RD Instruction 1944-I
Table of Contents
Page 1
Part 1944 - HOUSING
Subpart I - Self-Help Technical Assistance Grants
Table of Contents
Sec. Page
1944.40l Objective. 1
1944.402 Grant purposes. 1
1944.403 Definitions. 2
(a) Agreement. 2
(b) Agreement period (or grant period). 2
(c) Date of completion. 2
(d) Direct costs. 2
(e) Disallowed costs. 2
(f) Equivalent units. 2
(g) Equivalent value of a modest house. 2
(h) Indirect costs. 2A
(i) Mutual self-help. 3
(j) Organization. 3
(k) Participating family. 3
(l) Self-help. 3
(m) Sponsor. 3
(n) Technical assistance. 4
(o) Termination of a grant. 4
1944.404 Eligibility. 4
1944.405 Authorized use of grant funds. 5
1944.406 Prohibited use of grant funds. 7
1944.407 Limitations. 7
1944.408 [Reserved] 8
1944.409 Executive Order 12372. 8
1944.410 Processing preapplications, applications, and
completing grant dockets. 8
(a) Form SF-424, Application for Federal Assistance. 8
(b) Preapplication review. 10
(c) Form AD-622, Notice of Preapplication Review
Action. 11
(d) Self-help technical assistance grant predevelopment
agreement. 12
(e) Form SF-424, Application for Federal Assistance. 12
1944.411 Conditions for approving a grant. 13
1944.412 Docket preparation. 14A
(12-12-19) PN 532
RD Instruction 1944-I
Table of Contents (Con.)
Page 2
Sec. Page
1944.413 Grant approval. 15
(a) Approval of grant. 15
(b) Cancellation of an approved grant. 15
(c) Disapproval of grant. 16
1944.414 [Reserved] 16
1944.415 Grant approval and other approving authorities. 16
1944.416 Grant closing. 17
1944.417 Servicing actions after grant closing. 17
1944.418 [Reserved] 19
1944.419 Final grantee evaluation. 20
1944.420 Extension or revision of the grant agreement. 21
1944.421 Refunding of an existing grantee. 21
1944.422 Audit and other report requirements. 22
(a) Nonprofit organizations and others. 22
(b) State and local governments and Indian tribes. 22A
1944.423 Loan packaging and 502 RH application submittal. 23
1944.424 Dwelling construction and standards. 24
1944.425 Handling and accounting for borrower loan funds. 24B
1944.426 Grant closeout. 24B
(a) Grant purposes completed. 24B
(b) Grant purposes not completed. 25
(c) Grant suspension. 25
(d) Grant termination. 26
1944.427 Grantee self-evaluation. 26
1944.428 - 1944.449 [Reserved] 27
1944.450 OMB Control Number. 27
Exhibit A Self-Help Technical Assistance Grant Agreement.
Exhibit B Evaluation Report of Self-Help Technical Assistance (TA)
Grants.
Exhibit B-1 Instructions for Preparation of Evaluation Report of
Self-Help Technical Assistance Grants.
Exhibit B-2 Breakdown of Construction Development for Determining
Percentage Construction Completed.
Exhibit B-3 Pre-Construction and Construction Phase Breakdown.
Exhibit C Amendment to Self-Help Technical Assistance Grant Agreement
Exhibit D Self-Help Technical Assistance Grant Predevelopment
Agreement.
RD Instruction 1944-I
Table of Contents (Con.)
Page 3
Exhibit E Guidance for Recipients of Self-Help Technical Assistance
Grants.
Exhibit F Site Option Loan to Technical Assistance Grantees.
Exhibit G Application Processing Checklist - New Construction.
Exhibit H Sample Technical Assistance Calculations.
Exhibit I Application Processing Checklist - Rehabilitation.
Exhibit J Template Letter of Conditions- Application Review.
Exhibit K Evaluation Report of Rehabilitation Technical Assistance
(TA)Grants.
Exhibit K-1 Instruction for Preparation of Evaluation Reports of
Rehabilitation Technical Assistance Grants.
Exhibit K-2 Equivalent Unit Tracking and Family Cost Savings for
Rehabilitation Grants.
Exhibit L Draw Request Cover Sheet-Optional.
Exhibit M High Risk Designation Template.
Exhibit N High Risk Removal Template.
Exhibit O Final Evaluation of Self-Help Technical Assistance Grants-
Template.
Exhibit P Indirect Costing Rate Negotiations.
oOo
(12-12-19) PN 532
RD Instruction 1944-I
PART 1944 - HOUSING
Subpart I - Self-Help Technical Assistance Grants
§ 1944.401 Objective.
This subpart sets forth the policies and procedures and delegates
authority for providing Technical Assistance (TA) funds to eligible
applicants to finance programs of technical and supervisory assistance for
self-help housing, as authorized under Section 523 of the Housing Act of
1949. Any processing or servicing activity conducted pursuant to this
subpart involving authorized assistance to Rural Development employees,
members of their families, known close relatives, or business or close
personal associates, is subject to the provisions of 7 CFR Part 11 and
Subpart D of Part 1900 of this chapter. Applicants for this assistance are
required to identify any known relationship or association with a Rural
Development employee. This financial assistance may pay part or all of the
cost of developing, administering, or coordinating programs of technical and
supervisory assistance to aid needy very low- and low-income families in
carrying out self-help housing efforts in rural areas. Very low-income
families must receive a priority for recruitment and participation and may
not comprise less than the percentage stated in Subpart L of Part 1940 of
this chapter of those assisted in any grant. The primary purpose is to fund
organizations that are willing to locate and work with families that
otherwise do not qualify as homeowners. Generally, these are families below
50 percent of median incomes, living in substandard housing, and/or lacking
the skills to be good homeowners. Grantees will comply with the
nondiscrimination regulation Subpart E of Part 1901 of this chapter which
states that no person in the United States shall, on the grounds of race,
color, national origin, sex, religion, marital status, mental or physical
handicap, or age, be excluded from participating in, be denied the benefits
of, or be subject to discrimination in connection with the use of grant funds
and all provisions of the Fair Housing Act of 1988. (Revised 02-04-93,
SPECIAL PN.)
§ 1944.402 Grant purposes.
Rural Development may contract or make a grant to an organization to:
(a) Give technical and supervisory assistance to eligible very low- and
low-income families as defined in Appendix 9 of HB-1-3550 (available in
any Rural Development Office), in carrying out self-help housing
efforts. (Revised 01-23-03, SPECIAL PN.)
(b) Assist other organizations to provide technical and supervisory
assistance to eligible families.
__________________________________________________________________________
Distribution: WSAL Loan and Grant Making
Housing
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(Revision 3)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§ 1944.402 (Con.)
(c) Develop a final application, recruit families and related
activities necessary to participate under paragraph (a) of this section.
§ 1944.403 Definitions.
(a) Agreement. The Self-Help Technical Assistance Agreement, which is
a document signed by Rural Development and the grantee, sets forth the
terms and conditions under which TA funds will be made available.
(Exhibit A of this subpart).
(b) Agreement period (or grant period). The period of time for which
an agreement is in force. Generally, the period will not exceed 24
months.
(c) Date of completion. The date when all work under a grant is
completed or the date in the TA grant agreement, or any supplement or
amendment to it, when Federal assistance ends.
(d) Direct costs. Those costs that are specifically identified with a
particular project or activity. Grantees receiving funds from a single
grant source would consider all costs as direct costs.
(e) Disallowed costs. Those charges to a grant which Rural Development
determines cannot be authorized.
(f) Equivalent units. Equivalent units represent the theoretical
number of unitsarrived at by adding the equivalent percentage of
completion figure for each family in the self-help program (pre-
construction and actual construction) together at any given date during
program operations. The sum of the percentage of completion figures for
all participant families represent the total number of theoretical
unitscompleted at any point in time. Equivalent units are useful in
measuring progress during the period of the grant and are not a
measurement of actual accomplishments. The number of equivalent units
for any group/project can never exceed the number of planned or
completed houses/homes for that group/project. (Revised 12-12-19,
PN 532.)
(g) Equivalent value of a modest house (aka Cost of Contractor-Built
home). The equivalent value of a modest house is the typical cost of a
recent contractor-built Rural Development financed home in the area plus
the actual or projected costs of an acceptable site and site
development. If Rural Development has not financed a contractor-built
house during the last twelve months, the value will be established by
use of the Marshall and Swift cost handbook or a similar type of
handbook. Equivalent value of a modest house is established by Rural
Development. This value is not necessarily equal to the modest housing
definition in 7 CFR §§ 3550.10 and 3550.63(a)(3). This value may be
determined periodically and published as a State Supplement. (Revised
12-12-19, PN 532.)
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RD Instruction 1944-I
§ 1944.403 (Con.)
(h) Indirect costs. Those costs that are incurred for common or joint
objectives and therefore, cannot be readily and specifically identified
with a particular project or activity, e.g. self-help. See Exhibit P for
Rural Development’s indirect cost rate negotiation guidance. (Added
12-12-19, PN 532.)
2A
(Added 12-12-19, PN 532)
(11-15-90) SPECIAL PN
§1944.403 (Con.) RD Instruction 1944-I
(i) Mutual self-help. The construction method by which participating
families organized in groups generally of 4 to 10 families utilize their
own labor to reduce the total construction cost of their homes.
Participating families complete construction work on their homes by an
exchange of labor with one another. The mutual self-help method must be
used for new construction.
(j) Organization.
(1) A State, political subdivision, or public nonprofit corporation
(including Indian tribes or Tribal corporations); or
(2) A private nonprofit corporation that is owned and controlled by
private persons or interests and is organized and operated for
purposes other than making gains or profits for the corporation and
is legally precluded from distributing any gains or profits to its
members.
(k) Participating family. Individuals and/or their families who agree
to build homes by the mutual self-help method and rehabilitate homes by
the self-help method. Participants are families with very low- or low-
incomes who have the ability to furnish their share of the required
labor input regardless of the handicap, age, race, color, national
origin, religion, family status, or sex of the head of household. The
participating family must be approved for a Section 502 RH loan or
similar loans from other Federal, state, and private lenders that uses
income guidelines substantially similar to the Department of Housing and
Urban Development before the start of construction, have sufficient time
available to assist in building their own homes, and show a desire to
work with other families. Each family in the group must contribute
labor on each others homes to accomplish the 65 percent of the total
100 percent of tasks listed in Exhibit B-2 of this subpart. A
participating family may use a substitute to perform the labor with
prior approval of the Grantee and the Rural Development State Director.
A substitute is only permitted when the participating family is
incapacitated. For rehabilitation type grants, participating families
must complete a minimum of 10 labor hours for every $1,000 in project
costs that are not completed by a sub-contractor. (Revised 12-12-19,
PN 532.)
(l) Self-help. The construction method by which an individual family
utilizes their labor to reduce the construction cost of their home
without an exchange of labor between participating families. Unless
otherwise authorized by the District Director, this method is only
funded for repair and rehabilitation type construction (owner occupied
or acquisition rehabilitation). (Revised 12-12-19, PN 532.)
(m) Sponsor. An existing entity that is willing and able to assist an
applicant, with or without charge, in applying for a grant and in
carrying out responsibilities under the agreement. Examples of sponsors
are local rural electric cooperatives, institutions of higher education,
community action agencies and other self-help grantees. Also, when
available, regional technical and management assistance contractors may
qualify to serve as a sponsor at no charge.
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(11-15-90) SPECIAL PN
§1944.403 (n)(Con.) RD Instruction 1944-I
(n) Technical assistance. The organizing and supervising of groups of
families in the construction of their own homes including:
(1) Recruiting families who are interested in sharing labor in the
construction of each other's homes and assisting such families in
obtaining housing loans.
(2) Conducting meetings of the families to explain the self-help
program and subjects related to home ownership, such as loan
payments, taxes, insurance, maintenance, and upkeep of the property.
(3) Helping families in planning and developing activities that
lead to the acquisition and development of suitable building sites.
(4) Assisting families in selecting or developing house plans for
homes which will meet their needs and which they can afford.
(5) Assisting families in obtaining cost estimates for construction
materials and any contracting that may be required.
(6) Providing assistance in the preparation of loan applications.
(7) Providing construction supervision and training for families
while they construct their homes.
(8) Providing financial supervision to individual families with
Section 502 Rural Housing (RH) loans which will minimize the time
and effort required by Rural Development in processing borrower
expenditures for materials and contract services. For
rehabilitation projects, Section 504 loans/grants may also be
included. (Revised 12-12-19, PN 532.)
(9) Assisting families in solving other housing problems.
(o) Termination of a grant. The cancellation of Federal assistance, in
whole or in part, at any time before the date of completion.
§1944.404 Eligibility.
To receive a grant, the applicant must:
(a) Be an organization as defined in §1944.403(j) of this subpart.
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RD Instruction 1944-I
§ 1944.404 (Con.)
(b) Have the financial, legal, administrative, and actual capacity to
assume and carry out the responsibilities imposed by the Agreement. To
meet the requirement of actual capacity it must either:
(1) Have necessary background and experience with proven ability to
perform responsibly in the field of mutual self-help or other
business management or administrative ventures which indicate an
ability to perform responsibly in the field of mutual self-help; or
(2) Be sponsored by an organization with background experience, and
ability, which agrees in writing to help the applicant to carry out
its responsibilities.
(c) Legally obligate itself to administer TA funds, provide adequate
accounting of the expenditure of such funds, and comply with the
Agreement and Rural Development regulations. (Added 12-12-19, PN 532.)
(d) If the organization is a private nonprofit corporation, be a
corporation that:
(1) Is organized under State and local laws.
(2) Is qualified under Section 501(c)(3) of the Internal Revenue
Code of 1986.
(3) Has as one of its purposes the production of affordable
housing.
(4) Has a Board of Directors which consist of not less than five.
For smaller organizations (i.e. less than 5 staff members) a board
of 3 is authorized. (Revised 12-12-19, PN 532.)
§ 1944.405 Authorized use of grant funds.
(a) Payment of salaries of personnel as authorized in the Agreement.
(b) Payment of necessary and reasonable office expenses such as office
rental, office utilities, and office equipment rental. The purchase of
office equipment is permissible when the grantee determines it to be
more economical than renting. As a general rule, these types of
expenses would be classified as indirect costs in multiple funded
organizations.
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§1944.405 (Con.) RD Instruction 1944-I
(c) Purchase of office supplies such as paper, pens, pencils, and trade
magazines.
(d) Payment of necessary employee benefit costs including but not
limited to items such as Worker's Compensation, employer's share of
social security, health benefits, and a reasonable tax deferred pension
plan for permanent employees.
(e) Purchase, lease, or maintenance of power or specialty tools such as
a power saw, electric drill, saber saw, ladders, and scaffolds, which
are needed by the participating families. The participating families,
however, are expected to provide their own hand tools such as hammers
and handsaws. If the grant award will not cover all tools, any proposal
to charge a tool rental fee directly to a program participant must meet
the following criteria:
(1) The fee amount must be reasonable and approved by Rural
Development. (Added 12-12-19, PN 532.)
(2) The proposal must demonstrate that the program participants
are receiving the best value as compared to renting from other
sources. These funds may only be used for the rental of tools and
other miscellaneous shared cost items for the building group (i.e.
porta- potty, scaffolding, temporary power supply, etc.). (Added
12-12-19, PN 532.)
(3) All rental fees must be tracked as a separate ledger item with
disbursements approved and reviewed annually by the Technical and
Management Assistance (T&MA) Contractor and Rural Development.
(Added 12-12-19, PN 532.)
(f) Payment of liability insurance and special purpose audit costs
associated with self-help activities. These would be considered direct
costs, even though the grantee's general liability insurance cost and
the cost of audits for the organization are generally indirect costs.
The amount of required liability insurance will vary based on the
organization’s assets at risk. For example, assets that could be lost
due to employee dishonesty at $100,000 requires matching liability
coverage. (Revised 12-12-19, PN 532.)
(g) Payment of reasonable fees for training of grantee personnel
including board members. This may include the cost of travel and per
diem to attend in or out-of-state training as authorized by the board of
directors and, when necessary, for the employee to do the current job.
These costs are generally direct costs.
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RD Instruction 1944-I
§ 1944.405 (Con.)
(h) Payment of services rendered by a sponsor or other organization
after the grant is closed and when it is determined the sponsor can
provide the necessary services which will result in an overall reduction
in the cost of assistance. Typically, this will be limited to new
grantees and an existing grantee for the period of time that its size or
activity does not justify a full staff. A full staff is a full or part-
time director, project worker, secretary-bookkeeper, and a construction
supervisor. This type of cost is generally direct.
(i) Payment of certain consulting and legal costs required in the
administration of the grant if such service is not available without
cost. This does not include legal expenses for claims against the
Federal Government. (Legal costs that may be incurred by the
organization for the benefit of the participating families may be paid
with prior approval of the State Director).
(j) Payments of the cost of an accountant to set up an accounting
system and perform audits that may be required. Generally, these costs
are indirect.
(k) Payments of reasonable expenses of board members for attending
regular or special board meetings. These costs are indirect.
6A
(Added 12-12-19, PN 532)
RD Instruction 1944-I
§ 1944.406 Prohibited use of grant funds.
(a) Hiring personnel specifically for the purpose of performing any of
the construction work for participating families in the self-help
projects.
(b) Buying real estate or building materials or other property of any
kind for participating families.
(c) Paying any debts, expenses, or costs which the responsibility of
the participating families in the self-help projects should be.
(d) Paying for training of an employee as authorized by 2 CFR part 200
adopted by USDA through 2 CFR part 400.
(e) Paying costs other than approved indirect (including salaries) that
are not directly related to helping very low- and low-income families
obtain housing consistent with the objectives of this program.
§ 1944.407 Limitations.
The amount of the TA grant depends on the experience and capability of
the applicant and must be justified based on the number of families to be
assisted. As a guide, the maximum grant amounts for any grant period will be
limited to (See Exhibit H for sample calculations): (Revised 12-12-19,
PN 532.)
(a) An average TA cost equivalent per unit of no more than 15 percent
of the cost of equivalent value of modest homes built in the area.
(Upon request, the County Supervisor will provide the grantee the
average cost of modest homes for the area); or
(Revised 04-24-91, PN 163.)
(b) An average TA cost per equivalent unit that does not exceed the
difference between the equivalent value of modest homes in the area and
the average mortgage of the participating families minus $1,000; or
(c) A TA per equivalent unit cost that does not exceed an amount
established by the State Director. The State Director may authorize a
greater TA cost than paragraph (a) or (b) of this section when needed to
accomplish a particular objective, such as requiring the grantee to
serve very low-income families, remote areas, or similar situations; or
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(Revision 5)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§ 1944.407 (Con.)
(d) A negotiated amount for repair and rehabilitation type proposals.
At a minimum, applicants applying for repair and rehabilitation grants
must include information on the proximity of the houses in a project,
the typical needed repairs, and the cost savings between self-help and
contractor rehabilitation and repair. This amount should be reviewed as
an average grant cost savings to the family which is greater than or
equal to the TA per equivalent unit cost. (Revised 12-12-19, PN 532.)
(e) Other limitations announced by Rural Development in an annual
funding policy. (Added 12-12-19, PN 532.)
§ 1944.408 [Reserved] (Revised 07-31-96, PN 264.)
§ 1944.409 Executive Order 12372.
The self-help program is subject to the provision of Executive Order
12372 which requires intergovernmental consultation with State and local
officials. Under Subpart I of Part 1970 (available in any Agency office),
new applicants for the self-help program must submit their Statement of
Activities to the State single point of contact prior to submitting their
preapplication to the Agency. The name of the point of contact is available
from the State Office. (Revised 01-18-12, SPECIAL PN.)
§ 1944.410 Processing preapplications, applications, and completing grant
dockets.
(a) Form SF-424, Application for Federal Assistance.” Form SF-424 in
an original and one copy must be submitted by the applicant to the
District Director. It will be used to establish communication between
the applicant and RHS, determine the applicant's eligibility, determine
how well the project can compete with similar applications from other
organizations and eliminate any proposals which have little or no chance
for Federal funding before applicants incur significant expenditures for
preparing an application. In addition, the following information will
be attached to and become a part of the preapplication:
(1) Complete information about the applicant's previous experience
and capacity to carry out the objective of the agreement.
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RD Instruction 1944-I
§ 1944.410(a) (Con.)
(2) If the applicant organization is already formed, a copy of or
an accurate reference to the specific provisions of State law under
which the applicant is organized; a certified copy of the
applicant's Articles of Incorporation and Bylaws or other evidence
of corporate existence; certificate of incorporation for other than
public bodies; evidence of good standing from the State when the
corporation has been in existence 1 year or more; the names and
addresses of the applicant's members, directors, and officers; and,
if another organization is a member of the applicant-organization,
its name, address, and principal business. If the applicant is not
already formed, attach copies of the proposed organizational
documents demonstrating compliance with §1944.404(d) of this
subpart.
8A
(Added 12-12-19, PN 532)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§ 1944.410(a) (Con.)
(3) A current (no more than 12 months old) dated and signed
financial statement showing the amounts and specific nature of
assets and liabilities together with information on the repayment
schedule and status of any debt owed by the applicant. If the
applicant is being sponsored by another organization, the same type
of financial statement also must be provided by the applicant's
sponsor. The applicant organization’s most recent audit report will
be provided, if available. (Revised 12-12-19, PN 532.)
(4) A narrative statement which includes information about the
amount of the grant funds being requested, area(s) to be served,
need for self-help housing in the area(s), the number of self-help
units proposed to be built, rehabilitated or repaired during the
agreement period, housing conditions of low-income families in the
area and reasons why families need self-help assistance. Evidence
should be provided that the communities support the activity and
that there are low-income families willing to contribute their labor
in order to obtain adequate housing. Evidence of community support
may be letters of support from local officials, individuals and
community organizations. The pre-application may contain
information such as census materials, local planning studies,
surveys, or other readily available information which indicates a
need in the area for housing of the type and cost to be provided by
the proposed self-help TA program.
(5) A plan of how the organization proposes to reach very low-
income families living in houses that are deteriorated, dilapidated,
overcrowded, and/or lack plumbing facilities.
(6) A proposed budget which will be prepared on SF-424A, Budget
Information (Non-Construction Programs)will be completed to
address applicable assurances as outlined in 2 CFR 200 as adopted by
USDA through 2 CFR 400. State and local Government will include an
assurance that the grantee shall comply with all applicable Federal
statutes and regulations in effect with respect to the periods for
which it receives grant funding. The State and local governments
shall also comply with 2 CFR 200 as adopted by USDA through part
400. (Revised 12-12-19, PN 532.)
(7) A preliminary survey as to the availability of lots and
projected cost of the sites.
(8) A list of other activities the applicant is engaged in and
expects to continue, and a statement as to other sources of funding
and whether it will have sufficient funds to assure continued
operation of the other activities for at least the period of the
agreement. If multi-funded, its cost allocation plan or indirect
cost rate must be part of the pre-application.
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RD Instruction 1944-I
§1944.410(a) (Con.)
(9) Whether assistance under paragraph (d) of this section is
requested and a brief narrative identifying the need, amount of
funds needed, and projected time period.
(10) If a project is planned for five or more housing lots or
units, an Affirmative Fair Marketing Plan is required. The plan
will be in effect until the completion of the project.
(b) Preapplication review.
(1) The District Director, within 30 days of receipt of the
preapplication, Form SF-424, and all other required information and
material will complete a thorough review for completeness, accuracy,
and conformance to program policy and regulations. Incomplete
preapplications will be returned to the applicant for completion.
The applicant should be given the name of the regional technical
assistance contractor. The County Supervisor in the prospective
county will be contacted as to the need for the program in the
proposed area and if the necessary resources are available to the
grantee. This will include a discussion of the number of 502 and
504 units that will need to be committed to the grantee and the
potential work impact on the office during the grant period. If it
is determined that the County Office lacks the resources (either
personnel or funds) to process all loan requests in a timely manner,
the District Director must communicate this need to the State
Director along with a recommended solution. (Lack of resources at
the county level are not grounds to deny a request). After the
District Director has determined that the preapplication is complete
and accurate, the District Director will assemble the material in an
applicant case file and forward it to the State Director. The case
file, as a minimum, must contain the following:
(i) Form SF-424,
(ii) Documentation required in accordance with 7 CFR part
1970, (Revised 04-01-16, SPECIAL PN.)
(iii) Eligibility recommendations, and
(iv) HUD Form 935.2 Affirmative Fair Housing Marketing Plan
Single Family Housing, if applicable.
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RD Instruction 1944-I
§ 1944.410(b) (Con.)
(2) The State Director may, if needed, submit the organizational
documents with any comments or questions to the Office of General
Counsel (OGC) for a preliminary opinion as to whether the applicant
is or will be a legal organization of the type required by these
regulations and for advice on any other aspects of the
preapplication.
(3) The State Director, if unable to determine eligibility or
qualifications with the advice of the OGC, may submit the
preapplication to the National Office for review. The
preapplication will contain all memoranda from OGC giving the
results of its review. The State Director will identify in the
transmittal memorandum to the National Office the specific problem
and will recommend possible solutions and any information about the
applicant which would be helpful to the National Office in reaching
a decision.
(4) After an eligibility determination has been made, which should
be completed within 30 days unless OGC is involved, the State
Director will:
(i) If the applicant is eligible, contact the National Office
as to the availability of funds or submit the proposal to the
National Office for authorization if the requested amount
exceeds the State Director's approval authority. If funds are
available, the final review officer, either the State Director
or the Assistant Administrator, Housing will issue a letter of
conditions that the applicant must meet and direct the
District Director to issue Form AD-622, Notice of
Preapplication Review Action.
(ii) If the applicant is determined not eligible, the State
Director will direct the District Director to issue Form AD-
622.
(c) Form AD-622, Notice of Preapplication Review Action.”
(1) If the applicant is eligible and after the State Director has
returned the pre-application information and, as appropriate, the
environmental review documentation required in 7 CFR part 1970 to
the Area Office, the Area Director will, within 10 days, prepare
and issue Form AD-622. The original Form AD-622 will be signed and
delivered to the applicant along with the letter of conditions, a
copy to the applicant's case file, a copy to the County Supervisor,
and a copy to the State Director. (Revised 04-01-16, SPECIAL PN.)
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RD Instruction 1944-I
§1944.410(c) (Con.)
(2) If the applicant is not eligible and after the State Director
has returned the preapplication information, the District Director
will within 5 days notify the applicant on Form AD-622. The
notification will inform the applicant that an appeal of the
decision may be made to the National Appeals Division under 7 CFR
Part 11 and Subpart B of Part 1900 of this chapter.
(3) If the applicant is eligible and no grant or loan funds are
available, the State Director will return the preapplication
information to the District Director who will, within 10 days,
notify the applicant on Form AD-622. The notification will explain
the facts concerning the lack of funding and that Rural Development
will notify them when funding will be available. This is not an
appealable decision.
(d) Self-help technical assistance grant predevelopment agreement. If
the grantee requested predevelopment assistance and the State Director
determines that the applicant lacks the financial resources to meet the
conditions of grant approval, a grant of up to $10,000 and for up to six
months will be made in order for the applicant to provide what is
required by paragraph (e) of this section. Exhibit D of this subpart
will be used for this purpose. Existing grantees proposing to operate
in an area different from the area that they are currently funded to
operate are eligible for this grant. However, this grant is available
only once for a defined area. This grant is available only after the
letter of conditions has been issued. Denial of this assistance is an
appealable decision under 7 CFR Part 11 Subpart B of Part 1900 of this
chapter.
(e) Form SF-424, Application for Federal Assistance.” The applicant
will submit Form SF-424 in an original and one copy to the District
Director. The application should provide a detailed proposal of its
goals including (see Exhibit G and I for new construction and
rehabilitation type application checklists): (Revised 12-12-19,
PN 532.)
(1) Names, addresses, number in household, and total annual
household income of families who have been contacted by the
applicant and are interested in participating in a self-help housing
project. Community organizations including minority organizations
may be used as a source of names of people interested in self-help
housing.
(2) Proof that the first group of prospective participating
self-help families have qualified for financial assistance.
12
(Revision 2)
RD Instruction 1944-I
§ 1944.410(e) (Con.)
(3) Evidence that lots are optioned by the prospective
participating self-help families for the first group. Evidence that
lots are available for the remaining groups.
(4) Detailed cost estimates of houses to be built by the mutual
self-help method. Plans and specifications should be submitted with
the cost estimates.
(5) Proposed staffing need, including qualifications, experience,
proposed hiring schedule, and availability of any prospective
employees.
(6) Name, address, and official position of the applicant's
representative or representatives authorized to act for the
applicant and work with Rural Development.
(7) Budget information including a detailed budget for the
Agreement period based upon the needs outlined in the proposal.
SF 424A will be completed to furnish the budget information.
(8) Indirect or direct cost policy and proposed indirect cost rate
developed in accordance with 2 CFR 200 as adopted by USDA through 2
CFR part 400. (Revised 12-12-19, PN 532.)
(9) Personnel procedures and practices that will be established or
are in existence. Forms to be used should be submitted with the
application.
(10) A proposed monthly activities schedule showing the proposed
dates for starting and completing the recruitment, loan processing
and construction phases for each group of participant families.
(11) Other items identified in Exhibits G and I for new
construction and rehabilitation projects. (Added 12-12-19, PN 532.)
§ 1944.411 Conditions for approving a grant.
A grant may be approved for an eligible applicant when the conditions in
the letter of conditions are met and the following conditions are present
(see Exhibit J for a sample letter of conditions): (Revised 12-12-19,
PN 532.)
(a) The applicant has or can hire, or contract directly or indirectly
with, qualified people to carry out its responsibilities in
administering the grant.
13
(Revision 2)
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RD Instruction 1944-I
§1944.411 (Con.)
(b) The applicant has met all of the conditions listed in §1944.410(e)
of this subpart.
(c) The grantee furnishes a signed statement that it complies with the
requirements of the Departmental Regulations found in 2 CFR 200 as
adopted by USDA through 2 CFR 400. (Revised 12-12-19, PN 532.)
(d) A resolution has been adopted by the board of directors which
authorizes the appropriate officer to execute Exhibit A of this subpart
and Form RD 400-4, Assurance Agreement. (Revised 04-24-91, PN 163.)
(e) The grantee has fidelity bonding as covered in 2 CFR 200 as adopted
by USDA through 2 CFR 400 if a nonprofit organization or, if a State or
local government, to the extent required in 2 CFR 200 as adopted by UDSA
through 2 CFR 400. (Revised 12-12-19, PN 532.)
(f) The grantee has agreed by completing SF-424B, Assurances-Non-
Construction Programs,that it will establish a recordkeeping system
that is certifiable by a certified public accountant that it adequately
meets the Agreement. (Revised 04-24-91, PN 163.)
(g) The grantee has established an interest-bearing checking account on
which at least two bonded officials will sign all checks issued and
understands that interest earned in excess of $250.00 annually must be
submitted to Rural Development quarterly. (The use of minority
depository institutions is encouraged.) Effective September 10, 2015,
interest earned up to $500 per year may be retained by the grantee for
administrative expense in accordance with 2 CFR §200.305(b)(9). Grantees
must maintain advance payments of Federal awards in interest-bearing
accounts in accordance with 2 CFR §200.305(b)(8) unless the following
apply: (Revised 12-12-19, PN 532.)
(1) The Non-Federal entity receives less than $120,000 in Federal
awards per year. (Added 12-12-19, PN 532.)
(2) The best reasonably available interest-bearing account would
not be expected to earn interest in excess of $500 per year on
Federal cash balances. (Added 12-12-19, PN 532.)
(3) The depository would require an average or minimum balance so
high that it would not be feasible within the expected Federal and
non-Federal cash resources. (Added 12-12-19, PN 532.)
(4) A foreign government or banking system prohibits or precludes
interest bearing accounts. (Added 12-12-19, PN 532.)
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(Revision 2)
RD Instruction 1944-I
§ 1944.411 (Con.)
(h) The grantee has developed an agreement to be executed by the grantee
and the self-help participants which clearly sets forth what is expected
of each and has incorporated Exhibit B-2 of this subpart which clearly
shows what work is expected of the participating family.
(i) The grantee is not a debarred or an excluded party. The Treasury’s
Bureau of Fiscal Service Do Not Pay (DNP) portal, or an equivalent system
is used as part of the pre-award verification process and to reduce
improper payments. (Revised 12-12-19, PN 532.)
§ 1944.412 Docket preparation.
When the application and all items required for the complete docket have
been received, the District Director will thoroughly examine it to insure the
application has been properly and accurately prepared and that it includes
the required dates and signatures. The docket items will be assembled and
distributed by the District Director in the following order:
Number
Form Name of Form Total No. Signed by for Agree- Copy for
Number or Document of Copies Applicant ment docket Applicant
SF-424 Application for 3 1 1-0&1C 1-C
Federal Assistance
14A
(Added 12-12-19, PN 532)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§1944.412 (Con.)
AD-622 Notice of Pre-
application Review
Action 2 - 1-C 1-0
RD Request for Obligation
1940-1 of Funds 4 2 3-0&2C 1-C
RD Assurance
400-4 Agreement 2 1 1-0 1-C
HUD Form 935.2,
Affirmative Fair 3 1 1-0&1C 1-C
Housing Marketing
Plan
Certified Copy
Authorizing
Resolution 1 1 1-0 -
Self-Help Technical
Assistance Grant
Agreement (Exhibit A) 2 1 1-0 1-C
Any Personnel Forms
to be used 2 1-0 1-C
Additional items for New Construction (Exhibit G), or Rehabilitation
(Exhibit I) (Added 12-12-19, PN 532.)
O=Original
C=Copy
_____________________________________________________________________________
§1944.413 Grant approval.
(a) Approval of grant. Within 30 days of the grantee meeting the
conditions of §1944.411 of this subpart or, if applicable, signing
Exhibit D, the approving official will:
(1) Execute and distribute Form RD 1940-1 in accordance with the
Forms Manual Insert (FMI).
(2) After the Finance Office acknowledges that funds are obligated,
request an initial advance of funds on Form RD 440-57,
Acknowledgment of Obligated Funds/Check Request,in accordance
with the FMI. The amount of this request should cover the
applicant's needs for the remainder of the month in which the grant
is closed plus the next month. Subsequent advances will cover only
a one-month period.
(b) Cancellation of an approved grant. An approved grant may be
canceled before closing if the applicant is no longer eligible, the
15
(Revision 1)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§1944.413(b) (Con.)
proposal is no longer feasible, or the applicant requests cancellation.
Cancellation will be accomplished as follows:
(1) The District Director will prepare Form RD 1940-10,
Cancellation of U.S. Treasury Check and/or Obligation,according
to the FMI and send it to the State Director with the reasons for
cancellation. If the State Director approves the request, Form RD
1940-10 will be returned to the District Office for processing in
accordance with the FMI.
(2) The District Director will notify the applicant of the
cancellation and the right to appeal under 7 CFR Part 11 and Subpart
B of Part 1900 of this chapter. If the applicant requested the
cancellation, no appeal rights are provided, but the applicant will
still be notified of the cancellation.
(c) Disapproval of grant. If a grant is disapproved after the docket
has been developed, the approving official will state the reason on the
original Form RD 1940-1, or in a memorandum to the District Director.
The District Director will notify the applicant in writing of the
disapproval and the reason for disapproval. Also, the notification will
inform the applicant of its appeal rights under 7 CFR Part 11 Subpart B
of Part 1900 of this chapter.
_____________________________________________________________
§1944.414 [Reserved]
§1944.415 Grant approval and other approving authorities.
(a) The State Director is authorized to approve or disapprove TA grants
under this subpart. For a grant in excess of $300,000, or in the case
of a grant amendment when the amount of the grant plus any unexpended
funds from a previous grant will exceed $400,000, prior written consent
of the National Office is required. In such cases, the docket, along
with the State Director's recommendations, must be submitted to the
National Office for review.
(1) Once funds have been obligated, the National Office will issue
a letter to the State Director confirming the obligation and
outlining any additional closing conditions. The Letter of
Conditions (LOC) will include all conditions to grant closing and
issue it with the grant agreement, as applicable. This final LOC is
part of the grant docket and no funds may be released to the grantee
before the grant agreement is fully executed. Once the grant is
closed, a copy of the fully executed grant agreement and LOC are
also provided to the T&MA Contractor. (Added 12-12-19, PN 532.)
16
(Revision 1)
RD Instruction 1944-I
§ 1944.415(a) (Con.)
(2) Congressional notification is accomplished through the Rural
Development Office of External Affairs (OEA) procedures to announce
grant awards. (Added 12-12-19, PN 532.)
(b) The State Director may approve a grant not to exceed $10,000 to an
eligible organization under §1944.410(d) of this subpart. The grant
must be limited to 6 months and funds must be used for the development
of the final application, family recruitment, and related activities as
explained in §1944.410(e) of this subpart. The amount of this grant
will not be included in figuring TA cost per units.
16A
(Added 12-12-19, PN 532)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§ 1944.415 (Con.)
(c) The authority to contract for services is limited to the
Administrator of Rural Development, Rural Housing Service. (Revised
12-12-19, PN 532.)
(d) Monthly expenditures of the grantee will normally be approved by
the District Director unless:
(1) The grantee operates in only one county, in which case the
authority may be delegated to the County Supervisor.
(2) The grantee operates in more than one Rural Development
District, in which case the State Director will designate the
approving official.
(3) The grantee operates in more than one State Director's
jurisdiction, in which case the Administrator will designate the
approving official.
(4) The expenditure is under contract authority, in which case the
Contracting Official Representative will approve the monthly
expenditure.
§ 1944.416 Grant closing.
The grant is closed on the date the Agreement is executed as defined in
§1944.403(a) by the applicant and the Government. Funds may not be advanced
prior to the signing of the Agreement. The District Director or Assistant
District Director are authorized to execute the Agreement for Rural
Development. Person(s) authorized by resolution may sign for the applicant.
§ 1944.417 Servicing actions after grant closing.
Rural Development has a responsibility to help the grantee be successful
and help the grantee avoid cases of fraud and abuse. Servicing actions also
include correlating activities between the grantee and Rural Development to
the benefit of the participating families. The amount of servicing actions
needed will vary in accordance with the experience of the grantee, but as a
minimum the following actions are required:
(a) Monthly, the grantee will provide the District Director with a
request for additional funds on Form SF-270, Request for Advance or
Reimbursement. This request need only show the amount of funds used
during the previous month, amount of unspent funds, projected need for
the next 30 days, and written justification if the request exceeds the
projected need for the next 30 days. This request must be in the
District Director's office fifteen days prior to the beginning of the
month. Upon receipt of the grantee's request, the District Director
will:
17
(Revision 2)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§ 1944.417(a) (Con.)
(1) If the request appears to be in order, process Form RD 440-57
so that delivery of the check will be possible on the first of the
next month. Grant disbursements are based upon an approved draw
schedule taking into account, but not based exclusively on the
Equivalent Units (EU’s) produced as well as other factors such as
power tool and equipment needs, audit requirements, and training.
With the request, the grantee may submit a copy of a current working
budget and sample draw request form found in Exhibit L. (Revised
12-12-19) PN 532.)
(2) If the request does not appear to be in order, immediately
contact the grantee to resolve the problem. After the contact:
(i) if the explanation is acceptable, process Form RD 440-57
so delivery may be possible by the first of the next month, or
(ii) if the explanation is not acceptable, immediately notify
the grantee and request the amount of funds that appear
reasonable for the next 30 days on Form RD 440-57, so that
delivery may be possible by the first of the next month.
Unapproved funds that are later approved will be added to the
next month's request.
(b) Quarterly, the grantee will submit Exhibit B of this subpart in an
original and three copies to the County Supervisor on or before January
15, April 15, July 15, and October 15 which will verify its progress
toward meeting the objectives stated in the Agreement and the
application. The County Supervisor will immediately complete the County
Office review part and forward the report to the District Office. After
Exhibit B is received in the District Office, a meeting should be
scheduled between the grantee, District Director, and the County
Supervisor since this is an opportune time for both the grantee and
Rural Development to review progress to date and make necessary
adjustments for the future. This meeting is required if the grantee was
previously identified as a problem grantee or will be identified as a
problem grantee at this time. Regardless of whether a meeting will be
held, the following will be done (Note: Conducting this meeting
virtually is permitted. The grantee, Rural Development staff
administering the TA grant, processing Section 502 loans / Section 504
loans and grants, and the T&MA Contractor should participate in
meetings): (Revised 12-12-19) PN 532.)
(1) Exhibit B and other information will be evaluated to determine
progress made to date. The District Director will comment on
Exhibit B as to whether the grantee is ahead or behind schedule in
each of the following areas (Note: an automated process for Exhibit
B may be used so long as it captures the same data.): (Revised
12-12-19) PN 532.)
(i) Assisting the projected number of families.
18
(Revision 2)
RD Instruction 1944-I
§ 1944.417(b)(1) (Con.)
(ii) Serving very low-income applicants. Is the grantee
reaching a minimum of very low-income families as required in
Exhibit A, Attachment 2 to Subpart L of Part 1940 of this
chapter (available in any Rural Development office).
18A
(Added 12-12-19, PN 532)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§ 1944.417(b)(1) (Con.)
(iii) Equivalent units (EUs). Is the number of EUs completed
representative of lapse in time of the grant? For example, if
25 percent of the grant period has elapsed, are 25 percent of
the number of EUs completed?
(iv) Labor contributions by the family. Are the families
working together and are they completing the labor tasks as
established on Exhibit B-2?
(2) The District Director will submit Exhibit B to the State
Director who will evaluate the quarterly report along with the
District Director's comments. If the State Director determines the
grantee is progressing satisfactorily, the State Director will sign
and forward Exhibit B to the National Office. However, if the State
Director determines the grantee is not performing as expected, the
State Director will notify the grantee that it has been classified a
High Riskgrantee. The notice will specify the deficiencies and
inform the grantee of proposed remedies for non-compliance.
Performance issues include any problem that will affect or is
affecting the grantees ability to meet the five grant goals with
consideration for issues that may be caused by Rural Development
delays. See Exhibit M for a sample “High Risk” designation letter.
(Revised 12-12-19) PN 532.)
The notice will advise the grantee that Rural Development is
available to assist and provide the name and address of an
organization that is under contract with Rural Development to assist
them. The State Director will forward a copy of Exhibit B, District
Directors comments, and the reasons for classifying them as High
Riskto the National Office, Single Family Housing, Special
Programs Branch. When the period of time provided for corrective
action has expired, an assessment will be made of the progress by
the grantee toward correcting the situation. If the State Director
determines:
(i) The situation has been corrected or reasonable progress
has been made toward correcting the situation, the “High Risk”
status will be lifted and the grantee so notified. See
Exhibit N for sample “High Risk” removal letter. (Revised
12-12-19, PN 532.)
(ii) The situation has not been corrected but it is
correctable if additional time is granted, an extension will
be issued.
(iii) The situation has not been corrected and it is unlikely
to be corrected if given additional time, the grant will be
terminated under §1944.426(b)(1) of this subpart. Termination
of a grant should only begin with concurrence from the
National Office, Single Family Housing, Special Programs
Branch. (Revised 12-12-19) PN 532.)
§1944.418 [Reserved]
19
(Revision 1)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§1944.419 Final grantee evaluation.
Near the end of the grant period but prior to the last month, an
evaluation of the grantee will be conducted by Rural Development. The State
Director may use Rural Development employees or an organization under
contract to Rural Development to provide the evaluation. The evaluation is
to determine how successful the grantee was in meeting goals and objectives
as defined in the agreement, application, this regulation, and any
amendments. Failure to obtain at least an acceptable grant rating could
jeopardize future grant awards. (Revised 12-12-19) PN 532.)
(a) This is a quantitative evaluation of the grantee to determine if it
met its goals in:
(1) Assisting the projected number of families in obtaining
adequate housing.
(2) Meeting the goal of assisting very low-income families.
(3) Meeting the family labor requirement in §1944.411(h) and
Exhibit B-2 of this subpart. For rehabilitation use Exhibit K-2.
(Revised 12-12-19) PN 532.)
(4) Keeping costs within the guides set in §1944.407.
(5) Meeting other objectives in the Agreement.
(b) The evaluation is a narrative addressed to the State Director with
a copy to the National Office, Single Family Housing Processing
Division. It will be in 3 parts, namely; findings, recommendations, and
an overall rating. The rating will be either unacceptable, acceptable,
or outstanding, as follows (see Exhibit O for a sample final evaluation
letter): (Revised 12-12-19) PN 532.)
(1) Outstanding if the grantee met or exceeded all of the goals in
paragraph (a) of this section.
(2) Acceptable if the grantee met or exceeded all of the goals as
defined in paragraph (a) except two.
(3) Unacceptable if the grantee failed to obtain an acceptable
rating.
20
(Revision 1)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§1944.419 (Con.)
(c) After the State Director has reviewed the evaluation, a copy will
be mailed to the grantee. The grantee may request a review of the
evaluation with the District Director. This review is for clarification
of the material and to dispute the findings if they are known to be
wrong. The rating is not open for discussion except to the extent it
can be proven that the findings do not support the rating. If this is
the case, the District Director will file an amendment to the State
Director. A copy of this letter should also be forwarded to the National
Office, Single Family Housing, Special Programs Branch and the T&MA
Contractor. (Revised 12-12-19) PN 532.)
20A
(Added 12-12-19, PN 532)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§1944.420 Extension or revision of the grant agreement.
The State Director may authorize the District Director to execute on
behalf of the Government, Exhibit C of this subpart, at any time during the
grant period provided:
(a) The extension period is for no more than one year from the final
date of the existing Agreement.
(b) The need for the extension is clearly justified,
(c) If additional funds are needed, a revised budget is submitted with
complete justification, and
(d) The grantee is within the guidelines in §1944.407 of this subpart
or the State Director determines that the best interest of the
Government will be served by the extension
(e)Requests for extensions or revisions should be made by the grantee in
writing prior to the expiration of the grant. Grantee should include
any pertinent documents such as a revised budget, implementation
schedule and current status report utilizing Exhibit B for new
construction or Exhibit K for rehabilitation. The T&MA Contractor
should also review the request and provide a recommendation to Rural
Development. Rural Development will review the request and if approved
issue Exhibit C, Amendment to Self-Help Technical Assistance Grant
Agreementalong with an amended letter of conditions, as needed. State
Directors may not approve extensions beyond one year. Time extensions
beyond one year may be approved with National Office concurrence.
Grantees should be monitored closely after an extension or other
modification to ensure compliance and to prevent further delays. (Added
12-12-19, PN 532.)
§1944.421 Refunding of an existing grantee.
Grantees wishing to continue with self-help efforts after the end of the
current grant plus any extensions should file Form SF-424, in accordance with
§1944.410(e). It is recommended that it be filed at least 6 months before
the end of the current grant period. Funds from the existing grant may be
used to meet the conditions of a new grant to serve the same or redefined
geographic area. If the grantee is targeting a different geographic area, a
new preapplication must be submitted in accordance with §1944.410 and the
grantee may apply for a predevelopment grant in accordance with §1944.410(d).
In addition to meeting the conditions of an applicant as defined in §1944.411
of this subpart, the grantee must also have received or will receive an
acceptable rating on its current grant unless an exception is granted by the
State Director. The State Director may grant an exception to the rating if
it is determined that the reasons causing the previous unacceptable rating
have been removed or will be removed with the approval of this grant.
21
(Revision 2)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§1944.422 Audit and other report requirements.
The grantee must submit an audit to the appropriate Rural Development
District Office annually (or biennially if a State or local government with
authority to do a less frequent audit requests it) and the earlier of 30
calendar days after receipt of the auditor's report or nine months after the
end of the grantee's audit period. The audit, conducted by the grantee's
auditors, is to be performed in accordance with Generally Accepted Government
Auditing Standards (GAGAS), using the publication Standards for Audit of
Governmental Organizations, Programs, Activities and Functionsdeveloped by
the Comptroller General of the United States in 1981, and any subsequent
revisions. In addition, the audits are also to be performed in accordance
with 2 CFR part 200 as adopted by USDA through 2 CFR part 400 and Rural
Development requirements as specified in this subpart. Audits of the
borrower loan funds will be required. The number of borrower accounts
audited will be determined by the auditor. In incidences where it is
difficult to determine the appropriate number of accounts to be audited,
auditors should be authorized by the State Director to audit the lesser of 10
loans or 10 percent of total loans. Audits of the borrower funds do not
necessarily need to be tested in the same manner as the organizational audit.
Agreed Upon Procedures (AUPs) may be developed and used for the Section 502
or 504 loan funds in custodial accounts. At a minimum, an AUP engagement
will include a review of the draw requests to ensure charges listed can be
traced back to source documents and a reconciliation of the financial
institution’s account record. (Revised 12-12-19) PN 532.)
(a) Nonprofit organizations and others. If determined necessary, these
organizations are to be audited in accordance with Rural Development
requirements in accordance with 2 CFR part 200 as adopted by USDA
through 2 CFR part 400. These requirements also apply to public
hospitals, public colleges, and universities if they are excluded from
the audit requirements of paragraph (b) of this section. (Revised
12-12-19) PN 532.)
(1) An audit conducted by the grantee's auditor shall be supplied
to the Rural Development District Director as soon as possible but
in no case later than ninety (90) days following the period covered
by the grant agreement.
(2) Auditors shall promptly notify United States Department of
Agriculture's Office of the Inspector General Regional Inspector
General and the Rural Development District Office, in writing, of
any indication of fraud, abuse, or illegal acts in grantees use of
grant funds or in the handling of borrower’s accounts.
(3) Nonprofit organizations that receive less than $25,000 a year
in Federal financial assistance need not be audited.
22
(Revision 2)
RD Instruction 1944-I
§ 1944.422 (Con.)
(b) State and local governments and Indian tribes. These organizations
are to be audited in accordance with this subpart and 2 CFR 200 as
adopted by USDA through 2 CFR part 400. The grantee will forward
completed audits to the appropriate Federal cognizant agency and a copy
to the Rural Development District Director. Cognizant agencyfor
audits is defined at 2 CFR 200.18 as the Federal agency designated to
carry out the responsibilities described in §200.513 Responsibilities,
paragraph (a). The cognizant agency for audit is not necessarily the
same as the cognizant agency for indirect costs. A list of cognizant
agencies for audit may be found at the FAC Web site. Within USDA, the
OIG shall fulfill cognizant agency responsibilities. Smaller grantees
not assigned a cognizant agency by OMB should contact the Federal agency
that provided the most funds. When USDA is designated as the cognizant
agency or when it has been determined by the borrower that Rural
Development provided the major portion of Federal financial assistance,
the State Director will contact the appropriate USDA OIG Regional
Inspector General. Rural Development and the borrower shall coordinate
all proposed audit plans with the appropriate USDA OIG. (Revised
12-12-19, PN 532.)
22A
(Added 12-23-19, PN 532)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§ 1944.422 (Con.)
(1) State and local governments and Indian tribes that receive
$25,000 or more a year in Federal financial assistance shall have an
audit made in accordance with 2 CFR part 200 as adopted by USDA
through 2 CFR 400. (Revised 12-12-19) PN 532.)
(2) State and local and Indian tribes that receive less than
$25,000 a year in Federal financial assistance shall be exempt from
2 CFR part 200 as adopted by USDA through 2 CFR part 400. (Revised
12-12-19, PN 532.)
(3) Public hospitals and public colleges and universities may be
excluded by the State Director from OMB Circular A-128 audit
requirements. If such entities are excluded, audits shall be made
in accordance with paragraph (a) of this section.
§ 1944.423 Loan packaging and 502 RH application submittal.
A grantee is required to assist 502 RH applicants in submitting their
application for an RH loan. Loan packaging will be performed in accordance
with 7 CFR part 3550; therefore, it is important that the grantee be trained
at an early date in the packaging of RH loans. Typically, this training
should take place before the first applications are submitted to the County
Office and before the grant is closed. A grantee should become very
knowledgeable of Rural Development's eligibility requirements but must
understand that only Rural Development can approve or deny an applicant
assistance. Grantee must work cooperatively with Rural Development in the
502 loan approval process and must work within the regulations for the 502
program and recognize Rural Development's ultimate decision making authority
to approve or deny loans. However, the grantee may ask for clarification
that may be helpful in working with future applicants. Grant funds may not
be used to pay any expense in connection with an appeal that the applicant
may file or pursue.
(a) Grantee packaging for a Rehabilitation type project, at a minimum,
must include the following items: (Added 12-12-19, PN 532.)
(1) Final Purchase and Sale Agreement with any amendments (n/a
for Owner Occupied Rehab),
(2) Inspection Report qualified inspector as described above,
(3) Work Order List with a description of materials,
23
(Revision 3)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§ 1944.423(a) (Con.)
(4) Development Plan Cost Breakdown include
development/construction costs; purchase price and closing costs as
applicable,
(5) Projected Cost Savings utilizing one of the allowed methods
described below and,
(6) Estimated Construction Period including average labor
requirements for the participants.
(b) This docket will be submitted to the local RD office if Agency
funding will be used. If funding other than 502/504 will be utilized,
grantees will need to report quarterly on the items outlined in Exhibit
K but do not need to submit an entire project docket to the Agency.
While rehab projects do not need to be approved individually, be
reminded that the rehab program goal at grant completion is to have an
average cost savings that is equal to or greater than the TA cost.
(Added 12-12-19, PN 532.)
(c) The first choice for Owner Rehab funding should always be the RD
Section 504 Loan/ Grant programs. (Added 12-12-19, PN 532.)
§ 1944.424 Dwelling construction and standards.
All construction will be performed in accordance with Subpart A of Part
1924 of this chapter. The planned work must meet the building requirements
of 7 CFR part 3550 and meet the Development Standards as defined in subpart A
of part 1924 of this chapter and in any local codes. Sites and site
developments must conform to the requirements of subpart C of part 1924 of
this chapter. The following applies to rehabilitations type construction
projects:
(a) It is the responsibility of the Section 523 Mutual Self-Help
applicant/grantee to provide adequate documentation to support the
proposal for rehab projects. When a home has been identified for rehab,
the grantee will need to assess the project’s feasibility. Rehab
projects may be on scattered sites and the construction supervisor
travel cost, as well as oversight requirements for each task, should be
accounted for in a grantee’s feasibility analysis. Grantees should
consider all organizational costs associated with undertaking the
project and compare it to the maximum allowable TA amount before
proceeding. (Added 12-12-19, PN 532.)
24
(Revision 3)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§ 1944.424 (Con.)
(b) The grantee must also determine if an identified home is suited for
the program. Extreme consideration should be given to any hazardous
materials, lead, mold and asbestos identified during the inspection.
The scope of work for any project must, at a minimum, ensure that
construction meets the standards in RD Instruction 1924-A and local
codes for Acquisition Rehab; while Owner Occupied Rehab projects will
typically need to meet Agency decent, safe, and sanitary requirements
and local codes, if applicable. For this reason, a whole house
inspection from a state-licensed inspector that addresses all items in
Handbook HB-1-3550, paragraph 5.7 (A), is required for Acquisition
projects (Added 12-12-19, PN 532.)
(c) For Owner Occupied Rehab projects, the Agency can accept an
inspection from the grantee’s qualified staff. State offices will
determine the qualification of the grantee’s staff and may require a
third-party inspection on a case by case basis. Based on the
inspector’s findings, the grantee will prepare the project application
docket described above. (Added 12-12-19, PN 532.)
(d) The grantee will be responsible for ensuring the bidding process
for subcontracted work provides the best value to the program
participants. The best value to the participant may be documented by
comparable contractor bids, use of cost estimating software when costs
appear realistic for the area, and/or the grantees certification that no
better value is known based on their knowledge of the area. (Added
12-12-19, PN 532.)
(e) State offices must approve a grantee’s performance of any
subcontracted labor arrangements. In order for a grantee to serve as a
subcontractor on a rehab project they must be licensed (if required by
State law), demonstrate that they are able to provide the best value to
the program participant as described above; and also have an accounting
system that will ensure the 523 grant is not charged for subcontracted
work which is a cost to the program participant’s loan/grant. (Added
12-12-19, PN 532.)
24A
(Added 12-12-19, PN 532)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§ 1944.425 Handling and accounting for borrower loan funds.
Grantees will be required to administer borrower loan funds during the
construction phases. The extent of their involvement will depend on the
experience of the grantee and the amount of authority delegated to them by
the District Director in accordance with § 1924.6(c) of Subpart A of Part
1924 of this chapter. Training should include Rural Development's non-
discrimination policies in receiving applications. At a minimum, the
following requirements must be met: (Revised 12-12-19, PN 532.)
(a) The grantee should have successfully completed at least one grant
cycle. (Added 12-12-19, PN 532.)
(b) The grantee has a record-keeping system which shows that the cost
of the materials and services were allocated to each borrower’s account
in relation to the actual material and service used by each borrower.
When requesting funds from the 502 borrower accounts, the grantee should
provide RD with clear documentation of the expenditures due. This
should include a coversheet detailing the current charges due from the
borrower as well as copies of corresponding invoices. The coversheet
should be signed by both the grantee and the participating family before
it is submitted to the RD for processing. (Added 12-12-19, PN 532.)
(c) Custodial Accounts maintained by the grantee on behalf of a Mutual
Self-Help group with funds exceeding $250,000 at any time must have
acceptable collateral pledged with the Federal Reserve Bank in an amount
not less than the excess as outlined in RD Instruction 1902-A §1902.7.
To avoid this situation, the field office should monitor the custodial
account as draws are requested. It is advantageous to make smaller
draws on the borrower’s accounts, more frequently, as funds are needed.
(Added 12-12-19, PN 532.)
(d) A letter from the self-help grantee’s auditor or T&MA Contractor
indicating that the proposed method for bill-paying provides a means for
an adequate audit trail. (Added 12-12-19, PN 532.)
§ 1944.426 Grant closeout.
(a) Grant purposes completed. Promptly after the date of completion,
grant closeout actions will be taken to allow the orderly discontinuance
of grantee activity.
24B
(Added 12-12-19, PN 532)
RD Instruction 1944-I
§ 1944.426(a) (Con.)
(1) The grantee will immediately refund to Rural Development any
balance of grant funds advanced that are not committed for the
payment of authorized expenses. The unused grant funds will be
remitted on Form RD 451-2, Schedule of Remittancesin
accordance with the form’s manual insert. (Revised 10-28-03,
SPECIAL PN.)
(2) The grantee will furnish Form SF-269A, Financial Status
Report (short form)to Rural Development within 90 days after
the date of completion of the grant. All other financial,
performance, and other reports required as a condition of the
grant also will be completed.
(3) After the grant closeout, Rural Development retains the
right to recover any disallowed costs which are discovered as a
result of the final audit. 7 CFR part 3550 will be used by Rural
Development to recover any unauthorized expenditures. (Revised
01-23-03, SPECIAL PN.)
(4) The grantee will provide Rural Development an audit
conforming to those requirements established in this part,
including audits of self-help borrower accounts.
(5) Upon request from the recipient, any allowable reimbursable
cost not covered by previous payments shall be promptly paid by
Rural Development.
24C
(Added 12-12-19, PN 532)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§ 1944.426 (Con.)
(b) Grant purposes not completed.
(1) Notification of termination. The State Director will promptly
notify the grantee and the National Office in writing of the
termination action including the specific reasons for the decision
and the effective date of the termination. The notification to the
grantee will specify that if the grantee believes the reason for the
proposed termination can be resolved, the grantee should, within 15
calendar days of the date of this notification, contact the State
Director in writing requesting a meeting for further consideration.
The meeting will be an informal proceeding at which the grantee will
be given the opportunity to provide whatever additional information
it believes should be considered in reaching a decision concerning
the case. The grantee may have an attorney or any other person
present at the meeting if desired. Within 7 calendar days of the
meeting, the State Director will determine what action to take.
(i) If the State Director determines that termination is not
necessary, the grantee will be informed by letter along with
the District Director.
(ii) If the State Director determines that termination of the
grant is appropriate, he/she will promptly inform the grantee
by the use of Exhibit B-3 of 7 CFR Part 11 and Subpart B of
Part 1900 of this chapter.
(2) National Office review.
(i) Upon receipt of a request from a grantee that the
decision of the State Director be reconsidered, the National
Office will make a preliminary decision concerning the
continued funding of the grantee during the appeal period.
Written notification of the decision will be given to the
State Director and grantee.
(ii) The National Office will then obtain a comprehensive
report on the matter from the State Office. This information
will be considered together with any additional information
that may be provided by the grantee.
(c) Grant Suspension. When the grantee has failed to comply with the
terms of the agreement, the District Director will promptly report the
facts to the State Director. The State Director will consider
termination or suspension of the grant usually only after a Grantee has
been classified as “high riskin accordance with §1944.417(b)(2)
25
(Revision 1)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
§ 1944.426 (Con.)
of this subpart. When the State Director determines that the grantee
has a reasonable potential to correct deficiencies the grant may be
suspended. The State Director will request written authorization from
the National Office to suspend a grantee. The suspension will adhere to
2 CFR part 200 as adopted by UDA through 2 CFR 400. The grantee will be
notified of the grant suspension in writing by the State Director. The
State Director will also promptly inform the grantee of its rights to
appeal the decision by use of Exhibit B-3 of 7 CFR Part 11 and Subpart B
of Part 1900 of this chapter. (Revised 12-12-19, PN 532.)
(d) Grant Termination. The State Director may terminate the grant
agreement whenever Rural Development determines that the grantee has
failed to comply with terms of the Agreement. The reasons for
termination may include, but are not limited to, such problems as listed
in paragraph (e)(3)(i) of Exhibit A of this subpart. The State Director
may also withhold further disbursement of grant funds and prohibit the
grantee from incurring additional obligations of grant funds with
written approval of the National Office. Rural Development will allow
all necessary and proper costs which grantee could not reasonably avoid.
(1) Termination for cause. The grant agreement may be terminated
in whole, or in part, at any time before date of completion,
whenever Rural Development determines that the grantee has failed to
comply with terms of the Agreement. The State Director will notify
the grantee in writing giving the reasons for the action and inform
the grantee of its rights of appeal by use of Exhibit B-3 of 7 CFR
Part 11 and Subpart B of Part 1900 of this chapter.
(2) Termination for convenience. Rural Development or the grantee
may terminate the grant in whole, or in part, when both parties
agree that the continuation of the grant would not produce
beneficial results. The two parties will agree in writing to the
termination conditions including the effective date. No notice of
rights of appeal will be issued by Rural Development.
§ 1944.427 Grantee self-evaluation.
Annually or more often, the board of directors will evaluate their own
self-help program. Exhibit E of this subpart is provided for that purpose.
It is also recommended that they review their personnel policy, any audits
that may have been conducted and other reports to determine if they need to
make adjustments in order to prevent fraud and abuse, and meet the goals in
the current grant agreement.
26
(Revision 1)
RD Instruction 1944-I
§§ 1944.428 - 1944.449 [Reserved]
§ 1944.450 OMB Control Number
The reporting and recordkeeping requirements contained in this regulation
have been approved by the Office of Management and Budget and have been
assigned OMB control number 0575-0043. Public reporting burden for this
collection of information is estimated to vary from 10 minutes to 18 hours
per response, with an average of 1.17 hours per response including time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for reducing
this burden, to Department of Agriculture, Clearance Officer, OIRM, Room 404-
W, Washington, D.C. 20250; and to the Office Management and Budget, Paperwork
Reduction Project (OMB# 0575-0043), Washington, D.C. 20503.
Attachments: Exhibits A, B, B-1, B-2, B-3, C, D, E, F, G, H, I, J, K, L, M,
N, O & P.
oOo
27
(Revision 1)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit A
SELF-HELP TECHNICAL ASSISTANCE GRANT AGREEMENT
THIS GRANT AGREEMENT dated _________________, 19___, is between _________
_________________________________________________________________________
a nonprofit corporation (Grantee), organized and operating under
_________________________________________________________________________
(authorizing State statute)
and the United States of America acting through Rural Development, Department
of Agriculture.
In consideration of financial assistance in the amount of $______________
(called Grant Funds) to be made available by Rural Development to Grantee
under Section 523 (b) (1)(A) of the Housing Act of 1949 to be used in
(specify area to be served) ___________________________________ for the
purpose of providing a program of technical and supervisory assistance which
will aid low-income families in carrying out mutual self-help housing
efforts. Grantee will provide such a program in accordance with the terms of
this Agreement and Rural Development regulations.
Definitions:
Date of Completionmeans the date when all work under a grant is completed
or the date in the TA Grant Agreement, or any supplement or amendment
thereto, on which Federal assistance ends.
Disallowed costs” are those charges to a grant which the Rural Development
determines cannot be authorized.
Grant Closeoutis the process by which the grant operation is concluded at
the expiration of the grant period or following a decision to terminate the
grant.
Terminationof a grant means the cancellation of Federal assistance, in
whole or in part, under a grant at any time prior to the date of completion.
Terms of agreement:
(a) This Agreement shall terminate ______________ years from this date
unless extended or sooner terminated under paragraphs (e) and (f) of
this Agreement.
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit A
Page 2
(b) Grantee shall carry out the self-help housing activity described in
the application docket which is attached to and made a part of this
Agreement. Grantee will be bound by the conditions set forth in the
docket, 7 CFR Part 1944, Subpart I, and the further conditions set forth
in this Agreement. If any of the conditions in the docket are
inconsistent with those in the Agreement or Subpart I of Part 1944, the
latter will govern. A waiver of any condition must be in writing and
must be signed by an authorized representative of Rural Development.
(c) Grantee shall use grant funds only for the purposes and activities
specified in Rural Development regulations and in the application docket
approved by Rural Development including the approved budget. Any uses
not provided for in the approved budget must be approved in writing by
Rural Development in advance.
(d) If Grantee is a private nonprofit corporation, expenses charged for
travel or per diem will not exceed the rates paid Rural Development
employees for similar expenses. If Grantee is a public body, the rates
will be those that are allowable under the customary practice in the
government of which Grantee is a part; if none are customary, the Rural
Development rates will be the maximum allowed.
(e) Grant closeout and termination procedures will be as follows:
(1) Promptly after the date of completion or a decision to
terminate a grant, grant closeout actions are to be taken to allow
the orderly discontinuation of Grantee activity.
(i) Grantee shall immediately refund to Rural Development any
uncommitted balance of grant funds.
(ii) Grantee will furnish to Rural Development within 90 days
after the date of completion of the grant a Financial Status
Report, Form SF-269A. All financial, performance, and other
reports required as a condition of the grant will also be
completed.
(iii) Grantee shall account for any property acquired with
technical assistance (TA) grant funds, or otherwise received
from Rural Development.
(iv) After the grant closeout, Rural Development retains the
right to recover any disallowed costs which may be discovered
as a result of any audit.
RD Instruction 1944-I
Exhibit A
Paragraph (e) Con.
Page 3
(2) When there is reasonable evidence that Grantee has failed to
comply with the terms of this Agreement, the State Director may
determine Grantee as high risk. A high riskGrantee will be
supervised to the extent necessary to protect the Government's
interest and to help Grantee overcome the deficiencies.
(3) Grant termination will be based on the following:
(i) Termination for cause. This grant may be terminated in
whole, or in part, 90 days after a Grantee has been classified
as high riskif the State Director determines that Grantee
has failed to correct previous deficiencies and is unlikely to
correct such items if additional time is allowed. The reasons
for termination may include, but are not limited to, such
problems as:
(A) Actual TA costs significantly exceeding the amount
stipulated in the proposal.
(B) The number of homes being built is significantly less
than proposed construction or is not on schedule.
(C) The cost of housing not being appropriate for the
self-help program.
(D) Failure of Grantee to only use grant funds for
authorized purposes.
(E) Failure of Grantee to submit adequate and timely
reports of its operation.
(F) Failure of Grantee to require families to work
together in groups by the mutual self-help method in the
case of new construction.
(G) Serious or repetitive violation of any of the
provisions of any laws administered by Rural Development
or any regulation issued under those laws.
(H) Violation of any nondiscrimination or equal
opportunity requirement administered by Rural Development
in connection with any Rural Development programs.
(I) Failure to establish an accounting system acceptable
to Rural Development.
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit A
Page 4
(J) Failure to serve very low-income families.
(K) Failure to recruit families from substandard housing.
(ii) Termination for convenience. Rural Development or
Grantee may terminate the grant in whole, or in part, when
both parties agree that the continuation of the project would
not produce beneficial results commensurate with the further
expenditure of funds. The two parties shall agree upon the
termination conditions, including the effective date and, in
case of partial termination, the portion to be terminated.
(4) To terminate a grant for cause, Rural Development shall
promptly notify Grantee in writing of the determination and the
reasons for and the effective date of the whole or partial
termination. Grantee will be advised of its appeal rights under 7
CFR Part 11 and 1900, Subpart B.
(f) An extension of this grant agreement may be approved by Rural
Development provided in its opinion, the extension is justified and
there is a likelihood that the grantee can accomplish the goals set out
and approved in the application docket during the period of the
extension.
(g) Grant funds may not be used to pay obligations incurred before the
date of this Agreement. Grantee will not obligate grant funds after the
grant termination or completion date.
(h) As requested and in the manner specified by Rural Development, the
grantee must make quarterly reports, Exhibit C of this subpart (on 1/15,
4/15, 7/15 and 10/15 of each year), and a financial status report at the
end of the grant period, and permit on-site inspections of program
progress by Rural Development representatives. Rural Development may
require progress reports more frequently if it deems necessary. Grantee
must also comply with the audit requirements found in ½1944.422 of
Subpart I of 7 CFR Part 1944, if applicable. Grantee will maintain
records and accounts, including property, personnel and financial
records, to assure a proper accounting of all grant funds. These
records will be made available to Rural Development for auditing
purposes and will be retained by grantee for three years after the
termination or completion of this grant.
(i) Acquisition and disposal of personal, equipment and supplies should
comply with Subpart R of 7 CFR Part 3015 and Subpart C of 7 CFR Part
3016.
RD Instruction 1944-I
Exhibit A
Page 5
(Revision 1)
(j) Results of the program assisted by grant funds may be published by
Grantee without prior review by Rural Development, provided that such
publications acknowledge the support provided by funds pursuant to the
provisions of Title V of the Housing Act of 1949, 42 U.S.C. 1471, et
seq., and that five copies of each such publication are furnished to the
local representative of Rural Development.
(k) Grantee certifies that no person or organization has been employed
or retained to solicit or secure this grant for a commission,
percentage, brokerage, or contingent fee.
(l) Grantee shall comply with all civil rights laws and the Rural
Development regulations implementing these laws.
(m) In all hiring or employment made possible by or resulting from this
grant, Grantee: (1) will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, marital
status, national origin, age, or mental or physical handicap, and (2)
will take affirmative action to insure that applicants are employed, and
that employees are treated during employment without regard to their
race, religion, color, sex, marital status, national origin, or mental
or physical handicap. This requirement shall apply to, but not be
limited to, the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In the event Grantee signs a contract which
would be covered by any Executive Order, law, or regulation prohibiting
discrimination, Grantee shall include in the contract the Equal
Employment Clauseas specified by Rural Development.
(n) It is understood and agreed by Grantee that any assistance granted
under this Agreement will be administered subject to the limitations of
Title V of the Housing Act of 1949 as amended, 42 USC 1471 et seq., and
related regulations, and that rights granted to Rural Development in
this Agreement or elsewhere may be exercised by it in its sole
discretion to carry out the purposes of the assistance, and protect
Rural Development's financial interest.
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit A
Page 6
(Revision 1)
(o) Grantee will maintain a code or standards of conduct which will
govern the performance of its officers, employees, or agents. Grantee's
officers, employees, or agents will neither solicit nor accept
gratuities, favors, or anything of monetary value from suppliers,
contractors, or others doing business with the grantee. To the extent
permissible by State or local law, rules, or regulations such standards
will provide for penalties, sanctions, or other disciplinary actions to
be taken for violations of such standards.
(p) Grantee shall not hire or permit to be hired any person in a staff
position or as a participant if that person or a member of that person's
immediate household is employed in an administrative capacity by the
organization, unless waived by the State Director. (For the purpose of
this section, the term householdmeans all persons sharing the same
dwelling, whether related or not).
(q) Grantee's board members or employees shall not directly or
indirectly participate, for financial gain, in any transactions
involving the organization or the participating families. This includes
activities such as selling real estate, building material, supplies, and
services.
(r) Grantee will retain all financial records, supporting documents,
statistical records, and other records pertinent to this agreement for 3
years, and affirms that it is fully aware of the provisions of the
Administrative Remedies for False Claims and Statements Act, 31 USC
3801, et seq.
By_____________________ By______________________
(Signature) (Signature)
______________________ ___________________________
(Title) (Title)
GRANTEE RURAL DEVELOPMENT
oOo
RD Instruction 1944-I
Exhibit B
Evaluation Report of Self-Help Technical Assistance (TA) Grants
Evaluation for Quarter Ending: _____________(1)_______, 19 ____________
1. a. Name of Grantee: ____________________(2)________________________
b. Address: ____________________________(3)________________________
c. Area the grant serves: ______________(4)________________________
2. Date of Agreement:_________________(5)________Time Extended___(6)___
3. a. Equivalent unit increase during quarter: ______(7)______
First Month
______(8)____ _
Second Month
______(9)______
Third Month
b. Cumulative total number of Equivalent Units ______(10)_________
since beginning of grant: Total to Date
4. a. Method of Construction:
Stick built ________%, Panelized ________%, Combined _______%
b. Number of bedrooms per house built this grant period:
__________2BR, ___________3BR, 4BR ___________
c. Household size this Quarter:
1 person _________, 2 persons _________, 3 persons __________
4 persons _________, 5 persons _________
d. Number of houses under construction this grant period, but started
during previous grant period: __________________
5. a. Number of houses proposed under this grant: _______(11)______
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit B
Page 2
b. Number of houses completed under this grant: _______(12)______
c. Number of houses currently under construction: _______(13)______
d. Number of families in pre construction: _______(14)______
e. Number of Construction Supervisors: _______(15)______
f. Number of TA employees: _______(16)______
6. a. Average time needed to construct a single house: ______(17)______
b. Number of months between submission of self-
help borrower's docket and approval/rejection: _____(18)______
c. Number and percentage of loan docket rejections
during reporting period: ______(19)______
7. a. Did any of the following adversely affect the Grantee's ability
to accomplish program objectives?
YES NO
TA Staff Turnover _____________ _______________
Rural Development Staff Turnover _____________ _______________
Bad Weather _____________ _______________
Loan Processing Delays _____________ _______________
Site Acquisition and Development _____________ _______________
Unavailable Loan/Grant Funds _____________ _______________
Lack of Participants _____________ _______________
Communication between Rural Development/ _________ _______________
Grantee
8. Attach information concerning number of families contacted, number who
have indicated a willingness to be a participating family, number of
mutual self-help groups organized, progress on any construction
started, and any problems relating to the operation of this grant.
RD Instruction 1944-I
Exhibit B
Page 3
I certify that the statements made above are true to the best of my
knowledge and belief.
________(20)_________ _________(21)_________ ________(22)_______
(Date) (Title) (Signature)
GRANTEE
COUNTY OFFICE REVIEW
I have reviewed the above information which I have found to be substantially
correct. Must be completed by County Office.
Comment: Must be completed (23)
Average appraisal value of units financed this
Quarter: __________________
Average amount loan per unit financed this Quarter: _______________
________(24)____________ ___________(25)________
(Date) County Supervisor
DISTRICT OFFICE REVIEW
Comment: Must be completed (26)
_______(27)__________ _________(28)___________
Date District Director
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit B
Page 4
STATE OFFICE REVIEW
Comments: Must be completed (29)
________(30)___________ _____________(31)____________
Date State Office Representative
oOo
RD Instruction 1944-I
Exhibit B-1
Page 1
Instructions for Preparation of
Evaluation Report of Self-Help Technical Assistance Grants
Exhibit B will be used by all Technical Assistance (TA) Grantees
obtaining self-help TA grants. This attachment provides the grantee and
Rural Development a uniform method of reporting the performance progress of
self-help projects. The TA Grantee will prepare an original and 4 copies of
the attachment. The TA Grantee will sign the original and 3 copies and
forward it to the local Rural Development County Office. The TA Grantee will
keep the unsigned copy for its records.
The evaluation report will be completed in accordance with the
following:
1. Enter the date the quarter ends either March 31, June 30,
September 30, or December 31 and the year.
2. Enter the full name of the TA Grantee organization.
3. Enter the complete mailing address of the TA Grantee
organization.
4. Enter the area served by the grant.
5. Enter the date of the initial self-help TA grant agreement.
6. Enter the time of any extension self-help TA grant agreement(s).
7. Insert the number of equivalent units (EU) completed the
first/second/third month of the quarter using steps 1, 2, and
3 of Exhibit B-3.
8. Insert the number of EU's completed the second month of the
quarter by using steps 1, 2, and 3 of Exhibit B-3.
9. Insert the number of EU's completed the third month of the
quarter by using steps 1, 2, and 3 of Exhibit B-3.
10. Add items (7), (8), and (9) to the total from the previous
quarterly report to obtain the cumulative total number of EU's.
This total is the cumulative total number of EU's for the
project.
11. Enter the number of houses planned in the TA Grantee proposal(s).
12. Enter the number of houses completed and occupied since the
beginning of the grant.
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit B-1
Page 2
13. Enter the number of houses that are under construction at the end
of this quarter.
14. Enter the number of families in the pre-construction phase.
15. Enter the total number of construction supervisor(s) paid with TA
grant funds.
16. Enter the number of employees paid with TA grant funds including
those listed in item 15.
17. Insert the average elapsed time needed per house from excavation
to final inspection by Rural Development to complete construction of
a house. If no self-help homes have been completed by this grantee,
use other projects or your best estimate as a guide.
18. Enter the number of months it takes on average to approve or
reject a borrower's docket once it's submitted.
19. Enter number and percent of dockets submitted and rejected this
quarter.
20. Enter date of Exhibit submittal.
21. Insert title of the Grantee or authorized representative.
22. Signature of Grantee or authorized representative.
23. County Supervisor must answer questions concerning market value
and loan amount and also should insert comments concerning
progress of construction, success of the project and any problems
that the organization may have.
24. Insert date of County Supervisor's review.
25. Signature of County Supervisor.
26. District Director representative should insert his/her comments
concerning items listed in §1944.417(b)(1) of 1944-I.
27. Insert date of District Director review.
28. Signature of District Director or representative.
29. Insert State Office comments.
30. Insert date of State Office review.
31. Signature of State Office representative.
RD Instruction 1944-I
Exhibit B-2
BREAKDOWN OF CONSTRUCTION DEVELOPMENT FOR
DETERMINING PERCENTAGE CONSTRUCTION COMPLETED
With With With
Slab on Crawl Base-
Grade % Space % ment %
1. Excavation 3 5 6
The removal of earth to allow the construction of a foundation or
basement.
2. Footing, Foundations, columns 8 8 11
Footing: Construction of the spreading course or courses at the base
or bottom of a foundation wall, pier, or column.
Foundation: Construction of the supporting portion of a structure
below the first floor construction, or below grade, including
footing.
3. Floor slab or framing 6 4 4
The floor slab consist of concrete, usually reinforced, poured over
gravel and a vapor barrier with perimeter insulation to prevent heat
loss.
4. Subflooring 0 1 1
The installation of materials used for flooring that is laid directly
on the joist and serving the purpose of a floor during construction
prior installation of the finish floor.
5. Wall framing sheathing 7 7 6
The construction process of putting together and erecting the
skeleton parts of a building's walls (the rough lumber work) and, for
the exterior walls, covering with sheathing (plywood, waferboard,
oriented strand board or lumber) and insulating board to close up the
side walls prior to the installation of finish materials on the
surface.
6. Roof and ceiling framing, sheathing 6 6 5
The process, or method, of putting the parts of a roof, such as
truss, rafters, ridge and plates in position. Ceiling joist support
the overhead interior lining of a room. Roof sheathing is any sheet
material, such as plywood or particleboard, connected to the roof
rafters or truss to act as a base for sheathing felt, shingles or
other roof covers.
7. Roofing 5 5 4
The installation of a material that acts as a roof covering, making
it impervious to the weather, such as shingles over sheathing felt,
tile, or slate.
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit B-2
Page 2
8. Siding, exterior trim, porches 7 7 6
The installation of lumber, panel products or other materials
intended for use as the exterior wall covering including all trim.
9. Windows and exterior doors 9 9 8
The installation of all exterior windows and doors. This includes
securely fastening windows and doors plumb and level, square and true
and adjusting sash, screens and hardware for smooth and proper
operation.
10. Plumbing - roughed in 3 2 3
Subject to local codes and regulations the installation of all parts
of the plumbing system which must be completed prior to the
installation of plumbing fixtures or appliances. This includes
drain, waste, and vent piping, water supply, and the necessary built-
in fixture supports.
11. Sewage disposal 1 1 1
Subject to local codes and regulations the construction and
installation of a wastewater disposal system consisting of a house
sewer, a pretreatment unit (e.g., septic tank, individual package
treatment plant), an acceptable absorption system (subsurface
absorption field, seepage pit, or subsurface absorption bed). The
system shall be designed to receive all sanitary sewage (bathroom,
kitchen and laundry) from the dwelling, but not footing or roof
drainage. It shall be designed so that gases generated anywhere in
the system can easily flow back to the building sewer stack.
12. Heating - roughed in 1 1 1
Subject to local codes and regulations the installation of ducts
and/or piping and the necessary supports to minimize the cutting of
walls and joist. This rough in is done before finish wall and floor
installed.
13. Electrical - roughed in 2 2 2
Subject to local codes and regulations the installation of conduit or
cable and the location of switch, light, and outlet boxes with wires
ready to connect. This roughing-in work is done before the dry wall
finish is applied, and before the insulation is placed in the walls
and ceiling.
14. Insulation 2 2 2
The installation of any material used in walls, floors, and ceilings
to prevent heat transmission as required by RD Instruction 1924-A,
Exhibit D of 7 CFR of Part 1924, Subpart A.
RD Instruction 1944-I
Exhibit B-2
Page 3
15. Dry wall 8 8 7
Dry walling is covering the interior walls using sheets of gypsum
board and taped joints.
16. Basement or porch floor, steps 1 1 6
The construction of basement or porch floors and steps whether wood
or concrete.
17. Heating - finished 3 3 3
Subject to local codes and regulations the installation of registers,
grilles and thermostats.
18. Flooring covering 6 6 5
The installation of the finish flooring(the material used as the
final wearing surface that is applied to a floor). Floor covering
include numerous flooring materials such as wood materials, vinyl,
linoleum, cork, plastic, carpet and other materials in tile or sheet
form.
19. Interior carpentry, trim, doors 6 6 5
Installing visible interior finish work (molding and/or trim),
including covering joints around window and door openings. The
installation of an interior door including frames and trim.
20. Cabinets and counter tops 1 1 1
Securing cabinets and counter tops (usually requiring only fastening
to the wall or floor) that are plumb and level, square and true.
21. Interior painting 4 4 3
Cleaning and preparation of all interior surfaces and applying paint
in strict accordance with the paint manufacturer's instructions.
22. Exterior painting 1 1 1
Cleaning and preparation of all exterior surfaces and applying paint
in strict accordance with the paint manufacturer's instructions.
23. Plumbing - complete fixtures 4 4 3
Subject to local codes and regulations the installation of a receptor
or device which requires both a water supply connection and a
discharge to the drainage system, such as water closets, lavatories,
bathtubs or sinks. Also, the installation of an energized household
appliance with plumbing connections, such as a clothes washer, water
heater, dishwasher or garbage grinder.
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit B-2
Page 4
24. Electrical - complete fixtures 1 1 1
Subject to local codes and regulations the installation of the
fixtures, the switches, and switch plates. This is usually done
after the dry wall finish is applied.
25. Finish hardware 1 1 1
The installation of all the visible, functional hardware in a house
that has a finish appearance, including such features as hinges,
locks, catches, pulls, knobs, and clothes hooks.
26. Gutters and downspouts 1 1 1
The installation of a shallow channel of wood, metal, or PVC
(gutters) positioned just below and following along the eaves of the
house for the purpose of collecting and diverting water from a roof
to a vertical pipe (downspouts) used to carry rainwater from the roof
to the ground by way of a splash block or into a drainage system.
27. Grading, paving, landscaping 3 3 3
Landscaping includes final grading, planting of shrubs and trees, and
seeding or sodding of lawn areas. Final grading includes the best
available routing of runoff water to assure that house and adjacent
homes will not be endangered by the path of water runoff. The minimum
slope should be 6in 10' or 5% from the foundation of the home.
Paving includes both driveways and walks.
______________________________
100% 100% 100%
RD Instruction 1944-I
Exhibit B-3
Pre-Construction and Construction Phase Breakdown
I. General. This Exhibit will be used by Rural Development and the Grantee
in determining Grantee performance as required in §1944.417(b) of this
subpart.
II. Determining technical assistance (TA) cost per unit.
A. Equivalent units are used to measure progress at any time during the
period of the grant. It is necessary because self-help grantees have
several groups of families in various stages of progress during the
period of the grant. The following formula has been developed to
provide a more accurate method of determining progress.
FORMULA
PHASE BREAKDOWN VALUE OF EACH PHASE CUMULATIVE
(%) (%)
Pre-Construction
Phase I 10 10
Phase II 10 10
Construction
Phase III 80 21-100
B. Using the Description of Phase Breakdown as a guide, the project
staff selects the total percentage pertinent to the stage the self-help
group is in and multiplies that percentage by the number of families
(units) in the group. The result is the equivalent number of units
completed. No credit may be given for Phase I, if the application is
rejected. When this computation has been completed for each group that
falls within Phases I - III, the total number of equivalent units is
divided into the total grant funds expended to that date. The result is
the TA cost per unit at that stage of the program's progress.
C. The definition of pre-construction and construction phases described
are follows:
PRE-CONSTRUCTION
Phase I: Hold community meetings; conduct interviews; obtain house
plans; prepare cost estimates; begin search for land; submit family
applications to the lender; lender runs credit check; applications.
Lender either approves or rejects.
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit B-3
Page 2
Phase II: Organize an association of Section 502 Rural Housing eligible
families; association conducts weekly meetings at which required lender
forms are discussed and completed; house plans and land sites are
selected; outside speakers explain and discuss taxes, insurance, how to
keep a checking account how interest is computed, home maintenance,
decorating, and landscaping; etc.; completed loan dockets for each
family are submitted to the lender. Family loan dockets are reviewed
and recommendations made as to the loan amounts requested; the lender
reviews family loan dockets; preliminary title search of each proposed
building site is begun; requests loan check from Finance Office; when
check arrives, final title search is made, loan closed, checking
accounts opened, and construction begun.
Construction: The grantee will utilize Exhibit B-2 which outlines 27
construction tasks to determine the percentage of completed construction
activities.
D. The computation of equivalent units and TA costs will be computed as
follows:
Exhibit C will be used for recording the following information and
construction in this example which starts January 1.
Step 1
Both the grantee and Rural Development review the Rural Development loan
application records to determine the percentage of completion for each
family in the pre-construction phase of the program. These are Phases I
- III. Total these percentages to find the number of equivalent units
(EUs) completed at that date during pre-construction. For example, if
there are eight families in Group #2 and all have completed the 20
percent phase of preconstruction, then there would be 1.6 EUs in the
pre-construction phase of the program as of that date. Each phase must
be completed before it is considered in the calculation.
Step 2
Refer to the records of construction progress for families in the
construction Phase III. As of that date, the director totals the
percentage of completion figures for each family as followings:
Askew: .45
Whited: .40
Martinez: .40
Gonzalez: .38
RD Instruction 1944-I
Exhibit B-3
Page 3
Sherry: .34
Duran: .33
Johnson: .13
Harvey: .31
2.92 EUs
Total production in the construction phase is therefore 2.92 EUs as of
that date.
Step 3
Add the pre-construction and construction subtotals together:
Pre-construction 1.60
Construction 2.92
Total EUs 4.52
This provides the total EUs of production during the first three months
of operation. Steps 1, 2, and 3 will be used to complete items 7, 8 and
9 of Exhibit B of this subpart.
III. Preparation:
Compile Exhibit B of this subpart in an original and four copies. The
exhibit will be signed by the TA Grantee. Submit the original and three
copies of the exhibit quarterly to Rural Development County Office on or
before January 15, April 15, July 15, and October 15, of each year for the
quarters ending March 31, June 30, September 30, and December 31 of each
year. The District Director will keep the original and forward two copies to
the State Office. The State Office will forward one copy to the National
Office. The State Office will prepare information concerning TA grants
closed within 30 days of the end of a quarter on the next quarterly report.
oOo
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit C
Amendment
to
Self-Help Technical Assistance Grant Agreement
This Agreement dated,_________________ 19_______between__________________
_________________________________________________________________________
a nonprofit corporation (Grantee), organized and operating under
____________________________________ and the United States of America
(authorizing State Statute)
acting through the Rural Development, Department of Agriculture (Rural
Development), amends the Self-Help Technical Assistance Grant Agreement
between the parties dated _________________ 19________, (Agreement).
The Agreement is amended by providing additional financial assistance in the
amount of ________________to be made available by Rural Development to
Grantee pursuant to Section 523 of Title V of the Housing Act of 1949 for the
purpose of assisting in providing a program of technical and supervisory
assistance which will aid low-income families in carrying out mutual self-
help housing efforts; or
The Agreement is amended by changing the completion date specified in
covenant 1 from _____________to ___________ and by making the following
attachments to this amendment: (List and identify proposal and any other
documents pertinent to the grant.)
Agreed to this____________day of ___________19________.
______________________
(Name of Grantee)
By____________________
(Signature)
______________________
(Title)
UNITED STATES OF AMERICA
By_____________________
(Signature)
_______________________
(Title)
RURAL DEVELOPMENT
oOo
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit D
SELF-HELP TECHNICAL ASSISTANCE GRANT PREDEVELOPMENT AGREEMENT
THIS GRANT PREDEVELOPMENT AGREEMENT dated, _____________________________
19 ___, is between _____________________________________________________
a nonprofit corporation (Grantee), organized and operating under
________________________________________________________________________
(authorizing State statute)
and the United States of America acting through the Rural Development,
Department of Agriculture.
In consideration of financial assistance in the amount of $______________
(“Grant Funds) to be made available by Rural Development to Grantee under
Section 523 (b)(1)(A) of the Housing Act of 1949 to be used in (specify area
to be served) _____________________________________ for the purpose of
developing a program of technical and supervisory assistance which will aid
low-income families in carrying out mutual self-help housing efforts, Grantee
will provide such a program in accordance with the terms of this Agreement
and Rural Development regulations.
Grant funds will be used for authorized purposes as contained in §1944.410(d)
of 7 CFR Part 1944, Subpart I, as necessary, to develop a complete program
for a self-help TA grant. This will include recruitment, screening, loan
packaging and related activities for prospective self-help participants.
Agreed to this ____________________________ day of _____________________
19 _____.
(Name of Grantee)
By_____________________
(Signature)
______________________ (Title)
UNITED STATES OF AMERICA
By_____________________
(Signature)
_______________________
(Title)
RURAL DEVELOPMENT
oOo
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit E
Page 1
(Revision 1)
GUIDANCE
FOR RECIPIENTS OF
SELF-HELP TECHNICAL ASSISTANCE GRANTS
(SECTION 523 OF HOUSING ACT OF 1949)
7 CFR Part 1944, Subpart I provides the specific details of this grant
program. The following is a list of some functions of the grant recipients
taken from this subpart. With the list are questions we request to be
answered by the recipients to reduce the potential for fraud, waste,
unauthorized use or mismanagement of these grant funds. We suggest the Board
of Directors answer these questions every six months by conducting their own
review. Paid staff should not be permitted to complete this evaluation.
A. Family Labor Contribution
1. Does your organization maintain a list of each Yes No
family and a running total of hours worked (when
and on what activity)?
2. Are there records of discussions with participating Yes No
families counseling them when the family contribution
is falling behind?
3. Are there obstacles which prevent the family from Yes No
performing the required tasks?
B. Use of Grant Funds
1. Were grant funds used to pay salaries or other Yes No
expenses of personnel not directly associated with
this grant?
2. Were grant funds used to pay for construction Yes No
work for participating families?
3. Were all purchases or rentals (item and cost) Yes No
of office equipment authorized?
4. Are all office expenses authorized by 7 CFR Part 1944, Yes No
Subpart I?
5. Was a record of long distance telephone calls Yes No
maintained and was that log and telephone checked?
6. Was all travel and mileage incurred for official Yes No
business and properly authorized in advance?
7. Were mileage and per diem rates within authorized Yes No
levels?
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit E
Page 2
(Revision 1)
8. Were participating families charged for use of Yes No
tools?
9. Were grant funds expended to train grant personnel? Yes No
10. Was training appropriate for the individual trainee? Yes No
11. Were any technical or consultant services obtained Yes No
for participating families?
12. Were the provided technical or consultant services Yes No
appropriate in type and cost?
C. Financial Responsibilities
1. Does each invoice paid by the grant recipient match Yes No
the purchase order?
2. Does each invoice paid by the borrower and Rural Yes No
Development match the purchase order?
3. Were purchases made from the appropriate vendors? Yes No
4. Are the invoices and itemized statements totaled Yes No
for materials purchased for individual families?
5. Is there a record of deposits and withdrawals to Yes No
account for all loan funds?
6. Are checks from grant funds signed by the Board Yes No
Treasurer and Executive Director?
7. Are grant funds deposited in an interest bearing Yes No
account?
8. Are checks from loan funds prepared by the grant Yes No
recipient for the borrower's and lender's signature?
9. Are checks from loan funds accompanied by accurate Yes No
invoices?
10. Are any borrower loan funds including interest, Yes No
deposited in grantee accounts?
11. Are checks from loan funds submitted to Rural Yes No
Development more often than once every 30 days?
12. Is the reconciliation of bank statements for both Yes No
grant and loan funds completed on a monthly basis?
RD Instruction 1944-I
Exhibit E
Page 3
13. If the person who issues the checks also reconciles Yes No
them, does the Executive Director review this activity?
14. Are materials purchased in bulk approved by the Yes No
Executive Director?
15. Was the amount of materials determined by both the Yes No
Executive Director and construction staff?
16. Were any participating families consulted about the Yes No
purchase of materials?
17. Were savings accomplished by the bulk purchase method? Yes No
18. Did the Executive Director review the purchase Yes No
order and the ultimate use of the materials?
19. Are materials covered by insurance when stored by Yes No
grantee?
D. Reporting
1. Are Requests for Advance or Reimbursementmade Yes No
once monthly to the Rural Development District Office?
2. Has the grant recipient engaged a certified public Yes No
Accountant (CPA) or CPA firm to review their
operations on a regular basis: (Annually is preferable
but every two years and at the end or the grant period
are requirements)?
3. Are the quarterly evaluation reports submitted on Yes No
time to the County Supervisor?
What, if any, problems exist that need to be corrected for effective
management of the grant project?
____________ _____________________________
Date President, Board of Directors
(Period covered by report______________)
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit E
Page 4
ANSWER KEY
The following answers should help your organization in assessing its
vulnerability to fraud, waste, and abuse. You should take actions to correct
practices that now generate an answer different from the key.
Question Answer
A. 1 yes
A. 2 yes
A. 3 yes
B. 1 no
B. 2 no
B. 3 yes
B. 4 yes
B. 5 yes
B. 6 yes
B. 7 yes
B. 8 no
B. 9 yes
B. 10 yes
B. 11 yes
B. 12 yes
C. 1 yes
C. 2 yes
C. 3 yes
C. 4 yes
C. 5 yes
C. 6 yes
C. 7 no
C. 8 yes
C. 9 yes
C. 10 no
C. 11 no
C. 12 yes
C. 13 yes
C. 14 yes
C. 15 yes
C. 16 yes
C. 17 yes
C. 18 yes
C. 19 yes
D. 1 yes
D. 2 yes
D. 3 yes
oOo
RD Instruction 1944-I
Exhibit F
Page 1
Site Option Loan to Technical Assistance
Grantees
I. Objectives. The objective of a Site Option (SO) loan under Section
523(b)(1)(B) of Title V of the Housing Act of 1949 is to enable technical
assistance (TA) grantees to establish revolving fund accounts to obtain
options on land needed to make sites available to families that will build
their own homes by the self-help method. An SO loan will be considered only
when sites cannot be made available by other means including a regular Rural
Housing Site (RHS) loan.
II. Eligibility requirements. To be eligible for an SO loan, the applicant
must be a TA grantee that is currently operating in a satisfactory manner
under a TA grant agreement. If the SO loan applicant has applied for TA
funds but is not already a TA grantee and it appears that the TA grant will
be made, the SO loan may be approved but not closed until the TA grant is
closed.
III. Loan purposes. Loans may be made only as necessary to enable eligible
applicants to establish revolving accounts with which to obtain options on
land that will be needed as building sites by self-help families
participating in the TA self-help housing program. Loans will not be made to
pay the full purchase price of land but only for the minimum amounts
necessary to obtain an option from the seller. The option should be for as
long as necessary but in no case should the option be for less than 90 days.
IV. Limitations.
(A) If the amount of an SO loan will exceed $10,000, the prior consent
of the National Office shall be obtained before approval.
(B) The amount of the SO loan should not exceed 15 percent of the
purchase price of the land expected to be under option at any one time,
unless a higher percent is authorized by the State Director when other
land is not available or the particular area requires more down payment
than elsewhere or similar circumstances exist.
(C) Form RD 440-34, “Option to Purchase Real Property,will be used
without modification in all cases for obtaining options under this
subpart.
(D) The limitations of §1822.266(b)(1) and (2) of Subpart F of Part
1822 of this chapter (RD Instruction 444.8, paragraphs VI B(1) and (2))
concerning land purchase will apply to options purchased under this
subpart.
V. Rates and terms.
(A) Interest. Loans will be made at an interest rate of 3 percent.
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit F
Page 2
(B) Repayment period. Each SO loan will be repaid in one installment
which will include the entire principal balance and accrued interest.
The maximum repayment period for each SO loan will be the applicant's
remaining TA grant funding period.
(1) A shorter repayment period will be established if SO funds will
not be needed for the entire TA grant funding period.
(2) If a regular RHS loan is to be processed, the SO loan should be
scheduled for repayment when RHS loan funds will be available to
purchase the land and repay the amount of SO funds advanced on the
option, unless SO loan funds will still be needed to purchase other
options. Under no circumstances, however, will the repayment period
exceed the applicant's remaining TA grant funding period.
VI. Processing application.
(A) Form of application: The application for assistance will be in the
form of a letter to the Rural Development County Supervisor having
jurisdiction over the area of the proposed site to be optioned. The
letter will be signed by the applicant or its authorized representative
and contain, as a minimum, the following information:
(1) A copy of the proposed option that shows a legal description of
the land, option price, purchase price, and terms of the option. If
more than one site is to be purchased, a schedule of the proposed
options should be included.
(2) Information to verify that a regular RHS loan cannot be
processed in time to secure the option.
(3) Proposed method repayment of the SO loan.
(4) Resolution from the applicant's governing body authorizing the
application for an SO loan from Rural Development.
(B) Responsibility of the County Supervisor. Upon receipt of an SO
loan application, the County Supervisor will:
(1) Determine whether the applicant is eligible. If the applicant
is not eligible, or the loan cannot be made for other reasons, the
application may be rejected by the County Supervisor with the
concurrence of the District Director. The reasons for the rejection
should be clearly stated and provided, in writing to the applicant.
The applicant will have the right to have the decision reviewed
following the procedure established in 7 CFR Part 11 and
RD Instruction 1944-I
Exhibit F
Page 3
(Revision 1)
Subpart B of Part 1900 of this chapter.
(2) Review and verify the accuracy of the information provided.
(3) Make an inspection and a memorandum appraisal of each proposed
site as is. The appraisal will include a narrative statement as
to whether the site has been recently sold, verify that the seller
is the owner of the property, and indicate whether the purchase
price is acceptable based on the selling price of similar properties
in the area.
(4) Indicate whether or not it appears that, considering the
location and cost of development, adequate building sites can be
provided at reasonable costs.
(5) If the option is for a tract of land on which 5 or more sites
are proposed, the County Supervisor will forward to the District
Director with recommendations as defined in § 1924.119 of Subpart C
of Part 1924 of this chapter.
(6) If approval is recommended, prepare and have the applicant
execute Form RD 1940-1, Request for Obligation of Funds,for the
amount needed. Copies of the form will be distributed as provided
in the Forms Manual Insert (FMI).
(7) Forward the SO loan application and the applicant's TA
application or TA docket to the State Director. The submission will
include the appraisal report and the County Supervisor's comments
and recommendations.
VII. Loan approval authority and State Office actions. The State Director
is authorized to approve SO loans developed in accordance with this Exhibit.
The approval or disapproval of the loan will be handled in the same manner as
provided in § 1822.272 of Subpart F of Part 1822 of this chapter (RD
Instruction 444.8, paragraph XII). SO loans will be established in Automated
Multiple Housing Accounting System (AMAS) using Form RD 3560-51, Multiple
Family Housing Obligation Fund Analysis. The Issue loan/Grant checks
transaction will be used to request a check for SO loans. (Revised 02-24-05,
SPECIAL PN.)
VIII. Loan closing.
(A) General. Loan closing instructions will be provided by the Office
of the General Counsel (OGC) to assure that the Promissory Note is
properly completed and executed. The County Supervisor may then close
the loan.
(11-15-90) SPECIAL PN
RD Instruction 1944-I
Exhibit F
Page 4
(Revision 1)
(B) Security for the loan. The loan will be secured by a Promissory
Note properly executed by the grantee using Form RD 1940-16, Promissory
Note. A lien on the optioned real estate will not be taken.
(1) The kind of loanblock on the note will read SO loan.
(2) The note will be modified to show that the only installment on
the loan will be the final installment.
(C) Loan is closed. The loan will be considered closed when the note
is executed and the loan check delivered to the grantee.
IX. Establishment of SO loan revolving account.
(A) Supervised bank accounts will not be used for SO loans.
(B) Grantee will deposit SO loan funds in a depository institution of
its choice. The use of minority institutions is encouraged. Such funds
will remain separate from any other account of the grantee and shall be
established as an SO revolving account.
(C) Checks drawn on the revolving account will be for the sole purpose
of purchasing land options and must be signed by at least two authorized
officials of the grantee who have been properly bonded in accordance
with § 1944.411(e) and (g) of this subpart.
(D) Grantees will not expend funds for any options until the site and
the option form have been reviewed and approved by the County
Supervisor.
(1) SO funds will not be left unused in the revolving account in
excess of 60 days.
(2) If the funds are not used for the intended purpose within the
60 days specified above, the unused portion will be refunded on the
account.
(E) When funds become available for repayment of the SO loan, such
funds will be deposited in the revolving account for the purchase of
additional site options if needed. If such funds are not needed to
purchase more options, they will be applied on the SO loan.
X. Source of funds.
SO loans will be funded from the self-help housing land development
fund.
oOo
RD Instruction 1944-I
Exhibit G
Page 1
(Added 12-12-19, PN 532)
APPLICATION PROCESSING CHECKLIST - NEW CONSTRUCTION
Description of Documents
Form/
Instruction
Number
Tab
Position
Date
Received/Comments
(1) Application for
Federal Assistance Non-
Construction Programs
Including
Intergovernmental Review
Response (as available)
Form SF-424
1944.410(e)
(2) Waiting List of
Participants
1944.410(e)(1)
(3) Proof that the
participants in the
first group have
qualified for assistance
1944.410(e)(2)
(4) Lot options for
first group
1944.410(e)(3)
(5) Evidence of lot
availability for
remaining groups
1944.410(e)(3)
(6) House plans,
specifications and
detailed cost estimates
1944.410(e)(4)
(7) Staffing needs and
hiring schedule
1944.410(e)(5)
(8) Authorized
representative of
applicant
1944.410(e)(6)
(9) Budget Information
Non-Construction
Programs
Form SF-424A &
Budget Narrative
1944.410(e)(7)
(10) Indirect or direct
cost policy and proposed
indirect cost rate
1944.410(e)(8)
(11) Monthly activities
schedule
1944.410(e) (10)
(12) Personnel
practices and procedures
1944.410(e)(9)
(13) Authorizing
resolution
1944.411(d)
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit G
Page 2
(Added 12-12-19, PN 532)
Description of Documents
Form/
Instruction
Number
Tab
Position
Date
Received/Comments
(14) Assurance Agreement
Form RD 400-4
1944.411(d)
(15) Fidelity Bond
Coverage
1944.411(e)
(16) Evidence of interest-
bearing
checking account and
a statement o
f interest
repayment (as applicable)
1944.411(g)
(17) Group and/or
Participation Agreem
ent
including Exhibit B
-2 of
1944-I
1944.411(h)
(18) Request for Obligation
of Funds
Form RD 1940-l
1944.412
(19) Self-Help Technical
Assistance Grant Agreemen
t
Exhibit A of
1944-I
1944.412
(20) Certification Regarding
Drug
- Free Workplace
Form AD-1049
RD Inst. 1940-
M, §1940.606
(b)(2)
(21) Certification Regarding
Debarments, Suspension, and
other Responsibility Matters
Form AD-1047
RD Inst.
1940-M,§
1940.606(b)(1)
(22) Certification Regarding
Lobbying
Exhibit A-1 of
RD Inst. 1940-
Q
and §1940.810
(23) Statement of Compliance
with 2 CFR 200 Part 400 &
416 if a State or Local
government; or Part 400 &
415 if a non-profit
1944.411(c)
(24) Assurances Non-
Const
ruction Programs
Form SF-424B
1944.411(f)
(25) Rural Development’s
Recomm
endation
*Do Not Pay (Checked at
submission and again prior
to closing)
1944.410(b)
1940-M
§1940.606(b)
RD Instruction 1944-I
Exhibit G
Page 3
(Added 12-12-19, PN 532)
Description of Documents
Form/
Instruction
Number
Tab
Position
Date
Received/Comments
(26) T&MA Contractors
Review and Recommendation
Required Under
National
Office T&MA
Contractor
(27) National Office Review
1944.415(a)
(28)_Narrative Statement
(a) Amount of request
(b) Areas served
(c) Number of houses
proposed
(d)
Housing conditions of
low-income families
(e) Need for self-help
housing
(f)
Evidence of Community
Support
1944.410(a)(4)
(29) Current Financial
Statements for Applicant and
any Sponsor
1944.410(a)(3)
(30) Outreach Plan for very
l
ow- Income
1944.410(a)(5)
(31) HUD Affirmative Fair
Hou
sing Marketing Plan
(AFHM)
HUD Form 935.2
1944.410
(a)(10)
(32) Determination of TA
Grant Amount
1944.407
(33) Intergovernmental
Review Submittal
1944.409
(34) Civil Rights Impact
Analysi
s Certification
Form RD
2006-38
2006-P,
§2006.754(b)
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit G
Page 4
(Added 12-12-19, PN 532)
Description of Documents
Form/ Instruction
Number
Tab
Position
Date
Received/Comments
(35) Compliance Review
(Pre-award)
Form RD 400-8 RD
Inst.1901-E,
§1901.204(a) &
§1901.204 (c)(3)
(36) OGC Review (if
necessary)
§1944.410(b)(2)
(37) Previous Experience §1944.410(a)(1)
(38) Organizational
Documents
(a) Reference to
State Law
(b) Certified copies
of Articles of
Incorporation and
Bylaws, or other
evidence of corporate
existence
(c) Certificate of
incorporation for other
than public bodies
(d) Evidence of Good
Standing from the State
(e) Names and
addresses of Board of
Directors, officers and
members (plus principal
business of any member
that is an
organization)
(f) Evidence of
nonprofit status
§1944.410(a)(2)
§1944.404(d)(1-4)
Applicants and existing Self-Help grantees applying for a new grant should
submit their applications in an original & one copy containing the above
applicable items to the Technical and Management Assistance (T&MA)
Contractor for review. The T&MA Contractor will make a recommendation &
submit the package to the State Office within 15 calendar days. Within
thirty (30) days of the agency’s receipt of the application, the designated
official will review the application for completeness, accuracy &
conformance to program policy and regulations. The designated official
should then make a recommendation & forward along with a copy of the
grantee’s package to the National Office.
oOo
RD Instruction 1944-I
Exhibit H
Page 1
(Added 12-12-19, PN 532)
SAMPLE TECHNICAL ASSISTANCE CALCULATIONS
Requested Grant Amount = $500,000 ($23,810 X 21 = $500,010)
Method A Method B
Equivalent Value of modest Average mortgage of participating
homes built in area: $160,000 families $134,000 minus $1,000
Number of homes built under
the grant proposal: 21
Max allowed TA cost per
House ($160,000 X 15%): $24,000
Requested TA per house: $23,810
Actual Percentage of
equivalent value: 14.88%
(TA cost equivalent per unit
of no more than 15% of modest
home built in the area)
------------------------------------------------------------------------
Calculation A Calculation B
Grant amount: $500,000 Average Mortgage of families
No. of homes built: ÷ 21 $134,000
Requested TA amount $23,810*
Equivalent Value of modest
home built in area: ÷$160,000
Percent of equivalent value = 14.88%
------------------------------------------------------------------------
Equivalent Value of modest Equivalent Value of modest
home built in area: $160,000 home built in area:
15% of Equivalent Value x 15% $160,000
Maximum allowed TA cost: $24,000 -$134,000 (Average Mortgage)
$ 26,000
-$ 1,000
$ 25,000 (Difference*)
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit H
Page 2
(Added 12-12-19, PN 532)
*The requested TA amount of $23,810 does not exceed the difference ($25,000)
between the Equivalent Value of a modest home built in the area and the
Average Mortgage of participating families, minus $1,000.
oOo
RD Instruction 1944-I
Exhibit I
Page 1
(Added 12-12-19, PN 532)
REHABILITATION PROGRAMS
APPLICATION/RE-APPLICATION/AMENDMENT CHECKLIST
Description of
Documents
Comment
Form/
Instruction
Number
Tab
Position
Date
Received/
Comments
(1) Application for
Federal Assistance Non-
Construction Programs
Including Inter-
governmental Review
submittal, if
applicable
N/A- For Grant
Amendment
Form SF-424
§1944.410(e)
(2) Waiting List of
Participants
In Addition to
Name, Contact, &
demographic info-
Include Property
Address(es) if
Identified,
Anticipated Loan
Amount and Source
of Funding
§1944.410(e)
(1)
(3) Proof that
approximately 10% of
the participants have
qualified for
assistance
RD HB Letter 16
or 3
rd
Party
Funding Source
Approval Document
§1944.410(e)
(2)
(4) Lot options for
first group
N/A- See Waiting
List
§1944.410(e)
(3)
(5) Evidence of lot
availability for
remaining groups
Provide Listing
of Identified
Potential Program
Homes for Sale in
Service Area
§1944.410(e)
(3)
(6) House plans,
specifications and
detailed cost estimates
Describe How the
Home Inspection,
Work Order List,
Cost Estimating,
and Contractor
Selection Process
will be Completed
and Documented.
§1944.410(e)
(4)
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit I
Page 2
(Added 12-12-19, PN 532)
Description of
Documents
Comment
Form/
Instruction
Number
Tab
Position
Date
Received/
Comments
(7) Staffing needs and
hiring
schedule
N/A- Grant
Amendment Unless
Changed from
Original
Application
§1944.410(e)(5)
(8) Authorized
representative of
applicant
N/A- Grant
Amendment
§1944.410(e)(6)
(9) Budget Information
Non-Construction
Programs
Not Required in
No-Cost Amendment
Requests
Form SF-424A &
Budget Narrative
1944.410(e)(7)
(10) Indirect or
direct cost policy and
proposed indirect cost
rate approval
N/A- Grant
Amendment Unless
Changed from
Original
Application
1944.410(e)(8)
(11) Monthly
activities schedule
Should be Updated
with all Amendment
Requests
1944.410(e)(10)
(12) Personnel
practices and
procedures
N/A- Grant
Amendment
1944.410(e)(9)
(13) Authorizing
resolution
Should be Received
for Amendment
Requests
1944.411(d)
(14) Assurance
Agreement
N/A- Grant
Amendment
Form RD 400-4
1944.411(d)
(15) Fidelity Bond
Coverage
N/A- Grant
Amendment
1944.411(e)
(16) Evidence of
interest-bearing
checking account and a
statement of interest
repayment
N/A- Grant
Amendment
1944.411(g)
(17) Group and/or
Participation
Agreement including
Exhibit B-2 of 1944-I
Describe how labor
hours will be
tracked and how
cost savings to
the family is
being calculated;
Exhibit B-2 not
applicable
1944.411(h)
RD Instruction 1944-I
Exhibit I
Page 3
(Added 12-12-19, PN 532)
Description of
Documents
Comment
Form/
Instruction
Number
Tab
Position
Date
Received
/
Comments
(18) Request for
Obligation of Funds
Only if Amendments
Request is For-
Cost
Form RD 1940-l
1944.412
(19) Self-Help
Technical Assistance
Grant Agreement
Amendment to Self-
Help Technical
Assistance Grant
Agreement
Exhibit A of
1944-I
§1944.412
(20) Certification
Regarding Drug-Free
Workplace
N/A- Grant
Amendment
Form AD-1049
RD Inst. 1940-M,
§1940.606(b)(2)
(21) Certification
Regarding Debarments,
Suspension, and other
Responsibility
Matters
N/A- Grant
Amendment
Form AD-1047
RD Inst.1940-M,
§1940.606(b)(1)
(22) Certification
Regarding Lobbying
N/A- Grant
Amendment
Exhibit A-1 of
RD Inst. 1940-Q
and §1940.810
(23) Statement of
Compliance
with 2 CFR 200 Part
400 & 416 if a State
or Local government;
or Part 400 & 415 if
a non-profit
N/A- Grant
Amendment
§1944.411(c)
(24) Assurances Non
Construction Programs
N/A- Grant
Amendment
Form SF-424B
§1944.411(f)
(25) Area Director
Recommendation
*DNP Portal
Verification (Checked
at submission and
again prior to
closing)*
Always required
1944.410(b)
1940-M
§1940.606(b)
(26) T&MA Contractor
Review and
Recommendation
Always required
Required Under
National
Office T&MA
Contractor
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit I
Page 4
(Added 12-12-19, PN 532)
Description of Documents
Comment
Form/
Instruction
Number
Tab
Position
Date
Received/
Comments
(27) National Office
Review (if over $300,000
or if amount of new
grant plus unexpended
funds from previous
grant total $400,000)
All For-Cost
Amendments
are Funded at
the National
Office
§1944.415(a)
In addition to the above information, existing grantees submitting an
application for a new grant should also provide the following information as
part of a complete application. If this information was already provided in the
pre-application of a new grantee, they will not be required to duplicate this
information:
(28) Narrative Statement
(a) Amount of request
(b) Areas served
(c) Number of houses
purposed
(d) Housing conditions
of low income
Families.
(e) Need for self-help
housing
(f) Evidence of
Community support
Rehab
Narrative
Statements
Should Also
Include
1. Rehab
Policies and
Procedures
2. Min/Max
rehab $ per
home
3. Relocation
Policy, if any
§1944.410(a)(4)
(29) Current Financial
Statements for Applicant
and any Sponsor
Updated
Financial
Statements as
applicable for
Amended
Request
§1944.410(a)(3)
(30) Outreach Plan for
very low-Income
N/A- Grant
Amendment
§1944.410(a)(5)
(31) HUD Affirmative
Fair Housing Marketing
Plan (AFHMP)
N/A- Grant
Amendment
HUD Form 935.2
§1944.410(a)
(10)
(32) Determination of TA
Grant Amount
Include the
Projected
Average Cost
Savings for
Families
§1944.407
(33) Intergovernmental
Review Submittal, if
applicable
N/A- Grant
Amendment
§1944.409
RD Instruction 1944-I
Exhibit I
Page 5
(Added 12-12-19, PN 532)
Description of Documents
Comment
Form/
Instruction
Number
Tab
Position
Date
Received/
Comments
(34) Civil Rights Impact
Analysis Certification
N/A- Grant
Amendment
Form RD 2006-38
2006-P,
§2006.754(b)
(35) Compliance Review
(Pre-award)
N/A- Grant
Amendment
Form RD 400-8
RD Inst.1901-E,
§1901.204(a) and
1901.204(c)(3)
(36) OGC Review (if
necessary)
N/A- Grant
Amendment
1944.410(b)(2)
(37) Previous Experience
N/A- Grant
Amendment
1944.410(a)(1)
(38) Organizational
Documents
(a)Reference to State
Law
(b)Certified copies of
Bylaws and Articles of
Incorporation, or other
evidence of corporate
existence
(c)Certificate of
incorporation for other
than public bodies
(d)Evidence of Good
Standing from t
he State
(e)Names and addresses
of Board of Directors,
officers and members
(plus principal business
of any member that is an
organization)
(f) Evidence of
nonprofit status
N/A- Grant
Amendment
1944.410(a)(2)
1944.404(d)(1-4)
Applicants and existing Self-Help grantees applying for a new grant should submit their
applications in an original and one copy containing the above applicable items to the
Technical and Management Assistance (T&MA) Contractor for review. The T&MA Contractor will
make a recommendation and submit the package to the State Office within 15 calendar days.
Within thirty (30) days of receipt of the application, the designated official will review
the application for completeness, accuracy and conformance to program policy and
regulations. The designated official should then make a recommendation and forward along
with a copy of the grantee’s package to the State Director. The State Office will issue a
Letter of Conditions to the Grantee subject to: (1) review of the application package by
the National Office, if applicable and (2) subject to submission of any additional items
not included with the application.
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit J
Page 1
(Added 12-12-19, PN 532)
LETTER OF CONDITIONS APPLICATION REVIEW
Grantee Name and Address
Re: Self-Help Technical Assistance Grant {AMOUNT}
Dear {CONTACT PERSON}:
A review has been made of the items submitted in connection with your
application for a Section 523 Mutual Self-Help grant to your organization.
Based on your submittal of items required listed under 7 CFR 1944.410(e)(1)
through (10), your application package is determined complete and grant
approval can be considered.
This letter establishes conditions which must be understood and agreed to
before your grant is approved. The amount of this grant is based upon the
construction of {PROPOSED NUMBER OF HOUSES TO BE BUILT} houses. Please
provide the following information to Rural Development within 30 days so that
your grant can be approved. The items are as follows:
1. A signed statement from the Board of Directors stating the applicant has
or can hire, or contract directly or indirectly with qualified people to
carry out its responsibilities in administering the grant.
2. Provide a copy of the resolution adopted by (The Board of Directors or
other Governing Body if public body) authorizing the appropriate official
to execute Exhibit A, “Self-Help Technical Assistance Grant Agreement” of
7 CFR Part 1944, subpart I and Form RD 400-4, “Assurance Agreement”.
3. Provide a completed SF-424B, “Assurances Non-Construction Programs,”
agreeing to establish a recordkeeping system that a certified public
accountant will certify as meeting the requirements of the Grant
Agreement.
4. By grant closing, {UNLESS EXEMPTED BY 2 CFR 200 §200.305(b)(8)} you must
establish an interest-bearing checking account on which two or more bonded
employees will sign checks. Any interest earned in excess of $500
annually must be submitted to Rural Development quarterly. (The use of
minority depository institutions is encouraged.)
5. Provide a copy of the agreement which will be signed by you and the self-
help participants setting forth exactly what is expected of each and
incorporates Exhibit B-2 of 7 CFR Part 1944, subpart I, clearly showing
what labor tasks are required by the participating families.
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit J
Page 2
(Added 12-12-19, PN 532)
6. Certify on Exhibit A of 1940-Q and §1940.810 (certification regarding
lobbying) that you comply with the provisions therein.
7. Certify by signing Form AD-1049, Certification Regarding Drug-Free
Workplaceand Form AD-1047, Certification Regarding Debarment,
Suspension, and Other Responsibility Matters Primary Covered
Transactionsthat you will comply with the provisions of 2 CFR Part 200,
Parts 400 and 416 if a State or Local government; or Part 400 and 415 if a
non-profit. Provide a copy of the statement given all employees in
accordance with Appendix C of Part 400. All persons/entities doing
business with you must sign Form AD-1048, Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier
Covered Transactions”.
8. You are encouraged to utilize the Technical and Management Assistance
Regional Contractor ({INSERT NAME AND ADDRESS}) for any needed technical
assistance in complying with these requirements.
9. {ADD ANY ADDITIONAL REQUIREMENTS}
[Note: If the grant will be closed ‘subject to’ any item(s) the final LOC
should begin with the following language instead of the above.]
A review has been made of the items submitted in connection with your
application for a Section 523 Mutual Self-Help grant to your organization.
Based on your submittal of items required listed under 7 CFR 1944.410(e)(1)
through (10), your application package is determined complete and the amount
of this grant is based upon the construction of {PROPOSED NUMBER OF HOUSES TO
BE BUILT} has been approved.
This letter establishes conditions which must be understood and agreed to in
conjunction with the grant requirements outlined in 1944-I Exhibit A ‘Self-
Help Technical Assistance Grant Agreement.’ This grant is being closed
subject to the following conditions which, if not met, may result in the
denial of grant draw request and potential termination of the grant:
1. {LIST CONDITIONS WITH TIMEFRAMES FOR COMPLETION.}
If you have any questions concerning these conditions, please contact Rural
Development for assistance at {SERVICING OFFICE TELEPHONE NUMBER}.
Sincerely,
Rural Development Authorized Official
Attachments
cc: Appropriate T&MA Contractor
Appropriate Rural Development Offices
RD Instruction 1944-I
Exhibit K
Page 1
(Added 12-12-19, PN 532)
Evaluation Report of Rehabilitation Self-Help Technical Assistance (TA) Grants
Evaluation for Quarter Ending ____ (1) ______, 20__
1. a. Name of Grantee: _________ (2) _________________________
b. Address: ___________ (3) _______________
c. Area the grant serves: _______ (4) ____________
d. TA Employees (number of and positions held): ____ (5) __________________
____________________________________________________________________________
2. Date of Agreement: _______ (6) _________ Time Extended _____ (7) _________
3. a. Equivalent unit increase during quarter:
_________________________________ (8) _______________________________________
First Month
_________________________________ (9) ______________________________________
Second Month
_________________________________ (10) ______________________________________
Third Month
b. Cumulative total number of Equivalent Units since beginning of grant:
______________________________ (11) ____________________________________
4. a. Method of Rehabilitation: Acquisition_(12)_, Owner Occupied _(13)__,
b. Average construction investment this quarter:
_________________ (14) ______________________________________________________
b1. Average construction investment for the grant cycle:
_________________(15)________________________________________________________
c. Average cost savings to participant this quarter:
_________________(16)________________________________________________________
c1. Average cost savings to participants for the grant cycle:
___________(17)______________________________________________________________
5.a. Number of houses/EU completed in this grant cycle:
__________(18)_________________________________________________________________
b. Number of houses/EU under rehab this grant cycle, but started during
previous grant:
_________________(19)__________________________________________________________
c. Number of houses/EU currently under rehab:
___________(20)________________________________________________________________
d. Number of families in pre-rehab phase:
___________(21)________________________________________________________________
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit K
Page 2
(Added 12-12-19, PN 532)
6.a. Average time needed to complete rehab project:
___________(22)___________________________________________________________
b. Length of time between submission of Rehab borrowers docket and
approval/rejection and/or list third party funding sources being utilized:
_________(23)___________________________________________________________
c. Number and percentage of loan docket rejections during reporting period:
_________(24)___________________________________________________________
7. Did any of the following adversely affect the Grantee's ability to
accomplish program objectives (attach narrative as needed)? (25)
YES
NO
TA Staff Turnover
RD Staff Turnover
Bad Weather
Loan Processing Delays
Rehab Home Acquisition and Development
Unavailable Loan/Grant Funds
Lack of Participants
Communication between RD/Grantee
8. Attach information concerning individual projects as follows: (26)
(1) The participating families name, address, income level, and funding source
with total loan/grant amount; (2) The rehab work completed with constructing
investment amount; (3) Cost savings to family with explanation of method used.
I certify that the statements made above are true to the best of my knowledge
and belief.
________(27)______________ ___________(28)___________
(Title) (Date)
____________(29)______________________
(Grantee Signature)
RD Instruction 1944-I
Exhibit K
Page 3
(Added 12-12-19, PN 532)
B. Area Office Review, as applicable- I have reviewed the above information
which I have found to be substantially correct.
Comments:__________________(30)________________________________________________
_______________________________________________________________________________
______________(31)________________ __________(32)__________________
(Area Office Representative Signature) (Date)
C. State Office Review, as applicable-I have reviewed the above information
which I have found to be substantially correct.
Comments:______________________________(33)____________________________________
_______________________________________________________________________________
____________(34)_____________________ ______ (35)__________________
(State Office Representative Signature) (Date)
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit K-1
Page 1
(Added 12-12-19, PN 532)
Instructions for Preparation of
Evaluation Report of Self-Help Rehabilitation Technical Assistance Grants
Exhibit K will be used by all Technical Assistance (TA) Grantees obtaining
self-help TA grants. This attachment provides the grantee and Rural
Development a uniform method of reporting the performance progress of self-
help projects. The TA Grantee will prepare an original and copies of the
attachment for the quarterly meeting. The TA Grantee will sign the original
and forward it to the local Rural Development Office. The TA Grantee will keep
the unsigned copy for its records.
The evaluation report will be completed in accordance with the following:
1. Enter the date the quarter ends or the year.
2. Enter the full name of the TA Grantee organization.
3. Enter the complete mailing address of the TA Grantee organization.
4. Enter the area served by the grant.
5. Enter the position titles of all employees being paid by the TA grant and
the percentage of their wages being paid or the originations indirect
cost rate.
6. Enter the date of the initial self-help TA grant agreement.
7. Enter the time of any extension self-help TA grant agreement(s).
8. Insert the number of equivalent units (EU) completed the
first/second/third month of the quarter using steps 1, 2, and
3 of Exhibit K-2.
9. Insert the number of EU's completed the second month of the quarter by
using steps 1, 2, and 3 of Exhibit K-2.
10. Insert the number of EU's completed the third month of the quarter by
using steps 1, 2, and 3 of Exhibit K-2.
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit K-1
Page 2
(Added 12-12-19, PN 532)
11. Add items (7), (8), and (9) to the total from the previous quarterly
report to obtain the cumulative total number of EU's. This total is the
cumulative total number of EU's for the project.
12. Enter the number of Acquisition Rehab projects in the Grantee
proposal(s).
13. Enter the number of Owner-Occupied Rehab projects in the Grantee
proposal(s).
For numbers 14 through 17, if both Acquisition and Owner-Occupied Rehab types
were completed a separate number for each program should be given.
14. Enter the average of all construction cost for rehab projects in the
quarter.
15. Enter the average construction investment for the grant cycle to-date.
16. Enter the average cost savings to participants during the quarter by
following the methods found in Exhibit K-2.
17. Enter the average cost savings to participants for the grant cycle to-
date.
18. Enter the total number of houses/EU’s completed to-date towards the grant
goal(s).
19. Enter the total number of homes/EU’s started in a previous grant cycle
but completing in the current, if any.
20. Enter the number of homes currently under rehab.
21. Enter the total number of families currently in the pre-rehab phase as
described in Exhibit K-2.
22. Insert the average elapsed time needed per house from loan closing
to final inspection by Rural Development to complete rehab of a house. If
no self-help homes have been completed by this grantee, use other
projects or your best estimate as a guide.
23. Enter the number of days it takes on average to approve or reject a
borrower's docket once it's submitted to Rural Development and/or list
alternate funding sources being used.
RD Instruction 1944-I
Exhibit K-1
Page 3
(Added 12-12-19, PN 532)
24. Enter number and percent of dockets submitted and rejected this quarter.
25. In the chart provided indicate if each item adversely affected grant
performance in during the quarter in review my marking yes or no. A
narrative may accompany the report to provide additional details on
specific situations.
26. If not already submitted to Rural Development reports should be submitted
with the supporting documentation listed.
27. Insert title of the Grantee or authorized representative.
28. Enter date of submittal.
29. Signature of Grantee or authorized representative.
30. Area Offices should insert comments concerning loan/grant packages,
progress of rehab, success of the project and any problems that the
organization may have.
31. Signature of Area Office Representative.
32. Insert date of Area Office Representative review.
33. A State Office representative should insert his/her comments.
34. Signature of State Office representative.
35. Insert date of State Office review.
oOo
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit K-2
Page 1
(Added 12-12-19, PN 532)
Equivalent Unit Tracking and Family Cost Savings
The process for completing rehab projects is different to that of mutual self-
help new construction projects. For this reason, EU’s for rehab will be
tracked as follows:
Acquisition Rehab
o Property acquisition-
identifying & assessing feasibility of potential homes .2 EU
o Application-
Closing/Inspections & Scope of Work/Pre-Construction Activities .2 EU
o Rehab Construction/Subcontractor & Inspection Coordination .4 EU
o End of Construction-
Punch List/Construction Completed/Loan Conversion
.2 EU
1.0 EU
Owner Rehab
o Application Closing-
Inspections & Scope of Work/Pre-Construction Activities .2 EU
o Rehab Construction/Subcontractor & Inspection Coordination .4 EU
o End of Construction-
Punch List/Construction Completed/Loan Conversion .4 EU
1.0 EU
Program participants should realize an adequate cost savings, as defined above,
from family labor participation in order for a project to be undertaken by the
grantee. As with the ‘sweat equity’ in the mutual self-help program which
varies greatly from project to project, area to area, and from grantee to
grantee, it is anticipated that the cost savings received in rehab projects
will see similar variances. Cost savings is ideally realized through the
amount of work the participant will be contributing but may be calculated
utilizing an approved method such as those described below.
Methods for establishing the estimated cost savings for a participating family
may also vary but must be well supported and may include one of the following
methods:
1. Contractor Cost Saving: this method should be considered first and
requires comparing a contractor bid or cost estimating software amount
for work to be completed to the total cost under the Self-Help Method.
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit K-2
Page 2
(Added 12-12-19, PN 532)
Example-Job Summary: Remove/replace 20 sq. shingles; reframe part of
roof; remove replace 1600 sq. ft. of siding; remove/replace two doors;
remove carpet in bathroom and replace with vinyl flooring.
Cost Estimator $16,500
Self-Help Cost -$5,700
Cost Savings = $10,800
2. Appraised Value: this method takes the cost to purchase and compares is
to the as-improved appraised value to determine an equity model similar
to that used in self-help new construction.
Example-Appraisal Value Comparison:
As-Improved Value $160,000
Loan Amount -$150,000
Cost Savings = $10,000
3. Hourly Rate of Labor Contribution: this method would include
establishing a typical hourly rate for the job task and multiplying it by
the hours contributed by the participant. The ‘National Cost Estimator’,
‘HomeWyse.com’, or other comparable software may be used to establish the
task labor hours.
Example- Job Summary:
Remove/replace 20 sq. shingles - $300 x 6 hrs = $1,800
Reframe part of roof - $350 x 6 hrs = $2,200
Remove/replace 1600 sq ft of siding - $500 x 10 hrs = $5,000
Remove/replace carpet w/vinyl in bathroom- $300 x 4 hrs = $1,200
Cost Savings $10,200
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit L
Page 1
(Added 12-12-19, PN 532)
ELECTRONIC FUNDS TRANSFER
AUTOMATED CLEARINGHOUSE SYSTEMS
(EFT/ACH) DRAW REQUEST
Date:
Borrower Name:
Borrower Case #:
Fund Code/Loan #
9 Digit Routing Number:
Account #:
Type of Account (checking or savings):
Name of Financial Institution:
Bank Contact and Telephone #:
Undisbursed Amount: $
Amount of Payment: $
Remaining undisbursed funds (after this request): $
Agency Use: Authorized by: ____ Date: ____
Entered by: _______ Date:
oOo
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit M
Page 1
(Added 12-12-19, PN 532)
{DATE}
{GRANTEE NAME}
Attn: Executive Director
{ADDRESS}
RE: Section 523 Technical Assistance Grant
High Risk Status Determination
Dear Executive Director:
In accordance with RD Instruction 1944-I, § 1944.417, Section 523 Technical
Assistance (TA) grantees are responsible to report quarterly on their progress
in all areas related to grant performance. Based on performance, the quarterly
report and information from the Technical & Management Assistance (T&MA)
Contractor, a determination is made by the agency whether the grant is
progressing favorably. In the event the grantee does not appear to be
performing acceptably, a determination of high riskis made which identifies
the areas in need of improvement.
Agency officials has been monitoring your grant performance and has recommended
that a determination of high-risk status be issued. This letter serves as
notification that the grantee has been determined high risk for the following
reasons:
1. Assisting the projected number of families.
The grant proposes completion of {#} homes.
As of the quarter ending {DATE}, {PERCENT} of the grant period has
elapsed; however, {#} homes, representing {PERCENT} of the proposal
are complete.
2. Serving very low-income families.
The program goal to serve very low-income families as a priority
with at least 40 percent of the available funds.
As of the {DATE} quarterly report, the grantee is serving {PERCENT}
very low-income families.
3. Equivalent unit (EU) Production.
With {PERCENT} of the grant period elapsed, only {#} EU’s have been
completed. This represents {PERCENT} of the proposed goal.
Without a significant increase in Equivalent Unit Production,
neither the EU, nor the number of homes completed goal will be met.
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit M
Page 2
(Added 12-12-19, PN 532)
4. Technical Assistance (TA) cost.
The proposed TA cost for the grant is {$}.
As of the quarter ending {DATE}, the actual TA cost is {$}.
Unless the EU’s increase to meet grant goals, it does not appear
that the TA cost goal will be met.
5. Labor contributions by the family.
The grantee does appear to be meeting this goal with the homes
currently in construction.
Contact the following offices for assistance with corrective actions:
RD State Office
RD Area Office
T&MA Contractor
{ADDRESS}
{ADDRESS}
{ADDRESS}
{PHONE}
{PHONE}
{PHONE}
Corrective actions may include but are not limited to training for packagers
and construction supervisors, assistance with developing and implementing
marketing plans to assist very low-income households, revisions to the
production schedule/grant period, etc. There are many opportunities for
assistance in areas that may help you meet your goals within the grant period.
We encourage you to work closely with your T&MA Contractor to identify
corrective actions.
You are required to submit {INSERT FREQUENCY OF REPORTS TO BE REQUIRED} status
reports to our office, and we will monitor and assess progress. Progress will
be assessed as follows:
a) If the situation has been corrected or reasonable progress has been made
toward correcting the situation, the high riskstatus may be lifted.
b) If the situation has not been corrected and it is unlikely to be
corrected if given additional time, the grant may be terminated under
Rural Development Instruction 1944-I, 1944.426(b)(1).
RD Instruction 1944-I
Exhibit M
Page 3
(Added 12-12-19, PN 532)
Our goal is to assist you remain a successful Section 523 grantee. To that
end, we want to work with you to identify the areas where it does not appear
that goals are being met and implement corrective actions now, so that your
grant goals are reached, and future grants are not jeopardized.
If you have any questions, please contact {INSERT APPROPRIATE RD OFFICIAL AND
PHONE NUMBER}
Sincerely,
{INSERT STATE DIRECTORS NAME}
State Director
cc: {NATIONAL OFFICE, SPECIAL PROGRAMS BRANCH}
{T&MA Contractor}
{OTHER RD OFFICE, AS APPROPRIATE}
{BOARD OF DIRECTORS}
oOo
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit N
Page 1
(Added 12-12-19, PN 532)
{DATE}
{GRANTEE NAME}
Attn: Executive Director
{ADDRESS}
Subject: Section 523 Technical Assistance Grant
High Risk Status Determination
Dear Executive Director:
As you know, a technical assistance grantee high riskdetermination was
effective {INSERT DATE}. Our agency and Technical and Management Assistance
(T&MA) Contractor have been working with you closely to monitor your progress
in meeting grant goals.
Based on a review of the progress you have made and recommendation of the
{Insert as appropriate such as Program Director, Area Director, Self Help
Coordinator} and T&MA Contractor, the high-risk grantee determination is
removed effective today.
Thank you for your efforts to improve performance and address the issues of
concern. We look forward to working with you in the future and providing
additional opportunities for homeownership. If you have any questions, please
contact {NAME} at {INSERT PHONE #}.
Sincerely,
{INSERT STATE DIRECTORS NAME}
State Director
cc: {NATIONAL OFFICE SPECIAL PROGRAMS BRANCH}
{T&MA Contractor}
{OTHER RD OFFICE, AS APPROPRIATE}
{BOARD OF DIRECTORS}
oOo
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit O
Page 1
(Added 12-12-19, PN 532)
{DATE}
{GRANTEE NAME AND ADDRESS}
Dear {NAME}:
This letter is to acknowledge {GRANTEE NAME} completion of 523 Technical
Assistance (TA) Grant requirements in accordance with Rural Development
Instruction 1944-I and 523 TA Agreement (letter of conditions) for the period
of {GRANT START DATE} through {GRANT COMPLETION DATE}.
Performance under this grant agreement is evaluated as follows:
1. {GRANTEE NAME} {DID OR DID NOT} assist the projected number of families
in obtaining adequate housing. There were {#} homes projected, and
{GRANTEE NAME} completed {#} homes during this grant period.
2. {GRANTEE NAME} {DID OR DID NOT} meet the goal of assisting at least 40%
very low-income families. At the end of the grant period, they served
{%} very low-income families.
3. {GRANTEE NAME} {DID OR DID NOT} meet the family labor requirement of at
least 65%.
4. {GRANTEE NAME} {DID OR DID NOT} meet the projected TA cost per EU of {$}.
Actual TA cost per EU at grant close out was only slightly over at {$}.
5. {GRANTEE NAME} {DID OR DID NOT} meet all other objectives under the grant
agreement.
{GRANTEE NAME} receives a rating of {OUTSTANDING/ACCEPTABLE/NOT ACCEPTABLE}
since they met {#GOALS MEET} of the above listed goals.
We look forward to working with you on your new 523 grant award and thank you
for your dedication to the self-help program. Please feel free to contact
{OFFICE CONTACT NAME} at {#}, should you have any questions.
Sincerely,
{INSERT STATE DIRECTORS NAME}
State Director
Cc: {NATIONAL OFFICE SPECIAL PROGRAM DIVISION}
{T&MA Contractor}
{OTHER RD OR OFFICE, AS APPROPRIATE}
oOo
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit P
Page 1
(Added 12-12-19, PN 532)
INDIRECT COST RATE NEGOTIATIONS
The cognizant agency for indirect cost negotiation for the United States
Department of Agriculture (USDA) Rural Housing Service, but the servicing
agency for processing indirect cost rate proposals and issuing and extending
indirect cost rate agreements will be the United States Department of the
Interior (DOI).
USDA-Rural Housing Service annually enters into an interagency agreement with
the DOI, Interior Business Center. This agreement provides for DOI to
negotiate, issue, and extend current indirect cost rate/cost allocation plans
on behalf of USDA-Rural Housing Service for Section 523 Mutual Self-Help Grant
Applicants. States should provide this policy to their grant applicants, so
they may work directly with DOI for approval.
Grantees claiming reimbursement of indirect costs on the Section 523 Self-Help
Technical Assistance Grants are required to have current negotiated indirect
cost rate agreements with their federal cognizant agency which may not
necessarily be DOI. For example, if Health and Human Services (HHS) is a
Section 523 Grant applicant’s cognizant agency because they provide the largest
source of funding to the entity, then the applicant will need to provide a copy
of HHS’s rate approval with their grant application.
RESPONSIBILITIES:
Cost Allocation Plans and Indirect Cost Rates
Historically, USDA-RHS has allowed nonprofit organizations and governmental
departments to use a Cost Allocation Plan (CAP) in lieu of an indirect cost
rate. With the release of 2 CFR 200, it has been made evident that an indirect
rate will be more appropriate for the majority of Section 532 Grantees. Under
certain situations, governmental departments or agencies may request to use a
CAP in lieu of an indirect cost rate agreement but this must be requested only
in limited circumstances and be due to the nature of that entity’s federal
award. CAPs used by governmental agencies will be reviewed by DOI on a case-
by-case basis to determine if indirect cost rates can be issued instead.
For nonprofit organizations, the approval of a CAP in lieu of indirect cost
rate will be phased out over the next fiscal period. Starting in FY 2017,
nonprofit organizations will be required to obtain indirect cost rates. In the
extremely rare situation where a Non-Federal entity can appropriately allocate
and charge 100% of their costs directly to their 523 grant and indirect costs
are not claimed, approval from DOI is not necessary; however, DOI may review
proposals of these types on a case-by-case basis to determine if indirect cost
rates can be issued.
(12-12-19) PN 532
RD Instruction 1944-I
Exhibit P
Page 2
(Added 12-12-19, PN 532)
RHS Staff should review specifically line item ‘j. Indirect Charges’ found in
Section B (6) on Standard Form 424-A, ‘Budget Information- Non-Construction
Programs’ to determine if the applicant is proposing to charge indirect costs
to the grant. If the applicant does not show any charge to the grant for
indirect costs, the proposed budget should be reviewed to determine if an
indirect cost rate should be utilized. Regional Technical and Management
Assistance (T&MA) providers should be consulted with to assist the agency in
making the determination as to when an applicant’s cost allocation plan should
be submitted to DOI.
Indirect Cost Rate Negotiation:
For organizations that have previously negotiated indirect cost rate
agreements, it is the responsibility of each grantee to submit a new indirect
cost proposal to their Federal cognizant agency for indirect cost within 6
months after the close of each fiscal year. Any non-federal entity that has a
federally negotiated indirect cost rate may apply for a one-time extension of a
current negotiated indirect cost rate for a period of up to four years. The
extension is subject to the review and approval of the federal cognizant agency
for indirect costs.
Organizations that have not previously established an indirect cost rate with a
Federal agency must submit an initial indirect cost rate proposal immediately
after the organization is advised that a Federal award will be made and in no
event later than three months after the effective date of the Federal award,
unless they elect to charge the de minimis rate of 10% modified total direct
cost (MTDC). Any non-federal entity that has never received a negotiated
indirect cost rate, except for those described in 2 CFR 200 Appendix VII
paragraph (d)(1)(B), may elect to charge a de minimis rate of 10% modified
total direct cost (MTDC) which may be used indefinitely.
Resources and Contacts:
Grantees should be informed that they may request assistance from the
Department of Interior (DOI) in preparing their indirect cost proposals. For
detailed information and guidance on preparation of Indirect Cost Proposals
grantees may visit the DOI web site at
https://www.doi.gov/ibc/services/finance/indirect-cost-services
. Grantees
requesting funding during the period of this agreement should be advised to
prepare and submit proposals to DOI at least 90 days prior to the desired grant
closing date; or provide a copy of its approved indirect cost rate agreement to
Rural Development with their grant application.
RD Instruction 1944-I
Exhibit P
Page 3
(Added 12-12-19, PN 532)
Under the terms of the Interagency Agreement, Rural Development State
Directors, or their designee, will notify the DOI Interior Business Center
regarding grantees that do not have a federally approved indirect cost rate
agreement, or in certain cases, a federally approved cost allocation plan. The
contact information for the DOI, Interior Business Center is:
Doris Jensen, Branch Chief
Phone: 916-930-3829
US Department of the Interior
Interior Business Center
Indirect Cost Services
2180 Harvard Street, Suite 430
Sacramento, CA 95816
FAX: 916-566-7110
ICS Mailbox: [email protected]
oOo
(12-12-19) PN 532