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Super Notice of Funding Availability (SuperNOFA) for HUD's Discretionary Programs for Fiscal Year 2003

Note: EPA no longer updates this information, but it may be useful as a reference or resource.


 [Federal Register: April 25, 2003 (Volume 68, Number 80)]
[Notices]
[Page 21251-21300]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap03-95]
 
[[pp. 21251-21300]]
Super Notice of Funding Availability (SuperNOFA) for HUD's 
Discretionary Programs for Fiscal Year 2003

[[Continued from page 21250]]
[[Page 21264]]

2601 et seq.) (RESPA), state and federal truth-in-lending laws, and how 
to identify and avoid predatory loans with oppressive terms and 
conditions; home maintenance; budgeting and money management; and 
credit counseling.
    Counseling services can be adapted to reflect local circumstances, 
fit the pre- and ongoing post-purchase needs of the individual 
families, and fulfill specific requirements established by the PHA. The 
PHA has the discretion to require ongoing counseling for all or select 
participants in the homeownership option.
    For example, agencies may provide on-going counseling on issues 
such as home improvement and rehabilitation. This could include 
educating the client about: Their loan and grant options; the loan and/
or grant application processes; what housing codes and housing 
enforcement procedures apply for the intended activity; accessibility 
codes; visitability and universal design; non-discriminatory lending 
for persons who modify their dwellings to accommodate disabilities; how 
to identify and hire a construction contractor; how to specify and bid 
construction work; how to enter into construction contracts; and how to 
manage construction contracts, including actions to address the non-
performance of contractors.
    Additional ongoing counseling needs may include default counseling 
and loss mitigation strategies such as debt restructuring, establishing 
reinstatement plans, seeking loan forbearance, and managing household 
finances. Counselors can also help program participants that are 
victims of predatory lending, provide referrals to emergency and social 
service providers, and assist clients with locating alternative 
housing.
    All counseling must occur one-on-one. These grant funds may not be 
used for any type of group sessions or workshops. Applications 
including group sessions as proposed activities will be evaluated only 
on proposed one-on-one counseling.

    Note: For each activity you propose, you must be prepared to 
meet the needs of all individuals requesting services, including 
persons with disabilities, regardless of the complexity of the 
services involved. Additionally, services must be affirmatively 
marketed to persons with disabilities, including visual and hearing 
disabilities, as they would be to any other segment of the 
population not likely to apply for such services.

    Intermediaries and SHFAs can directly provide the housing 
counseling services described above, or distribute and administer grant 
funds and provide technical assistance and other services to 
affiliates, who are eligible to undertake any or all of the eligible 
housing counseling activities outlined above.
    Intermediaries and SHFAs have wide discretion to decide how to 
allocate their HUD Housing counseling and leveraged funding among their 
affiliates, with the understanding that a written record must be kept 
documenting and justifying funding decisions. This record must be made 
available to affiliates and to HUD. Intermediaries and SHFAs must also 
execute sub-grant agreements with their affiliates that clearly 
delineate the mutual responsibilities for program management, including 
appropriate time frames for reporting results to HUD.
    (C) Eligible Applicants. Eligible applicants are: (1) HUD-approved 
local housing counseling agencies (LHCAs); (2) HUD-approved national 
intermediaries; (3) HUD-approved regional intermediaries; and (4) state 
housing finance agencies (SHFAs.)
    HUD-approved LHCAs--Under this NOFA, HUD-approved LHCAs may apply 
for and receive a grant under Category 1 or one sub-grant from an 
Intermediary or SHFA under Categories 2, 3 and 4, but not both. HUD-
approved LHCAs that apply directly under Category 1 are prohibited from 
also applying for or receiving a sub-grant under Categories 2, 3 and 4 
of this NOFA. HUD-approved LHCAs that receive a sub-grant through an 
intermediary or SHFA under the other Housing Counseling NOFA in this 
SuperNOFA may receive a sub-grant under this NOFA with the same 
intermediary or SHFA, or they may apply directly as an LHCA.
    HUD-approved national and regional intermediaries--HUD-approved 
National and Regional Intermediaries may apply for a grant under 
Categories 2 and 3, respectively.
    SHFAs--SHFAs may only apply for grants under Category 4. Eligible 
SHFAs are entities that satisfy the definition in 24 CFR 266.5 of a 
``Housing Finance Agency.'' SHFAs and eligible sub-grantees/affiliates 
do not need HUD-approval in order to receive these funds.
    Eligible applicants under Categories 1-3 are private nonprofit and 
public organizations, including grass roots faith-based and other 
community-based organizations, that secure HUD-approval as an LHCA, or 
as a national or regional intermediary, as of the publication date of 
this SuperNOFA, and retain such approval through the term of any grant 
awarded. For information on securing HUD-approval visit HUD's Web site 
at http://www.hud.gov/offices/hsg/sfh/hcc/hccprof13.cfm. Exit Disclaimer
    Additionally, to be eligible to receive a grant directly from HUD 
under this Housing Counseling NOFA, all applicants (except SHFAs) must 
be (1) duly organized and existing as a nonprofit, (2) in good standing 
under the laws of the state of its organization, and (3) authorized to 
do business in the states where it proposes to provide counseling 
services. For example, applicable state licensing, corporate filing, 
and registering requirements must be satisfied.
    An LHCA, national or regional intermediary, or SHFA may use branch 
offices to provide counseling funded through this NOFA. A branch office 
is an organizational and subordinate unit of the LHCA, intermediary, or 
SHFA, not separately incorporated or organized. LHCAs may maintain a 
main office and branch offices in no more that two states, which must 
be contiguous.
    More typically, National and Regional Intermediaries and SHFAs 
provide sub-grants to separately incorporated or organized affiliates. 
Eligible sub-grantees are not required to be HUD-approved, although 
HUD-approved LHCAs may apply to an intermediary or SHFA as a sub-
grantee. Intermediaries and SHFAs that award sub-grants to affiliates 
that are not HUD-approved must assure that said affiliates meet or 
exceed the standards, as specified in paragraph 2-1 of HUD Handbook 
7610.1, Rev-4, CHG-1, for HUD-approved LHCAs. These organizations will 
be monitored by HUD, and intermediaries that do not ensure their 
affiliates'/branches' compliance with HUD standards could be prohibited 
from participating in the program.
    To be eligible for a sub-grant under categories 2, 3 or 4, 
affiliates must not have directly applied for or received a grant under 
Category 1 of this NOFA, or another sub-grant from an Intermediary or 
SHFA under Categories 2, 3 or 4 of this NOFA.
    Additionally, to be eligible for a sub-grant, an affiliate must be 
(1) duly organized and existing as a nonprofit, (2) in good standing 
under the laws of the state of its organization, and (3) authorized to 
do business in the states where it proposes to provide counseling 
services. For example, applicable state licensing, corporate filing, 
and registering requirements must be met.
    Written Commitment to Partner. To be eligible, applicants must also 
provide a written commitment to partner from one or more PHAs with 
which it has come to an agreement to provide housing counseling to 
participants of the PHA's Homeownership Voucher Program. Intermediaries 
and SHFAs proposing to make sub-grants to affiliates or branch

[[Page 21265]]

offices must provide a separate written commitment to partner from a 
PHA for each affiliate or branch office covered by the proposal. There 
is no requirement that the PHA commit to partner with the applicant for 
the provision of all housing counseling services related to its 
Homeownership Voucher Program, although this would be acceptable.
    Written commitments to partner from PHAs do not have to be ratified 
by the PHA Board, although a formal document, such as a Memorandum of 
Understanding (MOU) between the PHA and the applicant, is acceptable. 
The written commitment to partner must, however, be on PHA letter-head, 
must specifically mention the housing counseling agency/applicant, and 
must be signed by an authorized PHA official. Moreover, the written 
commitment to partner must indicate that the PHA is exercising its 
option to implement the Homeownership Voucher Program and agrees to 
refer Homeownership Voucher participants to the applicant to fulfill 
the housing counseling requirement specified in the Homeownership 
Voucher Program regulations. The written commitment to partner must 
clearly outline: the broad roles and responsibilities of the PHA and 
the housing counseling agency applying for funding under this NOFA; the 
estimated number of Homeownership Voucher Program participants, both 
pre-purchase and ongoing, to be referred by the PHA to the counseling 
agency during the grant period October 1, 2003 to September 30, 2004; 
specific PHA requirements for ongoing counseling; and outcome goals.
    While no written commitment to partner is required from PHAs 
approved by HUD as housing counseling agencies, the PHA must estimate 
the number of voucher participants to be counseled in connection with 
the Homeownership Voucher Program, and describe the outcome goals to be 
achieved.

IV. Requirements

    Agencies selected as grantees or sub-grantees must comply with the 
following requirements:
    (A) Threshold Requirements. The requirements listed in Section V of 
the General Section of the SuperNOFA apply to this program. 
Applications will be declared ineligible for any of the following 
reasons:

--If you or any of your affiliates or branches do not meet the Civil 
Rights Threshold Requirements set forth in Section V(B) of the General 
Section of this SuperNOFA.
--If you are presently debarred, suspended, proposed for debarment, 
declared ineligible, or voluntarily excluded from covered transactions 
from any federal department or agency.
--If you are not currently approved by HUD as an LHCA or as a National 
or Regional Housing Counseling Intermediary, and if you didn't secure 
approval by the publication date of this SuperNOFA. SHFAs need only 
satisfy the definition in 24 CFR 266.5 of a ``Housing Finance Agency.''

    (B) Program Requirements. Program requirements are outlined in 
detail in HUD Handbook 7610.1, REV-4, CHG-1, dated October 27, 1997, 
which can be viewed on HUD's Web site at http://www.hud.gov/offices/
hsg/sfh/hcc/hccprof7.cfm. Exit Disclaimer
    Additionally, the following also apply:
    (1) List of Agencies. Pursuant to section 106 (C)(5) of the Housing 
and Urban Development Act of 1968, HUD maintains a list of all HUD-
approved and HUD-funded counseling agencies, including contact 
information, which interested persons can access. All grantees under 
Category 1, and sub-grantees under Categories 2, 3, and 4 will be 
placed on this list and must accept subsequent referrals, or when they 
do not provide the services sought, refer the person to another agency 
in the area that does provide the services.
    (2) Accessibility--All grant recipients and sub-recipients must 
make counseling offices and services reasonably accessible to persons 
with a wide range of disabilities and help persons locate suitable 
housing in locations throughout the applicant's community, target area, 
or metropolitan area, as defined by the applicant.
    (3) All counseling services provided in conjunction with the 
Homeownership Voucher Program must be provided free of charge.
    (C) Religious Discrimination. Grant recipients and sub-recipients 
are prohibited from discriminating on behalf of or against any segment 
of the population in the provision of services or in outreach, 
including those of other religious affiliations.
    Additionally, organizations funded under this program may not 
engage in inherently religious activities, such as worship, religious 
instruction, or proselytization, as part of the programs or services 
funded under this program. If an organization conducts such activities, 
these activities must be offered separately, in time or location, from 
the programs or services funded under this part, and participation must 
be voluntary for the HUD-funded programs or services.
    (D) Code of Conduct. Entities that are subject to 24 CFR parts 84 
and 85 (most nonprofit organizations and state, local and tribal 
governments or government agencies or instrumentalities who receive 
federal awards of financial assistance) are required to develop and 
maintain a written code of conduct (See Sec. Sec.  84.42 and 
85.36(b)(3)). Consistent with regulations governing housing counseling 
programs, your code of conduct must prohibit real and apparent 
conflicts of interest that may arise among employees, officers or 
agents; prohibit the solicitation and acceptance of gifts or gratuities 
by your officers, employees and agents for their personal benefit in 
excess of minimal value; and outline administrative and disciplinary 
actions available to remedy violations of such standards. Self-recusal 
shall not eliminate a potential or apparent conflict of interest. If 
awarded assistance under this SuperNOFA, prior to entering into a grant 
agreement with HUD you will be required to submit a copy of your code 
of conduct and describe the methods you will use to ensure that all 
officers, employees and agents of your organization are aware of your 
code of conduct.
    (E) Performance Measurement. Grant recipients are required to 
complete and submit a form HUD-9902, Fiscal Year Activity Report 
(Appendix A). The information compiled from this report provides HUD 
with its primary means of measuring your program performance.
    (F) Environmental Requirements. In accordance with 24 CFR 
50.19(b)(9) and (12) of the HUD regulations, activities assisted under 
this program are categorically excluded from the requirements of the 
National Environmental Policy Act and are not subject to environmental 
review under the related laws and authorities.
    (G) Financial Management Systems. Applicants selected for funding 
must provide documentation demonstrating that the applicant's financial 
management systems satisfy the requirements in the applicable 
regulations at 24 CFR 84.21(b) and 85.20. Consistent with the 
requirements of the Single Audit Act Amendments of 1996 (31 U.S.C. 
7501-07), if the applicant expended $300,000 or more in federal awards 
in its most recent fiscal year, such documentation must include a 
certification from, or most recent audit by, the applicant's 
Independent Public Accountant that the applicant maintains internal 
controls over federal awards; complies with applicable laws, 
regulations, and contract or grant provisions; and prepares appropriate 
financial statements. The applicant will have at least thirty (30) 
calendar days to respond to this requirement. If an applicant does not 
respond within the

[[Page 21266]]

prescribed time or responds with insufficient documentation, then HUD 
may determine that the applicant has not met this requirement and may 
withdraw the grant offer.
    (H) Indirect Cost Rate. You must also submit documentation 
establishing your organization's indirect cost rate. Such documentation 
may consist of a certification from, most recent audit, or indirect 
cost rate agreement by, the cognizant federal agency or an Independent 
Public Accountant. If your organization does not have an established 
indirect cost rate, you will be required to develop and submit an 
indirect cost proposal to HUD or the cognizant federal Agency as 
applicable, for determination of an indirect cost rate that will govern 
your award. Applicants that do not have a previously established 
indirect cost rate with a federal agency shall submit an initial 
indirect cost rate proposal immediately after the applicant is advised 
that it will be offered a grant and, in no event, later than three 
months after the effective date of the grant. OMB Circular A-122 
established the requirements to determine allowable direct and indirect 
costs and the preparation of indirect cost proposals, and can be found 
at www.whitehouse.gov.omb Exit Disclaimer

V. Application Selection Process

    (A) General. Applications will be evaluated competitively, and 
ranked against all other applicants that applied in the same funding 
category. All applicants will be rated and ranked in HUD Headquarters. 
The funding formula described below will be used to calculate award 
amounts.
    (B) Factors For Award Used to Rate and Rank Applications. Section 
VI(B) of the General Section of the SuperNOFA contains information on 
the rating panels used to review and score applications. The Factors 
for Award, and maximum points for each factor, are outlined below.
    These factors will be used to evaluate applications and the maximum 
number of points for each applicant is 102 points for LHCAs and 100 for 
all other applicants. LHCAs are eligible for 2 bonus points if they can 
demonstrate that at least 51% of their proposed services: (1) Will be 
provided to residents of federally designated Empowerment Zones (EZs), 
Enterprise Communities (ECs), Urban Enhanced Enterprise Communities 
(EECs), Strategic Planning Communities, or Renewal Communities (RCs); 
and (2) are certified to be consistent with the area's strategic plan. 
Section VI.C(1) of the General Section of this SuperNOFA, entitled 
``RC/EZ/EC,'' contains additional information regarding these bonus 
points.
    HUD may rely on information from performance reports, financial 
status information, monitoring reports, audit reports and other 
information available to HUD in making score determinations under any 
Rating Factor.

Rating Factor 1: Capacity--Readiness and Effectiveness (35 Points)

    HUD uses responses to this Rating Factor to evaluate the readiness 
and ability of an applicant to immediately begin the proposed work 
program, as well as the potential for an applicant to cost-effectively 
and successfully implement the proposed activities indicated in 
response to Rating Factor 3.
    (A) (6 points) Knowledge and Experience. In rating this sub-factor, 
HUD will consider the degree to which the applicant, and, if 
applicable, affiliates, has sufficient personnel with the relevant 
knowledge and experience to implement the proposed activities in a 
timely and effective fashion.
    Specifically, for LHCAs, scoring will be based on the number of 
years of recent housing counseling experience of counselors. For 
intermediaries and SHFAs, scoring will be based on: the number of years 
of recent housing counseling experience of counselors in affiliates and 
branches; and the number of years, for key intermediary / SHFA 
personnel, of recent experience running a housing counseling program 
consisting of a network of multiple counseling agencies. Related 
experience, such as experience in mortgage lending, will also be 
considered, but will not be weighted as heavily as direct housing 
counseling or housing counseling program management experience.
    Submit the names and titles of employees, including subcontractors 
and consultants, performing the activities proposed in Rating Factor 3. 
Clerical staff should not be listed. Describe each employee's, 
subcontractor's, or consultant's relevant professional background and 
experience. Experience is relevant if it corresponds directly to 
projects of a similar scale and purpose. Provide the number of years of 
experience for each position listed, and indicate when each position 
was held. Individual descriptions should be limited to one page. List 
recent and relevant trainings received.
    (B) (4 points) Section 8 Homeownership Experience. In scoring this 
section, HUD will evaluate the degree to which, as compared to other 
applicants, the applicant and partnering PHA(s) have experience working 
with HUD's Homeownership Voucher Program.
    Highlight counselors and key staff with experience related to 
counseling Homeownership Voucher families in the context of the 
homeownership option. Describe counseling activities and results 
performed in conjunction with the Homeownership Voucher Program, if 
applicable, including the number of families counseled by your agency 
that participated in Homeownership Voucher Program last year. Identify 
the sources and amount of funding used to support counseling in 
conjunction with the Homeownership Voucher Program.
    Additionally, if applicable, provide detailed information regarding 
the Homeownership Voucher Program-related experience of each PHA with 
whom you, or your affiliates or branch offices, have a written 
commitment to partner, including the number of families that 
participated in the PHA's Homeownership Voucher Program in the past 
year, and the number of current homeowners receiving voucher assistance 
to date, and other notable outcomes and information demonstrating the 
effectiveness of the existing program. If different from the applicant, 
explain what counseling agency or other organization provided the 
housing counseling related to the Program.
    (Sections C and D pertain to the applicant's performance with their 
FY01 HUD grant, the most recent complete grant year. If you received no 
FY01 HUD grant, the five points available in Section C, and the twelve 
points available in Section D will be allocated to Section E (Impact-
Leveraged Resources) for a total of 20 points.)
    (C) (5 points) Quality and Complexity of Services. In scoring this 
Section, HUD will evaluate the quality of services provided, and level 
of effort and time required to provide the housing counseling services 
(in general, not just Homeownership Voucher-related), captured in the 
form HUD-9902 for the time period October 1, 2001 to September 30, 
2002. Scoring will be based on the degree to which the applicant 
demonstrates that, for each type of counseling service delivered, and 
compared to other applicants, sufficient time and resources were 
devoted to ensure that clients received quality counseling. 
Additionally, scorers will evaluate the extent to which, as compared to 
other applicants, an agency encouraged and provided one-on-one 
counseling, which HUD views as the most effective form of housing 
counseling, instead of over-relying on homebuyer education

[[Page 21267]]

workshops and other forms of group sessions.
    Applicants should carefully document the types and complexity of 
the services provided with FY01 HUD grant funds, and the outcomes for 
clients as a result of the counseling. Describe the level of effort and 
time required to provide the housing counseling services and to meet 
the needs of your clients. Indicate the average counseling time per 
client for all types of counseling performed. Also describe follow-up 
activities, if applicable.
    Indicate the number of clients that participated only in Homebuyer 
Education workshops or other group sessions. Indicate the number of 
clients that participated in Homebuyer Education workshops or other 
group session and also received one-on-one counseling.
    (D) (12 points) Impact/Outcomes--HUD Grant. In scoring this 
Section, HUD will evaluate the applicant's, and if applicable, 
affiliates' and branches', clients served numbers and performance-
related outcomes (in general, not just Homeownership Voucher-related) 
for the grant period October 1, 2001 to September 30, 2002. Clients 
served numbers will be scored based on the quantity of clients the 
applicant was able to serve compared to similar applicants providing 
similar services. Clients served numbers will be analyzed in the 
context of budget, costs, spending decisions, the types of services 
provided, level of effort expended, etc. Outcomes will be scored based 
on how well the applicant met performance goals.
    Indicate the number of clients (in general) that you proposed to 
serve with your HUD grant in Factor 3 of your FY01 Housing Counseling 
NOFA application (submitted May 3, 2001), and compare it with the 
number attributed to the HUD grant appearing on the 9902 form submitted 
with this application, covering October 1, 2001-September 30, 2002, 
which corresponds to the FY01 application and resulting award. Explain 
any differences between goals and results, including differences in 
proposed and actual grant amounts.
    If you received no FY01 HUD grant covering October 1, 2001-
September 30, 2002, characterize your performance at meeting your goals 
regarding activities for that time period, under other sources of 
funding, such as other federal, state or local grant awards. Explain 
any differences between goals and results.
    While HUD values cost-effectiveness, we are not simply trying to 
identify and fund the lowest-cost service providers. We realize that 
costs vary depending on location and types of services provided, and 
can appreciate that strategic investments, such as investments in 
training, technology, or more qualified staff, may potentially be an 
efficient use of resources, but affect counseling volume in the short-
term.
    So HUD can evaluate your program results, provide a context for, or 
qualify, the number of clients, indicated on the form HUD-9902 
submitted with this application, that were served with your HUD-grant. 
Describe the types of counseling conducted. Indicate how location, 
counseling and client type, spending decisions, and expenses may have 
affected client volume, and, if applicable, how they will impact client 
volume in the future.
    Identify all specific uses of HUD grant funds, such as staff 
salaries, other staff costs, training, and travel expenses. Itemize the 
total costs for each use. Provide the average hourly labor rate for 
counselors. Justify your expenses and explain why they were reasonable, 
strategic, and appropriate for the counseling activities identified 
above.
    Intermediaries and SHFAs that received an FY01 HUD award for the 
grant period October 1, 2001 to September 30, 2002 must also indicate 
what percentage of their award was passed through directly to 
affiliates and branches, and explain how funds not passed through were 
spent.
    Provide the following performance outcomes for counseling 
activities covered by your FY01 HUD grant, for the grant period October 
1, 2001 to September 30, 2002:
    ? The number of individuals receiving pre-purchase counseling 
that purchased a home;
    ? The number of individuals receiving pre-purchase counseling 
that are working toward becoming mortgage ready;
    ? The number of individuals receiving pre-purchase counseling 
that, after evaluating their unique financial situation and the costs 
of homeownership, elected not to purchase a home;
    ? The number of individuals receiving default counseling that 
successfully avoided foreclosure.
    So HUD can evaluate these outcomes/results, indicate the outcome 
goals that you had set for yourself prior to the grant period, October 
1, 2001 to September 30, 2002, and characterize your performance at 
meeting those goals. Compares these outcome goals with your actual 
performance outcomes. Describe relevant market conditions and other 
circumstances that you believe affected reported outcome numbers.

    Note: The outcomes listed above correspond to the new form HUD-
9902 (appendix A), from which these outcome results will be derived 
in future NOFAs. In future NOFAs, outcomes will be evaluated based 
on the degree to which the applicant was able to meet the outcome 
estimates it provided in Factor 5 of the relevant previous 
application. In other words, applicants will be held accountable for 
fulfilling performance-related promises made in NOFA applications.

    If you received no FY01 HUD grant, provide these performance 
outcomes for counseling activities covering October 1, 2001-September 
30, 2002, under other sources of funding, such as other federal, state 
or local grant awards. Indicate how each compares with the outcome 
goals that you had set for yourself for the activity period, and 
characterize your performance at meeting outcome goals.
    (E) (3 points) Impact--Leveraged Resources. In scoring this 
Section, HUD will evaluate the applicant's non-HUD funded counseling 
activities and budget during the grant period October 1, 2001 to 
September 30, 2002. Scoring will be based on the quantity of clients 
the applicant was able to serve, compared to similar applicants 
providing similar services. Clients served numbers will be analyzed in 
the context of budget, costs, spending decisions, the types of services 
provided, level of effort expended, etc.
    Provide all the information requested in Sections C and D above, 
except outcomes, relevant to the non-HUD funded activities recorded on 
the form HUD-9902 submitted with this application.
    (F) (5 points) Performance/Grant Requirements. In scoring this 
Section, HUD will evaluate how well the applicant satisfied the 
requirements, including reporting, of their FY01 HUD housing counseling 
grant, for the grant period October 1, 2001 to September 30, 2002. If 
you did not receive a FY01 HUD grant, base your response on activities 
and requirements under other sources of funding, such as other federal, 
state or local grant awards.
    ? Characterize your performance with regards to the 
timeliness and completeness with which you satisfied reporting 
requirements (such as Form HUD 9902.)
    ? Also indicate whether or not you fully expended HUD and 
other grant awards during the grant period October 1, 2001 to September 
30, 2002. If not fully expended, provide an explanation as to why the 
funds were not fully expended and the steps you have taken to ensure 
that future funding will be expended in a timely manner.
    ? Significant findings on biennial reviews conducted by HUD 
staff will be

[[Page 21268]]

taken into consideration when scoring this Section. Explain how you 
have taken steps to address and correct any significant findings, if 
applicable.

Rating Factor 2: Need/Extent of Problem (10 Points)

    This factor addresses the extent to which there is a demonstrated 
need for the proposed activities described in your response to Rating 
Factor 3, and the degree to which proposed activities correspond to 
Departmental policy priorities.
    (A) (3 points) Demand for Homeownership Vouchers. Provide an 
estimate by the PHA as to the volume of Homeownership Voucher Program 
participants it anticipates in general for the grant period October 1, 
2003 through September 30, 2004. Explain in detail how the estimate was 
calculated. Estimates and explanations must be provided on PHA 
letterhead and signed by an authorized PHA official.
    (B) (3 points) Local Market. Demonstrate that the local market will 
support affordable homeownership. For example, describe the income and 
wealth characteristics of Homeownership Voucher Program participants, 
such as average income as a percent of area median income, and average 
savings available for down payment, and then demonstrate the 
availability in the local market of homes affordable to these 
participants. Intermediaries and SHFAs must provide this information 
for each affiliate or branch included in their application.
    (C) (4 points) Departmental Policy Priorities. The Departmental 
policy priorities are listed in Section II of the General Section of 
the SuperNOFA. Of those listed, the following 4 apply to the Housing 
Counseling Program for the purpose of this NOFA:
    (1) Providing Increased Homeownership and Rental Opportunities for 
Low- and Moderate-Income Persons, Persons with Disabilities, the 
Elderly, Minorities, and Families with Limited English Proficiency.
    (2) Providing Full and Equal Access to Grass-Roots Faith-Based and 
Other Community-Based Organizations in HUD Program Implementation.
    (3) Colonias.
    (4) Participation of Minority Serving Institutions in HUD Programs.
    You will receive one point (up to 4 total) for each of the 
Departmental policy priorities that your work plan substantively 
addresses.

Rating Factor 3: Scope of Housing Counseling Services / Soundness of 
Approach (40 Points)

    This factor addresses the quality and effectiveness of your 
proposed housing counseling activities.
    (A) (2 points) Work Plan. In scoring this Section, HUD will 
consider whether the applicant provided all of the information 
requested.
    Describe the proposed housing counseling services and if 
applicable, intermediary activities, including training, you propose to 
undertake, and identify the geographic area your services will cover.

National and Regional Intermediaries and State Housing Finance Agencies 
must also provide the following additional information:

    (a) Identify which affiliates will receive funding through this 
grant award. Applicants unable to identify which affiliates will 
receive sub-grants must explain why this is the case and what process 
will be used to select grantees. Pursuant to the applicable regulations 
at 24 CFR 84.82(d)(3)(iii) and 85.30(d)(4), grantees must receive HUD's 
prior written approval for sub-grants.
    (b) Describe the activities of those affiliates, explicitly stating 
the types of services to be offered.
    (c) Describe your relationship with your affiliates (i.e. 
membership organization, field or branch office, subsidiary 
organization, etc.).
    (d) Explain the process that will be used to determine affiliate 
funding levels, distribute funds, and monitor affiliate performance, 
including compliance with the civil rights requirements outlined in the 
General Section of the SuperNOFA.
    (B) (5 points) Employee Allocation/Staff hours. In scoring this 
Section, HUD will evaluate whether allocated staff and staff hours are 
appropriate and sufficient to perform all proposed tasks.
    Indicate the names and titles of employees, including 
subcontractors and consultants, allocated to each proposed activity, as 
well as the corresponding staff hours for each task. Demonstrate that 
each employee's experience is related to the tasks they are to perform.
    (C) (9 points) Coordination. In scoring this Section, HUD will 
consider the extent to which the applicant can demonstrate they will 
coordinate proposed activities with other organizations, and with other 
services and products offered by the applicant's organization, in a 
manner that benefits their clients.
    Describe partnerships and efforts to coordinate proposed activities 
with other organizations, particularly lending organizations and 
nonprofit housing providers. Any written agreements or memoranda of 
understanding in place should be described and copies provided.
    National and regional intermediaries should also highlight internal 
lending operations and loan products available to clients, as well as 
internal affordable housing programs that can be a resource for 
clients.
    Describe plans to avoid conflicts of interest, such as methods for 
disclosing to participants that they are free to choose lenders, 
lending products, and homes, regardless of the recommendations made by 
counselors, and provide copies of relevant disclosure forms and 
materials.
    (D) (12 points) Quality and Complexity of Services. In scoring this 
Section, HUD will evaluate the quality of the proposed housing 
counseling services, and the level of effort and time associated with 
providing the proposed counseling services to the number of clients you 
estimate you will serve in Section E. Scoring will be based on the 
degree to which the applicant demonstrates that, for each type of 
counseling service delivered, and compared to other applicants, 
sufficient time and resources will be devoted to ensure that clients 
receive quality counseling.
    Applicants should carefully document the types and complexity of 
the services to be provided. Describe the level of effort and time you 
estimate is required to provide the proposed counseling services to, 
and meet the needs of, the number of clients you indicate in Section E 
that you will serve with the proposed grant. Estimate the average 
counseling time you, and if applicable your affiliates and branches, 
anticipate per client for all types of counseling offered. Also 
describe planned follow-up activities, if applicable.
    (E) (12 points) Efficient Use of Resources--Proposed HUD Grant 
Activities. In scoring this Section, HUD will evaluate the number of 
clients that the applicant, and if applicable, affiliates and branches, 
estimate will be served under the proposed HUD grant, for the grant 
period October 1, 2003 to September 30, 2004. Scoring will be based on 
the quantity of clients the applicant proposes to serve, compared to 
similar applicants providing similar services. Proposed clients served 
numbers will also be analyzed in the context of budget, costs, spending

[[Page 21269]]

decisions, the types of services provided, level of effort expended, 
etc.
    Indicate the number of clients you project will be served by your 
organization, or, if applicable, affiliates and branch offices, under 
the proposed HUD grant. Do not provide ranges or percentages, but a 
specific number of clients. Estimates must be consistent with the 
number of clients, indicated in the required written commitment to 
partner, that the PHA indicates will be referred to the counseling 
agency/applicant during the grant period October 1, 2003 to September 
30, 2004, or differences should be explained clearly.
    Provide a context for, or qualify the number of clients you project 
to serve with the proposed HUD grant. Indicate how location, counseling 
and client types, and expenses may affect client volume, and whether 
the impact will be short-term or long-term.
    Itemize the costs associated with each specific proposed use of 
counseling funds, such as staff salaries, other staff costs, training 
and travel expenses. Provide the average hourly-labor rate for 
counselors. Justify your proposed expenses and explain why they are 
reasonable, strategic, and appropriate for the counseling activities 
identified above.
    National and Regional Intermediaries and SHFAs must indicate what 
percentage of their proposed HUD grant will be passed through directly 
to affiliates or branches, and explain how funds not passed through 
will be spent.

Rating Factor 4: Leveraging Resources (10 Points)

    Applicants will be evaluated based on their ability to provide 
evidence that they have obtained additional resources for their housing 
counseling activities (in general, not just Homeownership Voucher 
Program-related counseling), including: Direct financial assistance; 
in-kind contributions, such as services, equipment, office space; 
labor; etc. Resources may be provided by governmental entities, public 
or private nonprofit organizations, for-profit private organizations, 
or other entities committed to providing you assistance.
    In order to obtain points under this factor, the applicant must 
demonstrate leveraging by providing letters from entities and/or 
individuals committing resources to the project that include:

--The identity of the entity or individual committing resources to the 
project.
--Dollar value of the resources to be committed.
--Types of resources to be committed.
--An indication that the resources will be available during the grant 
period pertaining to this NOFA, October 1, 2003-September 30, 2004.
--An indication that the award, or a specific portion of it, is 
intended for housing counseling.
--The signature of an official of the entity legally able to make 
commitments on behalf of the entity.
--No conditions that would nullify the commitment. (It is, however, 
acceptable for the commitment to be conditional on HUD funding.)
    Additionally, resources provided by the applicant itself, recorded 
as `applicant match' and `program income' on the form HUD-424, will 
count as leveraged resources.
    Points for this factor will be awarded based on the satisfactory 
provision of evidence of leveraging and financial sustainability, as 
described above, and the ratio of requested HUD housing counseling 
funds to total housing counseling budget. Depending on organization 
type, the following scales will be used to determine scores for this 
factor:

------------------------------------------------------------------------
                         Percentage                             Points
------------------------------------------------------------------------
                             LHCAs and SHFAs
------------------------------------------------------------------------
1-20.......................................................           10
21-35......................................................            9
36-42......................................................            8
43-50......................................................            7
51-58......................................................            6
59-65......................................................            5
66-73......................................................            4
74-80......................................................            3
81-90......................................................            2
91-99......................................................            1
------------------------------------------------------------
                  National and Regional Intermediaries
------------------------------------------------------------------------
1-10.......................................................           10
11-15......................................................            9
16-20......................................................            8
21-25......................................................            7
26-30......................................................            6
31-35......................................................            5
36-40......................................................            4
41-45......................................................            3
46-50......................................................            2
51-99......................................................            1
------------------------------------------------------------------------

Rating Factor 5: Achieving Results and Program Evaluation (5 Points)

    This factor emphasizes HUD's determination to ensure that 
applicants meet commitments made in their applications and grant 
agreements and assess their performance to realize performance goals, 
and reflects HUD's goal to embrace high standards of ethics, management 
and accountability.
    The purpose of this factor is for the applicant to identify program 
outputs and outcomes that will allow you and HUD to measure actual 
achievements against anticipated achievements. Outputs and outcomes 
must be objectively quantifiable.
    Submission Requirements for Factor 5. Applicants must submit an 
effective, quantifiable, outcome-oriented evaluation plan for measuring 
performance and determining that output and outcome goals have been 
met. You must submit a program evaluation plan that demonstrates how 
you will measure your own program performance. Your Evaluation Plan 
should identify what you are going to measure, how you are going to 
measure it, and the steps you have in place to make adjustments to your 
work plan if performance targets are not met within established 
timeframes. Specifically, your plan must identify:

--Outputs. Outputs are the direct products of your program's activities 
that lead to the ultimate achievement of outcomes. Examples of outputs 
are the number of individual counseling sessions, and the number of 
group sessions to be provided. Identify interim and full grant term 
outputs, and timeframes for accomplishing these goals. Your plan must 
show how you will measure actual accomplishments against anticipated 
achievements.
--Work Plan Adjustments. Describe steps in place to make adjustments to 
your work plan if outputs are not met within established timeframes or 
if you begin to fall short of established outputs and timeframes. 
Intermediaries and SHFAs should indicate if and how the performance of 
affiliates and branch offices affects current and future sub-grant 
allocations.
--Outcomes. Outcomes are benefits accruing to the families as a result 
of participation in the program. Outcomes are performance indicators 
you expect to achieve or goals you hope to meet over the term of your 
proposed grant. In scoring this Section, HUD will consider the 
appropriateness of the proposed outcomes given the proposed HUD award 
and past performance, and evaluate proposed outcomes in comparison to 
similar applicants. For the period October 1, 2003-September 30, 2004, 
provide the following anticipated outcomes for clients as a result of 
the proposed grant:

    ? The number of individuals receiving pre-purchase counseling 
that will purchase a home
    ? The number of individuals receiving pre-purchase counseling 
that

[[Page 21270]]

are working toward becoming mortgage ready
    ? The number of individuals receiving pre-purchase counseling 
that, after evaluating their unique financial situation and the costs 
of homeownership, will elect not to purchase a home
    ? The number of individuals receiving default counseling that 
will successfully avoid foreclosure
    (These specific outcomes correspond to the new form HUD-9902. The 
proposed outcomes you provide will be compared with the results 
captured in the HUD-9902 you submit in the FY05 NOFA, should you apply, 
to evaluate the impact you were able to achieve with this award, and 
the degree to which you were able to meet or exceed your proposed 
outcomes.)
--Information Collection. Describe your strategy for following-up with 
clients and collecting outcome information.

    (C) Funding Methodology. Only applicants scoring 75 points or above 
are eligible for funding under Categories 1, 2, 3, and 4. However, 
because of the limited amount of funds available in relation to the 
potential number of applicants, all applicants scoring 75 points or 
above are not guaranteed funding, as described below.
    All LHCAs will be ranked against each other nationally. Up to the 
top 30 scoring applicants nationwide with scores of 75 points or above 
will receive a base award of $15,000. The total number of applicants 
receiving the base award will be multiplied by $15,000 and that amount 
will be subtracted from the total amount available under the category. 
Then, the remaining balance ($300,000 if 30 applicants score 75 points 
or above) will be divided by the total number of points each of those 
30 applicants scores that are above the 75 point cutoff. The division 
will result in a dollar value for each point. The number of points that 
each applicant scores above the 75 point threshold will be multiplied 
by that dollar value. The result of that multiplication will be added 
to the $15,000 base for the total award amount.
    All National Intermediaries will be ranked against each other. Up 
to the top 4 scoring applicants with scores of 75 points or above will 
receive a base award of $150,000. The total number of applicants 
receiving the base award will be multiplied by $150,000 and that amount 
will be subtracted from the total amount available under the category. 
The remaining balance ($350,000 if 4 national intermediaries score 75 
points or above) will be divided by the total number of points each of 
those 4 agencies scores that are above the 75-point cutoff. The 
division will result in a dollar value for each point. The number of 
points that each applicant scores above the 75 point threshold will be 
multiplied by that dollar value. The result of that multiplication will 
be added to the $150,000 base for the total award amount.
    All Regional Intermediaries will be ranked against each other. Up 
to the top 2 scoring applicants with scores of 75 points or above will 
receive a base award of $60,000. The total number of applicants 
receiving a base award will be multiplied by $60,000 and that amount 
will be subtracted from the total amount available under the category. 
Then, the remaining balance ($30,000 if 2 regional intermediaries score 
75 points or above) will be divided by the total number of points each 
of those 2 agencies scores that are above the 75-point cutoff. The 
division will result in a dollar value for each point. The number of 
points that each applicant scores above the 75 point threshold will be 
multiplied by that dollar value. The result of that multiplication will 
be added to the $60,000 base for the total award amount.
    All SHFAs will be ranked against each other nationally. Up to the 
top 5 scoring applicants with scores of 75 points or above will receive 
a base award of $20,000. The total number of applicants receiving a 
base award will be multiplied by $20,000 and that amount will be 
subtracted from the total amount available under the category. The 
remaining balance ($50,000 if 5 SHFAs score 75 points or above) will be 
divided by the total number of points each of those applicants scores 
that are above the 75 point cutoff. The division will result in a 
dollar value for each point. The number of points that each applicant 
scores above the 75 point threshold will be multiplied by that dollar 
value. The result of that multiplication will be added to the $20,000 
base for the total award amount.
    All grantees will receive the lower of either the award amount 
determined with the formula, or the amount actually requested by the 
applicant.
    (D) Reallocation of Unspent Funds. If funds designated for a 
specific grant Category remain unspent after the formula has been run 
and award recommendations determined, HUD may reallocate those funds to 
any other funding category in this NOFA, at its discretion, or may 
reallocate those funds to any category under the general Housing 
Counseling NOFA also issued with this SuperNOFA. Additionally, HUD may 
reallocate unspent funds for housing counseling support activities.
    (E) Applicant Debriefing. Applicants interested in a debriefing 
should consult the instructions in section XI(A)(4) of the General 
Section of the SuperNOFA. Requests should be submitted to the person or 
organization to which you were instructed, in section VI of this NOFA, 
to submit your application.
    (F) Grant Period. Funds awarded shall be available for a period of 
twelve (12) calendar months. Applicants selected for award must receive 
prior HUD approval to incur costs prior to the date of the grant 
agreement. Grantees may incur pre-award costs ninety (90) calendar days 
prior to the effective date of the grant agreement. All pre-award costs 
are incurred at the applicant's risk and HUD has no obligation to 
reimburse such costs if the award is inadequate to cover such costs or 
the award offer is withdrawn because of the applicant's failure to 
satisfy the requirements of this NOFA.
    (G) Award Instrument. HUD expects to use a grant agreement, but it 
reserves the right to use the award instrument it determines to be most 
appropriate. All Housing Counseling Program awards shall be made on a 
cost reimbursement basis in accordance with the requirements in OMB 
Circular A-87, Cost Principles for State and Local Governments and 
Indian Tribal Governments; or OMB Circular A-122, Cost Principles for 
Non-Profit Organizations, as applicable to your organization; and the 
administrative requirements established in OMB Circular A-102, which 
was implemented by 24 CFR part 85 (Administrative Requirements for 
Grants and Cooperative Agreements to State, Local and federally 
recognized Indian tribal governments); OMB Circular A-110, which was 
implemented by 24 CFR part 84 (Grants and Agreements with Institutions 
of Higher Education, Hospitals and Other Non-Profit Organizations); and 
OMB Circular A-133 which was implemented by 24 CFR parts 84 and 85. If 
you receive an award you are also required to ensure that any sub-
recipients also comply with the above requirements. OMB circulars can 
be found at: http://www.whitehouse.gov/omb/. Exit Disclaimer

VI. Application Submission

    In addition to reviewing the instructions below, all applicants 
should consult the General Section of this SuperNOFA and review the 
procedures that affect application submission.
    Application. Because applications will be handled by various staff 
members, they must be bound or secured in a binder, and tabbed. Use the

[[Page 21271]]

checklist below to organize your application. Unless indicated below, 
all applicants must submit the following:
    (1) The standard forms, certifications, and assurances listed in 
Section V(H) of the General Section of the SuperNOFA (collectively, 
referred to as the ``standard forms'').
    (2) HUD-approval / Statutory Authority. Each applicant is required 
to submit a copy of their most recent approval letter or certificate of 
approval as a housing counseling agency from HUD, unless the applicant 
is a SHFA that satisfies the definition of a `Housing Finance Agency' 
in 24 CFR 266.5. SHFAs must submit evidence of their statutory 
authority to operate as a SHFA, and apply for, and use, any funds 
awarded.
    (3) Written Commitment to Partner. Provide a copy of a written 
commitment to partner from each PHA with which you or your affiliates 
and branches have entered into an agreement, as described in Section 
III of this NOFA.
    (4) Form HUD-9902, Housing Counseling Agency Fiscal Year Activity 
Report, for fiscal year October 1, 2001 through September 30, 2002. In 
the space provided on the form, indicate the amount of the FY01 HUD 
grant you received that corresponds with this data. If you did not 
participate in HUD's Housing Counseling Program during the period 
October 1, 2001 through September 30, 2002, this report should be 
completed to reflect your counseling workload and budget during that 
period. A copy of this form is included in Appendix A of this NOFA.
    (5) National and Regional Intermediaries must provide a list of, 
and certify to, the states in which they maintain offices, including 
the national office and all affiliates or branch offices.
    (6) Narrative statements addressing the Rating Factors in section 
V(B) above. Responses to the rating factors should provide HUD with 
detailed quantitative and qualitative information and relevant examples 
regarding the housing counseling work of your organization.
    Please be as specific and direct as possible. For LHCAs, responses 
to each factor must be limited to 10 double-spaced, size 12 font, 
single-sided pages. Additional submissions by LHCAs will not be read. 
These guidelines are also recommended for National and Regional 
Intermediaries and SHFAs, however, if you feel you need to include more 
information to make your case, you should feel free to do so.

VII. Corrections to Deficient Applications

    The General Section of the SuperNOFA provides the procedures for 
corrections to deficient applications. Applications will be declared 
ineligible for any of the following reasons:

--If you do not meet the Civil Rights Threshold Requirements set forth 
in section V(B) of the General Section of this SuperNOFA.
--If you are presently debarred, suspended, proposed for debarment, 
declared ineligible, or voluntarily excluded from covered transactions 
from any federal department or agency.

VIII. Authority

    HUD's Housing Counseling Program is authorized by Section 106 of 
the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x), and is 
generally governed by HUD Handbook 7610.1, REV-4, CHG-1, dated October 
27, 1997.
    The Homeownership Voucher Program and the Section 8 Homeownership 
Program refer to the homeownership option in the Housing Choice Voucher 
Program. The homeownership option is authorized by section 8(y) of the 
United States Housing Act of 1937, as amended by section 555 of the 
Quality Housing and Work Responsibility Act of 1998. The implementing 
regulations are found at 24 CFR 982.625 through 24 CFR 982.642.

Appendix A--Form HUD-9902, Fiscal Year Activity Report

BILLING CODE 4210-32-P

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Funding Availability for the Lead-Based Paint Hazard Control Grant 
Program

PROGRAM OVERVIEW

    Purpose of the Program. The purpose of the Lead-Based Paint Hazard 
Control Grant Program is to assist States, Native American Tribes and 
local governments in undertaking comprehensive programs to identify and 
control lead-based paint hazards in eligible privately owned housing 
for rental or owner-occupants in partnership with nonprofit 
organizations including grassroots faith-based and other community-
based organizations.
    Available Funds. Approximately $96 million in Fiscal Year 2003 and 
approximately $7 million in previous year recaptured funds.
    Eligible Applicants. States, Native American Tribes or local 
governments. If you are a State or Tribal applicant, you must have a 
Lead-Based Paint Contractor Certification and Accreditation Program 
authorized by the Environmental Protection Agency (EPA).
    Application Deadline. You, the applicant, must submit a completed 
application to HUD on or before the respective program's application 
due date. The application deadline is June 10, 2003
    Match. A statutory minimum of 10% match in local funds.

ADDITIONAL INFORMATION

Application and Submission Procedures

    (1) Application Submission. See the General Section of this 
SuperNOFA for specific procedures concerning the form of application 
submission (e.g., mailed applications, express mail or overnight 
delivery). Be advised that there is no Application Kit for this year's 
Lead-Based Paint Hazard Control Grant Program. All the information 
required to submit an application is contained in this Notice of 
Funding Availability (NOFA).
    (2) Addresses. You, the applicant, must submit a complete 
application to: Department of Housing and Urban Development, Office of 
Healthy Homes and Lead Hazard Control, Attn: Lead Hazard Control Grant 
Program, 451 Seventh Street, SW, Room P3206, Washington, DC 20410.
    For Further Information and Technical Assistance: You may contact 
Matthew E. Ammon, Director, Lead Hazard Control Grants Division, Office 
of Healthy Homes and Lead Hazard Control, at the address above; 
telephone (202) 755-1785, extension 158 (this is not a toll-free 
number). If you are a hearing-or speech-impaired person, you may reach 
the above telephone numbers via TTY by calling the toll-free Federal 
Information Relay Service at 1-800-877-8339.

I. Authority, Funding Amounts, and Amount of Funds Allocated

    (A) Authority. The Lead-Based Paint Hazard Control Program is 
authorized by Section 1011 of the Residential Lead-Based Paint Hazard 
Reduction Act of 1992 (Title X of the Housing and Community Development 
Act of 1992). HUD's authority for making funding available under this 
NOFA is the Consolidated Appropriations Resolution of 2003, Public Law 
108-7, approved February 20, 2003.
    (B) Funding Available and Eligibility. Approximately $96 million in 
Fiscal Year 2003 and approximately $7 million in previous year 
recaptured funds will be available for the Lead-Based Paint Hazard 
Control Grant Program. The maximum award amount shall be $3 million per 
grant. Approximately 30 to 40 grants will be awarded. New applicants or 
those previously funded lead-based paint hazard control grantee 
applicants whose period of performance ended prior to the application 
deadline date will be evaluated and scored as a separate group and will 
not be in direct competition with applications from current grantee 
applicants that are eligible for a Performance-Based Renewal to their 
existing grant. A maximum of 35 percent of the funds will be made 
available to applicants eligible for a Performance-Based Renewal. The 
project duration shall be 42 months for new grant recipients and 36 
months for Performance-Based Renewal grantees. HUD reserves the right 
to approve no-cost time extensions for a period not to exceed 24 
months. For new applicants, a minimum score of 75 is required for award 
consideration. Current grantees with active grants at the application 
deadline date must meet specific performance criteria in their current 
grant to be eligible for a Performance-Based Renewal. Current grantees 
eligible for a Performance-Based Renewal must meet or exceed the 
specific work plan performance benchmark goals and objectives outlined 
below for the period ending March 31, 2003 to be eligible to receive up 
to $3 million to continue grant program activities for an additional 36 
months after their current period of performance ends. Current grantees 
that do not meet the performance criteria below are not eligible to 
submit an application under this NOFA. Current grantees with active 
grants at the application deadline date funded under the Fiscal Year 
1998 Lead-Based Paint Hazard Control Grant Program NOFA published in 
the Federal Register (FR) March 31, 1998 and grantees funded under the 
Fiscal Year 2002 Lead-Based Paint Hazard Control Grant Program NOFA 
published in the Federal Register (FR) March 26, 2002 are not eligible 
to apply.

             Performance-Based Renewal Eligibility Criteria
                   [For period ending March 31, 2003]
------------------------------------------------------------------------
                                                              Percentage
                                                              of federal
                                                                funds
                                                 Percentage   reimbursed
                                                  of units   through the
                  FY                     Round    completed    line of
                                                     and        credit
                                                   cleared     control
                                                                system
                                                               (LOCCS)
------------------------------------------------------------------------
1999..................................        7          80           55
2000..................................        8          65           45
2001..................................        9          50           35
------------------------------------------------------------------------

    By achieving the above-referenced level of performance, current 
grantees have demonstrated a clear competitive basis for eligibility in 
receiving additional funds without the need to submit a full 
application in response to the NOFA. The Performance-Based Renewal 
category reflects the intention of the Lead Hazard Control Grant 
Program to move towards more competitive performance-based awards. 
Applicants eligible to submit a Performance-Based Renewal will be 
required to submit a Total Budget (Federal Share and Matching), a work 
plan strategy with specific, measurable, and realistic benchmark 
performance objectives and any supporting materials prescribed in the 
NOFA for the entire Performance-Based Renewal period of performance. In 
addition, grantees awarded grant funds under this category will be 
required to meet the terms and conditions of their current grant 
agreement and any additional applicable requirements under this NOFA 
and subsequent grant agreement modification. HUD may terminate awards 
to grantees that fail to meet established milestones or benchmark 
performance standards established by this NOFA or the Award Agreement.

II. Eligible Applicants and Activities

    (A) Program Description. The Lead-Based Paint Hazard Control Grant 
Program assists States, Native American Tribes and local governments in 
undertaking programs for the identification and control of lead-based 
paint hazards in eligible privately-owned rental and owner-occupied

[[Page 21282]]

housing units. Appendix B (Eligibility of HUD Assisted Housing) lists 
the HUD-associated housing programs that meet the definition of 
eligible housing under this program.
    (1) Because lead-based paint is a national problem, these funds 
will be awarded to programs which:
    (a) Maximize the combination of children protected from lead 
poisoning and housing units where lead-hazards are controlled;
    (b) Target lead hazard control efforts at housing in which children 
are at greatest risk of lead poisoning;
    (c) Stimulate cost-effective approaches that can be replicated;
    (d) Emphasize lower cost methods of hazard control;
    (e) Build local capacity to safely and effectively address lead 
hazards during lead hazard control, renovation, remodeling, and 
maintenance activities; and
    (f) Affirmatively further fair housing and environmental justice.
    (2) The objectives of this program include:
    (a) Implementation of a national strategy, as defined in Title X of 
the Housing and
    Community Development Act of 1992 (42 U.S.C. 4851 et seq.) (Title 
X), to build the community's capacity necessary to eliminate lead-based 
paint hazards in housing, as widely and quickly as possible by 
establishing a workable framework for lead-based paint hazard 
identification and control;
    (b) Mobilization of public and private resources, involving 
cooperation among all levels of government, the private sector, and 
grassroots faith-based and other community-based organizations to 
develop cost-effective methods for identifying and controlling lead-
based paint hazards;
    (c) Development of comprehensive community approaches which result 
in integration of all community resources (governmental, grassroots 
faith-based and other community-based, and private businesses) to 
address lead hazards in housing;
    (d) Integration of lead-safe work practices into housing 
maintenance, repair, weatherization, rehabilitation, and other programs 
that will continue after the grant period ends;
    (e) Establishment of a public registry (listing) of lead-safe 
housing or inclusion of the lead-safe status of properties in another 
publicly accessible address-based property information system and 
affirmatively marketed to families with young children; and
    (f) To the greatest extent feasible, promotion of job training, 
employment, and other economic opportunities for low-income and 
minority residents and businesses that are owned by and/or employ low-
income and minority residents as defined in 24 CFR 135.5 (see 59 FR 
33881, June 30, 1994).
    (B) Eligible Applicants.
    (1) To be eligible to apply for funding under this program, the 
applicant must be a State, Indian Tribe, or unit of local government. 
Multiple units of a local government (or multiple local governments) 
may apply as part of a consortium; however, you must identify a lead 
applicant that will be responsible for ensuring compliance with all 
requirements specified in this NOFA. You may submit only one 
application. In the event that multiple applications are submitted, 
this will be considered a curable (minor) defect and the application 
review process delayed until you notify HUD in writing which 
application should be reviewed. Your other applications will be 
returned unevaluated (see Section VIII of the General Section of this 
SuperNOFA).
    (2) Threshold Requirements. As an applicant, you must meet all of 
the threshold requirements of the General Section of this SuperNOFA 
(Section V (B)) as well as any specific threshold requirements for 
applicants under the Lead Hazard Control Grant Program. Applications 
will not be rated or ranked if they do not meet the threshold 
requirements.
    (3) Consolidated Plans. (This requirement does not apply to Native 
American Tribes.)
    (a) If your jurisdiction has a current HUD-approved Consolidated 
Plan, you must submit, as an appendix, a copy of the lead-based paint 
element included in the approved Consolidated Plan.
    (b) If your jurisdiction does not have a currently approved 
Consolidated Plan, but it is otherwise eligible for this grant program, 
you must include your jurisdiction's abbreviated Consolidated Plan, 
which includes a lead-based paint hazard control strategy developed in 
accordance with 24 CFR 91.235.
    (4) Contracts or other formal arrangements with nonprofit 
grassroots faith-based and other community-based organizations. If 
selected for funding, local and State applicants must enter into 
contractual relationships or other formal arrangements with grassroots 
faith-based and other community-based organizations. Such relationships 
must be established prior to actual execution of the grant agreement. 
This requirement does not apply to Native American Tribes.
    (5) EPA Authorization. If you are a State government or Indian 
(Native American) Tribal government, you must have an EPA-authorized 
Lead-Based Paint Training and Certification Program in effect on the 
application deadline date to be eligible to apply for Lead Hazard 
Control Grant funds. The approval date in the Federal Register notice 
published by the EPA will be used in determining the Training and 
Certification status of the applicant State or Indian (Native American) 
Tribal government.
    (6) Current grantees with active grants at the application deadline 
date must meet specific performance criteria in their most recent grant 
to be eligible for a Performance-Based Renewal Grant. Current grantees 
that do not meet the performance criteria in Section II (B) for the 
period ending March 31, 2003 are not eligible for a Performance-Based 
Renewal grant. Current grantees funded under the Fiscal Year 1998 Lead-
Based Paint Hazard Control Grant Program published in the Federal 
Register (FR) March 31, 1998 or funded under the Fiscal Year 2002 Lead-
Based Paint Hazard Control Grant Program NOFA published in the Federal 
Register (FR) March 26, 2002 are not eligible to apply.
    (7) The eligibility factors discussed in paragraphs (1) through (6) 
above are threshold requirements. If you do not satisfy the appropriate 
eligibility requirements stated in these paragraphs, HUD will not 
review your application.
    (C) Eligible Activities. HUD is interested in promoting lead hazard 
control approaches that result in the reduction of this health threat 
for the maximum number of low-income families with children under six 
years of age, for the longest period of time, and that demonstrate 
techniques which are cost-effective, efficient, and replicable 
elsewhere. Activities must be conducted in compliance with HUD's Lead-
Safe Housing Regulation, 24 CFR part 35, and with any applicable 
requirements of a Training and Certification Program that has been 
authorized by the EPA under the requirements of 40 CFR 745.320. Copies 
of HUD's Lead-Safe Housing Regulation, and the companion publication 
``Interpretive Guidance: The HUD Regulation on Controlling Lead-Based 
Paint Hazards in Housing Receiving Federal Assistance and Federally 
Owned Housing Being Sold,'' are available from the National Lead 
Information Clearinghouse at 1-800-424-LEAD (this is a toll-free 
number). If you are a hearing- or speech-impaired person, you may reach 
the telephone number via TTY by calling the toll-free Federal 
Information Relay Service at 1-800-877-8339. Copies are also available 
from the Office of Healthy Homes and Lead Hazard Control website at: 
www.hud.gov/offices/lead. Exit Disclaimer

[[Page 21283]]

    (1) Direct Project Elements that you may undertake directly or 
through sub-recipients, include:
    (a) Performing dust testing, inspections, and risk assessments of 
eligible housing units constructed prior to 1978 to determine the 
presence of lead-based paint and/or lead hazards from paint, dust, or 
soil through the use of acceptable testing procedures. All test results 
must be provided to the owner of the unit, together with a notice 
describing the owner's legal duty to disclose the results to tenants 
and buyers.
    (b) Conducting required pre-hazard control blood lead testing of 
children under the age of six years of age residing in units undergoing 
lead paint inspection/ risk assessment, or hazard control, unless 
reimbursable from Medicaid or another source.
    (c) Conducting lead hazard control activities that may include any 
combination of the following:
    (i) Interim control of lead-based paint hazards in housing (that 
must include specialized cleaning techniques to address lead dust);
    (ii) Abatement. The complete abatement of all lead-based paint 
hazards or lead-contaminated soil in a unit or structure is acceptable. 
Abatement of lead-contaminated soil should be limited to areas with 
bare soil in the immediate vicinity of the structure, i.e. dripline or 
foundation of the unit being treated, and children's play areas. 
Abatement of all lead based paint is only acceptable in limited 
circumstances with prior HUD approval.
    All lead hazards identified in a housing unit enrolled in the lead 
hazard control grant program must be controlled or eliminated by any 
combination of these strategies.
    (d) Carrying out relocation of families and individuals during the 
period in which hazard control is conducted and until the time the 
affected unit receives clearance for reoccupancy.
    (e) Performing blood lead testing and air sampling to protect the 
health of the hazard control workers, supervisors, and contractors.
    (f) Undertaking minimal housing rehabilitation activities that are 
specifically required to carry out effective hazard control, and 
without which the hazard control could not be completed and maintained. 
These grant funds may be used for lead hazard control work done in 
conjunction with other housing rehabilitation programs. HUD strongly 
encourages integration of this grant program with housing 
rehabilitation, maintenance, weatherization, and other energy 
conservation activities.
    (g) Conducting clearance dust-wipe testing and laboratory analysis 
(laboratory must be recognized by the National Lead Laboratory 
Accreditation Program (NLLAP) as being capable of performing lead 
analyses of samples of paint, dust-wipes, and/or soil).
    (h) Engineering and architectural activities that are required for, 
and in direct support of, lead hazard control.
    (i) Providing resources to build capacity for lead-safe housing and 
lead hazard control, including free delivery of HUD-approved lead-safe 
work practices training courses for housing rehabilitation contractors, 
rehabilitation workers, homeowners, renters, painters, remodelers, 
maintenance staff, and others conducting renovation, rehabilitation, 
maintenance or other work in private housing; free delivery of lead 
sampling technician training, lead-based paint worker or contractor 
certification training; and subsidies for licensing or certification 
fees to low-income persons seeking credentials as lead-based paint 
workers or contractors or lead sampling technicians.
    (j) Providing instruction, training, and material supplies for dust 
control activities to grassroots faith-based and other community-based 
organizations, parent organizations, homeowners, and renters in low-
income private housing.
    (k) Conducting planning, coordination, and training activities to 
comply with HUD's Lead-Safe Housing Regulation (24 CFR Part 35) that 
became effective on September 15, 2000. These activities should support 
the expansion of a workforce properly trained in lead-safe work 
practices which is available to conduct interim controls on HUD 
assisted housing covered by these regulations. The regulation and 
interpretive guidance about the rule are available from the National 
Lead Information Center at 1-800-424-LEAD (this is a toll-free number). 
If you are a hearing-or speech-impaired person, you may reach the 
telephone number via TTY by calling the toll-free Federal Information 
Relay Service at 1-800-877-8339. Copies are also available from the HUD 
website at: www.hud.gov Exit Disclaimer
    (l) Conducting general or targeted community awareness, education 
or outreach programs on lead hazard control and lead poisoning 
prevention designed to increase the ability of the program to deliver 
lead hazard control services including educating owners of rental 
properties, tenants, and others on the Residential Lead-Based Paint 
Hazard Reduction Act, Lead-Safe Housing Regulation, and applicable 
provisions of the Fair Housing Act, and offering educational materials 
in languages other than English, when needed, and providing training on 
lead-safe maintenance and renovation practices and management. Upon 
request, this also would include making all materials available in 
alternative formats to persons with disabilities (e.g., Braille, audio, 
large type).
    (m) Procuring liability insurance for lead-hazard control 
activities.
    (n) Supporting data collection, analysis, and evaluation of grant 
program activities. This includes compiling and delivering such 
information and data as may be required by HUD. This activity is 
separate from administrative costs.
    (o) Participating in applied research, studies, or developing 
information systems to enhance the delivery, analysis, or conduct of 
lead hazard control activities, or to facilitate targeting and 
consolidating resources to further childhood lead poisoning prevention 
efforts.
    (p) Purchasing or leasing equipment having a per unit cost under 
$5,000.
    (q) Purchasing or leasing no more than two (2) X-ray fluorescence 
analyzers for use by the Lead-Based Paint Hazard Control Grant Program, 
if not already available.
    (r) Preparing a final report at the conclusion of grant activities.
    (2) Support Elements.
    (a) Administrative costs. There is a 10% maximum for administrative 
costs. Specific information on administrative costs is included in 
Appendix B.
    (b) Program planning and management costs of sub-grantees and other 
sub-recipients.
    (D) Ineligible Activities. You may not use grant funds for:
    (1) Purchase of real property.
    (2) Purchase or lease of equipment having a per unit cost in excess 
of $5,000, except for the purchase of X-ray fluorescence analyzers.
    (3) Chelation or other medical treatment costs related to children 
with elevated blood lead levels. Non-federal funds used to cover these 
costs may be counted as part of the required matching contribution.
    (4) Lead hazard control activities in publicly owned housing, or 
project-based Section 8 housing (This housing stock is not eligible 
under Section 1011 of the Lead-Based Paint Hazard Reduction Act, but 
other funds are available).

III. Requirements

    (A) Threshold Requirements. In addition to the requirements listed 
in Section V. of the General Section of this SuperNOFA, the applicant 
must comply with the following:
    (1) Matching Contribution. You must provide a matching contribution 
of at

[[Page 21284]]

least 10% of the requested grant sum. This may be in the form of cash, 
including private sector funding, or in-kind (non-cash) contributions 
or a combination of these sources. With the exception of Community 
Development Block Grant (CDBG) funds, Federal Revenue Sharing programs, 
or other programs which by statute allow their funds to be considered 
local funds and therefore eligible to be used as matching funds, 
Federal funds may not be used to satisfy the statutorily required 10% 
matching requirement. Federal funds may be used, however, for 
contributions above the statutory requirement. If an applicant does not 
include the minimum ten percent match in the application, it will be 
considered a curable (correctable) technical deficiency (see Section 
VIII, Corrections to Deficient Applications in the General Section of 
this SuperNOFA for the specific details on how to correct this 
technical deficiency).
    (B) Program Requirements. In addition to the threshold 
requirements, the applicant must also comply with the following:
    (1) Work Activities. Conformance of proposed plans to Federal and 
State policies for Lead-Based Paint Hazard Control. All lead hazard 
control activities must be conducted in compliance with the applicable 
requirements of HUD's Lead-Safe Housing Regulation, 24 CFR Part 35, and 
as clarified in HUD's Interpretive Guidance about the rule. Activities 
must also comply with any additional requirements in effect under a 
State or Tribal Lead-Based Paint Training and Certification Program 
that has been authorized by the EPA pursuant to 40 CFR 745.320.
    (2) Direct Lead Hazard Identification and Control Activities. The 
budget proposed must show a minimum of 60 percent of the total Federal 
amount requested identified for direct lead hazard control activities. 
Direct lead hazard control activities consist of dust testing, lead 
paint inspections, risk assessments, lead hazard control services, and 
clearance examinations. Direct hazard control activities do not include 
relocation, blood lead testing of residents or workers, housing 
rehabilitation, training, community education, applied research, 
purchase of supplies or equipment, or administrative costs.
    (3) Lead-Safe Work Practice Training Activities. For most 
applicants, at least two percent of the total Federal amount in the 
budget proposal will be necessary to promote the expansion of a 
workforce properly trained in lead-safe work practices and which is 
available to conduct interim controls and/or lead hazard abatement as 
well as follow lead-safe work practices while performing work on HUD 
assisted housing units per the provisions of the HUD Lead-Safe Housing 
Regulation 24 CFR part 35(1330(a)(4)(iii)(v), and to safely repair, 
rehabilitate, and maintain other privately-owned residential property. 
Any applicant that proposes to use less than two percent of the total 
Federal amount for this purpose shall present evidence that there is 
currently in place a workforce that is sufficient in size and is 
properly trained to carry out the work under the Lead Hazard Control 
grant and the HUD Lead-Safe Housing Regulation.
    (C) Administrative Costs. There is a 10% maximum for administrative 
costs as specified in Section 1011 (j) of the Residential Lead-Based 
Paint Hazard Reduction Act of 1992 (Title X of the Housing and 
Community Development Act of 1992, Public Law 102-550). Additional 
information about allowable administrative costs is provided in 
Appendix B of this NOFA.
    (D) Period of Performance. The period of performance is 42 months 
for new or prior grantee applicants. The period of performance for 
current grantee applicants eligible for a Performance-Based Renewal is 
36 months. HUD reserves the right to approve no cost time extensions 
for a period not to exceed 24 months.
    (E) Certified and Trained Performers. Funded activities must be 
conducted by persons qualified for the activities according to 24 CFR 
part 35 (possessing certification as abatement contractors, risk 
assessors, inspectors, abatement workers, or sampling technicians, or 
others having been trained in a HUD-approved course in lead-safe work 
practices).
    (F) Coastal Barrier Resources Act. Pursuant to the Coastal Barrier 
Resources Act (16 U.S.C. 3501), you may not use these grant funds for 
properties located in the Coastal Barrier Resources System.
    (G) Flood Disaster Protection Act. Under the Flood Disaster 
Protection Act of 1973 (42 U.S.C. 4001-4128), you may not use these 
grant funds for lead-based paint hazard control of a building or 
manufactured home that is located in an area identified by the Federal 
Emergency Management Agency (FEMA) as having special flood hazards 
unless:
    (1) The community in which the area is situated is participating in 
the National Flood Insurance Program in accordance with the applicable 
regulations (44 CFR parts 59-79), or less than a year has passed since 
FEMA notification regarding these hazards; and
    (2) Where the community is participating in the National Flood 
Insurance Program, flood insurance on the property is obtained in 
accordance with section 102(a) of the Flood Disaster Protection Act (42 
U.S.C. 4012a(a)). You are responsible for assuring that flood insurance 
is obtained and maintained for the appropriate amount and term.
    (H) National Historic Preservation Act. The National Historic 
Preservation Act of 1966 (16 U.S.C. 470) and the regulations at 36 CFR 
part 800 apply to the lead-based paint hazard control activities that 
are undertaken pursuant to this program. HUD and the Advisory Council 
for Historic Preservation have developed an optional Model Agreement 
for use by grantees and State Historic Preservation Officers in 
carrying out activities under this program. The Model Agreement may be 
obtained from the HUD Web site at: www.hud.gov/utilities/intercept.cfm?/
offices/lead/grantfrm/pgi/95_06.pdf. Exit Disclaimer
    (I) Waste Disposal. You must handle waste disposal according to the 
requirements of the appropriate local, State and Federal regulatory 
agencies. You must handle disposal of wastes from hazard control 
activities that contain lead-based paint, but are not classified as 
hazardous in accordance with state or local law or the HUD Guidelines 
for the Evaluation and Control of Lead-Based Hazards in Housing (HUD 
Guidelines). The Guidelines are available from the HUD Web site at: 
www.hud.gov/offices/lead/guidelines/hudguidelines/index.cfm. Exit Disclaimer
    (J) Worker Protection Procedures. You must observe the procedures 
for worker protection established in the HUD Guidelines, as well as the 
requirements of the Occupational Health and Safety Administration 
(OSHA) (29 CFR 1926.62, Lead Exposure in Construction), or the State or 
local occupational safety and health regulations, whichever are most 
protective. If other applicable requirements contain more stringent 
requirements than the HUD Guidelines, the more rigorous standards shall 
be followed.
    (K) Prohibited Practices. You must not engage in the following 
prohibited practices:
    (1) Open flame burning or torching;
    (2) Machine sanding or grinding without a high-efficiency 
particulate air (HEPA) exhaust control;
    (3) Uncontained hydro blasting or high-pressure wash;
    (4) Abrasive blasting or sandblasting without HEPA exhaust control;

[[Page 21285]]

    (5) Heat guns operating above 1,100 degrees Fahrenheit;
    (6) Chemical paint strippers containing methylene chloride or other 
volatile hazardous chemicals in a poorly ventilated space; and
    (7) Dry scraping or dry sanding, except scraping in conjunction 
with heat guns or around electrical outlets or when treating no more 
than two square feet in any one interior room or space, or totaling no 
more than 20 square feet on exterior surfaces.
    (L) Written Policies and Procedures. You must have clearly 
established, written policies and procedures for eligibility, program 
marketing, unit selection, expediting work on homes occupied by 
children with elevated blood lead levels, and all phases of lead hazard 
control, including risk assessment, inspection, development of 
specifications, pre-hazard control blood lead testing, financing, 
relocation and clearance testing. Grantees, subcontractors, sub-
grantees, sub-recipients, and their contractors must adhere to these 
policies and procedures.
    (M) Continued Availability of Lead-Safe Housing to Low-Income 
Families. Units in which lead hazards have been controlled under this 
program shall be occupied by and/or continue to be available to low-
income residents as required by Title X (Section 1011). You must 
maintain a publicly available registry (listing) of units in which lead 
hazards have been controlled and ensure that these units are 
affirmatively marketed to agencies and families as suitable housing for 
families with children under six years of age. The grantee must also 
notify the owner of the information that is collected so that the owner 
will comply with disclosure requirements under 24 CFR part 35, subpart 
A.
    (N) Testing. In developing your application budget, include costs 
for lead paint inspection, risk assessment, and clearance testing for 
each dwelling that will receive lead hazard control, as follows:
    (1) General. All testing and sampling shall conform to the current 
HUD Guidelines and Federal, state or tribal regulations developed as 
part of the appropriate contractor certification program whichever is 
more stringent. It is particularly important to provide this full cycle 
of testing for lead hazard control, including interim controls. Testing 
must be conducted according to the HUD Guidelines and the EPA lead 
hazard standards rule at 40 CFR part 745. All test results must be 
provided to the owner in a timely fashion, together with a notice 
describing the owner's legal duty to disclose the results to tenants 
and buyers under 24 CFR part 35, subpart A.
    (a) Lead-Based Paint and Lead-Based Paint Hazard Identification. A 
combined inspection and risk assessment is required. You should ensure 
that lead paint inspection and risk assessment reports are conducted in 
accordance with established protocols and sufficient to support hazard 
control decisions.
    (b) Clearance Testing. Clearance testing shall be completed in 
accordance with Chapter 15 of the HUD Guidelines and the EPA lead 
hazards standards rule at 40 CFR part 745 for abatement projects and 
the Lead-Safe Housing Regulation (24 CFR part 35) for lead hazard 
control activities or other abatement. The clearance standards shall be 
the more restrictive of those set by the local jurisdiction or by EPA 
or HUD.
    (c) Blood lead testing. Before lead hazard control work begins, 
each occupant who is under six years of age must be tested for lead 
poisoning within the six months preceding the housing intervention. Any 
child with an elevated blood lead level must be referred for 
appropriate medical follow-up. The standards for such testing are 
described in the Centers for Disease Control and Prevention (CDC) 
publications Preventing Lead Poisoning in Young Children (1991), and 
Screening Young Children for Lead Poisoning: Guidance for State and 
Local Public Health Officials (1997).
    (O) Cooperation With Related Research and Evaluation. You shall 
cooperate fully with any research or evaluation sponsored by HUD, CDC, 
EPA or other government agency and associated with this grant program, 
including preservation of project data and records and compiling 
requested information in formats provided by the researchers, 
evaluators or HUD. This also may include the compiling of certain 
relevant local demographic, dwelling unit, and participant data not 
contemplated in your original proposal. Participant data shall be 
subject to Privacy Act protection.
    (P) Data collection. You will be required to collect and maintain 
the data necessary to document the various lead hazard control methods 
used and the cost of these methods.
    (Q) Section 3 Employment Opportunities. Please see Section V (E) of 
the General Section of this SuperNOFA. The requirements of Section 3 of 
the Housing and Urban Development Act of 1968 are applicable to the 
Lead-Based Paint Hazard Control Program.
    (R) Replacing Existing Resources. Funds received under this grant 
program shall not be used to replace existing community resources 
dedicated to any ongoing project.
    (S) Certifications and Assurances. You must include the 
certifications and assurances listed in the General Section of this 
SuperNOFA with your application.
    (T) Davis-Bacon Act. The Davis-Bacon Act does not apply to this 
program. However, if you use grant funds in conjunction with other 
Federal programs in which Davis-Bacon prevailing wage rates apply, then 
Davis-Bacon provisions would apply to the extent required under the 
other Federal programs.
    (U) Conducting Business in Accordance with HUD Core Values and 
Ethical Standards. If awarded assistance under this NOFA, you will be 
required, prior to entering into a new or modified grant agreement with 
HUD, to submit a copy of your code of conduct and describe the methods 
you will use to ensure that all officers, employees and agents of your 
organization are aware of your code of conduct (see Section V (B)(3) of 
the General Section of this SuperNOFA for information about conducting 
business in accordance with HUD's core values and ethical standards).
    (V) Ensuring the participation of Small Businesses, Small 
Disadvantaged Businesses, and Women-Owned Businesses. HUD is committed 
to ensuring that small businesses, small disadvantaged businesses and 
women-owned businesses participate fully in HUD's direct contracting 
and in contracting opportunities generated by HUD grant funds. Too 
often, these businesses still experience difficulty accessing 
information and successfully bidding on Federal contracts. HUD 
regulations at 24 CFR 85.36(e) require recipients of assistance 
(grantees and sub grantees) to take all necessary affirmative steps in 
contracting for purchase of goods or services to assure that minority 
firms, women's business enterprises, and labor surplus area firms are 
used when possible. Affirmative steps shall include:
    (1) Placing qualified small and minority businesses and women's 
business enterprises on solicitation lists;
    (2) Assuring that small and minority businesses, and women's 
business enterprises are solicited whenever they are potential sources;
    (3) Dividing total requirements, when economically feasible, into 
smaller tasks or quantities to permit maximum participation by small 
and minority

[[Page 21286]]

businesses, and women's business enterprises;
    (4) Establishing delivery schedules, where the requirement permits, 
which encourage participation by small and minority businesses, and 
women's business enterprises;
    (5) Using the services and assistance of the Small Business 
Administration (SBA), and the Minority Business Development Agency of 
the Department of Commerce; and
    (6) Requiring the prime contractor, if subcontracts are to be let, 
to take the affirmative steps listed in paragraphs (e)(2)(i) through 
(v) above.

IV. Application Selection Process

    (A) Rating and Ranking. Please see Section VI (B) of the General 
Section of this SuperNOFA. Only those applications that meet the 
threshold review requirements will be rated and ranked. For new 
applicants, HUD intends to fund the highest ranked applications 
receiving a minimum score of 75 within the limits of funding.
    A current grantee eligible to receive a Performance-Based Renewal 
Grant will be rated and ranked based on its demonstrated performance in 
terms of the number of housing units completed and cleared (as a 
percentage of units in current grant agreement), the cumulative Line of 
Credit Control System (LOCCS) drawdowns to date, and other work plan 
benchmarks or milestones achieved. Performance will be evaluated based 
upon the quarterly progress data submitted to HUD for the period ending 
March 31, 2003 and other data available to HUD.
    In addition, the work plan and budget submitted in response to this 
NOFA will be evaluated as part of the rating and ranking process.
    Current grantees that are eligible to submit a Performance-Based 
Renewal application and are successful applicants, will have their 
current grant agreement modified to allow for an additional 36-months 
grant. Eligible current grantee applicants are not to respond to the 
Factors for Award in this NOFA, but must submit the required budget 
forms included in this NOFA and develop a work plan strategy with 
benchmark standards for conducting lead hazard control program 
activities. A work plan and budget should be developed for the 36-month 
period. The submission requirements for the Performance-Based Renewal 
grant can be found in Appendix C of this Program Section of the NOFA.
    HUD intends to fund the highest ranked applicants within the limits 
of funding.
    (1) Remaining Funds. See Section VI (E) (3) of the General Section 
of this SuperNOFA for HUD's procedures if funds remain after all 
selections have been made within a category of the Lead Hazard Control 
Grant Program.
    (B) Factors for Award Used to Evaluate and Rate Applications. The 
factors for rating and ranking applicants, and maximum points for each 
factor, are stated below.
    (1) Performance-Based Renewal applications will be evaluated based 
on the criteria below:
    The maximum number of points to be awarded will be 40.
    (a) Production (10 points). The number of units completed and 
cleared. Grantees whose percentage of units completed and cleared in 
their current agreement meets or exceeds the performance criteria below 
will be awarded points based on the chart below.

------------------------------------------------------------------------
Percentage of units completed and  Round 7  FY  Round 8  FY  Round 9  FY
             cleared                   1999         2000         2001
------------------------------------------------------------------------
£50-55.................  ...........  ...........            3
£55-60.................  ...........  ...........            4
£60-65.................  ...........  ...........            5
£65-70.................  ...........            6            6
£70-80.................  ...........            7            7
£80-85.................            8            8            8
£85-90.................            9            9            9
£90-100................           10           10           10
------------------------------------------------------------------------

    (b) Cumulative LOCCS Drawdowns (10 Points). The cumulative 
drawdowns from LOCCS as a percentage of the Federal funds awarded in 
their current agreement. Grantees whose percentage of cumulative LOCCS 
drawdowns in their current agreement meet or exceed the performance 
criteria below will be awarded points based on the chart below.

------------------------------------------------------------------------
  Percentage of cumulative LOCCS   Round 7  FY  Round 8  FY  Round 9  FY
        drawdowns to date              1999         2000         2001
------------------------------------------------------------------------
£35-40.................  ...........  ...........            3
£40-45.................  ...........  ...........            4
£45-50.................  ...........            5            5
£50-55.................  ...........            6            6
£55-60.................            7            7            7
£60-70.................            8            8            8
£70-75.................            9            9            9
£75-100................           10           10           10
------------------------------------------------------------------------

    (c) Other Work Plan Achievements. (5 Points). A grantee will be 
awarded points for meeting or exceeding their community education, 
outreach, and training objectives that were outlined in their most 
recent approved work plan and reported to HUD.
    (d) Work Plan and Budget. (15 Points) The work plan and budget 
submitted by a grantee will be evaluated to ensure that there are 
specific and measurable performance objectives with benchmark 
milestones developed for the 36-month additional period of performance.
    (2) HUD is encouraging applicants to undertake specific activities 
that will assist the Department in implementing its policy priorities. 
HUD's Strategic Goals and Policy Priorities are outlined in Section II 
of the General Section of this SuperNOFA. For Lead Hazard

[[Page 21287]]

Control Grant Program applicants, activities that promote economic 
opportunities for low-income persons support HUD's policy priority for 
Improving the Quality of Life in Our Nation's Communities. A new 
applicant will be awarded one point under Rating Factor 3(A)(3): 
Economic Opportunities for activities undertaken that specifically 
address this policy priority. Activities that promote the participation 
of grassroots faith-based and community organizations support HUD's 
policy priority for: Providing Full and Equal Access to Grassroots 
Faith-Based and Other Community-Based Organizations. An applicant will 
be awarded one point under Rating Factor 3(A)(4): Lead Hazard Control 
Outreach and Community Private Sector Involvement for activities 
undertaken that specifically addresses this policy priority.
The maximum number of points to be awarded is 102. This maximum 
includes two bonus points as described in Section VI(C) of the General 
Section of this SuperNOFA. For new applicants, a minimum score of 75 is 
required for fundable applications.


------------------------------------------------------------------------
                                                               Maximum
                       Rating factor                            points
------------------------------------------------------------------------
1. Capacity of the Applicant and Relevant Organizational              20
 Experience................................................
2. Needs/Extent of the Problem.............................           20
3. Soundness of Approach...................................           40
4. Leveraging Resources....................................           10
5. Achieving Results and Program Evaluation................           10
Empowerment Zone and Enterprise Community Bonus Points.....            2
============================================================
------------------------------------------------------------------------

Rating Factor 1: Capacity of the Applicant and Relevant Organizational 
Experience (20 points)

    This factor addresses your organizational capacity necessary to 
successfully implement the proposed activities in a timely manner. The 
rating of the ``applicant'' or the ``applicant's staff'' for technical 
merit or threshold compliance, unless otherwise specified, includes any 
grassroots faith-based and other community-based organizations, sub-
contractors, consultants, sub-recipients, and members of consortia that 
are firmly committed to your project. In rating this factor, HUD will 
consider:
    (1) The applicant's recent, relevant and successful demonstrated 
experience (including governmental, parent groups, and grassroots 
faith-based and other community-based partners) to undertake eligible 
program activities. The applicant must describe the knowledge and 
experience of the current or proposed overall project director and day-
to-day program manager in planning and managing large and complex 
interdisciplinary programs, especially involving housing 
rehabilitation, public health, or environmental programs. The applicant 
must demonstrate that it has sufficient personnel or will be able to 
retain qualified experts or professionals, and be prepared to perform 
lead hazard evaluation, lead hazard control intervention work, and 
other proposed activities within 120 days of the effective date of the 
grant award. HUD reserves the right to terminate the grant if 
sufficient personnel or qualified experts are not retained within these 
120 days. In the narrative response for this factor, you should include 
information on your program staff, their experience, their commitment 
to the program, salary information, and position titles. Resumes (for 
up to three key personnel) or position descriptions for those key 
personnel to be hired, and a clearly identified organizational chart 
for the lead hazard control grant program effort (and for the overall 
organization) must be included in an appendix. Indicate the percentage 
of time that key personnel will devote to your project (see Appendix A 
of this NOFA for Sample Worksheet 1-Key Personnel). The applicant's 
day-to-day program manager must be experienced in the management of 
housing rehabilitation or lead hazard control, childhood lead poisoning 
prevention, or similar work involving project management, and must be 
dedicated to the proposed program for a minimum of 75% of the time. 
Ideally, the program manager should be available at the inception of 
the program in order to implement this comprehensive program within the 
120-day period after the effective date of the grant award. The 
applicant should provide a description of any previous experience in 
enrolling units and in completing lead hazard control work, housing 
rehabilitation or other work in a timely and effective manner. Describe 
how any other principal components of your agency, other public 
entities, or other organizations will participate in implementing or 
otherwise supporting or participating in the grant program. You may 
demonstrate capacity by thoroughly describing your prior experience in 
initiating and implementing lead hazard control efforts and/or related 
environmental, health, or housing projects. You should indicate how 
this prior experience will be used in carrying out your proposed 
comprehensive Lead-Based Paint Hazard Control Grant Program.
    (2) If the applicant received previous HUD Lead-Based Paint Hazard 
Control Grant funding, this past experience will be evaluated in terms 
of cumulative progress and achievements under the previous grant(s). If 
the applicant has received multiple HUD Lead Hazard Control Grants, 
performance under the most recent grant award will be primarily 
evaluated. The applicant must provide a description of its progress and 
performance implementing the most recent grant award including the 
total number of housing units enrolled, assessed, and completed and 
cleared as a result of program efforts. The applicant must also 
describe outcomes, capacity building efforts and impediments 
experienced during a previous Lead Hazard Control Grant program. Other 
work plan activities and tasks associated with implementing HUD's Lead-
Safe Housing Regulation, integrating lead-safe work practices into the 
private market, and promoting effective education, outreach, and other 
training activities should be described. The applicant should also 
describe specific instances where the program has contributed positive 
impacts in the community, and indicate what activities were undertaken 
to develop, enhance or expand the local infrastructure through 
collaboration.
    HUD's evaluation process will consider an applicant's past 
performance record as reported to HUD in effectively organizing and 
managing their grant operations, in meeting performance and work plan 
benchmarks and goals, and in managing funds, including their ability to 
account for funds appropriately, the timely use of funds received 
either from HUD or other Federal, State or local programs, and meeting 
performance milestones. HUD may also use other information relating to 
these items from sources at hand, including public sources such as 
newspapers, Inspector General or Government Accounting Office Reports 
or Findings, hotline complaints, or other sources of information that 
have been proven to have merit.

Rating Factor 2: Needs/Extent of the Problem (20 points)

    This factor addresses the extent to which there is a need for the 
proposed program to address a documented problem related to lead-based 
paint and lead-based paint hazards in your identified target area(s). 
An applicant will receive a higher score in this rating factor based on 
their documented need

[[Page 21288]]

as evidenced by thorough, credible, and appropriate data and 
information. The evaluation will be based on the applicant's 
documentation of the number of children with elevated blood lead 
levels, and/or number and proportion of pre-1978 housing units with 
deteriorating paint (i.e., condition of housing stock) and the number 
of very low- and low-income families in the proposed target area(s).
    (1) Document a critical level of need for your proposed activities 
in the geographical area where activities will be performed. Since an 
objective of the program is to prevent at-risk children from being 
poisoned, specific attention must be paid to documenting such need as 
it applies to the targeted area(s), rather than the entire locality or 
state.
    (2) Document the following for the target area(s):
    (a) Numbers and percentages of children less than six years of age 
(see Appendix A for Sample Worksheet 2--Blood Lead Level (BLL) 
Information).
    (i) The number and percentage of children with elevated blood lead 
levels for the following categories:
    (1) less than 10[mu]g/dL;
    (2) greater than or equal to 10[mu]g/dL and less than15[mu]g/dL;
    (3) greater than or equal to 15[mu]g/dL and less than20[mu]g/dL; 
and
    (4) greater than or equal to 20[mu]g/dL.
    (ii) The total number and percentage of children tested for blood 
lead levels,
    (b1) Housing market data relevant to the specified target area(s) 
(see Appendix A of this NOFA for Sample Worksheet 3-Housing Age and 
Condition).
    (i) Housing Age for the following sub-categories: Pre-1940, 1940-
1949, 1950-1959, 1960-1969, 1970-1977 and 1978 or newer;
    (ii) Housing Condition for the following sub-categories: Pre-1940, 
1940-1949, 1950-1959, 1960-1969, 1970-1977 and 1978 or newer.
    (a) The number and percentage of very-low (income less than 50% of 
the area median) and low-(income less than 80% of the area median) 
income families, as determined by HUD (www.huduser.org), Exit Disclaimer with 
adjustments for smaller and larger families (see Appendix A of this 
NOFA for Sample Worksheet 4--Very-Low and Low-Income Population);
    (d) Poverty data relevant to the specified target area(s);
    (e) Housing market data relevant to lead hazard conditions in 
housing available from HUD, or other data sources, including the 
Consolidated Plan/Analysis of Impediments, Public Housing Authority's 
Five-Year Comprehensive Plan, State or local Welfare Department's 
Welfare Reform Plan; and
    (f) Other socio-economic, environmental, or demographic data 
relevant to the target area(s) or jurisdiction that demonstrate a need 
for lead-safe housing may be included. These data may include: the 
number of units that have been occupied by lead-poisoned children where 
the identified lead-based paint hazards have not been eliminated or 
controlled; the number of lead-based paint health and/or housing code 
violations; the number of pre 60 and pre-1978 housing units anticipated 
to undergo rehabilitation in the next 12 months; the proportion or 
number of units with lead dust hazards; information about the principal 
sources of exposure in your community, their prevalence, and the 
segments and/or characteristics of the housing most affected by these 
exposure sources; and/or other information about housing conditions 
(including the condition of housing units noted during previous lead 
hazard control work). Relevant data for other socio-economic, 
environmental, or demographic information may be obtained from census 
data, special studies, the jurisdiction's Consolidated Plan/Analysis of 
Impediments, the Public Housing Authority's Five-Year Comprehensive 
Plan, or the State or local Welfare Department's Welfare Reform Plan or 
local health, housing, or community development agencies.
    (3) You also must provide documentation of the priority that the 
community's Consolidated Plan and Analysis of Impediments to Fair 
Housing Choice has placed on addressing the needs you described. (This 
section does not apply to Native American Tribes. However, a Native 
American Tribe applicant may use the Indian Housing Plan to document 
how the Indian Housing Plan addresses the need for lead hazard control 
grant activities.) If your application addresses needs that are in the 
Consolidated Plan, Analysis of Impediments to Fair Housing Choice, or 
the result of court orders or consent decrees, settlements, 
conciliation agreements, voluntary compliance agreements, Childhood 
Lead Poisoning Prevention Programs or other relevant local initiatives 
you will receive a higher score in this rating factor than applicants 
that do not relate their program to identified needs.
    (4) For you to receive maximum points for this rating factor there 
must be a direct relationship between your proposed lead hazard control 
activities in the target area(s) and the documented community needs.

Rating Factor 3: Soundness of Approach (40 points)

    This factor addresses the quality and cost-effectiveness of your 
proposed work plan. Applicants should develop a work plan that includes 
specific, measurable and time-phased objectives for each major program 
activity. The applicant's work plan should reflect benchmark standards 
for production, expenditures and other activities that have been 
developed by the Office of Healthy Homes and Lead Hazard Control. These 
benchmark standards, as well as policy guidance on developing work 
plans have been included in Appendix A of this NOFA and are available 
at the HUD Web site at: www.hud.gov/offices/lead/lhc/pgi/index.cfm. 
Exit Disclaimer This policy guidance provides a sample format and outline for 
developing the Lead Hazard Control Grant Program Work Plan.
    Applicants should describe the proposed activities and provide HUD 
with measurable outcome results to be achieved with the requested 
funds. Measurable outcome results should be stated in terms relevant to 
the purpose of the program funds as a direct result of the work 
performed within the performance period of the grant (e.g., estimated 
number of units to be made lead-safe, estimated number of children 
living in units made lead-safe, estimated number of persons to be 
trained to perform lead hazard control activities, estimated number of 
educational programs to be presented and/or the number of persons to be 
served by such programs, and the basis for these estimates). Each 
proposed activity must be eligible as described in the NOFA and meet 
statutory requirements for assistance to low- and very low-income 
persons.
    You should present information on your proposed lead-based paint 
hazard control program and describe how it will satisfy the need 
identified in Factor 2; Need and Extent of the Problem and protect 
young children and families from lead poisoning in the target area(s). 
To the extent possible, describe a comprehensive strategy to address 
the need to protect targeted neighborhoods rather than individual units 
or homes. Your response to this factor must include the elements 
described below:
    (A) Lead Hazard Control Work Plan Strategy (32 points) Describe 
your work plan goals and specific time-phased strategy to complete work 
under the grant within the 42-month period of performance for your lead 
hazard control grant program. You should provide information on:

[[Page 21289]]

    (1) Implementing a Lead Hazard Control Program (13 of 32 points). 
Describe how you will implement the strategy for your proposed lead 
hazard control program. The description must include information on:
    (a) How the project will be organized, managed and staffed. You 
must also identify the specific steps that will be taken to train and 
ensure the availability of enough lead-based paint contractors and 
workers to conduct lead hazard control interventions, and to perform 
other program activities. In addition, a detailed description of the 
selection process for sub-grantees, subcontractors or sub-recipients, 
and how assistance and funding will flow from the grantee to those who 
will actually perform the work under the grant.
    (b) The overall number of eligible privately-owned housing units 
scheduled for lead hazard control intervention work and the strategy 
for their identification, selection, prioritization, and enrollment in 
the selected target area(s). Discuss the eligibility criteria for unit 
selection and how the program will identify units that meet these 
criteria. Explain how referrals of eligible units will be obtained from 
childhood lead poisoning prevention programs, other health care or 
housing agencies or health providers that serve children. Also discuss 
how referrals from the Section 8/Housing Choice Voucher programs and 
other agencies that provide housing assistance to low-income households 
with children including CDBG, HOME Investment Partnerships Program-
funded housing programs or other sources. (Include as attachments any 
referral agreements, commitment letters or other documents from other 
entities that describe their participation recruiting eligible units in 
the lead hazard control grant program; see Rating Factor 4 Leveraging 
Resources for additional information regarding referral agreements). 
Provide estimates of the total number of owner-occupied and/or rental 
units that will receive lead hazard control (see Sample Worksheet 5--
Housing Occupancy Projections). You should describe how the program 
will respond to the needs of children with elevated blood lead levels 
(EBLs) located outside the target area(s).
    (c) The degree to which the work plan focuses on eligible 
privately-owned housing units occupied by low-income families with 
children under six years of age. Describe your planned approaches to 
control lead hazards in vacant and/or occupied units before children 
are poisoned and your plans to ensure that the program will continue to 
affirmatively market and match these units made lead-safe with low-
income families with children under six years of age in the future. 
Discuss strategies to control lead hazards in units where children have 
already been identified with an elevated blood lead level (EBL), 
including your process for referring and tracking children with EBLs 
for medical case management, and your capacity to rapidly complete lead 
hazard control work in their units. Provide estimates of the number of 
low-income children you will assist through this program.
    (d) Discuss the lead hazard control financing strategy, including 
eligibility requirements, terms, conditions, dollar limits, and amounts 
available for lead hazard control work. Applicants must also describe 
how grant funds will be recaptured by the program in the event that a 
recipient of grant funds fails to comply with any terms and conditions 
of the financing arrangement (e.g. affordability, sale of property, 
etc.) You must discuss the way assistance from the grant funds will be 
administered to or on behalf of property owners (e.g. use of grants, 
deferred loans and/or forgivable loans and the basis and schedule for 
forgiveness), and the role of other resources, such as private sector 
financing). You should identify the entity that will administer the 
financing process and describe how coordination and payment between the 
program and contractors performing the work will be accomplished. 
Describe matching requirements, if any, proposed for assistance to 
rental property owners.
    (e) You should describe how your proposed program will satisfy the 
stated needs in the Consolidated Plan or Indian Housing Plan, and 
eliminate impediments identified in the Analysis of Impediments (AI). 
Also describe how your proposed program will further and support the 
policy priorities of the Department: including promoting healthy homes 
and the quality of housing. In addition, describe how your strategy 
will provide long-term benefits to families with children under six 
years of age, and whether any of the proposed activities will occur in 
an Enterprise Zones/Enterprise Community/Renewal Communities (EZ/EC/RC) 
and how they will benefit the residents of those zones or communities. 
A list of EZ/EC/RC communities is available at www.hud.gov. Exit Disclaimer
    (2) Technical Approach/Performance (15 of 32 points). New and prior 
grantee applicants are to respond to the items below (see Appendix A of 
this NOFA for Sample Worksheet 6).
    (a) Describe your process for the conduct of lead hazard evaluation 
(risk assessments and/or inspections) in units of eligible privately 
owned housing to confirm that there are lead-based paint hazards in the 
housing units where lead hazard control is undertaken.
    (b) Describe your testing methods, schedule, and costs for 
performing blood lead testing, risk assessments, paint inspections and 
clearance examinations to be used. If you propose to use a more 
restrictive standard than the HUD/EPA thresholds (e.g., less than 0.5% 
or 1.0 mg/ square centimeter for lead in paint, or less than 40, 250, 
400 [mu]g/square foot for lead in dust on floors, sills and troughs, 
respectively); or 400 ppm in bare soil in children's play areas and 
1200 ppm for bare soil in the rest of the yard), identify the 
standard(s) that will be used. All testing shall be performed in 
accordance with applicable regulations.
    (c) Describe the lead hazard control methods and strategies you 
will undertake and the number of units you will treat for each method 
selected (interim controls or hazard abatement). Complete abatement of 
all lead painted surfaces in all units is generally not acceptable as a 
strategy. In cases where only a few surfaces have lead hazards in a 
specific unit and abatement is cost-effective, the applicant must 
provide a detailed rationale for selecting complete abatement as a 
strategy. Provide an estimate of the per unit costs (and a basis for 
those estimates) for each lead hazard control method proposed and a 
schedule for initiating and completing lead hazard control work in the 
selected units. Discuss efforts to incorporate cost-effective lead 
hazard control methods. Explain your cost estimates, providing detail 
on how the estimates were developed, with particular references to cost 
effectiveness.
    (d) Schedule. Provide a realistic schedule for completing key 
activities, by quarter, so that all activities can be completed within 
the period of performance of the grant. Key production activities 
include enrollment of units, paint inspections/risk assessments, and 
completion/clearance of units. When developing the application, the 
applicant shall take into consideration previous experience and 
performance in administering similar kinds of lead hazard control or 
rehabilitation programs.
    (e) Timeframes. Describe the estimated elapsed timeframe for 
treating a typical unit that will receive lead hazard control, 
including referral/intake, enrollment (qualification of the unit as 
eligible), combined paint inspection/risk assessments, preparation of 
specifications or work write-up, selection of the contractor, lead 
hazard control intervention work activities, quality control and 
monitoring of work

[[Page 21290]]

activities, and clearance. The timeframe should include an estimate of 
the staff and contractor time required to treat a typical unit that 
will receive lead hazard control. Describe the schedule for emergency 
referrals (e.g., unit occupied by a child under six years of age with 
an elevated blood lead level). List the type of unit (e.g., owner-
occupied, rental, or vacant) and the number of units projected in each 
of the following categories: lead-based paint inspections/risk 
assessments; interim controls; hazard abatement and clearance 
inspections.
    (f) Workflow and Production Control. Provide guidelines and/or 
flowcharts showing agency/partner responsibilities for each step in the 
process (from intake to clearance) and describe/show how coordination 
and hand-offs will be handled. Discuss how the actual production status 
of units, from intake to final clearance, will be monitored, and how 
and when production bottlenecks will be identified, remedied and 
monitored.
    (g) Describe how you will integrate proposed lead hazard control 
activities with rehabilitation activities, including providing the 
training needed to create a workforce properly trained in lead-safe 
work practices for units assisted or rehabilitated under other HUD 
programs, and any collaboration with local housing or health 
departments, rehabilitation programs or community development 
corporations to stage lead hazard control and rehabilitation in the 
same units.
    (h) Describe your contracting process, including development of 
specifications or adoption of existing specifications for selected lead 
hazard control methods. Describe the management processes you will use 
to ensure the cost-effectiveness of your lead hazard control methods. 
Your application must include a discussion of the contracting process 
for the conduct of lead hazard control activities in the selected 
units, and requirements for coordination among lead hazard control, 
rehabilitation, weatherization, and other contractors.
    (i) Describe your plan for occupant protection or the relocation of 
the occupants of units selected for lead hazard control work. Describe 
any plan to avoid overnight relocation in small scale projects 
consistent with 24 CFR 35.1345(a)(2) and HUD's Interpretive Guidance of 
24 CFR part 35, including J24, R18, and R19 (see Appendix B of this 
NOFA). Your work plan should address the use of safe houses and other 
temporary housing arrangements, storage of household goods, stipends, 
incentives, etc.
    (3) Economic Opportunity (4 points).
    (a) Describe the ways you will train individuals and contractors in 
housing related trades, such as painters, remodelers, renovators, 
maintenance personnel, rehabilitation specialists, and others in lead-
safe work practices.
    (b) Describe how you will help to integrate lead-safety into other 
housing activities, such as meeting the requirements of the HUD Lead-
Safe Housing Regulation in housing units rehabilitated or assisted with 
Federal funds.
    (c) Describe the methods to be used to provide economic 
opportunities for residents and businesses throughout the community 
within the target area. This discussion should include information on 
how you will promote training, employment, business development, and 
contract opportunities as part of your lead hazard control program. 
Grantees must comply with Section 3 of the Housing and Urban 
Development Act of 1968 (12 U.S.C. 1701u) and HUD's implementing rules 
at 24 CFR part 135. Describe how you will accomplish the requirement by 
(1) providing training and employment opportunities for low and very 
low-income persons living within the grantee's jurisdiction, and by (2) 
providing business opportunities to businesses owned by low and very 
low-income persons living within the grantee's jurisdiction. Applicants 
that provide training, employment or business opportunities for low and 
very low income persons will receive one point in this sub factor.
    (4) Lead Hazard Control Outreach and Community Private Sector 
Involvement (6 points). Applicants are encouraged to solicit 
participation of grassroots faith-based and other community-based and 
private sector organizations to accomplish outreach and community 
involvement activities and to build long-term capacity to sustain 
accomplishments in the target area. Applicants that partner, fund, or 
subcontract with grassroots faith-based and other community-based 
organizations will receive one point in this sub-factor. Your 
application must describe:
    (a) Proposed methods of community education. These may include 
community awareness, education, training, and outreach programs in 
support of the work plan and objectives. This description should 
include general and/or targeted efforts undertaken to assist your 
program in reducing lead exposure. Programs should be culturally 
sensitive, targeted, and linguistically appropriate. Upon request, this 
would include making materials available in alternative formats to 
persons with disabilities (e.g., Braille, audio, large type), and in 
other languages common to the community to the extent possible.
    (b) Strategy for involving neighborhood or grassroots faith-based 
and other community based organizations in your proposed activities. 
Your activities may include training (including training residents to 
screen houses through visual assessment and sampling), outreach, 
community education, marketing, inspection (including dust lead 
testing), and the conduct of lead hazard control activities. HUD will 
evaluate the proposed level of substantive involvement of such 
organizations during the review process.
    (c) Strategies and methodologies that affirmatively further fair 
housing and increase access to lead-safe housing for all segments of 
the population: homeowners, owners of rental properties, and tenants. 
This outreach should address ways to avoid housing discrimination 
against families with young children, and ways to ensure that all 
families will have adequate, lead-safe housing choices in the future. 
These strategies could include your plans to develop and implement a 
registry (listing) of lead-safe housing that is available to the 
public, or to incorporate the inclusion of the lead-safe status of 
properties in another publicly accessible address-based property 
information system. The strategy could also include affirmatively 
marketing your services to those populations least likely to apply and 
who may not be served by any of the partner organizations working with 
you.
    (5) Data Collection and other Program Support Activities (2 
points).
    (a) Identify and discuss the specific methods you will use (in 
addition to HUD reporting requirements) to document activities, 
progress, program effectiveness, and how changes necessary to improve 
performance will be implemented. Describe how you will obtain, document 
and report on information collected.
    (b) Provide a detailed description of any proposed participation in 
research activities, studies, or development of information systems 
designed to enhance the delivery, analysis, or conduct of lead hazard 
control activities, or that will facilitate the targeting and pooling 
of resources to further childhood lead poisoning prevention efforts.
    If you are proposing to participate in research activities, 
describe the objectives, methodology and impact at the local level of 
the proposed research activities.

[[Page 21291]]

Rating Factor 4: Leveraging Resources (10 points)

    This factor addresses your ability to obtain other community and 
private sector resources that can be combined with HUD's program 
resources to achieve program objectives. In evaluating this factor, HUD 
will consider the extent to which you have established working 
partnerships with other entities to get additional resources or 
commitments to increase the effectiveness of the proposed program 
activities (see Appendix A of this NOFA for Sample Worksheet 7 (Match 
Funding) and Worksheet 8 (Grant Partners)). Resources may include cash 
or in-kind contributions of services, equipment, or supplies allocated 
to the proposed program. Resources may be provided by governmental 
entities, public or private organizations, and other entities 
partnering with you. Leveraging arrangements with rental property 
owners may have the benefits of increasing the efficiency of public 
lead hazard identification and control expenditures and creating a 
financial stake for rental property owners in the quality of lead 
hazard control work. Contractual or other formal relationships with 
grassroots faith-based and other community-based organizations are a 
requirement for State and local government applicants. Documentation of 
relationships with grassroots faith-based and community-based 
organizations must be provided in this application either in the form 
of signed agreements or commitment letters. This requirement does not 
apply to Native American Tribe applicants. You also may partner with 
other program funding recipients to coordinate the use of resources in 
your target area(s).
    (1) You should detail any activities to increase the understanding 
of lead poisoning prevention in your community. This could include 
partnerships with childhood lead screening programs, collaboration with 
ongoing health, housing or environmental research efforts which could 
result in a greater availability of resources, and efforts to build 
capacity for lead-safe housing.
    (2) Matching funds must be shown to be specifically dedicated to 
and integrated into supporting the lead-based paint hazard control 
program (see Appendix A of this NOFA for Sample Worksheet 7--Match 
Funding). You may not include funding from any Federally funded program 
(except the CDBG program) as part of your required 10% match. Other 
resources from the private sector or other sources committed to the 
program that exceed the required 10% match will provide points for this 
rating factor. Contributions above the first 10% may include funds from 
other Federally funded programs, and/or State, local, charity, non-
profit or for-profit entities. You must support each source of 
contributions, cash or in-kind, both for the required minimum and 
additional amounts, by a letter of commitment from the contributing 
entity, whether a public or private source. The letter must describe 
the contributed resources that you will use in the program and their 
designated purpose. The signature of the authorized official on the HUD 
Form-424 commits matching or other contributed resources of the 
applicant organization. A separate letter from the applicant 
organization is not required. Staff in-kind contributions should be 
given a monetary value based on the local market value of the staff 
skills. If you do not provide letters from contributors specifying 
details and the amount of the actual contributions, those contributions 
will not be counted. Contributions required of rental property owners 
may be included as part of your match. You should document and estimate 
the amount of the match from each resource.
    Applicants will not receive full points under this rating factor if 
they do not submit evidence of a firm commitment and the appropriate 
use of leveraged resources under the grant program. Such evidence must 
be provided in the form of letters of firm commitment, memoranda of 
understanding, or other signed agreements to participate from those 
entities identified as partners in your application. Each letter of 
commitment, memorandum of understanding, or agreement to participate 
should include the organization's name, the proposed level of 
commitment and the responsibilities as they relate to your proposed 
program. The commitment must be signed by an official of the 
organization legally able to make commitments on behalf of the 
organization. Describe the role of grassroots faith-based and other 
community-based organizations in specific program activities, such as: 
hazard evaluation and control; monitoring; and awareness, education, 
and outreach within the community. Describe how you will ensure that 
commitments to sub-grantees specified in your proposal will be honored 
and executed, contingent upon an award from HUD.

Rating Factor 5: Achieving Results and Program Evaluation. (10 Points)

    This factor emphasizes HUD's commitment to ensuring that applicants 
achieve the goals outlined in their work plan and other benchmark 
standards and assess their performance to ensure performance goals are 
met. Achieving results means you, the applicant, have clearly 
identified the benefits, or outcomes of your program. Outcomes are 
ultimate goals. Benchmarks or outputs are interim activities or 
products that lead to the ultimate achievement of your goals.
    Program evaluation requires that you, the applicant, identify 
program outcomes, interim products or benchmarks, and performance 
indicators that will allow you to measure your performance. Performance 
indicators should be objectively quantifiable and measure actual 
achievements against anticipated achievements. Your Evaluation Plan 
should identify what you are going to measure, how you are going 
measure it and the steps you have in place to make adjustments to your 
work plan if performance targets are not met within established 
timeframes.
    This new rating factor reflects HUD's goal to embrace high 
standards of ethics, management and accountability. Applicants are 
required to complete the HUD Logic Form included in Appendix B of the 
General Section of this SuperNOFA.
    (1) An applicant is to identify and describe specific methods, 
measures, and tools that you will use (in addition to HUD reporting 
requirements) to measure progress, evaluate program effectiveness, and 
identify program changes necessary to improve performance. Describe how 
you will obtain, document and report the information. In evaluating 
this factor, HUD will consider how you have described outcome measures 
and benefits of your program including:
    (a) The degree to which lead hazard control work will be done in 
conjunction with other housing-related activities (i.e., 
rehabilitation, weatherization, correction of code violations, and 
other similar work), or your plan for the integration and coordination 
of lead hazard control activities into those activities in the future.
    (b) Plans to develop public/private lending partnerships to finance 
lead hazard control as part of acquisition and rehabilitation financing 
such as the use of Community Reinvestment Act ``credits'' by lending 
institutions or other financing strategies.

[[Page 21292]]

    (c) Results of any specific plans and objectives established to 
implement and/or maintain a registry (listing) of lead-safe housing 
that is available to the public, or to incorporate the inclusion of the 
lead-safe status of properties in another publicly accessible address-
based property information system. Results could include how the 
information would be managed and affirmatively marketed to the public 
so that families (particularly low-income families with children under 
six years of age) can make informed decisions regarding their housing 
options. Prior grantee applicants must address any registry (listing) 
of lead-safe housing developed during the prior grant period by 
specifically discussing the availability, amount of information 
contained, and its maintenance.
    (d) The extent to which affirmatively furthering fair housing for 
all segments of the population is advanced by the proposed activities. 
(This section does not apply to Native American Tribes.) Detail how 
your proposed work plan will support the community's efforts to 
affirmatively further affordable housing and discuss the impact of 
prior activities that have contributed to enhanced lead-safe housing 
opportunities.
    (e) The resulting impact of plans to adopt or amend statutes, 
regulations, or policies that will more fully integrate lead hazard 
control into community policies and priorities.
    (f) Results of activities to coordinate and cooperate with other 
organizations that will lead to a reduction in lead risks to community 
residents. This could include documenting such activities as: free 
training to create a workforce properly trained in lead safe work 
practices; lead-safe repainting and remodeling; promotion of essential 
maintenance practices; and provision of lead dust testing to low-
income, privately-owned homes which may not receive lead hazard control 
assistance under this grant program.
    (g) How your program will be held accountable for meeting program 
goals, objectives, and the actions undertaken in implementing the grant 
program. Applicants should provide a description of the mechanism to 
assess progress and track performance in meeting the goals and 
objectives outlined in the work plan. Applicants should provide 
assurances that work plans and performance measures developed for the 
program will assist intended beneficiaries, and that work will be 
conducted in a timely and cost-effective manner.
    Note on Program Performance: Grantees shall take all reasonable 
steps to accomplish all lead hazard control activities outlined in an 
approved work plan within the approved period of performance. HUD will 
closely monitor grantee performance with particular attention placed on 
the completion of the number of units in the grant agreement, the 
expenditure of HUD grant funds as evidenced by drawdowns from the Line 
of Credit Control System (LOCCS), and other established community 
education, outreach and training objectives. HUD reserves the right to 
terminate the grant prior to the expiration of the period of 
performance if a grantee fails to meet established work plan benchmark 
milestones in implementing the approved program of activities.

Bonus Points (2 Points).

    Applicants may also meet the requirements listed in Section VI (C) 
of the General Section of this SuperNOFA for a possible award of two 
bonus points.

V. Application Submission Requirements for New and Prior Grantee 
Applicants

    (Grantee applicants eligible for a Performance-Based Renewal are to 
follow the submission requirements included in Appendix C of this Lead 
Hazard Control Grant Program NOFA)

(A) Applicant Information

    (1) Application Format. The application narrative response from new 
and eligible prior grantees to the Rating Factors is limited to a 
maximum of 25 pages (excluding appendices and worksheets). Your 
response must be typewritten on one side only on 8\1/2\'' x 11'' paper 
using a 12-point (minimum) font with not less than \3/4\'' margins on 
all sides. Appendices should be referenced and discussed in the 
narrative response. Materials provided in the appendices should 
directly apply to the rating factor narrative.
    (2) Application Checklist. Your application must contain all of the 
required information noted in this Program Section and the General 
Section of this SuperNOFA. These items include the standard forms, 
certifications, and assurances listed in the General Section of this 
SuperNOFA that are applicable to this funding (collectively referred to 
as the ``standard forms''). The standard forms can be found in Appendix 
B of the General Section of this SuperNOFA. In addition, the following 
items are to be included in an application:
    (a) Transmittal Letter. The applicant (or applicants) submitting 
the application, the dollar amount requested, the number of units to 
receive lead hazard control work, what the program funds are requested 
for, the nature of involvement with grassroots faith-based and other 
community-based organizations, and the name, mailing address, telephone 
number, and principal contact person of ``the applicant.''
    (b) Checklist and Submission Table of Contents (see Appendix A of 
this NOFA).
    (c) Abstract Summary. An abstract summary describing the goals and 
objectives of your proposed program (two page maximum). The abstract 
should briefly highlight the major goals and objectives established for 
the program.
    (d) Section V Forms. All forms as required by Section V (H) of the 
General Section of this SuperNOFA.
    (e) Budget. A detailed budget (total budget is the Federal share 
and matching contribution) with supporting cost justifications for all 
budget categories of your grant request. You must provide a separate 
estimate for the overall grant management element (Administrative 
Costs), which is more fully defined in Appendix B of this NOFA. The 
budget shall include not more than 10% for administrative costs and not 
less than 90% for direct project elements. A minimum of 60% of the 
total Federal amount requested must be dedicated to direct lead hazard 
control activities. A sufficient amount (two percent for most 
applicants) of the total Federal amount must be dedicated to activities 
to create a workforce properly trained in lead-safe work practices. If 
an applicant chooses not to include costs related to lead-safe work 
practices training in their work plan and budget, it must demonstrate 
that there is a workforce currently in place that is sufficient in size 
and is properly trained to carry out the work under the Lead Hazard 
Control Grant Program and the HUD Lead-Safe Housing Regulation. In the 
event of a discrepancy between grant amounts requested in various 
sections of the application, the amount you indicate on the HUD Form-
424 will govern as the correct value.
    (f) Matching Contribution. An itemized breakout (using the HUD 424) 
of your required matching contribution, including:
    (i) Values placed on donated in-kind services;
    (ii) Letters or other evidence of commitment from donors; and
    (iii) The amounts and sources of contributed resources.
    (g) Application Forms. Standard Forms SF-LLL and HUD Forms 2880, 
2990, 2991, 2993, and 2994.

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    (h) Grant Partners. Contracts, Memoranda of Understanding or 
Agreement, letters of commitment or other documentation describing the 
proposed roles of agencies, local broad-based task forces, 
participating grassroots faith-based and other community or 
neighborhood-based groups or organizations, local businesses, and 
others working with the program.
    (i) Consolidated Plan Element. A copy of the lead hazard control 
element included in your current program year's Consolidated Plan. 
(This does not apply to Native American Tribes) You should include the 
discussion of any lead-based paint issues in your jurisdiction's 
Analysis of Impediments, particularly as it addresses your target 
areas.
    (j) Rating Factor Response. Narrative responses to the five rating 
factors.
    (B) Proposed Activities. Unless otherwise noted in this NOFA, all 
applicants must, at a minimum, describe the proposed activities in the 
narrative responses to the rating factors. Your narrative statement 
must be numbered in accordance with each factor for award (Rating 
Factors 1 through 5). Please see Section V of the General Section of 
this SuperNOFA for additional requirements and submittal procedures.
    (C) Applicant Debriefing. See Section XI(A)(d) of the General 
Section of this SuperNOFA for information about applicant debriefing.

V. Corrections to Deficient Applications

    See Section VIII of the General Section of this SuperNOFA for 
information about corrections to deficient applications.

VI. Environmental Requirements

    (A) Environmental Impact. See Section IX of the General Section of 
this SuperNOFA for information about the Finding of No Significant 
Impact.
    (B) Environmental Requirements. Recipients of lead-based paint 
hazard control grants must comply with 24 CFR Part 58--``Environmental 
Review Procedures for Entities Assuming HUD Environmental 
Responsibilities.'' Recipients are prohibited from committing or 
expending HUD and non-HUD funds on the project until HUD approves the 
recipient's Request for the Release of Funds (form HUD 7015.15) or the 
recipient has determined that the activity is either Categorically 
Excluded, not subject to the related Federal laws and authorities 
pursuant to 24 CFR 58.35(b) or Exempt pursuant to 24 CFR 58.34. For 
Part 58 procedures, see http://www.hud.gov/offices/cpd/energyenviron/
environment/index.cfm. Exit Disclaimer For assistance, contact Karen Choi, 
the Office of Healthy Homes and Lead Hazard Control Environmental Officer 
at (213) 894-8000 x3015 (this is not a toll-free number) or the HUD 
Environmental Review Officer in the HUD Field Office serving your area. 
If you are a hearing-or speech-impaired person, you may reach the 
telephone number via TTY by calling the toll-free Federal Information 
Relay Service at 1-800-877-8339. Recipients of a grant under this 
funded program will be given additional guidance in these 
responsibilities.

VII. HUD Reform Act of 1989

    The provisions of the HUD Reform Act of 1989 that apply to this 
NOFA are explained in the General Section of this SuperNOFA at Section 
XI (A) Public Access, Documentation and Disclosure

Appendix A

    Appendix A of this NOFA contains sample worksheets to assist you 
in your response to specific information requested in this NOFA. The 
submission of these worksheets are not mandatory, but have been 
developed to reduce the applicant's burden on providing this 
information.

Appendix B

    The description of Administrative Costs, Eligibility of HUD 
Assisted Housing, and Work Plan Guidance are included in this 
section of the NOFA.

Appendix C

    The eligibility criteria and submission requirements for current 
grantees eligible to submit a Performance-Based Renewal are included 
in this section of the NOFA.

BILLING CODE 4210-32-P

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