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[Federal Register Volume 65, Number 120 (Wednesday, June 21, 2000)]
[Notices]
[Pages 38499-38506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15651]

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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 RFP announces an availability of funds and the timeframe 
to submit proposals for Farm Labor Housing Technical Assistance (FLH-
TA) grants.
    Section 516 of the Housing Act of 1949 authorizes the Rural Housing 
Service (RHS) to provide financial assistance (grants) to eligible 
private and public nonprofit agencies to encourage the development of 
domestic and migrant farm labor housing projects. This RFP requests 
proposals from qualified private and public nonprofit 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 applications for farm labor housing loans and 
grants under the section 514 and 516 programs and in an increase of 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 August 21, 2000. 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.

ADDRESSES: Applications should be submitted to the USDA--Rural Housing 
Service; Attention: Douglas MacDowell; Multi-Family Housing Processing 
Division--STOP 0781, 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: Sue M. Harris-Green, Deputy Director, 
Multi-Family Housing Processing Division--Direct Loans, RHS, USDA, Room 
1241, South Building, 1400 Independence Ave. SW., Washington, DC 20250-
0781, telephone (202) 720-1604. (This is not a toll free number.)

SUPPLEMENTARY INFORMATION: The technical assistance grants authorized 
under section 516 are for the purpose of encouraging the development of 
domestic and migrant farm labor housing projects under sections 514 and 
516 of the Act. Proposals must demonstrate the capacity to provide the 
intended technical assistance.
    The RHS intends to award one grant for each of three geographic 
regions. When establishing the three regions, 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.

Funding

    The RHS has the authority to utilize up to ten (10) percent of its 
section 516 appropriation for FLH-TA grants. The total FY 2000 
appropriation for section 516 is $13,500,000. Therefore, the total 
amount of the FY 2000 appropriation that is available for FLH-TA grants 
is $1,350,000. Of that amount, up to $506,250 will be available for 
each of the Eastern and Western Grant Regions and up to $337,500 of the 
remaining funds will be available for the Central Grant Region. Work 
performed under these grants must be completed within three years of 
entering into the grant agreement provided as Appendix A to this 
Notice. The disbursement of grant funds during the grant period will be 
contingent upon the grantee 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.

Eligibility

    Eligibility for grants under this notice is limited to private and 
public nonprofit agencies. Grantees 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 the Application Requirements section of

[[Page 38500]]

this notice). In addition, grantees must possess the ability to 
exercise leadership, organize work, and prioritize assignments to meet 
work demands in a timely and cost efficient manner. The grantee may 
arrange for other nonprofit agencies to provide services on its behalf; 
however, the RHS will expect the grantee to provide the overall 
management necessary to ensure the objectives of the grant are met. 
Nonprofit agencies acting on behalf of the grantee must also meet the 
eligibility requirements stated above.

Scope of Work

Minimum Performance Requirements

    (1) Grantees shall conduct outreach to broad-based nonprofit 
organizations, nonprofit 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 organizations to further the section 514 and 516 FLH 
programs. Grantees will make at least twelve informational 
presentations to the general public annually to inform them about the 
section 514 and 516 FLH programs.
    (2) Grantees shall conduct at least twelve 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) Grantees shall assist loan and grant applicants secure funding 
from other sources for the purpose of leveraging those funds with RHS 
funds.
    (4) Grantees 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 grantee 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 equal to 70 percent of the number of areas 
the grantee's proposal committed to targeting. Fractional percentages 
shall be rounded up to the next whole number. For example, if the 
grantee's proposal committed to targeting 13 areas, then the grantee 
must submit at least ten 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 grantee making progress in meeting this minimum performance 
requirement. More than one application package for the same market area 
will not be considered unless the grantee 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.

Application Requirements

    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, and
    g. The FLH-TA grant region for which the proposal is submitted 
(i.e., Eastern, Central, or Western Region).
    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 three 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 
grantee'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 RD 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 
grantee.
    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 
nonprofit agency and the financial ability to carry out the objectives 
of the grant program. If other agencies will be working on behalf of 
the grantee, working agreements between the grantee and those agencies 
must be submitted as

[[Page 38501]]

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 grantee to document the eligibility of those 
organizations.
    6. A detailed budget plan projecting the monthly and annual 
expenses the grantee will incur. Costs will be limited to those that 
are allowed under 7 CFR parts 3015, 3016 and 3019.
    7. To assure 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 
grantee.
    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 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 farm labor housing 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.

Application Scoring Criteria

    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 grantee 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; however, the 
more areas that they commit to targeting, the more loan application 
packages they will be expected to submit. The minimum performance 
requirements of this grant are based, in part, on the number of areas 
the applicant has committed to targeting. 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 grantee to cover as much of the grant region as 
possible. RHS does not want the grantee'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). 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

(Reminder: Applications only compete within their grant region)

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

    g. The level of success that the applicant entity has had in 
providing assistance to farmworkers (i.e., health, education, housing, 
etc.).
    Evidence that the applicant has had extensive success in providing 
assistance to farmworkers: 20 points.
    Evidence that the applicant has had moderate success in providing 
assistance to farmworkers: 10 points.
    Evidence that the applicant has had limited success in providing 
assistance to farmworkers: 5 points.
    Tie Breakers--In the event two or more proposals 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 there are equally scoring proposals, the lowest cost proposal 
will be selected.

[[Page 38502]]

    3. Any remaining proposals that are scored equally will be selected 
by lottery drawing.

Paperwork Reduction Act

    The collection information in this notice have received temporary 
emergency clearance by the Office of Management and Budget (OMB) under 
Control Number 0575-0181.
    However, in accordance with the Paperwork Reduction Act of 1995, 
RHS will seek standard OMB approval of the reporting requirements 
contained in the Notice and hereby opens a 60-day comment period.
    Estimate of Burden: Public reporting burden for this collection is 
estimated to be 2.06 hours per response.
    Respondents: Private and public nonprofit agencies.
    Estimated Number of Respondents: 12.
    Estimated Number of Responses per Respondents: 12.
    Estimated Number of Responses: 147.
    Estimated Total Annual Burden on Respondents: 303.
    Copies of this information collection can be obtained from Cheryl 
Thompson, Regulations and Paperwork Management Branch, at (202) 692-
0043.

Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Rural Housing Service, including whether the information will have 
practical utility; (b) the accuracy of the Rural Housing Service's 
estimate of the burden of the proposed collection of information 
including the validity of the methodology and assumptions used; (c) 
ways to enhance the quality, utility and clarity of the information to 
be collected; and (d) ways to minimize the burden of the collection of 
information on those who are to respond, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology. 
Comments may be sent to Cheryl Thompson, Regulations and Paperwork 
Management Branch, U.S. Department of Agriculture, Rural Development, 
STOP 0742, 1400 Independence Ave., SW., Washington, DC 20250. All 
responses to this notice will be summarized and included in the request 
for OMB approval. All comments will also become a matter of public 
record.

    Dated: June 15, 2000.
James C. Kearney,
Administrator, Rural Housing Service.

Appendix A--Farm Labor Housing Technical Assistance Grant Agreement

[Form Approved OMB No. 0575-0181]

Farm Labor Housing Technical Assistance Grant Agreement

    This agreement dated ______ is between ____________, the grantee, 
organized and operated under ____________________, and
    (authorizing State statute)
the United States of America acting through the Rural Housing Service 
(RHS). RHS agrees to grant a sum not to exceed $____________, subject 
to the terms and conditions of this agreement; provided, however, that 
the grant funds actually advanced and not needed for grant purposes 
shall be returned immediately to RHS. The Farm Labor Housing Technical 
Assistance (FLH-TA) grant statement of work approved by RHS, is 
attached, and shall commence within 10 days of the date of execution of 
this agreement by RHS and be completed by (date) ____________.
    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. 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 nonprofit 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

[[Page 38503]]

or maintenance of privately owned vehicles;
    (d) For any other purpose prohibited in 7 CFR parts 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 advance 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 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-269, ``Financial Status Report,'' and a 
quarterly performance report summarizing the grantee's activities and 
accomplishments for the prior quarter. Item 10, g (total program 
outlays) of SF-269, 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-269, 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:

[[Page 38504]]

    (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-269 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-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 
options 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 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.

[[Page 38505]]

    (b) 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 Form RD 400-1 and Form 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.
    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.
Part E--Attachments
    The grantee's statement of work is attached to and made a part of 
this grant agreement.
    This grant agreement is subject to current RHS regulations and any 
future regulations not inconsistent with the express terms hereof. 
Grantee has caused this grant agreement to be executed by its duly 
authorized ____________ properly attested to and its corporate seal 
affixed by its duly authorized ____________.

Attest:
    Grantee:

    By:
        ____________________________
        ____________________________
                (Title)

Date of Execution of Grant Agreement by Grantee:

        ____________________________

    United States of America
    Rural Housing Service

    By:
        ____________________________
        ____________________________

Date of Execution of Grant Agreement by RHS:

        ____________________________

Form Approved
OMB No. 0575-0181

Amendment To Farm Labor Housing Technical Assistance Grant Agreement

    This amendment between ____________, herein called the ``Grantee,'' 
and the United States of America acting through the Rural Housing 
Service, Department of Agriculture, herein called ``RHS,'' hereby 
amends the Farm Labor Housing Technical Assistance Grant Agreement 
originally executed by said parties on ____________.
    Said grant agreement is amended by extending the ending date of the 
grant agreement to ____________, or by making the following changes 
noted in the attachments hereto (list and identify proposals) and any 
other documents pertinent to the grant agreement which are attached to 
this amendment.
    The grantee has caused this ``Amendment To Farm Labor Housing 
Technical Assistance Grant Agreement'' to be executed by its duly 
authorized ________ properly attested to and its corporate seal affixed 
by its duly authorized ________________.

[[Page 38506]]

Attest:
    Grantee:

    By:
        ____________________________
                (Title)
Date of Execution of Amendment to Grant Agreement by Grantee:

        ____________________________

    United States of America
    Rural Housing Service:

    By:
        ____________________________
        ____________________________

                (Title)
Date of Execution of Amendment to Grant Agreement by RHS: 
________________.

[FR Doc. 00-15651 Filed 6-20-00; 8:45 am]
BILLING CODE 3410-XV-U
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