[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Pages 3071-3079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01076]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service

[Docket No. RHS-21-MFH-0015]


Off-Farm Labor Housing Technical Assistance (Off-FLH TA) Grants

AGENCY: Rural Housing Service, United States Department of Agriculture 
(USDA).

ACTION: Notice of funds availability (NOFA).

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SUMMARY: The Rural Housing Service (RHS), a Rural Development (RD) 
agency of the United States Department of Agriculture (USDA), announces 
the availability of $1 million in grant funding, and the timeframe to 
submit applications for Off-Farm Labor Housing Technical Assistance 
(Off-FLH TA) grants. This NOFA solicits applications from eligible 
private and public nonprofit (NP) agencies to provide technical 
assistance (TA) to organizations and groups qualified to apply for 
Section 514 Off-Farm Labor Housing (Off-FLH) loans and Section 516 Off-
FLH grants. Work performed under these grants is expected to increase 
the availability of decent, safe, and sanitary housing for farm 
laborers.

DATES: The closing deadline for receipt of all applications in response 
to this NOFA is 5:00 p.m., Eastern Daylight Time on March 21, 2022. See 
the SUPPLEMENTARY INFORMATION section for additional information.

ADDRESSES: Applications to this Notice must be submitted electronically 
via CloudVault. Specific instructions on how to submit applications 
electronically are provided below within this Notice under the 
SUPPLEMENTARY INFORMATION section and can also be viewed at: https://www.grants.gov.

FOR FURTHER INFORMATION CONTACT: Christa Lindsey, Production and 
Preservation Division, Multi-Family Housing via email: 
<a href="/cdn-cgi/l/email-protection#aecdc6dcc7dddacf80c2c7c0caddcbd7eedbddcacf80c9c1d8"><span class="__cf_email__" data-cfemail="3e5d564c574d4a5f105257505a4d5b477e4b4d5a5f10595148">[email protected]</span></a> or at (352) 538-5747 (this is not a toll-free 
number). Persons with disabilities who require alternative means for 
communication should contact the U.S. Department of Agriculture (USDA) 
Target Center at (202) 720-2600 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION:

Authority

    This solicitation is authorized under Section 516(i) of the Housing 
Act of 1949, as amended; 42 U.S.C. 1486(i); and 7 CFR 3560.

Rural Development: Funding Key Priorities

    The Agency encourages applicants to consider projects that will 
advance the following three key priorities:
    <bullet> Assisting Rural communities recover economically from the 
impacts of the COVID-19 pandemic, particularly disadvantaged 
communities.
    <bullet> Ensuring all rural residents have equitable access to RD 
programs and benefits from RD funded projects; and
    <bullet> Reducing climate pollution and increasing resilience to 
the impacts of climate change through economic support to rural 
communities.
    Additional information regarding RD's funding priorities is 
available at the following website: https://www.rd.usda.gov/priority-points.
    Expenses incurred in developing grant application packages will be 
at the applicant's sole risk.

Overview

    Federal Agency: Rural Housing Service.
    Funding Opportunity Title: Off-Farm Labor Housing Technical 
Assistance Grants.
    Announcement Type: Notice of Funding Availability.
    Assistance Listing (AL) Number: 10.495.
    Due Date for Applications: The deadline for receipt of all 
applications in response to this NOFA is 5:00 p.m., Eastern Daylight 
Time on March 21, 2022.
    Submissions: Complete application packages must be submitted

[[Page 3072]]

electronically via CloudVault and must be received by the closing 
deadline.

Items in Supplementary Information

I. Program Overview
II. Federal Award Information
III. Definitions
IV. Eligibility Information
V. Application Submission Information
VI. Application Proposal Information and Review, Evaluation and 
Scoring Criteria
VII. Federal Award Administration Information
VIII. Other Information

I. Program Overview

A. Background

    The Rural Housing Service (RHS or Agency) is an agency of the U.S. 
Department of Agriculture. RHS administers the Multifamily Housing 
Programs that provides affordable multifamily rental housing in rural 
areas by financing projects geared for low-income, elderly, and 
disabled individuals and families as well as domestic farm laborers. 
MFH programs extends its reach by guaranteeing loans for affordable 
rental housing designed for low to moderate-income residents in rural 
areas and towns. MFH Programs are administered, subject to 
appropriations, by the USDA as authorized under Sections 514, 515 and, 
516 and 521 of the Housing Act of 1949, as amended.
    RHS regulations for Section 514 and Section 516 Off-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. The 
technical assistance grants authorized under Section 516 are for the 
purpose of encouraging development of domestic and migrant Off-FLH 
projects under Sections 514 and 516 of the Housing Act of 1949. The 
primary work of the Off-FLH TA grants funded by this announcement is to 
facilitate improved development and packaging of the Off-FLH loan and 
grant applications, which is expected to increase the availability of 
decent, safe, and sanitary housing for farm laborers. Proposals must 
demonstrate the capacity to provide the intended technical assistance.
    Eligible nonprofits must demonstrate experience and expertise in 
FLH development, technical assistance delivery, and federal grant 
management, and must have the capacity to provide advisory services to 
groups and organizations who are eligible to apply for Off-FLH loans 
and grants, but who lack the experience and/or capacity to develop and 
package their own loan and grant dockets to submit to the Agency for 
funding consideration. Responding entities may apply to serve a single 
State or multi-State area. Funding for this opportunity is $1 million.

B. Program Description

    The technical assistance grants authorized under this funding 
opportunity are for the purpose of encouraging off-farm labor housing 
development under Section 516(i) of the Housing Act of 1949, as 
amended; (42 U.S.C. 1486(i)). RHS regulations for Section 514 and 
Section 516 Off-FLH programs and provisions for FLH technical 
assistance grants are published at 7 CFR part 3560, subpart L.
    Eligible entities responding to this notice are expected to bring 
knowledge, experience, and expertise in farm labor housing development, 
federal grant administration, and technical assistance program 
development, implementation, and delivery. Respondents may submit 
applications to serve a single state or multi-state areas.

II. Federal Award Information

A. Assistance Listing (AL) Number: 10.495

    Assistance Listing (AL) Title: Farm Labor Housing Technical 
Assistance (FLH TA) Grants.

B. Award Information

    The Agency will evaluate and score the grant applications according 
to the criteria set forth in this NOFA. The minimum award per funded 
application will be $50,000 and the maximum award per funded 
application will be $250,000. The Agency reserves the right to withhold 
the awarding of funds for applications that fail to meet the minimum 
required score of 70 points.
    Applicants selected for funding will complete a grant agreement 
suitable to the Agency, which outlines the terms and conditions of the 
Grant award. The Agency may request changes to the Statement of Work 
(SOW) which will be incorporated into the grant agreement. If a 
selected grantee does not accept the terms of the Agency and/or does 
not deliver an executed Grant Agreement to the Agency within ten 
business days after receiving the Grant Agreement with the Agency-
approved SOW, the Agency may choose to rescind the award and select 
another grantee based on scoring without further notice.

C. Period of Performance

    The period of performance is 24 months with one possible extension 
allowed for up to an additional 12 months at the Agency's discretion. 
However, proposals should be structured to utilize all grant funds 
within 24 months from the date of the award. The grant term will be 
defined in the Grant Agreement and will become effective once signed by 
the grantee and the Agency. Grant funds will be obligated within ten 
business days after executing the Grant Agreement.

III. Definitions

    The terms and conditions provided in this NOFA are applicable to 
and for the purposes of this NOFA only. Unless otherwise provided in 
the award documents, all financial terms not defined herein shall have 
the meaning as defined by Generally Accepted Accounting Principles 
(GAAP).
    Agency means the Rural Housing Service (RHS), an agency of the U.S. 
Department of Agriculture.
    Capacity for the purpose of this notice is defined as demonstrated 
experience in the areas of federal grant administration and farm labor 
housing technical assistance program development and delivery.
    Curable deficiency is defined as an error, omission, or oversight 
that if corrected, would not alter, in a positive or negative fashion, 
the review and scoring of the application package.
    Grantee is an entity that has received a grant award from the 
Agency.
    Key personnel services include technical assistance delivery and 
grant administration.
    Period of performance means the total estimated time interval 
between the start of the initial grant award and the planned end date.
    Private nonprofit agency is a corporation owned and controlled by 
private persons; is organized and operated for purposes other than 
making gains or profits for the corporation or members; and is legally 
precluded from distributing to its members any gains or profits.
    Public nonprofit agency is a nonprofit corporation other than a 
private nonprofit corporation, including a municipal corporation or 
other corporate agency of a State, Tribal or local government.
    Rural Development (RD) means a mission area within USDA which 
includes Rural Housing Service, Rural Utilities Service, and Rural 
Business-Cooperative Service.
    Technical Assistance for the purpose of this notice is defined as 
technical expertise, information and services provided by an eligible 
nonprofit entity with the necessary farm labor housing development 
knowledge, experience, and capacity to an Off-FLH applicant entity who 
lacks the knowledge, experience and/or capacity to develop, package, 
and submit their own loan and

[[Page 3073]]

grant dockets to the Agency for funding consideration.
    Targeted service market areas for the purpose of this notice are 
market areas identified as having unmet need and/or unsatisfied market 
demand for new off-farm labor housing development projects.

A. Commonly Used Acronyms

CFR Code of Federal Regulation
DUNS Data Universal Numbering System
FLH Farm Labor Housing
NOFA Notice of Funding Availability
NP Nonprofit entity RD Rural Development
RHS Rural Housing Service
SAM System for Award Management
SOW Statement of Work
TA Technical Assistance
USDA United States Department of Agriculture

IV. Eligibility Information

A. Applicants

    Applicants must meet the following eligibility requirements by the 
application deadline. Applications that fail to meet any of these 
requirements by the application deadline will be deemed ineligible and 
will not be evaluated further.

B. Applicant Eligibility

    Eligibility for grants under this NOFA is limited to private 
nonprofit and public nonprofit agencies.

C. Organization Status

    (1) Responding entities must document their organization status as 
follows:
    (i) Status (i.e., Articles of Incorporation) as a Non-Profit (NP) 
entity.
    (ii) Good standing within the State, or Tribe, in which the entity 
is organized.
    (iii) Legal authority to provide the stated services under the 
applicable laws for the state(s) (or tribes) in which operation is 
proposed. Examples of acceptable documentation include but are not 
limited to bylaws, organizational charters, and statutes or 
regulations.
    (iv) No current or unresolved default or violation of any other 
Federal, Tribal, State, or local grant or loan agreement(s).
    (v) All applicants will be screened for eligibility to participate 
in the grant program using Treasury's Do Not Pay Portal in compliance 
with the Improper Payments Elimination and Recovery Improvement Act.
    (vi) Applicants are not eligible if they have been debarred or 
suspended or otherwise excluded from, or ineligible for, participation 
in Federal assistance programs under 2 CFR parts 180 and 417.
    (vii) All applicants must have the knowledge, experience, and 
capacity to deliver the off-farm labor housing technical assistance 
services outlined within this Notice. Applicants will include a 
proposed SOW which will be evaluated as part of the application 
package.
    (viii) The requirements above will also apply to any entities 
performing services on behalf of the respondent.

D. Activities

    (1) The primary work under these Off-FLH TA grants will focus on 
private and public nonprofit technical assistance providers delivering 
advisory services to qualified Off-FLH loan/grant applicant groups and 
organizations who lack the knowledge, experience and/or capacity to 
develop, package, and submit their own loan and grant dockets to the 
Agency for funding consideration.
    (2) Qualified applicants for Section 514 loans and Section 516 
grants may include broad-based non-profit organizations, non-profit 
organizations of farmworkers, federally recognized Indian tribes, 
community organizations, agencies, or political subdivisions of State, 
Tribal or local Government, public agencies (such as housing 
authorities), and other eligible FLH organizations.
    (3) Grantees are expected to provide technical assistance services 
directly to recipients; therefore, using consultants/contractors for 
key personnel services (technical assistance delivery and grant 
administration) will be limited to a maximum of 10% of the total key 
personnel services budget. This requirement is intended to advance the 
Agency's goal of increasing the capacity of Agency-funded nonprofit TA 
providers to deliver technical assistance services directly to 
recipients.
    (4) Off-Farm labor housing may be constructed in either urban or 
rural areas if need and demand for such housing is supported. Grantees 
will concentrate their activities in market areas identified as having 
unmet need and/or unsatisfied market demand for new Off-FLH 
construction projects.

E. Eligible Purposes/Costs

    Costs will be limited to those allowed under 2 CFR part 200. 
Grantees may, with Agency concurrence and approval, utilize Off-FLH TA 
grant funds for the following purposes (this is not an exhaustive 
list):
    (1) Conducting targeted outreach efforts to inform and recruit 
potential Off-FLH applicants.
    (2) Providing advisory services to eligible Off-FLH applicants for 
conducting site searches, estimating construction costs, resolving 
planning, and zoning issues, and negotiating and executing property 
acquisitions.
    (3) Assisting applicants during the application development, 
packaging, submission, underwriting and closing processes; and for 
other transaction details that are considered part of the application 
process, such as financial analyses, Capital Needs Assessments (CNAs), 
appraisals, market surveys/studies, and other consultation, advisory 
and non-construction services.
    (4) Grantees may also on a case-by-case basis with advanced 
approval by the Agency, provide technical assistance to entities 
approved for Off-FLH funding during the construction and rent-up/lease-
up phases of development and provide training to Agency-funded Off-FLH 
projects to support successful long-term management of Off-FLH 
properties.

F. Ineligible Purposes/Costs

    In addition to costs identified as unallowable by 2 CFR part 200 or 
400, grant funds cannot be used for the following (this is not an 
exhaustive list):
    (1) Construction (in any form) including building materials, labor, 
and costs or expenditures otherwise typically included as hard costs 
for actual construction.
    (2) To reimburse grantees for technical assistance services 
provided to another nonprofit or public body applicant in the 
development and packaging of its loan/grant docket and project when 
those applicant entities have requested reimbursement for technical 
assistance expenses as part of their total project development cost 
(See (7 CFR 3560.553 (c)) & 7 CFR 3560.53 (o) (3). (Duplication of 
service costs is not allowed.)
    (3) In counties with Agency-financed Off-FLH properties currently 
operating under a ``diminished need'' occupancy waiver (7 CFR 3560.152; 
3560.576 (e)).
    (4) When an identity of interest exists between the technical 
assistance provider (or any third-party entity acting on their behalf) 
and the loan/grant applicant. Identity of interest is defined in 7 CFR 
3560.11.

G. Conflicts of Interest

    Conflicts of interest are situations in which an officer, director, 
board member, agent, employee, or partner of the non-Federal entity 
being considered for a Federal award, any immediate family member of 
the parties indicated herein, or any organization which employs or is 
about to employ any of the parties indicated herein, have a competing 
personal, professional, financial, and/or other interest in activities 
performed under the Federal

[[Page 3074]]

award or may receive a tangible personal benefit from activities 
performed under the Federal award which renders them unable, or gives 
the appearance of being unable, to be impartial in conducting/
administering the Federal award. Organizational conflicts of interest 
are situations in which the non-Federal entity being considered for a 
Federal award is unable, or appears to be unable, to be impartial in 
conducting/administering the Federal award because of its relationship 
with a parent company, affiliate, subsidiary organization, or other 
related organization or party.
    (1) Entities applying for funding under this Notice and funded 
Grantees must disclose in writing any potential conflicts of interest 
to the Agency, including situations that would create a conflict of 
interest, potential for conflict of interest, or any appearance of a 
conflict of interest.
    (2) No Grantee funded under this Notice or its officers, directors, 
board members, agents, employees, or partners can participate in 
conducting or administering the Off-FLH TA grant award if a real or 
apparent conflict of interest exists.
    (i) Unless approved by the agency, neither the Grantee nor any 
officer, director, board member or partner of the Grantee may accept or 
share any compensation or remuneration, directly or indirectly, in any 
form whatsoever, from or with any party interested in the activities 
performed under the grant agreement.
    (ii) Unless approved by the agency, neither the Grantee nor any 
officer, director, board member, partner or any person employed by the 
Grantee may accept compensation or remuneration contrary to the 
intentions of the grant agreement.
    (iii) Unless approved by the agency, neither the Grantee nor any 
officer, director, board member or partner of the Grantee may be 
involved as an officer, director, board member or general partner in a 
business venture with an officer, director, board member or general 
partner of any other party interested in the activities performed under 
the grant agreement.
    (3) Grantees funded under this Notice must maintain written 
standards of conduct governing organizational conflicts of interest and 
conflicts of interest related to the performance of its officers, 
directors, board members, agents, and employees in conducting/
administering Federal grant awards. The standards of conduct must 
provide for disciplinary actions to be applied for violations of such 
standards by the Grantee and its directors, board members, officers, 
employees, and agents.

V. Application Submission Information

A. Electronic Application Package Submissions

    All application materials must be submitted electronically via 
CloudVault. No other form of applications will be accepted. To be 
considered for funding under this Notice, application packages must be 
deemed complete by the Agency and must be received in the applicant's 
CloudVault folder by the closing deadline specified in the DATES 
section of this notice. The application closing deadline is firm as to 
date and hour. Incomplete application packages will be returned to the 
applicant and will not be considered for funding.
    The process for submitting electronic application packages to the 
Agency via CloudVault is as follows:
    (1) At least three (3) business days prior to the application 
deadline, respondents must email a request to create a shared 
CloudVault folder. The email must be sent to the following address: 
<a href="/cdn-cgi/l/email-protection#1c4e58325a5054485d5c696f787d327b736a"><span class="__cf_email__" data-cfemail="edbfa9c3aba1a5b9acad989e898cc38a829b">[email protected]</span></a> and should contain the following information:
    (i) Subject Line: Off-Farm Labor Housing Technical Assistance NOFA 
Submission.
    (ii) Body of email: Applicant Entity's Name and complete contact 
information.
    (iii) Request language: ``Please create a shared CloudVault folder 
for the submission of FLH TA application package documents.''
    (iv) A shared CloudVault folder will be created within two (2) 
business days of receipt of the emailed request. Respondents will 
automatically receive an email at their submitted email address with a 
link to the established shared CloudVault folder after the folder is 
created. All required application documents in accordance with this 
NOFA must be uploaded into the applicant's CloudVault folder prior to 
the NOFA deadline. Respondents should include a Table of Contents for 
all documents uploaded to the shared CloudVault folder. Access 
permissions to the shared CloudVault folder will be removed when the 
submission deadline is reached. Any document(s) uploaded to the shared 
CloudVault folder after the submission deadline will not be reviewed or 
considered as part of the application package. The Agency will provide 
a written acknowledgement of receipt of application packages upon 
request by respondents.

B. Content and Format of Application Packages

    All application forms should be completed in their entirety using 
unexpired, OMB-approved forms, which can be found at: Forms Repository 
[verbar] GRANTS.GOV. Each narrative page must be on numbered, letter-
sized (8\1/2\ x 11) paper utilizing legible font. The Agency may 
contact respondents to clarify items submitted in the application 
package and will uniformly notify applicants of any curable 
deficiencies.
    (1) Complete application packages must include the following:
    (i) Standard Form 424, ``Application for Federal Assistance-Non-
construction.''
    (ii) Standard Form 424A, ``Budget Information-Non-Construction 
Programs.''
    (iii) Organization status documents supporting the criteria in Part 
IV. Section C. of this NOFA, as well as current financial statements to 
evidence the applicant's status as a properly organized private or 
public non-profit agency with the financial ability to carry out the 
approved objectives of this Off-FLH TA grant program. Working 
agreements between the applicant entity and any third-party entities 
working on their behalf must be submitted as part of the application 
package and any associated costs must be included in the responding 
entity's submitted budget. Applicants must also disclose all RHS 
projects, either publicly or privately supported, in which they or any 
of their third-party affiliates have any direct or indirect ownership 
interest.
    (iv) A written narrative proposal, which should conform to the 
order of the criterion as presented in Part VI. Section B.
    (v) Risk Review: The Agency may request additional documentation 
from selected applicants in order to evaluate the financial, 
management, and performance risk posed by awardees as required by 2 CFR 
200.205. Based on this risk review, the Agency may apply special 
conditions that correspond to the degree of risk assessed, either pre-
award or post-award.
    (vi) Civil Rights Compliance Requirements: All awards made under 
this notice are subject to Title VI of the Civil Rights Act of 1964 as 
required by 7 CFR part 15, subpart A, Section 504 of the Rehabilitation 
Act of 1973, the Americans with Disabilities Act (ADA) of 1990, and the 
Age Discrimination Act of 1975.
    (vii) Awards made under this Notice are subject to the provisions 
contained in the Consolidated Appropriations Act,

[[Page 3075]]

2021 (Pub. L. 116-260) Sections 744 and 745 regarding felony 
convictions and corporate Federal tax delinquencies.

C. Dun and Bradstreet Data Universal Numbering System (DUNS) for Award 
Management (SAM)

    Grant applicants must obtain a Dun and Bradstreet Data Universal 
Numbering System (DUNS) number and register in the System for Award 
Management (SAM) prior to submitting an application pursuant to 2 CFR 
25.200(b). In addition, an entity applicant must maintain registration 
in SAM at all times during which it has an active Federal award or an 
application or plan under consideration by the Agency. The applicant 
must ensure that the information in the database is current, accurate, 
and complete. Applicants must ensure they complete the Financial 
Assistance General Certifications and Representations in SAM. 
Similarly, all recipients of Federal financial assistance are required 
to report information about first-tier subawards and executive 
compensation in accordance to 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).
    An applicant, unless excepted under 2 CFR 25.110(b), (c), or (d), 
is required to:
    (a) Be registered in SAM before submitting its application;
    (b) Provide a valid DUNS number or unique entity identifier (UEI) 
in its application; and
    (c) Continue to maintain an active SAM registration with current 
information, including information on a recipient's immediate and 
highest level owner and susidiaries, as well as on predecessors that 
have been awarded a Federal contract or grant within the last three 
years, if applicable, at all times during which it has an active 
Federal award or an application or plan under consideration by a 
Federal awarding agency.
    The Federal awarding agency may not make a federal award to an 
applicant until the applicant has complied with all applicable DUNS and 
SAM requirements and, if an applicant has not fully complied with the 
requirements 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.
    As required by the Office of Management and Budget (OMB), all grant 
applications must provide a DUNS number when applying for Federal 
grants. Organizations can receive a DUNS number at no cost by calling 
the dedicated toll-free number at 1-866-705-5711 or via internet at 
http://fedgov.dnb.com/webform. Additional information concerning this 
requirement can be obtained on the Grants.gov website at http://www.grants.gov. Similarly, applicants may register for SAM at https://www.sam.gov or by calling 1-866-606-8220.
    The applicant must provide documentation that they are registered 
in SAM and their DUNS or UEI number. If the applicant does not provide 
documentation that they are registered in SAM and their DUNS or UEI 
number, the application will not be considered for funding.

D. Compliance With Other Federal Statutes and Other Submission 
Requirements

    (1). Other Federal Statutes. The applicant must certify to 
compliance with other Federal Statutes and regulations by completing 
the Financial Assistance General Certification and Representations in 
SAM, including, but not limited to the following:
    (i) 7 CFR part 15, subpart A--Nondiscrimination in Federally 
Assisted Programs of the Department of Agriculture--Effectuation of 
Title VI of the Civil Rights Act of 1964. Civil Rights compliance 
includes, but is not limited to the following:
    (a) Collect and maintain data provided by ultimate recipients on 
race, sex, and national origin.
    (b) Race and ethnicity data will be collected in accordance with 
Office of Management and Budget (OMB) Federal Register Notice, 
``Revisions of the Standards for the Classification of Federal Data on 
Race and Ethnicity'' (published October 30, 1997 at 62 FR 58782). Sex 
data will be collected in accordance with Title IX of the Education 
Amendments of 1972. These items should not be submitted with the 
application but should be available upon request by the Agency; and
    (c) The applicant and any entities providing services on their 
behalf must comply with Title VI of the Civil Rights Act of 1964, Title 
IX of the Education Amendments of 1972, the Americans with Disabilities 
Act (ADA), Section 504 of the Rehabilitation Act of 1973, the Age 
Discrimination Act of 1975, Executive Order 12250, and 7 CFR part 1901, 
subpart E;
    (d) 2 CFR parts 200 and 400 (Uniform Administrative Requirements, 
Cost Principles and Audit Requirements for Federal Awards), or any 
successor regulations.
    (e) Executive Order 13166, ``Improving Access to Services for 
Persons with Limited English Proficiency.'' For information on limited 
English proficiency and agency-specific guidance, go to https://www.lep.gov; and
    (f) Federal Obligation Certification on Delinquent Debt.

VI. Application Proposal Information and Review, Evaluation and Scoring 
Criteria

A. General Information

    (1) The overall objective of the Off-FLH TA grant program is to 
engage qualified private and public nonprofit agencies to provide TA to 
encourage off-farm labor housing development.
    (2) The primary objectives of this funding opportunity are to 
determine market areas with unmet need and/or unsatisfied market demand 
for off-farm labor housing and to improve the overall quality of 
Section 514 Off-FLH loan and 516 grant application packages submitted 
to the Agency for funding consideration. The primary work permitted 
under these Off-FLH TA grant awards will focus on direct delivery of 
technical assistance advisory services by eligible nonprofit agencies 
to qualified Off-FLH loan/grant applicant groups and organizations who 
lack the knowledge, experience and/or capacity to develop, package, and 
submit their own loan and grant dockets. Qualified applicants for 
Section 514 Off-FLH loans and Section 516 grants may include broad-
based non-profit organizations, non-profit organizations of 
farmworkers, federally recognized Indian tribes, community 
organizations, agencies, or political subdivisions of State, Tribal or 
local Government, public agencies (such as housing authorities), and 
other eligible FLH organizations identified as having an interest in 
applying for Agency funding.
    (3) All eligible entities responding to this notice are expected to 
bring knowledge, experience, and expertise in farm labor housing 
development, federal grant administration, and technical assistance 
program development, implementation, and delivery. In addition, 
eligible entities must possess the ability to exercise leadership, 
organize work, and prioritize assignments to meet work demands in a 
timely and cost-efficient manner. Grantees funded under this NOFA are 
expected to provide key personnel

[[Page 3076]]

services directly to recipients with only limited use of consultants 
and contractors permitted. However, if applicants intend to contract 
for any key personnel services from outside their organization (not to 
exceed the 10% limit), all entities acting on behalf of applicants must 
also meet these qualifications.

B. Proposal Information

    The written narrative proposal should include these sections in the 
following order:
    (1) Introduction/overview
    (i) Include applicant entity's name, amount of Federal funding 
requested, and the geographic locations (states/service areas) in which 
the proposed grant work will take place. Describe the proposal's 
overall objectives and goals, the types of technical assistance that 
will be provided, the approach and strategies that will be utilized to 
deliver services, how impact will be quantified, and the predicted 
benefits or deliverables of the proposal. Briefly describe the 
applicant's background and experience in farm labor housing technical 
assistance service delivery and federal grant administration.
    (2) Statement of Work/Work Plan
    (i) Describe in detail the background, objectives, and proposed 
tasks (work plan) with a timeline, focusing on the activities outlined 
in Part IV. Section D. above. The SOW must list each market area the 
applicant has targeted to receive TA services, all of which must 
demonstrate unmet need and/or unsatisfied market demand for new off-
farm labor housing construction projects. In determining the targeted 
service areas, applicants must consider the total number of farmworkers 
in the area, the number and percentage of farmworkers who are without 
adequate housing in the area, and projected future housing demand in 
the area. Consultation with major employers of farm laborers and with 
farmworker organizations in each market area is strongly encouraged 
prior to determining which areas to target for services. Additionally, 
the SOW must identify all potential Off-FLH loan/grant applicants who 
will be recruited to apply for Agency funding. The entities targeted 
for recruitment must be qualified organizations that have interest in 
applying for Off-FLH funding in the targeted service areas but lack the 
knowledge and/or capacity to apply for Agency funding on their own 
behalf.
    (ii) Proposals should describe in detail how the applicant's 
existing FLH knowledge and expertise, in combination with statistical 
data analysis, were utilized in determining the targeted market areas 
and potential loan/grant applicants, and how those findings provided 
foundational context to their planning efforts. Also include a 
discussion of the applicant's organizational ability to serve the 
targeted communities and applicants effectively based on key personnel, 
established timeframes, and budget projections. Applicants should 
describe in detail the data utilized to support their proposal, all of 
which must be current, relevant, and verifiable.
    (iii) Proposals should include a work plan for implementing 
services, listing all key personnel involved, all major activities/
tasks proposed, the timeline of the proposed tasks, and the budget 
associated with each task. The plan should provide specific details 
regarding the qualifications of key personnel relating to the delivery 
of the Off-FLH TA services. Specify any specialized consultation 
services (not to exceed 10% of the total key personnel service delivery 
budget) deemed necessary to assist the applicant in achieving the grant 
objectives. Applicants should provide timelines to demonstrate when/how 
the TA will be delivered and describe any supporting innovative and/or 
traditional delivery approaches associated with implementation of the 
outlined key personnel tasks, including contingencies for delivering TA 
services remotely/virtually in order to avoid service delays and 
disruptions.
    (iv) Alignment of Budget/Budget Justification-Proposals must 
include a grant funds usage projection that corresponds with a 24-month 
timeline for delivery and illustrates direct and indirect 
administrative costs in dollars, and as a percentage of the technical 
assistance grant fund usage. (Total administrative costs should not 
exceed 20%). A detailed budget justification should be included that 
aligns with and supports the key project tasks/activities. Project cost 
justification should include personnel costs and any limited consultant 
salaries with a description of duties.
    (3) Organizational Capacity & Qualifications
    (i) Proposals must describe the applicant's overall organizational 
knowledge, expertise, and years of experience in developing and 
implementing farm labor housing technical assistance programs. Include 
names and locations of the organizations/communities, applicants have 
provided with FLH TA services, the types of TA services provided to 
these entities, the number and types of loan/grant packages developed 
and submitted for Agency funding consideration on behalf of these 
entities, and the outcomes/success ratios of all transactions initiated 
within the past five years (e.g., project approved for funding, project 
currently in development, project completed, etc.). Additionally, 
proposals must include a description of how the technical assistance 
services provided by the applicant contributed to the development of 
off-farm labor housing that continues to operate successfully to meet 
off-farm labor housing demand in the community where it was developed.
    (ii) Proposals should also describe all successful, verifiable 
organizational experience in managing federal technical assistance 
grants throughout their lifecycle. Applicants should specify the total 
number and types of federal technical assistance grants administered 
within the past five years and list the awarding federal agencies 
involved.
    (iii) Applicants may discuss and provide documentation of 
additional qualifications, strengths and/or expertise not addressed 
above that will facilitate successful delivery of the Off-FLH TA 
services outlined within this notice.
    (4) Proposed Outcomes
    (i) Proposals should discuss how applicants will effectively and 
efficiently use the grant resources to maximize the share of funding 
available for program delivery to recipients. This discussion must 
include a list of all market areas targeted for TA services, identify 
all potentially qualified loan/grant applicant groups and organizations 
that will be recruited to apply for Section 514 loans and Section 516 
grants in the targeted service areas, and provide a projected number of 
Section 514 loan and Section 516 grant application packages the 
applicant intends to submit for Agency funding consideration during the 
24-month period of performance. (Projections should be realistic and 
attainable).
    (5) Performance Measures
    (i) Proposals should provide specific and quantifiable performance 
indicators and benchmarks that applicants will use for measuring the 
effectiveness of the TA services provided.

C. Review Information

    (1) Applications will first be reviewed to determine if they meet 
the eligibility requirements in this notice. If all eligibility 
requirements are met, applications will then be reviewed for 
completeness. If the Agency determines that any application is 
ineligible or incomplete, application processing will be discontinued, 
which means it will not be evaluated further, no scoring

[[Page 3077]]

information will be provided, and it will not be considered for 
funding.
    (2) All application packages determined to be both eligible and 
complete will be evaluated and competitively scored using the criteria 
described in Part VI., Section D. of this notice. The minimum score 
requirement for grants awarded under this funding opportunity is 70 
points.

D. Evaluation and Scoring Criteria

    (1) Points will be awarded only for factors that are well-
documented in the application package and, in the opinion of the 
Agency, meet the objectives outlined in each of the evaluation 
criteria. References to external websites, publications and/or other 
information not submitted as part of the application package will not 
be reviewed. Therefore, full documentation and support of all criteria 
is encouraged.
    (2) Statement of Work (Work Plan): Soundness of Overall Approach 
(0-30 points). (i) Applicants can receive up to 30 points for the 
soundness of their overall approach for TA service delivery (See Part 
VI. Section B.2.). Statement(s) of work for all contractors and 
consultants must also be included as part of the application package.
    (ii) Proposal background/objectives/tasks with timeline and plan 
for implementation. (0-20 points).
    (iii) Alignment of Budget to SOW/Budget Justification. (0-10 
points).
    (3) Organizational Capacity & Qualifications (0-50 points). 
Applicants can receive up to 50 points for organizational capacity and 
qualifications (See Part VI. Section B.3.).
    (i) Overall organizational knowledge, experience, and expertise in 
developing and implementing farm labor housing technical assistance 
programs. (0-20 points).
    (ii) Successful, verifiable organizational experience in managing 
federal technical assistance grants throughout their lifecycle (in the 
past five years). (0-10 points).
    (iii) Key personnel and qualifications relating to the delivery of 
proposed Off-FLH TA services, including any proposed consultation 
services (not to exceed 10% of the total key personnel service delivery 
budget). (0-20 points).
    (4) Proposed Outcomes (0-45 points). Applicants can receive up to 
45 points for using resources effectively and efficiently to maximize 
the share of funding available for program delivery to recipients (See 
Part VI. Section B.4.).
    (i) List all targeted service areas in which respondent intends to 
offer Off-FLH TA services. (0-10 points).
    (ii) List all qualified loan/grant applicant groups and 
organizations respondent intends to recruit to apply for Section 514 
loans and Section 516 grants in the targeted service areas (Potential 
applicants must lack the capacity to apply for Agency funding on their 
own behalf). (0-10 points).
    (iii) Projected number of Section 514 loan and Section 516 grant 
application packages applicant intends to submit for Agency funding 
consideration during the 24-month period of performance. (0-15 points).
    (iv) Total proposed administrative costs (expressed as a percentage 
of grant funds used, not to exceed 20%). (0-10 points).
    (5) Performance Measures (0-5 points).
    (i) Applicants can receive up to 5 points based on the proposed 
performance measures they intend to use to evaluate the progress, 
impact, and effectiveness of the proposed Off-FLH TA services (See Part 
VI. Section B.5.).
    (ii) Describe the measures that will be used for evaluating the 
progress, impact, and effectiveness of the proposed Off-FLH TA 
services. (0-5 points).
    (6) Agency Priority Points (0-15 points): Applicants meeting the 
minimum scoring requirement of 70 points may be considered for up to 15 
Priority scoring points.
    (i) Up to 15 Priority points may be awarded to applicants proposing 
to advance any or all of the Agency's three key funding priorities, 
provided that all other requirements set forth in this notice are 
otherwise met (e.g., All market areas targeted to receive Off-FLH TA 
services must demonstrate unmet need and/or unsatisfied market demand 
for off-farm labor housing development projects.) The key priorities 
are:
    (ii) COVID-19 Impacts (up to 5 points); Priority points may be 
awarded if the project is located in or serving one of the top 10% of 
counties or county equivalents based upon county risk score in the 
United States. Information on whether your project qualifies for 
priority points can be found at the following website: https://www.rd.usda.gov/priority-points.
    (iii) Equity (up to 5 points); Priority points may be awarded if 
the project is located in or serving a community with score 0.75 or 
above on the CDC Social Vulnerability Index. Information on whether 
your project qualifies for priority points can be found at the 
following website: https://www.rd.usda.gov/priority-points.
    (iv) Climate Impacts (up to 5 points); Priority points may be 
awarded if the project is located in or serving coal, oil and gas, and 
power plant communities whose economic well-being ranks in the most 
distressed tier of the Distressed Communities Index. Information on 
whether your project qualifies for priority points can be found at the 
following website: https://www.rd.usda.gov/priority-points.
    (v) Meeting the minimum scoring requirement and/or receiving 
priority points does not guarantee a funding award. Final scores are 
determined by the Agency.
    The following table summarizes the evaluation and scoring criteria:

            Summary Table of Evaluation and Scoring Criteria
------------------------------------------------------------------------
                                                       Points
------------------------------------------------------------------------
1. Statement of Work/Work Plan-Soundness    0-30.
 of Overall Approach.
    a. Approach-Proposal background/        Up to 20.
     objectives/tasks with timeline and
     plan for implementation.
    b. Alignment of budget/budget           Up to 10.
     justification to proposal.
2. Organizational Capacity/Qualifications.  0-50.
    a. Years of experience and processes    Up to 20.
     employed in developing and
     implementing technical assistance
     programs/services.
    b. Organizational experience managing   Up to 10.
     service delivery of federal technical
     assistance grants throughout their
     lifecycle.
    c. Key personnel and qualifications     Up to 20.
     relating to delivery of key Off-FLH
     TA personnel services/tasks.
3. Proposed outcomes......................  0-45.
    a. Targeted market areas in which       Up to 10.
     respondent intends to offer Off-FLH
     TA services.
    b. Qualified loan/grant applicant       Up to 10.
     groups and organizations to which the
     applicant intends offer Off-FLH TA
     advisory services in the targeted
     service areas.
    c. Projected number of Section 514      Up to 15.
     loan and Section 516 grant
     application packages applicant plans
     to submit for Agency funding
     consideration.
    d. Total administrative costs           Up to 10.
     expressed as a percentage of grant
     funds used.
4. Performance Measures...................  0-5.

[[Page 3078]]

 
    a. Measures to be used for evaluating   Up to 5.
     the progress, impact, and
     effectiveness of the Off-FLH TA
     services provided.
5. Priority Points........................  0-15.
    a. Up to 15 priority points may be      Up to 15.
     awarded to applicants proposing to
     advance any or all of the Agency's
     three key funding priorities: COVID-
     19 Impacts (up to 5 points); Equity
     (up to 5 points); Climate Impacts (up
     to 5 points).
------------------------------------------------------------------------

VII. Federal Award Administration Information

A. Federal Award Notices

    The Agency will notify in writing applicants whose applications 
have been selected for funding. At the time of notification, the Agency 
will advise applicants what further information and documentation is 
required (outlined in Part VII. Section B.), along with a timeline for 
submitting the additional information. If the Agency determines it is 
unable to select an application for funding, the applicant will be 
informed in writing. Such notification will include the reasons the 
applicant was not selected. The Agency will advise applicants whose 
applications did not meet eligibility and/or selection criteria of 
their review rights or appeal rights in accordance with 7 CFR part 11.

B. Administrative and National Policy Requirements

    (1) The following additional requirements apply to grantees 
selected for this program:
    (i) Complete Form RD 1942-46 ``Letter of Intent to Meet 
Conditions.''
    (ii) Complete Form RD 1940-1, ``Request for Obligations of Funds.''
    (iii) Use Form SF 270, ``Request for Advance or Reimbursement,'' to 
request reimbursements. Provide receipts for expenditures, timesheets, 
and any other documentation to support the request for reimbursement.
    (iv) Provide financial status and project performance reports as 
outlined in the Agency approved grant agreement.
    (v) Maintain a financial management system that is acceptable to 
the Agency.
    (vi) Ensure that records are maintained to document all activities 
and expenditures utilizing Off-FLH TA grant funds. Receipts for 
expenditures will be included in this documentation.
    (vii) Collect and maintain data provided by recipients on race, 
sex, and national origin and ensure recipients collect and maintain the 
same data on beneficiaries. Race and ethnicity data will be collected 
in accordance with OMB Federal Register notice, ``Revisions to the 
Standards for the Classification of Federal Data on Race and 
Ethnicity,'' (62 FR 58782), October 30, 1997. Sex data will be 
collected in accordance with Title IX of the Education Amendments of 
1972. These items should not be submitted with the application but 
should be available upon request by the Agency.
    (viii) Provide a final project performance report.
    (ix) Complete FMMI Vendor Code Request Form.
    (x) Provide a copy of your organization's Negotiated Indirect Cost 
Rate Agreement.
    (xi) Certify that you will comply with the Federal Funding 
Accountability and Transparency Act of 2006 and report information 
about subawards and executive compensation.
    (xii) Certify that the U.S. has not obtained an outstanding 
judgement against your organization in a Federal Court (other than in 
the United States Tax Court).
    (xiii) Execute Form SF-LLL, ``Disclosure Form to Report Lobbying,'' 
if applicable or certify that your organization does not lobby.
    (2) The applicant must provide evidence of compliance with other 
federal statutes, including but not limited to the following:
    (i) Debarment and suspension information is required in accordance 
with 2 CFR part 417 (Non procurement Debarment and Suspension) 
supplemented by 2 CFR part 180 if it applies. The section heading is 
``What information must I provide before entering into a covered 
transaction with a Federal agency?'' located at 2 CFR 180.335. It is 
part of OMB's Guidance for Grants and Agreements concerning Government-
wide Debarment and Suspension.
    (ii) All of your organization's known workplaces by including the 
actual address of buildings (or parts of buildings) or other sites 
where work under the award takes place. Workplace identification is 
required under the drug-free workplace requirements in Subpart B of 2 
CFR part 421, which adopts the Governmentwide implementation (2 CFR 
part 182) of the Drug-Free Workplace Act.
    (iii) 2 CFR parts 200 and 400 (Uniform Administrative Requirements, 
Cost Principles and Audit Requirements for Federal Awards).
    (iv) 2 CFR part 182 (Governmentwide Requirements for Drug-Free 
Workplace (Financial Assistance)) and 2 CFR part 421 (Requirements for 
Drug Free Workplace (Financial Assistance).
    (v) Executive Order 13166, ``Improving Access to Services for 
Persons with Limited English Proficiency.'' For information on limited 
English proficiency and agency-specific guidance, go to http://www.lep.gov.
    (3) The following forms for acceptance of a federal award are now 
collected through your registration or annual recertification in 
SAM.gov in the Financial Assistance General Certifications and 
Representations section:
    (i) Form RD 400-4, ``Assurance Agreement.''
    (ii) Form AD-1047, ``Certification Regarding Debarment, Suspension, 
and Other Responsibility Matters-Primary Covered Transactions.''
    (iii) Form AD-1048, ``Certification Regarding Debarment, 
Suspension, Ineligibility and Voluntary Exclusion. Lower Tier Covered 
Transactions.''
    (iv) Form AD-1049, ``Certification Regarding Drug-Free Workplace 
Requirements (Grants).''
    (v) Form AD-3031, ``Assurance Regarding Felony Conviction or Tax 
Delinquent Status for Corporate Applicants.''
    (4) Reporting. Reporting requirements for the period after grant 
approval and throughout grant completion will be outlined in the 
Agency-approved Grant Agreement.

VIII. Other Information

A. Paperwork Reduction Act

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), OMB 
must approve all ``collection of information'' as a requirement for 
``answers to * * * identical reporting or recordkeeping requirements 
imposed on ten or more persons * * *.'' (44 U.S.C. 3502(3)(A).) RHS has 
concluded that the reporting requirements contained in this NOSA will 
involve less than 10 persons and do not require approval under the 
provisions of the Act.

B. Non-Discrimination Statement

    In accordance with Federal civil rights laws and U.S. Department of

[[Page 3079]]

Agriculture (USDA) civil rights regulations and policies, the USDA, its 
Mission Areas, agencies, staff offices, employees, and institutions 
participating in or administering USDA programs are prohibited from 
discriminating based on race, color, national origin, religion, sex, 
gender identity (including gender expression), sexual orientation, 
disability, age, marital status, family/parental status, income derived 
from a public assistance program, political beliefs, or reprisal or 
retaliation for prior civil rights activity, in any program or activity 
conducted or funded by USDA (not all bases apply to all programs). 
Remedies and complaint filing deadlines vary by program or incident.
    Program information may be made available in languages other than 
English. Persons with disabilities who require alternative means of 
communication to obtain program information (e.g., Braille, large 
print, audiotape, American Sign Language) should contact the 
responsible Mission Area, agency, or staff office; the USDA TARGET 
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service 
at (800) 877-8339.
    To file a program discrimination complaint, a complainant should 
complete a Form AD-3027, USDA Program Discrimination Complaint Form, 
which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a 
letter addressed to USDA. The letter must contain the complainant's 
name, address, telephone number, and a written description of the 
alleged discriminatory action in sufficient detail to inform the 
Assistant Secretary for Civil Rights (ASCR) about the nature and date 
of an alleged civil rights violation. The completed AD-3027 form or 
letter must be submitted to USDA by:
    (1) Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410; or
    (2) Fax: (833) 256-1665 or (202) 690-7442; or
    (3) Email: <a href="/cdn-cgi/l/email-protection#1545677a726774783b5c7b61747e7055606671743b727a63"><span class="__cf_email__" data-cfemail="9dcdeff2faeffcf0b3d4f3e9fcf6f8dde8eef9fcb3faf2eb">[email protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.

Joaquin Altoro,
Administrator, Rural Housing Service.
[FR Doc. 2022-01076 Filed 1-19-22; 8:45 am]
BILLING CODE 3410-XV-P


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