[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Notices]
[Pages 54877-54884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21885]
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Request for Proposals (RFP): Farm Labor Housing Technical
Assistance Grants
AGENCY: Rural Housing Service, USDA.
ACTION: Notice.
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SUMMARY: This Request for Proposal (RFP) announces an availability of
funds and the timeframe to submit proposals for Farm Labor Housing
Technical Assistance (FLH-TA) grants.
Section 516(i) of the Housing Act of 1949, as amended (Act),
authorizes the Rural Housing Service (RHS) to provide financial
assistance (grants) to eligible private and public non-profit agencies
to encourage the development of domestic and migrant farm labor housing
projects. This RFP requests proposals from qualified private and public
non-profit agencies to provide technical assistance to groups who
qualify for FLH loans and grants.
Work performed under these grants is expected to result in an
increased submission of quality applications for FLH loans and grants
under the section 514 and 516 programs and as a result an increase in
the availability of decent, safe, and sanitary housing for farm
laborers.
DATES: The deadline for receipt of all applications in response to this
RFP is 5:00 p.m., Eastern Daylight Time, on November 5, 2012. The
application closing deadline is firm as to date and hour. RHS will not
consider any application that is received after the closing deadline.
Applicants intending to mail applications must provide sufficient time
to permit delivery on or before the closing deadline. Acceptance by a
post office or private mailer does not constitute delivery. Facsimile
(FAX), Cash on Delivery (COD), and postage due applications will not be
accepted.
ADDRESSES: Applications should be submitted to the USDA--Rural Housing
Service; Attention: Mirna Reyes-Bible, Finance and Loan Analyst, Multi-
Family Housing Preservation and Direct Loan Division, STOP 0781 (Room
1243-S), USDA Rural Development, 1400 Independence Avenue SW.,
Washington, DC 20250-0781. RHS will date and time stamp incoming
applications to evidence timely receipt and, upon request, will provide
the applicant with a written acknowledgement of receipt.
FOR FURTHER INFORMATION CONTACT: Mirna Reyes-Bible, Finance and Loan
[[Page 54878]]
Analyst, Multi-Family Housing Preservation and Direct Loan Division,
STOP 0781 (Room 1243-S), USDA Rural Development, 1400 Independence
Avenue SW., Washington, DC 20250-0781, telephone: (202) 720-1753 (this
is not a toll free number), or via email:
[email protected].
SUPPLEMENTARY INFORMATION:
Overview Information
Federal Agency Name: Rural Housing Service.
Funding Opportunity Title: Request for Proposals (RFP): Farm Labor
Housing Technical Assistance Grants.
Announcement Type: Initial Announcement.
Catalog of Federal Domestic Assistance: 10.405.
DATES: The deadline for receipt of all applications in response to
this RFP is 5:00 p.m., Eastern Daylight Time, on November 5, 2012. The
application closing deadline is firm as to date and hour. RHS will not
consider any application that is received after the closing deadline.
Applicants intending to mail applications must provide sufficient time
to permit delivery on or before the closing deadline. Acceptance by a
post office or private mailer does not constitute delivery. Facsimile
(FAX), COD, and postage due applications will not be accepted.
I. Funding Opportunity Description
The technical assistance grants authorized under section 516 are
for the purpose of encouraging the development of domestic and migrant
FLH projects under sections 514 and 516 of the Act. RHS regulations for
section 514 and 516 FLH program are published at 7 CFR part 3560.
Further requirements for technical assistance grants can be found at 7
CFR part 3560, subpart L. Proposals must demonstrate the capacity to
provide the intended technical assistance.
The RHS intends to award one grant for each of three geographic
regions listed below. When establishing the three regions, and amount
of funding available for each region, consideration was given to such
factors as farmworker migration patterns and the similarity of
agricultural products and labor needs within certain areas of the
United States. A single applicant may submit grant proposals for more
than one region; however, separate proposals must be submitted for each
region.
Eastern Region: AL, CT, DE, FL, GA, IN, KY, MA, MD, ME, NH, NJ, NY,
NC, OH, PA, PR, RI, SC, TN, VI, VT, VA, WV.
Central Region: AR, IL, IA, KS, LA, MI, MN, MS, MO, NE., ND, OK,
SD, TX, WI.
Western Region: AK, AZ, CA, CO, HI, ID, MT, NV, NM, OR, UT, WA, WY,
and the Pacific Territories.
II. Award Information
The RHS has the authority under the Act to utilize up to 10 percent
of its section 516 appropriation for FLH-TA grants. The total Fiscal
Year (FY) 2012 appropriation for section 516 is $7,100,000. The total
amount of the FY 2012 appropriation that RHS has made available for
FLH-TA grants is $710,000. Of that amount, up to $250,000 will be
available for each of the Eastern and Western Grant Regions and up to
$210,000 of the remaining funds will be available for the Central Grant
Region. Work performed under these grants must be completed within 3
years of entering into a grant agreement with RHS. The disbursement of
grant funds during the grant period will be contingent upon the
applicant making progress in meeting the minimum performance
requirements as described in the Scope of Work section of this Notice,
including, but not limited to, the submission of loan application
packages.
III. Eligibility Information
Eligible Applicants: Eligibility for grants under this Notice is
limited to private and public non-profit agencies. Applicants must have
the knowledge, ability, technical expertise, or practical experience
necessary to develop and package loan and grant applications for FLH
under the section 514 and 516 programs (see Section IV. Application and
Submission Information). In addition, applicants must possess the
ability to exercise leadership, organize work, and prioritize
assignments to meet work demands in a timely and cost efficient manner.
The applicant may arrange for other non-profit agencies to provide
services on its behalf; however, the RHS will expect the applicant to
provide the overall management necessary to ensure the objectives of
the grant are met. Non-profit agencies acting on behalf of the
applicant must also meet the eligibility requirements stated above.
Minimum Performance Requirements
(1) Applicants shall conduct outreach to broad-based non-profit
organizations, non-profit organizations of farmworkers, federally
recognized Indian tribes, agencies or political subdivisions of State
or local Government, public agencies (such as housing authorities) and
other eligible FLH organizations to further the section 514 and 516 FLH
programs. Outreach will consist of a minimum of 12 informational
presentations to the general public annually to inform them about the
section 514 and 516 FLH programs.
(2) Applicants shall conduct at least 12 one-on-one meetings
annually with groups who are interested in applying for FLH loans or
grants and assist such groups with the loan and grant application
process.
(3) Applicants shall assist loan and grant applicants secure
funding from other sources for the purpose of leveraging those funds
with RHS funds.
(4) Applicants shall provide technical assistance during the
development and construction phase of FLH proposals selected for
funding.
(5) When submitting a grant proposal, applicants need not identify
the geographic location of the places they intend to target for their
outreach activities, however, applicants must commit to targeting at
least five areas within the grant proposal's region. All targeted areas
must be distinct market areas and not be overlapping. At least four of
the targeted areas must be in different States. If the proposal is
selected for funding, the applicant will be required to consult with
each Rural Development State Director in the proposal's region for the
purpose of developing their list of targeted areas. When determining
which areas to target, consideration will be given to (a) the total
number of farmworkers in the area, (b) the number of farmworkers in
that area who lack adequate housing, (c) the percentage of the total
number of farmworkers that are without adequate housing, and (d) areas
which have not recently had a section 514 or 516 loan or grant funded
for new construction. In addition, if selected for funding, the
applicant will be required to revise their Statement of Work to
identify the geographic location of the targeted areas and will submit
their revised Statement of Work to the National Office for approval.
When submitted for approval, the applicant must also submit a summary
of their consultation with the Rural Development State Directors. At
grant closing, the revised Statement of Work will be attached to, and
become a part of, the grant agreement.
(6) During the grant period, each applicant must submit a minimum
number of loan application packages to the Agency for funding
consideration. The minimum number shall be the greater of (a) at least
nine loan application packages for the Eastern and Western Regions and
at least seven for the Central Region or, (b) a total number of loan
application packages that is
[[Page 54879]]
equal to 70 percent of the number of areas the applicant's proposal
committed to targeting. Fractional percentages shall be rounded up to
the next whole number. For example, if the applicant's proposal
committed to targeting 13 areas, then the applicant must submit at
least 10 loan application packages during the grant period (13 areas x
70 percent = 9.1 rounded up to 10). The disbursement of grant funds
during the grant period will be contingent upon the applicant making
progress in meeting this minimum performance requirement. More than one
application package for the same market area will not be considered
unless the applicant submits documentation of the need for more than
one FLH facility.
(7) Provide training to applicants of FLH loans and grants to
assist them in their ability to manage FLH.
IV. Application and Submission Information
The application process will be in two phases; the initial
application (or proposal) and the submission of a formal application.
Only those proposals that are selected for funding will be invited to
submit formal applications. All proposals must include the following:
(1) A summary page listing the following items. This information
should be double-spaced between items and not be in narrative form.
a. Applicant's name,
b. Applicant's Taxpayer Identification Number,
c. Applicant's address,
d. Applicant's telephone number,
e. Name of applicant's contact person, telephone number, and
address,
f. Amount of grant requested,
g. The FLH-TA grant region for which the proposal is submitted
(i.e., Eastern, Central, or Western Region), and
h. Applicant's Dun and Bradstreet Data Universal Numbering System
(DUNS) number and registration in the Central Contractor Registration
(CCR) database prior to submitting a pre-application pursuant to 2 CFR
25.200(b). As required by the Office of Management and Budget (OMB),
all grant applicants must provide a DUNS number when applying for
Federal grants on or after October 1, 2003. Organizations can receive a
DUNS number at no cost by calling the dedicated toll-free DUNS Number
request line at 1-866-705-5711 or via Internet at http://www.dnb.com/.
Additional information concerning this requirement can be obtained on
the Grants.gov Web Site at http://www.grants.gov. Similarly, applicants
may register for the CCR at https://uscontractingregistration.com or by
calling 1-877-252-2700. In addition, an entity applicant must maintain
registration in the CCR database at all times during which it has an
active Federal award or an application or plan under construction by
the Agency. Similarly, all recipients of Federal financial assistance
are required to report information about first-tier sub-awards and
executive compensation in accordance with 2 CFR part 170. So long as an
entity applicant does not have an exception under 2 CFR 170.110(b), the
applicant must have the necessary processes and systems in place to
comply with the reporting requirements should the applicant receive
funding. See 2 CFR 170.200(b).
i. Awards made under this Notice are subject to the provisions
contained in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2012, P.L. No.
112-55, Division A sections 738 and 739 regarding corporate felony
convictions and corporate federal tax delinquencies. To comply with
these provisions, all applicants must complete and include in the pre-
application paragraph (A) of this representation, and all corporate
applicants also must complete paragraphs (B) and (C) of this
representation:
(A) Applicant-------------------- [insert applicant name] is not--
------------ (check one) and entity that has filed articles of
incorporation in one of the fifty states, the District of Columbia, or
the various territories of the United States including American Samoa.
Federated States of Micronesia, Guam, Midway Islands, Northern Mariana
Islands, Puerto Rico, Republic of Palau, Republic of the Marshall
Islands, U.S. Virgin Islands.
(B) Applicant-------------------- [insert applicant name] has------
-------- has not-------------- (check one) been convicted of a felony
criminal violation under Federal or state law in the 24 months
preceding the date of application. Applicant has-------------- has
not-------------- (check one) had any officer or agent of the Applicant
convicted of a felony criminal violation for actions taken on behalf of
the Applicant under Federal or State law in the 24 months preceding the
date of the signature on the pre-application.
(C) Applicant-------------------- [insert applicant name] has------
-------- does not have-------------- (check one) any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability.
(2) A narrative describing the applicant's ability to meet the
eligibility requirements stated in this Notice. If the applicant
intends to have other agencies working on their behalf, the narrative
must identify those agencies and address their ability to meet the
stated eligibility requirements.
(3) A detailed Statement of Work covering a 3 year period that
contains measurable monthly and annual accomplishments. The applicant's
Statement of Work is a critical component of the selection process. The
Statement of Work must include an outreach component describing the
applicant's activities to inform potentially eligible groups about the
section 514 and 516 FLH program. The outreach component must include a
schedule of their planned outreach activities and must be included in a
manner so that performance can be measured. In addition, the outreach
activities must be coordinated with the appropriate RHS State Office
and meet the minimum performance requirements as stated in the Scope of
Work section of this Notice. The Statement of Work must state how many
areas the applicant will target for their outreach activities (Note: If
selected for funding, the applicant will be required to revise their
Statement of Work, after consultation with Rural Development State
Directors, to identify the areas that will be targeted). The Statement
of Work must also include a component for training organizations on the
application process and the long-term management of FLH. The Statement
of Work will also describe the applicant's plans to access other
funding for the development and construction of FLH and their
experience in obtaining such funding. The Statement of Work must
describe any duties or activities that will be performed by other
agencies on behalf of the applicant.
(4) An organizational plan that includes a staffing chart complete
with name, job title, salary, hours, timelines, and descriptions of
employee duties to achieve the objectives of the grant program.
(5) Organizational documents and financial statements to evidence
the applicant's status as a properly organized private or public non-
profit agency and the financial ability to carry out the objectives of
the grant program. If other agencies will be working on
[[Page 54880]]
behalf of the applicant, working agreements between the applicant and
those agencies must be submitted as part of the proposal and any
associated cost must be included in the applicant's budget.
Organizational and financial statements must also be submitted as part
of the application for any agencies that will be working on behalf of
the applicant to document the eligibility of those organizations.
(6) A detailed budget plan projecting the monthly and annual
expenses the applicant will incur. Costs will be limited to those that
are allowed under 7 CFR parts 3015, 3016, and 3019.
(7) To insure that funds are equitably distributed and that there
is no duplication of efforts on related projects, all applicants are to
submit a list of projects they are currently involved with, whether
publicly or privately supported, that are or may be, related to the
objectives of this grant. In addition, the same disclosure must be
provided for any agencies that will be working on behalf of the
applicant.
(8) The applicant must include a narrative describing its
knowledge, demonstrated ability, or practical experience in providing
training and technical assistance to applicants of loans or grants for
the development of multi-family or farmworker housing. The applicant
must identify the type of assistance that was applied for (loan or
grant, tax credits, leveraged funding, etc.), the number of times they
have provided such assistance, and the success ratio of their
applications. In addition, information must be provided concerning the
number of housing units, their size, their design, and the amount of
grant and loan funds that were secured.
(9) A narrative describing the applicant's knowledge and
demonstrated ability in estimating development and construction costs
of multi-family or farm labor housing and for obtaining the necessary
permits and clearances.
(10) A narrative describing the applicant's ability and experience
in overcoming community opposition to FLH and describing the methods
and techniques that they will use to overcome any such opposition,
should it occur.
(11) A separate one-page information sheet listing each of the
``Application Scoring Criteria'' contained in this Notice, followed by
the page numbers of all relevant material and documentation that is
contained in the proposal that supports these criteria.
V. Application Review Information
The initial application (or proposal) evaluation process designed
for this RFP will consist of two phases. The first phase will evaluate
the applicant's Statement of Work and the degree to which it sets forth
measurable objectives that are consistent with the objectives of FLH-TA
grant program. The second phase will evaluate the applicant's knowledge
and ability to provide the management necessary for carrying out a FLH-
TA grant program. Proposals will only compete against other proposals
within the same region. Selection points will be awarded as follows:
Phase I--Statement of Work
The Statement of Work will be evaluated to determine the degree to
which it outlines efficient and measurable monthly and annual outcomes
as follows:
a. The minimum performance requirements of this Notice require that
the applicant commit to targeting at least five areas (at least four of
which are in different States). The more areas the applicant commits to
targeting, the more scoring points they will be awarded. As stated
earlier in this Notice, the more areas the applicant commits to the
more loan application packages must be submitted. The amount will be
established in the Statement of Work. The number of areas within the
region that the applicant has committed to targeting for outreach
activities:
(1) 5-7 targeted areas: 0 points
(2) 8 targeted areas: 5 points
(3) 9-10 targeted areas: 10 points
(4) 11-12 targeted areas: 15 points
(5) 13 or more areas: 20 points
b. RHS wants the applicant to cover as much of the grant region as
possible. RHS does not want the applicant's efforts to be concentrated
in a limited number of States. For this reason, additional points will
be awarded to grant proposals that target areas in more than four
States (the minimum requirement is four). Applications only compete
within their grant region. The grant proposal commits to targeting
areas in the following number of States:
(1) 4 States: 0 points
(2) 5 States: 5 points
(3) 6 States: 10 points
(4) 7 States: 15 points
(5) More than 7 States: 20 points
Phase II--Project Management
a. The number of successful multi-family or FLH loan or grant
applications the applicant entity has assisted in developing and
packaging:
(1) 0-5 applications: 0 points
(2) 6-10 applications: 10 points
(3) 11-15 applications: 20 points
(4) 16 or more applications: 30 points
b. The number of groups seeking loans or grants for the development
of multi-family or FLH projects that the applicant entity has provided
training and technical assistance.
(1) 0-5 groups: 0 points
(2) 6-10 groups: 5 points
(3) 11-15 groups: 10 points
(4) 16 or more groups: 15 points
c. The number of multi-family or FLH projects for which the
applicant entity has assisted in estimating development and
construction costs and obtaining the necessary permits and clearances:
(1) 0-5 projects: 0 points
(2) 6-10 projects: 5 points
(3) 11-15 projects: 10 points
(4) 16 or more projects: 15 points
d. The number of times the applicant entity has encountered
community opposition and was able to overcome that opposition so that
farm labor housing was successfully developed.
(1) 0-2 times: 0 points
(2) 2-5 times: 5 points
(3) 6-10 times: 10 points
(4) 11 or more times: 15 points
e. The number of times the applicant entity has been able to
leverage funding from two or more sources for the development of a
multi-family or FLH project.
(1) 0-5 times: 0 points
(2) 6-10 times: 5 points
(3) 11-15 times: 10 points
(4) 16 or more times: 15 points
f. The number of FLH projects that the applicant entity has
assisted with on-going management (i.e., rent-up, maintenance, etc.):
(1) 0-5 FLH projects: 0 points
(2) 6-10 FLH projects: 5 points
(3) 11-15 FLH projects: 10 points
(4) 16 or more FLH projects: 15 points
The National Office will rank all pre-applications by region and
distribute funds to the regions in rank order and within funding
limits.
Tie Breakers--In the event two or more proposals within a region
are scored with an equal amount of points, selections will be made in
the following order:
1. If an applicant has already had a proposal selected, their
proposal will not be selected.
2. If all or none of the applicants with equivalent scores have
already had a proposal selected, the lowest cost proposal will be
selected.
3. If two or more proposals have equivalent scores, all or none of
the applicants have already had a proposal
[[Page 54881]]
selected, and the cost is the same, a proposal will be selected by a
random lottery drawing.
RHS will notify all applicants whether their pre-applications have
been accepted or rejected and provide appeal rights under 7 CFR part
11, as appropriate.
Paperwork Reduction Act
The reporting requirements contained in this Notice have been
approved by the Office of Management and Budget (OMB) under Control
Number 0575-0181.
Equal Opportunity and Non-Discrimination Requirements
The U.S. Department of Agriculture prohibits discrimination in all
of its programs and activities on the basis of race, color, national
origin, age, disability, and where applicable, sex, marital status,
familial status, parental status, religion, sexual orientation,
political beliefs, genetic information, reprisal, or because all or
part of an individual's income is derived from any public assistance
program. (Not all prohibited bases apply to all programs.) Persons with
disabilities who require alternative means for communication of program
information (Braille, large print, audiotape, etc.) should contact
USDA's TARGET Center at (202) 720-2600 (voice and TDD).
To file a complaint of discrimination, write to USDA, Assistant
Secretary for Civil Rights, Office of the Assistant Secretary for Civil
Rights, 1400 Independence Avenue SW., STOP 9410, Washington, DC 20250-
9410, or call toll free at (866) 632-9992 (English) or (800) 877-8339
(TDD) or (866) 377-8642 (English Federal--Relay) or (800) 845-6136
(Spanish Federal--Relay). ``USDA is an equal opportunity provider,
employer, and lender.''
Dated: August 28, 2012.
Tammye Trevino,
Administrator, Rural Housing Service.
RHS may terminate the grant in whole, or in part, at any time
before the date of completion, whenever it is determined that the
grantee has failed to comply with the conditions of this grant
agreement or RHS regulations related hereto. The grantee may appeal
adverse decisions in accordance with RHS's appeal procedures contained
in 7 CFR part 11.
In consideration of said grant by RHS to the grantee, to be made
pursuant to section 516 of title V of the Housing Act of 1949, the
grantee will provide such a program in accordance with the terms of
this grant agreement and applicable regulations.
PART A Definitions
1. ``Beginning date'' means the date this agreement is executed by
both parties and costs can be incurred.
2. ``Ending date'' means the date this agreement is scheduled to be
completed. It is also the latest date grant funds will be provided
under this agreement, without an approved extension.
3. ``Disallowed costs'' are those charges to a grant which RHS
determines cannot be authorized in accordance with applicable Federal
cost principles contained in 7 CFR parts 3015, 3016 and 3019, as
appropriate.
4. ``FLH-TA'' means Farm Labor Housing Technical Assistance, the
purpose for which grant funds are awarded under this agreement.
5. ``Grant closeout'' is the process by which the grant operation
is concluded at the expiration of the grant period or following a
decision to terminate the grant.
6. ``RHS'' means the Rural Housing Service, an agency of the United
States Department of Agriculture.
7. ``Termination'' of the grant means the cancellation of Federal
assistance, in whole or in part, at any time before the date of
completion.
PART B Terms of Agreement
RHS and the grantee agree that:
1. All grant activities shall be limited to those authorized by
this grant agreement and section 516 of title V of the Housing Act of
1949.
2. This agreement shall be effective when executed by both parties.
3. The FLH-TA grant activities approved by RHS shall commence and
be completed by the date indicated above, unless terminated under part
B, paragraph 18 of this grant agreement, or extended by execution of
the attached ``Amendment'' by both parties.
4. The grantee shall carry out the FLH-TA grant activities and
processes as described in the approved statement of work which is
attached to, and made a part of, this grant agreement. The Grantee will
be bound by the activities and processes contained in the statement of
work and the further conditions contained in this grant agreement. If
the statement of work is inconsistent with this grant agreement, then
the latter will govern. A change of any activities and processes must
be in writing and must be signed by the approval official.
5. The grantee shall use grant funds only for the purposes and
activities approved by RHS in the FLH-TA grant budget. Any uses not
provided for in the approved budget must be approved in writing by RHS
in advance.
6. If the grantee is a private non-profit corporation, expenses
charged for travel or per diem will not exceed the rates paid to
Federal employees or (if lower) an amount authorized by the grantee for
similar purposes. If the grantee is a public body, the rates will be
those that are allowable under the customary practice in the government
of which the grantee is a part; if none are customary, the RHS Federal
employee rates will be the maximum allowed.
7. Grant funds will not be used:
(a) To pay obligations incurred before the beginning date or after
the ending date of this agreement;
(b) For any entertainment purposes;
(c) To pay for any capital assets, the purchase of real estate or
vehicles, the improvement or renovation of the grantee's office space,
or for the repair or maintenance of privately owned vehicles;
(d) For any other purpose prohibited in 7 CFR 3015, 3016 and 3019,
as applicable;
(e) For administrative expenses exceeding 20 percent of the FLH-TA
grant funds; or
(f) For purposes other than to encourage the development of farm
labor housing.
8. The grant funds shall not be used to substitute for any
financial support previously provided and currently available or
assured from any other source.
9. The disbursal of grants will be governed as follows:
(a) In accordance with 31 CFR part 205, grant funds will be
provided by RHS as cash advances on an as needed basis not to exceed
one advance every 30 days. The advances will be made by direct Treasury
check to the grantee. In addition, the grantee must submit Standard
Form (SF) 272, ``Federal Cash Transactions Report,'' each time an
advance of funds is made. This report shall be used by RHS to monitor
cash advances made to the grantee. The financial management system of
the recipient organization shall provide for effective control over and
accountability for all Federal funds as required by 7 CFR parts 3015,
3016, and 3019, as applicable.
(b) Cash advances to the grantee shall be limited to the minimum
amounts needed and shall be timed to be in accord only with the actual,
immediate cash requirements of the grantee in carrying out the purpose
of the planned project. The timing and amount of cash advances shall be
as close as administratively feasible to the actual disbursements by
the grantee for direct program costs (as identified in the grantee's
statement of work and budget
[[Page 54882]]
and fund use plan) and proportionate share of any allowable indirect
costs.
(c) Grant funds should be promptly refunded to the RHS and redrawn
when needed if the funds are erroneously drawn in excess of immediate
disbursement needs. The only exceptions to the requirement for prompt
refunding are when the funds involved:
(i) Will be disbursed by the recipient organization within 7
calendar days from the date of the Treasury check; or (ii) Are less
than $10,000 and will be disbursed within 30 calendar days from the
date of the Treasury check.
(d) Grantee shall provide satisfactory evidence to RHS that all
officers of the grantee's organization authorized to receive or
disburse Federal funds are covered by fidelity bonds in an amount of at
least the grant amount to protect RHS's interests.
10. The grantee will submit performance, financial, and annual
reports as required by 7 CFR parts 3015, 3016, and 3019, as applicable,
to the appropriate RHS office. These reports must be reconciled to the
grantee's accounting records.
(a) As needed, but not more frequently than once every 30 calendar
days, submit an original and two copies of SF-270, ``Request for
Advance or Reimbursement.'' In addition, the grantee must submit a SF-
272, each time an advance of funds is made. This report shall be used
by RHS to monitor cash advances made to the grantee.
(b) Quarterly reports will be submitted within 15 days after the
end of each calendar quarter. Quarterly reports shall consist of an
original and one copy of SF-425, ``Federal Financial Report,'' and a
quarterly performance report summarizing the grantee's activities and
accomplishments for the prior quarter. Item 10, g (total program
outlays) of the SF-425, will be less any rebates, refunds, or other
discounts. The quarterly performance report will provide a summary of
the grantee's activities for the prior quarter and their progress in
accomplishing the tasks described in the grantee's statement of work.
The quarterly report will also inform RHS of any problems or
difficulties the grantee is experiencing (i.e., locating sites, finding
feasible markets, gaining public support, etc.). The reports will be
reviewed by RHS for the purpose of evaluating whether the grantee is
accomplishing the objectives of the grant and whether RHS can assist
the grantee in any manner. Quarterly reports shall be submitted to a
designated official at the RHS National Office, with a copy of the
report to each State Director within the FLH-TA grant region where the
grantee is operating.
(c) Within 90 days after the termination or expiration of the grant
agreement, an original and two copies of SF-425, and a final
performance report which will include a summary of the project's
accomplishments, problems, and planned future activities of the grantee
under FLH-TA grants. Final reports may serve as the last quarterly
report.
(d) The RHS may change the format or process of the monthly and
quarterly activities and accomplishment reports during the performance
of the agreement.
11. In accordance with Office of Management and Budget (OMB)
Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments (available in any RHS office), compensation for employees
will be considered reasonable to the extent that such compensation is
consistent with that paid for similar work in other activities of the
State or local government.
12. If the grant exceeds $100,000, cumulative transfers among
direct cost budget categories totaling more than 5 percent of the total
budget must have prior written approval of RHS.
13. The results of the program assisted by grant funds may be
published by the grantee without prior review by RHS, provided that
such publications acknowledge the support provided by funds pursuant to
the provisions of Title V of the Housing Act of 1949, as amended, and
that five copies of each such publication are furnished to RHS.
14. The grantee certifies that no person or organization has been
employed or retained to solicit or secure this grant for a commission,
percentage, brokerage, or contingency fee.
15. No person in the United States shall, on the grounds of race,
religion, color, sex, familial status, age, national origin, or
disability, be excluded from participation in, be denied the proceeds
of, or be subject to discrimination in connection with the use of grant
funds. Grantee will comply with the nondiscrimination regulations of
RHS contained in 7 CFR part 1901, subpart E.
16. In all hiring or employment made possible by or resulting from
this grant:
(a) The grantee will not discriminate against any employee or
applicant for employment because of race, religion, color, sex,
familial status, age, national origin, or disability,
(b) The grantee will ensure that employees are treated without
regard to their race, religion, color, sex, familial status, age,
national origin, or disability. This requirement shall apply to, but
not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation; and selection
for training, including apprenticeship, and
(c) In the event grantee signs a contract related to this grant
which would be covered by any Executive Order, law, or regulation
prohibiting discrimination, grantee shall include in the contract the
``Equal Employment Clause'' as specified by Form RD 400-1, ``Equal
Opportunity Agreement.''
17. The grantee accepts responsibility for accomplishing the FLH-TA
grant program as submitted and included in its preapplication and
application, including its statement of work. The grantee shall also:
(a) Endeavor to coordinate and provide liaison with State and local
housing organizations, where they exist.
(b) Provide continuing information to RHS on the status of
grantee's FLH-TA grant programs, projects, related activities, and
problems.
(c) Inform RHS as soon as the following types of conditions become
known:
(i) Problems, delays, or adverse conditions which materially affect
the ability to attain program objectives, prevent the meeting of time
schedules or goals, or preclude the attainment of project work units by
established time periods. This disclosure shall be accompanied by a
statement of the action taken or contemplated, new time schedules
required and any RHS assistance needed to resolve the situation.
(ii) Favorable developments or events which enable meeting time
schedules and goals sooner than anticipated or producing more work
units than originally projected.
18. The grant closeout and termination procedures will be as
follows:
(a) Promptly after the date of completion or a decision to
terminate a grant, grant closeout actions are to be taken to allow the
orderly discontinuation of grantee activity.
(i) The grantee shall immediately refund to RHS any uncommitted
balance of grant funds.
(ii) The grantee will furnish to RHS within 90 calendar days after
the date of completion of the grant, SF-425 and all financial,
performance, and other reports required as a condition of the grant,
including a final audit report, as required by 7 CFR part 3015, 3016,
and 3019, as applicable. In accordance with 7 CFR part 3015 and OMB
Circular A-
[[Page 54883]]
133, audits must be conducted in accordance with generally accepted
government auditing standards.
(iii) The grantee shall account for any property acquired with FLH-
TA grant funds or otherwise received from RHS.
(iv) After the grant closeout, RHS will recover any disallowed
costs which may be discovered as a result of an audit.
(b) When there is reasonable evidence that the grantee has failed
to comply with the terms of this grant agreement, the Administrator (or
his or her designee) can, on reasonable notice, suspend the grant
pending corrective action or terminate the grant in accordance with
part B, paragraph 18(c) of this grant agreement. In such instances, RHS
may reimburse the grantee for eligible costs incurred prior to the
effective date of the suspension or termination and may allow all
necessary and proper costs which the grantee could not reasonably
avoid. RHS will withhold further advances and grantees are prohibited
from further use of grant funds, pending corrective action.
(c) Grant termination will be based on the following:
(i) Termination for cause. This grant may be terminated in whole,
or in part, at any time before the date of completion, whenever RHS
determines that the grantee has failed to comply with the terms of this
agreement. The reasons for termination may include, but are not limited
to, such problems as:
(A) Failure to make reasonable and satisfactory progress in
attaining grant objectives.
(B) Failure of grantee to use grant funds only for authorized
purposes.
(C) Failure of grantee to submit adequate and timely reports of its
operation.
(D) Violation of any of the provisions of any laws administered by
RHS or any regulation issued thereunder.
(E) Violation of any nondiscrimination or equal opportunity
requirement administered by RHS in connection with any RHS programs.
(F) Failure to maintain an accounting system acceptable to RHS.
(ii) Termination for convenience. RHS or the grantee may terminate
the grant in whole, or in part, when both parties agree that the
continuation of the project would not produce beneficial results
commensurate with the further expenditure of funds. The two parties
shall agree upon the termination conditions, including the effective
date and, in case of partial termination, the portion to be terminated.
(d) RHS shall notify the grantee in writing of the determination
and the reasons for and the effective date of the suspension or
termination. Except for termination for convenience, grantees have the
opportunity to appeal a suspension or termination in accordance with 7
CFR part 11.
19. Upon any default under its representations or agreements
contained in this instrument, the grantee, at the option and demand of
RHS, will repay to RHS forthwith the grant funds received with interest
at the rate of 5 percent per annum from the date of the default. The
provisions of this grant agreement may be enforced by RHS, at its
option and without regard to prior waivers by it or previous defaults
of the grantee, by judicial proceedings to require specific performance
of the terms of this grant agreement or by such other proceedings in
law or equity, in either Federal or state courts, as may be deemed
necessary by RHS to assure compliance with the provisions of this grant
agreement and the laws and regulations under which this grant is made.
20. Extension of this grant agreement, modifications of the
statement of work, or changes in the grantee's budget may be approved
by RHS provided, in RHS's opinion, the extension or modification is
justified and there is a likelihood that the grantee can accomplish the
goals set out and approved in the statement of work during the period
of the extension and/or modifications.
21. The provisions of 7 CFR parts 3015, 3016, and 3019, as
applicable, are incorporated herein and made a part hereof by
reference.
PART C Grantee Agrees
1. To comply with property management standards for expendable and
nonexpendable personal property established by 7 CFR parts 3015, 3016,
and 3019.
2. To provide a financial management system which will include:
(a) Accurate, current, and complete disclosure of the financial
results of each grant. Financial reporting will be on a cash basis. The
financial management system shall include a tracking system to insure
that all program income, including loan repayments, are used properly.
The standards for financial management systems are contained in OMB
Circular A-110 and 7 CFR part 3015.
(b) Records which identify adequately the source and application of
funds for grant supported activities. Those records shall contain
information pertaining to grant awards and authorizations, obligations,
unobligated balances, assets, liabilities, outlays, and income.
(c) Effecting control over and accountability for all funds,
property, and other assets. Grantee shall adequately safeguard all such
assets and shall assure that they are solely for authorized purposes.
(d) Accounting records supported by source documentation.
3. To retain financial records, supporting documents, statistical
records, and all other records pertinent to the grant for a period of
at least 3 years after the submission of the final performance report,
in accordance with part B, paragraph 10 (c) of this grant agreement,
except in the following situations:
(a) If any litigation, claim, audit, or investigation is commenced
before the expiration of the 3-year period, the records shall be
retained until all litigation, claims, audits, or investigative
findings involving the records have been resolved.
(b) For records for nonexpendable property acquired by RHS, the 3-
year retention requirement is not applicable.
(c) When records are transferred to or maintained by RHS, the 3-
year retention requirement is not applicable.
(d) Microfilm copies may be substituted in lieu of original
records. RHS and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access to any
books, documents, papers, and records of the grantee which are
pertinent to the specific grant program for the purpose of making
audits, examinations, excerpts, and transcripts.
4. To provide information as requested by RHS concerning the
grantee's actions in soliciting citizen participation in the
applications process, including published notices of public meetings,
actual Public meetings held, and content of written comments received.
5. Not to encumber, transfer, or dispose of the property or any
part thereof, furnished by RHS or acquired wholly or in part with FLH-
TA grant funds without the written consent of RHS.
6. To provide RHS with such periodic reports of grantee operations
as may be required by authorized representatives of RHS.
7. To execute Forms RD 400-1 and RD 400-4, ``Assurance Agreement,''
and to execute any other agreements required by RHS to implement the
civil rights requirements.
8. To include in all contracts in excess of $100,000, a provision
for compliance with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act, 42 U.S.C. 1857(h). Violations
shall be reported to RHS and the Regional Office of the Environmental
Protection Agency.
[[Page 54884]]
9. That no member of Congress shall be admitted to any share or
part of this grant or any benefit that may arise therefrom, but this
provision shall not be construed to bar as a contractor under the grant
a public-held corporation whose ownership might include a member of
Congress.
10. That all nonconfidential information resulting from its
activities shall be made available to the general public on an equal
basis.
11. That the grantee shall relinquish any and all copyrights and
privileges to the materials developed under this grant; such material
being the sole property of the Federal Government. In the event
anything developed under this grant is published in whole or in part,
the material shall contain a notice and be identified by language to
the following effect: ``The material is the result of tax-supported
research and as such is not copyrightable. It may be freely reprinted
with the customary crediting of the source.''
12. That the grantee shall abide by the policies contained in 7 CFR
parts 3015, 3016, or 3019, as applicable, which provide standards for
use by grantees in establishing procedures for the procurement of
supplies, equipment, and other services with Federal grant funds.
13. That it is understood and agreed that any assistance granted
under this grant agreement will be administered subject to the
limitations of section 516 of Title V of the Housing Act of 1949 and
that all rights granted to RHS herein or elsewhere may be exercised by
it in its sole discretion to carry out the purposes of the assistance,
and protect RHS's financial interest.
14. That the grantee will adopt a standard of conduct that provides
that, if an employee, officer, or agency of the grantee, or such
person's immediate family members conducts business with the grantee,
the grantee must not:
(a) Participate in the selection, award, or administration of a
contract to such persons for which Federal funds are used;
(b) Knowingly permit the award or administration of the contract to
be delivered to such persons or other immediate family members or to
any entity (i.e., partnerships, corporations, etc.) in which such
persons or their immediate family members have an ownership interest;
or
(c) Permit such person to solicit or accept gratuities, favors, or
anything of monetary value from landlords or developers of rental or
ownership housing projects or any other person receiving FLH-TA grant
assistance.
15. That the grantee will be in compliance with and provide the
necessary forms concerning the Debarment and Suspension and the Drug-
free Workplace requirements.
PART D RHS Agrees
1. That it will assist the grantee, within available
appropriations, with such technical and management assistance as needed
in coordinating the statement of work with local officials,
comprehensive plans, and any State or area plans for improving housing
for farmworkers.
2. That at its sole discretion, RHS may at any time give any
consent, deferment, subordination, release, satisfaction, or
termination of any or all of the grantee's grant obligations, with or
without valuable consideration, upon such terms and conditions as the
grantor may determine to be:
(a) Advisable to further the purposes of the grant or to protect
RHS's financial interests therein; and
(b) Consistent with the statutory purposes of the grant and the
limitations of the statutory authority under which it is made and RHS's
regulations.
[FR Doc. 2012-21885 Filed 9-5-12; 8:45 am]
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