[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Notices]
[Pages 87494-87499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27691]


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DEPARTMENT OF VETERANS AFFAIRS


Funding Opportunity: Legal Services for Homeless Veterans and 
Veterans At-Risk for Homelessness Grant Program

AGENCY: Department of Veterans Affairs.

ACTION: Notice of funding opportunity.

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SUMMARY: The Department of Veterans Affairs (VA) is announcing the 
availability of funds for legal services grants under the Legal 
Services for Homeless Veterans and Veterans At-Risk for Homelessness 
(LSV-H) Grant Program. This Notice of Funding Opportunity (NOFO) 
contains information concerning the LSV-H Grant Program, the grant 
application processes, and the amount of funding available. Awards made 
for legal services grants will fund operations beginning on August 1, 
2024, for a period of 14 months.

DATES: Applications for legal services grants under the LSV-H Grant 
Program must be received by the Legal Services for Veterans (LSV) 
Program Office by 4:00 p.m. Eastern Standard Time (EST) on February 23, 
2024. In the interest of fairness to all eligible applicants, as 
described in this NOFO, this deadline is firm as to date and hour, and 
VA will treat any application that is received after the deadline as 
ineligible for consideration. Applicants should take this practice into 
account and make early submissions of their materials to avoid any risk 
of loss of eligibility brought about by unanticipated delays, computer 
service outages, or other submission-related problems.

ADDRESSES: For a copy of the application package: Copies of the 
application can be downloaded from the LSV website at www.va.gov/homeless/lsv.asp. Questions may be referred to the LSV Program Office 
via email at <a href="/cdn-cgi/l/email-protection#266a757061544748525566504708414950"><span class="__cf_email__" data-cfemail="cb87989d8cb9aaa5bfb88bbdaae5aca4bd">[email protected]</span></a>. For detailed LSV-H Grant Program 
information and requirements, see part 79 of title 38, Code of Federal 
Regulations (38 CFR part 79).
    Application Submission: Applicants must submit applications 
electronically following instructions found at www.va.gov/homeless/lsv.asp. Applications may not be mailed, hand carried, or sent by 
facsimile. Applications must be received by the LSV Grant Program 
Office by 4:00 p.m. EST on the application deadline date. Applications 
must arrive as a complete package. Materials arriving separately will 
not be included in the application package for consideration and may 
result in the application being rejected.
    In the event of certain errors, such as duplicate applications or 
multiple applications per Employer Identification Number, per VA 
Veterans Integrated Service Network catchment area, VA reserves the 
right to select which application to consider based on the submission 
dates and times or based on other factors.

[[Page 87495]]

    Technical Assistance: Information regarding how to obtain technical 
assistance with preparing a legal service grant application is 
available on the LSV Program website at www.va.gov/homeless/lsv.asp.

FOR FURTHER INFORMATION CONTACT: Ms. Madolyn Gingell, National 
Coordinator, Legal Services for Veterans, by email at <a href="/cdn-cgi/l/email-protection#2a66797c6d584b445e596a5c4b044d455c"><span class="__cf_email__" data-cfemail="135f40455461727d67605365723d747c65">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Funding Opportunity Title: Legal Services for Homeless Veterans and 
Veterans At-Risk for Homelessness Grant Program.
    Announcement Type: Initial.
    Funding Opportunity Number: VA-VJP-LSV-H-1023.
    Assistance Instrument: Grant.
    Assistance Listing: 64.056, Legal Services for Veterans Grant.

Table of Contents

Funding Opportunity Description 4
Purpose 4
Background 4
Definitions 5
Approach 5
Authority 5
Guidance for the Use of Funds 5
Award Information 7
Allocation of Funds 7
Funding Priorities 9
Funding Restrictions 9
Award Period 9
Eligibility Information 10
Eligible Applicants 10
Cost Sharing or Matching 10
Application and Scoring Information 11
Content and Form of Application 11
Review and Selection Process 19
Application Selection 19
Tie Score 21
Funding Actions 21
Award Administration Information 22
Award Notice 22
Administrative and National Policy 23
Payment 23
Reporting and Monitoring 24
Program Evaluation 25

Funding Opportunity Description

Purpose

    Ending and preventing homelessness among Veterans is a priority for 
VA. VA's Homeless Programs constitute the Nation's largest integrated 
network of homeless treatment and assistance services for Veterans. The 
LSV-H Grant Program's purpose is to award legal services grants to 
eligible public or non-profit private entities who will provide legal 
services to eligible Veterans who are homeless or at risk for 
homelessness.

Background

    This NOFO will provide awards designed to address the needs 
identified in 38 CFR part 79.20, including legal services related to 
housing; family law; income support; criminal defense; protective 
orders and other matters related to domestic or intimate partner 
violence; access to health care; requests to upgrade military discharge 
or dismissal of a former member of the Armed Forces under 10 U.S.C. 
1553; consumer law, such as financial services, debt collection, 
garnishments, usury, fraud, and financial exploitation; employment law; 
and the top 10 unmet legal needs as enumerated on VA's annual Community 
Homelessness Assessment, Local Education and Networking Groups 
(CHALENG) survey for the grant award year. CHALENG survey results can 
be found at https://www.va.gov/homeless/chaleng.asp. Funds provided 
through this NOFO must not duplicate or replace funds provided from any 
Federal, state, or local government agency or program to assist 
homeless Veterans.

Definitions

    38 CFR part 79.5 contains definitions of terms used in the LSV-H 
Grant Program.

Approach

    The goal of the LSV-H Grant Program is to assist Veterans who are 
homeless or at risk for homelessness who have unaddressed needs for 
legal services, which may create barriers to housing stability. 
Services provided to Veterans under this NOFO are designed to help 
Veterans increase housing stability by providing legal services, 
including eviction defense, that will help Veterans avoid homelessness 
or help them return to permanent housing in the community.

Authority

    Funding available under this NOFO is authorized by 38 U.S.C. 2022A. 
VA implements the LSV-H Grant Program through regulations in 38 CFR 
part 79. Funds made available under this NOFO are subject to the 
requirements of these regulations.

Guidance for the Use of Funds

    As noted above, the LSV-H Grant Program's purpose is to provide 
legal services grants to public or non-profit private entities that 
will directly provide legal services to eligible Veterans who are 
homeless or at risk for homelessness. The LSV-H Grant is not a Case 
Management Grant nor a Transitional Housing Grant. The applicant's 
request for funding must be consistent with the limitation and uses of 
legal services grant funds outlined in 38 CFR part 79 and this NOFO. 
Per the regulations and this NOFO, the following requirements apply to 
legal services grants awarded under this NOFO:
    Grantees may use a maximum of 10% of legal services grant funds for 
administrative costs as identified in 38 CFR part 79.90. Administrative 
costs consist of all costs, including all direct and indirect costs, 
associated with the management of the program. These costs may include 
professional training for attorneys to provide legal services for 
Veterans or other activities that are not direct services. These costs 
also include the administrative costs of subcontractors.
    Grantees must use at least 90% of legal services grant funds to 
provide legal services which are consistent with 38 CFR part 79.90. 
Grantees are expected to provide legal services relevant to issues that 
interfere with the participant's ability to obtain or retain permanent 
housing. (NOTE: Specific details of the legal services provided may be 
protected from being released to the grantee from a sub-grantee or VA 
under attorney-client privilege; however, the grantee must provide 
sufficient information to demonstrate the eligibility of the Veteran 
client as well as the frequency and type of legal services delivered.) 
Support for legal services can include paying for court filing fees to 
assist a participant with issues that interfere with the participant's 
ability to obtain or retain permanent housing or legal services, 
including issues that affect the participant's employability and 
financial security.
    Grantees are expected to use at least 10% of grant funds to provide 
legal services to women Veterans.

Award Information

Allocation of Funds

    Under this NOFO, approximately $26.8 million is available for 
grants to provide legal services to homeless Veterans or Veterans at 
risk for homelessness. The LSV-H Grant Program aims to provide grant 
funding up to a maximum of $300,000 to eligible applicants in a 14-
month grant cycle. The funding amount and number of awards will be 
determined based on the number of applications received by VA. Funding 
will only be awarded to applicants who demonstrate sufficient capacity 
to provide legal services to homeless Veterans or Veterans at risk for 
homelessness.
    Grants governed by this NOFO are expected to begin August 1, 2024. 
Future renewal funding is dependent on such factors as need, 
geographical dispersion, funding availability, the recipient meeting 
performance goals

[[Page 87496]]

and statutory and regulatory requirements, as well as results of VA 
performance measurement and monitoring.
    If VA determines that grantee spending is not meeting the minimum 
percentage milestones identified below, VA may elect to recoup 
projected unused funds and reallocate funds among other grantees who 
are able to fully use the funds to provide legal services during the 
grant period. Should VA elect to recoup unspent funds, reductions in 
available grant funds would take effect the first business day 
following the end of the quarter. VA may elect to recoup funds in the 
following circumstances:
    <bullet> The grantee's requests to VA for grant funds are less than 
10% of the total grant award by the end of the first quarter of the 
grant cycle, no later than October 31, 2024.
    <bullet> The grantee's requests to VA for grant funds are less than 
30% of the total grant award by the end of the second quarter of the 
grant cycle, no later than January 31, 2025.
    <bullet> The grantee's requests to VA for grant funds are less than 
55% of the total grant award by the end of the third quarter of the 
grant cycle, no later than April 30, 2025.
    Reductions will be calculated based on the total amount of payment 
requests submitted in the U.S. Department of Health and Human Services' 
(HHS) Payment Management System (PMS) by 5:00 p.m. EST on the last 
business day of the quarter. Should VA elect to recoup unspent funds, 
reductions in available grant funds would take place the first business 
day following the end of the quarter. If additional funds become 
available from funds recouped under the Award Information section of 
this NOFO, funds that are voluntarily returned by grantees, funds that 
become available due to a grant termination, or other funds that are 
still available for grant awards, VA may elect to offer these funds to 
other grantees. Additional funds may be provided to grantees who are in 
compliance with their grant agreement and have the capacity to use the 
additional funds, with priority given in descending order based on 
grantees' original application's ranking/score.

Funding Priorities

    * Priority 1: VA will place in the first funding priority those 
applications from organizations that have demonstrated the ability to 
directly provide three or more allowable legal services covered under 
the LSV-H Grant Program (38 CFR part 79.20) to eligible Veterans.
    * Priority 2: VA will place in the second funding priority those 
applications from organizations that are equitably distributed across 
geographic regions including (i) areas not being served by existing 
LSV-H awards, (ii) rural communities, (iii) tribal lands, and (iv) 
areas with a high number or percentage of Native Veterans.
    * Priority 3: VA will place in the third funding priority those 
applications from organizations with a demonstrated focus on providing 
legal services to women Veterans.
    Applications will be ranked in score order within the funding 
priority.

Funding Restrictions

    Applicants may not receive funding to replace funds provided by any 
other Federal, state, or local government agency or program to assist 
homeless Veterans. VA will not fund projects or activities deemed 
outside the scope of those enumerated in 38 CFR part 79.20 and this 
NOFO.

Award Period

    Grants awarded will be for a 14-month period starting August 1, 
2024.

Eligibility Information

Eligible Applicants

    For purposes of this NOFO, an eligible applicant is a public or 
non-profit private entity as defined in 38 CFR part 79.10. Applicants 
must have the necessary technical and administrative abilities and 
resources to execute the program successfully. Applicants must provide 
sufficient eligibility information to allow VA to evaluate their 
application for scoring purposes. Only eligible entities can apply in 
response to this NOFO.
    Applicants with 501(c)(3) Internal Revenue status must provide a 
copy of their status determination letter received from the Internal 
Revenue Service. Award recipients must maintain their status as a 
501(c)(3) or 501(c)(19) non-profit, state or local government, or 
recognized Indian tribal government as defined by General Services 
Administration regulations, 41 CFR part 105-71.102, for the entire 
award cycle. Faith-based organizations may apply for the LSV-H Grant 
Program. Faith-based organizations are eligible, on the same basis as 
any other organization, to participate in the LSV-H Grant Program as 
described in 38 CFR part 79.80.
    Applicants are required to register in the System for Award 
Management (SAM) located at https://sam.gov before submitting a Federal 
award application. Federal award recipients must continue to maintain 
an active SAM.gov registration with current information through the 
life of their Federal award.
    As described in 38 CFR part 79.10, this program prohibits issuing 
awards to entities that do not meet criteria for an eligible entity.

Cost Sharing or Matching

    Cost-sharing or matching is not required for this funding 
opportunity.

Application and Scoring Information

Content and Form of Application

    Applicants must submit applications electronically following 
instructions found at www.va.gov/homeless/lsv.asp. Applicants must 
include all required documents in their application submission. 
Submission of an incorrect, incomplete, inconsistent, unclear, or 
incorrectly formatted application package may result in the application 
being rejected.
    The application is organized into the following sections:

Section I: Administrative Information
A. Application Information
    a. Organization's Legal Name;
    b. Other Names under Which Organization Does Business;
    c. Organization's Address;
    d. Contact Person Name and Title;
    e. Telephone number for Contact Person;
    f. Email for Contact Person;
    g. Unique Entity Identifier (UEI);
    h. Employer Identification Number; and
    i. SAM expiration date.

    Note:  Applicants are required to be registered in SAM before 
submitting an application and must maintain an active SAM 
registration with current information at all times during which they 
have an active Federal award or an application under consideration 
by a Federal awarding agency.

B. Legal Services Proposed
    a. Amount of Legal Services Grant Funds Requested;
    b. Types of Legal Services that will be provided; and
    c. Projected Number of Eligible Veterans to be Served.
C. Geographic Region Served
    a. State(s) to be served;
    b. Counties to be served;
    c. Veterans Integrated Service Network(s) to be served; and
    d. Specific types of geographic regions to be served.
Section II: Background, Qualifications, Experience and Past Performance 
of Applicant, and any Identified Subcontractor (30 Maximum Points)
    VA will award points based on the background, qualifications, 
experience

[[Page 87497]]

and past performance of the applicant, and any subcontractors 
identified by the applicant in the legal services grant application, as 
demonstrated by the following:
    (1) Background and Organizational History.
    (i) Applicant's and any identified subcontractors' background and 
organizational history are relevant to providing legal services.
    (ii) Applicant and any identified subcontractors maintain 
organizational structures with clear lines of reporting and defined 
responsibilities.
    (iii) Applicant and any identified subcontractors have a history of 
complying with agreements and not defaulting on financial obligations.
    (2) Staff qualifications.
    (i) Applicant's staff, and any identified subcontractors' staff, 
have experience working with Veterans or individuals who are homeless, 
at risk for homelessness or who have very low income, as defined under 
38 CFR part 79.
    (ii) Applicant's staff, and any identified subcontractors' staff, 
have experience administering programs similar to the Grant Program 
under 38 CFR part 79.
    (3) Organizational qualifications and past performance.
    (i) Applicant, and any identified subcontractors, have 
organizational experience providing legal services to Veterans or 
individuals who are homeless, at risk for homelessness, or who have 
very low income as defined under 38 CFR part 79.
    (ii) Applicant and any identified subcontractors have or plan to 
hire staff, who are qualified to administer legal services, and as 
applicable, are in good standing as a member of the applicable State 
bar.
    (4) Experience working with Veterans, including Women Veterans.
    (i) Applicant's staff, and any identified subcontractors' staff, 
have experience working with Veterans, including women Veterans.
    (ii) Applicant and any identified subcontractors have 
organizational experience providing legal services to Veterans, 
including women Veterans.
Section III: Program Concept and Legal Services Plan (Maximum 30 
Points)
    VA will award points based on the applicant's program concept and 
legal services plan, as demonstrated by the following:
    (1) Need for program.
    (i) Applicant has shown a need among eligible Veterans in the area 
or community where the program will be based.
    (ii) Applicant understands the legal services needs unique to 
eligible Veterans in the area or community where the program will be 
based.
    (2) Outreach and screening plan.
    (i) Applicant has a feasible outreach and referral plan to identify 
and assist eligible Veterans in need of legal services. This plan 
should include a description of how the applicant will ensure that 
services are provided to eligible Veterans, including women Veterans, 
and how the applicant will use at least 10% of the grant funds to serve 
eligible women Veterans.
    (ii) Applicant has a plan to process and receive referrals from 
eligible Veterans.
    (iii) Applicant has a plan to assess and accommodate the needs of 
incoming eligible Veterans.
    (3) Program concept and design.
    (i) Applicant's program concept, size, scope, and staffing plan are 
feasible.
    (ii) Applicant's program is designed to meet the legal needs of 
eligible Veterans in the area or community where the program will be 
based.
    (iii) Applicant's program design detailing the specific types of 
legal services provided.
    (4) Program implementation timeline.
    (i) Applicant's program will be implemented in a timely manner, and 
legal services will be delivered to eligible Veterans as quickly as 
possible and within a specified timeline.
    (ii) Applicant has a hiring plan in place to meet the applicant's 
program timeline or has existing staff to meet such timeline.
    (5) Collaboration and communication with VA. Applicant has a plan 
to coordinate outreach and services with local VA facilities.
    (6) Ability to meet VA's requirements, goals, and objectives for 
the grant program. Applicant is committed to ensuring that its program 
meets VA's requirements, goals, and objectives for the grant program as 
identified in 38 CFR part 79 and the Purpose Section of the NOFO 
(https://www.federalregister.gov/documents/2022/06/01/2022-10930/legal-services-for-homeless-veterans-and-veterans-at-risk-for-homelessness-grant-program#sectno-reference-79.40).
    (7) Capacity to undertake program. Applicant has sufficient 
capacity, including staff resources, to undertake the program.
Section IV: Quality Assurance and Evaluation Plan (Maximum 15 Points)
    VA will award points based on the applicant's quality assurance and 
evaluation plan, as demonstrated by the following:
    (1) Program evaluation.
    (i) Applicant has created clear, realistic, and measurable metrics 
that align with the grant program's aim of addressing the legal needs 
of eligible Veterans for which the applicant's program performance can 
be continually evaluated.
    (2) Monitoring.
    (i) Applicant has adequate controls in place to regularly monitor 
the program, including any subcontractors, for compliance with all 
applicable laws, regulations, and guidelines.
    (ii) Applicant has adequate financial and operational controls in 
place to ensure the proper use of legal services grant funds.
    (iii) Applicant has a plan for ensuring that the applicant's staff 
and any subcontractors are appropriately trained and comply with the 
requirements of 38 CFR part 79.
    (3) Remediation. Applicant has a plan or establishes a system to 
remediate non-compliant aspects of the program if and when they are 
identified.
    (4) Management and reporting. Applicant's program management team 
has the capability and a system in place to provide to VA timely and 
accurate reports, no less than quarterly.
Section V: Financial Capability and Plan (Maximum 15 Points)
    VA will award points based on the applicant's financial capability 
and plan, as demonstrated by the following:
    (1) Organizational finances. Applicant and any identified 
subcontractors are financially stable.
    (2) Financial feasibility of program.
    (i) Applicant has a realistic plan for obtaining all funding 
required to operate the program for the period of the legal services 
grant.
    (ii) Applicant's program is cost-effective and can be effectively 
implemented on budget.
Section VI: Area Linkages and Relations (Maximum 10 Points)
    VA will award points based on the applicant's area or community 
linkages and relations, as demonstrated by the following:
    (1) Area or community linkages. Applicant has a plan for developing 
or has existing linkages with Federal (including VA), state, local, and 
tribal governments, agencies, and private entities for the purposes of 
providing additional legal services to eligible Veterans.
    (2) Past working relationships. Applicant (or applicant's staff) 
and any identified subcontractors (or subcontractors' staff) have 
fostered successful working relationships and

[[Page 87498]]

linkages with public and private organizations providing legal and non-
legal supportive services to Veterans in need of services similar to 
those covered under the Grant Program.
    (3) Local presence and knowledge.
    (i) Applicant has a presence in the area or community to be served 
by the applicant.
    (ii) Applicant understands the dynamics of the area or community to 
be served by the applicant.
    (4) Integration of linkages and program concept. Applicant's 
linkages to the area or community to be served by the applicant enhance 
the effectiveness of the applicant's program.
Section VII: Applicant Certifications and Assurances
    Applicants must sign and submit the grant application agreeing to 
the following:
    (1) Project Budget Template. Applicants must attach an itemized 
detailed budget using the approved SF 424A form and corresponding to 
the narrative provided in the financial capability and plan. The 
categories and costs included in the detailed budget must indicate the 
plan and demonstrate compliance with cost principles. See the 
Attachments section at the end of the application. Successful 
applicants must follow all applicable budget requirements, including 
the Federal cost principles in subpart E of 2 CFR part 200, LSV 
regulations at 38 CFR part 79, and budget requirements of this NOFO.
    (2) Additional Eligibility Documentation. Applicants will provide 
other required or optional materials as attachments, including the 
following:
    (i) Budget Template (required);
    (ii) Letters of coordination (optional); and
    (iii) Resumes or position descriptions of key staff (required).
Section VIII: Criteria for Threshold Review
    Submission of an incorrect, incomplete, inconsistent, unclear, or 
incorrectly formatted application package may result in the application 
being rejected and not considered for award. Only applications that 
meet threshold requirements in 38 CFR part 79.30 will be scored 
consistent with criteria in 38 CFR part 79.35.

Review and Selection Process

    Applications will be ranked in score order by funding priority as 
described in this NOFO Award Information, Funding Priorities, and 38 
CFR part 79.40. VA will rank those applicants who score at least 60 
cumulative points and receive at least one point under each of the 
following categories: (a) Background, Qualifications, Experience, and 
Past Performance of Applicant and Any Identified Subcontractor; (b) 
Program Concept and Legal Services Plan; (c) Quality Assurance and 
Evaluation Plan; (d) Financial Capability and Plan; and (e) Area 
Linkages and Relations The applicants will be ranked in order from 
highest to lowest.

Application Selection

    VA will only score applications that meet the following threshold 
requirements in 38 CFR part 79.30: the application is filed within the 
time period established in the NOFO, and any additional information or 
documentation requested by VA under 38 CFR part 79.25(c) is provided 
within the timeframe established by VA; the application is completed in 
all parts; the activities for which the legal services grant is 
requested are eligible for funding under 38 CFR part 79; the 
applicant's proposed participants are eligible to receive legal 
services under 38 CFR part 79; the applicant agrees to comply with the 
requirements of 38 CFR part 79; the applicant does not have an 
outstanding obligation to the Federal Government that is in arrears and 
does not have an overdue or unsatisfactory response to an audit; and 
the applicant is not in default by failing to meet the requirements for 
any previous Federal assistance.
    Applications that meet threshold will be scored. Applications will 
be assigned to the highest priority group for which they are eligible. 
Applications will be ranked in score order by funding priority as 
described in this NOFO Award Information, Funding Priorities, and 38 
CFR part 79.40. Applications in priority 1 that receive the minimum 
score to be eligible for selection will be considered in score order 
before applications in priority 2 are considered, etc.
    VA will use an application's rank as the primary basis for 
selection for funding; however, VA will also use the considerations 
listed in 38 CFR part 79.40(d) to select applicants for funding. For 
example, pursuant to 38 CFR part 79.40(d)(1), reviewers will give 
preference to applications that demonstrate an ability to directly 
provide legal services to eligible individuals.
    Review and selection process may be found at 38 CFR part 79.40. In 
case of a discrepancy between information provided by the applicant and 
other information available to VA, VA reserves the right to make 
funding decisions based on all available information or to not select 
an application. Additional selections may be considered, at VA's 
discretion, until available funding is exhausted.
    Depending on factors such as the quantity and quality of 
applications received and the availability of funding, VA reserves the 
right to make additional rounds of conditional selections from this 
NOFO to the eligible pool of applicants, or to take other actions as 
appropriate. VA reserves the right to negotiate with applicants, as 
needed, to accomplish the overall goals and objective.
    Consistent with 2 CFR part 200.206(b), VA evaluates risk posed by 
applicants at any time pre-award or post-award. Special conditions, 
adjustments, or remedies corresponding to the degree of risk may be 
applied to an award (2 CFR parts 200.206, 200.208, 200.339). Risk 
evaluations may include but are not limited to an evaluation of the 
applicant's eligibility, the quality of its application, the needs of 
the community, the organization's financial stability, management 
systems and standards, the history of performance, the status of Single 
Audit reports, an ability to effectively implement requirements, the 
status of any VA or other Federal debt, and the findings of any VA 
fiscal reviews.

Tie Score

    In the event of a tie score between applications, VA will determine 
at its discretion how to handle selection decisions (for example, 
selecting multiple applications for award or awarding for less than 
requested). VA will consider the intent of this NOFO to fund legal 
services to assist vulnerable Veterans in retaining their permanent 
housing. VA's discretionary funding decisions are final.

Funding Actions

    VA will provide funding to all eligible applicants in the Priority 
Group score order described in this NOFO until funding is exhausted. 
Funding is not guaranteed. Before awarding a grant agreement, VA 
reserves the right to make adjustments (e.g., to funding levels) as 
needed within the intent of this NOFO based on a variety of factors, 
including the quantity and quality of applications, geographic 
dispersion, as well as the availability of funding.
    VA will consider any information that comes to its attention, 
including information in the designated integrity and performance 
system, in making a judgment about the applicant's integrity, business 
ethics, and performance under Federal awards. VA may not make a Federal 
award to an applicant if the applicant has not complied with all

[[Page 87499]]

applicable UEI and SAM.gov requirements. Applicants may refer to 2 CFR 
part 25 and SAM.gov for more information.
    If an applicant has not fully complied by the time the Federal 
awarding agency is ready to make a Federal award, the Federal awarding 
agency may determine that the applicant is not qualified to receive a 
Federal award and use that determination as a basis for making a 
Federal award to another applicant. VA may elect to award additional 
applications based on the availability of funds and quality of 
applications. Upon signature of the grant agreement by the Secretary, 
or designated representative, final selection will be completed, and 
the grant funds will be obligated for the funding period.

Award Administration Information

Award Notices

    Although subject to change, the LSV Grant Program expects to 
announce grant awards on or around July 1, 2024. VA reserves the right 
to make adjustments (e.g., to funding levels), as needed, within the 
intent of the NOFO based on a variety of factors, including the 
availability of funding. The initial announcement will be made through 
a news release posted on the VA's LSV website at www.va.gov./homeless/
lsv.asp.
    The LSV Grant Program will notify successful and unsuccessful 
applicants. Only a grant agreement with a VA signature is evidence of 
an award and is an authorizing document allowing costs to be incurred 
against a grant award. Other notices, letters, or announcements are not 
authorizing documents. The grant agreement includes the terms and 
conditions of the award and must be signed by the entity and VA to be 
legally binding.

Administrative and National Policy Requirements

    VA places great emphasis on responsibility and accountability. VA 
has procedures in place to monitor grants provided under the LSV Grant 
Program. All applicants selected in response to this NOFO must agree to 
meet applicable inspection standards outlined in the grant agreement.
    Grantees are responsible for complying with all requirements of the 
Federal award. Federal awards must also comply with the provisions of 
the Federal Funding Accountability and Transparency Act, which includes 
requirements on executive compensation, and other requirements found at 
2 CFR parts 25 and 170. Grantees and their employees also are subject 
to the whistleblower rights and remedies established in 41 U.S.C. 4712.

Payment of Grant Funds

    Grantees will receive payments electronically through the HHS PMS. 
Grantees will have the ability to request payments as frequently as 
they choose subject to the following limitations:
    1. During the first quarter of the grantee's legal services 
annualized grant award period, the grantee's cumulative requests for 
legal services grant funds may not exceed 35% of the total legal 
services grant award without written approval by VA.
    2. By the end of the second quarter of the grantee's legal services 
annualized grant award period, the grantee's cumulative requests for 
legal services grant funds may not exceed 60% of the total legal 
services grant award without written approval by VA.
    3. By the end of the third quarter of the grantee's legal services 
annualized grant award period, the grantee's cumulative requests for 
legal services grant funds may not exceed 80% of the total legal 
services grant award without written approval by VA.
    4. By the end of the fourth quarter of the grantee's annualized 
legal services grant award period, the grantee's cumulative requests 
for legal services grant funds may not exceed 100% of the total legal 
services grant award.

Reporting and Monitoring

    VA places great emphasis on the responsibility and accountability 
of grantees. As described in 38 CFR part 79.95, VA has procedures to 
monitor legal services provided to participants and outcomes associated 
with the legal services provided under the LSV Grant Program. 
Applicants should be aware of the following:
    1. Grantees will be required to track data that will consist of 
information on the participants served and the types of legal services 
provided by grantees and subsequent outcomes. Information regarding 
legal services provided may be protected from being released to VA 
under attorney-client privilege; however, the grantee must provide 
sufficient information to demonstrate the frequency and type of 
services delivered to meet performance measurement outcomes, as defined 
in 2 CFR part 200.301.
    2. VA will complete annual monitoring evaluations of each grantee. 
Monitoring also will include the submission of quarterly and yearly 
financial and performance reports by the grantee in accordance with 2 
CFR part 200. The grantee will be expected to demonstrate adherence to 
the grantee's proposed program concept, as described in the grantee's 
application. All grantees are also subject to audits conducted by VA or 
its representative.
    3. Grantees will be assessed based on their ability to meet 
critical reporting requirements that are defined by the regulations.

Program Evaluation

    The purpose of program evaluation is to evaluate the program's 
success.
    1. Grantees will participate in VA's national project monitoring 
and evaluation to determine successful outcomes. Each grantee's 
performance will be measured against established performance targets.
    2. Grantees who do not meet the performance measures or who 
otherwise perform or appear to perform less than satisfactorily may be 
subject to additional conditions of award. Additional conditions may 
include, but are not limited to, increased reporting or monitoring, 
reductions, withholding, suspension, termination, or other remedies for 
non-compliance at VA's discretion.
    3. VA reserves the right to add, remove, or change at any time 
prior to or during the award period the performance measures, targets, 
services, caseload requirements, grant payment amounts, payment 
schedule, or other grant requirements.
    4. VA's overall performance for all grants funded from this NOFO 
will be measured against the same criteria and targets used for each 
grant.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved and signed 
this document on December 12, 2023, and authorized the undersigned to 
sign and submit the document to the Office of the Federal Register for 
publication electronically as an official document of the Department of 
Veterans Affairs.

Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of 
General Counsel, Department of Veterans Affairs.
[FR Doc. 2023-27691 Filed 12-15-23; 8:45 am]
BILLING CODE 8320-01-P


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