Funding Opportunity Title: Notice of Funds Availability (NOFA) Inviting Applications for the FY 2010 Funding Round of the Community Development Financial Institutions (CDFI) Program, 49440-49450 [E9-23343]

Agencies

• Community Development Financial Institutions Fund
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Notices]
[Pages 49440-49450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23343]


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DEPARTMENT OF THE TREASURY

Community Development Financial Institutions Fund


Funding Opportunity Title: Notice of Funds Availability (NOFA) 
Inviting Applications for the FY 2010 Funding Round of the Community 
Development Financial Institutions (CDFI) Program

    Announcement Type: Announcement of funding opportunity.
    Catalog Of Federal Domestic Assistance (CFDA) Number: 21.020.

DATES: Applications for Financial Assistance (FA) and/or Technical 
Assistance (TA) awards through the FY 2010 Funding Round of the CDFI 
Program must be received by 5 p.m. Eastern Time (ET), November 18, 
2009.
Executive Summary: Subject to funding availability, this NOFA is issued 
in connection with the FY 2010 Funding Round of the CDFI Program (the 
FY 2010 Funding Round). The CDFI Program is administered by the 
Community Development Financial Institutions Fund (the Fund).

I. Funding Opportunity Description

    A. Through the CDFI Program, the Fund provides: (i) FA awards to 
CDFIs that have Comprehensive Business Plans for creating demonstrable 
community development impact through the deployment of credit, capital, 
and financial services within their respective Target Markets or the 
expansion into new Investment Areas, Low-Income Targeted Populations, 
or Other Targeted Populations, and (ii) TA grants to CDFIs and entities 
proposing to become CDFIs in order to build their capacity to meet the 
community development and capital access needs of their existing or 
proposed Target Markets and/or to become certified CDFIs.
    B. The regulations governing the CDFI Program are found at 12 CFR 
Part 1805 (the Regulations) and provide guidance on evaluation criteria 
and other requirements of the CDFI Program. The Fund encourages 
Applicants to review the Regulations. Detailed application content 
requirements are found in the applicable funding application and 
related guidance materials. Each capitalized term in this NOFA is more 
fully defined in the Regulations, the application, or the guidance 
materials.
    C. The Fund reserves the right to fund, in whole or in part, any, 
all, or none of the applications submitted in response to this NOFA. 
The Fund reserves the right to re-allocate funds from the amount that 
is anticipated to be available under this NOFA to other

[[Page 49441]]

Fund programs, particularly if the Fund determines that the number of 
awards made under this NOFA is fewer than projected. In addition, the 
Fund invites applications that propose innovative Financial Products 
and Financial Services to address the current difficult economic 
conditions of our nation.

II. Award Information

A. Funding Availability

    1. FY 2010 Funding Round: Through this NOFA, and subject to funding 
availability, the Fund expects that it may award approximately $113 
million in appropriated funds, of which: (i) Approximately $20 million 
in appropriated funds may be awarded to Category I/SECA Applicants (as 
defined below in Table 1--FA Applicant Criteria) in the form of FA 
awards and TA grants; (ii) approximately $90 million in appropriated 
funds may be awarded to Category II/Core Applicants (as defined below 
in Table 1--FA Applicant Criteria) in the form of FA awards and TA 
grants; and (iii) approximately $3 million in appropriated funds may be 
awarded to Applicants in the form of TA grants only. The Fund reserves 
the right to award in excess of $113 million in appropriated funds to 
Applicants (and/or more or less than $20 million to Category I/SECA 
Applicants, and/or more or less than $90 million to Category II/Core 
Applicants, and/or more or less than $3 million to TA-only Applicants) 
in the FY 2010 Funding Round, provided that the funds are available and 
the Fund deems it appropriate.
    2. Availability of Funds for the FY 2010 Funding Round: Funds for 
the FY 2010 Funding Round have not yet been appropriated. If funds are 
not appropriated for the FY 2010 Funding Round, there will not be a FY 
2010 Funding Round. Further, it is possible that if funds are 
appropriated for the FY 2010 Funding Round, the amount of such funds 
may be greater than or less than the amounts set forth above. Further, 
if funds for the FY 2010 Funding Round of the Native American CDFI 
Assistance (NACA) Program are not appropriated, entities that are 
eligible to apply for CDFI Program funds and that might otherwise have 
applied for NACA Program funds are encouraged to apply for CDFI Program 
funds through the FY 2010 Funding Round.
    B. Types of Awards: An Applicant may submit an application either 
for: (i) A FA-only award; (ii) a FA award and a TA grant; or (iii) a 
TA-only grant.
    1. FA Awards: FA is intended to provide flexible financial support 
to CDFIs so that they may achieve the strategies outlined in their 
Comprehensive Business Plans. FA awards can be used in the following 
five categories: (i) Financial Products; (ii) Financial Services; (iii) 
Development Services; (iv) Loan Loss Reserves, Capital Reserves, or 
other activities/uses that support the activities in the Applicant's 
Comprehensive Business Plan; and/or (v) Operations. For purposes of 
this NOFA, Financial Products means loans, grants, equity investments, 
and similar financing activities, including the purchase of loans 
originated by certified CDFIs and the provision of loan guarantees, in 
the Applicant's Target Market, or for related purposes that the Fund 
deems appropriate (including administrative funds used to carry out 
Financial Products). Financial Services means checking and savings 
accounts, certified checks, automated teller machines services, deposit 
taking, remittances, safe deposit box services, and other similar 
services (including administrative funds used to carry out Financial 
Services). Development Services means activities that promote community 
development and are integral to the Applicant's provisions of Financial 
Products and Financial Services (including administrative funds used to 
carry out Development Services) including, for example, financial or 
credit counseling, housing and homeownership counseling (pre- and post-
), self-employment technical assistance, entrepreneurship training, and 
financial management skill-building. Loan Loss Reserves means funds 
that the Applicant will set aside in the form of cash reserves, or 
through accounting-based accrual reserves, to cover losses on loans, 
accounts, and notes receivable made in its Target Market, or for 
related purposes that the Fund deems appropriate (including 
administrative funds used to carry out Loan Loss Reserves). Capital 
Reserves means funds that the Applicant will set aside in the form of 
reserves to support the Applicant's ability to leverage other capital, 
for such purposes as increasing its net assets or serving the financing 
needs of its Target Market, or for related purposes that the Fund deems 
appropriate (including administrative funds used to carry out Capital 
Reserves). Operations means funds that the Applicant will use to carry 
out its Comprehensive Business Plan, and/or for related purposes that 
the Fund deems appropriate, that are not used to carry out or 
administer any of the foregoing eligible FA uses. FA awards are most 
commonly used for an Applicant's Financial Products since FA funds can 
be used to support the Applicant's community development lending 
activities.
    The Fund may provide FA awards in the form of equity investments 
(including, in the case of certain Insured Credit Unions, secondary 
capital accounts), grants, loans, deposits, credit union shares, or any 
combination thereof. The Fund reserves the right, in its sole 
discretion, to provide a FA award in a form and amount other than that 
which the Applicant requests; however, the award amount will not exceed 
the Applicant's award request as stated in its application. The Fund 
reserves the right, in its sole discretion, to provide a FA award to an 
Applicant on the condition that the Applicant agrees to use a TA grant 
for specified capacity-building purposes, even if the Applicant has not 
requested a TA grant. FA awards must be used to support the Applicant's 
activities; FA awards cannot be used to support the activities of, or 
otherwise be ``passed through'' to, third-party entities, whether 
Affiliates, Subsidiaries, or others, without the prior written 
permission of the Fund.
2. TA Grants
    (a) The Fund provides TA awards in the form of grants. The Fund 
reserves the right, in its sole discretion, to provide a TA grant for 
uses and amounts other than that which the Applicant requests; however, 
the award amount will not exceed the Applicant's award request as 
stated in its application and the applicable budget chart.
    (b) TA grants may be used to address a variety of needs including, 
but not limited to, development of strategic planning documents (such 
as strategic or capitalization plans), market analyses or product 
feasibility analyses, operational policies and procedures, curricula 
for Development Services (such as entrepreneurial training, home buyer 
education, financial education or training, or borrower credit repair 
training), improvement of underwriting and portfolio management, 
development of outreach and training strategies to enhance product 
delivery, operating support to expand into a new eligible market, and 
tools that allow the Applicant to assess the impact of its activities 
in its community.
    (c) Eligible TA grant uses include, but are not limited to: (i) 
Procuring professional services; (ii) acquiring/enhancing technology 
items, including computer hardware, software, and Internet connectivity 
and related

[[Page 49442]]

information management systems; (iii) acquiring training for staff, 
management, and/or board members; and (iv) paying recurring expenses, 
including staff salary and other key operating expenses, that will 
enhance the capacity of the Applicant to serve its Target Market and/or 
to become certified as a CDFI. TA awards must be used to support the 
Applicant's activities; TA awards cannot be used to support the 
activities of, or otherwise be ``passed through'' to, third-party 
entities, whether Affiliates, Subsidiaries, or others, without the 
prior written permission of the Fund.
    C. Notice of Award; Assistance Agreement: Each Awardee under this 
NOFA must sign a Notice of Award and an Assistance Agreement in order 
to receive a disbursement of award proceeds by the Fund. The Notice of 
Award and the Assistance Agreement contain the terms and conditions of 
the award. For further information, see Sections VI.A and VI.B of this 
NOFA.

III. Eligibility Information

    A. Eligible Applicants: The Regulations specify the eligibility 
requirements that each Applicant must meet in order to be eligible to 
apply for assistance under this NOFA. The following sets forth 
additional detail and dates that relate to the submission of 
applications under this NOFA:
    1. FA Applicant Categories: All Applicants for FA awards through 
this NOFA must meet the criteria for one of the following two 
categories:

                                         Table 1--FA Applicant Criteria
----------------------------------------------------------------------------------------------------------------
        FA Applicant category             Applicant criteria    Applicant may apply for    Application deadline
----------------------------------------------------------------------------------------------------------------
Category I/Small and/or Emerging CDFI  (1) Is a Certified/      Up to and including      5:00 p.m. ET,
 Assistance (SECA).                     Certifiable CDFI;        $500,000 in FA funds,    Wednesday, November
                                                                 and up to and            18, 2009.
                                                                 including $100,000 in
                                                                 TA funds.
                                       (2) Has total assets,
                                        as of the end of the
                                        Applicant's most
                                        recent fiscal year end
                                        or September 30, 2009,
                                        as follows:
                                           Insured
                                           Depository
                                           Institutions and
                                           Depository
                                           Institution Holding
                                           Companies: up to
                                           $250 million.
                                           Insured
                                           Credit Unions: Up
                                           to $10 million.
                                           Venture
                                           capital funds: up
                                           to $10 million.
                                           Other
                                           CDFIs: up to $5
                                           million, or.
                                       (3) Began operations on
                                        or after January 1,
                                        2006; and (4) Prior to
                                        the application
                                        deadline, has not been
                                        selected to receive in
                                        excess of $500,000 in
                                        FA award(s) in the
                                        aggregate from the
                                        CDFI Program or Native
                                        Initiatives Funding
                                        Programs.
Category II/Core.....................  A Certified/Certifiable  Up to and including $2   5:00 p.m. ET,
                                        CDFI that meets all      million in FA funds,     Wednesday, November
                                        other eligibility        and up to $100,000 in    18, 2009.
                                        requirements described   TA funds.
                                        in this NOFA.
----------------------------------------------------------------------------------------------------------------


    Please note:  (1) The Fund reserves the right, in its sole 
discretion, to award amounts in excess of or less than the 
anticipated maximum award amounts permitted in this NOFA, if the 
Fund deems it appropriate. (2) Any Applicant that requests FA 
funding in excess of $500,000 is classified as a Category II/Core 
Applicant, regardless of its total assets, years in operation, or 
prior Fund awards. (3) The term ``began operations'' is defined as 
the financing activity start date indicated in the Applicant's 
myCDFIFund account.

    2. TA Applicants: All Applicants for TA grants through this NOFA 
must meet the following criteria:

                                         Table 2--TA Applicant Criteria
----------------------------------------------------------------------------------------------------------------
            Applicant type              Criteria of applicant   Applicant can apply for    Application due date
----------------------------------------------------------------------------------------------------------------
TA-Only..............................  A Certified CDFI, a      Up to $100,000 for       5:00 p.m. ET,
                                        Certifiable CDFI, or     capacity-building        Wednesday, November
                                        an Emerging CDFI.        activities.              18, 2009.
FA/TA (Core/SECA)....................  A Certified CDFI, a      Up to $100,000 for       5:00 p.m. ET,
                                        Certifiable CDFI.        capacity-building        Wednesday, November
                                                                 activities.              18, 2009.
----------------------------------------------------------------------------------------------------------------

    The Fund, in its sole discretion, reserves the right to award 
amounts less than the anticipated maximum award amounts permitted in 
this NOFA, if the Fund deems it appropriate.
    3. CDFI Certification Requirements: For purposes of this NOFA, 
eligible FA Applicants include Certified CDFIs and Certifiable CDFIs; 
eligible TA Applicants include Certified CDFIs, Certifiable CDFIs, and 
Emerging CDFIs, defined as follows:
    (a) Certified CDFIs: For purposes of this NOFA, a Certified CDFI is 
an entity that has received official notification from the Fund that it 
meets all CDFI

[[Page 49443]]

certification requirements as of the date of publication of this NOFA, 
the certification of which has not expired and that has not been 
notified by the Fund that its certification has been terminated. In 
cases where the Fund provided certified CDFIs with written notification 
that their certifications had been extended, the Fund will consider the 
extended certification date (the later date) to determine whether those 
certified CDFIs meet this eligibility requirement. When applicable, 
each such Applicant must submit a Certification of Material Events form 
to the Fund not later than October 14, 2009 (see Table 3--FY 2010 CDFI 
Program Deadlines). The Certification of Material Events form can be 
found on the Fund's Web site at https://www.CDFIfund.gov.
    (b) Certifiable CDFIs: For purposes of this NOFA, a Certifiable 
CDFI is an entity from which the Fund has received a complete CDFI 
Certification Application no later than October 14, 2009 (see Table 3--
FY 2010 CDFI Program Deadlines), evidencing that the Applicant meets 
the requirements to be certified as a CDFI. The CDFI Certification 
Application can be found on the Fund's Web site at https://www.CDFIfund.gov. If the Fund is unable to certify the organization as 
a CDFI based on the CDFI certification Application submitted to the 
Fund, it is in the sole discretion of the Fund to terminate the Notice 
of Award and the award commitment. While a Certifiable CDFI may be 
conditionally selected for a FA award (as evidenced through the Notice 
of Award), the Fund will not enter into an Assistance Agreement or 
disburse award funds unless and until the Fund has officially certified 
the organization as a CDFI.
    (c) Emerging CDFIs: For purposes of this NOFA, an Emerging CDFI is 
an entity that demonstrates to the Fund's satisfaction that it has a 
reasonable plan to be certified as a CDFI by December 31, 2012, or such 
other date selected by the Fund. Emerging CDFIs may only apply for TA 
grants; they are not eligible to apply for FA awards. Each Emerging 
CDFI that is selected to receive a TA grant will be required, pursuant 
to its Assistance Agreement with the Fund, to become certified as a 
CDFI by a certain date.
    4. Limitation on Awards: An Applicant may receive only one award 
through the FY 2010 Funding Round of the CDFI Program or the NACA 
Program. No Awardee may also receive a FY 2010 Bank Enterprise Award 
(BEA) Program award (subject to certain limitations; refer to the 
Regulations at 12 CFR Sec.  1805.102). A CDFI Program Applicant, its 
Subsidiaries, or Affiliates also may apply for and receive a tax credit 
allocation through the New Markets Tax Credit (NMTC) Program, but only 
to the extent that the activities approved for CDFI Program awards are 
different from those activities for which the Applicant receives a NMTC 
Program allocation.
    B. Prior Awardees: Applicants must be aware that success in a prior 
round of any of the Fund's programs is not indicative of success under 
this NOFA. For purposes of this section, the Fund will consider an 
Affiliate to be any entity that meets the definition of Affiliate in 
the Regulations or any entity otherwise identified as an Affiliate by 
the Applicant in its funding application under this NOFA. Prior 
awardees should note the following:
    1. $5 Million Funding Cap: Congress waived the $5 million funding 
cap for the FY 2009 Funding Round, and it is possible that the $5 
million funding cap may be waived for the FY 2010 Funding Round as 
well. As of the publication date of this NOFA, however, such a waiver 
has not been enacted into law. Accordingly, the Fund is currently 
prohibited from obligating more than $5 million in assistance, in the 
aggregate, to any one organization and its Subsidiaries and Affiliates 
during any three-year period. In general, the three-year period extends 
back three years from the date that the Fund signs a Notice of Award; 
for purposes of this NOFA, and for ease of administration, the Fund 
will consider any assistance documented with a Notice of Award dated 
between July 31, 2007 and July 31, 2010 (which is the anticipated date 
that the Fund will issue Notices of Award for the FY 2010 Funding 
Round). However, in light of the possibility of a waiver of the $5 
million funding cap, an Applicant who is otherwise eligible under this 
NOFA, and is requesting an award amount that would cause the Applicant 
to exceed the $5 million funding cap, should submit an Application 
under this NOFA. The Fund will assess applicability of the $5 million 
funding cap during the award selection phase based upon whether the 
Congressional waiver has been enacted at that time.
    2. Failure to Meet Reporting Requirements: The Fund will not 
consider an application submitted by an Applicant if the Applicant, or 
an Affiliate of the Applicant, is a prior Awardee or allocatee under 
any Fund program and is not current on the reporting requirements set 
forth in a previously executed assistance, allocation, or award 
agreement(s), as of the applicable application deadline of this NOFA. 
Please note that the Fund only acknowledges the receipt of reports that 
are complete. As such, incomplete reports or reports that are deficient 
of required elements will not be recognized as having been received.
    3. Pending Resolution of Noncompliance: If an Applicant is a prior 
Awardee or allocatee under any Fund program and if (i) it has submitted 
complete and timely reports to the Fund that demonstrate noncompliance 
with a previous assistance, allocation or award agreement, and (ii) the 
Fund has yet to make a final determination as to whether the entity is 
in default of its previous assistance, allocation, or award agreement, 
the Fund will consider the Applicant's application under this NOFA 
pending full resolution, in the sole determination of the Fund, of the 
noncompliance. Further, if an Affiliate of the Applicant is a prior 
Fund Awardee or allocatee and if such entity (i) has submitted complete 
and timely reports to the Fund that demonstrate noncompliance with a 
previous assistance, allocation, or award agreement, and (ii) the Fund 
has yet to make a final determination as to whether the entity is in 
default of its previous assistance, allocation, or award agreement, the 
Fund will consider the Applicant's application under this NOFA pending 
full resolution, in the sole determination of the Fund, of the 
noncompliance.
    4. Default Status: The Fund will not consider an application 
submitted by an Applicant that is a prior Awardee or allocatee under 
any Fund program if, as of the applicable application deadline of this 
NOFA, the Fund has made a final determination that such Applicant is in 
default of a previously executed assistance, allocation, or award 
agreement(s). Further, an entity is not eligible to apply for an award 
pursuant to this NOFA if, as of the applicable application deadline of 
this NOFA, the Fund has made a final determination that an Affiliate of 
the Applicant is a prior Awardee or allocatee under any Fund program 
and has been determined by the Fund to be in default of a previously 
executed assistance, allocation, or award agreement(s). Such entities 
will be ineligible to apply for an award pursuant to this NOFA so long 
as the Applicant's, or its Affiliate's, prior award or allocation 
remains in default status or such other time period as specified by the 
Fund in writing.
    5. Termination in Default: The Fund will not consider an 
application submitted by an Applicant that is a prior Awardee or 
allocatee under any Fund program if (i) within the 12-month period 
prior to the applicable application deadline of this NOFA, the

[[Page 49444]]

Fund has made a final determination that such Applicant's prior award 
or allocation terminated in default of a previously executed 
assistance, allocation, or award agreement(s), and (ii) the final 
reporting period end date for the applicable terminated assistance, 
allocation, or award agreement(s) falls within the 12-month period 
prior to the application deadline of this NOFA. Further, an entity is 
not eligible to apply for an award pursuant to this NOFA if (i) within 
the 12-month period prior to the applicable application deadline, the 
Fund has made a final determination that an Affiliate of the Applicant 
is a prior Awardee or allocatee under any Fund program whose award or 
allocation terminated in default of a previously executed assistance, 
allocation, or award agreement(s), and (ii) the final reporting period 
end date for the applicable terminated assistance, allocation or award 
agreement(s) falls within the 12-month period prior to the application 
deadline of this NOFA.
    6. Undisbursed Award Funds: The Fund will not consider an 
application submitted by an Applicant that is a prior Awardee under any 
Fund program if the Applicant has a balance of undisbursed award funds 
(as defined below) under said prior award(s), as of the applicable 
application deadline of this NOFA. Further, an entity is not eligible 
to apply for an award pursuant to this NOFA if an Affiliate of the 
Applicant is a prior Awardee under any Fund program, and has a balance 
of undisbursed award funds under said prior award(s), as of the 
applicable application deadline of this NOFA. In a case where another 
entity that Controls the Applicant, is Controlled by the Applicant, or 
shares common management officials with the Applicant (as determined by 
the Fund) is a prior Awardee under any Fund program, and has a balance 
of undisbursed award funds under said prior award(s), as of the 
applicable application deadline of this NOFA, the Fund will include the 
combined awards of the Applicant and such Affiliated entities when 
calculating the amount of undisbursed award funds.
    For purposes of the calculation of undisbursed award funds for the 
BEA Program, only awards made to the Applicant (and any Affiliates) 
three to five calendar years prior to the end of the calendar year of 
the application deadline of this NOFA are included (``includable BEA 
awards''). Thus, for purposes of this NOFA, undisbursed BEA Program 
award funds are the amount of FYs 2004, 2005, and 2006 awards that 
remain undisbursed as of the application deadline of this NOFA.
    For purposes of the calculation of undisbursed award funds for the 
CDFI Program and the Native Initiatives Funding Programs, only awards 
made to the Applicant (and any Affiliates) two to five calendar years 
prior to the end of the calendar year of this NOFA are included 
(``includable CDFI/NI awards''). Thus, for purposes of this NOFA, 
undisbursed CDFI Program and NI awards are the amount of FYs 2004, 
2005, 2006, and 2007 awards that remain undisbursed as of the 
application deadline of this NOFA. The term ``Native Initiatives 
Funding Programs'' refers to the NACA Program and all prior funding 
programs, through which funds are no longer available, including the 
Native American CDFI Technical Assistance (NACTA) Component of the CDFI 
Program, the Native American CDFI Development (NACD) Program, and the 
Native American Technical Assistance (NATA) Component of the CDFI 
Program.
    To calculate total includable BEA/CDFI/NI awards: Amounts that are 
undisbursed as of the application deadline of this NOFA cannot exceed 
five percent of the total includable awards. Please refer to an example 
of this calculation on the Fund's Web site, found in the Q&A document 
for the FY 2010 Funding Round.
    The ``undisbursed award funds'' calculation does not include: (i) 
Tax credit allocation authority made available through the NMTC 
Program; (ii) any award funds for which the Fund received a full and 
complete disbursement request from the Awardee by the applicable 
application deadline of this NOFA; (iii) any award funds for an award 
that has been terminated in writing by the Fund or deobligated by the 
Fund; or (iv) any award funds for an award that does not have a fully 
executed assistance or award agreement. The Fund strongly encourages 
Applicants requesting disbursements of ``undisbursed funds'' from prior 
awards to provide the Fund with a complete disbursement request at 
least 10 business days prior to the application deadline of this NOFA.
    7. Contact the Fund: Applicants that are prior Fund Awardees are 
advised to: (i) Comply with requirements specified in assistance, 
allocation, and/or award agreement(s), and (ii) contact the Fund to 
ensure that all necessary actions are underway for the disbursement or 
deobligation of any outstanding balance of said prior award(s). An 
Applicant that is unsure about the disbursement status of any prior 
award should contact the Fund's Senior Resource Manager via e-mail at 
CDFI.disburseinquiries@cdfi.treas.gov.
    8. Other Targeted Populations as Target Markets: Other Targeted 
Populations are defined as identifiable groups of individuals in the 
Applicant's service area for which there exists a strong basis of 
evidence that they lack access to loans, Equity Investments, and/or 
Financial Services. The Fund has determined that there is a strong 
basis of evidence that the following groups of individuals lack access 
to loans, Equity Investments, and/or Financial Services on a national 
level: Blacks or African Americans, Native Americans or American 
Indians, and Hispanics or Latinos. In addition, for purposes of this 
NOFA, the Fund has determined that there is a strong basis of evidence 
that Alaskan Natives residing in Alaska, Native Hawaiians residing in 
Hawaii, and Other Pacific Islanders residing in other Pacific Islands 
lack adequate access to loans, Equity Investments, or Financial 
Services. An Applicant designating any of the above-cited Other 
Targeted Populations is not required to provide additional narrative 
explaining the Other Targeted Population's lack of adequate access to 
loans, Equity Investments, or Financial Services. For purposes of this 
NOFA, the Fund will use the following definitions, set forth in the 
Office of Management and Budget (OMB) Notice, Revisions to the 
Standards for the Classification of Federal Data on Race and Ethnicity 
(October 30, 1997), as amended and supplemented:
    (a) American Indian, Native American, or Alaskan Native: A person 
having origins in any of the original peoples of North and South 
America (including Central America) and who maintains tribal 
affiliation or community attachment;
    (b) Black or African American: A person having origins in any of 
the black racial groups of Africa (terms such as Haitian or Negro can 
be used in addition to Black or African American);
    (c) Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, 
South or Central American, or other Spanish culture or origin, 
regardless of race (the term Spanish origin can be used in addition to 
Hispanic or Latino); and
    (d) Native Hawaiian: A person having origins in any of the original 
peoples of Hawaii; and
    (e) Other Pacific Islander: A person having origins in any of the 
original peoples of Guam, Samoa or other Pacific Islands.
    C. Matching Funds: Congress waived the matching funds requirements 
for the FY 2009 Funding Round, and it is possible that the matching 
funds requirements may be waived for the FY 2010 Funding Round as well. 
As of the

[[Page 49445]]

publication date of this NOFA, however, such a waiver has not been 
enacted into law. Accordingly, the Fund encourages Applicants to 
include matching funds documentation as instructed in the application; 
if the matching funds waiver is enacted, the Fund will not consider 
matching funds documentation. An Applicant that does not include 
matching funds documentation in its application runs the risk of being 
determined to be ineligible for funding under the FY 2010 Funding Round 
if said matching funds waiver is not enacted. In light of the 
possibility of a waiver of the matching funds requirements, an 
Applicant who would not satisfy the matching funds requirements but is 
otherwise eligible under this NOFA should submit an application under 
this NOFA. The Fund will assess applicability of the matching funds 
requirements during the award selection phase based upon whether the 
Congressional waiver has been enacted at that time.
    Accordingly, subject to the immediately preceding paragraph:
    1. Applicants responding to this NOFA must obtain non-Federal 
matching funds from sources other than the Federal government on the 
basis of not less than one dollar for each dollar of FA funds provided 
by the Fund (matching funds are not required for TA grants). Matching 
funds must be at least comparable in form and value to the FA provided 
by the Fund. For example, if an Applicant is requesting a FA award from 
the Fund, the Applicant must show that it has obtained matching funds 
through commitment(s) from non-Federal sources that are at least equal 
to the amount requested from the Fund. Applicants cannot use matching 
funds from a prior FA award under the NACA or CDFI Program or under 
another Federal grant or award program to satisfy the matching funds 
requirement of this NOFA. If an Applicant seeks to use as matching 
funds monies received from an organization that was a prior Awardee 
under the NACA or CDFI Program, the Fund will deem such funds to be 
Federal funds, unless the funding entity establishes to the reasonable 
satisfaction of the Fund that such funds do not consist, in whole or in 
part, of NACA or CDFI Program funds or other Federal funds. For the 
purposes of this NOFA, BEA Program awards may be used as matching 
funds. The Fund encourages Applicants to review the Regulations at 12 
CFR 1805.500 et seq. and matching funds guidance materials on the 
Fund's Web site for further information.
    2. Due to funding constraints and the desire to quickly deploy Fund 
dollars, the Fund will not consider for a FA award any Applicant that 
has no matching funds in-hand or firmly committed as of the application 
deadline of this NOFA. Specifically, FA Applicants must meet the 
following matching funds requirements:
    (a) Category I/SECA Applicants: A Category I/SECA Applicant must 
demonstrate that it has eligible matching funds equal to no less than 
25 percent of the amount of the FA award requested in-hand or firmly 
committed, on or after January 1, 2008, and on or before the 
application deadline. The Fund reserves the right to rescind all or a 
portion of a FA award and re-allocate the rescinded award amount to 
other qualified Applicant(s), if an Applicant fails to obtain in-hand 
100 percent of the required matching funds by March 14, 2011 (with 
required documentation of such receipt received by the Fund not later 
than March 31, 2011), or to grant an extension of such matching funds 
deadline for specific Applicants selected to receive FA awards, if the 
Fund deems it appropriate. For any Applicant that demonstrates that it 
has less than 100 percent of matching funds in-hand or firmly committed 
as of the application deadline, the Fund will evaluate the Applicant's 
ability to raise the remaining matching funds by March 14, 2011.
    (b) Category II/Core Applicants: A Category II/Core Applicant must 
demonstrate that it has eligible matching funds equal to no less than 
100 percent of the amount of the FA award requested in-hand or firmly 
committed, on or after January 1, 2008 and on or before the application 
deadline. The Fund reserves the right to rescind all or a portion of a 
FA award and re-allocate the rescinded award amount to other qualified 
Applicant(s), if an Applicant fails to obtain in-hand 100 percent of 
the required matching funds by March 14, 2011 (with required 
documentation of such receipt received by the Fund not later than March 
31, 2011), or to grant an extension of such matching funds deadline for 
specific Applicants selected to receive FA, if the Fund deems it 
appropriate.
    3. Matching Funds Terms Defined; Required Documentation
    (a) ``Matching funds in-hand'' means the Applicant has actually 
received the matching funds. If the matching funds are ``in-hand,'' the 
Applicant must provide the Fund with acceptable written documentation 
of the source, form, and amount of the Matching Funds (i.e., grant, 
loan, deposit, and equity investment). For a loan, the Applicant must 
provide the Fund with a copy of the loan agreement and promissory note. 
For a grant, the Applicant must provide the Fund with a copy of the 
grant letter or agreement for all grants of $50,000 or more. For an 
equity investment, the Applicant must provide the Fund with a copy of 
the stock certificate and any related shareholder agreement. Further, 
if the matching funds are ``in-hand,'' the Applicant must provide the 
Fund with acceptable documentation that evidences its receipt of the 
matching funds proceeds, such as a copy of a check or a wire transfer 
statement.
    (b) ``Firmly committed matching funds'' means the Applicant has 
entered into or received a legally binding commitment from the matching 
funds source that the matching funds will be disbursed to the 
Applicant. If the matching funds are ``firmly committed,'' the 
Applicant must provide the Fund with acceptable written documentation 
to evidence the source, form, and amount of the firm commitment (and, 
in the case of a loan, the terms thereof), as well as the anticipated 
date of disbursement of the committed funds.
    4. The Fund may contact the matching funds source to discuss the 
matching funds and the documentation provided by the Applicant. If the 
Fund determines that any portion of the Applicant's matching funds is 
ineligible under this NOFA, the Fund, in its sole discretion, may 
permit the Applicant to offer alternative matching funds as a 
substitute for the ineligible matching funds; provided, however, that 
(i) the Applicant must provide acceptable alternative matching funds 
documentation within two business days of the Fund's request and (ii) 
the alternative matching funds documentation cannot increase the total 
amount of FA requested by the Applicant.
    5. Special Rule for Insured Credit Unions: The Regulations allow an 
Insured Credit Union to use retained earnings to serve as matching 
funds for a FA grant in an amount equal to: (i) the increase in 
retained earnings that has occurred over the Applicant's most recent 
fiscal year; (ii) the annual average of such increases that has 
occurred over the Applicant's three most recent fiscal years; or (iii) 
the entire retained earnings that have been accumulated since the 
inception of the Applicant, as provided in the Regulations. For 
purposes of this NOFA, if option (iii) is used, the Applicant must 
increase its member and/or non-member shares or total loans outstanding 
by an amount that is equal to the amount of retained earnings that is 
committed as matching funds. This amount must be raised by the end of 
the Awardee's second

[[Page 49446]]

performance period, as set forth in its Assistance Agreement, and will 
be based on amounts reported in the Applicant's Audited or Reviewed 
Financial Statements or NCUA Form 5300 Call Report. The Fund will 
assess the likelihood of this increase during the application review 
process. An award will not be made to any Applicant that has not 
demonstrated that it has increased shares or loans by at least 25 
percent of the requested FA award amount between December 31, 2008, and 
December 31, 2009, as demonstrated by the corresponding NCUA report.

IV. Application and Submission Information

    A. MyCDFIFund Accounts: All Applicants must register User and 
Organization accounts in myCDFIFund, the Fund's Internet-based 
interface. An Applicant must be registered as both a User and an 
Organization in myCDFIFund as of the applicable application deadline in 
order to be considered to have submitted a complete application. As 
myCDFIFund is the Fund's primary means of communication with Applicants 
and Awardees, organizations must make sure that they update the contact 
information in their myCDFIFund accounts before the applicable 
application deadline. For more information on myCDFIFund, please see 
the ``Frequently Asked Questions'' link posted at https://www.cdfifund.gov/myCDFI/Help/Help.asp.
    B. Form of Application Submission: Applicants must submit 
applications under this NOFA electronically. Applications sent by mail, 
facsimile, or other form will not be permitted, except in circumstances 
that the Fund, in its sole discretion, deems acceptable.
    C. Applications Submitted via myCDFIFund: Applicants must submit 
applications under this NOFA electronically, through myCDFIFund, the 
Fund's internet-based interface. Please note that the Fund will not 
accept applications through Grants.gov. Applications sent by mail, 
facsimile, or other form will generally not be accepted, except in 
circumstances approved by the Fund, in its sole discretion. The Fund 
will post to its Web site at https://www.cdfifund.gov instructions for 
accessing and submitting an application as soon as they become 
available.
    D. Application Content Requirements: Detailed application content 
requirements, including the required elements of the Comprehensive 
Business Plan, are found in the application and guidance. Please note 
that, pursuant to OMB guidance (68 FR 38402), each Applicant must 
provide, as part of its application submission, a Dun and Bradstreet 
Data Universal Numbering System (DUNS) number. In addition, each 
application must include a valid and current Employer Identification 
Number (EIN), with a letter or other documentation from the Internal 
Revenue Service (IRS) confirming the Applicant's EIN. An electronic 
application that does not include an EIN is incomplete and cannot be 
transmitted to the Fund. Applicants should allow sufficient time for 
the IRS and/or Dun and Bradstreet to respond to inquiries and/or 
requests for identification numbers. Once an application is submitted, 
the Applicant will not be allowed to change any element of the 
application. The preceding sentences do not limit the Fund's ability to 
contact an Applicant for the purpose of obtaining clarifying or 
confirming application information (such as a DUNS number or EIN 
information).
    E. Under the Paperwork Reduction Act (44 U.S.C. chapter 35), an 
agency may not conduct or sponsor a collection of information, and an 
individual is not required to respond to a collection of information, 
unless it displays a valid OMB control number. Pursuant to the 
Paperwork Reduction Act, the application has been assigned the 
following control number: 1559-0021.
    F. Application Deadlines:
    1. The following are the deadlines for submission of the CDFI 
Program Funding Application, the CDFI Certification Application, and 
the Certification of Material Events form:

                 Table 3--FY 2010 CDFI Program Deadlines
                      [All 5:00 p.m. ET deadlines]
------------------------------------------------------------------------
                                      Application        Last date to
            Document                   deadline          contact fund
------------------------------------------------------------------------
CDFI Program Funding Application  Wednesday,          Monday, November
 (FA and/or TA) (both Core and     November 18, 2009.  16, 2009.
 SECA applicants).
CDFI Certification Application..  Wednesday, October  Monday, October
                                   14, 2009.           12, 2009.
Certification of Material Events  Wednesday, October  Monday, October
 form.                             14, 2009.           12, 2009.
------------------------------------------------------------------------

    All CDFI Program funding applications must be electronic and 
submitted through myCDFIFund. No paper submittals or attachments will 
be accepted. Please see the CDFI Certification Application for 
requirements specific to that application.
    2. Late Delivery: The Fund will neither accept a late application 
nor any portion of an application that is late; an application that is 
late, or for which any portion is late, will be rejected. The Fund will 
not grant exceptions or waivers. Any application that is deemed 
ineligible will not be returned to the Applicant.
    G. Intergovernmental Review: Not applicable.
    H. Funding Restrictions: For allowable uses of FA proceeds, please 
see the Regulations at 12 CFR 1805.301.

V. Application Review Information

    A. Format: Funding applications must be single-spaced and use a 12-
point font with 1-inch margins. Each section in the application that is 
scored has page limitations. Applications are encouraged to read each 
section carefully and to remain within the page limitations for each 
section. The Fund will not consider responses beyond the specified page 
limitation in each section. Also, the Fund will read only information 
requested in the application and will not read attachments that have 
not been specifically requested in this NOFA or the application, such 
as the Applicant's five-year strategic or marketing plans.
    B. Criteria: The Fund will evaluate each application on a 100-point 
scale using numeric scores with respect to the five sections required 
in the application. The Fund will score each section as indicated in 
the following table:

                  Table 4--Application Scoring Criteria
------------------------------------------------------------------------
       Application sections                    Scoring points
------------------------------------------------------------------------
Market Analysis...................  TA-only--25.
                                    FA (SECA and Core)--20.
Business Strategy.................  TA-only--25.

[[Page 49447]]

 
                                    FA (SECA and Core)--20.
Community Development Performance   TA-only--20.
 & Effective Use.                   FA (SECA and Core)--20.
Management........................  TA-only--20.
                                    FA (SECA and Core)--20.
Financial Health & Viability......  TA-only--10.
                                    FA (SECA and Core)--20.
------------------------------------------------------------------------

    C. Technical Assistance Proposal: Any Applicant applying for a TA 
grant, either alone or in conjunction with a request for a FA award, 
must complete a Technical Assistance Proposal (TAP) as part of its 
application. The TAP consists of a summary of the organizational 
improvements needed to achieve the objectives of the Comprehensive 
Business Plan, a budget, and a description of the requested goods and/
or services comprising the TA award request. The budget and 
accompanying narrative will be evaluated for the eligibility and 
appropriateness of the proposed uses of the TA grant (described above). 
In addition, if the Applicant identifies a capacity-building need 
related to any of the evaluation criteria above (for example, if the 
Applicant requires a market need analysis or a community development 
impact tracking/reporting system), the Fund will assess its plan to use 
the TA grant to address said needs.
    1. Non-Certified Applicants: An Applicant that is not a Certified 
CDFI and that requests TA to address certification requirements must 
explain how the requested TA grant will assist the Applicant in meeting 
the certification requirements. The Fund will assess the reasonableness 
of the plan to become certified (as specified above in Section III, 
Eligibility Information; A.3. CDFI Certification Requirements), taking 
into account the requested TA. For example, if the Applicant does not 
currently make loans and therefore does not meet the Financing Entity 
requirement, it might describe how the TA funds will be used to hire a 
consultant to develop underwriting policies and procedures to support 
the Applicant's ability to start its lending activity.
    2. Recurring Activities: An Applicant that requests a TA grant for 
recurring activities must clearly describe the benefit that would 
accrue to its capacity or to its Target Market(s) (such as plans for 
expansion of staff, market, or products) as a result of the TA grant. 
If the Applicant is a prior Fund Awardee, it must describe how it has 
used the prior assistance and explain the need for additional Fund 
dollars over and above such prior assistance.

D. Review and Selection Process

    1. Eligibility and Completeness Review: The Fund will review each 
application to determine whether it is complete and the Applicant meets 
the eligibility requirements set forth above. An incomplete application 
does not meet eligibility requirements and will be rejected. Any 
application that does not meet eligibility requirements will not be 
returned to the Applicant.
    2. Substantive Review: If an application is determined to be 
complete and the Applicant is determined to be eligible, the Fund will 
conduct the substantive review of the application in accordance with 
the criteria and procedures described in the Regulations, this NOFA, 
and the application and guidance. As part of the review process, the 
Fund may contact the Applicant by telephone, e-mail, mail, or through 
an on-site visit for the sole purpose of obtaining clarifying or 
confirming application information (such as statements of work, 
matching funds documentation, EINs, DUNS numbers, for example). After 
submitting its application, the Applicant will not be permitted to 
revise or modify its application in any way nor attempt to negotiate 
the terms of an award. If contacted for clarifying or confirming 
information, the Applicant must respond within the time parameters set 
by the Fund.
    3. Application Scoring; Ranking:
    (a) Application Scoring: The Fund will evaluate each application on 
a 100-point scale, comprising the five criteria categories described 
above, and assign numeric scores. An Applicant must receive a minimum 
score in each evaluation criteria in order to be considered for an 
award.
    (b) Evaluating Prior Award Performance: In the case of an Applicant 
that has previously received funding through any Fund program, the Fund 
will consider and will deduct points for:
    (i) The Applicant's noncompliance with any active award or award 
that terminated in the current calendar year in meeting its performance 
goals and measures, reporting deadlines, and other requirements set 
forth in the assistance or award agreement(s) with the Fund during the 
Applicant's two complete fiscal years prior to the application deadline 
of this NOFA; (ii) the Applicant's failure to make timely loan payments 
to the Fund during the Applicant's two complete fiscal years prior to 
the application deadline of this NOFA (if applicable); (iii) 
performance on any prior Assistance Agreement as part of the overall 
assessment of the Applicant's ability to carry out its Comprehensive 
Business Plan; and (iv) funds deobligated from a FY 2007, 2008 or 2009 
FA award (if the Applicant is applying for a FA award under this NOFA) 
if (A) the amount of deobligated funds is at least $200,000 and (B) the 
deobligation occurred within the 12 months prior to the application 
deadline under this NOFA. Any award deobligations that result in a 
point deduction under an application submitted pursuant to either 
Funding Round of this NOFA will not be counted against any future 
application for FA through the CDFI Program. Furthermore, in the case 
of an Applicant that has previously received funding through any Fund 
program, the Fund will consider and may, in its discretion, deduct 
points for those Applicants that have in any proceeding instituted 
against the Applicant in, by, or before any court, governmental, or 
administrative body or agency received a final determination within the 
last three years indicating that the Applicant has discriminated on the 
basis of race, color, national origin, disability, age, marital status, 
receipt of income from public assistance, religion, or sex.
    (c) Ranking: The Fund then will rank the applications by their 
scores, from highest to lowest.
    4. Award Selection: The Fund will make its final award selections 
based on the rank order of Applicants by their scores and the amount of 
funds available. In the case of a tied score(s), Applicants will be 
ranked according to each Applicant's Community Development Performance 
and Effective Use section. TA-only Applicants, Category I/SECA, and 
Category II/Core Applicants will be ranked separately. In addition, the 
Fund may consider the institutional and geographic diversity, including 
geographic areas of distress, of Applicants when making its funding 
decisions. Geographic areas of distress will be based on state and 
multi-county distress indexes derived from the following measures and 
data sources: HUD's 2008 annual state and county-level estimates of 
housing foreclosure starts; 2008 state and county-level annual average 
unemployment rate data from the Bureau of Labor Statistics, Local Area 
Unemployment Statistics; and Census Bureau 2007 data from the American 
Community Survey on median family income and poverty data.

[[Page 49448]]

    5. Insured CDFIs: In the case of Insured Depository Institutions 
and Insured Credit Unions, the Fund will take into consideration the 
views of the Appropriate Federal Banking Agencies; in the case of 
State-Insured Credit Unions, the Fund may consult with the appropriate 
State banking agencies (or comparable entity). The Fund will not 
approve a FA award or a TA grant to any Insured Credit Union (other 
than a State-Insured Credit Union) or Insured Depository Institution 
Applicant for which its Appropriate Federal Banking Agency indicates it 
has safety and soundness concerns, unless the Appropriate Federal 
Banking Agency asserts, in writing, that improvement in status is 
imminent and such improvement is expected to occur not later than 
September 30, 2010, or within such other time frame deemed acceptable 
by the Fund, or (ii) the safety and soundness condition of the 
Applicant is adequate to undertake the activities for which the 
Applicant has requested a FA award and the obligations of an Assistance 
Agreement related to such a FA award. In addition, the Fund will take 
into consideration Community Reinvestment Act assessments of Insured 
Depository Institutions and/or their Affiliates.
    6. Award Notification: Each Applicant will be informed of the 
Fund's award decision either through a Notice of Award (NOA) if 
selected for an award (see NOA section, below) or written declination 
if not selected for an award. The Fund will notify Awardees by e-mail 
using the addresses maintained in the Awardee's myCDFIFund account. 
Each Applicant that is not selected for an award based on reasons other 
than completeness or eligibility issues will be provided the 
opportunity for a debriefing on the strengths and weaknesses of its 
application. This feedback will be provided in a format and within a 
timeframe to be determined by the Fund, based on available resources.
    7. The Fund reserves the right to reject an application if 
information (including administrative errors) comes to the attention of 
the Fund that either adversely affects an applicant's eligibility for 
an award, adversely affects the Fund's evaluation or scoring of an 
application, or indicates fraud or mismanagement on the part of an 
Applicant. If the Fund determines that any portion of the application 
is incorrect in any material respect, the Fund reserves the right, in 
its sole discretion, to reject the application. The Fund reserves the 
right to change its eligibility and evaluation criteria and procedures, 
if the Fund deems it appropriate; if said changes materially affect the 
Fund's award decisions, the Fund will provide information regarding the 
changes through the Fund's Web site. There is no right to appeal the 
Fund's award decisions. The Fund's award decisions are final.

VI. Award Administration Information

    A. Notice of Award (NOA): The Fund will signify its conditional 
selection of an Applicant as an Awardee by delivering a signed NOA to 
the Applicant through its myCDFIFund account. The NOA will contain the 
general terms and conditions underlying the Fund's provision of 
assistance including, but not limited to, the requirement that the 
Awardee and the Fund enter into an Assistance Agreement. The Applicant 
must execute the NOA and return it to the Fund. By executing a NOA, the 
Awardee agrees, among other things, that, if prior to entering into an 
Assistance Agreement with the Fund, information (including 
administrative error) comes to the attention of the Fund that either 
adversely affects the Awardee's eligibility for an award, or adversely 
affects the Fund's evaluation of the Awardee's application, or 
indicates fraud or mismanagement on the part of the Awardee, the Fund 
may, in its discretion and without advance notice to the Awardee, 
terminate the NOA or take such other actions as it deems appropriate. 
Moreover, by executing a NOA, the Awardee agrees that, if prior to 
entering into an Assistance Agreement with the Fund, the Fund 
determines that the Awardee or an Affiliate of the Awardee is in 
default of any Assistance Agreement previously entered into with the 
Fund, the Fund may, in its discretion and without advance notice to the 
Awardee, either terminate the NOA or take such other actions as it 
deems appropriate. The Fund reserves the right, in its sole discretion, 
to rescind its award if the Awardee fails to return the NOA, signed by 
the authorized representative of the Awardee, along with any other 
requested documentation, within the deadline set by the Fund. For 
purposes of this section, the Fund will consider an Affiliate to mean 
any entity that meets the definition of Affiliate in the Regulations.
    1. Failure to Meet Reporting Requirements: If an Awardee or an 
Affiliate of the Awardee is a prior Awardee or allocatee under any Fund 
program and is not current on the reporting requirements set forth in 
the previously executed assistance, allocation or award agreement(s), 
as of the date of the NOA, the Fund reserves the right, in its sole 
discretion, to delay entering into an Assistance Agreement until said 
prior Awardee or allocatee is current on the reporting requirements in 
any previously executed assistance, allocation, or award agreement(s). 
Please note that the Fund only acknowledges the receipt of reports that 
are complete. As such, incomplete reports or reports that are deficient 
of required elements will not be recognized as having been received. If 
said prior Awardee or allocatee is unable to meet this requirement 
within the timeframe set by the Fund, the Fund reserves the right, in 
its sole discretion, to terminate and rescind the NOA and the award 
made under this NOFA.
    2. Pending Resolution of Noncompliance: If an Applicant is a prior 
Awardee or allocatee under any Fund program and if: (i) it has 
submitted complete and timely reports to the Fund that demonstrate 
noncompliance with a previous assistance, award, or allocation 
agreement; and (ii) the Fund has yet to make a final determination as 
to whether the entity is in default of its previous assistance, award, 
or allocation agreement, the Fund reserves the right, in its sole 
discretion, to delay entering into an Assistance Agreement, pending 
full resolution, in the sole determination of the Fund, of the 
noncompliance. Further, if an Affiliate of the Awardee is a prior Fund 
Awardee or allocatee and if such entity (i) has submitted complete and 
timely reports to the Fund that demonstrate noncompliance with a 
previous assistance, award, or allocation agreement and (ii) the Fund 
has yet to make a final determination as to whether the entity is in 
default of its previous assistance, award, or allocation agreement, the 
Fund reserves the right, in its sole discretion, to delay entering into 
an Assistance Agreement, pending full resolution, in the sole 
determination of the Fund, of the noncompliance. If the prior Awardee 
or allocatee in question is unable to satisfactorily resolve the issues 
of noncompliance, in the sole determination of the Fund, the Fund 
reserves the right, in its sole discretion, to terminate and rescind 
the NOA and the award made under this NOFA.
    3. Default Status: If, at any time prior to entering into an 
Assistance Agreement through this NOFA, the Fund has made a final 
determination that an Awardee that is a prior Awardee or allocatee 
under any Fund program is in default of a previously executed 
assistance, allocation, or award agreement(s), the Fund reserves the 
right, in its sole discretion, to delay entering into an Assistance 
Agreement,

[[Page 49449]]

until said prior Awardee or allocatee has submitted a complete and 
timely report demonstrating full compliance with said agreement within 
a timeframe set by the Fund. Further, if at any time prior to entering 
into an Assistance Agreement through this NOFA, the Fund has made a 
final determination that an Affiliate of the Awardee is a prior Awardee 
or allocatee under any Fund program and is in default of a previously 
executed assistance, allocation, or award agreement(s), the Fund 
reserves the right, in its sole discretion, to delay entering into an 
Assistance Agreement, until said prior Awardee or allocatee has 
submitted a complete and timely report demonstrating full compliance 
with said agreement within a timeframe set by the Fund. If said prior 
Awardee or allocatee is unable to meet this requirement and the Fund 
has not specified in writing that the prior Awardee or allocatee is 
otherwise eligible to receive an Award under this NOFA, the Fund 
reserves the right, in its sole discretion, to terminate and rescind 
the NOA and the award made under this NOFA.
    4. Termination in Default: If (i) within the 12-month period prior 
to entering into an Assistance Agreement through this NOFA, the Fund 
has made a final determination that an Awardee that is a prior Awardee 
or allocatee under any Fund program whose award or allocation was 
terminated in default of such prior agreement, and (ii) the final 
reporting period end date for the applicable terminated agreement falls 
within the 12-month period prior to the application deadline of this 
NOFA, the Fund reserves the right, in its sole discretion, to delay 
entering into or determine not to enter into an Assistance Agreement. 
Further, if (i) within the 12-month period prior to entering into an 
Assistance Agreement through this NOFA, the Fund has made a final 
determination that an Affiliate of the Awardee is a prior Awardee or 
allocatee under any Fund program whose award or allocation was 
terminated in default of such prior agreement, and (ii) the final 
reporting period end date for the applicable terminated agreement falls 
within the 12-month period prior to the application deadline of this 
NOFA, the Fund reserves the right, in its sole discretion, to delay 
entering into or determine not to enter into an Assistance Agreement.
    5. Compliance with Federal Anti-Discrimination Laws: If the Awardee 
has previously received funding through any Fund program, and if at any 
time prior to entering into an Assistance Agreement through this NOFA, 
the Fund is made aware of a final determination, made within the last 
three years, in any proceeding instituted against the Awardee in, by, 
or before any court, governmental, or administrative body or agency, 
declaring that the Awardee has di