaport, or
highway projects, as well as utility
projects which benefit or serve the
general public (including energyrelated, communication-related, water-
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related, and wastewater-related
infrastructure), other structures
designated for use by the general public
or which have other common-carrier or
public-utility functions that serve the
general public and are subject to
regulation and oversight by the
government, and projects for the
removal of an immediate threat to
public health and safety or brownfields,
as defined in the Small Business
Liability Relief and Brownfields
Revitalization Act (Pub. L. 107–118),
shall be considered a public use for
purposes of eminent domain.
disclosure reports (form HUD–2880)
submitted in connection with an
FY2008 NOFA. Update reports (also
reported on form HUD–2880) will be
made available along with the applicant
disclosure reports, but in no case for a
period of less than 3 years. All reports,
both applicant disclosures and updates,
will be made available in accordance
with the Freedom of Information Act (5
U.S.C. 552) and HUD’s implementing
regulations (24 CFR part 5).
G. Public Access, Documentation, and
Disclosure
Section 102 of the Department of
Housing and Urban Development
Reform Act of 1989 (HUD Reform Act)
(42 U.S.C. 3545) and the regulations
codified at 24 CFR part 4, subpart A,
contain a number of provisions that are
designed to ensure greater
accountability and integrity in the
provision of certain types of assistance
administered by HUD. On January 14,
1992, HUD published a notice that also
provides information on the
implementation of section 102 (57 FR
1942). The documentation, public
access, and disclosure requirements of
section 102 apply to assistance awarded
under individual NOFAs published as
part of HUD’s SuperNOFA or thereafter,
as described below.
HUD’s regulations at 24 CFR part 4
provide that HUD will publish a notice
in the Federal Register to notify the
public of all funding decisions made by
the Department to provide:
a. Assistance subject to section 102(a)
of the HUD Reform Act; and
b. Assistance provided through grants
or cooperative agreements on a
discretionary (non-formula, nondemand) non-competitive basis.
1. Documentation, Public Access, and
Disclosure Requirements
HUD will ensure that documentation
and other information regarding each
application submitted pursuant to its
FY2008 NOFAs, whether published in
the 2008 SuperNOFA or in NOFAs
published thereafter, are sufficient to
indicate the basis upon which
assistance was provided or denied. This
material, including any letters of
support, will be made available for
public inspection for a 5-year period
beginning not less than 30 days after the
award of the assistance. Material will be
made available in accordance with the
Freedom of Information Act (5 U.S.C.
552) and HUD’s implementing
regulations (24 CFR part 15).
2. Form HUD–2880, ‘‘Applicant/
Recipient Disclosure/Update Report’’
(‘‘HUD Applicant Recipient Disclosure
Report’’ on Grants.gov)
HUD will also make available to the
public, for 5 years, all applicant
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3. Publication of Recipients of HUD
Funding
H. Section 103 of the HUD Reform Act
HUD’s regulations implementing
section 103 of the HUD Reform Act,
codified at 24 CFR part 4, subpart B,
apply to this funding competition. The
regulations continue to apply until the
announcement of the selection of
successful applicants. HUD employees
involved in the review of applications
and in the making of funding decisions
are prohibited by the regulations from
providing advance information to any
person (other than an authorized
employee of HUD) concerning funding
decisions or from otherwise giving any
applicant an unfair competitive
advantage. Persons who apply for
assistance should confine their inquiries
to the subject areas permitted under 24
CFR part 4.
Applicants or employees who have
ethics-related questions should contact
the HUD Ethics Law Division at (202)
708–3815 (this is not a toll-free
number). The toll-free TTY number for
persons with speech or hearing
impairments is (800) 877–8339. HUD
employees who have specific program
questions should contact the
appropriate field office counsel or
Headquarters counsel for the program to
which the question pertains.
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Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Notices
[FR Doc. E8–5626 Filed 3–18–08; 8:45 am]
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14912
Agencies
[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Notices]
[Pages 14882-14912]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5626]
[[Page 14881]]
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Part II
Department of Housing and Urban Development
-----------------------------------------------------------------------
Notice of HUD's Fiscal Year (FY) 2008 Notice of Funding Availability
(NOFA); Policy Requirements and General Section to HUD's FY2008 NOFAs
for Discretionary Programs; Notice
Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 /
Notices
[[Page 14882]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5200-N-01]
Notice of HUD's Fiscal Year (FY) 2008 Notice of Funding
Availability (NOFA); Policy Requirements and General Section to HUD's
FY2008 NOFAs for Discretionary Programs
AGENCY: Office of the Secretary, HUD.
ACTION: Notice of HUD's FY2008 NOFA Policy Requirements and General
Section to HUD's FY2008 NOFAs for Discretionary Programs (notice).
-----------------------------------------------------------------------
SUMMARY: This notice provides prospective applicants for HUD
competitive funding with the opportunity to become familiar with the
General Section of HUD's FY2008 NOFAs, in advance of publication of any
FY2008 NOFAs. HUD plans to publish its annual SuperNOFA in spring 2008.
Early publication of the General Section is one of several steps
instituted to improve the funding process for the grantee community.
Early publication of the General Section gives prospective applicants
additional time to become familiar with and address provisions in the
General Section, which constitute part of almost every individual
program application. HUD will publish as a technical correction any
changes to this General Section made after today's publication.
HUD will continue to require that applicants submit their
applications electronically via Grants.gov. In FY2008, HUD will be
using Adobe Forms applications packages, available on Grants.gov. The
Adobe Forms packages are compatible with the Windows Vista operating
system, Apple Macintosh computers, and Microsoft Office 2007. Please
carefully read the instructions in this notice regarding use of Adobe
forms.
To submit an application via Grants.gov, new users will be required
to complete a five-step registration process, which can take 2 to 4
weeks to complete. The process includes ensuring that information
provided by your organization to Dun and Bradstreet (D&B) matches
information previously provided by your organization and contained in
Internal Revenue Service (IRS) records. If there is a discrepancy in
the information, the registration cannot be completed until discrepancy
issues are resolved. Applicants that have previously completed the
registration process merely have to renew their registration in the
Central Contractor Registration (CCR). The renewal process confirms
that the registration information is still accurate and allows
organizations to make any appropriate changes. During the update
process, the CCR will check the D&B information against the IRS records
for your organization. If there are discrepancies, the update cannot be
completed until the discrepancies are resolved. Please allow adequate
time to resolve any registration issues. Failure to update the
registration in the CCR before the CCR registration expires will result
in an applicant having to complete the five steps of the renewal
process. If an applicant changes the eBusiness Point of Contact in the
CCR registration, it should make sure the new eBusiness Point of
Contact has also granted permission to the person submitting the
application to be the Authorized Organization Representative (AOR). To
submit an application to HUD, the AOR must be able to make a legally
binding agreement for the organizational entity. Please see detailed
registration instructions in section IV.B. of this notice. HUD
recommends that all prospective applicants take the time to carefully
read the Notice entitled ``Notice of Opportunity to Register Early and
other Important Information for Electronic Application Submission via
Grants.gov,'' published on March 10, 2008 (73 FR 12751). This notice is
also available on HUD's Web site at: https://www.hud.gov/offices/adm/
grants/fundsavail.cfm and on Grants.gov/Find. HUD's Early Registration
Notice provides step-by-step instructions for applicants who must
register with Grants.gov and also provides renewal instructions for
those who have previously registered. Prospective applicants should
register prior to the Federal Register publication of the Program
Sections of the FY2008 SuperNOFA.
Please note that HUD is transitioning the Continuum of Care
application from a paper process to an electronic process in FY2008.
Because the electronic application is not yet available, details of the
registration process, application, application submission date, and
timely receipt requirements will be articulated in two publications to
be issued separate from the SuperNOFA. The first notice is expected to
be issued in spring 2008. The expected publication date of the Notice
of Funding Availability will be no earlier than July 1, 2008.
Notification of the availability of registration instructions, the
application, and other information will be released via the Grants.gov
website. To be placed on the Grants.gov notification service for
notices about the Continuum of Care electronic application process, go
to: https://www.grants.gov/search/subscribeAdvanced.do. To join the HUD
homeless assistance program listserv go to: https://www.hud.gov/
subscribe/
signup.cfm?listname=Homeless%20Assistance%20Program&list=HOMELESS-ASST-
L.
FOR FURTHER INFORMATION CONTACT: For further information on HUD's
FY2008 Policy Requirements and General Section contact the Office of
Departmental Grants Management and Oversight, Office of Administration,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 3156, Washington, DC 20410-5000; telephone number (202) 708-0667.
Persons with hearing or speech impairments may access this number via
TTY by calling the Federal Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION: Each year, HUD strives to improve its
competitive funding process. In FY2007, over 99.5 percent of applicants
successfully submitted applications electronically for HUD's grant
programs. To help applicants with electronic application registration
and submission, HUD has developed a Desktop User Guide for Submitting
Electronic Grant Applications. The user guide provides step-by-step
details and screen shots of the entire registration and application
submission process, including troubleshooting application submission
errors. HUD updates the guide regularly and it is available at https://
www.hud.gov/offices/adm/grants.
HUD believes that early publication of the General Section is
beneficial to prospective applicants by providing advance notice of the
Department's threshold requirements, strategic goals, policy
priorities, and other requirements applicable to almost every
individual NOFA that comprises the SuperNOFA.
The General Section, as in the past, is structured to refer the
reader to the individual program NOFAs. Although the program NOFAs are
not being published at this time, the references are retained. When the
Program Sections of the FY2008 NOFAs are published, they are fully
reconciled with the General Section, as has been the case since 1998
when the SuperNOFA was first published. Applicants interested in
receiving e-mail notification of the availability of the program
sections should go to: https://www.grants.gov/applicants/email_
subscription.jsp and sign up for e-mail notification of funding
opportunities. By doing so, you will receive an e-mail as soon as the
NOFAs and applications are available on Grants.gov.
[[Page 14883]]
HUD is always interested in improving its application processes.
You can help HUD improve its outreach and program NOFAs by providing
feedback on ways it can improve the NOFA process. Please note that each
application contains a ``You Are Our Client'' survey questionnaire. HUD
requests that you respond to this survey to let the Department know
what improvements have been beneficial and to share your ideas on where
improvements can continue to be made. HUD carefully considers the
comments received from its clients and strives to use the comments to
improve each year's NOFAs and its funding process. This publication
includes a list of programs anticipated to be in the FY2008 SuperNOFA,
subject to the availability of funds. The Introduction to the SuperNOFA
will include any changes made to this listing and provide projected
funding availability and application deadline dates.
HUD hopes that the steps that it has taken to provide information
early in the FY2008 funding process about NOFA requirements will be of
benefit to you, our applicants.
Dated: March 14, 2008.
Roy A. Bernardi,
Deputy Secretary.
Overview Information
A. Federal Agency Name: Department of Housing and Urban Development
(HUD), Office of the Secretary.
B. Funding Opportunity Title: Policy requirements applicable to all
HUD NOFAs published during FY2008.
C. Announcement Type: Initial announcement of the general policy
requirements that apply to all HUD federal financial assistance NOFAs
for FY2008 issued simultaneous with, or after the publication of this
notice.
D. Funding Opportunity Number: FR-5200-N-01.
E. Catalog of Federal Domestic Assistance (CFDA) Number: A CFDA
number is provided for each HUD federal financial assistance program.
When using ``Apply Step 1'' on the Grants.gov Web site to download an
application, you will be asked for the CFDA number. Please refer to the
listing in this notice or the CFDA number in the Grants.gov synopsis of
the programs for which you wish to apply when using the application
search feature of Grants.gov. Use only the CFDA number, the Funding
Competition Identification Number, or the Funding Opportunity Number.
Using more than one of these items will result in an error message
indicating that the opportunity cannot be found.
F. Dates: The deadline dates that apply to the federal financial
assistance made available through HUD's FY2008 NOFAs will be found in
the published NOFAs. Appendix A to this General Section lists the
programs expected to be included in the FY2008 SuperNOFA. When
published, the SuperNOFA will contain a revised Appendix A to the
General Section providing the final list of programs included in the
SuperNOFA, funds available under each funding opportunity, and key
deadline dates.
G. Additional Overview Content Information: Unless otherwise
stated, HUD's general policy requirements set forth in this notice
apply to all HUD federal financial assistance made available through
HUD's FY2008 NOFAs. These policies cover all NOFAs issued for FY2008
funding.
Full Text of Announcement
I. Funding Opportunity Description
This notice describes HUD's FY2008 policy requirements applicable
to all of HUD's NOFAs published in FY2008. Each such NOFA will contain
a description of the specific requirements for the program for which
funding is made available and each will refer to applicable policies
described in this General Section. Each program NOFA will also describe
additional procedures and requirements that apply to the individual
program NOFA, including a description of the eligible applicants,
eligible activities, threshold requirements, factors for award, and any
additional program requirements or limitations. To adequately address
all of the application requirements for any program for which you
intend to apply, please carefully read and respond to both this General
Section and the individual program NOFAs.
Authority. HUD's authority for making funding available under
its FY2008 programs is identified in each program NOFA.
II. Award Information
Funding Available. Each program NOFA will identify the estimated
amount of funds available in FY2008 based on available appropriations,
plus funds from previous years available for award in FY2008. Appendix
A to this General Section lists the programs HUD expects to be included
in the FY2008 SuperNOFA. When published, the SuperNOFA will contain a
revised Appendix A to the General Section providing the final list of
programs included in the SuperNOFA, funds available under each funding
opportunity, and key deadline dates.
Additional program NOFAs may be published separately from the
FY2008 SuperNOFA.
III. Eligibility Information
A. Eligible Applicants. The individual program NOFAs describe the
eligible applicants and eligible activities for each program.
B. Cost Sharing or Matching. The individual program NOFAs describe
the applicable cost sharing, matching requirements, or leveraging
requirements related to each program, if any. Although matching or cost
sharing may not be required, HUD programs often encourage applicants to
leverage grant funds with other funding to receive higher rating
points.
It is important to note that the following Office of Management and
Budget (OMB) circulars are applicable, and particular attention should
be given to the provisions concerning the use of federal funds for
matching requirements.
OMB Circular A-102 (Grants and Cooperative Agreements with State
and Local Governments) establishes consistency and uniformity among
federal agencies in the management of grants and cooperative agreements
with state, local, and federally recognized Indian tribal governments.
The circular provides that state and local administration of federal
funds must include fiscal and administrative requirements that are
sufficiently specific to ensure that: funds are used in compliance with
all applicable federal statutory and regulatory provisions, costs are
reasonable and necessary for operating these programs, and funds are
not to be used for general expenses required to carry out other
responsibilities of a state or its subrecipients. HUD's implementation
of OMB Circular A-102 is found at 24 CFR part 85.
OMB Circular A-110 (Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and
Other Non-Profit Organizations) sets forth standards for obtaining
consistency and uniformity among federal agencies in the administration
of grants and agreements with institutions of higher education,
hospitals, and other nonprofit organizations. This circular specifies
the conditions for which funds may be used for cost sharing or matching
and provides that federal funds shall not be accepted as cost sharing
or matching, except where authorized by federal statute to be used for
cost sharing or matching. HUD's implementation of OMB Circular A-110 is
found at 24 CFR part 84.
[[Page 14884]]
OMB Circular A-87 (2 CFR Part 225) (Cost Principles for State,
Local, and Indian Tribal Governments) establishes principles and
standards for determining costs for federal awards carried out through
grants, cost reimbursement contracts, and other agreements with state
and local governments and federally recognized Indian tribal
governments (governmental units). This circular provides that an
allowable cost under a federal award does not include a cost sharing or
matching requirement of any other federal award in the applicable
funding period, except as specifically provided by federal law or
regulation.
OMB Circular A-122 (Cost Principles for Non-Profit Organizations)
establishes principles for determining costs of grants, contracts, and
other agreements with nonprofit organizations. This circular provides,
similar to OMB Circular A-87, that an allowable cost under a federal
award does not include a cost sharing or matching requirement of any
other federally financed program in the applicable funding period.
Applicants for funding under HUD's FY2008 SuperNOFA are reminded of
the importance of confirming that any federal grant funds that they
intend to use as a matching share are available to be used as matching
funds under applicable statutes and regulations.
C. Other Requirements and Procedures Applicable to All Programs.
Except as may be modified in the individual program NOFAs, the
requirements, procedures, and principles listed below apply to all HUD
programs in FY2008 for which funding is announced by NOFA and published
in the Federal Register. Please read the individual program NOFAs for
additional requirements and information.
1. Statutory and Regulatory Requirements. To be eligible for
funding under HUD NOFAs issued during FY2008, applicants must meet all
statutory and regulatory requirements applicable to the program or
programs for which they seek funding. Applicants requiring program
regulations may obtain them from the NOFA Information Center or through
HUD's Grants Web site at https://www.hud.gov/offices/adm/grants/
fundsavail.cfm. See the individual program NOFAs for instructions on
how HUD will respond to proposed activities that are ineligible.
2. Threshold Requirements
a. Ineligible Applicants. HUD will not consider an application from
an ineligible applicant.
b. Dun and Bradstreet Data Universal Numbering System (DUNS) Number
Requirement. All applicants seeking funding directly from HUD must
obtain a DUNS number and include the number in their Application for
Federal Assistance submission. Failure to provide a DUNS number will
prevent you from obtaining an award, regardless of whether it is a new
award or renewal of an existing one. This policy is pursuant to the OMB
policy issued in the Federal Register on June 27, 2003 (68 FR 38402).
HUD published its regulation implementing the DUNS number requirement
on November 9, 2004 (69 FR 65024). A copy of the OMB Federal Register
notice and HUD's regulation implementing the DUNS number can be found
on HUD's Web site at: https://www.hud.gov/offices/adm/grants/duns.cfm.
When registering with Dun and Bradstreet, please be sure to use the
organization's legal name that is used when filing a return with or
making payments to the Internal Revenue Service. Organizations should
also provide the zip code using the zip code plus the four additional
digits.
c. Compliance with Fair Housing and Civil Rights Laws. (1) With the
exception of federally recognized Indian tribes and their
instrumentalities, applicants must comply with all applicable fair
housing and civil rights requirements in 24 CFR 5.105(a). If you are a
federally recognized Indian tribe, you must comply with the
nondiscrimination provisions enumerated at 24 CFR 1000.12, as
applicable. In addition to these requirements, there may be program-
specific threshold requirements identified in the individual program
NOFAs.
(2) If you, the applicant:
(a) Have been charged with an ongoing systemic violation of the
Fair Housing Act; or
(b) Are a defendant in a Fair Housing Act lawsuit filed by the
Department of Justice alleging an ongoing pattern or practice of
discrimination; or
(c) Have received a letter of findings identifying ongoing systemic
noncompliance under Title VI of the Civil Rights Act of 1964, section
504 of the Rehabilitation Act of 1973, or section 109 of the Housing
and Community Development Act of 1974, and the charge, lawsuit, or
letter of findings referenced in subparagraphs (a), (b), or (c) above
has not been resolved to HUD's satisfaction before the application
deadline, then you are ineligible and HUD will not rate and rank your
application. HUD will determine if actions to resolve the charge,
lawsuit, or letter of findings taken before the application deadline
are sufficient to resolve the matter.
Examples of actions that would normally be considered sufficient to
resolve the matter include, but are not limited to:
(i) A voluntary compliance agreement signed by all parties in
response to a letter of findings;
(ii) A HUD-approved conciliation agreement signed by all parties;
(iii) A consent order or consent decree; or
(iv) An issuance of a judicial ruling or a HUD Administrative Law
Judge's decision.
d. Conducting Business in Accordance with Core Values and Ethical
Standards/Code of Conduct. Applicants subject to 24 CFR parts 84 or 85
(most nonprofit organizations and state, local, and tribal governments
or government agencies or instrumentalities that receive federal awards
of financial assistance) are required to develop and maintain a written
code of conduct (see 24 CFR 84.42 and 85.36(b)(3)). Consistent with
regulations governing specific programs, your code of conduct must
prohibit real and apparent conflicts of interest that may arise among
officers, employees, or agents; prohibit the solicitation and
acceptance of gifts or gratuities by your officers, employees, or
agents for their personal benefit in excess of minimal value; and
outline administrative and disciplinary actions available to remedy
violations of such standards. Before entering into an agreement with
HUD, an applicant awarded assistance under a HUD program NOFA announced
in FY2008 will be required to submit a copy of its code of conduct and
describe the methods it will use to ensure that all officers,
employees, and agents of its organization are aware of its code of
conduct. An applicant is prohibited from receiving an award of funds
from HUD if it fails to meet this requirement for a code of conduct. An
applicant who previously submitted an application and included a copy
of its code of conduct will not be required to submit another copy if
the applicant is listed on HUD's Web site: https://www.hud.gov/offices/
adm/grants/codeofconduct/cconduct.cfm, and if the information has not
been revised. An applicant not listed on the website must submit a copy
of its code of conduct with its FY2008 application for assistance. An
applicant must also include a copy of its code of conduct if the
information listed on the above website has changed (e.g., the person
who submitted the previous application is no longer your authorized
organization representative, the organization has changed its legal
name or merged with another organization, or the address of the
organization has changed, etc.). Any applicant that needs to may submit
its code of conduct to
[[Page 14885]]
HUD via facsimile using the form HUD-96011, ``Facsimile Transmittal''
(``Third Party Documentation Facsimile Transmittal'' on Grants.gov) at
the time of application submission. When using the facsimile
transmittal form, please type the requested information. Use the form
HUD-96011 as the cover page for the submission and include the
following header in the top line of the form under Name of Document
Being Requested: ``Code of Conduct for (insert your organization's
name, city, and state).'' Fax the information to HUD's toll-free number
at (800) 894-4047. If you cannot access the 800 number or have
problems, you may use (215) 825-8796 (this is not a toll-free number).
These are new numbers for FY2008 applications only. HUD is
transitioning to a new system for intake of grants from Grants.gov and
it needs to separate faxes received for FY2008 grants from those
received in FY2007 and prior years while it makes this transition. If
you use the wrong fax number, your fax will be entered as part of HUD's
FY2007 database. HUD cannot search its FY2007 database to match FY2008
faxes to FY2008 applications. As a result, your application will be
reviewed without faxed information if you fail to use the FY2008 fax
numbers.
e. Delinquent Federal Debts. It is HUD policy that applicants with
an outstanding federal debt will not be eligible to receive an award of
funds from the Department unless: (1) A negotiated repayment schedule
is established and the repayment schedule is not delinquent, or (2)
other arrangements satisfactory to HUD are made prior to the award of
funds by HUD.
If arrangements satisfactory to HUD cannot be completed within 90
days of notification of selection, HUD will not make an award of funds
to the applicant, but offer the award to the next eligible applicant.
Applicants selected for funding, or awarded funds, have an obligation
to report to HUD changes in status of current agreements covering
federal debt. HUD may withhold funding, terminate an award, or seek
other remedies from a grantee if a previously agreed-upon payment
schedule has not been adhered to or a new agreement with the federal
agency to which the debt is owed has not been signed.
f. Pre-Award Accounting System Surveys. HUD may arrange for a pre-
award survey of the applicant's financial management system if the
recommended applicant has no prior federal support, if HUD's program
officials have reason to question whether the applicant's financial
management system meets federal financial management standards, or if
the applicant is considered a high risk based upon past performance or
financial management findings. HUD will not disburse funds to any
applicant that does not have a financial management system that meets
federal standards. (Please see 24 CFR 84.21 if you are an institution
of higher education, hospital, or other nonprofit organization. See 24
CFR 85.20 if you are a state, local government, or federally recognized
Indian tribe).
g. Name Check Review. Applicants are subject to a name check review
process. Name checks are intended to reveal matters that significantly
reflect on the applicant's management and financial integrity,
including if any key individual has been convicted or is presently
facing criminal charges. If the name check reveals significant adverse
findings that reflect on the business integrity or responsibility of
the applicant or any key individual, HUD reserves the right to: (1)
Deny funding or consider suspension or termination of an award
immediately for cause, (2) require the removal of any key individual
from association with management or implementation of the award, and
(3) make appropriate provisions or revisions with respect to the method
of payment or financial reporting requirements.
h. False Statements. A false statement in an application is grounds
for denial or termination of an award and possible punishment, as
provided in 18 U.S.C. 1001.
i. Prohibition Against Lobbying Activities. Applicants are subject
to the provisions of section 319 of Public Law 101-121 (approved
October 23, 1989) (31 U.S.C. 1352) (the Byrd Amendment), which
prohibits recipients of federal contracts, grants, or loans from using
appropriated funds for lobbying the executive or legislative branches
of the federal government in connection with a specific contract,
grant, or loan. In addition, applicants must disclose, using Standard
Form LLL (SF-LLL), ``Disclosure of Lobbying Activities,'' any funds,
other than federally appropriated funds, that will be or have been used
to influence federal employees, members of Congress, or congressional
staff regarding specific grants or contracts. Federally recognized
Indian tribes and tribally designated housing entities (TDHEs)
established by federally recognized Indian tribes as a result of the
exercise of the tribe's sovereign power are excluded from coverage of
the Byrd Amendment, but state-recognized Indian tribes and TDHEs
established only under state law must comply with this requirement.
Applicants must submit the SF-LLL if they have used or intend to use
federal funds for lobbying activities.
j. Debarment and Suspension. In accordance with 24 CFR part 24, no
award of federal funds may be made to applicants that are presently
debarred or suspended, or proposed to be debarred or suspended, from
doing business with the federal government.
3. Other Threshold Requirements. The individual program NOFAs for
which you are applying may specify other threshold requirements.
Additional threshold requirements may be identified in the discussion
of ``eligibility'' requirements in the individual program NOFAs. If a
program NOFA requires a certification of consistency with the
Consolidated Plan and the applicant fails to provide a certification,
and such failure is not cured as a technical deficiency, HUD will not
fund the application. If HUD is provided a signed certification
indicating consistency with the area's approved Consolidated Plan and
HUD finds that the activities are not consistent with the Consolidated
Plan, HUD will not fund the inconsistent activities or will deny
funding the application if a majority of the activities are not
consistent with the approved Consolidated Plan. The determination not
to fund an activity or to deny funding may be determined by a number of
factors, including the number of activities being proposed, the impact
of the elimination of the activities on the proposal, or the percent of
the budget allocated to the proposed activities.
4. Additional Nondiscrimination and Other Requirements. Applicants
and their subrecipients must comply with:
a. Civil Rights Laws, including the Americans with Disabilities Act
of 1990 (42 U.S.C. 1201 et seq.), the Age Discrimination Act of 1974
(42 U.S.C. 6101 et seq.), and Title IX of the Education Amendments Act
of 1972 (20 U.S.C. 1681 et seq.).
b. Affirmatively Furthering Fair Housing. Under section 808(e)(5)
of the Fair Housing Act, HUD has a statutory duty to affirmatively
further fair housing. HUD requires the same of its funding recipients.
If you are a successful applicant, you will have a duty to
affirmatively further fair housing opportunities for classes protected
under the Fair Housing Act. Protected classes include race, color,
national origin, religion, sex, disability, and familial status. Unless
otherwise instructed in the individual program NOFA, your application
must include specific steps to:
[[Page 14886]]
(1) Overcome the effects of impediments to fair housing choice that
were identified in the jurisdiction's Analysis of Impediments (AI) to
Fair Housing Choice (See Certification requirements under 24 CFR
91.225);
(2) Remedy discrimination in housing; and
(3) Promote fair housing rights and fair housing choice.
Further, you, the applicant, have a duty to carry out the specific
activities provided in your responses to the individual program NOFA
rating factors that address affirmatively furthering fair housing.
These requirements apply to all HUD programs announced via a NOFA,
unless specifically excluded in the individual program NOFA.
c. Economic Opportunities for Low- and Very Low-Income Persons
(Section 3). Certain programs to be issued during FY2008 require
recipients of assistance to comply with Section 3 of the Housing and
Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic
Opportunities for Low- and Very Low-Income Persons in Connection with
Assisted Projects), and the HUD regulations at 24 CFR part 135. Review
the individual program NOFAs to determine if section 3 applies to the
program for which you are seeking funding. Section 3 requires
recipients to ensure, to the greatest extent feasible, that training,
employment, and other economic opportunities will be directed to low-
and very-low income persons, particularly those who are recipients of
government assistance for housing, and to business concerns that
provide economic opportunities to low- and very low-income persons in
the area in which the project is located. The section 3 regulations at
24 CFR part 135, subpart E, impose certain reporting requirements on
recipients, including the submission of an annual report, using form
HUD-60002 or HUD's online system at: https://www.hud.gov/offices/fheo/
section3/section3.cfm.
The annual report is highly important to the Department in
determining compliance with section 3. Applicants are notified that the
Department is currently reviewing the section 3 reporting requirements
to assess whether, in FY2009, penalties should be imposed, including
ineligibility to have funds awarded, if the annual report has not been
submitted in accordance with the regulations. If the department decides
to allow this type of penalty for failure to submit the section 3
annual report, the public will be provided advance notification and
have the opportunity to comment.
d. Ensuring the Participation of Small Businesses, Small
Disadvantaged Businesses, and Women-Owned Businesses. HUD is committed
to ensuring that small businesses, small disadvantaged businesses, and
women-owned businesses participate fully in HUD's direct contracting
and in contracting opportunities generated by HUD financial assistance.
Too often, these businesses still experience difficulty accessing
information and successfully bidding on federal contracts. State,
local, and tribal governments are required by 24 CFR 85.36(e) and
nonprofit recipients of assistance (grantees and subgrantees) by 24 CFR
84.44(b) to take all necessary affirmative steps in contracting for the
purchase of goods or services to assure that minority firms, women-
owned business enterprises, and labor surplus area firms are used
whenever possible or as specified in the individual program NOFAs.
e. Real Property Acquisition and Relocation. Unless otherwise
specified by legislation or regulation, HUD-assisted programs or
projects are subject to the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (Uniform Act or
URA) (42 U.S.C. 4601), and the governmentwide implementing regulations
issued by the U.S. Department of Transportation at 49 CFR part 24. The
Uniform Act's protections and assistance apply to acquisitions of real
property and displacements resulting from the acquisition,
rehabilitation, or demolition of real property for federal or federally
assisted programs or projects. With certain limited exceptions, real
property acquisitions for a HUD-assisted program or project must comply
with 49 CFR part 24, subpart B. To be exempt from the URA's acquisition
policies, real property acquisitions conducted without the threat or
use of eminent domain, commonly referred to as ``voluntary
acquisitions,'' must satisfy the applicable requirements of 49 CFR
24.101(b)(1) through (5). Evidence of compliance with these
requirements must be maintained by the recipient. The URA's relocation
requirements remain applicable to any tenant(s) who are displaced by an
acquisition and who meet the requirements of 49 CFR 24.101(b)(1)
through (5).
The relocation requirements of the Uniform Act, and its
implementing regulations at 49 CFR part 24, cover any person who moves
permanently from real property or moves personal property from real
property as a direct result of acquisition, rehabilitation, or
demolition for a program or project receiving HUD assistance. While
there are no statutory provisions for ``temporary relocation'' under
the URA, the URA regulations recognize that there are circumstances
where a person will not be permanently displaced but may need to be
moved from a project for a short period of time. Appendix A of the URA
regulation (49 CFR 24.2(a)(9)(ii)(D)) explains that any tenant who has
been temporarily relocated for a period beyond one year must be
contacted by the displacing agency and offered URA relocation
assistance. Some HUD program regulations provide additional protections
for temporarily relocated tenants. For example, 24 CFR 583.310(f)(1)
provides guidance on temporary relocation for the Supportive Housing
program for the homeless. Before planning their project, applicants
should review the regulations for the programs for which they are
applying. Generally, the URA does not apply to displacements resulting
from the demolition or disposition of public housing covered by section
18 of the United States Housing Act of 1937.
Additional information and resources pertaining to real property
acquisition and relocation for HUD-funded programs and projects are
available on HUD's Real Estate Acquisition and Relocation Web site at:
https://www.hud.gov/relocation. You will find applicable laws and
regulations, policy and guidance, publications, training resources, and
a listing of HUD contacts if you have questions or need assistance.
f. Executive Order 13166, ``Improving Access to Services for
Persons with Limited English Proficiency (LEP).'' Executive Order 13166
seeks to improve access to federally assisted services, programs, and
benefits for individuals with limited English proficiency. Applicants
obtaining an award from HUD must seek to provide access to program
benefits and information to LEP individuals through language assistance
services, in accordance with Final Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition Against National
Origin Discrimination Affecting Limited English Proficient Persons
published in the Federal Register on January 22, 2007 (72 FR 2732). For
assistance and information regarding LEP obligations, go to https://
www.hud.gov/offices/fheo/promotingfh/lep.cfm. A link to the final
guidance issued in the Federal Register can be found on that page.
g. Executive Order 13279, ``Equal Protection of the Laws for Faith-
Based and Community Organizations.'' HUD is committed to full
implementation of Executive Order 13279. The Executive Order
established fundamental principles and policymaking criteria to
[[Page 14887]]
guide federal agencies in formulating and developing policies that have
implications for faith-based and community organizations to ensure the
equal protection for these organizations in social service programs
receiving federal financial assistance. Consistent with this order, HUD
has undertaken a review of all policies and regulations that have
implications for faith-based and community organizations and has
established a policy priority to provide full and equal access to
grassroots faith-based and other community organizations in HUD program
implementation. HUD revised its program regulations in 2003 and 2004 to
remove the barriers to participation by faith-based organizations in
HUD funding programs (68 FR 56396, September 30, 2003; 69 FR 41712,
July 9, 2004; and 69 FR 62164, October 22, 2004). Copies of the
regulatory changes can be found at: https://www.hud.gov/offices/adm/
grants/fundsavail.cfm.
h. Accessible Technology. Section 508 of the Rehabilitation Act
(Section 508) requires HUD and other federal departments and agencies
to ensure, when developing, procuring, maintaining, or using electronic
and information technology (EIT), that the EIT allow, regardless of the
type of medium, persons with disabilities to access and use information
and data on a comparable basis as is made available to and used by
persons without disabilities. Section 508's coverage includes, but is
not limited to, computers (hardware, software, word processing, email,
and Internet sites), facsimile machines, copiers, and telephones. Among
other things, section 508 requires that, unless an undue burden would
result to the federal department or agency, EIT must allow individuals
with disabilities who are federal employees or members of the public
seeking information or services to have access to and use information
and data on a comparable basis as that made available to employees and
members of the public who are not disabled. Where an undue burden
exists to the federal department or agency, alternative means may be
used to allow a disabled individual use of the information and data.
Section 508 does not require that information services be provided at
any location other than a location at which the information services
are generally provided. HUD encourages its funding recipients to adopt
the goals and objectives of section 508 by ensuring, whenever EIT is
used, procured, or developed, that persons with disabilities have
access to and use of the information and data made available through
the EIT on a comparable basis as is made available to and used by
persons without disabilities. This does not affect recipients' required
compliance with section 504 of the Rehabilitation Act and, where
applicable, the Americans with Disabilities Act.
i. Procurement of Recovered Materials. State agencies and agencies
of a political subdivision of a state that are using assistance under a
HUD program NOFA for procurement, and any person contracting with such
an agency with respect to work performed under an assisted contract,
must comply with the requirements of section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act.
In accordance with section 6002, these agencies and persons must
procure items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired in the preceding
fiscal year exceeded $10,000; must procure solid waste management
services in a manner that maximizes energy and resource recovery; and
must have established an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
j. Participation in HUD-Sponsored Program Evaluation. As a
condition of the receipt of financial assistance under a HUD program
NOFA, all successful applicants will be required to cooperate with all
HUD staff or contractors who perform HUD-funded research or evaluation
studies.
k. Executive Order 13202, ``Preservation of Open Competition and
Government Neutrality Towards Government Contractors' Labor Relations
on Federal and Federally Funded Construction Projects.'' Compliance
with HUD regulations at 24 CFR 5.108 that implement Executive Order
13202 is a condition of receipt of assistance under a HUD program NOFA.
l. Salary Limitation for Consultants. FY2008 funds may not be used
to pay or to provide reimbursement for payment of the salary of a
consultant, whether retained by the federal government or the grantee,
at a rate more than the equivalent of General Schedule 15, Step 10 base
pay rate for which the annual rate for FY2008 is $124,010. The hourly
rate is $57.90.
m. OMB Circulars and Governmentwide Regulations Applicable to
Financial Assistance Programs. Certain OMB Circulars (2 CFR 225) also
apply to HUD programs in the SuperNOFA. The policies, guidance, and
requirements of OMB Circulars A-87 (Cost Principles Applicable to
Grants, Contracts and Other Agreements with State and Local
Governments), A-21 (Cost Principles for Education Institutions), A-122
(Cost Principles for Non-profit Organizations), A-133 (Audits of
States, Local Governments, and Non-Profit Organizations), and the
regulations at 24 CFR part 84 (Grants and Agreements with Institutions
of Higher Education, Hospitals, and other Non-Profit Organizations),
and 24 CFR part 85 (Administrative Requirements for Grants and
Cooperative Agreements to State, Local, and Federally Recognized Indian
Tribal Governments) may apply to the award, acceptance, and use of
assistance under the individual program NOFAs of the SuperNOFA, and to
the remedies for noncompliance, except when inconsistent with the
provisions of HUD's appropriations act for FY2008, other federal
statutes or regulations, or the provisions of this notice. Compliance
with additional OMB circulars or governmentwide regulations may be
specified for a particular program in the Program Section of the
SuperNOFA. Copies of the OMB circulars may be obtained from https://
www.whitehouse.gov/omb/circulars/, or the Executive Office of
the President Publications, New Executive Office Building, Room 2200,
Washington, DC 20503; telephone (202) 395-3080 (this is not a toll-free
number). Individuals with speech or hearing impairments may access this
number by dialing (800) 877-8339 (toll-free TTY Federal Information
Relay Service).
n. Environmental Requirements. If you become a recipient under a
HUD program that assists in physical development activities or property
acquisition, you are generally prohibited from acquiring,
rehabilitating, converting, demolishing, leasing, repairing, or
constructing property, or committing or expending HUD or non-HUD funds
for these types of program activities, until one of the following has
occurred:
(1) HUD has completed an environmental review in accordance with 24
CFR part 50; or
(2) For programs subject to 24 CFR part 58, HUD has approved a
recipient's Request for Release of Funds (form HUD-7015.15) following a
Responsible Entity's completion of an environmental review.
[[Page 14888]]
You, the applicant, should consult the individual program NOFA for
any program for which you are interested in applying to determine the
procedures for, timing of, and any modifications or exclusions from
environmental review under a particular program.
o. Conflicts of Interest. If you are a consultant or expert who is
assisting HUD in rating and ranking applicants for funding under the
SuperNOFA or future NOFAs published in FY2008, you are subject to 18
U.S.C. 208, the federal criminal conflict-of-interest statute, and the
Standards of Ethical Conduct for Employees of the Executive Branch
regulation published at 5 CFR part 2635. As a result, if you have
assisted or plan to assist applicants with preparing applications for
programs in the SuperNOFA or NOFAs published in FY2008, you may not
serve on a selection panel and you may not serve as a technical advisor
to HUD. Persons involved in rating and ranking HUD FY2008 NOFAs,
including experts and consultants, must avoid conflicts of interest or
the appearance of such conflicts. Persons involved in rating and
ranking applications must disclose to HUD's General Counsel or HUD's
Ethics Law Division the following information, if applicable: How the
selection or nonselection of any applicant under FY2008 NOFAs will
affect the individual's financial interests, as provided in 18 U.S.C.
208, or how the application process involves a party with whom the
individual has a covered relationship under 5 CFR 2635.502. The person
must disclose this information before participating in any matter
regarding a FY2008 NOFA. If you have questions regarding these
provisions or concerning a conflict of interest, you may call the
Office of General Counsel, Ethics Law Division, at (202) 708-3815 (this
is not a toll-free number).
p. Drug-Free Workplace. Applicants awarded funds from HUD are
required to provide a drug-free workplace. Compliance with this
requirement means that the applicant will:
(1) Publish a statement notifying employees that it is unlawful to
manufacture, distribute, dispense, possess, or use a controlled
substance in the applicant's workplace and that such activities are
prohibited. The statement must specify the actions that will be taken
against employees for violation of this prohibition. The statement must
also notify employees that, as a condition of employment under the
federal award, they are required to abide by the terms of the statement
and that each employee must agree to notify the employer in writing of
any violation of a criminal drug statute occurring in the workplace no
later than 5 calendar days after such violation;
(2) Establish an ongoing drug-free awareness program to inform
employees about:
(a) The dangers of drug abuse in the workplace;
(b) The applicant's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, or employee
maintenance programs; and
(d) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(3) Notify the federal agency in writing within 10 calendar days
after receiving notice from an employee of a drug abuse conviction or
otherwise receiving actual notice of a drug abuse conviction. The
notification must be provided in writing to HUD's Office of
Departmental Grants Management and Oversight, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 3156, Washington DC
20410-3000, along with the following information:
(a) The program title and award number for each HUD award covered;
(b) The HUD staff contact name, telephone, and fax numbers; and
(c) A grantee contact name, telephone, and fax numbers; and
(4) Require that each employee engaged in the performance of the
federally funded award be given a copy of the drug-free workplace
statement required in item (1) above and notify the employee that one
of the following actions will be taken against the employee within 30
calendar days of receiving notice of any drug abuse conviction:
(a) Institution of a personnel action against the employee, up to
and including termination consistent with requirements of the
Rehabilitation Act of 1973, as amended; or
(b) Imposition of a requirement that the employee participate
satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency.
q. Safeguarding Resident/Client Files. In maintaining resident and
client files, HUD funding recipients shall observe state and local laws
concerning the disclosure of records that pertain to individuals.
Further, recipients are required to adopt and take reasonable measures
to ensure that resident and client files are safeguarded. This includes
when reviewing, printing, or copying client files.
r. Compliance with the Federal Funding Accountability and
Transparency Act of 2006 (Pub. L. 109-282) (Transparency Act).
Applicants receiving an award from HUD should be aware of the
requirements of the Transparency Act. The Transparency Act requires the
establishment of a central website that makes information available to
the public regarding entities receiving federal financial assistance,
by not later than January 1, 2008. In fulfillment of the requirements
of the Act, OMB launched https://www.USAspending.gov in December 2007.
The website makes information available to the public on the direct
awards made by the federal government. The Transparency Act also
requires, beginning not later than January 2009, that data on subawards
be made available on the same website. In anticipation of the
implementation of this requirement, HUD is placing awardees of its
FY2008 competitive funding on notice of these requirements and note
that once implemented, grantees will be required to report their
subaward data to HUD or a central federal database. The only exceptions
to this requirement under the Act are: (i) Federal transactions below
$25,000, (ii) credit card transactions prior to October 1, 2008, (iii)
awards to entities that demonstrate to the Director of OMB that the
gross income of such entity from all sources did not exceed $300,000 in
the previous tax year of such entity, and (iv) awards to individuals.
Guidance for receiving an exception under item (iii) above has not been
finalized by OMB.
HUD is responsible for placing award information for direct
grantees on the government website. The reporting of subaward data is
the responsibility of the grantee. Grantees should be aware that the
law requires the information provided on the federal website to include
the following elements related to all subaward transactions, except as
noted above:
(1) The name of the entity receiving the award;
(2) The amount of the award;
(3) Information on the award including the transaction type,
funding agency, the North American Industry Classification System code
or Catalog of Federal Domestic Assistance (CFDA) number (where
applicable), program source, and an award title descriptive of the
purpose of each funding action;
(4) The location of the entity receiving the award and primary
location of performance under the award, including the city, state,
congressional district, and country;
(5) A unique identifier of the entity receiving the award and of
the parent entity of the recipient (the DUNS
[[Page 14889]]
number), should the entity be owned by another entity; and
(6) Any other relevant information specified by OMB.
HUD expects OMB to issue further guidance on subaward reporting
during FY2008. Based on preliminary input from the various federal
agencies, applicants should be aware that consideration is being given
to requiring the disclosure of additional data elements to help track
the flow of funding from the original federal award. Such data elements
under consideration include the tier at which the subaward was made,
the federal award number issued to the direct awardee, the dollar
amount of the federal award emanating from the direct award going to
the subawardee, as well as the total subaward amount, which could
include funds from other sources. Additional information regarding
these requirements will be issued by OMB and will be provided when
available.
IV. Application and Submission Information
A. Addresses To Request Application Package
This section describes how applicants may obtain application forms
and request technical assistance.
1. Technical Assistance and Resources for Electronic Grant
Applications
a. Grants.gov Customer Support. Grants.gov provides customer
support information on its Web site at: https://www.grants.gov/
contactus/contactus.jsp. Applicants having difficulty accessing the
application and instructions or having technical problems can receive
customer support from Grants.gov by calling (800) 518-GRANTS (this is a
toll-free number) or by sending an e-mail to support@grants.gov. The
customer support center is open from 7 a.m. to 9 p.m. eastern time,
Monday through Friday, except federal holidays. The customer service
representatives will assist applicants in accessing the information and
addressing technology issues.
b. HUD Website. The following documents and information can be
found at HUD's Web site at: https://www.hud.gov/offices/adm/grants/
fundsavail.cfm.
(1) Desktop Users Guide for Submitting Electronic Grant
Applications. HUD has published on its Web site a detailed Desktop
Users Guide that walks applicants through the electronic process,
beginning with finding a funding opportunity, completing the
registration process, and downloading and submitting the electronic
application. The guide includes helpful step-by-step instructions,
screen shots, and tips to assist applicants in becoming familiar with
submitting applications electronically.
(2) Connecting with Communities: A User's Guide to HUD Programs and
the FY2008 NOFA Process Guidebook. This guidebook to HUD programs will
be available from the HUD NOFA Information Center and at the HUD's
Funds Available Web site at: https://www.hud.gov/offices/adm/grants/
fundsavail.cfm after the publication of the SuperNOFA. The guidebook
provides a brief description of all HUD programs that have funding
available in FY2008, identifies eligible applicants for the programs,
and the program office responsible for the administration of the
program.
(3) NOFA Webcasts. HUD provides technical assistance and training
on its programs announced through its NOFAs. The NOFA broadcasts are
interactive and allow potential applicants to obtain a better
understanding of the threshold, program, and application submission
requirements for funding. Participation in this training opportunity is
free of charge and can be accessed via HUD's website. The NOFA webcast
schedule can be found via HUD's Web site at: https://www.hud.gov/
webcasts/index.cfm.
c. HUD's NOFA Information Center. Applicants that do not have
Internet access and need to obtain a copy of a NOFA can contact HUD's
NOFA Information Center, toll free, at (800) HUD-8929. Persons with
hearing or speech impairments may access this number, toll free, via
TTY by calling the Federal Information Relay Service at (800) 877-8339.
The NOFA Information Center is open between the hours of 10 a.m. and
6:30 p.m. eastern time, Monday through Friday, except federal holidays.
d. HUD Staff. HUD staff will be available to provide you with
general guidance and technical assistance about this notice or about
individual program NOFAs. However, HUD staff is not permitted to help
prepare your application. Following selection of applicants, but before
announcement of awards, HUD staff is available to assist in clarifying
or confirming information that is a prerequisite to the offer of an
award or annual contributions contract (ACC) by HUD. If you have
program-related questions, follow the instructions in section VII of
the Program Section entitled ``Agency Contact(s)'' in the program NOFA
under which you are applying.
B. Content and Form of Application Submission
1. Use of Adobe Forms Application Packages. In FY2008, HUD is using
Adobe Forms in the application packages available from Grants.gov. The
Adobe Forms packages are compatible with the Microsoft Windows Vista
operating system, Apple Macintosh computers, and Microsoft Office 2007.
For more information, see the Grants.gov Web site at: https://
www.grants.gov/assets/Vista_and_office_07_Compatibility.pdf.
2. Instructions on How to Register for Electronic Application
Submission. Applicants must submit their applications electronically
through Grants.gov. Before you can do so, you must complete several
important steps to register as a submitter. The registration process
can take approximately 2 to 4 weeks to complete. Therefore,
registration should be done in sufficient time before you submit your
application. To register, applicants must complete five sequential
steps as follows:
a. Step One: Obtain a Dun and Bradstreet Data Universal Numbering
System (DUNS). Step One of the registration process requires an
applicant to obtain a DUNS number for the organizational entity for
which it will be submitting the application. All organizations seeking
funding directly from HUD must have a DUNS number and include the
number on the form SF-424, Application for Federal Financial
Assistance, which is part of the application package. The DUNS number
is also required as part of the registration process. If your
organizational entity already has a DUNS number, it may use that
number, provided it is registered with Dun and Bradstreet (D&B) as
required by this notice. Failure to provide a DUNS number will prevent
you from obtaining an award, regardless of whether it is a new award or
renewal of an existing one. This policy is pursuant to OMB policy
issued in the Federal Register on June 27, 2003 (68 FR 38402). HUD
codified the DUNS number requirement on November 9, 2004 (69 FR 65024).
A copy of the OMB Federal Register notice and HUD's regulation
codifying the DUNS number requirement can be found at: https://
www.hud.gov/offices/adm/grants/duns.cfm. Applicants cannot submit an
application without a DUNS number.
Applicants must note that applicant information entered and used to
obtain the DUNS number will be used to pre-
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populate the Central Contractor Registration (CCR), which is Step Two
of the registration process. Applicants should, therefore, carefully
review information entered when obtaining a DUNS number. When
registering with D&B, please be sure to use the organizational entity's
legal name used when filing a return or making a payment to the
Internal Revenue Service (IRS). Organizations should also provide the
zip code using the Zip Code plus four (Zip+4) code.
Applicants can obtain a DUNS number by calling (866) 705-5711 (this
is a toll-free number). The approximate time to get a DUNS number is 10
to 15 minutes, and there is no charge. After obtaining your DUNS
number, applicants should wait 24 to 48 hours to register with the CCR
so that its DUNS number has time to become activated in the D&B records
database.
b. Step Two: Register with the CCR. The second step of the
registration process is registering with the CCR. The CCR is the
primary vendor database for the federal government. An organization
planning to submit a grant application must register, or annually
update or renew its registration, with CCR to establish roles and IDs
for representatives that will use Grants.gov to submit electronic grant
applications. If you need assistance with the CCR registration process,
you can contact the CCR Assistance Center, 24 hours a day, 7 days a
week at (888) 227-2423 or (269) 961-5757. Applicants can also obtain
assistance online at: https://www.ccr.gov. A CCR Handbook that guides
applicants through the registration process is available on the CCR
website by clicking on ``Help.'' If you fail to update/renew your CCR
registration, your Grants.gov registration will lapse and you will not
be able to submit an application for funding. Registration, including
update/renewal, can take several weeks, because CCR compares its
records to those maintained by D&B and the IRS. If discrepancies arise,
Step Two cannot be completed until the discrepancies are resolved. For
this reason, HUD urges applicants to complete the CCR registration, or
update/renew its existing registration, immediately. Otherwise, the
CCR's check with D&B and IRS records may delay your completing the
registration process and adversely affect your ability to submit your
grant application.
The CCR registration process consists of completing a Trading
Partner Profile (TPP), which contains general, corporate, and financial
information about your organization. When completing the TPP, you will
be required to identify an eBusiness Point of Contact (eBusiness POC)
responsible for maintaining the information in the TPP and granting
authorization to individuals to serve as Authorized Organization
Representatives (AORs). An AOR is the individual who will submit the
application through Grants.gov for the applicant organization.
Applicants can check the CCR registration and eBusiness POC by going to
https://www.ccr.gov and searching by clicking on ``Search CCR.''
(1) CCR Use of D&B Information. In July 2006, CCR implemented a
policy change. Under this policy change, instead of obtaining name and
address information directly from the registrant, CCR obtains the
following data fields from D&B: Legal Business Name; Doing Business as
Name (DBA); Physical Address; and Postal Code (Zip+4). Registrants will
not be able to enter or modify these fields in CCR because they will be
pre-populated using previously registered D&B Data Universal Numbering
System (DUNS) records data. During a new registration, or when updating
a record, the registrant has a choice to accept or reject the
information provided from the D&B records. If the registrant agrees
with the D&B-supplied information, the D&B data will be accepted into
the CCR registrant record. If the registrant disagrees with the D&B-
supplied data, the registrant must go to the D&B Web site at: