[Federal Register: April 24, 2003 (Volume 68, Number 79)]

[Notices]               

[Page 20313-20321]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr24ap03-136]                         





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Part III











Department of Housing and Urban Development











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Notice of Funding Availability (NOFA) for the Permanent Housing and 

Special Efforts for Subpopulations Technical Assistance Program 

(PHASES-TA); Notice





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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT



[Docket No. FR-4802-N-01]



 

Notice of Funding Availability (NOFA) for the Permanent Housing 

and Special Efforts for Subpopulations Technical Assistance Program 

(PHASES-TA)



AGENCY: Office of Community Planning and Development, HUD.



ACTION: Notice of funding availability (NOFA).



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SUMMARY: Purpose of the Program: The purpose of the technical 

assistance (TA) program detailed in this NOFA is: To provide technical 

assistance to grantees, project sponsors, and potential applicants for 

the McKinney-Vento Act funded Supportive Housing Program, Section 8 

Moderate Rehabilitation Single Room Occupancy, and Shelter Plus Care 

projects to promote the development of permanent housing and supportive 

services as part of the Continuum of Care (CoC) approach, including 

innovative approaches to enable homeless persons to live as 

independently as possible. A Continuum of Care approach helps 

communities plan for and provide a balance of emergency, transitional, 

and permanent housing and service resources to address the needs of 

homeless persons so they can make the critical transition from the 

streets to permanent housing and independent living. In addition to 

prevention, the fundamental components of a CoC system are outreach and 

assessment to identify an individual's or family's needs and make 

connections to facilities and services, emergency shelter, transitional 

housing, and permanent housing arrangements. In addition, this TA 

program is intended to provide assistance to faith-based and other 

community grassroots organizations, veteran-specific organizations, and 

organizations serving Colonias areas to better enable them to develop 

and implement viable project proposals to assist homeless persons using 

McKinney-Vento funds.

    HUD's Strategic Goals: Activities funded through this NOFA are 

meant, to the extent practicable, to support the Strategic Goals 

described below:

    Strategic Goal 1. Effectively address the challenge of 

homelessness. Ending chronic homelessness within a decade is a primary 

goal of HUD's homeless assistance programs. HUD is also the primary 

agency responsible for providing housing and related resources to 

prevent homelessness and help homeless families and individuals move to 

permanent housing.

    Strategic Goal 2. Strengthen and expand faith-based and other 

community partnerships that enhance communities. HUD has a long and 

rich history of cooperating with faith-based and other community-based 

organizations to address the needs of underserved communities, 

including the needs of those Americans for whom homelessness, the lack 

of affordable housing, and limited alternatives for special needs 

housing lead to despair and hopelessness. Building on this history, HUD 

plans to strengthen and expand its partnerships with faith-based and 

other community-based groups to take further advantage of their 

capacity to provide quality services to communities and families.

    Available Funds. Up to $2 million in FY 2002 funds is available for 

the PHASES-TA program. (Approximately $1 million will be available in 

TA funds for development and implementation of permanent housing, with 

the remaining $1 million to be used for technical assistance for faith-

based and other community organizations, veteran-specific 

organizations, and organizations either currently serving or desiring 

to serve Colonias.)

    Eligible Applicants. Specific eligibility requirements for the 

PHASES-TA program are found below in Section III (C).

    Application Deadline. June 18, 2003.

    Match: None.



ADDITIONAL INFORMATION: 



I. Application Due Date; Application Submission Procedures; Further 

Information and Technical Assistance



    Application Due Date: Applicants must submit a completed 

application (original and one copy) by June 18, 2003, to the address 

shown below. Only one application per applicant is permitted.

    Application Submission Procedures. HUD has standardized security 

procedures that affect the application submission process. Please read 

the following instructions carefully and completely. HUD will not 

accept hand delivered applications. Applications may be mailed using 

DHL, Falcon Carrier, FedEx, United Parcel Service (UPS), or the United 

States Postal Service (USPS). No other delivery services are permitted 

into HUD Headquarters without escort. Applicants must, therefore, use 

one of the five carriers listed above.

    Mailed Applications. An application will be considered timely filed 

if it is postmarked on or before 5:15 pm EDT on June 18, 2003, and 

received by the designated HUD office on or within twenty-one (21) days 

of the application due date. All applicants must obtain and save a 

Certificate of Mailing showing the date when the application was 

submitted to the United States Postal Service (USPS). The Certificate 

of Mailing will be the applicant's documentary evidence that the 

application was timely filed.

    Applications Sent by Overnight/Express Mail Delivery. If the 

application is sent by overnight delivery or express mail, the 

application will be timely filed if it is received on or before June 

18, 2003, or when the applicant submits documentary evidence that the 

application was placed in transit with the overnight delivery/express 

mail service by no later than June 18, 2003. Due to security measures, 

applicants must use one of four carrier services that are permitted 

into HUD Headquarters without escort. These services are DHL, Falcon 

Carrier, FedEx and UPS. Delivery by these services must be made during 

HUD Headquarters business hours, 8:30 a.m. to 5:30 p.m. Eastern Time, 

Monday through Friday. If these companies do not service an applicant's 

area, the applicant should submit the application via the United States 

Postal Service.

    Addresses for Submitting Applications. Applicants must submit 

completed applications to HUD Headquarters, U.S. Department of Housing 

and Urban Development, Office of Community Planning and Development 

(CPD) Processing and Control Branch, Room 7251, 451 Seventh Street, 

SW., Washington, DC 20410. A completed application consists of the 

original application and one copy. When submitting an application, 

applicants should refer to the Permanent Housing and Special Efforts 

for Subpopulations Technical Assistance (PHASES-TA) Program. Applicants 

should include name, mailing address (including zip code), telephone 

number (including area code), and fax number (including area code).

    Further Information and Technical Assistance. For supplemental 

information or technical assistance, applicants may contact Jean Whaley 

at 202-708-3176, x2774 (this is not a toll-free number) in HUD 

Headquarters. Persons with hearing and speech challenges may access the 

above number via TTY by calling the Federal Relay Service at 1-800-877-

8339. Information on this NOFA may also be obtained through the HUD Web 

site on the Internet at http://www.hud.gov.



II. Amount Allocated



    (A) The amount allocated for the PHASES-TA program is up to 

$2,000,000.



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    (B) HUD will determine the total amount to be awarded to each 

provider based upon the size and needs of the provider's operating 

service area, the funds available for that area, the number of other 

awardees selected in that area, and the scope of the technical 

assistance to be provided. HUD may require selected applicants, as a 

condition of funding, to provide coverage on a geographically broader 

basis than applied for in order to supplement or strengthen the 

intermediary network in terms of the location (service area) and types 

and scope of technical assistance proposed.

    (C) To the extent permitted by funding constraints, HUD intends to 

provide coverage for as full a range as possible of eligible 

activities. To achieve this objective, HUD will fund the highest 

ranking providers that bring the required expertise in one or more 

specialized activity areas, and may fund portions of providers' 

proposed programs in which they have the greatest skill and capability 

for given geographic areas. HUD will apply rating factors, identified 

in Section V of this NOFA, to select a range of providers and 

activities that would best serve program objectives for the programs 

funded under this NOFA.



III. Program Description; Program Award Period; Eligible Applicants; 

Eligible Activities



(A) Program Description



    Up to $2 million in funds are available for technical assistance 

providers to help organizations that operate or wish to provide 

McKinney-Vento programs to better serve their clients' permanent and/or 

special housing and supportive service needs. Here the term ``special'' 

refers to one or more of three designated populations: homeless 

veterans, homeless persons in Colonias, or homeless persons being 

assisted by faith-based and other community grassroots organizations. 

Faith-based and other community grassroots organizations are defined as 

those organizations that are headquartered in the local community to 

which they provide services; and have social service budgets of 

$300,000 or less (not including other portions of the budget such as 

salaries and expenses), or have six or fewer full-time equivalent 

employees. Local affiliates of national organizations are not 

considered ``grassroots.'' Local affiliates of national organizations 

are encouraged, however, to partner with grassroots organizations but 

must demonstrate that they are currently working with a grassroots 

organization, e.g., having a congregation or civic organization, or 

other charitable organization provide volunteers.

    Thus far, the three types of technical assistance that have been 

delineated include TA to providers who serve homeless veterans, TA to 

providers who serve homeless persons in Colonias, and TA to providers 

who serve homeless persons through faith-based and other community 

grassroots organizations. The fourth kind of technical assistance will 

be for providers of permanent housing serving any or all categories of 

homeless people. Eligible applicants are able to apply for funding to 

address the technical assistance needs of as few as one, and as many as 

all four, of these TA areas. This section of the NOFA reflects the 

statutory requirements of the PHASES-TA program.



(B) Program Award Period



    (1) Cooperative agreements will be for a period of up to 18 months. 

HUD, however, reserves the right to:

    (a) Terminate awards in accordance with provisions contained in OMB 

Circular A-102 and A-110, and 24 CFR parts 84-85, anytime after 12 

months;

    (b) Withdraw funds from a specific provider, if HUD determines that 

the need for assistance is not commensurate with the award for 

assistance; or

    (c) Extend the performance period for up to a total of 12 

additional months of individual awardees that have performed 

satisfactorily or for which there is a demonstrated continuing need for 

assistance. As a condition of receiving an award, a successful 

applicant must agree to serve for an extended period.

    (2) In cases where an applicant selected for funding is currently 

providing technical assistance under an existing HUD grant/cooperative 

agreement, HUD reserves the right to adjust the start date of funding 

available under this NOFA to coincide with the conclusion of the 

previous award, or to incorporate the remaining activities from the 

previous award into the new agreement, adjusting the funding levels as 

necessary.



(C) Eligible Applicants



    HUD is specifically looking for applicants who satisfy any one, or 

a combination of, the conditions from the following list:

    (1) Applicant is a provider of permanent housing and/or supportive 

services to homeless individuals and/or families;

    (2) Applicant has experience with the McKinney-Vento funding 

process;

    (3) Applicant is a provider that services primarily homeless 

veterans and their families or focuses on homeless veterans as part of 

the homeless population it serves;

    (4) Applicant is a provider that serves homeless persons in 

Colonias and their families;

    (5) Applicant is a faith-based or community organization that 

serves homeless individuals and/or families;

    (6) Applicant is a public and/or private nonprofit or for-profit 

group, including educational institutions and area-wide planning 

organizations, qualified to provide technical assistance on McKinney-

Vento Act Homeless Assistance activities.

    An organization may not provide assistance to itself. All applicant 

organizations must have demonstrated ability to provide TA in a 

geographic area larger than a single city or county and must propose to 

serve an area larger than a single city or county. A consortium of 

organizations may apply for one or more TA programs, but HUD will 

require that one organization be designated as the legal applicant, 

where legally feasible. Where one organization cannot be so designated 

for all proposed activities, HUD may execute more than one cooperative 

agreement with the members of a consortium. However, in general HUD 

will not award more than one cooperative agreement per application 

unless necessary due to legal requirements.



(D) Eligible Activities



    Eligible activities under this NOFA are described below. All 

proposed activities must be generally eligible as described in (1), and 

address one of the following from (2), (3), (4), or (5), below:

    (1) Funds are available to provide technical assistance to grantees 

and project sponsors for McKinney-Vento Act funded homeless assistance 

projects. Funds also may be used to provide technical assistance to 

potential applicants and potential project sponsors of McKinney-Vento 

Act homeless assistance grants. The assistance may include, but is not 

limited to, written information such as reports, manuals, guides and 

brochures; person-to-person exchanges; on-site or remote technical 

assistance visits and provision of technical expertise; and training 

and related costs. Eligible activities as appropriate for each of the 

four separate categories of technical assistance are listed below:

    (2) Permanent housing. Provide assistance to (i) identify expert 

resources and facilitate the exchange of information needed to help 

participating organizations/jurisdictions build the capacity to develop 

and/or implement permanent housing in



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projects funded under the McKinney-Vento Act in order to better serve 

homeless persons and families; (ii) develop and publish descriptive 

material, in the form of a best practices guide, and include best 

practice examples for use by organizations working to develop and 

implement a McKinney-Vento funded permanent housing project; (iii) 

develop regional workshops focused on developing and implementing 

permanent housing projects funded under the McKinney-Vento Act; (iv) 

conduct 25 on-site or remote technical assistance visits to 

organizations seeking to develop or implement a permanent housing 

project using McKinney-Vento funds; (v) develop a guidebook on how Safe 

Havens can be developed and implemented as Supportive Housing Program 

permanent housing for the handicapped homeless and Section 8 Single 

Room Occupancy (SRO) projects. Safe Havens are a form of permanent 

housing that serves hard-to-reach homeless persons with severe mental 

illness who are unwilling or unable to participate in supportive 

services.

    (3) Colonias. Colonias are primarily rural communities that are 

located within 150 miles of the U.S.-Mexican border and lack adequate 

infrastructure and basic services. For providers who serve homeless 

persons in Colonias, provide assistance to (i) identify projects 

receiving HUD McKinney-Vento Act funds that can be cited as best 

practices and or expert resources for effectively coordinating between 

Colonias and community organizations; (ii) identify and analyze 

barriers that tend to exclude or discourage Colonias from participation 

in the Continuum of Care process or other efforts to assist homeless 

persons; (iii) develop one or more workshops focused on developing and 

implementing housing projects funded under the McKinney-Vento Act and 

serving homeless persons in Colonias; (iv) develop and publish 

descriptive material in the form of a best practices guide for use by 

organizations working to develop and implement a McKinney-Vento-funded 

housing and/or services project serving homeless persons in Colonias.

    (4) Faith-based and other community organizations. Provide 

assistance to (i) identify active projects receiving HUD McKinney-Vento 

Act funds that can be cited as best practices and/or expert resources 

for effectively coordinating between Continuum of Care systems and 

faith-based and other community organizations; (ii) identify and 

analyze factors that may tend to discourage faith-based and other 

community organizations from participation in HUD's homeless programs; 

(iii) develop 3-5 regional workshops, institutes, or other forums that 

will attract faith-based and other community organizations interested 

in developing projects to serve homeless individuals and families. 

Assistance will focus on the organization's capacity, which means that 

in addition to knowledge of, and experience with, homelessness in 

general, the organization carrying out the project, its employees and/

or its partners must have the necessary knowledge, experience, and 

administrative systems in place to carry out the specific activities 

proposed (e.g., housing development, housing management, and service 

delivery) and the TA provided will be able to successfully assist or 

train organizations to compete for funding assistance under HUD's 

McKinney-Vento Act Homeless Assistance Program; (iv) conduct 10 on-site 

or remote technical assistance visits to faith-based and other 

community organizations seeking to develop or implement McKinney-Vento 

projects;

    (5) Homeless veterans. Using previously identified best practices 

and expert resources, provide assistance to (i) facilitate the exchange 

of information needed to help participating organizations/jurisdictions 

build capacity to develop veteran-specific McKinney-Vento projects, 

i.e., in which the primary target group is homeless veterans; (ii) 

develop and participate in 3-5 training workshops, institutes, forums, 

or national or regional conferences and present the pertinent 

information obtained; (iii) conduct ten on-site or remote technical 

assistance visits to organizations seeking to develop or implement a 

veteran-specific McKinney-Vento project using McKinney-Vento funds; 

(iv) analyze coordination between the Continuum of Care and the 

Department of Veterans Affairs Community Homelessness Assessment, Local 

Education and Networking Groups (CHALENG) planning systems as it 

relates to addressing housing to meet the needs of veterans who are 

chronically homeless. The analysis should lead to development of more 

efficient planning and/or delivery of housing to chronically homeless 

veterans.



IV. Program Requirements



(A) Statutory Requirements



    To be eligible for funding under this NOFA, the applicant must meet 

all statutory and regulatory requirements applicable to the McKinney-

Vento program or programs for which funding is sought. If applicants 

need copies of the program regulations, they are available through the 

HUD Web site, http://www.hud.gov.



(B) Threshold Requirements



    (1) Ineligible Applicants. HUD will not consider an application 

from an ineligible applicant.

    (2) Compliance with Fair Housing and Civil Rights Laws.

    (a) All applicants and their sub-recipients must comply with all 

Fair Housing and Civil Rights laws, statutes, regulations, and 

Executive Orders as enumerated at 24 CFR 5.105(a).

    (b) Applicants may not apply for assistance under this NOFA, if the 

applicants:

    (i) Have been charged with a systemic violation of the Fair Housing 

Act alleging ongoing discrimination;

    (ii) Are a defendant in a Fair Housing Act lawsuit filed by the 

Department of Justice alleging an on-going pattern or practice of 

discrimination; or

    (iii) Have received a letter of non-compliance findings under Title 

VI, Section 504, or Section 109, and if the charge, lawsuit, or letter 

of findings has not been resolved to HUD's satisfaction before the 

application deadline stated in the NOFA. HUD's decision regarding 

whether a charge, lawsuit, or a letter of findings has been 

satisfactorily resolved will be based upon whether appropriate actions 

have been taken to address allegations of on-going discrimination in 

the policies or practices involved in the charge, lawsuit, or letter of 

findings.

    (3) Conducting Business in Accordance with HUD's Core Values and 

Ethical Standards. Entities 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 

financials assistance) are required to develop and maintain a written 

code of conduct (see Sections 84.42 and 85.36(b)(3)). Consistent with 

regulations governing specific programs, an applicant's code of conduct 

must: prohibit real and apparent conflicts of interest that may arise 

among officers, employees, or agents; prohibit the solicitation and 

acceptance of gifts or gratuities by its 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. If awarded assistance under this NOFA, 

applicants will be required, prior to entering into a grant agreement 

with HUD, to submit a copy of their code of conduct and describe the 

methods they will use to ensure that all officers, employees, and 

agents of their organizations are aware of their code of conduct;



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(C) Additional Program Requirements



    (1) Profit/Fee. No increment above cost, and no fee for profit, may 

be paid to any recipient of an award under this NOFA:

    (2) Demand/Response Delivery System.

    (a) Awardees must operate within the structure of the Demand/

Response System described in this section.

    (b) Under the Demand/Response System, awardees will be required to: 

(i) When requested by a Government Technical Representative (GTR), 

market the availability of their services to existing and potential 

recipients to include local jurisdictions in which the assistance will 

be delivered; (ii) when requested by a GTR, conduct a Needs Assessment 

to identify the type and nature of the assistance needed by the 

assistance recipients. These needs assessments should identify the 

nature of the problem to be addressed by the technical assistance 

services, and then delineate the plan of action to address the need, 

including the type of technical assistance services to be provided, the 

duration of the services, the staff assigned to provide the assistance, 

anticipated products and/or outcomes, the estimated cost for the 

provision of services, and the relationship of the proposed services to 

the planned or expected Consolidated Plan submission to HUD and to 

other technical assistance providers within the locality; (iii) obtain 

approval for the Technical Assistance Delivery Plan (TADP) from HUD 

(See Section a below); (iv) work cooperatively with other PHASES-TA 

providers in their geographic areas to ensure that clients are provided 

with the full range of PHASES-TA services needed and available. PHASES-

TA providers are expected to be knowledgeable about the range of 

services available from other providers, make referrals and arrange 

visits by other PHASES-TA providers when appropriate, and carry out 

PHASES-TA activities concurrently when it is cost-effective and in the 

interests of the client to do so. HUD may direct PHASES-TA providers to 

conduct joint activities.

    (3) Technical Assistance Delivery Plan (TADP).

    (a) After selection for funding, but prior to award, an applicant 

must develop a TADP in consultation with and approved by an Office of 

Community Planning and Development GTR.

    (b) The TADP must clearly delineate all the tasks and sub-tasks for 

each program the applicant will undertake. The plan must identify the 

improved program performance or other results expected from the 

activity and the methodology for measuring the success of the PHASES-

TA. The TADP must show the location of the community/state in which the 

PHASES-TA activities will occur, the level of PHASES-TA funding and 

proposed activities by location, a time schedule for delivery of the 

activities, budget-by-task, budget summary, and staffing plan.

    (4) Forms, Certifications, and Assurances. The applicant must 

submit signed copies of the standard forms, certifications, and 

assurances listed in this section. As part of HUD's continuing efforts 

to improve the NOFA process, several of the required standard forms 

have been simplified. The standard forms, certifications, and 

assurances are:

    [sbull] Application for Federal Assistance (HUD-424);

    [sbull] Applicant Assurance and Certifications (HUD-424-B);

    [sbull] Budget Summary for Competitive Grant Programs (HUD-424-C);

    [sbull] Grant Application Detailed Budget Worksheet (HUD-424-CBW);

    [sbull] Applicant/Recipient Disclosure/Update Report (HUD-2880);

    [sbull] Certification of Consistency with RC/EZ/EC Strategic Plan 

(HUD-2990), if applicable;

    [sbull] Certification of Consistency with the Consolidated Plan 

(HUD-2991), if applicable;

    [sbull] Acknowledgment of Application Receipt (HUD-2993);

    [sbull] Client Comments and Suggestions (HUD-2994); and

    [sbull] If engaged in lobbying, the Disclosure Form Regarding 

Lobbying (SF-LLL).

    Copies of these standard forms are available from the HUD Web site 

at http://www.hud.gov.

    (5) Financial Management and Audit Information. After selection for 

funding, but prior to award, an applicant must submit a certificate 

from an Independent Public Accountant or the cognizant government 

auditor, stating that its financial management system meets prescribed 

standards for control and accountability required by 24 CFR part 84 for 

Institutions of Higher Education and other Non-Profit Institutions, 24 

CFR part 85 for States and local governments, or the Federal 

Acquisition Regulations (for all other applicants). The information 

should include the name and telephone number of the independent 

auditor, cognizant federal auditor, or other audit agency, as 

applicable.

    (6) Training Sessions. When conducting training sessions as part of 

PHASES-TA activities, providers are required to; (a) design the course 

materials as ``step-in'' packages (also called ``train-the-trainer'' 

packages) so that HUD or its designee may separately give the course on 

its own; (b) arrange for joint delivery (grantee and HUD staff or 

designees, for example) of the training when so requested by the GTR; 

and (c) when requested by the GTR, provide for professional videotaping 

of the workshops/courses and ensure their production in a professional 

and high-quality manner, suitable for viewing by other PHASES-TA 

clients (if this requirement is implemented, additional funds may be 

requested); (d) when required by HUD, deliver HUD-approved training 

courses that have been designed and developed by other HUD contractors 

or HUD cooperating parties on a ``step-in'' basis for PHASES-TA 

clients, and send trainers to HUD-approved Train-the-Trainer sessions.

    (7) Reports to GTRs. PHASES-TA awardees will be required to report 

to Headquarters GTRs. At a minimum, this reporting will be on a 

quarterly basis unless otherwise specified in the approved TADP.



(D) Additional Non-Discrimination Requirements



    Applicants, and their sub-recipients, must comply with the 

Americans with Disabilities Act of 1990 (42 U.S.C. 1201 et seq), 

Section 504 of the Rehabilitation Act of 1973, and Title IX of the 

Education Amendments Act of 1972 (20 U.S.C. 1681 et seq).



(E) Accessible Technology



    The Rehabilitation Act Amendments of 1998 apply to all electronic 

technology (EIT) used by a grantee for transmitting, receiving, using 

or storing information to carry out the responsibilities of any federal 

grant awarded. The Act's coverage includes, but is not limited to, 

computers (hardware, software, word-processing, e-mail, and web pages), 

facsimile machines, copiers and telephones. When developing, procuring, 

maintaining, or using EIT, funding recipients must ensure that the EIT 

allows employees with disabilities and members of the public with 

disabilities to have access to and use of information and data that is 

comparable to the access and use of information and data by employees 

and members of the public who do not have disabilities. If these 

standards impose a hardship on a funding recipient, they may provide an 

alternative means to allow the individual to use the information and 

data. However, no grantee will be required to provide information 

services



[[Page 20318]]



to a person with disabilities at any location other than the location 

at which the information services are generally provided.



V. Application Selection Process



(A) Rating and Ranking



    HUD will evaluate applications competitively and rank them against 

all other applicants that have applied for the PHASES-TA program.

    (1) Once scores are assigned, all applications will be listed in 

rank order.

    (2) Applications will be funded in rank order; however, HUD 

reserves the right to make selections out of rank order to provide for 

geographic distribution of its funds.

    (3) HUD reserves the right to adjust funding levels for each 

applicant as follows:

    (a) Adjust funding levels for any provider based upon the size and 

needs of the provider's operating service area, the funds available for 

that area, the number of other awardees selected in that area, funds 

available on a national basis for providers that will be operating 

nationally, or the scope of the technical assistance to be provided;

    (b) To negotiate increased grant awards with applicants approved 

for funding if HUD requests them to offer coverage to geographic areas 

for which they did not apply or budget, or if HUD receives an 

insufficient amount of applications;

    (c) If funds remain after all selections have been made, remaining 

funds may be made available for other HUD-administered McKinney-Vento 

Act program competitions.



(B) Factors for Award Used To Evaluate and Rate Applications



    The factors and maximum points for each factor are provided below. 

The maximum number of points to be awarded for a PHASES-TA application 

is 100. The minimum score for an applicant to be considered in the 

funding range is 75, with a minimum of 15 points for Factor 1. Rating 

of the ``applicant'' or the ``applicant's organization and staff,'' 

unless otherwise specified, will include any sub-contractors, 

consultants, sub-recipients, and members of consortia which are firmly 

committed to the project. When addressing the Factors for Award, 

applicants should discuss the specific TA projects, activities, tasks, 

etc., suggested to be carried out during the term of the cooperative 

agreement. See Sections IV(C)(2) and (3) of this NOFA for a discussion 

of the Demand/Response Delivery System and the TADP and the extent to 

which such activities may be revised at or after time of award. In 

responding to the factors, applicants should be specific about the type 

of experience, knowledge, skills and abilities that organization, 

staff, and any subcontractors have with the PHASES-TA program and 

should provide relevant examples to support the application. Applicants 

should also be specific when detailing the communities, populations 

and/or organizations which they propose to serve, especially in 

response to Factor 3, Subfactor 2.

Rating Factor 1: Capacity of the Applicant and Relevant Organizational 

Staff (25 Points) (Minimum for Funding Eligibility: 15 Points)

    In rating this factor, HUD will consider the extent to which the 

application demonstrates, in relation to the PHASES-TA program funding 

that is requested:

    (1) (10 points) Recent relevant and successful experience of an 

applicant's organization and staff in providing technical assistance in 

all eligible activities and to all eligible entities for the PHASES-TA 

program, as described in the NOFA; (In rating this factor, HUD will 

evaluate experience, preferably within the last 4 years, which 

describes and documents specific examples of actual past work.)

    (2) (8 points) The relevant experience, including past experience 

in providing similar services to HUD and HUD clients, competence, 

knowledge, skills, and abilities of key personnel in managing complex, 

multi-faceted or multi-disciplinary programs that require coordination 

with other PHASES-TA entities or multiple, diverse units in an 

organization; (In rating this factor, HUD will evaluate the resumes of 

key staff, consultants, and subcontractors for their recent (within 4 

years) and relevant experience in performing activities that are 

substantially the same as the activities covered by this NOFA, as well 

as clearly described and documented examples of the work.)

    (3) (7 points) Sufficient personnel or access to qualified experts 

or professionals with the knowledge, skills, and abilities to deliver 

the proposed level of technical assistance in each proposed service 

area in a timely and effective manner; (In rating this factor, HUD will 

evaluate the resumes of key staff, consultants, and subcontractors to 

determine their availability to perform the work, factoring in time and 

geography.)

Rating Factor 2: Need/Extent of the Problem (20 Points)

    In rating this factor, HUD will consider the extent to which the 

application:

    (1) (10 points) Identifies high priority needs and issues for the 

PHASES-TA program; (In rating this factor, HUD will be looking for very 

specific needs and issues and a detailed demonstration of the 

applicant's knowledge of the homeless programs.)

    (2) (10 points) Outlines a clear and cost-effective plan of 

suggested TA activities for addressing those needs and aiding a broad 

range of eligible grantees or potential grantees and/or beneficiaries; 

(In rating this factor, HUD will evaluate the proposed costs of the 

program described in the application including labor, travel, and other 

costs as it relates to costs for similar activities in other TA 

programs which HUD has undertaken.)

Rating Factor 3: Soundness of Approach (30 Points)

    In rating this factor, HUD will consider the extent to which the 

application:

    (1) (7 points) Provides evidence of a sound approach in addressing 

identified needs; (In rating this factor, HUD will evaluate the 

specific techniques and methods proposed to alleviate the needs 

identified in the application.)

    (2) (8 points) Provides a cost-effective plan for designing, 

organizing, managing, and carrying out the suggested technical 

assistance activities within the framework of the Demand/Response 

System; (In rating this factor, HUD will evaluate how clearly the 

applicant spells out how it will operate under the requirements of the 

Demand/Response System, including: (a) How it will operate under the 

direction of, and respond to requests for assistance from HUD; (b) how 

it will handle competing demands for assistance; and (c) how it will 

coordinate activities. The work plan should have built-in flexibility 

to allow for unanticipated demands for assistance.)

    (3) (10 points) Demonstrates an effective outreach and assistance 

program to the identified clients for the categories of assistance 

being proposed; (In rating this factor, HUD will evaluate whether the 

applicant specifically names and accurately identifies communities 

(meaning neighborhoods as well as localities) and/or organizations that 

are significantly disadvantaged and underserved by McKinney-Vento 

programs. HUD will also evaluate if the applicant persuasively 

demonstrates that the



[[Page 20319]]



identified community/organization has a high potential to participate 

in McKinney-Vento programs if it receives the level of TA proposed.)

    (4) (5 points) Proposes a feasible, creative plan to transfer 

models and lessons learned in its PHASES-TA program activities to other 

community programs; (In rating this factor, HUD will evaluate whether 

the applicant has proposed a clear and feasible plan for obtaining and 

disseminating information on lessons learned in each of its TA 

activities to other TA clients, using state of the art or new promising 

technology as appropriate.)

Rating Factor 4: Quality/Responsiveness and Sustainability (15 Points)

    HUD will review applications to determine if they meet the 

following quality standards:

    (1) (10 points) The proposed TA must be appropriate and responsive 

to the needs of the project sponsors, McKinney-Vento grantees, and 

potential applicants to be served, as well as the localities involved. 

The PHASES-TA applicant should emphasize how they will advise and train 

project applicants and project sponsors in undertaking program 

planning, community consultations, housing development and operations, 

coordination with related health-care and other supportive services, 

and evaluation and reporting on program performance. All of these 

elements are especially important when addressing the needs of 

providers desiring to provide permanent housing for severely mentally 

ill persons, homeless veterans, homeless persons in Colonias, and 

chronically homeless and hard-to reach individuals and families; (In 

rating this factor, HUD will evaluate the specificity in which each 

element of this factor is addressed that demonstrates both an 

understanding of the issues and solid experience and methods in 

fulfilling each of the elements.) HUD may find the technical assistance 

to be inappropriate if:

    (a) The technical assistance to be provided does not show how 

participants will be helped to expand their capacity to develop 

permanent housing, if proposing activities in this category of 

technical assistance; or, for those proposing to serve the other three 

categories, if the proposal does not show how participants will be 

helped to expand their capacity to develop McKinney-Vento projects 

serving the special subpopulations they propose to serve.

    (b) Development of housing and housing accessibility for persons 

with disabilities will not be provided as required by applicable laws 

including Section 504 of the Rehabilitation Act of 1973, the Americans 

with Disabilities Act of 1990 and the Fair Housing Act and their 

implementing regulations.

    (c) The technical assistance provided or activities proposed will 

not result in service delivery in the most integrated setting 

appropriate for qualified persons with disabilities, consistent with 

the objectives of the President's New Freedom Initiative and Olmstead 

v. L.C.

    (d) The technical assistance to be provided does not address 

community-wide planning to avoid duplication of service activity or 

service provision.

    (e) The technical assistance to be provided does not demonstrate 

responsive, efficient and cost-effective planning in its proposed 

activities.

    (2) (5 Points). The proposed TA must promote sustainability. 

Sustainability refers to the potential for TA recipient organizations 

to become self-sustaining financially, and the potential of a specific 

project or activity to be sustained into the future absent any 

McKinney-Vento funding; (In rating this factor, HUD will evaluate the 

specificity in which sustainability is addressed and any experience the 

applicant can document in achieving this goal.)

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

    This factor emphasizes HUD's commitment to ensure that grantees 

keep promises made in their applications and to assess their 

performance to ensure performance goals are met. Program evaluation 

requires that the applicant identify program outcomes, interim products 

or benchmarks, and performance indicators that will allow measure of 

performance. Performance indicators should be quantifiable and measure 

actual against planned achievements. Applicants are also asked to 

describe their successful past performance, including timely and cost-

effective delivery of services, in other relevant community development 

and/or technical assistance programs.

    In rating this factor, HUD will consider the extent to which the 

application:

    (1) (5 points) Proposes an effective, outcome-oriented evaluation 

plan for measuring performance. The evaluation plan should identify 

outcomes to be measured, how they will be measured, and the steps in 

place to make adjustments to work plans if performance targets are not 

met within established timeframes. The evaluation plan should also 

identify shortcomings and recommend areas for improvement when 

providing technical assistance services. The applicant is also asked to 

describe previous experience developing such plans; (In rating this 

factor, HUD will evaluate the specificity in which the evaluation plan 

is developed and the applicant's previous experience in developing such 

plans.)

    (2) (5 points) Demonstrates successful past performance in 

administering HUD McKinney-Vento TA grants. Applicants new to HUD's 

Community Development Technical Assistance (CD-TA) Programs should 

certify to that fact. In order to reach new technical assistance 

providers in the McKinney-Vento Act homeless assistance program area, 

up to 25% of the funds will be reserved for applicants who have not 

previously been funded under a community and planning development 

technical assistance competition. If qualified new applicants are not 

found in each field office and/or at the national level, the remaining 

funds will be made available for previously funded providers. (Note: 

There will be no point deduction on this subfactor for new applicants 

who comply with the above requirement.) Applicants new to the HUD 

Supportive Housing-TA or Homeless-TA Programs should certify to that 

fact, but should demonstrate successful past performance in providing 

technical assistance in other community development programs. (In 

rating this factor, HUD will use currently available information in HUD 

files, including financial and drawdown information, for all current 

Community Development TA providers.)



VI. Application Submission Requirements



    The application must, at a minimum, contain the following items:

    (A) Transmittal Letter which identifies the NOFA, the dollar amount 

requested, and the applicant or applicants submitting the application.

    (B) Narrative statement addressing the Factors for Award described 

in section V of this NOFA. An applicant should number the narrative 

response in accordance with each factor for award. This narrative 

statement will be the basis for evaluating the application. It should 

include a plan of suggested TA activities as described in factors 2, 3, 

and elsewhere. These suggested TA activities may form a starting point 

for negotiating the TADP described in section IV(C)(2) of this NOFA.

    (C) Budget Summary identifying costs for implementing the plan of 

suggested TA activities by cost category, in accordance with the 

following:

    (1) Direct Labor by position or individual, indicating the 

estimated hours per position, the rate per hour,



[[Page 20320]]



estimated cost per staff position, and the total estimated direct labor 

costs;

    (2) Fringe Benefits by staff position identifying the rate, the 

salary base the rate was computed on, estimated cost per position, and 

the total estimated fringe benefit cost;

    (3) Material Costs indicating the item, quantity, unit cost per 

item, estimated cost per item, and the total estimated material costs;

    (4) Transportation Costs, as applicable;

    (5) Equipment charges, if any. Equipment charges should identify 

the type of equipment, quantity, unit costs, and total estimated 

equipment costs;

    (6) Consultant Costs, if applicable. Indicate the type, estimated 

number of consultant days, rate per day, total estimated consultant 

costs per consultant, and total estimated costs for all consultants.

    (7) Subcontract Costs, if applicable. Indicate each individual 

subcontract and amount;

    (8) Other Direct Costs listed by item, quantity, unit cost, total 

for each item listed, and total other costs for the award;

    (9) Indirect Costs should identify the type, approved indirect cost 

rate, base to which the rate applies and total indirect costs.

    These line items should total the amount requested for the PHASES-

TA program.



VII. Corrections, Debriefing



(A) Corrections to Deficient Applications



    After the application due date, HUD may not, consistent with its 

regulations in 24 CFR part 4, subpart B, consider any unsolicited 

information applicants may want to provide. HUD may contact applicants 

to clarify an item in an application or to correct technical 

deficiencies. HUD may not seek clarification of items or responses that 

improve the substantive quality of responses to any rating factors. In 

order to not unreasonably exclude applications from being rated and 

ranked, HUD may contact applicants to ensure proper completion of the 

application and will do so on a uniform basis for all applicants. 

Examples of correctable technical deficiencies include failure to 

submit the proper certifications or failure to submit an application 

that contains an original signature by an authorized official. In each 

case, HUD will notify applicants in writing by describing the 

clarification or technical deficiency. HUD will notify applicants by 

facsimile (FAX) or by USPS, return receipt requested. Clarifications or 

corrections of technical deficiencies in accordance with the 

information provided by HUD must be submitted within 14 calendar days 

of the date of receipt of the HUD notification. (If the due date falls 

on a Saturday, Sunday, or federal holiday, an applicant's correction 

must be received by HUD on the next day that is not a Saturday, Sunday, 

or federal holiday.) If the deficiency is not corrected within this 

time period, HUD will reject the application as incomplete and it will 

not be considered for funding.



(B) Applicant Debriefing



    Beginning not less than 30 days after the Department publicly 

announces the awards for assistance, and for at least 120 days after 

such announcement, HUD will provide any requesting applicant with a 

debriefing on their application. All requests for debriefing must be 

made in writing or email by the authorized official whose signature 

appears on the HUD-424 or his or her successor in office. Applicants 

should submit their requests to Jean Whaley, who may be reached at 

(202) 708-3176, extension 2774 (this is not a toll-free number). 

Information provided to applicants during the debriefing will include, 

at a minimum, the final score received for each rating factor, final 

evaluator comments for each rating factor, and the final assessment 

indicating the basis upon which assistance was provided or denied.



VIII. Findings and Certifications



(A) Federalism Impact



    Executive Order 13132 (captioned ``Federalism'') prohibits, to the 

extent practicable and permitted by law, an agency from promulgating a 

regulation that has federalism implications and either imposes 

substantial direct compliance costs on state and local governments and 

is not required by statute, or preempts state law, unless the relevant 

requirements of section 6 of the Executive Order are met. This NOFA 

does not have federalism implications and does not impose substantial 

direct compliance costs on state and local governments nor preempt 

state law within the meaning of the Executive Order.



(B) Accountability in the Provision of HUD Assistance



    Section 102 of the Department of Housing and Urban Development 

Reform Act of 1989 (HUD Reform Act) and the regulations in 24 CFR part 

4, subpart A contain a number of provisions that are designed to ensure 

greater accountability and integrity in the provision of certain types 

of assistance administered by HUD. On January 14, 1992 (57 FR 1942), 

HUD published a notice that also provides information on the 

implementation of section 102. HUD will comply with the documentation, 

public access, and disclosure requirements of section 102 with regard 

to the assistance awarded under this NOFA, as follows:

    (1) Documentation and public access requirements. HUD will ensure 

that documentation and other information regarding each application 

submitted pursuant to this NOFA are sufficient to indicate the basis 

upon which assistance was provided or denied. This material, including 

any letters of support, will be made available for public inspection 

for a 5-year period beginning not less than 30 days after the award of 

the assistance. Material will be made available in accordance with the 

Freedom of Information Act (5 U.S.C. 552) and HUD's implementing 

regulations at 24 CFR part 15.

    (2) Disclosures. HUD will make available for public inspection for 

5 years all applicant disclosure reports (HUD Form 2880) submitted in 

connection with this NOFA. Update reports (also reported on HUD Form 

2880) will be made available along with the applicant disclosure 

reports, but in no case for a period of less than three years. All 

reports, both applicant disclosures and updates, will be made available 

in accordance with the Freedom of Information Act (5 U.S.C. 552) and 

HUD's implementing regulations at 24 CFR part 15.

    (3) Publication of Recipients of HUD Funding. HUD's regulations at 

24 CFR part 4 provide that HUD will publish a Notice in the Federal 

Register to notify the public of all decisions made by the Department 

to provide:

    (i) Assistance subject to section 102(a) of the HUD Reform Act; 

and/or

    (ii) Assistance provided through grants or cooperative agreements 

on a discretionary (non-formula, non-demand) basis, but that is not 

provided on the basis of a competition.



(C) Section 103 HUD Reform Act



    HUD will comply with section 103 of the Department of Housing and 

Urban Development Reform Act of 1989 and HUD's implementing regulations 

in subpart B of 24 CFR part 4 with regard to the funding competition 

announced today. These requirements continue to apply until the 

announcement of the selection of successful applicants. HUD employees 

involved in the review of applications and in the making of funding 

decisions are limited by section 103 from providing advance information



[[Page 20321]]



to any person (other than an authorized employee of HUD) concerning 

funding decisions, or from otherwise giving any applicant an unfair 

competitive advantage. Persons who apply for assistance in this 

competition should confine their inquiries to the subject areas 

permitted under section 103 and subpart B of 24 CFR part 4.

    Applicants or employees who have ethics related questions should 

contact the HUD Ethics Law Division at (202) 708-3815 (this is not a 

toll-free number). For HUD employees who have specific program 

questions, such as whether particular subject matter can be discussed 

with persons outside HUD, the employee should contact the appropriate 

Field Office Counsel.



(D) Paperwork Reduction Act Statement



    The information collection requirements in this NOFA have been 

approved by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 

3501-3520). The OMB number is 2506-0166, valid through November 30, 

2004. Under the Paperwork Reduction Act, an agency may not conduct or 

sponsor, and a person is not required to respond to, a collection of 

information unless the collection displays a valid control number.



(E) Environmental Requirements



    This NOFA does not direct, provide for assistance or loan and 

mortgage insurance for, or otherwise govern or regulate, real property 

acquisition, disposition, leasing, rehabilitation, alteration, 

demolition, or new construction, or establish, revise or provide for 

standards for construction or construction materials, manufactured 

housing, or occupancy. Accordingly, under 24 CFR 50.19 (c)(1), this 

NOFA is categorically excluded from the requirements of the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321).

    In accordance with 24 CFR 50.19(b)(9) and 58.34(a)(9), the 

assistance provided by this NOFA relates only to the provision of 

technical assistance and is categorically excluded from the 

requirements of the National Environmental Policy Act and not subject 

to environmental review under the related laws and authorities.



(F) Catalog of Federal Domestic Assistance Numbers



    The Federal Domestic Assistance number for this program is 14.506.



IX. Authority



    McKinney-Vento Act Homeless Assistance Programs Technical 

Assistance. The Supportive Housing Program is authorized under 42 

U.S.C. 11381 et seq.; 24 CFR 583.140. The Emergency Shelter Grant, 

Section 8 Moderate Rehabilitation Single Room Occupancy Program and the 

Shelter Plus Care Technical Assistance Programs are authorized by the 

FY 2002 HUD Appropriations Act.



    Dated: April 15, 2003.

Roy A. Bernardi,

Assistant Secretary for Community Planning and Development.

[FR Doc. 03-10094 Filed 4-23-03; 8:45 am]



BILLING CODE 4210-29-P