[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Notices]
[Pages 76614-76624]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31167]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY


Community Development Financial Institutions Fund

    Funding Opportunity Title: Notice of Funds Availability (NOFA) 
inviting applications for the Community Development Financial 
Institutions (CDFI) Program FY 2013 Funding Round (FY 2013 Funding 
Round).
    Announcement Type: Announcement of funding opportunity.

Catalog of Federal Domestic Assistance (CFDA) Number: 21.020.

    Dates: Applications for Financial Assistance (FA) or Technical 
Assistance (TA) awards through the FY 2013 Funding Round of the CDFI 
Program must be received by 11:59 p.m. Eastern Time (ET), February 28, 
2013.
    Executive Summary: Subject to funding availability, this NOFA is 
issued in connection with the FY 2013 Funding Round of the CDFI 
Program, administered by the Community

[[Page 76615]]

Development Financial Institutions (CDFI) Fund.

I. Funding Opportunity Description

    A. Award Requirements: Through the CDFI Program, the CDFI Fund 
provides FA awards and TA grants. FA awards are made to Certified CDFIs 
that complete and submit a CDFI Program Application (Application) and 
meet the FA requirements set forth in this NOFA, subject to funding 
availability. The CDFI Fund requires that in order for an Applicant to 
be eligible for an award under this NOFA, they must be a newly 
Certified CDFI (certified within the last three calendar years) or 
recertified in FY 2013. (For further information, please see Section 
III.A.3 of this NOFA.) In addition, in FY 2013, the CDFI Fund will make 
FA awards through the Healthy Food Financing Initiative (HFFI-FA) to 
Certified CDFIs that meet the HFFI-FA requirements set forth in this 
NOFA. TA grants are made to Certified CDFIs and entities proposing to 
become certified that complete and submit the CDFI Program Application 
and meet the TA requirements set forth in this NOFA.
    B. Program Regulations: The regulations governing the CDFI Program 
are found at 12 CFR Parts 1805 and 1815 (the Regulations) and provide 
guidance on evaluation criteria and other requirements. Details 
regarding Application content requirements are found in the Application 
and related materials. Each capitalized term in this NOFA is further 
defined in this NOFA, the Regulations, or the Application. The CDFI 
Fund encourages Applicants to review the Regulations in addition to 
this NOFA.
    C. The CDFI Fund reserves the right to fund, in whole or in part, 
any, all, or none of the Applications submitted in response to this 
NOFA. The CDFI Fund reserves the right to reallocate funds from the 
amount that is anticipated to be available through this NOFA to other 
CDFI Fund programs, particularly if the CDFI Fund determines that the 
number of awards made through this NOFA is fewer than projected.
    D. Coordination with Broader Community Development Strategies: 
Consistent with Federal efforts to promote community revitalization, it 
is important for communities to develop a comprehensive neighborhood 
revitalization strategy that addresses neighborhood assets essential to 
transforming distressed neighborhoods into healthy and vibrant 
communities. Neighborhood transformation can best occur when 
comprehensive neighborhood revitalization plans embrace the coordinated 
use of programs and resources that address the interrelated needs 
within a community. Although not a requirement for participating in the 
CDFI Program, the Federal government believes that a CDFI will be most 
successful when it is part of, and contributes to, an area's broader 
neighborhood revitalization strategy.

II. Award Information

    A. Funding Availability: 1. FY 2013 Funding Round: Subject to 
funding availability, the CDFI Fund expects to award, through this 
NOFA, approximately $153 million in the manner indicated in the 
following table:

                  Table 1--FY 2013 Funding Round Awards
------------------------------------------------------------------------
                                                         Proposed total
                                                          amount to be
                  Funding categories                       awarded ($
                                                            million)
------------------------------------------------------------------------
Category I/SECA.......................................                15
Category II/Core......................................               110
TA....................................................                 3
Total.................................................               128
HFFI-FA *.............................................                25
------------------------------------------------------------------------
* Approximately 20 percent of HFFI-FA funding will be targeted to SECA
  applicants.

    Furthermore, in FY 2012, Congress mandated that at least ten 
percent of the CDFI Program's appropriations be directed to counties 
that meet certain criteria for ``persistent poverty.'' This requirement 
continues under the current Continuing Resolution for FY 2013 
appropriations. As a result, the CDFI Fund invites Applicants to 
indicate their level of participation in counties of persistent poverty 
in their FY 2013 applications. The CDFI Fund reserves the right to 
award more or less than the amounts cited above in each category in the 
FY 2013 Funding Round, based upon available funding and other 
applicable factors.
    2. Availability of Funds for the FY 2013 Funding Round: Funds for 
the FY 2013 Funding Round have not yet been appropriated. If funds are 
not appropriated for the CDFI Program, there will not be a FY 2013 
Funding Round. If funds are appropriated, the amount of such funds may 
be greater or less than the amounts set forth above. If funds for the 
FY 2013 Funding Round for the Native American CDFI Assistance (NACA) 
Program are not appropriated, entities eligible to apply for CDFI 
Program funds that would have applied for NACA Program funding, are 
encouraged to apply for CDFI Program funds through this NOFA.
    All awards made through this NOFA must be used to support the 
Applicant's activities. Awards cannot be used to support the activities 
of, or otherwise be passed through, transferred, or co-awarded to, 
third-party entities, whether Affiliates, Subsidiaries, or others. The 
entity that is to carry out the responsibilities of the award and 
deploy the award funds (the Awardee) must be the entity that applies 
for the award. In cases where CDFI bank holding company Applicants 
intend to deploy their FA awards through their 100 percent wholly-owned 
CDFI subsidiary bank, applications must be made at the CDFI bank 
holding company level and reflect consolidated activities and financial 
performance. Authorized representatives of both the holding company and 
the bank will be required to certify that the information included in 
the Application represents that of the CDFI bank and that the award 
funds will be used to capitalize the CDFI bank for the activities 
outlined in the Application.
    B. Types of Awards: An Applicant may submit an Application for a TA 
grant or an FA award. FA awards include CDFI Program FA and HFFI-FA:
    1. FA Awards: FA awards provide flexible financial support to CDFIs 
so they may achieve the strategies outlined in their Applications. FA 
awards can be used in the following five categories: (i) Financial 
Products; (ii) Financial Services; (iii) Development Services; (iv) 
Loan Loss Reserves; and (v) Capital Reserves. For purposes of this 
NOFA, the five categories mean:

                                         Table 2--Five Categories of FA
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
(i) Financial Products...........................................  Loans, grants, equity investments, and
                                                                    similar financing activities, including the
                                                                    purchase of loans that the Applicant
                                                                    originates and the provision of loan
                                                                    guarantees, in the Applicant's Target
                                                                    Market, or for related purposes that the
                                                                    CDFI Fund deems appropriate (including
                                                                    administrative funds used to carry out
                                                                    Financial Products).

[[Page 76616]]

 
(ii) Financial Services..........................................  Checking and savings accounts, certified
                                                                    checks, automated teller machines services,
                                                                    deposit taking, remittances, safe deposit
                                                                    box services, and other similar services
                                                                    (including administrative funds used to
                                                                    carry out Financial Services).
(iii) Development Services.......................................  Activities that promote community development
                                                                    and help the Applicant provide its Financial
                                                                    Products and Financial Services, including
                                                                    financial or credit counseling, housing and
                                                                    homeownership counseling (pre- and post-),
                                                                    self-employment technical assistance,
                                                                    entrepreneurship training, and financial
                                                                    management skill-building (including
                                                                    administrative funds used to carry out
                                                                    Development Services).
(iv) Loan Loss Reserves..........................................  Funds set aside in the form of cash reserves,
                                                                    or through accounting-based accrual
                                                                    reserves, to cover losses on loans,
                                                                    accounts, and notes receivable made in the
                                                                    Target Market, or for related purposes that
                                                                    the CDFI Fund deems appropriate (including
                                                                    administrative funds used to carry out Loan
                                                                    Loss Reserves).
(v) Capital Reserves.............................................  Funds set aside as reserves to support the
                                                                    Applicant's ability to leverage other
                                                                    capital, for such purposes as increasing its
                                                                    net assets or serving the financing needs of
                                                                    its Target Market, or for related purposes
                                                                    that the CDFI Fund deems appropriate
                                                                    (including administrative funds used to
                                                                    carry out Capital Reserves).
----------------------------------------------------------------------------------------------------------------

    The CDFI Fund may provide FA awards in the form of equity 
investments (including secondary capital in the case of certain Insured 
Credit Unions), grants, loans, deposits, credit union shares, or any 
combination thereof. The CDFI Fund reserves the right, in its sole 
discretion, to provide a FA award in a form and amount other than that 
which the Applicant requests; however, the award amount will not exceed 
the Applicant's award request as stated in its Application.
    2. Healthy Food Financing Initiative (HFFI) and HFFI-FA awards: (a) 
Overview. The United States Department of Agriculture (USDA), the 
United States Department of Health and Human Services (HHS), and the 
United States Department of the Treasury are working together to 
support projects that increase access to healthy, affordable food in 
low-income neighborhoods that lack access to healthy food options. As 
part of a coordinated effort called the Healthy Food Financing 
Initiative (HFFI), these three agencies aim to expand the availability 
of nutritious food through the establishment of healthy food retail 
outlets, including developing and equipping grocery stores, small 
retailers, corner stores, and farmers markets to help revitalize 
neighborhoods that currently lack these options.
    In addition to the CDFI and NACA Programs, the HFFI involves: (i) 
The New Markets Tax Credit (NMTC) Program, also administered by the 
CDFI Fund; (ii) the Community and Economic Development (CED) Program, 
which HHS administers; and (iii) several programs that USDA administers 
including, among others, the Business and Industry (B&I) Program and 
the Intermediary Relending Program (IRP). Each of these programs 
provides a unique mechanism to support initiatives aimed at increasing 
access to healthy food. When these programs are combined, public 
dollars can act far more effectively as a market catalyst by providing 
the full range of financing to local actors--a key step to addressing 
the problem of limited access to affordable and nutritious food. 
Instead of approaching this problem through separate agency and program 
silos, the HFFI will use a collaborative approach involving the 
resources of all three agencies. For more information about this 
initiative, please visit the HFFI Web site at http://apps.ams.usda.gov/fooddeserts.
    (b) HFFI-FA Awards. The CDFI Fund expects to make HFFI-FA awards of 
up to $5 million to Certified CDFIs that submit and complete CDFI/NACA 
Program Applications and HFFI-FA Supplemental Questionnaires. The HFFI-
FA Supplemental Questionnaire will only be sent to those Applicants 
indicating in their FY 2013 Application that they intend to apply for 
an HFFI-FA award. The CDFI Fund reserves the right to make awards less 
than or greater than $5 million based upon the questionnaires received 
and the funds available. The FY 2013 HFFI-FA supplemental questionnaire 
will not likely be made available to Applicants until after the FY 2013 
CDFI Program Application deadline. However, a copy of the FY 2012 HFFI-
FA supplemental questionnaire is available for review on the CDFI 
Fund's Web site at www.cdfifund.gov.
    HFFI-FA awards will be provided as a supplement to FA awards; 
therefore, only those Applicants that have been selected to receive a 
FA award through the FY 2013 CDFI Program or NACA Program Funding Round 
will be eligible to receive an HFFI-FA award. Such Applicants will be 
rated and scored separately based upon the HFFI-FA supplemental 
questionnaire responses. HFFI-FA Applicants will be rated, among other 
elements, on the extent of community need, the quality of their HFFI-FA 
strategy, and their capacity to execute that strategy. The CDFI Fund 
may, at its discretion, perform additional due diligence on Applicants 
for this initiative.
    3. TA Grants: (a) The CDFI Fund provides TA as a grant and reserves 
the right, in its sole discretion, to provide a grant for amounts other 
than which the Applicant requests; however, the grant amount will not 
exceed the Applicant's request as stated in its Application and the 
applicable budget chart.
    (b) For purposes of this NOFA, TA eligible uses are: (i) Personnel/
salary; (ii) personnel/fringe; (iii) professional services; (iv) 
travel; (v) training; and (vi) equipment. (Please see the Application 
Guidance for details on TA uses.) TA grants must be used to support the 
Applicant's capacity building activities.
    C. Assistance Agreement: Each Awardee under this NOFA must sign an 
Assistance Agreement before the CDFI Fund will disburse award funds. 
The Assistance Agreement contains the award's terms and conditions. For 
further information, see Section VI.A of this NOFA.

III. Eligibility Information

    A. Eligible Applicants: The Regulations specify the eligibility 
requirements each Applicant must meet in order to be eligible to apply 
for assistance under this NOFA. A CDFI Program Applicant may apply as 
either an FA Applicant or a TA Applicant, but not both. If an Applicant 
applies for both types of awards, it is in the sole discretion of the 
CDFI Fund to disqualify the Applicant or to decide to give the 
Applicant either an FA award or a TA grant.
    1. FA Applicant Categories: FA Applicants must meet the criteria 
listed in Table 3. (Applicants requesting FA funds in excess of the 
allowable amount for Category I will be classified as Category II 
Applicants, regardless of

[[Page 76617]]

their total assets, years in operation, or prior CDFI Fund awards.)

                     Table 3--FA Applicant Criteria
------------------------------------------------------------------------
                                                          Applicant may
     FA Applicant category        Applicant criteria       apply for:
------------------------------------------------------------------------
Category I/Small and/or         (1) Is a Certified/     Up to and
 Emerging CDFI Assistance        Certifiable CDFI AND    including
 (SECA).                         EITHER.                 $600,000 in FA
                                (2) As of the end of     funds and up to
                                 the Applicant's most    and including
                                 recent fiscal year      $5 million in
                                 end or September 30,    FA funds
                                 2012, has total         through HFFI-
                                 assets as follows:.     FA.
                                 Insured
                                 Depository
                                 Institutions and
                                 Depository
                                 Institution Holding
                                 Companies: up to $250
                                 million
                                 Insured
                                 Credit Unions: up to
                                 $10 million
                                 Venture
                                 capital funds: up to
                                 $10 million
                                 Other CDFIs:
                                 up to $5 million
                                OR
                                (3) Began operations*
                                 on or after January
                                 1, 2009..
Category II/Core..............  A Certified/            Up to and
                                 Certifiable CDFI that   including $2
                                 meets all other         million in FA
                                 eligibility             funds; and up
                                 requirements            to and
                                 described in this       including $5
                                 NOFA.                   million in FA
                                                         funds through
                                                         HFFI-FA.
------------------------------------------------------------------------
* The term ``began operations'' is defined as the financing activity
  start date indicated in the Applicant's myCDFIFund account.

    2. TA Applicants: TA Applicants must meet the following criteria:

                     Table 4--TA Applicant Criteria
------------------------------------------------------------------------
                                                          Applicant can
        Applicant type           Criteria of applicant     apply for:
------------------------------------------------------------------------
TA............................  A Certified CDFI, a     Up to $100,000
                                 Certifiable CDFI, or    for capacity-
                                 an Emerging CDFI.       building
                                                         activities.
------------------------------------------------------------------------

    3. CDFI Certification Requirements: In FY 2013, the CDFI Fund 
requires that in order for an Applicant to be eligible for an award 
under this NOFA, they must be a newly Certified CDFI (certified within 
the last three calendar years) or recertified in FY 2013. Early in 
Calendar Year 2013, the CDFI Fund will announce a new process for 
submitting applications for CDFI certification, including the date by 
which any Certifiable CDFI or Certified CDFI must submit its 
application for certification/recertification in order for a 
determination on that application to be made concurrent with the 
announcement of awards under this NOFA. Until such time that a 
determination on a recertification application from a current Certified 
CDFI is made, the Certified CDFI's existing certification remains in 
effect, unless the Certified CDFI has taken actions demonstrating that 
it has failed to preserve and keep in full force and effect its 
certification as a CDFI.

                                    Table 5--CDFI Certification--Requirements
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
(a) Certified CDFI...............................................  An entity that the CDFI Fund has officially
                                                                    notified that it meets all CDFI
                                                                    certification requirements as of the date of
                                                                    this NOFA and continues to meet
                                                                    certification requirements throughout the
                                                                    NOFA application process, leading to the
                                                                    announcement of awards under this NOFA.
(b) Certifiable CDFI.............................................  An entity that has submitted a CDFI
                                                                    Certification Application to the CDFI Fund
                                                                    demonstrating that it meets the CDFI
                                                                    certification requirements but for which the
                                                                    CDFI Fund has not yet officially certified
                                                                    the entity. If the CDFI Fund is unable to
                                                                    certify an Applicant and the Applicant is
                                                                    selected for a FA award, the CDFI Fund may,
                                                                    in its sole discretion, terminate the award
                                                                    commitment. The CDFI Fund will not enter
                                                                    into an Assistance Agreement or disburse FA
                                                                    award funds unless and until an Applicant is
                                                                    certified. A Certifiable CDFI must have
                                                                    submitted a CDFI Certification Application
                                                                    as of the date indicated in Section IV.F of
                                                                    this NOFA to be eligible for FA in the FY
                                                                    2013 round.
(c) Emerging CDFI;...............................................  An entity that demonstrates to the CDFI Fund
                                                                    it has an acceptable plan to meet
                                                                    certification requirements by December 31,
                                                                    2014, or another date selected by the CDFI
                                                                    Fund. Emerging CDFIs may only apply for TA
                                                                    grants; they are not eligible to apply for
                                                                    FA awards. Each Emerging CDFI selected to
                                                                    receive a TA grant will be required,
                                                                    pursuant to its Assistance Agreement with
                                                                    the CDFI Fund, to become certified as a CDFI
                                                                    by a specified date.
----------------------------------------------------------------------------------------------------------------


[[Page 76618]]


                      Table 6--Certification Definition for ``Other Targeted Populations''
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Other Targeted Population as Target Market.......................  An Other Targeted Population is defined as an
                                                                    identifiable group of individuals in the
                                                                    Applicant's Service Area for which there
                                                                    exists strong evidence that they lack access
                                                                    to loans, equity investments, and or/
                                                                    Financial Services. The CDFI Fund has
                                                                    determined there is strong evidence that the
                                                                    following groups of individuals lack access
                                                                    to such products and services on a national
                                                                    level or within their recognized ancestral
                                                                    areas: (i) Native Americans or American
                                                                    Indians, including Alaska Natives living in
                                                                    Alaska; (ii) Blacks or African Americans;
                                                                    (iii) Hispanics or Latinos; (iv) Native
                                                                    Hawaiians living in Hawaii; and (v) other
                                                                    Pacific Islanders living in other Pacific
                                                                    Islands.
                                                                   To define these populations for the purposes
                                                                    of this NOFA, the CDFI Fund uses the
                                                                    following definitions, set forth in the
                                                                    Office of Management and Budget (OMB)
                                                                    Notice, Revisions to the Standards for the
                                                                    Classification of Federal Data on Race and
                                                                    Ethnicity (October 30, 1997), as amended and
                                                                    supplemented:
                                                                      (a) American Indian, Native American, or
                                                                       Alaska Native: A person having origins in
                                                                       any of the original peoples of North and
                                                                       South America (including Central America)
                                                                       and who maintains tribal affiliation or
                                                                       community attachment;
                                                                      (b) Black or African American: A person
                                                                       having origins in any of the black racial
                                                                       groups of Africa (terms such as Haitian
                                                                       or Negro can be used in addition to Black
                                                                       or African American);
                                                                      (c) Hispanic or Latino: A person of Cuban,
                                                                       Mexican, Puerto Rican, South or Central
                                                                       American, or other Spanish culture or
                                                                       origin, regardless of race (the term
                                                                       Spanish origin can be used in addition to
                                                                       Hispanic or Latino);
                                                                      (d) Native Hawaiian (living in Hawaii): A
                                                                       person having origins in any of the
                                                                       original peoples of Hawaii; and
                                                                      (e) Other Pacific Islander (living in
                                                                       other Pacific Islands): A person having
                                                                       origins in any of the original peoples of
                                                                       Guam, Samoa or other Pacific Islands.
----------------------------------------------------------------------------------------------------------------

    4. Limitation on Awards: An Applicant may receive either an award 
through this FY 2013 NOFA or an award through the FY 2013 NACA Program 
NOFA, but not both. Although eligible Applicants can apply for the CDFI 
Program and the NACA Program, they will receive only one FY 2013 award.
    B. Prior Awardees: For purposes of this section, the CDFI Fund will 
consider an Affiliate to be any entity that meets the definition of 
Affiliate in the Regulations or any entity otherwise identified as an 
Affiliate by the Applicant in its Application and/or its myCDFIFund 
account. Prior Awardees should note the following:
    1. $5 Million Funding Cap: The CDFI Fund is currently prohibited 
from obligating more than $5 million in CDFI and NACA Program awards, 
in the aggregate, to any one organization and its Subsidiaries and 
Affiliates during any three-year period. In general, the three-year 
period calculated for the cap extends back three years from the 
Effective Date of the Assistance Agreement between the Awardee and the 
CDFI Fund. However, for purposes of this NOFA, because the funding cap 
was waived for FY 2009, FY 2010, and FY 2011, the CDFI Fund will 
include awards in the cap calculation that were provided to an 
Applicant (or its Subsidiaries or Affiliates) beginning with the FY 
2012 Funding Round, excluding FY 2012 HFFI-FA awards. The CDFI Fund 
will assess the $5 million funding cap applicability during the award 
selection phase.
    Please see the following table for other prior Awardee requirements 
and considerations.

                             Table 7--Prior Awardee Requirements and Considerations
----------------------------------------------------------------------------------------------------------------
                     Prior awardee situation                              Requirements and considerations
----------------------------------------------------------------------------------------------------------------
Failure to Meet Reporting Requirements...........................  The CDFI Fund will not consider an
                                                                    Application if the Applicant or its
                                                                    Affiliate is a prior Awardee/Allocatee under
                                                                    any CDFI Fund program and is not current on
                                                                    the reporting requirements in a previously
                                                                    executed assistance, allocation, or award
                                                                    agreement(s), as of this NOFA's Application
                                                                    deadline. Please note that the CDFI Fund's
                                                                    automated systems for receipt of reports
                                                                    submitted electronically typically
                                                                    acknowledge only a report's receipt. Such an
                                                                    acknowledgment does not verify nor otherwise
                                                                    represent that the report received was
                                                                    complete and therefore met reporting
                                                                    requirements.
Pending Resolution of Noncompliance..............................  If an Applicant is a prior Awardee/Allocatee
                                                                    under any CDFI Fund program and: (i) The
                                                                    entity has submitted reports demonstrating
                                                                    noncompliance with a previously executed
                                                                    agreement with the CDFI Fund, and (ii) the
                                                                    CDFI Fund has yet to make a final
                                                                    determination as to whether the entity is in
                                                                    default of its previously executed
                                                                    agreement, the CDFI Fund will consider the
                                                                    Applicant's Application under this NOFA
                                                                    pending full resolution of the
                                                                    noncompliance, in the sole determination of
                                                                    the CDFI Fund.
Default Status...................................................  The CDFI Fund will not consider an
                                                                    Application submitted by an Applicant that
                                                                    is a prior Awardee/Allocatee under any CDFI
                                                                    Fund program if, as of the Application due
                                                                    date: (i) The CDFI Fund has made a
                                                                    determination that such Applicant is in
                                                                    default of a previously executed assistance,
                                                                    allocation or award agreement and (ii) the
                                                                    CDFI Fund has provided written notification
                                                                    of such determination to the Applicant
                                                                    indicating the length of time the default
                                                                    status is effective.
Undisbursed Award Funds..........................................  The CDFI Fund will not consider an
                                                                    Application if the Applicant is an Awardee
                                                                    under any CDFI Fund program and has
                                                                    undisbursed award funds (as defined below)
                                                                    as of this NOFA's Application deadline. The
                                                                    CDFI Fund will include the combined
                                                                    undisbursed prior awards, as of this NOFA's
                                                                    Application deadline, of the Applicant and
                                                                    its affiliates, including those in which the
                                                                    affiliated entity Controls the Applicant, is
                                                                    Controlled by the Applicant, or shares
                                                                    common management officials with the
                                                                    Applicant as the CDFI Fund determines.

[[Page 76619]]

 
 BEA Program Undisbursed Awards Calculations.............  For the BEA Program, undisbursed award funds
                                                                    will be included in the calculation of
                                                                    undisbursed awards for the Applicant and any
                                                                    three to five calendar years prior to the
                                                                    end of the calendar year of this NOFA's
                                                                    Application deadline. For purposes of this
                                                                    NOFA, therefore, undisbursed awards made in
                                                                    FYs 2007, 2008, and 2009 will be included in
                                                                    the calculation for the Applicant's
                                                                    undisbursed award amounts if the funds have
                                                                    not been disbursed as of this NOFA's
                                                                    Application deadline.
 CDFI Program Undisbursed Awards Calculations............  The CDFI Program undisbursed funds will be
                                                                    calculated by adding all undisbursed award
                                                                    amounts made to the Applicant two to five
                                                                    calendar years prior to the end of the
                                                                    calendar year of this NOFA. Therefore,
                                                                    undisbursed CDFI Program awards made in FYs
                                                                    2007, 2008, 2009, and 2010 will be included
                                                                    in the undisbursed calculation as of this
                                                                    NOFA's Application deadline.
                                                                   The CDFI Fund reserves the right to adjust
                                                                    the award amount issued under this NOFA
                                                                    based upon the amount of FY 2011 and FY 2012
                                                                    awards that remain undisbursed.
 Undisbursed Award Calculations..........................  Undisbursed awards cannot exceed five percent
                                                                    of the total includable awards for the
                                                                    Applicant's BEA/CDFI/NACA awards, as of this
                                                                    NOFA's Application deadline. (The total
                                                                    ``includable'' award amount is the total
                                                                    award amount from the relevant CDFI Fund
                                                                    program.) Please refer to an example of this
                                                                    calculation on the CDFI Fund's website,
                                                                    found in the Q&A document for the FY 2013
                                                                    Funding Round. The ``undisbursed award
                                                                    funds'' calculation does not include: (i)
                                                                    Tax credit allocation authority made
                                                                    available through the NMTC Program; (ii)
                                                                    award funds that the Awardee has requested
                                                                    from the CDFI Fund by submitting a full and
                                                                    complete disbursement request before this
                                                                    NOFA's Application deadline; (iii) award
                                                                    funds for an award that the CDFI Fund has
                                                                    terminated or de-obligated; or (iv) award
                                                                    funds for an award that does not have a
                                                                    fully executed assistance or award
                                                                    agreement.
----------------------------------------------------------------------------------------------------------------

    2. Contact the CDFI Fund: Applicants that are prior CDFI Fund 
Awardees are advised to: (i) Comply with requirements specified in 
assistance, allocation, and/or award agreement(s) and (ii) contact the 
CDFI Fund at least 10 business days prior to this NOFA's Application 
deadline to ensure necessary actions are underway for the disbursement 
or de-obligation of any prior outstanding award balance(s) as 
referenced above.
    C. Matching Funds: 1. Matching Funds Requirements in General:
    In FY 2012, the CDFI Fund's appropriations waived the matching 
funds requirement for Category 1/SECA and NACA Applicants. 
Consequently, the matching funds requirement remains under the current 
Continuing Resolution for FY 2013 Congressional appropriations and 
pertains to Category II/Core FA Applicants only; matching funds are not 
statutorily required for TA Applicants. If matching funds are not 
waived in the final appropriation, matching funds will also be required 
for Category I/SECA FA Applicants. Matching funds must be comparable in 
form and value to the FA award. This means that if an Applicant is 
requesting an FA award, the Applicant must show it has obtained 
matching funds through commitment(s) from non-Federal sources that are 
equal to the amount requested from the CDFI Fund. Applicants cannot use 
matching funds from a prior FA award under the CDFI Program or under 
another federal grant or award program to satisfy the matching funds 
requirement of this NOFA. If an Applicant seeks to use matching funds 
from an organization that was a prior Awardee under the CDFI Program, 
the CDFI Fund will deem such funds as Federal funds, unless the funding 
entity establishes and the CDFI Fund agrees, that such funds do not 
consist, in whole or in part, of CDFI Program funds or other Federal 
funds. The CDFI Fund reserves the right to contact the matching funds 
source to discuss the matching funds and the documentation that the 
Applicant has provided. The CDFI Fund encourages Applicants to review 
the Regulations at 12 CFR 1805.500 et seq. and matching funds guidance 
materials on the CDFI Fund's Web site for further information.
    2. The CDFI Fund will not consider any FA Applicant for an award 
that has no matching funds in-hand or firmly committed as of this 
NOFA's Application deadline. Specifically, FA Applicants must meet the 
following matching funds requirements:
    (a) Category II/Core Applicants: A Category II/Core Applicant must 
demonstrate that it has eligible matching funds equal to no less than 
50 percent of the amount of the FA award requested in-hand on or after 
January 1, 2011 and on or before the Application deadline. The CDFI 
Fund reserves the right to rescind all or a portion of a FA award and 
re-allocate the rescinded award amount to other qualified Applicant(s), 
if an Applicant fails to obtain in-hand 100 percent of the required 
matching funds by January 15, 2014 (with required documentation of such 
receipt received by the CDFI Fund not later than January 31, 2014). The 
CDFI Fund may grant an extension of such matching funds deadline for 
specific Applicants selected to receive FA, if the CDFI Fund deems it 
appropriate. (Category I/SECA FA Applicants are not required to submit 
matching funds documentation with their Application. In the event that 
matching funds are not waived in the final Congressional appropriations 
for the CDFI Program, Category I/SECA FA Applicants will be given the 
opportunity to submit matching funds documentation at a later time.)
    (b) HFFI-FA Applicants: All HFFI-FA Applicants must demonstrate 
that they have eligible matching funds equal to no less than 50 percent 
of the HFFI-FA amount requested in-hand on or after January 1, 2011, 
and on or before the deadline for the submitting the HFFI-FA 
Supplemental Questionnaire. (This requirement is not waived for 
Category 1/SECA and NACA Applicants.) The CDFI Fund reserves the right 
to rescind all or a portion of an HFFI-FA award and re-allocate the 
rescinded award amount to other qualified Applicant(s), if an Applicant 
fails to obtain in-hand 100 percent of the required matching funds by 
January 15, 2014 (with required documentation of such receipt received 
by the CDFI Fund not later than January 31, 2014). The CDFI Fund may 
grant an extension of such matching funds deadline for specific 
Applicants selected to receive HFFI-FA awards, if the CDFI Fund deems 
it appropriate.
    3. Matching Funds Terms Defined; Required Documentation

[[Page 76620]]



                                       Table 8--Matching Funds Definitions
----------------------------------------------------------------------------------------------------------------
                      Type of matching funds                                         Definition
----------------------------------------------------------------------------------------------------------------
Matching funds ``in-hand''.......................................  The Applicant has actually received
                                                                    disbursement of the matching funds and
                                                                    provides to the CDFI Fund acceptable written
                                                                    documentation, showing the source, form, and
                                                                    amount of the matching funds (i.e., grant,
                                                                    loan, deposit, and equity investment).
                                                                    Applicants must provide copies of the
                                                                    following documentation depending on the
                                                                    type of award being requested: (i) Loans--
                                                                    the loan agreement and promissory note; (ii)
                                                                    grant--the grant letter or agreement for all
                                                                    grants of $50,000 or more; (iii) equity
                                                                    investment--the stock certificate and any
                                                                    related shareholder agreement. The Applicant
                                                                    must also provide acceptable documentation
                                                                    that demonstrates receipt of the matching
                                                                    funds, such as a copy of a check or a wire
                                                                    transfer statement.
Matching funds ``firmly committed''..............................  The Applicant has entered into or received a
                                                                    legally binding commitment from the matching
                                                                    funds source showing the match funds will be
                                                                    disbursed to the Applicant. The Applicant
                                                                    must also provide acceptable written
                                                                    documentation showing the source, form, and
                                                                    amount of the firm commitment (and, in the
                                                                    case of a loan, the terms thereof), as well
                                                                    as the anticipated disbursement date of the
                                                                    committed funds.
----------------------------------------------------------------------------------------------------------------

    4. Ineligible Matching Funds: If the CDFI Fund determines that any 
portion of the Applicant's matching funds is ineligible under this 
NOFA, the CDFI Fund, in its sole discretion, may permit the Applicant 
to offer alternate matching funds as a substitute for the ineligible 
matching funds. In such instances: (i) The Applicant must provide 
acceptable alternate matching funds documentation within two business 
days of the CDFI Fund's request, and (ii) the alternate matching funds 
documentation will not increase the total amount of FA the Applicant 
requested.
    5. Special Rule for Insured Credit Unions: The Regulations allow an 
Insured Credit Union to use retained earnings to serve as matching 
funds for a FA award in an amount equal to: (i) The increase in 
retained earnings that has occurred over the Applicant's most recent 
fiscal year; (ii) the annual average of such increases that has 
occurred over the Applicant's three most recent fiscal years; or (iii) 
the entire retained earnings that have been accumulated since the 
inception of the Applicant, as provided in the Regulations. For 
purposes of this NOFA, if option (iii) is used, the Applicant must 
increase its member and/or non-member shares or total loans outstanding 
by an amount equal to the amount of retained earnings committed as 
matching funds. This increase must occur by the end of the Awardee's 
second performance period, as set forth in its Assistance Agreement, 
and will be based on amounts reported in the Applicant's Audited or 
Reviewed Financial Statements or NCUA Form 5300 Call Report. The CDFI 
Fund will assess the likelihood of this increase during the Application 
review process. An award will not be made to any Applicant that has not 
demonstrated in the relevant Financial Statements or NCUA Call Report 
that it has increased shares or loans by at least 25 percent of the 
requested FA award amount between December 31, 2011, and December 31, 
2012.

IV. Application and Submission Information

    A. Application Submission: Under this NOFA, Applicants must submit 
Applications electronically through Grants.gov. The CDFI Fund will not 
accept Applications through myCDFIFund accounts nor will Applications 
be accepted via email, mail, facsimile, or other forms of 
communication, except in circumstances approved by the CDFI Fund 
beforehand.
    B. Grants.gov: In compliance with Public Law 106-107 and Section 
5(a) of the Federal Financial Assistance Management Improvement Act, 
the CDFI Fund is required to accept Applications submitted through the 
Grants.gov electronic system. The CDFI Fund strongly recommends 
Applicants start the registration process as soon as possible and visit 
www.grants.gov immediately. Applicants that have used Grants.gov in the 
past must verify that their registration is current and active. New 
Applicants must properly register, which may take several weeks to 
complete. Pursuant to OMB guidance (68 FR 38402), each Applicant must 
provide, as part of its Application submission, a Dun and Bradstreet 
Universal Numbering System (DUNS) number. In addition, each Application 
must include a valid and current Employer Identification Number (EIN). 
An electronic Application that does not include either a DUNS number or 
an EIN is incomplete and may not be transmitted to the CDFI Fund from 
Grants.gov. As a result, Applicants without a DUNS number or EIN should 
allow sufficient time for the IRS and/or Dun and Bradstreet to respond 
to inquiries and/or requests for identification numbers.
    The CDFI Fund will not consider Applicants that fail to properly 
register in Grants.gov or to confirm they are properly registered and 
as a result, are unable to submit their Applications before the 
deadline. Applicants are reminded that the CDFI Fund does not maintain 
the Grants.gov registration or submittal process. Thus, Applicants must 
contact Grants.gov directly for issues related to that aspect of the 
Application submission process. Please see the following link for 
information on getting started on Grants.gov: http://grants.gov/applicants/organization_registration.jsp.
    C. System for Award Management (SAM): On July 30, 2012, the Central 
Contractor Registration (CCR) transitioned to the new System for Award 
Management, or SAM. All data in the registrant database has been 
migrated from CCR into SAM. Applicants that need to create a new 
account or update their current registration must register for a user 
account in SAM. Registering with SAM is required for organizations to 
use Grants.gov. The registration process may take several business days 
for Applicants that have an EIN. If an Applicant does not have an EIN, 
the Applicant should allow several weeks for obtaining one from the 
IRS. The CDFI Fund will not consider Applicants that fail to properly 
register in SAM or to confirm they are properly registered and as a 
result, are unable to submit their Applications before the deadline. 
The CDFI Fund does not maintain the SAM registration process. Thus 
Applicants must contact SAM directly for issues related to 
registration. The CDFI Fund strongly encourages Applicants to ensure 
that their SAM registration is updated and that their accounts are not 
expired. For information regarding SAM registration, please visit 
https://www.sam.gov/portal/public/SAM.

[[Page 76621]]

    D. myCDFIFund Accounts: myCDFIFund is the CDFI Fund's primary means 
of communication with Applicants. Every Applicant is responsible for 
ensuring its myCDFIFund account is up-to-date at all times. All 
Applicants must register as an organization and as a user with 
myCDFIFund before the Application deadline. An Applicant that fails to 
properly register and update its myCDFIFund account may miss important 
communications with the CDFI Fund that could impact its Application. 
For more information on myCDFIFund, please see the ``Frequently Asked 
Questions'' link posted at https://www.cdfifund.gov/myCDFI/Help/Help.asp.
    E. Application Content Requirements: The Application and related 
documents can be found on the Grants.gov and the CDFI Fund's Web sites. 
The CDFI Fund anticipates posting the Application and related documents 
to the CDFI Fund's Web site on the same day that the NOFA is released 
or shortly thereafter. Once an Application is submitted to Grants.gov, 
the Applicant will not be allowed to change any element of the 
Application. The CDFI Fund, however, may contact the Applicant to 
clarify or confirm Application information.
    F. Paperwork Reduction Act: Under the Paperwork Reduction Act (44 
U.S.C. chapter 35), an agency may not conduct or sponsor a collection 
of information, and an individual is not required to respond to a 
collection of information, unless it displays a valid OMB control 
number. Pursuant to the Paperwork Reduction Act, the CDFI Program 
funding Application has been assigned the following control number: 
1559-0021.
    G. Application Deadlines:
    1. Please see the following table for critical deadlines that are 
relevant to the FY 2013 Funding Round.

        Table 9--FY 2013 Funding Round Application Critical Dates
------------------------------------------------------------------------
           Description                   Date due             Time
------------------------------------------------------------------------
Last day to contract Program       February 26, 2013..         5:00 p.m.
 staff.
Combined Program Application.....  February 28, 2013..        11:59 p.m.
------------------------------------------------------------------------

    2. Late Delivery: The CDFI Fund will not accept an Application 
submitted after the Application deadline or any portion of an 
Application that is submitted after the Application deadline. 
Applicants are responsible for submitting their Applications on time 
through Grants.gov. The CDFI Fund will not grant exceptions or waivers. 
Any Application that is deemed ineligible or rejected will not be 
returned to the Applicant.
    H. Intergovernmental Review: Not applicable.
    I. Funding Restrictions: For allowable uses of FA proceeds, please 
see the Regulations at 12 CFR 1805.301.

V. Application Review Information

    A. Format: Applicants must complete, and the CDFI Fund will only 
accept, the Application as provided in Grants.gov and the CDFI Fund's 
Web site. The FY 2013 Application is a PDF fillable document, with pre-
set text limits and font size restrictions. Applicants must submit 
their narrative responses by using the FY 2013 CDFI Program Application 
narrative template. The completed narrative document should be 
submitted as an attachment to the PDF fillable document. Applicants 
should not submit information that has not been specifically requested 
in this NOFA or the Application. Applicants should not submit documents 
such as strategic plans or market studies unless the CDFI Fund has 
specifically requested such documents in the Application.
    B. Review and Selection Process:
    1. Eligibility and Completeness Review: The CDFI Fund will review 
each Application to determine whether it is complete and the Applicant 
meets the eligibility requirements described in Section III of this 
NOFA. An incomplete Application or one that does not meet eligibility 
requirements will be rejected.
    2. Substantive Review: If the Applicant has submitted a complete 
and eligible Application, the CDFI Fund will conduct a substantive 
review in accordance with the criteria and procedures described in the 
Regulations, this NOFA, and the Application guidance. The CDFI Fund 
reserves the right to contact the Applicant by telephone, email, or 
mail for the sole purpose of clarifying or confirming Application 
information. If contacted, the Applicant must respond within the CDFI 
Fund's time parameters or run the risk of its Application being 
rejected.
    3. Application Scoring and Award Selection (FA and TA Applicants):
    (a) Application Scoring: The CDFI Fund will evaluate each 
Application on the criteria categories and the scoring scale described 
in the Application. An Applicant must receive a minimum score in each 
evaluation criteria in order to be considered for an award. The CDFI 
Fund will score each part as indicated in the following table:

                 Table 10--Application Scoring Criteria
------------------------------------------------------------------------
 Comprehensive Business Plan
       (CBP) sections             FA applicants         TA applicants
------------------------------------------------------------------------
Executive Summary...........  Not Scored..........  Not Scored.
Historic and High Impact....  15 points...........  Not Applicable.
Technical Assistance          Not Applicable......  30 points.
 Proposal (TAP).
Needs & Demand..............  15 points...........  15 points.
Products, Services, and       30 points...........  25 points.
 Marketing.
Management Capacity.........  20 points...........  15 points.
Financial Capacity..........  20 points...........  15 points.
Performance on Past Awards    Not Scored..........  Not Scored.
 (If Applicable).
Community Partners (If        Not Scored..........  Not Scored.
 Applicable).
                             -------------------------------------------
    Total Point.............  100 points..........  100 points.
------------------------------------------------------------------------


[[Page 76622]]

    Applicants whose activities are part of a broader neighborhood 
revitalization strategy and/or that target marginalized or isolated 
populations will be scored more favorably under the section of the 
Application pertaining to Target Market Needs.
    (b) Evaluating Prior Award Performance: The CDFI Fund will deduct 
points for any Applicant that is a prior Awardee or Allocatee of any 
CDFI Fund program if the Applicant: (i) Is noncompliant with any award 
by failing to meet performance goals and measures, reporting deadlines, 
or other requirements set forth in the CDFI Fund's assistance, 
allocation, or award agreement(s) for reports due during the 
Applicant's two completed fiscal years prior to this NOFA's Application 
deadline; and (ii) failed to make timely loan payments to the CDFI Fund 
during the Applicant's two complete fiscal years prior to this NOFA's 
Application deadline (if applicable). In addition, the CDFI Fund will 
deduct points if a FA Applicant had funds de-obligated for FA awards 
issued in FY 2010, 2011 or 2012 if: (i) The amount of de-obligated 
funds is at least $200,000 and (ii) the de-obligation occurred within 
the 12 months prior to this NOFA's Application deadline. The CDFI Fund 
has the sole discretion to deduct points from prior Awardees/Allocatees 
if those Applicants have proceedings instituted against them in, by, or 
before any court, governmental agency, or administrative body and has 
received a final determination within the last three calendar years 
indicating the Applicant has discriminated on the basis of race, color, 
national origin, disability, age, marital status, receipt of income 
from public assistance, religion, or sex.
    (c) Award Selection: The CDFI Fund will make its final award 
selections based on the Applicants' scores, ranked from highest to 
lowest, and the amount of funds available. In the case of tied scores, 
Applicants will be ranked first according to each Financial Capacity 
score; followed by the Historic and High Impact score. TA Applicants, 
Category I, and Category II Applicants will be grouped and ranked 
separately. In addition, the CDFI Fund may consider the institutional 
and geographic diversity of Applicants when making its funding 
decisions.
    4. Insured CDFIs: In the case of Insured Depository Institutions 
and Insured Credit Unions, the CDFI Fund will consider information 
provided by, and views of, the Appropriate Federal Banking Agencies. If 
the Applicant is a CDFI bank holding company, the CDFI Fund will 
consider information provided by the Appropriate Federal Banking 
Agencies of the CDFI bank holding company and the CDFI bank that will 
implement the award. Throughout the award review process, the CDFI Fund 
will consult with the Appropriate Federal Banking Agency about the 
Applicant's financial safety and soundness. If the Appropriate Federal 
Banking Agency identifies safety and soundness concerns, the CDFI Fund 
will assess whether the concerns cause or will cause the Applicant to 
be incapable of undertaking the activities for which funding has been 
requested. If it is determined the Applicant is incapable of meeting 
its obligations, the CDFI Fund reserves the right to rescind the award 
decision. The CDFI Fund also reserves the right to require Insured CDFI 
Applicants to improve safety and soundness conditions prior to 
receiving an award disbursement. In addition, the CDFI Fund will take 
into consideration Community Reinvestment Act assessments of Insured 
Depository Institutions and/or their Affiliates.
    5. Award Notification: Each Applicant will be informed of the CDFI 
Fund's award decision through a notification in the Applicant's 
myCDFIFund account. This includes notification to Applicants that have 
not been selected for an award if the decision is based on reasons 
other than completeness or eligibility. Applicants that have not been 
selected for an award will receive a debriefing in their myCDFIFund 
account.
    6. Application Rejection: The CDFI Fund reserves the right to 
reject an Application if information (including administrative errors) 
comes to the CDFI Fund's attention that either adversely affects an 
Applicant's eligibility for an award, adversely affects the CDFI Fund's 
evaluation or scoring of an Application, or indicates fraud or 
mismanagement on the Applicant's part. If the CDFI Fund determines any 
portion of the Application is incorrect in a material respect, the CDFI 
Fund reserves the right, in its sole discretion, to reject it. The CDFI 
Fund reserves the right to change its eligibility and evaluation 
criteria and procedures, if the CDFI Fund deems it appropriate. If the 
changes materially affect the CDFI Fund's award decisions the CDFI Fund 
will provide information about the changes through the CDFI Fund's Web 
site. The CDFI Fund's award decisions are final and there is no right 
to appeal the decisions.

VI. Award Administration Information

    A. Assistance Agreement: Each Applicant selected to receive an 
award under this NOFA must enter into an Assistance Agreement with the 
CDFI Fund in order to receive disbursement of the award funds. The 
Assistance Agreement will set forth the award's terms and conditions, 
including but not be limited to the award: (i) Amount; (ii) type; (iii) 
uses; (iv) targeted market or activities; (v) performance goals and 
measures; and (vi) reporting requirements. FA Assistance Agreements 
will usually have three-year performance periods; TA Assistance 
Agreements will usually have two-year performance periods. All FA and 
TA Awardees that are not Insured CDFIs will be required to provide the 
CDFI Fund with a certificate of good standing from the secretary of 
state for the Awardee's state of incorporation. This certificate can 
often be acquired online on the secretary of state Web site for the 
Awardee's state of incorporation and must generally be dated within 270 
days of the date the Awardee executes the Assistance Agreement. Due to 
potential backlogs in state government offices, Applicants are advised 
to submit requests for certificates of good standing at the time that 
they submit their Applications. If prior to entering into an Assistance 
Agreement with the CDFI Fund, information (including administrative 
error) comes to the CDFI Fund's attention that either: (i) Adversely 
affects the Awardee's eligibility for an award, (ii) adversely affects 
the Awardee's certification as a CDFI (to the extent that the Award is 
conditional upon CDFI Certification), (iii) adversely affects the CDFI 
Fund's evaluation of the Awardee's Application, or (iv) indicates fraud 
or mismanagement on the Awardee's part, the CDFI Fund may, in its 
discretion and without advance notice to the Awardee, terminate the 
award or take such other actions as it deems appropriate. The CDFI Fund 
reserves the right, in its sole discretion, to rescind an award if the 
Awardee fails to return the Assistance Agreement, signed by the 
authorized representative of the Awardee, and/or provide the CDFI Fund 
with any other requested documentation, within the CDFI Fund's 
deadlines.
    1. Failure to Meet Reporting Requirements: If an Awardee is a prior 
Awardee/Allocatee under any CDFI Fund program and is not current with 
the reporting requirements set forth in the previously executed 
agreement(s) with the CDFI Fund, the CDFI Fund reserves the right, in 
its sole discretion, to delay entering into an Assistance Agreement 
until the Awardee/Allocatee is current with the reporting requirements. 
Please note that the automated systems employed by the

[[Page 76623]]

CDFI Fund for receipt of reports submitted electronically typically 
acknowledge only a report's receipt; such an acknowledgment does not 
warrant that the report received was complete and therefore met 
reporting requirements. If the prior Awardee/Allocatee is unable to 
meet this requirement within the timeframe the CDFI Fund sets, the CDFI 
Fund reserves the right, in its sole discretion, to terminate and 
rescind the Assistance Agreement and the award made under this NOFA.
    2. Failure to Maintain Certification. If an Awardee had applied for 
an award under this NOFA as a Certified CDFI and the certified status 
is an ongoing obligation of the award but the Awardee has failed to 
preserve and keep in full force and effect its certification as a CDFI, 
the CDFI Fund reserves the right, in its sole discretion, to terminate 
and rescind the Assistance Agreement and the award made under this 
NOFA.
    3. Pending Resolution of Noncompliance: If an Applicant is a prior 
Awardee under any CDFI Fund program and if: (i) IT has submitted 
reports to the CDFI Fund that demonstrate noncompliance with a previous 
executed agreement with the CDFI Fund; and (ii) the CDFI Fund has yet 
to make a final determination as to whether the entity is in default of 
its agreement, the CDFI Fund reserves the right, in its sole 
discretion, to delay entering into an Assistance Agreement, pending 
full resolution of the noncompliance issue to the CDFI Fund's 
satisfaction. If the said prior Awardee/Allocatee is unable to 
satisfactorily resolve the compliance issues, the CDFI Fund reserves 
the right, in its sole discretion, to terminate and rescind the 
Assistance Agreement and the award made under this NOFA.
    4. Default Status: If, at any time prior to entering into an 
Assistance Agreement through this NOFA, the CDFI Fund has made a final 
determination that an Awardee is a prior Awardee/Allocatee under any 
CDFI Fund program is in default of a previously executed assistance, 
allocation, or award agreement(s) and has provided written notification 
of such determination to the Awardee, the CDFI Fund reserves the right, 
in its sole discretion, to delay entering into an Assistance Agreement, 
until said prior Awardee/Allocatee has cured the default by taking 
actions necessary as specified by the CDFI Fund and within the 
timeframe specified by the CDFI Fund. If said prior Awardee/Allocatee 
is unable to meet this requirement and the CDFI Fund has not specified 
in writing that the prior Awardee/Allocatee is otherwise eligible to 
receive an award under this NOFA, the CDFI Fund reserves the right, in 
its sole discretion, to terminate and rescind the Assistance Agreement 
and the award made under this NOFA.
    5. Termination in Default: If prior to entering into an Assistance 
Agreement under this NOFA (i) the CDFI Fund has made a determination 
that an Awardee is a prior Awardee/Allocatee under any CDFI Fund 
Program for which the award or allocation was terminated in default of 
such prior agreement; (ii) the CDFI Fund has provided written 
notification of such determination to the Awardee; and (iii) the 
anticipated date for entering into the Assistance Agreement under this 
NOFA is within a period of time specified in such notification 
throughout which any new award, allocation, or assistance is 
prohibited, the CDFI Fund reserves the right, in its sole discretion, 
to terminate and rescind the Assistance Agreement and the award made 
under this NOFA.
    6. Compliance with Federal Anti-Discrimination Laws: If the Awardee 
has previously received funding through any CDFI Fund program, and if 
at any time prior to entering into an Assistance Agreement through this 
NOFA, the CDFI Fund is made aware of a final determination, made within 
the last three years, in any proceeding instituted against the Awardee 
in, by, or before any court, governmental, or administrative body or 
agency, declaring that the Awardee has discriminated on the basis of 
race, color, national origin, disability, age, marital status, receipt 
of income from public assistance, religion, or sex, the CDFI Fund 
reserves the right, in its sole discretion, to terminate and rescind 
the Assistance Agreement and the award made under this NOFA.
    B. Reporting:
    1. Reporting requirements: At least on an annual basis, the CDFI 
Fund will collect information from each Awardee including, but not 
limited to, an Annual Report with the following components: (i) 
Financial Reports, (ii) OMB A-133 audit; (iii) A-133 Narrative Report; 
(iv) Institution Level Report; (v) Transaction Level Report (for 
Awardees receiving FA awards); (vi) Financial Status Report SF-425 (for 
Awardees receiving TA grants); (vii) Uses of Financial Assistance (for 
Awardees receiving FA awards); (viii) Uses of Technical Assistance (for 
Awardees receiving TA grants); (ix) Explanation of Noncompliance (as 
applicable); and (x) such other information as the CDFI Fund may 
require. Each Awardee is responsible for the timely and complete 
submission of the Annual Report, even if all or a portion of the 
documents is actually completed by another entity or signatory to the 
Assistance Agreement. If such other entities or signatories are 
required to provide Institution Level Reports, Transaction Level 
Reports, Financial Reports, or other documentation that the CDFI Fund 
may require, the Awardee is responsible for ensuring that the 
information submitted is timely and complete. The CDFI Fund reserves 
the right to contact such additional entities or signatories to the 
Assistance Agreement and require that additional information and 
documentation be provided. The CDFI Fund will use such information to 
monitor each Awardee's compliance with the requirements in the 
Assistance Agreement and to assess the impact of the CDFI Program. All 
reports with the exception of the Institution Level Report and the 
Transaction Level Report must be electronically submitted directly to 
the CDFI Fund via the Awardee's myCDFIFund account. The Institution 
Level Report and the Transaction Level Report must be submitted through 
the CDFI Fund's web-based data collection system, the Community 
Investment Impact System (CIIS) accessed through the Awardee's 
myCDFIFund account. The CDFI Fund reserves the right, in its sole 
discretion, to modify these reporting requirements if it determines it 
to be appropriate and necessary; however, such reporting requirements 
will be modified only after notice to Awardees.
    2. Accounting: The CDFI Fund will require Awardee to account for 
and track the use of its award. This means that Awardees must track 
every dollar and must inform the CDFI Fund of its uses. This will 
require Awardees to establish separate administrative and accounting 
controls, subject to the applicable OMB Circulars. The CDFI Fund will 
provide guidance on the format and content of the annual information to 
be provided, outlining and describing how the funds were used. All 
Awardees are responsible for ensuring their banking account information 
is updated and accurate in the System for Award Management (SAM) as 
directed in this NOFA's Section IV. C.

VII. Agency Contacts

    A. The CDFI Fund will respond to questions concerning this NOFA and 
the Application between the hours of 9:00 a.m. and 5:00 p.m. Eastern 
Time, starting on the date that the NOFA is published through two 
business days prior to the Application deadline. During the two 
business days prior to the Application deadline, the CDFI

[[Page 76624]]

Fund will not respond to questions for Applicants until after the 
Application deadline. Applications and other information regarding the 
CDFI Fund and its programs may be obtained from the CDFI Fund's Web 
site at http://www.cdfifund.gov. The CDFI Fund will post on its Web 
site responses to questions of general applicability regarding the CDFI 
Program.
    B. Applicants may contact the CDFI Fund as follows:

                                          Table 11--Contact Information
----------------------------------------------------------------------------------------------------------------
                                    Fax number for all offices: 202-453-2466
-----------------------------------------------------------------------------------------------------------------
                                         Telephone number (not toll
           Type of question                        free)                            Email addresses
----------------------------------------------------------------------------------------------------------------
CDFI Program.........................  202-653-0421, option 1.......  cdfihelp@cdfi.treas.gov.
Native Initiatives/NACA..............  202-653-0421, option 2.......  cdfihelpl@cdfi.treas.gov.
Certification, Compliance Monitoring,  202-653-0423.................  ccme@cdfi.treas.gov.
 and Evaluation.
Information Technology Support.......  202-653-0300.................  IThelpdesk@cdfi.treas.gov.
----------------------------------------------------------------------------------------------------------------

    C. Information Technology Support: People who have visual or 
mobility impairments that prevent them from creating a Target Market 
map using the CDFI Fund's Web site should call (202) 653-0300 for 
assistance (this is not a toll free number).
    D. Communication with the CDFI Fund: The CDFI Fund will use contact 
information in myCDFIFund to communicate with Applicants and Awardees. 
It is imperative; therefore, that Applicants, Awardees, Subsidiaries, 
Affiliates, and signatories maintain accurate contact information in 
their accounts. This includes information like contact names, 
especially for the authorized representative; email addresses; fax and 
phone numbers; and office locations. For more information about 
myCDFIFund, as well as information on the Community Investment Impact 
System, please see the following Web site: http://www.cdfifund.gov/ciis/accessingciis.pdf.

VIII. Information Sessions and Outreach

    The CDFI Fund may conduct webinars or host information sessions for 
organizations that are considering applying to, or are interested in 
learning about, the CDFI Fund's programs. For further information, 
please visit the CDFI Fund's Web site at http://www.cdfifund.gov.

    Authority: 12 U.S.C. 4701, et seq; 12 CFR parts 1805 and 1815.

    Dated: December 21, 2012.
Donna J. Gambrell,
Director, Community Development Financial Institutions Fund.
[FR Doc. 2012-31167 Filed 12-27-12; 8:45 am]
BILLING CODE 4810-70-P