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pdfU.S. Department of Housing and Urban Development
Lead Hazard Control and Healthy Homes
Lead Hazard Reduction Capacity Building Grant Program
FR-6600-N-31
01/17/2024
Table of Contents
OVERVIEW ................................................................................................................................3
I. FUNDING OPPORTUNITY DESCRIPTION.........................................................................3
A. Program Description ...............................................................................................................3
B. Authority ...............................................................................................................................10
II. AWARD INFORMATION ...................................................................................................10
A. Available Funds ....................................................................................................................10
B. Number of Awards ................................................................................................................10
C. Minimum/Maximum Award Information .............................................................................10
D. Period of Performance...........................................................................................................10
E. Type of Funding Instrument ..................................................................................................11
III. ELIGIBILITY INFORMATION .........................................................................................11
A. Eligible Applicants ................................................................................................................11
B. Ineligible Applicants .............................................................................................................11
C. Cost Sharing or Matching......................................................................................................12
D. Threshold Eligibility Requirements ......................................................................................13
E. Statutory and Regulatory Requirements Affecting Eligibility ..............................................16
F. Program-Specific Requirements ............................................................................................16
G. Criteria for Beneficiaries. ......................................................................................................25
IV. APPLICATION AND SUBMISSION INFORMATION ...................................................26
A. Obtain an Application Package .............................................................................................26
B. Content and Form of Application Submission ......................................................................27
C. System for Award Management (SAM) and Unique Entity Identifier (UEI) ......................29
D. Application Submission Dates and Times ............................................................................30
E. Intergovernmental Review ....................................................................................................33
F. Funding Restrictions ..............................................................................................................33
G. Other Submission Requirements ...........................................................................................34
V. APPLICATION REVIEW INFORMATION .......................................................................36
A. Review Criteria .....................................................................................................................36
B. Review and Selection Process ...............................................................................................42
VI. AWARD ADMINISTRATION INFORMATION ..............................................................44
A. Award Notices .......................................................................................................................44
B. Administrative, National and Departmental Policy Requirements and Terms for HUD
Applicants and Recipients of Financial Assistance Awards ......................................................45
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C. Reporting ...............................................................................................................................48
D. Debriefing .............................................................................................................................50
VII. AGENCY CONTACT(S) ...................................................................................................50
VIII. OTHER INFORMATION ................................................................................................51
APPENDIX ................................................................................................................................52
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Program Office:
Lead Hazard Control and Healthy Homes
Funding Opportunity Title:
Lead Hazard Reduction Capacity Building Grant Program
Funding Opportunity Number:
FR-6600-N-31
Assistance Listing Number (formerly CFDA Number):
14.912
Due Date for Applications:
01/17/2024
OVERVIEW
The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding
Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose
described within this NOFO. You, as a prospective applicant, should carefully read all
instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding
is highly competitive. Failure to respond accurately to any submission requirement could result
in an incomplete or noncompetitive proposal.
In accordance with Title 24 part 4, subpart B of the Code of Federal Regulations (CFR), during
the selection process (which includes HUD’s NOFO development and publication and concludes
with the award of assistance), HUD is prohibited from disclosing covered selection information.
Examples of impermissible disclosures include: 1) information regarding any applicant’s relative
standing; 2) the amount of assistance requested by any applicant; and 3) any information
contained in the application. Prior to the application deadline, HUD may not disclose the identity
of any applicant or the number of applicants that have applied for assistance.
For further information regarding this NOFO, direct questions regarding the specific
requirements of this NOFO to the agency contact identified in section VII.
Paperwork Reduction Act Statement. In accordance with the Paperwork Reduction Act of
1995 (44 U.S.C. 3501- 3520) (PRA), the Office of Management and Budget (OMB) approved
the information collection requirements in this NOFO. HUD may not conduct or sponsor, and a
person is not required to respond to a collection of information unless the collection displays a
valid OMB control number. This NOFO identifies its applicable OMB control number, unless its
collection of information is excluded from these requirements under 5 CFR part 1320.
OMB Approval Number(s):
2539-0015
I. FUNDING OPPORTUNITY DESCRIPTION
A. Program Description
1. Purpose
The purpose of the Lead Hazard Reduction Capacity Building Grant Program is to assist states;
Federally recognized Native American Tribes that have an U.S. Environmental Protection
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Agency-authorized lead abatement certification program; cities, and counties/parishes, or other
units of local government which have either not received a direct HUD lead hazard control grant
or were a previous grantee that has a demonstrated need to rebuild capacity within their
jurisdiction. Rebuilding capacity may be necessary for jurisdictions that have diminished
infrastructure and capacity due to extenuating circumstances such as COVID, loss of
experienced staff, or other factors that have negatively impacted the capacity necessary to
undertake comprehensive programs to identify and control lead-based paint hazards. Current
grantees that have an active period of performance are not eligible to apply.
The program will help applicants with developing and expanding the infrastructure necessary to
undertake comprehensive programs to identify and control lead-based paint hazards in eligible
privately owned rental or owner-occupied housing. The capacity objectives to ensure the
successful implementation of a lead hazard control grant program relies on the following
implementation of several key program components listed below.
1. Build local capacity to determine the prevalence of childhood lead poisoning among
children under six years in the targeted community(ies);
2. Build local capacity to safely and effectively address lead hazards during lead hazard
control and renovation, remodeling, and maintenance activities by integrating lead-safe
work practices;
3. Developing and implementing procedures/guidelines for program activities that include
program intake of potential program participants and establishing a system, or process
that will facilitate lead-safe units to be affirmatively marketed to families with young
children, such as advertising available units to such families where lead-based paint
hazards have been controlled;
4. Hire qualified staff with experienced organizational management and financial capacity
to immediately execute the program upon receipt of a grant award;
5. Promote collaboration, data sharing, and targeting between health and housing
departments;
6. Developing key partnerships/subgrantees such as: faith-based, health departments,
coalitions, or other community-based organizations;
7. Integrating strategies to incorporate lead hazard control into existing housing repair
programs; (e.g., housing rehabilitation, local housing ordinance, property maintenance,
weatherization, housing-related health hazard interventions, and energy conservation
activities);
8. Obtaining high quality data to target resources where need is greatest; and
9. Developing systems for sustaining a lead hazard control program after successful
completion of a capacity building grant program.
2. HUD and Program-Specific Goals and Objectives
This NOFO supports HUD’s Strategic Plan for Fiscal Years (FY) 2022-2026 to accomplish
HUD’s mission and vision. Each of the five goals in the Strategic Plan include what HUD hopes
to accomplish, the strategies to accomplish those objectives, and the indicators of success.
However, of the five goals only those applicable to this NOFO are identified below.
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You are expected to align your application to the applicable strategic goals and objectives below.
Use the information in this section to describe in your application the specific goals, objectives,
and measures that your project is expected to help accomplish. If your project is selected for
funding, you are also expected to establish a plan to track progress related to those goals,
objectives, and measures. HUD will monitor compliance with the goals, objectives, and
measures in your project.
Applicable Goals and Objectives from HUD’s Strategic Plan
1. Strategic Goal 1: Support Underserved Communities
Fortify support for underserved communities and support equitable community development for
all people.
2. 1A: Advance Housing Justice
Fortify support for vulnerable populations, underserved communities, and Fair Housing
enforcement.
3. 1C: Invest in the Success of Communities
Promote equitable community development that generates wealth-building for underserved
communities, particularly for communities of color.
4. 3B: Create a More Accessible and Inclusive Housing Finance System
Advance new policy, programs, and modernization initiatives that support a more equitable
housing finance system. Promote the preservation and creation of affordable housing stock.
5. Strategic Goal 4: Advance Sustainable Communities
Advance sustainable communities by strengthening climate resilience and energy efficiency,
promoting environmental justice, and recognizing housing's role as essential to health.
6. 4B: Strengthen Environmental Justice
Reduce exposure to health risks, environmental hazards, and substandard housing, especially for
low-income households and communities of color.
7. 4C: Integrate Health and Housing
Advance policies that recognize housing's role as essential to health.
3. Changes from Previous NOFO
•
•
•
•
•
•
Clarifying that States include both DC and Puerto Rico.
Adding that a previous Lead Hazard Control grant recipient that has a demonstrated need
to rebuild capacity within their jurisdiction is eligible to apply. If you have a current,
active Lead Hazard Control grant, your program is not eligible to apply.
Subgrantees under a previous Lead Hazard Reduction grant but not a grantee (direct
recipient) are eligible to apply, whatever the date of that grant.
Programs must have a dedicated day-to-day Program Manager (PM), and the Program
Manager must dedicate 75 percent of his/her time to the proposed project.
The previously available funding of $50,000,000 has been decreased to $33,363,080 with
15 awards estimated to be awarded under Round 2.
The following Rating Factor 3 objectives have been updated to clarify separate budget
documents:
o The budget planning documentation of CBW Budget Worksheet and Budget
Narrative clearly states these are separate documents from the program narrative’s
objectives within the Rating Factor.
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o In addition, the specific CBW Worksheet and Budget Narrative budget items
needed within the forms are explained in more detail.
4. Definitions
a. Standard Definitions
Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition
to combating discrimination to overcome patterns of segregation and foster inclusive
communities free from barriers that restrict access to opportunity based on protected
characteristics. Specifically, affirmatively furthering fair housing means taking meaningful
actions that, taken together, address significant disparities in housing needs and in access to
opportunities, replacing segregated living patterns with truly integrated and balanced living
patterns, transforming racially and ethnically concentrated areas of poverty into areas of
opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
The duty to affirmatively further fair housing extends to all program participant’s activities and
programs relating to housing and urban development.
Assistance Listing number refers to the unique number assigned to each Federal assistance
program publicly available in the Assistance Listing, which is managed and administered by the
General Services Administration. The Assistance Listing number was formerly known as the
Catalog of Federal Domestic Assistance (CFDA) number.
Authorized Organization Representative (AOR) is a person authorized to legally bind your
organization and submit applications via Grants.gov. The AOR is authorized by the E-Business
Point of Contact (E-Biz POC) in the System for Award Management (see E-Biz POC definition).
An AOR may include an Expanded AOR and/or a Standard AOR.
Expanded Authorized Organization Representative is a user in Grants.gov who is
authorized by the E-Biz POC to perform the functions of a Standard AOR, initiate and
submit applications on behalf of your organization, and is allowed to modify organizationlevel settings and certifications in Grants.gov.
Standard Authorized Organization Representative is a user in Grants.gov who is authorized
by the E-Biz POC to initiate and submit applications in Grants.gov. A Grants.gov user with
the Standard AOR role can only submit applications when they are a Participant for that
workspace.
Consolidated Plan is the document submitted to HUD that serves as the comprehensive housing
affordability strategy, community development plan, and submission for funding under any of
the Community Planning and Development formula grant programs (e.g., CDBG, ESG, HOME,
and HOPWA). This Plan is prepared in accordance with the process described in 24 CFR part 91.
This plan is completed by engaging in a participatory process to assess their affordable housing
and community development needs and market conditions, and to make data-driven, place-based
investment decisions with funding from formula grant programs. (See 24 CFR part 91 for HUD’s
requirements regarding the Consolidated Plan and related Action Plan).
Contract means, for the purpose of Federal financial assistance, a legal instrument by which a
recipient or subrecipient purchases property or services needed to carry out the project or
program under a federal award. For additional information on contractor and subrecipient
determinations, see 2 CFR 200.331.
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Contractor means an entity that receives a contract as defined above and in 2 CFR 200.1.
Cooperative agreement has the same meaning defined at 2 CFR 200.1.
Deficiency, with respect to the making of an application for funding, is information missing or
omitted within a submitted application. Examples of deficiencies include missing documents,
missing or incomplete information on a form, or some other type of unsatisfied information
requirement. Depending on specific criteria, a deficiency may be either Curable or Non-Curable.
A Curable Deficiency is missing or incomplete application information that may be
corrected by the applicant with timely action. To be curable, the deficiency must:
•
•
•
Not be a threshold requirement, except for documentation of applicant eligibility;
Not influence how an applicant is ranked or scored versus other applicants; and
Be remedied within the time frame specified in the notice of deficiency.
A Non-Curable Deficiency is missing or incomplete application information that cannot be
corrected by an applicant after the submission deadline. A non-curable deficiency is a
deficiency that is a threshold requirement, or a deficiency that, if corrected, would change an
applicant’s score or rank versus other applicants. If an application includes a non-curable
deficiency, the application may receive an ineligible determination, or the non-curable
deficiency may otherwise adversely affect the application’s score and final funding
determination.
E-Business Point of Contact (E-Biz POC) is an organization applicant who is responsible for
the administration and management of grant activities for his or her organization. The E-Biz
POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz
POC authorizes representatives of their organization to apply on behalf of the organization (see
Authorized Organization Representative definition). There can only be one E-Biz POC per
unique entity identifier (see definition of Unique Entity Identifier below).
Eligibility requirements are mandatory requirements for an application to be eligible for
funding.
Environmental Justice means investing in environmental improvements, remedying past
environmental inequities, and otherwise developing, implementing, and enforcing laws and
policies in a manner that advances environmental equity and provides meaningful involvement
for people and communities that have been environmentally underserved or overburdened, such
as Black and Brown communities, indigenous groups, and individuals with disabilities. This
definition does not alter the requirements under HUD’s regulations at 24 CFR 58.5(j) and 24
CFR 50.4(l) implementing Executive Order 12898. E.O. 12898 requires a consideration of how
federally assisted projects may have disproportionately high and adverse human health or
environmental effects on minority and/or low-income populations. For additional information on
environmental review compliance, refer to:
https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations.
Equity has the meaning given to that term in Section 2(a) of Executive Order 13985 and means
the consistent and systematic fair, just, and impartial treatment of all individuals, including
individuals who belong to underserved communities that have been denied such treatment, such
as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific
Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual,
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transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural
areas; and persons otherwise adversely affected by persistent poverty or inequality.
Federal Award, has the meaning, depending on the context, in either paragraphs (1) or (2) of
this definition:
(1)
(a) The Federal financial assistance that a recipient receives directly from a Federal
awarding agency or a subrecipient receives indirectly from a pass-through entity, as
described in 2 CFR 200.101; or
(b) The cost-reimbursement contract under the Federal Acquisition Regulations that a
non- Federal entity receives directly from a federal awarding agency or indirectly from a
pass- through entity, as described in 2 CFR 200.101.
(2) The instrument setting forth the terms and conditions. The instrument is the grant
agreement, cooperative agreement, other agreement for assistance covered in paragraph (2)
of the definitions of Federal financial assistance in 2 CFR 200.1, and this NOFO, or the costreimbursement contract awarded under the Federal Acquisition Regulations.
(3) Federal award does not include other contracts that a Federal agency uses to buy goods or
services from a contractor or a contract to operate Federal Government owned, contractor
operated facilities (GOCOs).
(4) See also definitions of Federal financial assistance, grant agreement, and cooperative
agreement in 2 CFR 200.1.
Federal Financial Assistance has the same meaning defined at 2 CFR 200.1.
Grants.gov is the website serving as the Federal government’s central portal for searching and
applying for Federal financial assistance throughout the Federal government. Registration on
Grants.gov is required for submission of applications to prospective agencies unless otherwise
specified in this NOFO.
Historically Black Colleges and Universities (HBCUs) are any historically Black college or
university that was established prior to 1964, whose principal mission was, and is, the education
of Black Americans, and that is accredited by a nationally recognized accrediting agency or
association determined by the Secretary of Education to be a reliable authority as to the quality
of training offered or is, according to such an agency or association, making reasonable progress
toward accreditation. A list of accredited HBCUs can be found at the U.S. Department of
Education’s website.
Minority-Serving Institutions (MSIs) are
(1) a part B institution (as defined in 20 U.S.C. 1601);
(2) a Hispanic-serving institution (as defined in 20 U.S.C. 1101a(5));
(3) a Tribal College or University (as defined in 20 U.S.C. 1059c);
(4) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in
20 U.S.C. 1059d(b));
(5) a Predominantly Black Institution (as defined in 20 U.S.C. 1059e);
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(6) an Asian American and Native American Pacific Islander-serving institution (as defined in 20
U.S.C. 1059g); or
(7) a Native American-serving nontribal institution (as defined in 20 U.S.C. 1059f).
Non-Federal Entity (NFE) means a state, local government, Indian tribe, Institution of Higher
Education (IHE), or non-profit organization that carries out a federal award as a recipient or
subrecipient.
Primary Point of Contact (PPOC) is the person who may be contacted with questions about
the application submitted by the AOR. The PPOC is listed in item 8F on the SF-424.
Racial Equity is the elimination of racial disparities, and is achieved when race can no longer
predict opportunities, distribution of resources, or outcomes – particularly for Black and Brown
persons, which includes Black, Latino, indigenous, Native American, Asian, Pacific Islander,
and other persons of color.
Recipient means an entity, usually but not limited to non-Federal entities, that receives a federal
award directly from HUD. The term recipient does not include subrecipients or individuals that
are beneficiaries of the award.
Resilience is a community’s ability to minimize damage and recover quickly from extreme
events and changing conditions.
Small business is defined as a privately-owned corporation, partnership, or sole proprietorship
that has fewer employees and less annual revenue than regular-sized business. The definition of
“small”—in terms of being able to apply for government support and qualify for preferential tax
policy—varies by country and industry. The U.S. Small Business Administration defines a small
business according to a set of standards based on specific industries. See 13 CFR Part 121.
Subaward means an award provided by a pass-through entity to a subrecipient for the
subrecipient to carry out part of a federal award received by the pass-through entity. It does not
include payments to a contractor or payments to an individual that is a beneficiary of a Federal
program. A subaward may be provided through any form of legal agreement, including an
agreement that the pass-through entity considers a contract.
Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a
subaward from a pass-through entity to carry out part of a federal award but does not include an
individual that is a beneficiary of such award. A subrecipient may also be a recipient of other
federal awards directly from a federal awarding agency.
System for Award Management (SAM) is the Federal Repository into which an entity must
provide information required for the conduct of business as a recipient. Registration with SAM is
required for submission of applications via Grants.gov. You can access the website at
https://www.sam.gov/SAM/. There is no cost to use SAM.
Threshold Requirements are eligibility requirements that must be met for an application to be
reviewed, rated, and ranked. Threshold requirements are not curable, except for documentation
of applicant eligibility, which are listed in Section III.D., Threshold Eligibility Requirements.
Similarly, there are eligibility requirements under Section III.E., Statutory and Regulatory
Requirements Affecting Eligibility.
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Underserved Communities has the meaning given to that term in Section 2(b) of Executive
Order 13985 and refers to populations sharing a particular characteristic, as well as geographic
communities, that have been systematically denied a full opportunity to participate in aspects of
economic, social, and civic life, as exemplified by the list in the definition of “equity” above.
Unique Entity Identifier (UEI) means the identifier assigned by SAM to uniquely identify
business entities. As of April 4, 2022, the Federal government has transitioned from the use of
the DUNS Number to the use of UEI, as the primary means of entity identification for Federal
awards government-wide.
b. Program Definitions.
Program Definitions can be found in Appendix A.
B. Authority
This program is authorized by Section 1011(e) and (g) of the Residential Lead-Based Paint
Hazard Reduction Act of 1992 and funding is provided by the Consolidated Appropriations Act,
2022 (Public Law 117-103, approved March 15, 2022).
II. AWARD INFORMATION
A. Available Funds
Funding of approximately $33,363,080 is available through this NOFO.
Additional funds may become available for award under this NOFO consistent with Section
VI.A.2.e., Adjustments to Funding. Use of these funds is subject to statutory constraints. All
awards are subject to the funding restrictions contained in this NOFO.
B. Number of Awards
HUD expects to make approximately 15 awards from the funds available under this NOFO.
For information on the methodology used to make award determinations under this NOFO,
please see Section V.B Review and Selection Process below.
C. Minimum/Maximum Award Information
Estimated Total Funding:
$33,363,080
Minimum Award Amount:
$500,000
Per Project Period
Maximum Award Amount:
$2,500,000
Per Project Period
D. Period of Performance
Estimated Project Start Date:
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03/13/2024
Estimated Project End Date:
03/13/2027
Length of Project Periods:
36-month project period and budget period
Length of Periods Explanation of Other:
N/A
E. Type of Funding Instrument
Funding Instrument Type:
CA (Cooperative Agreement)
III. ELIGIBILITY INFORMATION
A. Eligible Applicants
00 (State governments)
01 (County governments)
02 (City or township governments)
04 (Special district governments)
07 (Native American tribal governments (Federally recognized))
25 (Others (see text field entitled "Additional Information on Eligibility" for clarification))
Additional Information on Eligibility
1. States (the 50 States plus DC and PR) and federally recognized Native American Tribes
(that have an U.S. Environmental Protection Agency-authorized lead abatement
certification program), cities, counties/parishes, or other units of local government which
have either not received a direct HUD lead hazard control grant or were a previous
grantee that has a demonstrated need to rebuild capacity within their jurisdiction.
2. Subgrantees under a previous Lead Hazard Reduction grant but not a grantee (direct
recipient) are eligible to apply, whatever the date of that grant.
3. If your department or agency does not report directly or through a direct chain of
command to your jurisdiction’s chief executive officer (governor, county executive,
mayor, etc.), you must identify the specific statute(s) (e.g., 1 MyState Revised Code
2345) establishing it as a part of the government, and either attach the relevant wording,
or include the specific freely accessible web address(es) in the application.
B. Ineligible Applicants
1.
2.
3.
4.
5.
Non-Profit Organizations
Current active direct Lead Hazard Control grant recipients are not eligible for funding.
Individuals
Foreign entities
Sole proprietorship organizations
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C. Cost Sharing or Matching
This Program requires cost sharing or matching as described below.
The chart below describes the match percentage requirement and maximum administrative cost.
Match is required for this program by statute 42 U.S.C. 4852(h). Generally, Federal sources are
not allowed to be used as cost share or match unless otherwise permitted by a program’s
authorizing statute (for example, HUD’s Community Development Block Grants program). The
chart below describes the match percentage requirement, and maximum administrative cost (as a
percentage of federal funds).
Match and Cost Requirements Table.
Program
Minimum
Match (of
federal request)
10 percent
Direct Lead
Hazard Control
Costs
65 percent
Maximum
Administrative
Costs
10 percent
Lead Hazard
Reduction
Capacity
Building Grant
Program
Match Funds Evaluation. Applicants must include the Matching Contribution Table below and
should have the corresponding information on the commitment as on the form HUD-424 CBW
and the SF-424 application documents submitted under this NOFO. The SF-424 and the match
table will constitute the applicant’s commitment to fund the match requirement. The applicant is
responsible for all match commitments, including those from donors, discounts, and others,
should those contributions not materialize. The table should indicate the source, propose eligible
uses, and amounts of match committed on the SF-424 and Form HUD_424_CBW. Add
additional rows to the table, as needed, for each match.
Source of Allowable Match
Purpose of the Match
Amount
Shared costs or matching funds and contributions must not be paid by another Federal award,
except where the Federal statute authorizing a program specifically provides that Federal funds
made available for such program can be applied to matching or cost sharing requirements of
other Federal programs. NOTE: Community Development Block Grant (CDBG) funds may be
used as match to satisfy the matching resource requirements, provided they are specifically
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designated for the activities and costs allowed in this NOFO. Proposed matching commitments
that are not eligible, such as, funding sources that are federal (e.g., HOME or Weatherization
Assistance Program funds) or that are not committed for allowable uses (e.g., rehabilitation, code
compliance) will not be counted towards satisfying the match requirements of the programs in
this NOFO.
Evidence of match commitment. Your program must provide documentation of all matches
indicated on the SF-424 and the Form HUD_424_CBW by letters of firm commitment, such as
Memoranda of Understanding or other signed agreements from those entities identified as
partners in the application with your submission to this NOFO during the negotiation process, if
you are selected for an award. All letters of commitment, including those provided by your
organization, MUST clearly identify the dollar amount or value, the source(s) of the funds, and
the proposed uses of matching funds being committed. Commitments for match to be supplied
by your organization must be supported by a letter signed by the authorized official whose
signature appears on the SF-424 detailing sources and uses of the committed match. The
commitment documentation must mention this NOFO and have been signed on or after the date
this NOFO was published. You must show that matching contributions will be used specifically
for allowable program costs and come from allowable non-federal sources. Both the source of
the funds and use of the funds must comply with the requirements of this NOFO. The
Department will track and monitor all match commitments according to Office of Management
and Budget (OMB) and program requirements.
Permissible Match Contributions. Examples of eligible sources that are permissible as match
contributions include:
• Documentation of Contributions from Training Providers. Training Providers may
contribute match dollars. You must provide detailed documentation of the cost to be paid to
receive a certificate of completion of an accredited lead professional course or relevant
course. Trainer contributions must be supported and verified by a third party: for example,
training course and course materials or labor required to conduct a lead professional training
course such as lead abatement worker, lead supervisor, etc., published online or company
materials.
• The value of in-kind donated items, such as lead, outreach and marketing materials or
equipment that are used to recruit clients, partners, stakeholders to participate in lead-based
paint hazard control programs, must be established at market rates.
• For services or products provided at a discounted rate and used for an eligible use under the
grant, the discounted part of the fee or price is the eligible match, not the entire value of the
services or products. For example: if a supply company provides a product to the contractor
at a lower rate, the difference in the cost of the product the supplier would typically charge,
and the discounted rate is a match if otherwise eligible. You must document that the vendors
that provide discounts are knowingly providing support for this federal award.
• Third Party In-Kind Contributions. See 2 CFR 200.306 for additional information on third
party in-kind contributions.
D. Threshold Eligibility Requirements
Applicants who fail to meet any of the following threshold eligibility requirements are deemed
ineligible. Applications from ineligible applicants are not rated or ranked and will not receive
HUD funding.
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1. Resolution of Civil Rights Matters
Outstanding civil rights matters must be resolved before the application submission deadline.
Applicants with unresolved civil rights matters at the application deadline are deemed ineligible.
Applications from ineligible applicants are not rated or ranked and will not receive HUD
funding.
a. An applicant is ineligible for funding if the applicant has any of the charges, cause
determinations, lawsuits, or letters of findings referenced in subparagraphs (1) – (5) that are
not resolved to HUD’s satisfaction before or on the application deadline date for this NOFO.
(1) Charges from HUD concerning a systemic violation of the Fair Housing Act or
receipt of a cause determination from a substantially equivalent state or local fair housing
agency concerning a systemic violation of a substantially equivalent state or local fair
housing law proscribing discrimination because of race, color, religion, sex (including
sexual orientation and gender identity), national origin, disability or familial status;
(2) Status as a defendant in a Fair Housing Act lawsuit filed by the United States alleging
a pattern or practice of discrimination or denial of rights to a group of persons raising an
issue of general public importance under 42 U.S.C. 3614(a);
(3) Status as a defendant in any other lawsuit filed or joined by the Department of Justice,
or in which the Department of Justice has intervened, or filed an amicus brief or
statement of interest, alleging a pattern or practice or systemic violation of Title VI of the
Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of
the Housing and Community Development Act of 1974, the Americans with Disabilities
Act, Violence Against Women Act, or a claim under the False Claims Act related to fair
housing, non-discrimination, or civil rights generally including an alleged failure to
affirmatively further fair housing;
(4) Receipt of a letter of findings identifying systemic non-compliance with Title VI of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109
of the Housing and Community Development Act of 1974; Violence Against Women
Act; or the Americans with Disabilities Act; or
(5) Receipt of a cause determination from a substantially equivalent state or local fair
housing agency concerning a systemic violation of provisions of a state or local law
prohibiting discrimination in housing based on sexual orientation, gender identity, or
lawful source of income.
b. HUD will determine if actions to resolve the charge, cause determination, lawsuit, or letter
of findings taken before the application deadline date will resolve the matter. Examples of
actions that may be sufficient to resolve the matter include, but are not limited to:
(1) Current compliance with a voluntary compliance agreement signed by all the parties;
(2) Current compliance with a HUD-approved conciliation agreement signed by all the
parties;
(3) Current compliance with a conciliation agreement signed by all the parties and
approved by the state governmental or local administrative agency with jurisdiction over
the matter;
(4) Current compliance with a consent order or consent decree;
Page 14 of 52
(5) Current compliance with a final judicial ruling or administrative ruling or decision; or
(6) Dismissal of charges.
2. Timely Submission of Applications
Applications submitted after the deadline stated within this NOFO that do not meet the
requirements of the grace period policy are marked late. Late applications are ineligible and are
not considered for funding. See Section IV. D. Application Submission Dates and Times.
3. Affirmatively Furthering Fair Housing. With some exceptions for federally recognized
Indian tribes and their instrumentalities, the application must discuss how the applicant will carry
out the proposed activities in a manner that affirmatively furthers fair housing in compliance
with the Fair Housing Act and its implementing regulations. Applicants may propose activities
that are consistent with their jurisdiction’s Analysis of Impediments (AI), an Assessment of Fair
Housing (AFH), or other means of fair housing planning that meaningfully supports their AFFH
certification. If the applicant will carry out proposed activities in a jurisdiction with an accepted
Assessment of Fair Housing (AFH), the proposed activities should be consistent with the AFH's
fair housing goals and with fair housing strategies specified in the jurisdiction’s “Consolidated
Plan or Public Housing Agency Plan.”
4. Other Threshold Requirements:
a. Request Funding Amount. You must clearly document the requested federal funding
amount on line 18a of SF-424 (Application for Federal Assistance), and the Form
HUD_424_CBW (HUD Detailed Budget Worksheet including Total Budget).
b. Duplicate Application. Only one application will be accepted from any given state,
tribal or local government under this NOFO. Title X requires that each award be made to
“A State or unit of local government” (42 U.S.C. § 4852(b)) or, by extension based on an
EPA determination, to a federally recognized tribe that is authorized by that Agency to
administer its lead activities certification program, rather than to an individual agency of
such a government, so that only one award may be made to an eligible government. If
more than one application is received from a state, tribal or local government, whether
from the same or a different government agency, the most recent application that was
received by Grants.gov that meets the timely receipt requirements will be considered for
review and funding, and the other applications will not be reviewed.
c. Match Requirement. If the application does not include documentation that details the
minimum ten percent (10%) matching requirement as described in the Cost Sharing or
Matching in Section III.C, above, it will not be reviewed.
d. Required Documents. If the application does not contain each of the required
application documents as indicated in Section IV, below, it will not be reviewed.
e. Consolidated Plan. Substitute a web site address where the Consolidated Plan(s)
is(are) located and identify the location of the lead-based paint element within the Plan(s)
(e.g., section/subsection number, page number). The web site must contain the leadbased paint element of the current Consolidated Plan(s). Be sure to verify the web
address is active.
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f. If the jurisdiction does not have a currently approved Consolidated Plan, you must
include the jurisdiction’s abbreviated Consolidated Plan, which includes a lead-based
paint hazard control strategy developed in accordance with 24 CFR 91.235. You should
include the discussion of any lead-based paint issues in your jurisdiction’s Analysis of
Impediments to Fair Housing Choice, particularly as it addresses your target areas.
g. If your Consolidated Plan is not developed during the time of application, your
program can be developed once awarded.
•
•
Applicants shall ensure that the requested grant amount is consistent on all forms and
materials submitted, and that rounding errors do not result in a request that exceeds the
maximum grant award ($2,500,000.00). Applications for amounts larger than the
maximum grant award will be deemed ineligible and will not be reviewed or funded.
Applications with project periods longer than the applicable maximum duration (36
months) will be deemed ineligible and will not be reviewed or funded.
E. Statutory and Regulatory Requirements Affecting
Eligibility
Eligibility Requirements for Applicants of HUD’s Financial Assistance Programs
The following requirements affect applicant eligibility. Detailed information on each
requirement is found in the “Eligibility Requirements for Applicants of HUD’s Financial
Assistance Programs” document on HUD’s Funding Opportunities page.
•
•
•
•
•
•
•
•
Universal Identifier and System for Award Management (SAM.gov) Requirements
Outstanding Delinquent Federal Debts
Debarments or Suspensions, or both
Mandatory Disclosure Requirement
Pre-selection Review of Performance
Sufficiency of Financial Management System
False Statements
Prohibition Against Lobbying Activities
In addition, each applicant under this NOFO must have the necessary processes and systems in
place to comply with the Award Term in Appendix A of 24 CFR part 170 if the applicant
receives an award, unless an exception applies as provided in 2 CFR170.110.
F. Program-Specific Requirements
1. Allowable Costs and Activities. This section applies to allowable costs and activities
funded under this NOFO. Allowable costs are determined in accordance with the cost
principles in 2 CFR part 200, subpart E - Cost Principles. Costs and activities outlined in
(a)(iii)Direct Lead Cost and (a)(iv) Other Allowable Cost sections, do not count as part of
section “2.a. Administrative Costs” ten percent (10%) administrative cost cap of this
program.
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** For more information on Allowable Costs, please see Policy Guidance 2015-01 Clarification
of Costs for Lead Based Paint Hazard Reduction Programs. While some of the costs may be the
same, some may differ since this is a capacity building program and not the actual lead hazard
reduction program. Available at https://www.hud.gov/sites/documents/201501 COST
CATEGORIES.pdf
2. For the purposes of application under this NOFO, you should consider the minimum and
maximum funding amounts as you develop your program approach and budget for
consideration. See Section II.C, above.
a. Administrative Costs. You can utilize up to ten percent (10%) of the federal award for
payments of reasonable grant administrative costs related to planning and executing the
project, preparation/submission of HUD reports, etc. Administrative costs must be
reflected under each appropriate line item (e.g., salaries, fringe, supplies, on Form
HUD_424_CBW) and a detailed cost element breakdown in the budget narrative must be
provided. The ten percent (10%) administrative cost cap for this program must include
any indirect cost rates placed in the HUD share budget columns, as well as the sum of the
budget line items that have inherent administrative costs per OLHCHH Policy Guidance
2015-01, plus any administrative costs of sub recipient organizations (also detailed by
budget line item and budget narrative). There are two categories of administrative costs:
direct administrative costs and indirect costs. For the purposes of this grant, all direct
administrative costs and all indirect costs count towards the ten percent (10%)
administrative cost limit.
(i). Direct Administrative Costs. Direct administrative costs are the reasonable,
necessary, allocable, and otherwise allowable costs of general management, oversight,
and coordination of the grant (i.e., program administration). Such costs include, but are
not necessarily limited to, expenditures for: salaries, wages, fringe benefits, and related
costs of the recipient's staff engaged in program administration that can be specifically
identified with the grant. (https://www.hud.gov/sites/documents/2015-01 COST
CATEGORIES.pdf ).
(ii) Indirect Costs, if applicable. Indirect facilities and administrative (F&A) costs are, by
nature, administrative and represent the expenses of doing business that are not readily
identified exclusively with a specific grant, contract, project function or activity, but are
necessary for the general operation of the organization and the conduct of activities it
performs. 2 CFR 200, subpart E Cost Principles, establishes the federal requirements for
the determination of allowable and unallowable direct and indirect (F&A) costs, and is
available at https://www.ecfr.gov/current/title-2/part-200/subpart-e . Indirect (F&A) costs
may only be charged to an OLHCHH grant award under a cost allocation plan, an
indirect cost rate agreement or by using the 10% de minimis in accordance with the
requirements of 2 CFR 200.414.
b. Lead Direct Costs. Lead direct costs are defined as activities that support developing
the infrastructure necessary to undertake comprehensive programs to identify and control
lead-based paint hazards in eligible privately owned rental or owner-occupied housing.
Awardees must spend at least sixty-five percent (65%) of grant funds on the following
direct lead-activities.
i. Marketing and outreach. Conducting targeted outreach, marketing, and education, or
development of outreach programs on lead hazard control and lead poisoning prevention that
Page 17 of 52
are designed to increase the ability of the program to deliver lead hazard control services to
local targeted communities.
ii. Eligible targeted outreach activities include, client enrollment, lead awareness and
education, health fairs and community events, landlord and contractor training, and building
housing intake pipeline(s) (e.g., referrals of children under age six years with elevated blood
lead levels (EBLs)) and delivery systems.
iii. Building local Lead Hazard Control partnerships to create sustainability coalitions that
will result in a model applicant referral process (tool) (e.g. housing authorities, community
action groups, neighborhood housing services, healthy homes coalitions).
iv. Educating entities on the benefits of program participation and lead-based paint hazards
regulations. These entities include owners of rental properties, landlord associations, tenants,
and other local entities that will be educated on the Residential Lead-Based Paint Hazard
Reduction Act, Lead Disclosure Rule, Lead Safe Housing Rule (24 CFR part 35, subparts A,
and B-R, respectively), and the EPA Renovation, Repair and Painting (RRP) Rule (40 CFR
745, especially subpart E).
v. In addition, educating entities on applicable provisions of the Fair Housing Act, especially
as it pertains to familial status (e.g., families with children) and disability discrimination,
providing meaningful access to these program benefits and information to Limited English
Proficient (LEP) individuals through language assistance strategies and services, in
accordance with Title VI of the Civil Rights Act of 1964 and Final Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons published on January 22, 2007
in the Federal Register (72 FR 2732), and providing training on lead-safe maintenance and
renovation practices and management. Grant recipients must also take appropriate steps to
ensure that communications with individuals with disabilities are as effective as
communications with individuals without disabilities, such as by providing appropriate
auxiliary aids and services (e.g., interpreters, computer-assisted real time transcription,
captioned videos with audible video description, etc.) and making materials available in
alternative formats (e.g., Braille, audio recording, and large type) pursuant to 24 CFR 8.6(b),
Section 504 of the Rehabilitation Act of 1973, and Titles II and III of the Americans with
Disabilities Act, as applicable.
vi. Training/contractor pool development such as providing resources to build capacity and a
pool of eligible licensed contractors for lead-safe housing and lead hazard control, including
free delivery of HUD-approved lead-safe work practices training courses for housing
rehabilitation contractors, rehabilitation workers, renovators, remodelers, homeowners,
renters, painters, maintenance staff, and others conducting renovation, rehabilitation,
maintenance, hazard control, or other work in private housing.
vii. Building program contractor capacity with emphasis on Section 3 eligible individuals
(For more reference on Section 3 requirements, please review: “Program Requirements and
Prohibitions” below).
viii. Establishing and collaborating with key partnerships/subgrantees; to enter formal
arrangements with organizations for capacity building objectives (e.g., faith-based, health
departments, coalitions, or other community-based organizations).
Page 18 of 52
ix. Integrating strategies to incorporate lead hazard control into existing housing repair
programs; (e.g., housing rehabilitation, local housing ordinance, property maintenance,
weatherization, housing-related health hazard interventions, and energy conservation
activities).
x. Targeting program implementation in areas that meet the Justice40 Initiative Executive
Order 14008, Tackling the Climate Crisis at Home and Abroad, section 22. The Justice40
Initiative (J40) sets an Administration “goal that 40 percent of the overall benefits [of
covered programs] flow to disadvantaged communities." See section III.G.4, below.
xi. Developing the mechanism or capacity for data sharing and linking eligible families.
xii. Within 6 months of the end of the Period of Performance, completing lead
inspections/risk assessments and lead hazard control unit activities to identify and assess the
effectiveness of a targeted jurisdiction.
•
•
Lead Inspections/Risk Assessments. A complete lead-based paint inspection and lead
hazard risk assessment, evaluating each housing unit, common area, exterior surface, and
bare soil (and not a sample of any of them), including either separate reports or a
combined report is required for all properties enrolled under this program. Presumption
of the presence of lead-based paint or lead-based paint hazards is not permitted. Paint
inspections and risk assessments must follow the procedures in the HUD Guidelines for
the Evaluation and Control of Lead-Based Paint Hazards in Housing, as defined by the
policies of the Lead Hazard Reduction Grant Program. Refer to Policy Guidance 2013-01
the OLHCHH website, posted at PGI_2013-01 for additional requirements.
Lead Hazard Control Unit Activities. The control or elimination of all lead-based paint
hazards identified in housing units and in common areas of multi-family housing by
either of the following strategies (or a combination), through either interim controls or
lead-based paint abatement.
c. Other Allowable Costs. Costs for the activities below are allowable costs but should
not be counted as direct costs towards the minimum sixty-five (65%) requirement;
i. Training Courses Development and Certifications: Assist with the development of
accredited Lead Hazard Control training courses and provide subsidies for licensing or
certification fees to low-income persons seeking credentials as lead-based paint workers or
contractors, lead sampling technicians or certified renovators; and completion of other
recognized training courses that further promote the lead hazard control activities;
ii. Purchasing of equipment and supplies to support completion of lead inspections/risk
assessments;
iii. Purchasing or leasing items having a per-unit cost under $5,000;
iv. Developing and implementing procedures/guidelines governing program elements;
v. Training and development to build qualified staff and organizational experience;
vi. Developing appropriate financing mechanisms;
vii. Obtaining high quality data to target resources where need is greatest; and
viii. Developing systems for sustaining a viable lead hazard control program after the grant.
Page 19 of 52
3. Additional Program Requirements and Prohibitions
a. Blood Lead Testing. The applicant should request testing of each child under the age of
six years who resides in a housing unit under contract to receive lead hazard control work, or
document that a child has been tested for blood lead levels within the six months preceding
the lead hazard control work, unless it is documented that the child’s parent or legal guardian
chooses not to have the child tested. You must refer any child with an elevated blood lead
level for appropriate medical follow-up with his or her health care provider or local health
department. See also, the CDC Response to Advisory Committee on Childhood Lead
Poisoning Prevention Recommendations in Low Level Lead Exposure Harms Children: A
Renewed Call of Primary Prevention (2012) and the Advisory Committee’s
recommendations report. Please continue to document if the child’s parent or legal guardian
chooses not to have the child tested.
b. Code of Conduct. If you are awarded a grant, you must be prepared to submit a copy of
your Organization’s Code of Conduct and describe the methods you will use to ensure that
all officers, employees, and agents of their organization are aware of your Code of Conduct,
prior to entering into a grant agreement with HUD.
c. Public Private Partnerships. You must work to further collaboration and coordination with
public and private partnerships to assist in meeting your program goals. HUD encourages
collaboration and coordination with other agencies and partners to identify and eliminate
lead-based paint. You are encouraged to enter into formal arrangements with partners, such
as childhood lead poisoning prevention programs, health agencies, community development
agencies, public housing agencies (noting, however, that lead hazard control funds may not
be used for evaluating or controlling lead-based paint hazards in public housing but may be
used in housing choice voucher units), weatherization assistance agencies, fair housing
organizations, code enforcement agencies, state Medicaid agencies, community-based nonprofit organizations, and faith-based or other community-based organizations. These formal
arrangements may be in the form of a contract, a Memorandum of Understanding (MOU), a
Memorandum of Agreement (MOA), or other comparable documentation of agreement. Such
relationships must be established prior to the execution of an award or be contingent upon
the award, becoming effective within 60 days after award. Your workplan to be developed
after award must include implementing a mechanism for providing rapid response (i.e.,
several business days) to requests from a public housing agency participating in the HUD
housing choice voucher program (see Policy Guidance PG 2017-05, Income Verification
Guidance). Agreements for goods and services to be paid for the award must be eligible and
must be procured through a competitive process as defined in 2 CFR sections 200.317 and
200.326 as applicable.
d. Compliance with HUD Regulations and Guidelines. You must conduct lead hazard
evaluation and control work in compliance with HUD’s Title X, the current HUD Guidelines
for the Evaluation and Control of Lead-Based Paint Hazards in Housing (current HUD
Guidelines, applicable OLHCHH Program Policies, and applicable federal, state, and local
regulations and guidance, including, but not limited to the EPA’s Renovation, Repair, and
Painting (RRP) Rule (found within 40 CFR part 745; see
https://www.epa.gov/lead/renovation-repair-and-painting-program-resources).
Page 20 of 52
e. Prohibited Practices. Grantees are not permitted to engage in practices prohibited under
HUD’s Lead Safe Housing Rule at 24 CFR 35.140, EPA’s RRP Rule at 40 CFR
745.83(a)(3), or EPA’s lead abatement rule at 40 CFR 745.227(e)(6).
f. Compliance with Section 504 of the Rehabilitation Act. Facilities where program
participants come for assistance (e.g., for intake and enrollment in the program), training or
education, must be held in facilities that are accessible to persons with disabilities in
accordance with Section 504 of the Rehabilitation Act and its implementing regulations at 24
CFR Part 8, and with Titles II and III of the Americans with Disabilities Act, as applicable.
g. Compliance with Title VI of the Civil Rights Act of 1964 and Limited English
Proficiency. You must take steps to ensure meaningful access for persons with Limited
English Proficiency (LEP). As an aid to grantees, HUD published the Final Guidance to
Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National
Origin Discrimination Affecting Limited English Proficient Persons (LEP Guidance) in the
Federal Register on January 22, 2007 (72 FR 2732). The LEP guidance and additional LEP
information is available here. Grantees must take steps to ensure meaningful access for
persons with LEP when program participants come for assistance, training, or education, or
when grantees conduct outreach activities.
h. Consolidated Plans. You must submit Form_HUD2991 once the grant program is
awarded. (By submitting Form_HUD2991, you certify that the work will be conducted in
accordance with your and other jurisdictions’ Consolidated Plans for areas where the project
will be carried out. You must also submit, as an attachment, the current lead-based paint
element from your approved Consolidated Plan or a website address where the Consolidated
Plan is located and provide page number). Be sure to verify that the web address is active and
available without cost. If the jurisdiction does not have a currently approved Consolidated
Plan, but is otherwise eligible for this grant program, you must include the jurisdiction's
abbreviated Consolidated Plan that includes a lead-based paint hazard control strategy
developed in accordance with 24 CFR 91.235. (An Indian tribe applying for a grant for
which the target area for projects under the grant will be located on a reservation of the tribe
need not submit a Consolidated or abbreviated Consolidated Plan. (24 CFR 583.155(c)). If
your Consolidated Plan is not developed during the time of application, your program can be
developed once awarded.
i. Continued Availability of Lead-Safe Housing to Low-Income Families with children under
6 years of age. Units in which lead hazards have been controlled under this program must be
occupied by or continue to be available to low-income residents with children under 6 years
of age for a minimum of three years as required by Title X, Section 1011. You must describe
previous efforts, whether on your own or in partnership with others, such as the organizations
listed in paragraph c, above, if applicable, to maintain a publicly accessible registry (listing)
of low-income units made lead-safe because of previous activities. You must also describe
the plans you have on your own or in partnership with others, for continuing an existing
registry or establishing a new registry, and procedures for monitoring and affirmatively
marketing these units to low-income families with children less than six years of age. Your
approach must include the entire period of performance, the process, persons responsible and
actions that will occur when violations are noted.
Page 21 of 52
j. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Section 3 of
the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u) is applicable to grants
funded under this lead hazard reduction capacity building program NOFO (see 24 CFR
75.3(a)(2)(i))). All grantees under this NOFO that conduct any lead hazard reduction project
exceeding $100,000 are required to comply with Section 3 for those projects. The lead
hazard reduction project is residential dwelling(s) that are under common ownership,
management, and financing. If you plan to hire any new employees or award contracts to
carry out the project(s), you must comply with the Section 3 requirements found at 24 CFR
part 75, subpart C. If a project will also have housing and community development financial
assistance, you must also comply with 24 CFR part 75, subpart D. For projects for which you
are required to comply with Section 3, any contractor, subcontractor, or sub-grantee must
also comply with the Section 3 requirements for any new training, hiring or sub-contracting
opportunities provided under those contracts. Applicants for this grant program must plan to
recruit and collect the level of detailed information to report out to the federal government
the success of their efforts to meet these goals annually. For more information about Section
3, see HUD’s Section 3 website,
https://www.hud.gov/program_offices/field_policy_mgt/section3, particularly its Frequently
Asked Questions document, which discusses lead hazard control and healthy homes grants,
and HUD’s Section 3 regulations (24 CFR Part 75) https://www.ecfr.gov/current/title24/subtitle-A/part-75.
k. Institutional Review Board (IRB). For the program in this NOFO, HUD does not expect
research that could affect human subjects to be conducted. However, if such research is
conducted, it shall be conducted in accordance with 24 CFR part 60, Protection of Human
Subjects, which invokes the Department of Health and Human Services' Common Rule at 45
CFR part 46, subpart A.
l. Procurement Requirements. All goods and services must be procured through a
competitive process. Recipients must follow federal procurement requirements as defined in
2 CFR 200.317 through 200.326, as applicable. The designation of an entity as a subrecipient
or contractor must follow program policies and 2 CFR 200.330.
m. Written Policies and Procedures. You will be required to develop written policies and
procedures during the first 60 days. The policies and procedures must describe how your
program will handle items such as, but not limited to, procurements (contracting), unit
eligibility, unit selection and prioritization, all phases of lead hazard evaluation and control,
including risk assessments, inspections, development of specifications for contractor bids,
pre-hazard control blood lead testing, financing, temporary relocation and clearance
examinations, unit monitoring and sub recipient monitoring. You, and your subcontractors,
sub-grantees, sub-recipients, and their contractors at all tiers must adhere to these policies
and procedures.*Disclosure: Lead Risk Assessments requirements and Unit activities should
begin 6 months prior to the end of the Period of Performance date *
n. Lead-Based Paint and Lead-Based Paint Hazard Identification. A complete lead-based
paint inspection and lead hazard risk assessment, evaluating each housing unit, common
area, exterior surface, and bare soil (and not a sample of any of them), including either
separate reports or a combined report is required for all properties enrolled under this
program. Presumption of the presence of lead-based paint or lead-based paint hazards is not
Page 22 of 52
permitted. Paint inspections and risk assessments must follow the procedures as defined in
paragraph d, above, the HUD Guidelines for the Evaluation and Control of Lead-Based Paint
Hazards in Housing, and as defined by the policies of the Lead Hazard Reduction Grant
Program. Refer to Policy Guidance 2013-01 the OLHCHH website, posted at PGI_2013-01
for additional requirements.
o. Notification Requirements. A copy of EPA’s Renovate Right brochure (available in
English and Spanish; see the EPA RRP homepage below) must be provided to the owner of
the unit and to an adult occupant of the unit (whether or not RRP work will be conducted).
All lead-based paint testing results, summaries of lead-based paint hazard control treatments,
and clearances must be provided to the owner of the unit, together with a notice describing
the owner’s legal duty to disclose the results to tenants and buyers (see 24 CFR 35.88 of the
Lead Disclosure Rule). Grantees must ensure that this information is provided in a manner
that is effective for persons with disabilities (24 CFR 8.6) and, also that persons with limited
English proficiency (LEP) will have meaningful access to it (see Executive Order 13166).
Grant files must contain verifiable evidence of providing lead hazard evaluation and control
reports to owners and tenants, such as a signed and dated receipt. You must also describe
how you will provide owners with lead hazard evaluation and control information generated
by activities under this grant, so that the owner can comply with the Lead Disclosure Rule
(24 CFR part 35, subpart A, or the equivalent 40 CFR part 745, subpart F), the Lead Safe
Housing Rule (24 CFR part 35, subparts B-R), and the EPA’s Renovation, Repair, and
Painting (RRP) Rule (see 40 CFR part 745 and http://www2.epa.gov/lead/renovation-repairand-painting-program ).
p. Testing, sampling, and laboratory analysis. All testing, sampling and laboratory analysis
for lead must comply with Title X, Section 1011, and conform to the current HUD
Guidelines, the EPA lead-based paint and lead-based paint hazard standards and clearance
levels at 40 CFR part 745, and OLHCHH Program Policy 2017-01: Revised Dust-Lead
Action Levels for Risk Assessment and Clearance of Porch Floors
(https://www.hud.gov/sites/documents/LEADDUSTLEVELS_REV1.PDF ). In addition,
your program must follow federal, state, or tribal regulations developed as part of the
appropriate contractor certification program, whichever is most protective of children. Paint
chip sampling alone is not a cost effective or practical method for grantees to use alone in the
identification of all lead hazards for the purposes of this grant. It is expected that an XRF will
be utilized to complete each Lead Inspection / Risk Assessment in combination with dust
wipes, paint sampling, and soil sampling as applicable. Paint chip sampling in accordance
with the HUD Guidelines chapters 5 and 7(https://www.hud.gov/sites/documents/CH05_1213-12.PDF and https://www.hud.gov/sites/documents/LBPH09.pdf ) may be used in certain
cases. All laboratory analyses conducted on paint chips, soil and/or dust samples must be
performed by an environmental laboratory recognized by EPA under the National Lead
Laboratory Accreditation Program pursuant to the Toxic Substances Control Act (15 U.S.C.
2685) (See the list of laboratories https://www.epa.gov/lead/national-lead-laboratoryaccreditation-program-list ).
q. Control/Elimination Strategies. All lead-based paint hazards identified in housing units
and in common areas of multifamily housing enrolled in this grant program must be
controlled or eliminated by either of the following strategies or a combination of the two
methods below within 10 days or less:
Page 23 of 52
•
•
Interim Controls. Interim controls of lead-based paint hazards including paint-lead
hazards, dust-lead hazards, and soil-lead hazards, as defined by EPA at 40 CFR §§
745.65 and 745.227, shall be conducted in accordance with the current HUD Guidelines,
and shall be completed by conducting and passing clearance, including visual inspection
and, on applicable interior and patio surfaces, dust-lead sampling and analysis
demonstrating residual dust lead below the lower of EPA’s or HUD’s dust lead hazard
standards or clearance levels.
Abatement. Abatement means any set of measures designed to permanently eliminate
lead-based paint hazards in accordance with standards established by the EPA.
Abatement includes the removal of lead-based paint and lead contaminated dust, the
permanent containment or encapsulation of lead-based paint, the replacement of lead
painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and
all preparation, cleanup, disposal, and post-abatement clearance testing activities
associated with such measures; however, for clearances under this NOFO on applicable
interior and patio surfaces, dust-lead sampling and analysis shall demonstrate residual
dust lead below the lower of EPA’s or HUD’s dust lead hazard standards or clearance
levels (40 CFR 745.227, or 24 CFR 35.1320 and 35.1340).
r. Temporary Relocation. HUD expects that the lead hazard control work and temporary
relocation will take 10 days or less. Assisting with reasonable costs of temporary relocation
for those persons required to vacate housing while participating in this voluntary
maintenance program for lead hazard reduction is an eligible activity of the program
described in this NOFO. Occupants who enroll in the programs described in this NOFO must
be treated fairly and equitably regarding removing participation barriers created by relocation
requirements if housing must be vacated while lead hazard reduction measures are being
conducted. Such tenant-occupants may be entitled to receive temporary relocation assistance
where applicable if relocation is required more than 15 days to complete the lead hazard
control work pursuant to the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (URA), 42 U.S.C. §§ 4601-4655, as described in regulations at 49 CFR
24.2(a)(9)(ii)(D)) and the corresponding Appendix A to Part 24. (These regulations can be
accessed from the Government Publishing Office website at 49 CFR Part 24).
s. Owner-occupants temporarily relocating while hazard reduction measures are conducted
pursuant to a program described in this NOFO may receive assistance but are not entitled to
URA relocation assistance for relocation based on needs assessment completed at enrollment
and based on the discretion of the program policy and procedures approved by the
Government Technical Representative (GTR) for this grant. When tenant occupants with
physical disabilities are temporarily relocated, they must be offered housing that is compliant
with Section 504 of the Rehabilitation Act. For additional information on relocation
requirements, see the HUD Handbook 1378 (Real Estate Acquisition and Relocation Policy
and Guidance). All relocation assistance is expected to support the approved occupant
protection plan received and approved by the program manager for each unit under this
award.
t. Waste Disposal. You must handle waste disposal according to the requirements of the
appropriate local, state, and federal regulatory agencies, and the HUD Guidelines. The HUD
Guidelines are available
https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines
Page 24 of 52
u. Worker Protection Procedures. You must observe the procedures for worker protection
established in the current HUD Guidelines, as well as the requirements of the Occupational
Health and Safety Administration (OSHA) (in particular, 29 CFR 1910.1025, Lead, and/or
29 CFR 1926.62, Lead Exposure in Construction, as applicable), or the state or local
occupational safety and health regulations, whichever are most protective.
v. Occupant protection plan. The grantee shall ensure that an occupant protection plan is
written and implemented for each housing unit in which hazard reduction work will be
conducted. For lead hazard control work, the plan shall conform to the HUD Guidelines
chapter 8, Resident Protection and Worksite Preparation.
Advancing Racial Equity
In accordance with Executive Order 13985, Executive Order On Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government, and federal fair
housing and civil rights laws, you must submit a narrative demonstrating the following:
▪
▪
▪
▪
You analyzed the racial composition of the persons or households who are expected to
benefit from your proposed grant activities;
You identified any potential barriers to persons or communities of color equitably
benefiting from your proposed grant activities;
You detailed the steps you will take to prevent, reduce or eliminate these barriers; and
You have measures in place to track your progress and evaluate the effectiveness of your
efforts to advance racial equity in your grant activities.
Note that any actions taken in furtherance of this section must be consistent with federal
nondiscrimination requirements.
Affirmative Marketing
You must submit a narrative demonstrating that the housing, services, or other benefits provided
under this grant will be affirmatively marketed broadly throughout the local area and nearby
areas to any demographic groups that would be unlikely or least likely to apply absent such
efforts. Such demographic groups may include, for example, Black and Brown persons or
communities, individuals with limited English proficiency, individuals with disabilities, or
families with children. Such activities may include outreach through community contacts or
service providers or at community centers serving the target population; and marketing on
websites, social media channels, television, radio, and print media serving local members of the
targeted group. Documentation for this factor consists of a narrative describing the activities that
will fulfill the factor requirements.
G. Criteria for Beneficiaries.
Funds must only be used under this grant program to provide assistance (lead-based paint
inspections/risk assessments and lead hazard control work) for pre-1978, privately owned
housing that is not federally assisted and that meets the following criteria:
1. For rental housing occupants, at least fifty percent (50%) of the units must be occupied
by or made available to families with incomes at or below fifty percent (50%) of the area
median income level and the remaining units must be occupied or made available to
families with incomes at or below eighty percent (80%) of the area median income level,
and in all cases the landlord must give priority in renting units assisted under this section,
Page 25 of 52
for not less than three years (3) following the completion of lead abatement activities, to
families with a child under the age of six years (6), except that buildings with five (5) or
more units may have twenty percent (20%) of the units occupied by families with
incomes above eighty percent (80%) of area median income level; or
2. For housing owned by owner-occupants, all units assisted with grants under this section
must be the principal residence of families with income at or below eighty percent (80%)
of the area median income level, and not less than ninety percent (90%) of the units
assisted with grants must be occupied by a child under the age of six years or must be
units where a child under the age of six years (6) spends a significant amount of time
visiting. See Policy Guidance PG 2014-01, Eligibility of Units for Assistance,
https://www.hud.gov/sites/documents/2014-01_UNIT_ELIGIBILITY.pdf for additional
information. The income requirements above are considered on a program-wide basis
(cumulatively), not a project-by-project basis.
3. Procedures for determining if a family is income-eligible are found in Policy Guidance
PG 2017-05, Income Verification Guidance.
4. In accordance with environmental justice requirements under Executive Orders 12898
and 14008, and OMB Memorandum M-21-28, which implements the Justice40 Initiative,
section 223 of Executive Order 14008, specifically, an Administration “goal that 40
percent of the overall benefits [of covered programs] flow to disadvantaged
communities:”
a. Under this Lead Hazard Reduction Capacity Building grant program, at least 40
percent of the housing units in which lead hazard control is performed (including passing
clearance) must be in disadvantaged communities in your target area.
b. During the period of performance of your grant, you must report on whether each such
housing unit is within a census tract that is a disadvantaged community area; to do this,
you may use the selection tool described in Appendix C. The rating of your performance
will reflect whether or not you meet or exceed the goal described in paragraph III.G.4.a,
above.
IV. APPLICATION AND SUBMISSION INFORMATION
A. Obtain an Application Package
Instructions for Applicants
All application materials, including the Application Instructions and Application Package, are
available through Grants.gov. You must access and review all available application materials.
You must submit your application electronically via Grants.gov under the Funding Opportunity
Number cited within this NOFO. Your application must list the applicable Funding Opportunity
Number.
You can request a waiver from the requirement for electronic submission, if you demonstrate
good cause. An example of good cause may include: a lack of available Internet access in the
geographic area in which your business offices are located. However, lack of SAM registration
or valid UEI is not a good cause. If you cannot submit your application electronically, you must
ask in writing for a waiver of the electronic grant submission requirements. HUD will not grant a
waiver if you fail to submit to HUD in writing or via email a request for a waiver at least 15
Page 26 of 52
calendar days before the application deadline. If HUD grants a waiver, a paper application must
be received before the deadline for this NOFO. To request a waiver, you must contact:
Name:
Victoria L. Jackson
Email:
victoria.l.jackson@hud.gov
HUD Organization:
OLHCHH
Street:
451 7th Street SW
City:
Washington
State:
DC DISTRICT OF COLUMBIA
Zip:
20410
B. Content and Form of Application Submission
You must verify that boxes 11, 12, and 13 on the SF-424 match the NOFO for which you are
applying. If they do not match, you have downloaded the wrong Application Instruction and
Application Package.
Submission of an application that is otherwise sufficient, under the wrong Assistance Listing and
Funding Opportunity Number is a Non-Curable Deficiency, unless otherwise stated under the
Threshold requirements section.
1. Content
Forms/Assurances/Certifications
Submission
Notes/Description
Requirement
Application for Federal Assistance
(SF-424)
Review
section IV.G.
of this NOFO
for detailed
submission
requirements.
Applicant and Recipient
Assurances and Certifications
(HUD 424-B)
Review
section IV.G.
of this NOFO
for detailed
submission
requirements.
Page 27 of 52
Forms/Assurances/Certifications
Submission
Notes/Description
Requirement
Applicant/Recipient
Disclosure/Update Report (HUD
2880)
Review
section IV.G.
of this NOFO
for detailed
submission
requirements
Disclosure of Lobbying Activities
(SF-LLL)
Form HUD-424 CBW Detailed
Budget Worksheet
Review
section IV.G.
of this NOFO
for detailed
submission
requirements.
Federally recognized Indian tribes and
tribally designated housing entities
(TDHEs) established by federally
recognized Indian tribes as a result of the
exercise of the tribe’s sovereign power
are excluded from coverage of the Byrd
Amendment, but state-recognized Indian
tribes and TDHEs established only under
state law shall comply with this
requirement.
Must submit
with your
application
Amounts on HUD-424 CBW must be
consistent with the requested and
matched amounts on lines 18b-f of the
SF-424; Application for federal
assistance.
Additionally, your complete application must include the following narratives and non-form
attachments.
2. Format and Form
Narratives and other attachments to your application must follow the following format
guidelines. Do not submit password protected or encrypted files.
15 Pages maximum length of narratives
Other
The narrative responses to Rating Factors 1 to 3, below, are limited to:
1. A maximum of fifteen (15) pages (excluding appendices, budget forms/narrative, and
worksheets)
2. Double Spaced
3. Letter sized paper, 8-½ x 11 inches
4. 12-point (minimum) Times New Roman font
5. At least 1-inch margins on all sides
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NOTE: Any information submitted in response to the Rating Factors beyond the page limit
will not be reviewed.
Appendices and Attachments:
1. Budget Narrative. Your application must include a budget narrative separate from the
rating factor narrative that details the eligible cost amounts and items for each budget line
proposed. The narrative must provide details on administrative costs, which are a
maximum of ten percent (10%) and details on which costs are included in the minimum
sixty-five percent (65%) direct cost requirement and match (10% minimum) requirement.
See section IV.F, Funding restrictions, below, regarding restrictions on the use of funds.
A Sample Budget Narrative for this NOFO is provided in Appendix B.
2. Consolidated Plan Lead-Based Paint Element. Provide a copy of your jurisdiction's LeadBased Paint Element or the link to the website identifying where the Lead-Based Paint
Element can be found, from its Consolidated Plan or abbreviated Consolidated Plan (as
applicable; see section III.C.5.g, above) or describe how you will incorporate the lead
element in your consolidated plan. If your Consolidated Plan is not developed during the
time of application, your program can be developed once awarded.
3. Résumés for key staff or position descriptions for vacant positions. Please do not include
any Personally Identifiable Information (PII). (See 2 CFR 200.1 for more on PII).
Material provided in the appendices must support Rating Factor narrative information
and will not be used in lieu of information provided in the fifteen (15) page limited response
to the Rating Factors. You are strongly urged to submit only information that is required and/or
requested in the NOFO or relevant to a specific narrative response. All attachments must identify
the related Rating Factor in the page footer by providing the related Rating Factor number and
the page number of the attachment (e.g., Factor 1 Attachment, page 1).
C. System for Award Management (SAM) and Unique
Entity Identifier (UEI)
1. SAM Registration Requirement
You must register with https://www.sam.gov/before submitting their application. You must
maintain current information in SAM on immediate and highest-level owner and subsidiaries, as
well as on all predecessors that have been awarded a federal contract or grant within the last
three years, if applicable. Information in SAM must be current for all times during which you
have an active Federal award or an application or plan under consideration by HUD.
2. UEI Requirement
As of April 4, 2022, entities doing business with the federal government must use the UEI
created in SAM.gov. Also, you must provide a valid UEI, registered and active at www.sam.gov/
in the application. For more information, see: https://www.gsa.gov/aboutus/organization/federal-acquisition-service/office-of-systems-management/integrated-awardenvironment-iae/iae-systems- information-kit/unique-entity-identifier-update.
3. Requirement to Register with Grants.gov
Anyone planning to submit applications on behalf of an organization must register at Grants.gov
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and be approved by the E-Biz POC in SAM to submit applications for the organization.
Registration for SAM and Grants.gov is a multi-step process and can take four (4) weeks or
longer to complete if data issues arise. Applicants without a valid registration cannot apply
through Grants.gov. Complete registration instructions and guidance are provided on Grants.gov.
D. Application Submission Dates and Times
1. Application Due Date Explanation
The application deadline is 11:59:59 PM Eastern time on
01/17/2024
Submit your application to Grants.gov unless a waiver has been issued allowing you to submit a
paper application. Instructions for submitting your paper application will be contained in the
waiver of electronic submission.
“Received by Grants.gov” means the applicant received a confirmation of receipt and an
application tracking number from Grants.gov. Grants.gov then assigns an application tracking
number and date-and timestamp each application upon successful receipt by the Grants.gov
system. A submission attempt not resulting in confirmation of receipt and an application tracking
number is not considered received by Grants.gov.
Applications received by Grants.gov must be validated by Grants.gov to be received by HUD.
“Validated by Grants.gov” means the application has been accepted and was not rejected with
errors. You can track the status of your application by logging into Grants.gov, selecting
“Applicants” from the top navigation, and selecting “Track my application” from the dropdown
list. If the application status is “rejected with errors,” you must correct the error(s) and resubmit
the application before the 24-hour grace period ends. Applications in “rejected with errors” status
after the 24-hour grace period expires will not be received by HUD. Visit Grants.gov for a
complete description of processing steps after applying.
HUD strongly recommends you submit your applications at least 48 hours before the deadline
and during regular business hours to allow enough time to correct errors or overcome other
problems.
2. Grants.gov Customer Support
Grants.gov provides customer support information on its website at
https://www.grants.gov/web/grants/support.html. If you have difficulty accessing the application
and instructions or have technical problems, contact Grants.gov customer support center by
calling (800) 518-GRANTS (this is a toll-free number) or by sending an email to
support@grants.gov.The customer support center is open 24 hours a day, seven days per week,
except Federal holidays. Individuals who are deaf or hard of hearing, or who have speech and
other communication disabilities may use a relay service to reach Grants.gov Customer Support.
To learn more about how to make an accessible telephone call, visit the webpage for Federal
Communications Commission.
3. Grants.gov Application Submission
You can verify the contents of your submitted application to confirm Grants.gov received
everything you intended to submit. To verify the contents of your submitted application:
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•
•
•
•
•
•
Log in to Grants.gov.
Click the Check Application Status link, which appears under the Grant Applications
heading in the Applicant Center page. This will take you to the Check Application Status
page.
Enter search criteria and a date range to narrow your search results.
Click the Search button. To review your search results in Microsoft Excel, click the
Export Data button.
Review the Status column. To view more detailed submission information, click the
Details link in the Actions column.
To download the submitted application, click the Download link in the Actions column.
Take note of the Grants.gov tracking number, as it is needed by the Grants.gov customer support
center should you seek their assistance.
HUD may extend the application deadline for any program if Grants.gov is offline or not
available to applicants for at least 24 hours immediately prior to the deadline date, or the system
is down for 24 hours or longer and impacts the ability of applicants to cure a submission
deficiency within the grace period.
HUD may also extend the application deadline upon request if there is a presidentially declared
disaster in the applicant’s area.
If these events occur, HUD will post a notice on its website establishing the new, extended
deadline for the affected applicants. HUD will also publish the extension on Grants.gov.
In determining whether to grant a request for an extension based on a presidentially declared
disaster, HUD will consider the totality of the circumstances including the date of an applicant’s
extension request (how closely it followed the basis for the extension), whether other applicants
in the geographic area are similarly affected by the disaster, and how quickly power or services
are restored to enable the applicant to submit its application.
NOTE: Busy servers, slow processing, large file sizes, improper registration
or password issues are not valid circumstances to extend the deadline dates or the grace period.
4. Amending or Resubmitting an Application
Before the submission deadline, you may amend a validated application through Grants.gov by
resubmitting a revised application containing the new or changed material. The resubmitted
application must be received and validated by Grants.gov by the applicable deadline.
If HUD receives an original and a revised application for a single proposal, HUD will evaluate
only the last submission received by Grants.gov before the deadline.
5. Grace Period for Grants.gov Submissions
If your application is received by Grants.gov before the deadline, but is rejected with errors, you
have a grace period of 24 hours after the application deadline to submit a corrected, received, and
validated application through Grants.gov. The date and time stamp on the Grants.gov system
determines the application receipt time. Any application submitted during the grace period but
not received and validated by Grants.gov will not be considered for funding. There is no grace
period for paper applications.
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6. Late Applications
An application received after the NOFO deadline date that does not meet the Grace Period
requirements will be marked late and will not be reviewed by HUD for funding
consideration. Improper or expired registration and password issues are not sufficient causes to
allow HUD to accept applications after the deadline date.
7. Corrections to Deficient Applications
HUD will not consider information from applicants after the application deadline except for
curable deficiencies.
HUD will uniformly notify applicants of each curable deficiency. See curable deficiency
definition in section I.A of this NOFO. Examples of curable (correctable) deficiencies include
inconsistencies in the funding request and failure to submit required certifications. These
examples are non-exhaustive.
When HUD identifies a curable deficiency, HUD will notify the authorized organization
representative identified on the SF-424 Application for Federal Assistance via email. This email
is the official notification of a curable deficiency.
You must email corrections of Curable Deficiencies to applicationsupport@hud.gov within the
time limits specified in the notification. The time allowed to correct deficiencies will be no less
than 48 hours and no more than 14 calendar days from the date of the email notification. The
start of the cure period will be the date stamp on the email sent from HUD. If the deficiency cure
deadline date falls on a Saturday, Sunday, Federal holiday, or on a day when HUD’s
Headquarters are closed, then the applicant’s correction must be received on the next business
day HUD Headquarters offices in Washington, DC are open.
The subject line of the email sent to applicationsupport@hud.gov must state: Technical Cure and
include the Grants.gov application tracking number or the GrantSolutions application number
(e.g., Subject: Technical Cure - GRANT123456 or Technical Cure - XXXXXXXXXXX). If this
information is not included, HUD cannot match the response with the application under review
and the application may be rejected due to the deficiency.
Corrections to a paper application must be sent in accordance with and to the address indicated in
the notification of deficiency. HUD will treat a paper application submitted in accordance with a
waiver of electronic application containing the wrong UEI as having a curable deficiency.
Failure to correct the deficiency and meet the requirement to have a UEI and active registration
in SAM will render the application ineligible for funding.
8. Authoritative Versions of HUD NOFOs
The version of this NOFO posted on Grants.gov includes the official documents HUD uses to
solicit applications.
9. Exemptions
Parties that believe the requirements of the NOFO would impose a substantial burden on the
exercise of their religion should seek an exemption under the Religious Freedom Restoration Act
(RFRA).
Page 32 of 52
E. Intergovernmental Review
This program is not subject to Executive Order 12372, Intergovernmental Review of Federal
Programs.
F. Funding Restrictions
Administrative Costs. Administrative costs may not exceed 10 percent of the grant award.
1. Ineligible Use of Funds:
1. Purchase or leasing real property.
2. Purchase or lease of equipment having a per-unit cost more than $5,000, except
for the purchase or lease of up to two (2) X-ray fluorescence analyzers to be used
exclusively by the grant program.
3. Chelation or other medical treatment costs, including case management, related to
children with elevated blood lead levels (EBLs). Non-federal funds used to cover
these costs may not be counted as part of the matching contribution.
4. Lead hazard evaluation or control activities in public housing, project-based
Section 8 housing, housing for the elderly, housing for persons with disabilities,
or any 0-bedroom dwelling or housing built after 1977. However, elderly,
disabled or 0-bedroom dwellings are eligible for grant funds if a child who is less
than six years of age resides or is expected to reside in such housing.
5. Complete or gut rehabilitation, demolition of housing units or detached buildings.
6. Lead hazard evaluation or control activities in housing covered by a pending or
final HUD, EPA, and/or Department of Justice (DOJ) settlement agreement,
consent decree, court order or other similar action regarding violation of the Lead
Disclosure Rule (24 CFR part 35, Subpart A, or the equivalent 40 CFR part 745,
subpart F), or by HUD or DOJ regarding the Lead Safe Housing Rule (24 CFR
part 35, subparts B–R).
7. Activities that do not comply with the Coastal Barrier Resources Act (16 U.S.C. §
3501).
8. Lead-hazard control or rehabilitation of a building or manufactured home that is
in an area identified by the Federal Emergency Management Agency (FEMA)
under the Flood Disaster Protection Act of 1973 (42 U.S.C. §§ 4001– 4128) as
having special flood hazards unless:
•
•
The community in which the area is situated is participating in the National Flood
Insurance Program in accordance with the applicable regulations (44 CFR parts 59–79),
or less than a year has passed since FEMA notification regarding these hazards; and
Where the community is participating in the National Flood Insurance Program, flood
insurance on the property is obtained in accordance with section 102(a) of the Flood
Disaster Protection Act (42 U.S.C. § 4012a(a)). You are responsible for assuring that
flood insurance is obtained and maintained for the appropriate amount and term.
Indirect Cost Rate
Normal indirect cost rules under 2 CFR part 200, subpart E apply. If you intend to charge
indirect costs to your award, your application must clearly state the rate and distribution base you
intend to use. If you have a Federally negotiated indirect cost rate, your application must also
Page 33 of 52
include a letter or other documentation from the cognizant agency showing the approved rate.
Successful applicants whose rate changes after the application deadline must submit the new rate
and documentation to assure the award agreement incorporates the applicable rate.
Applicants other than state and local governments. If you have a Federally negotiated indirect
cost rate, your application must clearly state the approved rate and distribution base and must
include a letter or other documentation from the cognizant agency showing the approved rate. If
your organization does not have a current negotiated rate (including provisional rate) and elects
to use the de minimis rate, your application must clearly state you intend to use the de minimis
rate of 10% of Modified Total Direct Costs (MTDC), as defined at 2 CFR 200.1. Costs must be
consistently charged as either indirect or direct costs but may not be double charged or
inconsistently charged as both, as described in 2 CFR 200.403. Once elected, the de minimis rate
must be applied consistently for all Federal awards until the organization chooses to negotiate a
rate, which the organization may apply to do at any time. Documentation of the decision to use
the de minimis rate must be retained on file for audit.
State and local governments. If your department or agency unit has a Federally negotiated
indirect cost rate, your application must include that rate, the applicable distribution base, and a
letter or other documentation from the cognizant agency showing the negotiated rate. If your
department or agency unit receives more than $35 million in direct Federal funding per year, you
may not claim indirect costs until you receive a negotiated rate from your cognizant agency for
indirect costs as provided in Appendix VII to 2 CFR part 200.
If your department or agency unit receives no more than $35 million in direct Federal funding
per year and your department or agency unit has developed and maintains an indirect cost rate
proposal and supporting documentation for audit in accordance with 2 CFR Part 200, Appendix
VII, you may use the rate and distribution base specified in that indirect cost rate proposal.
Alternatively, if your department or agency unit receives no more than $35 million in direct
Federal funding per year and does not have a current negotiated rate (including provisional) rate,
you may elect to use the de minimis rate of 10% of MTDC. As described in 2 CFR 200.403,
costs must be consistently charged as either indirect or direct costs but may not be double
charged or inconsistently charged as both. Once elected, the de minimis rate must be applied
consistently for all Federal awards until your department or agency chooses to negotiate for a
rate, which you may apply to do at any time. Documentation of the decision to use the de
minimis rate must be retained on file for audit.
G. Other Submission Requirements
1. Standard Application, Assurances, Certifications and Disclosures
Standard Form 424 (SF-424) Application for Federal Assistance
The SF-424 is the government-wide form required to apply for Federal assistance programs,
discretionary Federal grants, and other forms of financial assistance programs. You must
complete and submit the form with the other required forms and information as directed in this
NOFO.
By signing the forms in the SF-424 either through electronic submission or in paper copy
submission (for those granted a waiver), you and the signing authorized organization
representative affirm that you both have reviewed the certifications and assurances associated
Page 34 of 52
with the application for Federal assistance and (1) are aware the submission of the SF-424 is an
assertion that the relevant certifications and assurances are established and (2) acknowledge that
the truthfulness of the certifications and assurances are material representations upon which
HUD will rely when making an award to the applicant. If it is later determined the signing
authorized organization representative to the application made a false certification or assurance,
caused the submission of a false certification or assurance, or did not have the authority to make
a legally binding commitment for the applicant, the applicant and the individual who signed the
application may be subject to administrative, civil, or criminal action. Additionally, HUD may
terminate the award to the applicant organization or pursue other available remedies. Each
applicant is responsible for including the correct certifications and assurances with its application
submission, including those applicable to all applicants, those applicable only to Federally
recognized Indian tribes, or Alaskan native villages and those applicable to applicants other than
Federally recognized Indian tribes, or Alaskan native villages.
Assurances (HUD 424-B)
By submitting your application, you provide assurances that, if selected to receive an award, you
will comply with U.S. statutory and other requirements, including, but not limited to civil rights
requirements. All recipients and subrecipients of the award are required to submit assurances of
compliance with federal civil rights requirements. See, e.g., Title VI of the Civil Rights Act of
1964, Title IX of the Education Amendments Act of 1972, Section 504 of the Rehabilitation Act
of 1973, Violence Against Women Act, and the Age Discrimination Act of 1975; see also 24
C.F.R. §§ 1.5; 3.115; 8.50; and 146.25. HUD accepts these assurances in the form of the HUD
424-B, which also require compliance with HUD Reform Act requirements and all general
federal nondiscrimination requirements in the administration of the federal assistance award.
Applicant Disclosure Report Form 2880 (HUD 2880)
The form HUD 2880 is required if you are applying for assistance within the jurisdiction of HUD
to any project subject to Section 102(d) of the HUD Reform Act. Assistance is provided directly
by HUD to any person or entity, but not to subrecipients. It includes assistance for the
acquisition, rehabilitation, operation, conversion, modernization, renovation, or demolition of
any property containing five or more dwelling units that is to be used primarily for residential
purposes. It includes assistance to independent group residences, board and care facilities, group
homes and transitional housing but does not include primarily nonresidential facilities such as
intermediate care facilities, nursing homes and hospitals. It also includes any change requested
by a recipient in the amount of assistance previously provided, except changes resulting from
annual adjustments in Section 8 rents under Section 8(c)(2)(A) of the United States Housing Act
of 1937 (42 U.S.C. 1437f). See HUD Reform Act regulation for additional information.
Code of Conduct
Both you, as the award recipient, and all subrecipients must have a code of conduct (or written
standards of conduct). The code of conduct must comply with the requirements included in the
“Conducting Business in Accordance with Ethical Standards” section of the Administrative,
National and Department Policy Requirements and Terms for HUD Financial Assistance
Awards, as well as any program-specific requirements. These requirements include ethical
standards related to conflicts of interest for procurements in 2 CFR 200.318(c) and 2 CFR
200.317, as well as HUD-specific conflict of interest standards. HUD maintains a list of
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organizations that have previously submitted written standards of conduct on its Code of
Conduct for HUD Grant Programs webpage. But it is your responsibility to ensure that the
standards are compliant with the noted requirements and that HUD has the latest version of the
written standards. Updated written standards should be submitted with the application. Any
updates to your written standards, after the application period, should be submitted as directed by
the HUD program contact for this NOFO.
Affirmatively Furthering Fair Housing
With some exceptions for Federally recognized Indian tribes and their instrumentalities, the
application must discuss how the applicant will carry out the proposed activities in a manner that
affirmatively furthers fair housing in compliance with the Fair Housing Act and its implementing
regulations, and how applicants will meet the requirements of the definition of AFFH at 24 CFR
5.151. Applicants may propose activities that are consistent with their jurisdiction’s Analysis of
Impediments (AI), an Assessment of Fair Housing (AFH), or other means of fair housing
planning that meaningfully supports their AFFH certification.
If the applicant will carry out proposed activities in a jurisdiction with an AFH, the proposed
activities should be consistent with the AFH’s fair housing goals and with fair housing strategies
specified in the jurisdiction’s Consolidated Plan or Public Housing Agency Plan.
2. Other Program-Specific Requirements
V. APPLICATION REVIEW INFORMATION
A. Review Criteria
1. Rating Factors
HUD will consider whether your application is clear, concise, and well organized. Each rating
factor is reviewed independently. Applications scoring seventy-five (75) points or more will be
eligible to receive an award. Applications will be scored and ranked, based on the total number
of points allocated for each of the rating factors described in Section V.A of this NOFO. The
maximum number of points to be awarded is 104. Be sure your response for each rating factor
does not include information that belongs with another rating factor.
Summary of Applicant Scoring, point distribution
Rating Factor 1: Capacity of the Applicant and Relevant
Organizational Experience
40 points
Rating Factor 2: Justification of Applicant Need
40 points
Rating Factor 3: Budget Proposal (including 2 points for
Section 3)
20 points
Preference Points
4 points
Total Points Possible
104 Points
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When determining score for the narrative response's reviewers will utilize the following scale to
apply % of points available consistently for each applicant reviewed.
Qualitative Rating level explanation
Rating
Outstanding
Excellent
Good
Fair
%
Answer is thorough and provides high confidence that the criteria are
surpassed, or that the applicant will likely surpass the performance criteria
covered by the question within the time and cost established. There were no 100%
weaknesses noted. The description gives confidence of high probability of
success.
No significant weakness noted. Weaknesses or concerns can be corrected
with just a moderate amount of effort. In general, the answer gives
confidence that the applicant will likely meet the performance criteria
covered by the question with the time and cost established.
75%
Answer provided generally meets the standards required, but has
information weaknesses, or design or concept flaws that, while correctable,
will likely require considerable effort. The applicant may not have fully
answered the question. The answer is mediocre, and therefore, gives concern
50%
whether the applicant will meet the performance criteria covered by the
question within the time and cost established
Answer is vague or has substantial programmatic weaknesses that would
require substantial efforts to correct. There is a low likelihood that the
applicant will meet the performance criteria covered by the question within
the time and cost established.
25%
Poor or Non0%
Responsive Applicant did not address question or answer shows a lack of understanding
of requirements and/or concepts. Poor design concept and no or very little
confidence that the applicant will meet the performance criteria covered by
the question within the time and cost established. Success regarding this
element is very unlikely.
Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience.
Maximum Points: 40
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The applicant must demonstrate that its organization has sufficient qualified personnel or will
actively retain qualified experts or professionals within 90 days of the grant award to
successfully implement and complete the project. Applicants must submit resumes or job
descriptions as separate documents to receive up to the full points for this rating factor.
a. Program Administration and Oversight (10 Points)
1. Your key personnel must include at a minimum a Project Director (PD), and a dedicated dayto-day Program Manager (PM). The Program Manager must dedicate 75 percent of his/her time
to the proposed project. Describe the roles and responsibilities of each key personnel and include
their resumes up to three (3) pages in length. The Program Manager must have experience in
housing rehabilitation, public health, lead hazard control, childhood lead poisoning prevention,
project management, or related work. The Program Manager must be trained and certified to
lead hazard control activities, or explain how they will receive the training and certification
within 90 to 120 days of being hired.
2. Describe program start-up activities during the first 90 days of the grant (hiring/training staff,
outreach/education activities). Provide information about internal and external capacity-building
steps necessary to ensure a smooth and timely start-up phase.
3. Describe how you will administer this program, including how you will address oversight and
financial management and provide examples of current financial reports.
4. Discuss how funding will flow from you to those who will perform work under this program,
as well as whether and, if so, how you will ensure that acceptable work is conducted, and
acceptable products or services were provided before you pay invoices and before you submit
invoices to HUD.
5. Describe the procedures and electronic database systems you will use to ensure proper
program oversight and monitoring of all sub-recipients and contractors to ensure conformity to
the terms, conditions and specifications of contracts or other formal agreements.
b. Community Outreach/Marketing of Program (10 Points)
1. Discuss your proposed outreach activities and expected outcomes, as it relates to unit
enrollment, program sustainability, partnership building, coalition building and short and
long-term reduction of childhood lead poisoning in the target area.
2. Describe how your program will coordinate with health, early childhood education or
childcare provides, State Medicaid, or other healthcare partner organizations to identify
children with elevated blood lead levels in housing and families eligible of enrollment in
a Lead Hazard Reduction grant program.
3. Describe in detail the methods and strategies you will use, including the subrecipients
responsible for performing affirmative marketing and outreach of the program to your
intended target area(s) and/or residents with Limited English Proficiency.
c. Contractor Capacity and Public Private Parentships (10 points)
1. Provide examples or types of activities that will be used to build contractor capacity.
Include such activities as coordinating with an EPA or state certified training provider to host
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training courses for general contractors, firms, or individuals to become lead professionals.
2. List and describe in detail sub-recipients and consultants that will provide services and
carry out critical activities for the proposed grant program. For example, partnering with
accredited lead paint providers to build lead practitioner capacity.
3. Higher Education, Community Organizations and Agencies. Describe how your program
will engage community-based organizations, agencies, community college or vocational
schools/programs, and/or local home improvement/general contractor businesses, nonprofit
organizations, including faith-based organizations in your grant program’s activities. These
activities may include outreach, community education, marketing, referrals, training and
certification, program sustainability activities.
4. Detail each subrecipient’s experience in initiating and implementing related
environmental, health, or building capacity to implement housing repair programs.
d. Relevant Organization Experience (10 points)
1. Applicants must describe prior experience in initiating and implementing lead hazard
control or related environmental, health or housing programs. Lists the relevant and most
recent experience (last three years) in initiating and implementing lead hazard control or
related environmental, health or housing projects.
2. Provide examples of relevant programs that the applicant currently manages or has
previously managed within the past three years (e.g., CDBG Housing Rehabilitation,
Childhood Lead Poisoning Prevention Program, Weatherization, etc.).
Rating Factor 2: Need/Extent of the Problem.
Maximum Points: 40
This factor addresses the extent to which there is a need for the proposed lead hazard reduction
program and how it will be based on the evidence or predicted prevalence of lead poisoning, the
presence of lead hazards, high risk children, and high-risk housing in any proposed target area(s).
For you to receive maximum points for this factor, there must be a direct relationship between
your proposed activities in the target area(s) and the documented community needs on
addressing capacity/barriers issues.
1.
Document the following target area(s) data in the chart below (20 points)
Table 1A: Target Area Data (20 Points)
Maximum Target Area Data
Points
4 points
Target
Area
Results
# of Pre-1940 Housing #
Units
Comparison
Data
Comparison Justification of
Data Results need percentage
Total Housing
Units
#
%
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3 points
# of Pre-1978 Housing #
Units
Total Housing
Units (ALL)
#
%
3 points
# of Housing Choice
#
Vouchers in target area
Total Housing
Units
#
%
3 points
# of Children under six #
(6) years of age
Total
Population
(ALL AGES)
#
%
3 points
# or % of families <
80% AMI in target
area
Total
population (all
ages)
#
%
4 points
# or % of families <
#
50% AMI in target area
Total
#
populations (all
ages)
%
#
Data Sources, including Website Addresses, for Table 1A:
Housing Data Source
Population and
Children Data Source
Area Median Income
Data Source
2) Narrative Response (Other Barriers/Capacity Issues) (20 points) Summarize specific capacity
issues and barriers your community is facing which has prevented the implementation of a lead
hazard control program in your jurisdiction (e.g., lack of contractor pool, lack of quality EBL
data, lack of clinical case management program, etc.) and how this funding will be used to
address these issues. The summary should also include specifics about plans/activities to resolve
barrier(s) and the relationship to the community capacity needs if you are awarded funding.
Applicants need to describe their work plan to address key capacity issues related to a minimum
of five or more of the following program components:
a. Training /contractor pool development;
b. Community outreach/marketing of program;
c. Developing and implementing procedures/guidelines governing program elements;
d. Qualified staff and organizational experience;
e. Building housing intake pipeline(s) (e.g., EBL referrals) and delivery systems;
f. Developing key partnerships/subgrantees;
g. Developing data systems and evaluation matrices;
h. Developing appropriate financing mechanisms;
i. Integrating lead hazard control into existing housing repair programs;
j. Obtaining high quality data in order to target resources where need is greatest; and
k. Developing systems for sustaining a viable lead hazard control program after the grant.
Rating Factor (3) Budget Proposal
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Maximum Points: 20
Budget Planning Documentation (Require separate attachment): (10 points).
You must provide a HUD Detailed Budget Worksheet (HUD_424 CBW) to estimate the cost of
your program. They will be evaluated on the extent to which resources seem reasonable and
appropriate for this type of project. Estimate of all applicable costs, to include direct, indirect,
and administrative expenses. (For more details on allowable costs, please reference section F.
Program Specific Requirements).
Budget Justification Narrative (Required separate attachments): (10 points)
You must provide and thoroughly estimate all applicable costs, including direct, indirect, and
administrative expenses, and present them in a clear and coherent format. Note that HUD is not
required to approve or fund all proposed activities if awarded. In completing your
estimations, you must document and justify all budget categories and costs and all major tasks of
your organization, sub-recipients, major sub-contractors, joint venture participants, or others
contributing resources to the project.
a. Fiscal Oversight and Management (8 points)
A detailed description of how the grant program funds will be managed. What fiscal system will
be used and the people responsible for oversight and management of the budget? How will the
grant program funds be kept separate from other funding the agency receives? What controls
will be in place to ensure integrity, fiscal management and minimize co-mingling or
mismanagement of funds?
b. Section 3 Strategy (2 Points):
1. Describe your strategy for hiring local low-income residents, providing training
opportunities, and awarding contracts to local Section 3 businesses.
2. Applicants should:
a) outline their plan to notify residents and contractors about jobs and contracts that may
become available;
b) notify potential contractors about the requirements of Section 3;
c) hire community residents and award contracts to local businesses; and
d) assist in obtaining compliance among contractors and subcontractors.
Section 3
In accordance with HUD's Section 3 regulations at 24 CFR 75.7, your application will receive up
to 2 points based the quality of Section 3 plans submitted. The program office will consider the
following in evaluating the quality of the Section 3 plan: where relevant and exclude Section 3
scoring where the nature of the grant being awarded is incompatible with Section 3 endeavors. If
points are included, the applicable program office/area will be responsible for determining how
the “quality of Section 3 plans” will be evaluated.
2. Other Factors
Preference Points
This NOFO supports the following policy initiatives. If your application demonstrates the
appropriate information for the policy initiative, your application will receive up to two (2)
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points for each initiative, and will receive no more than a total of four (4) points. These points
are added to your application's overall score.
Promise Zones (PZ) (2 points)
Minority-Serving Institutions (2 points)
You may choose to voluntarily commit to address policy initiatives in your application.
Addressing these policy initiatives is not a requirement to apply for or receive an award. If you
choose to address a voluntary policy initiative in your application, however, you will be required
to adhere to the information submitted with your application should you receive an award. The
proposed information will be included as a binding requirement of any federal award you receive
as a term and condition of that award.
This program does not offer points for Environmental Justice.
This program does not offer preference points related to HBCUs.
Minority-Serving Institutions
Pursuant to Executive Orders 13985, 14041, 14045, and 14031, you may receive up to two (2)
preference points if you are an applicant designated as a minority-serving institution (MSI) or if
your application proposes one or more partnerships with minority-serving educational
institutions that have been historically underserved.
An applicant partnering with an HBCU, Hispanic-Serving Institution, Tribal-controlled
postsecondary institution, Alaskan Native-serving or Native-Hawaiian-serving institution,
Predominantly Black Institution, Asian and Pacific Islander-serving institution, or Native
American-serving nontribal institution will receive up to two (2) Preference Points when the
application includes a Letter of Commitment certifying that a partnership is in place and signed
by an authorizing official of the MSI and documentation of the college or university's status as
an HBCU, Hispanic-serving institution, Tribal-controlled postsecondary institution, Alaska
Native-serving or Native-Hawaiian-serving institution, Predominantly Black Institution, Asian
and Native American Pacific Islander-serving institution, or Native American-serving nontribal
institution.
Promise Zones
HUD encourages activities in Promise Zones (PZ). To receive Promise Zones Preference Points,
applicants must submit form HUD-50153, “Certification of Consistency with Promise Zone
Goals and Implementation,” signed by the Promise Zone Official authorized to certify the project
meets the criteria to receive preference points. To view the list of designated Promise Zones and
persons authorized to certify, see the Promise Zone pages on HUD’s website.
B. Review and Selection Process
1. Past Performance
In evaluating applications for funding, HUD will consider an applicant’s past performance in
managing funds. Items HUD will consider include, but are not limited to:
The ability to account for funds in compliance with applicable reporting and recordkeeping
requirements
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Timely use of funds received from HUD
Timely submission and quality of reports submitted to HUD
Meeting program requirements
Meeting performance targets as established in the grant agreement
The applicant's organizational capacity, including staffing structures and capabilities
Timely completion of activities and receipt and expenditure of promised matching or leveraged
funds
The number of persons served or targeted for assistance
Promoting self-sufficiency and economic independence
Producing positive outcomes and results
HUD may reduce scores based on the past performance review, as specified under V.A. Review
Criteria. Whenever possible, HUD will obtain and review past performance information. If this
review results in an adverse finding related to integrity of performance, HUD reserves the right
to take any of the remedies provided in the Pre-Selection Review of Performance section of the
Eligibility Requirements for Applicants of HUD Financial Assistance Programs.
2. Assessing Applicant Risk
In evaluating risks posed by applicants, HUD may use a risk-based approach and may consider
any items such as the following:
(1) Financial stability;
(2) Quality of management systems and ability to meet the management standards prescribed
in this part;
(3) History of performance. The applicant's record in managing Federal awards, if it is a prior
recipient of Federal awards, including timeliness of compliance with applicable reporting
requirements, failing to make significant progress in a timely manner, failing to meet planned
activities in a timely manner, conformance to the terms and conditions of previous Federal
awards, and if applicable, the extent to which any previously awarded amounts will be
expended prior to future awards;
(4) Reports and findings from audits performed under Subpart F—Audit Requirements of
this part or the reports and findings of any other available audits; and
(5) The applicant's ability to effectively implement statutory, regulatory, or other
requirements imposed on non-Federal entities.
3. Experience Promoting Racial Equity
In evaluating applications for funding, HUD will consider the extent to which the application
demonstrates that the applicant has the experience and the resources to effectively address the
needs of underserved communities, particularly Black and Brown communities. This may
include experience successfully working directly with such groups, experience designing or
operating programs that equitably benefit such groups, or experience successfully advancing
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racial equity in other ways. This may also include experience soliciting, obtaining, and applying
input from such groups when designing, planning, or implementing programs and activities.
VI. AWARD ADMINISTRATION INFORMATION
A. Award Notices
Following the evaluation process, HUD will notify successful applicants of their selection for
funding. HUD will also notify other applicants, whose applications were received by the
deadline but were not chosen for award. Notifications will be sent by email to the person listed as
the AOR in item 21 of the SF-424.
1. Final Grant
After HUD has made selections, HUD will finalize specific terms of the award and budget in
consultation with the selected applicant. If HUD and the selected applicant do not finalize the
terms and conditions of the award in a timely manner, or the selected applicant fails to provide
requested information, an award will not be made to that applicant. In this case, HUD may select
another eligible applicant. HUD may also impose specific conditions on an award as provided
under 2 CFR 200.208.
2. Adjustments to Funding
To ensure the fair distribution of funds and enable the purposes or requirements of a specific
program to be met, HUD reserves the right to fund less than the amount requested in an
application.
a. HUD may fund no portion of an application that:
(1) Is ineligible for funding under applicable statutory or regulatory requirements;
(2) Fails, in whole or in part, to meet the requirements of this notice;
(3) Duplicates activities funded by other federal awards; or
(4) Duplicates activities funded in a prior year.
b. HUD may adjust the funding for an application to ensure funding diversity, geographic
diversity, and alignment with HUD administrative priorities.
c. If an applicant turns down an award offer, or if HUD and an applicant do not finalize the terms
and conditions of the award in a timely manner, HUD may withdraw the award offer and make
an offer of funding to another eligible application.
d. If funds remain after all selections have been made, remaining funds may be made available
within the current fiscal year for other competitions within the program area, or be held for
future competitions (if allowable in accordance with the applicable appropriation or authorizing
statute), or be used as otherwise provided by authorizing statute or appropriation.
e. If, after announcement of awards made under the current NOFO, additional funds become
available either through the current appropriations, a supplemental appropriation, other
appropriations or recapture of funds, HUD may, in accordance with the appropriation, use the
additional funds to provide additional funding to an applicant awarded less than the requested
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amount of funds to make the full award, and/or to fund additional applicants that were eligible to
receive an award but for which there were no funds available.
3. Funding Errors
If HUD commits an error that when corrected would cause selection of an applicant during the
funding round of a Program NOFO, HUD may select that applicant for funding, subject to the
availability of funds. If funding is not available to award in the current fiscal year, HUD may
make an award to this applicant during the next fiscal year, if funding is available.
4. Applicants Selected for Award
a. Successful applicants will receive a letter from the Office of Lead Hazard Control and
Healthy Homes Grant Officer providing details regarding the effective start date of the grant
agreement and any additional data and information to be submitted to execute the grant. This
letter is not an authorization to begin work or incur costs under the grant.
b. HUD may require that a selected applicant participate in negotiations to determine the
specific terms of the grant agreement and budget. Should HUD not be able to successfully
conclude negotiations with a selected applicant within a period determined by HUD, an
award will not be made. If you accept the terms and conditions of the grant agreement, you
must return a signed grant agreement by the date specified.
Instructions on how to have the grant agreement account entered into HUD’s Line of Credit
Control System (LOCCS) payment system will be provided. Other forms and program
requirements will be provided. In accordance with OMB Circular A-133 (Audits of States, Local
Governments and Nonprofit Organizations), if you expend $500,000 in federal funds in a single
year, you must follow the requirements of the Single Audit Act and must submit your completed
audit-reporting package along with the Data Collection Form (SF-SAC) to the Single Audit
Clearinghouse. The address can be obtained from their website. The SF-SAC can be downloaded
at: http://harvester.census.gov/sac/.
B. Administrative, National and Departmental Policy
Requirements and Terms for HUD Applicants and
Recipients of Financial Assistance Awards
Unless otherwise specified, the following Administrative, National and Department Policy
Requirements and Terms for HUD Financial Assistance Awards apply. Failure to comply with
these requirements may impact your ability to receive or retain a financial assistance award from
HUD. Read the requirements carefully as the requirements are different among HUD’s
programs.
1. Compliance with The Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations
at 24 CFR part 100 et seq
2. Compliance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d-2000d-4
(Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR
part 1
3. Compliance with the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and
implementing regulations at 24 CFR part 146
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4. Compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR part 8
5. Compliance with the Americans with Disabilities Act, 42 U.S.C. 12101 et seq
6. Compliance with Affirmatively Furthering Fair Housing (AFFH) requirements, including
those listed on HUD's Affirmatively Furthering Fair Housing webpage
7. Compliance with Economic Opportunities for Low-and Very Low-income Persons (Section 3)
requirements, including those listed at 24 CFR part 75
8. Compliance with Improving Access to Services for Persons with Limited English Proficiency
(LEP) requirements, including those listed within Federal Register Notice, FR-4878-N-02 (also
see HUD's webpage)
9. Compliance with Accessible Technology requirements, including those listed on in HUD's
Policy on Section 508 of the Rehabilitation Act and Accessible Technology
10. Compliance with Equal Access Requirements (see 24 CFR 5.105(a)(2) and 5.106)
11. Compliance with Ensuring the Participation of Small Disadvantaged Business, and WomenOwned Business requirements at 2 CFR 200.321
12. Compliance with Energy Efficient, Sustainable, Accessible, and Free from Discrimination by
Design
13. Compliance with Real Estate Acquisition and Relocation requirements (see 49 CFR part 24
and applicable program regulations)
14. Compliance with Participation in HUD-Sponsored Program Evaluation (see Federal Register
Notice, FR-6278-N-01)
15. Compliance with OMB Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (see 2 CFR part 200)
16. Compliance with Drug-Free Workplace requirements (see 2 CFR part 2429, which is HUD's
implementation of 41 U.S.C. 701, et seq.)
17. Compliance with the requirements related to safeguarding resident/client files
18. Compliance with the Federal Funding Accountability and Transparency Act of 2006 (2 CFR
part 170) (FFATA), as amended
19. Compliance with Eminent Domain
20. Compliance with Accessibility for Persons with Disabilities requirements on HUD's
Disability Overview webpage
21. Compliance with Violence Against Women Act at 24 CFR part 5, subpart L and applicable
program regulations
22. Compliance with Conducting Business in Accordance with Ethical Standards/Code of
Conduct, including 2 CFR 200.317, 2 CFR 200.318(c) and other applicable conflicts of interest
requirements
23. Compliance with the Build America, Buy America (BABA) Act procurement requirements
and implementing guidance available on HUD's dedicated webpage
24. Compliance with System for Award Management and Universal Identifier Requirements at 2
CFR part 25
25. Compliance with section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA),
as amended (22 USC 7104(g)) and implementing regulations at 2 CFR part 175 (Award Term for
Trafficking in Persons)
26. Compliance with Award Term and Condition for Recipient Integrity and Performance
Matters (see Appendix XII to 2 CFR part 200)
27. Compliance with Suspension and Debarment (see 2 CFR part 2424 and 2 CFR part 180)
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28. Compliance with environmental justice requirements under Executive Orders 12898 and
14008, and OMB Memorandum M-21-28, which implements the Justice40 Initiative, section 223
of Executive Order 14008.
29. Compliance with Eliminating Barriers That May Unnecessarily Prevent Individuals with
Criminal Histories from Participation in HUD Programs (see HUD Secretary Fudge's April 12,
2022 memorandum)
30. Compliance with equity requirements, which include compliance with racial equity and
underserved communities and LGBTQ+ requirements under Executive Orders 13985 and 13988
31. Compliance with 41 U.S.C. § 4712, which includes informing your employees in writing of
their rights and remedies in the predominant native language of the workforce. Under 41 U.S.C.
§ 4712, employees of a contractor, subcontractor, grantee, subgrantee, and personal services
contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for
disclosing information that the employee reasonably believes is evidence of gross
mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of
authority relating to a Federal contract or grant, a substantial and specific danger to public health
or safety, or a violation of law, rule, or regulation related to a Federal contract (including the
competition for or negotiation of a contract) or grant. (See Federal Contractor or Grantee
Protections | Office of Inspector General, Department of Housing and Urban Development
(hudoig.gov).
Environmental Review
Compliance with environmental requirements, including regulations at 24 CFR part 50 or 58:
Environmental Requirements for this NOFO are provided in Appendix D.
Prohibition on Surveillance
Compliance with 2 CFR 200.216, Prohibition on Certain Telecommunication and Video
Surveillance Services or Equipment is required.
Remedies for Noncompliance
HUD may terminate a Federal award, in whole or in part, for any of the reasons specified in 2
CFR 200.340, Termination.
Lead-Based Paint Requirements
When providing housing assistance funding for purchase, lease, support services, operation, or
work that may disturb painted surfaces, of pre-1978 housing, you must comply with the leadbased paint evaluation and hazard reduction requirements of HUD’s lead- based paint rules
(Lead Disclosure; and Lead Safe Housing (24 CFR part 35)); and EPA’s lead- based paint rules
(e.g., Repair, Renovation and Painting; Pre-Renovation Education; and Lead Training and
Certification (40 CFR part 745)).
Discrepancies between the NOFO on Grants.gov and other Documents
The Program NOFO posted at the Grants.gov website is the official document HUD uses to
solicit applications. Applicants are advised to review their application submission against the
requirements in the posted Program NOFO. If there is a discrepancy between the Program
NOFO posted on Grants.gov and other information provided in any other copy or version or
supporting documentation, the posted Program NOFO located at Grants.gov prevails. If
discrepancies are found, please notify HUD immediately by calling the program contact listed in
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the Program NOFO. HUD will post any corrections or changes to a Program NOFO on the
Grants.gov website. Applicants must enroll an email address at the application download page to
receive an e-mail alert from Grants.gov in the event the opportunity is changed.
Eliminating Barriers That May Unnecessarily Prevent Individuals with Criminal Histories
from Participation
In accordance with HUD Secretary Fudge’s April 12, 2022, memorandum, Eliminating Barriers
That May Unnecessarily Prevent Individuals with Criminal Histories from Participating in HUD
Programs, you must not exclude a person’s housing unit or property from enrollment in this
grant program, nor exclude a person from participating in a program, service, or activity under
this grant program, based on arrest records only. You must ensure that any reliance on a person’s
conviction history is based on records and evidence showing that it will actually promote safety.
You must also ensure that no person is excluded for criminal history without taking into account
mitigating circumstances, such as the length of the time since the offense, the nature and severity
of the offense, and evidence of rehabilitation. Before excluding an individual because of a
criminal record, you should offer that individual the opportunity to provide evidence of
mitigating circumstances or that the record is inaccurate.
C. Reporting
HUD requires recipients to submit performance and financial reports under OMB guidance and
program instructions.
1. Recipient Integrity and Performance Matters
You should be aware that if the total Federal share of your federal award includes more than
$500,000 over the period of performance, the award will be subject to post award reporting
requirements reflected in Appendix XII to 2 CFR part 200, Award Terms and Conditions for
Recipient Integrity and Performance Matters.
2. Race, Ethnicity and Other Data Reporting
HUD requires recipients that provide HUD-funded program benefits to individuals or families to
report data on the race, color, religion, sex, national origin, age, disability, and family
characteristics of persons and households who are applicants for, participants in, or beneficiaries
or potential beneficiaries of HUD programs in order to carry out the Department’s
responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights
Act of 1964, and Section 562 of the Housing and Community Development Act of 1987. These
authorities prohibit discrimination in housing and in programs receiving financial assistance
from the Department and direct the Secretary to administer the Department's programs and
activities in a manner affirmatively to further these policies and to collect certain data to assess
the extent of compliance with these policies. Each recipient shall keep such records and submit
to the Department timely, complete, and accurate compliance reports at such times, and in such
form and containing such information, as the Department may determine to be necessary to
enable it to ascertain whether the recipient has complied or is complying with 24 CFR parts 1
and 121. In general, recipients should have available for the Department data showing the
demographics of beneficiaries of federally-assisted programs.
FOIA Reporting. HUD makes frequently requested materials, including information on the
highest-scoring funding grant applications available on its Freedom of Information Act (FOIA)
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website . To avoid disclosure of personally identifiable information (45 CFR 75.2; PII),
proprietary information, business confidential information, or other content that should not be
disclosed to the public, HUD will only post applications redacted pursuant to FOIA. Those
recipients who receive the highest score in each competition must provide a redacted version of
their applications within 30 days of notification from HUD that they submitted the highestscoring application. If multiple applicants receive the same score, all of them will be asked to
submit redacted applications. When submitting a redacted version, recipients may black out
information that would be considered trade secrets and commercial or financial information and
the information is privileged or confidential, as provided in 5 U.S.C. §552(b)(4), should the
information be disclosed to the public. HUD will take the recipient’s proposed redactions under
advisement when determining what information should be released to the public.
3. Compliance with the Federal Funding Accountability and Transparency Act of 2006
(Pub. L. 109-282) as amended (FFATA)
FFATA requires information on federal awards be made available to the public via a single,
searchable website, which is www.USASpending.gov. Accordingly, each award HUD makes
under this NOFO will be subject to the requirements provided by the Award Term in Appendix
A to 2 CFR part 170, “REPORTING SUBAWARD AND EXECUTIVE COMPENSATION
INFORMATION,” unless the Federal funding for the award (including funding that may be
added through amendments) is not expected to equal or exceed $30,000. Requirements under this
Award Term include filing subaward information in the Federal Funding Accountability and
Transparency Act (FFATA) Sub-award Reporting System (FSRS.gov) by the end of the month
following the month in which the recipient awards any sub-grant equal to or greater than
$30,000.
4. Program-Specific Reporting Requirements
If you execute a grant under this NOFO, reports must comply with the specific program
reporting requirements as described below:
-If you purchase X-ray fluorescence (XRF) analyzers in excess of $5,000 a piece, you must
complete and submit to OLHCHH the General Services Administration's annual Tangible
Personal Property Report, This report has five components: cover sheet (SF-428), Annual
Report (SF-428-A), the Final (Award Closeout) Report (SF-428-B), the Disposition
Report/Request (SF-428-C), and, if needed, the Supplemental Sheet (SF-428-S); these forms
can be accessed through https://www.gsa.gov/reference/forms?search_keyword=tangible.
Generally, the average estimated time to complete each of these components is 0.5 hours; it
is likely to be less for this grant program.
-Transparency Act Reporting. You must report on funding and expenditures for yourself and
sub recipients to meet the requirements of the Federal Funding Accountability and
Transparency Act of 2006.
-Quarterly Progress Reports - Quarterly reports will be due 30 days after the quarter ends
following the initiation of the grant through project close-out but should be submitted as
soon as possible after the end of the quarter. Quarterly reports must reflect activities
undertaken, obstacles encountered, solutions achieved, and accomplishments in each
calendar quarter. Also, a separate document illustrating the match contribution for each
quarter is required (See section 6, Amount of Cost Share). Contracts, training materials,
protocols, rosters of persons trained, outreach and educational materials prepared, and other
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significant products developed to implement, analyze, or control the project or disseminate
information shall be submitted with the quarterly reports as attachments.
-Federal Financial Report (FFR) Standard Form-425 - Grantee shall submit an FFR for each
grant quarterly. FFRs are due 30 days after the quarter ends. A final FFR shall be required
after the award agreement and shall use the end date of the project or grant period as the
reporting end date. Final FFRs shall be submitted no later than 120 days after the project or
grant period end date. Extensions of reporting due dates may be approved by the GTR upon
request of the recipient.
-Final Report - The Final Report shall summarize the applicant’s plans, execution of the
plans, achievements noted, and lessons learned. The report need not be lengthy but should be
of quality and detail to provide a freestanding description to any outside reader of all the
applicant’s work and achievements under the grant and compare the grantee's proposal of
achievements with actual results. Specific and detailed guidance on preparing the forms and
the narratives may be obtained from the GTR identified on form HUD-1044. See section
II.10 “Closeout” and Policy Guidance Number 2020-06 – “Closeout procedures for
OLHCHH Grantees.”
D. Debriefing
For a period of at least 120 calendar days, beginning 30 calendar days after the public
announcement of awards under this NOFO, HUD will provide a debriefing related to their
application to requesting applicants. A request for debriefing must be made in writing or by
email by the AOR whose signature appears on the SF-424 or by his or her successor in office and
be submitted to the POC in Section VII Agency Contact(s) of this NOFO. Information provided
during a debriefing may include the final score the applicant received for each rating factor, final
evaluator comments for each rating factor, and the final assessment indicating the basis upon
which funding was approved or denied.
VII. AGENCY CONTACT(S)
HUD staff will be available to provide clarification on the content of this NOFO.
Questions regarding specific program requirements for this NOFO should be directed to the POC
listed below.
Name:
Victoria L Jackson
Phone:
202-402-3167
Email:
victoria.l.jackson@hud.gov
Individuals who are deaf or hard of hearing, or who have speech and other communication
disabilities may use a relay service to reach the agency contact. To learn more about how to
make an accessible telephone call, visit the webpage for the Federal Communications
Commission. Note that HUD staff cannot assist applicants in preparing their applications.
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VIII. OTHER INFORMATION
1. Compliance of this NOFO with the National Environmental Policy Act (NEPA)
A Finding of No Significant Impact (FONSI) with respect to the environment has been made for
this NOFO in accordance with HUD regulations at 24 CFR part 50, which implement section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)). The FONSI is available for inspection at HUD’s Funding Opportunities web page.
2. Web Resources.
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Affirmatively Furthering Fair Housing
Assistance Listing (formerly CFDA)
Climate Action Plan
Climate and Economic Justice Screening Tool (CEJST)
Code of Conduct Requirements and E-Library
Environmental Review
Equal Participation of Faith-Based Organizations
Fair Housing Rights and Obligations
Federal Awardee Performance and Integrity Information System
Federal Funding Accountability and Transparency Act (FFATA) Subaward
Reporting System
Grants.gov
Healthy Homes Strategic Plan
Healthy Housing Reference Manual
Historically Black Colleges and Universities (HBCUs)
HUD’s Strategic Plan
HUD Grants
HUD Reform Act
HUD Reform Act: HUD Implementing Regulations
Limited English Proficiency (LEP)
NOFO Webcasts
Procurement of Recovered Materials
Promise Zones
Section 3 Business Registry
State Point of Contact List
System for Award Management (SAM)
Real Estate Acquisition and Relocation
Unique Entity Identifier
USA Spending
3. Program Relevant Web Resources
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APPENDIX
APPENDIX A: Program Definitions
APPENDIX B: Sample Budget Narrative
APPENDIX C: Targeting Disadvantaged Communities for Lead Hazard Reduction Capacity
Building Grants
APPENDIX D: Environmental Requirements
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File Type | application/pdf |
File Title | Lead Hazard Reduction Capacity Building Grant Program |
File Modified | 2018:08:24 19:00:00Z |
File Created | 2016:12:20 14:59:00Z |