Funding Opportunity: Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program, 87494-87499 [2023-27691]
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87494
Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Notices
Comments must be received on
or before January 17, 2024. VA
anticipates releasing the draft PEA for a
30-day public review and comment
period in the first quarter of calendar
year 2024. VA will notify stakeholders
via email/mail, publish a notice of
availability of the draft PEA in the
Federal Register and solicit comments
at that time. The draft PEA will be
available for review via the VA website:
www.cfm.va.gov/environmental/.
ADDRESSES: Comments must be
submitted through www.regulations.gov.
Except as provided below, comments
received before the close of the
comment period will be available at
www.regulations.gov for public viewing,
inspection, or copying, including any
personally identifiable or confidential
business information that is included in
a comment. We post the comments
received before the close of the
comment period on the following
website as soon as possible after they
have been received: https://
www.regulations.gov. VA will not post
on Regulations.gov public comments
that make threats to individuals or
institutions or suggest that the
commenter will take actions to harm the
individual. VA encourages individuals
not to submit duplicative comments. We
will post acceptable comments from
multiple unique commenters even if the
content is identical or nearly identical
to other comments. Any public
comment received after the comment
period’s closing date is considered late
and will not be considered.
FOR FURTHER INFORMATION CONTACT: Mr.
Fernando Fernandez, Environmental
Engineer, Office of Construction and
Facilities Management (003C2),
Department of Veterans Affairs,
Washington, DC 20420, (202) 876–7608
(this is not a toll-free number),
Fernando.Fernandez@va.gov. Reference
‘‘National Cemetery Expansion PEA’’ in
your correspondence.
SUPPLEMENTARY INFORMATION: The VA
National Cemetery Administration
provides burial services, including
gravesites, grave markers, and gravesite
maintenance for eligible Veterans,
spouses, and dependents. The National
Cemetery Administration currently
operates 155 National Cemeteries in 42
states and Puerto Rico and 34 soldiers’
lots and monument sites across the
United States. The PEA will evaluate
VA’s Proposed Action to undertake
future expansions and/or infrastructure
and building improvements at all VA
National Cemeteries with the sole intent
to maintain and improve the service to
Veterans and their family and loved
ones. The PEA aims to provide a
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DATES:
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streamlined NEPA compliance process
for future National Cemetery expansion
projects that would result in less than
significant environmental impacts.
This notice initiates the scoping
process for the PEA and invites the
public, government agencies, and other
interested persons and organizations to
provide comments on the scope of
issues for analysis, input on potential
alternatives, or information/analyses
relevant to the proposed action.
Use of the PEA would decrease the
time and cost associated with having to
prepare stand-alone NEPA
documentation for those future National
Cemetery projects that would meet the
conditions of the PEA while ensuring
that the environment is preserved. VA
would complete additional NEPA
compliance as required for projects
outside the parameters of the PEA.
The proposed action supports burial
requests for eligible individuals and
provides sufficient infrastructure to
support the needs of Veterans, spouses,
dependents, and staff at existing
National Cemeteries. The proposed
action is needed to provide burial
benefits and services to Veterans,
spouses, and dependents.
The PEA will evaluate the potential
direct and indirect impacts on the
human environment from the proposed
action and alternatives. VA will make
the draft PEA available for a public
comment period following its
completion.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved and signed
this document on December 11, 2023,
and authorized the undersigned to sign
and submit the document to the Office
of the Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Luvenia Potts,
Regulation Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
[FR Doc. 2023–27713 Filed 12–15–23; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Funding Opportunity: Legal Services
for Homeless Veterans and Veterans
At-Risk for Homelessness Grant
Program
Department of Veterans Affairs.
Notice of funding opportunity.
AGENCY:
ACTION:
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The Department of Veterans
Affairs (VA) is announcing the
availability of funds for legal services
grants under the Legal Services for
Homeless Veterans and Veterans AtRisk for Homelessness (LSV–H) Grant
Program. This Notice of Funding
Opportunity (NOFO) contains
information concerning the LSV–H
Grant Program, the grant application
processes, and the amount of funding
available. Awards made for legal
services grants will fund operations
beginning on August 1, 2024, for a
period of 14 months.
SUMMARY:
Applications for legal services
grants under the LSV–H Grant Program
must be received by the Legal Services
for Veterans (LSV) Program Office by
4:00 p.m. Eastern Standard Time (EST)
on February 23, 2024. In the interest of
fairness to all eligible applicants, as
described in this NOFO, this deadline is
firm as to date and hour, and VA will
treat any application that is received
after the deadline as ineligible for
consideration. Applicants should take
this practice into account and make
early submissions of their materials to
avoid any risk of loss of eligibility
brought about by unanticipated delays,
computer service outages, or other
submission-related problems.
DATES:
For a copy of the
application package: Copies of the
application can be downloaded from the
LSV website at www.va.gov/homeless/
lsv.asp. Questions may be referred to the
LSV Program Office via email at
LSVGrants@va.gov. For detailed LSV–H
Grant Program information and
requirements, see part 79 of title 38,
Code of Federal Regulations (38 CFR
part 79).
Application Submission: Applicants
must submit applications electronically
following instructions found at
www.va.gov/homeless/lsv.asp.
Applications may not be mailed, hand
carried, or sent by facsimile.
Applications must be received by the
LSV Grant Program Office by 4:00 p.m.
EST on the application deadline date.
Applications must arrive as a complete
package. Materials arriving separately
will not be included in the application
package for consideration and may
result in the application being rejected.
In the event of certain errors, such as
duplicate applications or multiple
applications per Employer Identification
Number, per VA Veterans Integrated
Service Network catchment area, VA
reserves the right to select which
application to consider based on the
submission dates and times or based on
other factors.
ADDRESSES:
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Technical Assistance: Information
regarding how to obtain technical
assistance with preparing a legal service
grant application is available on the LSV
Program website at www.va.gov/
homeless/lsv.asp.
FOR FURTHER INFORMATION CONTACT: Ms.
Madolyn Gingell, National Coordinator,
Legal Services for Veterans, by email at
LSVGrants@va.gov.
SUPPLEMENTARY INFORMATION:
Funding Opportunity Title: Legal
Services for Homeless Veterans and
Veterans At-Risk for Homelessness
Grant Program.
Announcement Type: Initial.
Funding Opportunity Number: VA–
VJP–LSV–H–1023.
Assistance Instrument: Grant.
Assistance Listing: 64.056, Legal
Services for Veterans Grant.
Table of Contents
Funding Opportunity Description 4
Purpose 4
Background 4
Definitions 5
Approach 5
Authority 5
Guidance for the Use of Funds 5
Award Information 7
Allocation of Funds 7
Funding Priorities 9
Funding Restrictions 9
Award Period 9
Eligibility Information 10
Eligible Applicants 10
Cost Sharing or Matching 10
Application and Scoring Information 11
Content and Form of Application 11
Review and Selection Process 19
Application Selection 19
Tie Score 21
Funding Actions 21
Award Administration Information 22
Award Notice 22
Administrative and National Policy 23
Payment 23
Reporting and Monitoring 24
Program Evaluation 25
Definitions
38 CFR part 79.5 contains definitions
of terms used in the LSV–H Grant
Program.
Approach
The goal of the LSV–H Grant Program
is to assist Veterans who are homeless
or at risk for homelessness who have
unaddressed needs for legal services,
which may create barriers to housing
stability. Services provided to Veterans
under this NOFO are designed to help
Veterans increase housing stability by
providing legal services, including
eviction defense, that will help Veterans
avoid homelessness or help them return
to permanent housing in the
community.
Authority
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Funding Opportunity Description
Purpose
Ending and preventing homelessness
among Veterans is a priority for VA.
VA’s Homeless Programs constitute the
Nation’s largest integrated network of
homeless treatment and assistance
services for Veterans. The LSV–H Grant
Program’s purpose is to award legal
services grants to eligible public or nonprofit private entities who will provide
legal services to eligible Veterans who
are homeless or at risk for homelessness.
Background
This NOFO will provide awards
designed to address the needs identified
in 38 CFR part 79.20, including legal
services related to housing; family law;
income support; criminal defense;
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protective orders and other matters
related to domestic or intimate partner
violence; access to health care; requests
to upgrade military discharge or
dismissal of a former member of the
Armed Forces under 10 U.S.C. 1553;
consumer law, such as financial
services, debt collection, garnishments,
usury, fraud, and financial exploitation;
employment law; and the top 10 unmet
legal needs as enumerated on VA’s
annual Community Homelessness
Assessment, Local Education and
Networking Groups (CHALENG) survey
for the grant award year. CHALENG
survey results can be found at https://
www.va.gov/homeless/chaleng.asp.
Funds provided through this NOFO
must not duplicate or replace funds
provided from any Federal, state, or
local government agency or program to
assist homeless Veterans.
Funding available under this NOFO is
authorized by 38 U.S.C. 2022A. VA
implements the LSV–H Grant Program
through regulations in 38 CFR part 79.
Funds made available under this NOFO
are subject to the requirements of these
regulations.
Guidance for the Use of Funds
As noted above, the LSV–H Grant
Program’s purpose is to provide legal
services grants to public or non-profit
private entities that will directly
provide legal services to eligible
Veterans who are homeless or at risk for
homelessness. The LSV–H Grant is not
a Case Management Grant nor a
Transitional Housing Grant. The
applicant’s request for funding must be
consistent with the limitation and uses
of legal services grant funds outlined in
38 CFR part 79 and this NOFO. Per the
regulations and this NOFO, the
following requirements apply to legal
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services grants awarded under this
NOFO:
Grantees may use a maximum of 10%
of legal services grant funds for
administrative costs as identified in 38
CFR part 79.90. Administrative costs
consist of all costs, including all direct
and indirect costs, associated with the
management of the program. These costs
may include professional training for
attorneys to provide legal services for
Veterans or other activities that are not
direct services. These costs also include
the administrative costs of
subcontractors.
Grantees must use at least 90% of
legal services grant funds to provide
legal services which are consistent with
38 CFR part 79.90. Grantees are
expected to provide legal services
relevant to issues that interfere with the
participant’s ability to obtain or retain
permanent housing. (NOTE: Specific
details of the legal services provided
may be protected from being released to
the grantee from a sub-grantee or VA
under attorney-client privilege;
however, the grantee must provide
sufficient information to demonstrate
the eligibility of the Veteran client as
well as the frequency and type of legal
services delivered.) Support for legal
services can include paying for court
filing fees to assist a participant with
issues that interfere with the
participant’s ability to obtain or retain
permanent housing or legal services,
including issues that affect the
participant’s employability and
financial security.
Grantees are expected to use at least
10% of grant funds to provide legal
services to women Veterans.
Award Information
Allocation of Funds
Under this NOFO, approximately
$26.8 million is available for grants to
provide legal services to homeless
Veterans or Veterans at risk for
homelessness. The LSV–H Grant
Program aims to provide grant funding
up to a maximum of $300,000 to eligible
applicants in a 14-month grant cycle.
The funding amount and number of
awards will be determined based on the
number of applications received by VA.
Funding will only be awarded to
applicants who demonstrate sufficient
capacity to provide legal services to
homeless Veterans or Veterans at risk
for homelessness.
Grants governed by this NOFO are
expected to begin August 1, 2024.
Future renewal funding is dependent on
such factors as need, geographical
dispersion, funding availability, the
recipient meeting performance goals
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and statutory and regulatory
requirements, as well as results of VA
performance measurement and
monitoring.
If VA determines that grantee
spending is not meeting the minimum
percentage milestones identified below,
VA may elect to recoup projected
unused funds and reallocate funds
among other grantees who are able to
fully use the funds to provide legal
services during the grant period. Should
VA elect to recoup unspent funds,
reductions in available grant funds
would take effect the first business day
following the end of the quarter. VA
may elect to recoup funds in the
following circumstances:
• The grantee’s requests to VA for
grant funds are less than 10% of the
total grant award by the end of the first
quarter of the grant cycle, no later than
October 31, 2024.
• The grantee’s requests to VA for
grant funds are less than 30% of the
total grant award by the end of the
second quarter of the grant cycle, no
later than January 31, 2025.
• The grantee’s requests to VA for
grant funds are less than 55% of the
total grant award by the end of the third
quarter of the grant cycle, no later than
April 30, 2025.
Reductions will be calculated based
on the total amount of payment requests
submitted in the U.S. Department of
Health and Human Services’ (HHS)
Payment Management System (PMS) by
5:00 p.m. EST on the last business day
of the quarter. Should VA elect to
recoup unspent funds, reductions in
available grant funds would take place
the first business day following the end
of the quarter. If additional funds
become available from funds recouped
under the Award Information section of
this NOFO, funds that are voluntarily
returned by grantees, funds that become
available due to a grant termination, or
other funds that are still available for
grant awards, VA may elect to offer
these funds to other grantees.
Additional funds may be provided to
grantees who are in compliance with
their grant agreement and have the
capacity to use the additional funds,
with priority given in descending order
based on grantees’ original application’s
ranking/score.
Funding Priorities
* Priority 1: VA will place in the first
funding priority those applications from
organizations that have demonstrated
the ability to directly provide three or
more allowable legal services covered
under the LSV–H Grant Program (38
CFR part 79.20) to eligible Veterans.
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* Priority 2: VA will place in the
second funding priority those
applications from organizations that are
equitably distributed across geographic
regions including (i) areas not being
served by existing LSV–H awards, (ii)
rural communities, (iii) tribal lands, and
(iv) areas with a high number or
percentage of Native Veterans.
* Priority 3: VA will place in the third
funding priority those applications from
organizations with a demonstrated focus
on providing legal services to women
Veterans.
Applications will be ranked in score
order within the funding priority.
Funding Restrictions
Applicants may not receive funding to
replace funds provided by any other
Federal, state, or local government
agency or program to assist homeless
Veterans. VA will not fund projects or
activities deemed outside the scope of
those enumerated in 38 CFR part 79.20
and this NOFO.
Award Period
Grants awarded will be for a 14month period starting August 1, 2024.
Eligibility Information
Eligible Applicants
For purposes of this NOFO, an
eligible applicant is a public or nonprofit private entity as defined in 38
CFR part 79.10. Applicants must have
the necessary technical and
administrative abilities and resources to
execute the program successfully.
Applicants must provide sufficient
eligibility information to allow VA to
evaluate their application for scoring
purposes. Only eligible entities can
apply in response to this NOFO.
Applicants with 501(c)(3) Internal
Revenue status must provide a copy of
their status determination letter
received from the Internal Revenue
Service. Award recipients must
maintain their status as a 501(c)(3) or
501(c)(19) non-profit, state or local
government, or recognized Indian tribal
government as defined by General
Services Administration regulations, 41
CFR part 105–71.102, for the entire
award cycle. Faith-based organizations
may apply for the LSV–H Grant
Program. Faith-based organizations are
eligible, on the same basis as any other
organization, to participate in the LSV–
H Grant Program as described in 38 CFR
part 79.80.
Applicants are required to register in
the System for Award Management
(SAM) located at https://sam.gov before
submitting a Federal award application.
Federal award recipients must continue
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to maintain an active SAM.gov
registration with current information
through the life of their Federal award.
As described in 38 CFR part 79.10,
this program prohibits issuing awards to
entities that do not meet criteria for an
eligible entity.
Cost Sharing or Matching
Cost-sharing or matching is not
required for this funding opportunity.
Application and Scoring Information
Content and Form of Application
Applicants must submit applications
electronically following instructions
found at www.va.gov/homeless/lsv.asp.
Applicants must include all required
documents in their application
submission. Submission of an incorrect,
incomplete, inconsistent, unclear, or
incorrectly formatted application
package may result in the application
being rejected.
The application is organized into the
following sections:
Section I: Administrative Information
A. Application Information
a. Organization’s Legal Name;
b. Other Names under Which
Organization Does Business;
c. Organization’s Address;
d. Contact Person Name and Title;
e. Telephone number for Contact
Person;
f. Email for Contact Person;
g. Unique Entity Identifier (UEI);
h. Employer Identification Number;
and
i. SAM expiration date.
Note: Applicants are required to be
registered in SAM before submitting an
application and must maintain an active
SAM registration with current information at
all times during which they have an active
Federal award or an application under
consideration by a Federal awarding agency.
B. Legal Services Proposed
a. Amount of Legal Services Grant
Funds Requested;
b. Types of Legal Services that will be
provided; and
c. Projected Number of Eligible
Veterans to be Served.
C. Geographic Region Served
a. State(s) to be served;
b. Counties to be served;
c. Veterans Integrated Service
Network(s) to be served; and
d. Specific types of geographic regions
to be served.
Section II: Background, Qualifications,
Experience and Past Performance of
Applicant, and any Identified
Subcontractor (30 Maximum Points)
VA will award points based on the
background, qualifications, experience
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and past performance of the applicant,
and any subcontractors identified by the
applicant in the legal services grant
application, as demonstrated by the
following:
(1) Background and Organizational
History.
(i) Applicant’s and any identified
subcontractors’ background and
organizational history are relevant to
providing legal services.
(ii) Applicant and any identified
subcontractors maintain organizational
structures with clear lines of reporting
and defined responsibilities.
(iii) Applicant and any identified
subcontractors have a history of
complying with agreements and not
defaulting on financial obligations.
(2) Staff qualifications.
(i) Applicant’s staff, and any
identified subcontractors’ staff, have
experience working with Veterans or
individuals who are homeless, at risk
for homelessness or who have very low
income, as defined under 38 CFR part
79.
(ii) Applicant’s staff, and any
identified subcontractors’ staff, have
experience administering programs
similar to the Grant Program under 38
CFR part 79.
(3) Organizational qualifications and
past performance.
(i) Applicant, and any identified
subcontractors, have organizational
experience providing legal services to
Veterans or individuals who are
homeless, at risk for homelessness, or
who have very low income as defined
under 38 CFR part 79.
(ii) Applicant and any identified
subcontractors have or plan to hire staff,
who are qualified to administer legal
services, and as applicable, are in good
standing as a member of the applicable
State bar.
(4) Experience working with Veterans,
including Women Veterans.
(i) Applicant’s staff, and any
identified subcontractors’ staff, have
experience working with Veterans,
including women Veterans.
(ii) Applicant and any identified
subcontractors have organizational
experience providing legal services to
Veterans, including women Veterans.
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Section III: Program Concept and Legal
Services Plan (Maximum 30 Points)
VA will award points based on the
applicant’s program concept and legal
services plan, as demonstrated by the
following:
(1) Need for program.
(i) Applicant has shown a need among
eligible Veterans in the area or
community where the program will be
based.
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(ii) Applicant understands the legal
services needs unique to eligible
Veterans in the area or community
where the program will be based.
(2) Outreach and screening plan.
(i) Applicant has a feasible outreach
and referral plan to identify and assist
eligible Veterans in need of legal
services. This plan should include a
description of how the applicant will
ensure that services are provided to
eligible Veterans, including women
Veterans, and how the applicant will
use at least 10% of the grant funds to
serve eligible women Veterans.
(ii) Applicant has a plan to process
and receive referrals from eligible
Veterans.
(iii) Applicant has a plan to assess
and accommodate the needs of
incoming eligible Veterans.
(3) Program concept and design.
(i) Applicant’s program concept, size,
scope, and staffing plan are feasible.
(ii) Applicant’s program is designed to
meet the legal needs of eligible Veterans
in the area or community where the
program will be based.
(iii) Applicant’s program design
detailing the specific types of legal
services provided.
(4) Program implementation timeline.
(i) Applicant’s program will be
implemented in a timely manner, and
legal services will be delivered to
eligible Veterans as quickly as possible
and within a specified timeline.
(ii) Applicant has a hiring plan in
place to meet the applicant’s program
timeline or has existing staff to meet
such timeline.
(5) Collaboration and communication
with VA. Applicant has a plan to
coordinate outreach and services with
local VA facilities.
(6) Ability to meet VA’s requirements,
goals, and objectives for the grant
program. Applicant is committed to
ensuring that its program meets VA’s
requirements, goals, and objectives for
the grant program as identified in 38
CFR part 79 and the Purpose Section of
the NOFO (https://www.federal
register.gov/documents/2022/06/01/
2022-10930/legal-services-for-homelessveterans-and-veterans-at-risk-forhomelessness-grant-program#sectnoreference-79.40).
(7) Capacity to undertake program.
Applicant has sufficient capacity,
including staff resources, to undertake
the program.
Section IV: Quality Assurance and
Evaluation Plan (Maximum 15 Points)
VA will award points based on the
applicant’s quality assurance and
evaluation plan, as demonstrated by the
following:
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(1) Program evaluation.
(i) Applicant has created clear,
realistic, and measurable metrics that
align with the grant program’s aim of
addressing the legal needs of eligible
Veterans for which the applicant’s
program performance can be continually
evaluated.
(2) Monitoring.
(i) Applicant has adequate controls in
place to regularly monitor the program,
including any subcontractors, for
compliance with all applicable laws,
regulations, and guidelines.
(ii) Applicant has adequate financial
and operational controls in place to
ensure the proper use of legal services
grant funds.
(iii) Applicant has a plan for ensuring
that the applicant’s staff and any
subcontractors are appropriately trained
and comply with the requirements of 38
CFR part 79.
(3) Remediation. Applicant has a plan
or establishes a system to remediate
non-compliant aspects of the program if
and when they are identified.
(4) Management and reporting.
Applicant’s program management team
has the capability and a system in place
to provide to VA timely and accurate
reports, no less than quarterly.
Section V: Financial Capability and Plan
(Maximum 15 Points)
VA will award points based on the
applicant’s financial capability and
plan, as demonstrated by the following:
(1) Organizational finances.
Applicant and any identified
subcontractors are financially stable.
(2) Financial feasibility of program.
(i) Applicant has a realistic plan for
obtaining all funding required to operate
the program for the period of the legal
services grant.
(ii) Applicant’s program is costeffective and can be effectively
implemented on budget.
Section VI: Area Linkages and Relations
(Maximum 10 Points)
VA will award points based on the
applicant’s area or community linkages
and relations, as demonstrated by the
following:
(1) Area or community linkages.
Applicant has a plan for developing or
has existing linkages with Federal
(including VA), state, local, and tribal
governments, agencies, and private
entities for the purposes of providing
additional legal services to eligible
Veterans.
(2) Past working relationships.
Applicant (or applicant’s staff) and any
identified subcontractors (or
subcontractors’ staff) have fostered
successful working relationships and
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linkages with public and private
organizations providing legal and nonlegal supportive services to Veterans in
need of services similar to those covered
under the Grant Program.
(3) Local presence and knowledge.
(i) Applicant has a presence in the
area or community to be served by the
applicant.
(ii) Applicant understands the
dynamics of the area or community to
be served by the applicant.
(4) Integration of linkages and
program concept. Applicant’s linkages
to the area or community to be served
by the applicant enhance the
effectiveness of the applicant’s program.
Section VII: Applicant Certifications
and Assurances
Applicants must sign and submit the
grant application agreeing to the
following:
(1) Project Budget Template.
Applicants must attach an itemized
detailed budget using the approved SF
424A form and corresponding to the
narrative provided in the financial
capability and plan. The categories and
costs included in the detailed budget
must indicate the plan and demonstrate
compliance with cost principles. See the
Attachments section at the end of the
application. Successful applicants must
follow all applicable budget
requirements, including the Federal cost
principles in subpart E of 2 CFR part
200, LSV regulations at 38 CFR part 79,
and budget requirements of this NOFO.
(2) Additional Eligibility
Documentation. Applicants will provide
other required or optional materials as
attachments, including the following:
(i) Budget Template (required);
(ii) Letters of coordination (optional);
and
(iii) Resumes or position descriptions
of key staff (required).
Section VIII: Criteria for Threshold
Review
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Submission of an incorrect,
incomplete, inconsistent, unclear, or
incorrectly formatted application
package may result in the application
being rejected and not considered for
award. Only applications that meet
threshold requirements in 38 CFR part
79.30 will be scored consistent with
criteria in 38 CFR part 79.35.
Review and Selection Process
Applications will be ranked in score
order by funding priority as described in
this NOFO Award Information, Funding
Priorities, and 38 CFR part 79.40. VA
will rank those applicants who score at
least 60 cumulative points and receive
at least one point under each of the
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following categories: (a) Background,
Qualifications, Experience, and Past
Performance of Applicant and Any
Identified Subcontractor; (b) Program
Concept and Legal Services Plan; (c)
Quality Assurance and Evaluation Plan;
(d) Financial Capability and Plan; and
(e) Area Linkages and Relations The
applicants will be ranked in order from
highest to lowest.
Application Selection
VA will only score applications that
meet the following threshold
requirements in 38 CFR part 79.30: the
application is filed within the time
period established in the NOFO, and
any additional information or
documentation requested by VA under
38 CFR part 79.25(c) is provided within
the timeframe established by VA; the
application is completed in all parts; the
activities for which the legal services
grant is requested are eligible for
funding under 38 CFR part 79; the
applicant’s proposed participants are
eligible to receive legal services under
38 CFR part 79; the applicant agrees to
comply with the requirements of 38 CFR
part 79; the applicant does not have an
outstanding obligation to the Federal
Government that is in arrears and does
not have an overdue or unsatisfactory
response to an audit; and the applicant
is not in default by failing to meet the
requirements for any previous Federal
assistance.
Applications that meet threshold will
be scored. Applications will be assigned
to the highest priority group for which
they are eligible. Applications will be
ranked in score order by funding
priority as described in this NOFO
Award Information, Funding Priorities,
and 38 CFR part 79.40. Applications in
priority 1 that receive the minimum
score to be eligible for selection will be
considered in score order before
applications in priority 2 are
considered, etc.
VA will use an application’s rank as
the primary basis for selection for
funding; however, VA will also use the
considerations listed in 38 CFR part
79.40(d) to select applicants for funding.
For example, pursuant to 38 CFR part
79.40(d)(1), reviewers will give
preference to applications that
demonstrate an ability to directly
provide legal services to eligible
individuals.
Review and selection process may be
found at 38 CFR part 79.40. In case of
a discrepancy between information
provided by the applicant and other
information available to VA, VA
reserves the right to make funding
decisions based on all available
information or to not select an
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application. Additional selections may
be considered, at VA’s discretion, until
available funding is exhausted.
Depending on factors such as the
quantity and quality of applications
received and the availability of funding,
VA reserves the right to make additional
rounds of conditional selections from
this NOFO to the eligible pool of
applicants, or to take other actions as
appropriate. VA reserves the right to
negotiate with applicants, as needed, to
accomplish the overall goals and
objective.
Consistent with 2 CFR part
200.206(b), VA evaluates risk posed by
applicants at any time pre-award or
post-award. Special conditions,
adjustments, or remedies corresponding
to the degree of risk may be applied to
an award (2 CFR parts 200.206, 200.208,
200.339). Risk evaluations may include
but are not limited to an evaluation of
the applicant’s eligibility, the quality of
its application, the needs of the
community, the organization’s financial
stability, management systems and
standards, the history of performance,
the status of Single Audit reports, an
ability to effectively implement
requirements, the status of any VA or
other Federal debt, and the findings of
any VA fiscal reviews.
Tie Score
In the event of a tie score between
applications, VA will determine at its
discretion how to handle selection
decisions (for example, selecting
multiple applications for award or
awarding for less than requested). VA
will consider the intent of this NOFO to
fund legal services to assist vulnerable
Veterans in retaining their permanent
housing. VA’s discretionary funding
decisions are final.
Funding Actions
VA will provide funding to all eligible
applicants in the Priority Group score
order described in this NOFO until
funding is exhausted. Funding is not
guaranteed. Before awarding a grant
agreement, VA reserves the right to
make adjustments (e.g., to funding
levels) as needed within the intent of
this NOFO based on a variety of factors,
including the quantity and quality of
applications, geographic dispersion, as
well as the availability of funding.
VA will consider any information that
comes to its attention, including
information in the designated integrity
and performance system, in making a
judgment about the applicant’s integrity,
business ethics, and performance under
Federal awards. VA may not make a
Federal award to an applicant if the
applicant has not complied with all
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Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Notices
applicable UEI and SAM.gov
requirements. Applicants may refer to 2
CFR part 25 and SAM.gov for more
information.
If an applicant has not fully complied
by the time the Federal awarding agency
is ready to make a Federal award, the
Federal awarding agency may determine
that the applicant is not qualified to
receive a Federal award and use that
determination as a basis for making a
Federal award to another applicant. VA
may elect to award additional
applications based on the availability of
funds and quality of applications. Upon
signature of the grant agreement by the
Secretary, or designated representative,
final selection will be completed, and
the grant funds will be obligated for the
funding period.
Award Administration Information
Award Notices
Although subject to change, the LSV
Grant Program expects to announce
grant awards on or around July 1, 2024.
VA reserves the right to make
adjustments (e.g., to funding levels), as
needed, within the intent of the NOFO
based on a variety of factors, including
the availability of funding. The initial
announcement will be made through a
news release posted on the VA’s LSV
website at www.va.gov./homeless/
lsv.asp.
The LSV Grant Program will notify
successful and unsuccessful applicants.
Only a grant agreement with a VA
signature is evidence of an award and is
an authorizing document allowing costs
to be incurred against a grant award.
Other notices, letters, or announcements
are not authorizing documents. The
grant agreement includes the terms and
conditions of the award and must be
signed by the entity and VA to be legally
binding.
khammond on DSKJM1Z7X2PROD with NOTICES
Administrative and National Policy
Requirements
VA places great emphasis on
responsibility and accountability. VA
has procedures in place to monitor
grants provided under the LSV Grant
Program. All applicants selected in
response to this NOFO must agree to
meet applicable inspection standards
outlined in the grant agreement.
Grantees are responsible for
complying with all requirements of the
Federal award. Federal awards must
also comply with the provisions of the
Federal Funding Accountability and
Transparency Act, which includes
requirements on executive
compensation, and other requirements
found at 2 CFR parts 25 and 170.
Grantees and their employees also are
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17:41 Dec 15, 2023
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subject to the whistleblower rights and
remedies established in 41 U.S.C. 4712.
Payment of Grant Funds
Grantees will receive payments
electronically through the HHS PMS.
Grantees will have the ability to request
payments as frequently as they choose
subject to the following limitations:
1. During the first quarter of the
grantee’s legal services annualized grant
award period, the grantee’s cumulative
requests for legal services grant funds
may not exceed 35% of the total legal
services grant award without written
approval by VA.
2. By the end of the second quarter of
the grantee’s legal services annualized
grant award period, the grantee’s
cumulative requests for legal services
grant funds may not exceed 60% of the
total legal services grant award without
written approval by VA.
3. By the end of the third quarter of
the grantee’s legal services annualized
grant award period, the grantee’s
cumulative requests for legal services
grant funds may not exceed 80% of the
total legal services grant award without
written approval by VA.
4. By the end of the fourth quarter of
the grantee’s annualized legal services
grant award period, the grantee’s
cumulative requests for legal services
grant funds may not exceed 100% of the
total legal services grant award.
Reporting and Monitoring
VA places great emphasis on the
responsibility and accountability of
grantees. As described in 38 CFR part
79.95, VA has procedures to monitor
legal services provided to participants
and outcomes associated with the legal
services provided under the LSV Grant
Program. Applicants should be aware of
the following:
1. Grantees will be required to track
data that will consist of information on
the participants served and the types of
legal services provided by grantees and
subsequent outcomes. Information
regarding legal services provided may
be protected from being released to VA
under attorney-client privilege;
however, the grantee must provide
sufficient information to demonstrate
the frequency and type of services
delivered to meet performance
measurement outcomes, as defined in 2
CFR part 200.301.
2. VA will complete annual
monitoring evaluations of each grantee.
Monitoring also will include the
submission of quarterly and yearly
financial and performance reports by
the grantee in accordance with 2 CFR
part 200. The grantee will be expected
to demonstrate adherence to the
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Sfmt 9990
87499
grantee’s proposed program concept, as
described in the grantee’s application.
All grantees are also subject to audits
conducted by VA or its representative.
3. Grantees will be assessed based on
their ability to meet critical reporting
requirements that are defined by the
regulations.
Program Evaluation
The purpose of program evaluation is
to evaluate the program’s success.
1. Grantees will participate in VA’s
national project monitoring and
evaluation to determine successful
outcomes. Each grantee’s performance
will be measured against established
performance targets.
2. Grantees who do not meet the
performance measures or who otherwise
perform or appear to perform less than
satisfactorily may be subject to
additional conditions of award.
Additional conditions may include, but
are not limited to, increased reporting or
monitoring, reductions, withholding,
suspension, termination, or other
remedies for non-compliance at VA’s
discretion.
3. VA reserves the right to add,
remove, or change at any time prior to
or during the award period the
performance measures, targets, services,
caseload requirements, grant payment
amounts, payment schedule, or other
grant requirements.
4. VA’s overall performance for all
grants funded from this NOFO will be
measured against the same criteria and
targets used for each grant.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved and signed
this document on December 12, 2023,
and authorized the undersigned to sign
and submit the document to the Office
of the Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of General Counsel,
Department of Veterans Affairs.
[FR Doc. 2023–27691 Filed 12–15–23; 8:45 am]
BILLING CODE 8320–01–P
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Agencies
[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Notices]
[Pages 87494-87499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27691]
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DEPARTMENT OF VETERANS AFFAIRS
Funding Opportunity: Legal Services for Homeless Veterans and
Veterans At-Risk for Homelessness Grant Program
AGENCY: Department of Veterans Affairs.
ACTION: Notice of funding opportunity.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is announcing the
availability of funds for legal services grants under the Legal
Services for Homeless Veterans and Veterans At-Risk for Homelessness
(LSV-H) Grant Program. This Notice of Funding Opportunity (NOFO)
contains information concerning the LSV-H Grant Program, the grant
application processes, and the amount of funding available. Awards made
for legal services grants will fund operations beginning on August 1,
2024, for a period of 14 months.
DATES: Applications for legal services grants under the LSV-H Grant
Program must be received by the Legal Services for Veterans (LSV)
Program Office by 4:00 p.m. Eastern Standard Time (EST) on February 23,
2024. In the interest of fairness to all eligible applicants, as
described in this NOFO, this deadline is firm as to date and hour, and
VA will treat any application that is received after the deadline as
ineligible for consideration. Applicants should take this practice into
account and make early submissions of their materials to avoid any risk
of loss of eligibility brought about by unanticipated delays, computer
service outages, or other submission-related problems.
ADDRESSES: For a copy of the application package: Copies of the
application can be downloaded from the LSV website at www.va.gov/homeless/lsv.asp. Questions may be referred to the LSV Program Office
via email at [email protected]. For detailed LSV-H Grant Program
information and requirements, see part 79 of title 38, Code of Federal
Regulations (38 CFR part 79).
Application Submission: Applicants must submit applications
electronically following instructions found at www.va.gov/homeless/lsv.asp. Applications may not be mailed, hand carried, or sent by
facsimile. Applications must be received by the LSV Grant Program
Office by 4:00 p.m. EST on the application deadline date. Applications
must arrive as a complete package. Materials arriving separately will
not be included in the application package for consideration and may
result in the application being rejected.
In the event of certain errors, such as duplicate applications or
multiple applications per Employer Identification Number, per VA
Veterans Integrated Service Network catchment area, VA reserves the
right to select which application to consider based on the submission
dates and times or based on other factors.
[[Page 87495]]
Technical Assistance: Information regarding how to obtain technical
assistance with preparing a legal service grant application is
available on the LSV Program website at www.va.gov/homeless/lsv.asp.
FOR FURTHER INFORMATION CONTACT: Ms. Madolyn Gingell, National
Coordinator, Legal Services for Veterans, by email at [email protected].
SUPPLEMENTARY INFORMATION:
Funding Opportunity Title: Legal Services for Homeless Veterans and
Veterans At-Risk for Homelessness Grant Program.
Announcement Type: Initial.
Funding Opportunity Number: VA-VJP-LSV-H-1023.
Assistance Instrument: Grant.
Assistance Listing: 64.056, Legal Services for Veterans Grant.
Table of Contents
Funding Opportunity Description 4
Purpose 4
Background 4
Definitions 5
Approach 5
Authority 5
Guidance for the Use of Funds 5
Award Information 7
Allocation of Funds 7
Funding Priorities 9
Funding Restrictions 9
Award Period 9
Eligibility Information 10
Eligible Applicants 10
Cost Sharing or Matching 10
Application and Scoring Information 11
Content and Form of Application 11
Review and Selection Process 19
Application Selection 19
Tie Score 21
Funding Actions 21
Award Administration Information 22
Award Notice 22
Administrative and National Policy 23
Payment 23
Reporting and Monitoring 24
Program Evaluation 25
Funding Opportunity Description
Purpose
Ending and preventing homelessness among Veterans is a priority for
VA. VA's Homeless Programs constitute the Nation's largest integrated
network of homeless treatment and assistance services for Veterans. The
LSV-H Grant Program's purpose is to award legal services grants to
eligible public or non-profit private entities who will provide legal
services to eligible Veterans who are homeless or at risk for
homelessness.
Background
This NOFO will provide awards designed to address the needs
identified in 38 CFR part 79.20, including legal services related to
housing; family law; income support; criminal defense; protective
orders and other matters related to domestic or intimate partner
violence; access to health care; requests to upgrade military discharge
or dismissal of a former member of the Armed Forces under 10 U.S.C.
1553; consumer law, such as financial services, debt collection,
garnishments, usury, fraud, and financial exploitation; employment law;
and the top 10 unmet legal needs as enumerated on VA's annual Community
Homelessness Assessment, Local Education and Networking Groups
(CHALENG) survey for the grant award year. CHALENG survey results can
be found at https://www.va.gov/homeless/chaleng.asp. Funds provided
through this NOFO must not duplicate or replace funds provided from any
Federal, state, or local government agency or program to assist
homeless Veterans.
Definitions
38 CFR part 79.5 contains definitions of terms used in the LSV-H
Grant Program.
Approach
The goal of the LSV-H Grant Program is to assist Veterans who are
homeless or at risk for homelessness who have unaddressed needs for
legal services, which may create barriers to housing stability.
Services provided to Veterans under this NOFO are designed to help
Veterans increase housing stability by providing legal services,
including eviction defense, that will help Veterans avoid homelessness
or help them return to permanent housing in the community.
Authority
Funding available under this NOFO is authorized by 38 U.S.C. 2022A.
VA implements the LSV-H Grant Program through regulations in 38 CFR
part 79. Funds made available under this NOFO are subject to the
requirements of these regulations.
Guidance for the Use of Funds
As noted above, the LSV-H Grant Program's purpose is to provide
legal services grants to public or non-profit private entities that
will directly provide legal services to eligible Veterans who are
homeless or at risk for homelessness. The LSV-H Grant is not a Case
Management Grant nor a Transitional Housing Grant. The applicant's
request for funding must be consistent with the limitation and uses of
legal services grant funds outlined in 38 CFR part 79 and this NOFO.
Per the regulations and this NOFO, the following requirements apply to
legal services grants awarded under this NOFO:
Grantees may use a maximum of 10% of legal services grant funds for
administrative costs as identified in 38 CFR part 79.90. Administrative
costs consist of all costs, including all direct and indirect costs,
associated with the management of the program. These costs may include
professional training for attorneys to provide legal services for
Veterans or other activities that are not direct services. These costs
also include the administrative costs of subcontractors.
Grantees must use at least 90% of legal services grant funds to
provide legal services which are consistent with 38 CFR part 79.90.
Grantees are expected to provide legal services relevant to issues that
interfere with the participant's ability to obtain or retain permanent
housing. (NOTE: Specific details of the legal services provided may be
protected from being released to the grantee from a sub-grantee or VA
under attorney-client privilege; however, the grantee must provide
sufficient information to demonstrate the eligibility of the Veteran
client as well as the frequency and type of legal services delivered.)
Support for legal services can include paying for court filing fees to
assist a participant with issues that interfere with the participant's
ability to obtain or retain permanent housing or legal services,
including issues that affect the participant's employability and
financial security.
Grantees are expected to use at least 10% of grant funds to provide
legal services to women Veterans.
Award Information
Allocation of Funds
Under this NOFO, approximately $26.8 million is available for
grants to provide legal services to homeless Veterans or Veterans at
risk for homelessness. The LSV-H Grant Program aims to provide grant
funding up to a maximum of $300,000 to eligible applicants in a 14-
month grant cycle. The funding amount and number of awards will be
determined based on the number of applications received by VA. Funding
will only be awarded to applicants who demonstrate sufficient capacity
to provide legal services to homeless Veterans or Veterans at risk for
homelessness.
Grants governed by this NOFO are expected to begin August 1, 2024.
Future renewal funding is dependent on such factors as need,
geographical dispersion, funding availability, the recipient meeting
performance goals
[[Page 87496]]
and statutory and regulatory requirements, as well as results of VA
performance measurement and monitoring.
If VA determines that grantee spending is not meeting the minimum
percentage milestones identified below, VA may elect to recoup
projected unused funds and reallocate funds among other grantees who
are able to fully use the funds to provide legal services during the
grant period. Should VA elect to recoup unspent funds, reductions in
available grant funds would take effect the first business day
following the end of the quarter. VA may elect to recoup funds in the
following circumstances:
The grantee's requests to VA for grant funds are less than
10% of the total grant award by the end of the first quarter of the
grant cycle, no later than October 31, 2024.
The grantee's requests to VA for grant funds are less than
30% of the total grant award by the end of the second quarter of the
grant cycle, no later than January 31, 2025.
The grantee's requests to VA for grant funds are less than
55% of the total grant award by the end of the third quarter of the
grant cycle, no later than April 30, 2025.
Reductions will be calculated based on the total amount of payment
requests submitted in the U.S. Department of Health and Human Services'
(HHS) Payment Management System (PMS) by 5:00 p.m. EST on the last
business day of the quarter. Should VA elect to recoup unspent funds,
reductions in available grant funds would take place the first business
day following the end of the quarter. If additional funds become
available from funds recouped under the Award Information section of
this NOFO, funds that are voluntarily returned by grantees, funds that
become available due to a grant termination, or other funds that are
still available for grant awards, VA may elect to offer these funds to
other grantees. Additional funds may be provided to grantees who are in
compliance with their grant agreement and have the capacity to use the
additional funds, with priority given in descending order based on
grantees' original application's ranking/score.
Funding Priorities
* Priority 1: VA will place in the first funding priority those
applications from organizations that have demonstrated the ability to
directly provide three or more allowable legal services covered under
the LSV-H Grant Program (38 CFR part 79.20) to eligible Veterans.
* Priority 2: VA will place in the second funding priority those
applications from organizations that are equitably distributed across
geographic regions including (i) areas not being served by existing
LSV-H awards, (ii) rural communities, (iii) tribal lands, and (iv)
areas with a high number or percentage of Native Veterans.
* Priority 3: VA will place in the third funding priority those
applications from organizations with a demonstrated focus on providing
legal services to women Veterans.
Applications will be ranked in score order within the funding
priority.
Funding Restrictions
Applicants may not receive funding to replace funds provided by any
other Federal, state, or local government agency or program to assist
homeless Veterans. VA will not fund projects or activities deemed
outside the scope of those enumerated in 38 CFR part 79.20 and this
NOFO.
Award Period
Grants awarded will be for a 14-month period starting August 1,
2024.
Eligibility Information
Eligible Applicants
For purposes of this NOFO, an eligible applicant is a public or
non-profit private entity as defined in 38 CFR part 79.10. Applicants
must have the necessary technical and administrative abilities and
resources to execute the program successfully. Applicants must provide
sufficient eligibility information to allow VA to evaluate their
application for scoring purposes. Only eligible entities can apply in
response to this NOFO.
Applicants with 501(c)(3) Internal Revenue status must provide a
copy of their status determination letter received from the Internal
Revenue Service. Award recipients must maintain their status as a
501(c)(3) or 501(c)(19) non-profit, state or local government, or
recognized Indian tribal government as defined by General Services
Administration regulations, 41 CFR part 105-71.102, for the entire
award cycle. Faith-based organizations may apply for the LSV-H Grant
Program. Faith-based organizations are eligible, on the same basis as
any other organization, to participate in the LSV-H Grant Program as
described in 38 CFR part 79.80.
Applicants are required to register in the System for Award
Management (SAM) located at https://sam.gov before submitting a Federal
award application. Federal award recipients must continue to maintain
an active SAM.gov registration with current information through the
life of their Federal award.
As described in 38 CFR part 79.10, this program prohibits issuing
awards to entities that do not meet criteria for an eligible entity.
Cost Sharing or Matching
Cost-sharing or matching is not required for this funding
opportunity.
Application and Scoring Information
Content and Form of Application
Applicants must submit applications electronically following
instructions found at www.va.gov/homeless/lsv.asp. Applicants must
include all required documents in their application submission.
Submission of an incorrect, incomplete, inconsistent, unclear, or
incorrectly formatted application package may result in the application
being rejected.
The application is organized into the following sections:
Section I: Administrative Information
A. Application Information
a. Organization's Legal Name;
b. Other Names under Which Organization Does Business;
c. Organization's Address;
d. Contact Person Name and Title;
e. Telephone number for Contact Person;
f. Email for Contact Person;
g. Unique Entity Identifier (UEI);
h. Employer Identification Number; and
i. SAM expiration date.
Note: Applicants are required to be registered in SAM before
submitting an application and must maintain an active SAM
registration with current information at all times during which they
have an active Federal award or an application under consideration
by a Federal awarding agency.
B. Legal Services Proposed
a. Amount of Legal Services Grant Funds Requested;
b. Types of Legal Services that will be provided; and
c. Projected Number of Eligible Veterans to be Served.
C. Geographic Region Served
a. State(s) to be served;
b. Counties to be served;
c. Veterans Integrated Service Network(s) to be served; and
d. Specific types of geographic regions to be served.
Section II: Background, Qualifications, Experience and Past Performance
of Applicant, and any Identified Subcontractor (30 Maximum Points)
VA will award points based on the background, qualifications,
experience
[[Page 87497]]
and past performance of the applicant, and any subcontractors
identified by the applicant in the legal services grant application, as
demonstrated by the following:
(1) Background and Organizational History.
(i) Applicant's and any identified subcontractors' background and
organizational history are relevant to providing legal services.
(ii) Applicant and any identified subcontractors maintain
organizational structures with clear lines of reporting and defined
responsibilities.
(iii) Applicant and any identified subcontractors have a history of
complying with agreements and not defaulting on financial obligations.
(2) Staff qualifications.
(i) Applicant's staff, and any identified subcontractors' staff,
have experience working with Veterans or individuals who are homeless,
at risk for homelessness or who have very low income, as defined under
38 CFR part 79.
(ii) Applicant's staff, and any identified subcontractors' staff,
have experience administering programs similar to the Grant Program
under 38 CFR part 79.
(3) Organizational qualifications and past performance.
(i) Applicant, and any identified subcontractors, have
organizational experience providing legal services to Veterans or
individuals who are homeless, at risk for homelessness, or who have
very low income as defined under 38 CFR part 79.
(ii) Applicant and any identified subcontractors have or plan to
hire staff, who are qualified to administer legal services, and as
applicable, are in good standing as a member of the applicable State
bar.
(4) Experience working with Veterans, including Women Veterans.
(i) Applicant's staff, and any identified subcontractors' staff,
have experience working with Veterans, including women Veterans.
(ii) Applicant and any identified subcontractors have
organizational experience providing legal services to Veterans,
including women Veterans.
Section III: Program Concept and Legal Services Plan (Maximum 30
Points)
VA will award points based on the applicant's program concept and
legal services plan, as demonstrated by the following:
(1) Need for program.
(i) Applicant has shown a need among eligible Veterans in the area
or community where the program will be based.
(ii) Applicant understands the legal services needs unique to
eligible Veterans in the area or community where the program will be
based.
(2) Outreach and screening plan.
(i) Applicant has a feasible outreach and referral plan to identify
and assist eligible Veterans in need of legal services. This plan
should include a description of how the applicant will ensure that
services are provided to eligible Veterans, including women Veterans,
and how the applicant will use at least 10% of the grant funds to serve
eligible women Veterans.
(ii) Applicant has a plan to process and receive referrals from
eligible Veterans.
(iii) Applicant has a plan to assess and accommodate the needs of
incoming eligible Veterans.
(3) Program concept and design.
(i) Applicant's program concept, size, scope, and staffing plan are
feasible.
(ii) Applicant's program is designed to meet the legal needs of
eligible Veterans in the area or community where the program will be
based.
(iii) Applicant's program design detailing the specific types of
legal services provided.
(4) Program implementation timeline.
(i) Applicant's program will be implemented in a timely manner, and
legal services will be delivered to eligible Veterans as quickly as
possible and within a specified timeline.
(ii) Applicant has a hiring plan in place to meet the applicant's
program timeline or has existing staff to meet such timeline.
(5) Collaboration and communication with VA. Applicant has a plan
to coordinate outreach and services with local VA facilities.
(6) Ability to meet VA's requirements, goals, and objectives for
the grant program. Applicant is committed to ensuring that its program
meets VA's requirements, goals, and objectives for the grant program as
identified in 38 CFR part 79 and the Purpose Section of the NOFO
(https://www.federalregister.gov/documents/2022/06/01/2022-10930/legal-services-for-homeless-veterans-and-veterans-at-risk-for-homelessness-grant-program#sectno-reference-79.40).
(7) Capacity to undertake program. Applicant has sufficient
capacity, including staff resources, to undertake the program.
Section IV: Quality Assurance and Evaluation Plan (Maximum 15 Points)
VA will award points based on the applicant's quality assurance and
evaluation plan, as demonstrated by the following:
(1) Program evaluation.
(i) Applicant has created clear, realistic, and measurable metrics
that align with the grant program's aim of addressing the legal needs
of eligible Veterans for which the applicant's program performance can
be continually evaluated.
(2) Monitoring.
(i) Applicant has adequate controls in place to regularly monitor
the program, including any subcontractors, for compliance with all
applicable laws, regulations, and guidelines.
(ii) Applicant has adequate financial and operational controls in
place to ensure the proper use of legal services grant funds.
(iii) Applicant has a plan for ensuring that the applicant's staff
and any subcontractors are appropriately trained and comply with the
requirements of 38 CFR part 79.
(3) Remediation. Applicant has a plan or establishes a system to
remediate non-compliant aspects of the program if and when they are
identified.
(4) Management and reporting. Applicant's program management team
has the capability and a system in place to provide to VA timely and
accurate reports, no less than quarterly.
Section V: Financial Capability and Plan (Maximum 15 Points)
VA will award points based on the applicant's financial capability
and plan, as demonstrated by the following:
(1) Organizational finances. Applicant and any identified
subcontractors are financially stable.
(2) Financial feasibility of program.
(i) Applicant has a realistic plan for obtaining all funding
required to operate the program for the period of the legal services
grant.
(ii) Applicant's program is cost-effective and can be effectively
implemented on budget.
Section VI: Area Linkages and Relations (Maximum 10 Points)
VA will award points based on the applicant's area or community
linkages and relations, as demonstrated by the following:
(1) Area or community linkages. Applicant has a plan for developing
or has existing linkages with Federal (including VA), state, local, and
tribal governments, agencies, and private entities for the purposes of
providing additional legal services to eligible Veterans.
(2) Past working relationships. Applicant (or applicant's staff)
and any identified subcontractors (or subcontractors' staff) have
fostered successful working relationships and
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linkages with public and private organizations providing legal and non-
legal supportive services to Veterans in need of services similar to
those covered under the Grant Program.
(3) Local presence and knowledge.
(i) Applicant has a presence in the area or community to be served
by the applicant.
(ii) Applicant understands the dynamics of the area or community to
be served by the applicant.
(4) Integration of linkages and program concept. Applicant's
linkages to the area or community to be served by the applicant enhance
the effectiveness of the applicant's program.
Section VII: Applicant Certifications and Assurances
Applicants must sign and submit the grant application agreeing to
the following:
(1) Project Budget Template. Applicants must attach an itemized
detailed budget using the approved SF 424A form and corresponding to
the narrative provided in the financial capability and plan. The
categories and costs included in the detailed budget must indicate the
plan and demonstrate compliance with cost principles. See the
Attachments section at the end of the application. Successful
applicants must follow all applicable budget requirements, including
the Federal cost principles in subpart E of 2 CFR part 200, LSV
regulations at 38 CFR part 79, and budget requirements of this NOFO.
(2) Additional Eligibility Documentation. Applicants will provide
other required or optional materials as attachments, including the
following:
(i) Budget Template (required);
(ii) Letters of coordination (optional); and
(iii) Resumes or position descriptions of key staff (required).
Section VIII: Criteria for Threshold Review
Submission of an incorrect, incomplete, inconsistent, unclear, or
incorrectly formatted application package may result in the application
being rejected and not considered for award. Only applications that
meet threshold requirements in 38 CFR part 79.30 will be scored
consistent with criteria in 38 CFR part 79.35.
Review and Selection Process
Applications will be ranked in score order by funding priority as
described in this NOFO Award Information, Funding Priorities, and 38
CFR part 79.40. VA will rank those applicants who score at least 60
cumulative points and receive at least one point under each of the
following categories: (a) Background, Qualifications, Experience, and
Past Performance of Applicant and Any Identified Subcontractor; (b)
Program Concept and Legal Services Plan; (c) Quality Assurance and
Evaluation Plan; (d) Financial Capability and Plan; and (e) Area
Linkages and Relations The applicants will be ranked in order from
highest to lowest.
Application Selection
VA will only score applications that meet the following threshold
requirements in 38 CFR part 79.30: the application is filed within the
time period established in the NOFO, and any additional information or
documentation requested by VA under 38 CFR part 79.25(c) is provided
within the timeframe established by VA; the application is completed in
all parts; the activities for which the legal services grant is
requested are eligible for funding under 38 CFR part 79; the
applicant's proposed participants are eligible to receive legal
services under 38 CFR part 79; the applicant agrees to comply with the
requirements of 38 CFR part 79; the applicant does not have an
outstanding obligation to the Federal Government that is in arrears and
does not have an overdue or unsatisfactory response to an audit; and
the applicant is not in default by failing to meet the requirements for
any previous Federal assistance.
Applications that meet threshold will be scored. Applications will
be assigned to the highest priority group for which they are eligible.
Applications will be ranked in score order by funding priority as
described in this NOFO Award Information, Funding Priorities, and 38
CFR part 79.40. Applications in priority 1 that receive the minimum
score to be eligible for selection will be considered in score order
before applications in priority 2 are considered, etc.
VA will use an application's rank as the primary basis for
selection for funding; however, VA will also use the considerations
listed in 38 CFR part 79.40(d) to select applicants for funding. For
example, pursuant to 38 CFR part 79.40(d)(1), reviewers will give
preference to applications that demonstrate an ability to directly
provide legal services to eligible individuals.
Review and selection process may be found at 38 CFR part 79.40. In
case of a discrepancy between information provided by the applicant and
other information available to VA, VA reserves the right to make
funding decisions based on all available information or to not select
an application. Additional selections may be considered, at VA's
discretion, until available funding is exhausted.
Depending on factors such as the quantity and quality of
applications received and the availability of funding, VA reserves the
right to make additional rounds of conditional selections from this
NOFO to the eligible pool of applicants, or to take other actions as
appropriate. VA reserves the right to negotiate with applicants, as
needed, to accomplish the overall goals and objective.
Consistent with 2 CFR part 200.206(b), VA evaluates risk posed by
applicants at any time pre-award or post-award. Special conditions,
adjustments, or remedies corresponding to the degree of risk may be
applied to an award (2 CFR parts 200.206, 200.208, 200.339). Risk
evaluations may include but are not limited to an evaluation of the
applicant's eligibility, the quality of its application, the needs of
the community, the organization's financial stability, management
systems and standards, the history of performance, the status of Single
Audit reports, an ability to effectively implement requirements, the
status of any VA or other Federal debt, and the findings of any VA
fiscal reviews.
Tie Score
In the event of a tie score between applications, VA will determine
at its discretion how to handle selection decisions (for example,
selecting multiple applications for award or awarding for less than
requested). VA will consider the intent of this NOFO to fund legal
services to assist vulnerable Veterans in retaining their permanent
housing. VA's discretionary funding decisions are final.
Funding Actions
VA will provide funding to all eligible applicants in the Priority
Group score order described in this NOFO until funding is exhausted.
Funding is not guaranteed. Before awarding a grant agreement, VA
reserves the right to make adjustments (e.g., to funding levels) as
needed within the intent of this NOFO based on a variety of factors,
including the quantity and quality of applications, geographic
dispersion, as well as the availability of funding.
VA will consider any information that comes to its attention,
including information in the designated integrity and performance
system, in making a judgment about the applicant's integrity, business
ethics, and performance under Federal awards. VA may not make a Federal
award to an applicant if the applicant has not complied with all
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applicable UEI and SAM.gov requirements. Applicants may refer to 2 CFR
part 25 and SAM.gov for more information.
If an applicant has not fully complied by the time the Federal
awarding agency is ready to make a Federal award, the Federal awarding
agency may determine that the applicant is not qualified to receive a
Federal award and use that determination as a basis for making a
Federal award to another applicant. VA may elect to award additional
applications based on the availability of funds and quality of
applications. Upon signature of the grant agreement by the Secretary,
or designated representative, final selection will be completed, and
the grant funds will be obligated for the funding period.
Award Administration Information
Award Notices
Although subject to change, the LSV Grant Program expects to
announce grant awards on or around July 1, 2024. VA reserves the right
to make adjustments (e.g., to funding levels), as needed, within the
intent of the NOFO based on a variety of factors, including the
availability of funding. The initial announcement will be made through
a news release posted on the VA's LSV website at www.va.gov./homeless/
lsv.asp.
The LSV Grant Program will notify successful and unsuccessful
applicants. Only a grant agreement with a VA signature is evidence of
an award and is an authorizing document allowing costs to be incurred
against a grant award. Other notices, letters, or announcements are not
authorizing documents. The grant agreement includes the terms and
conditions of the award and must be signed by the entity and VA to be
legally binding.
Administrative and National Policy Requirements
VA places great emphasis on responsibility and accountability. VA
has procedures in place to monitor grants provided under the LSV Grant
Program. All applicants selected in response to this NOFO must agree to
meet applicable inspection standards outlined in the grant agreement.
Grantees are responsible for complying with all requirements of the
Federal award. Federal awards must also comply with the provisions of
the Federal Funding Accountability and Transparency Act, which includes
requirements on executive compensation, and other requirements found at
2 CFR parts 25 and 170. Grantees and their employees also are subject
to the whistleblower rights and remedies established in 41 U.S.C. 4712.
Payment of Grant Funds
Grantees will receive payments electronically through the HHS PMS.
Grantees will have the ability to request payments as frequently as
they choose subject to the following limitations:
1. During the first quarter of the grantee's legal services
annualized grant award period, the grantee's cumulative requests for
legal services grant funds may not exceed 35% of the total legal
services grant award without written approval by VA.
2. By the end of the second quarter of the grantee's legal services
annualized grant award period, the grantee's cumulative requests for
legal services grant funds may not exceed 60% of the total legal
services grant award without written approval by VA.
3. By the end of the third quarter of the grantee's legal services
annualized grant award period, the grantee's cumulative requests for
legal services grant funds may not exceed 80% of the total legal
services grant award without written approval by VA.
4. By the end of the fourth quarter of the grantee's annualized
legal services grant award period, the grantee's cumulative requests
for legal services grant funds may not exceed 100% of the total legal
services grant award.
Reporting and Monitoring
VA places great emphasis on the responsibility and accountability
of grantees. As described in 38 CFR part 79.95, VA has procedures to
monitor legal services provided to participants and outcomes associated
with the legal services provided under the LSV Grant Program.
Applicants should be aware of the following:
1. Grantees will be required to track data that will consist of
information on the participants served and the types of legal services
provided by grantees and subsequent outcomes. Information regarding
legal services provided may be protected from being released to VA
under attorney-client privilege; however, the grantee must provide
sufficient information to demonstrate the frequency and type of
services delivered to meet performance measurement outcomes, as defined
in 2 CFR part 200.301.
2. VA will complete annual monitoring evaluations of each grantee.
Monitoring also will include the submission of quarterly and yearly
financial and performance reports by the grantee in accordance with 2
CFR part 200. The grantee will be expected to demonstrate adherence to
the grantee's proposed program concept, as described in the grantee's
application. All grantees are also subject to audits conducted by VA or
its representative.
3. Grantees will be assessed based on their ability to meet
critical reporting requirements that are defined by the regulations.
Program Evaluation
The purpose of program evaluation is to evaluate the program's
success.
1. Grantees will participate in VA's national project monitoring
and evaluation to determine successful outcomes. Each grantee's
performance will be measured against established performance targets.
2. Grantees who do not meet the performance measures or who
otherwise perform or appear to perform less than satisfactorily may be
subject to additional conditions of award. Additional conditions may
include, but are not limited to, increased reporting or monitoring,
reductions, withholding, suspension, termination, or other remedies for
non-compliance at VA's discretion.
3. VA reserves the right to add, remove, or change at any time
prior to or during the award period the performance measures, targets,
services, caseload requirements, grant payment amounts, payment
schedule, or other grant requirements.
4. VA's overall performance for all grants funded from this NOFO
will be measured against the same criteria and targets used for each
grant.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved and signed
this document on December 12, 2023, and authorized the undersigned to
sign and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
General Counsel, Department of Veterans Affairs.
[FR Doc. 2023-27691 Filed 12-15-23; 8:45 am]
BILLING CODE 8320-01-P