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Community Development Financial Institutions Program (CDFI Program) FY 2016 Funding Round

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Funding Opportunity Title: Notice of Funds Availability (NOFA) inviting Applications for Financial Assistance (FA) awards or Technical Assistance (TA) grants under the Community Development Financial Institutions Program (CDFI Program) fiscal year (FY) 2016 Funding Round.

Announcement Type: Announcement of funding opportunity.

Funding Opportunity Number: CDFI-2016-FATA.

Catalog of Federal Domestic Assistance (CFDA) Number: 21.020.

KEY DATES:

Table 1—FY 2016 CDFI Program Funding Round Critical Deadlines for Applicants

DescriptionDeadlineTime (eastern daylight time—EDT)Submission method
CDFI Certification ApplicationsMarch 18, 20165:00 p.m. EDTAward Management Information System (AMIS).
SF424 (Application for Federal Assistance)March 18, 201611:59 p.m. EDTElectronically via Grants.gov.
Last day to contact CDFI Program staffApril 15, 20165:00 p.m. EDTCDFI Fund Helpdesk: 202-653-0421 or cdfihelp@cdfi.treas.gov.
CDFI Program Application for Financial Assistance (FA) or Technical Assistance (TA)April 18, 201611:59 p.m. EDTElectronically via Awards Management Information System (AMIS).

Executive Summary: Through the CDFI Program, the CDFI Fund provides (i) FA awards of up to $2 million to Certified Community Development Financial Institutions (CDFIs) to build their financial capacity to lend to their Target Markets, and (ii) TA grants of up to $125,000 to build Certified, Certifiable, and Emerging CDFIs' organizational capacity to serve their Target Markets. All awards provided through this NOFA are subject to funding availability.

I. Program Description

A. History: The CDFI Fund was established by the Riegle Community Development Banking and Financial Institutions Act of 1994 to promote economic revitalization and community development through investment in and assistance to CDFIs. Since its creation in 1994, the CDFI Fund has awarded over $2 billion to CDFIs, community development organizations, and financial institutions through the Community Development Financial Institutions Program (CDFI Program), the Native American CDFI Assistance Program (NACA Program), the Bank Enterprise Award Program (BEA Program), the Capital Magnet Fund, and the Financial Education and Counseling Start Printed Page 8329Pilot Program. In addition, the CDFI Fund has allocated more than $43 billion in tax credit allocation authority through the New Markets Tax Credit Program (NMTC Program) and has obligated $852 million in bond guarantees to Eligible CDFIs through the CDFI Bond Guarantee Program.

B. Priorities: Through the CDFI Program's FA awards and TA grants, the CDFI Fund invests in and builds the capacity of for-profit and non-profit community based lending organizations known as Community Development Financial Institutions, or CDFIs. These organizations, Certified as CDFIs by the CDFI Fund, serve rural and urban low-income people and communities across the nation that lack adequate access to affordable financial products and services.

C. Authorizing Statutes and Regulations: The CDFI Program is authorized by the Riegle Community Development Banking and Financial Institutions Act of 1994 (Pub. L. 103-325, 12 U.S.C. 4701 et seq.). The regulations governing the CDFI Program are found at 12 CFR parts 1805 and 1815 (the Regulations) and set forth evaluation criteria and other program requirements. The CDFI Fund encourages Applicants to review the Regulations, this NOFA, the Application, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200; 78 FR 78590) (Uniform Administrative Requirements) for a complete understanding of the program. Capitalized terms in this NOFA are defined in the authorizing statute, the Regulations, this NOFA, the Application, or the Uniform Administrative Requirements. Details regarding Application content requirements are found in the Application and related materials.

D. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200): The Uniform Administrative Requirements codifies financial, administrative, procurement, and program management standards that Federal award agencies must follow. When evaluating award applications, awarding agencies must evaluate the risks to the program posed by each applicant, and each applicant's merits and eligibility. These requirements are designed to ensure that applicants for Federal assistance receive a fair and consistent review prior to an award decision. This review will assess items such as the Applicant's financial stability, quality of management systems, history of performance, and single audit findings. In addition, the Uniform Administrative Requirements include guidance on audit requirements and other award compliance requirements for award Recipients.

E. Funding limitations: The CDFI Fund reserves the right to fund, in whole or in part, any, all, or none of the Applications submitted in response to this NOFA.

II. Federal Award Information

A. Funding Availability:

1. FY 2016 Funding Round: The CDFI Fund expects to award, through this NOFA, approximately $175 million as indicated in the following table:

Table 2—FY 2016 Funding Round Anticipated Category Amounts

Funding categories (see definition in Table 7)Estimated total amount to be awarded (millions)Award amountEstimated number of awardsAverage amount awarded in FY 2015
MinimumMaximum
FA: Category I/Small and/or Emerging CDFI Assistance (SECA)$19$100,000$700,00036$521,300
FA: Category II/Core130100,0002,000,000871,486,400
TA410,000125,00033121,500
Healthy Food Financing Initiative—Financial Assistance (HFFI-FA) *22500,0005,000,000112,000,000
Total175167
* HFFI-FA appropriation will be allocated in one competitive round between the NACA and CDFI Program NOFAs.

The CDFI Fund reserves the right to award more or less than the amounts cited above in each category, based upon available funding and other factors, as appropriate.

2. Funding Availability for the FY 2016 Funding Round: Funds for the FY 2016 Funding Round were appropriated in the Consolidated Appropriations Act, 2016 (Pub. L. 114-113).

3. Anticipated Start Date and Period of Performance: The CDFI Fund anticipates the period of performance for the FY 2016 Funding Round will begin in late September 2016. Specifically, the period of performance for TA grants begins with the date of the notice of the award and includes an award Recipient's two full consecutive fiscal years after the date of the notice of the award, during which the Recipient must meet the performance goals set forth in the Assistance Agreement. The period of performance for FA awards includes an award Recipient's three full consecutive fiscal years after the date of the notice of the award, during which time the Recipient must meet its performance goals.

B. Types of Awards: Through the CDFI Program, the CDFI Fund provides two types of awards: Financial Assistance (FA) and Technical Assistance (TA) awards. An Applicant may submit an Application for a TA grant or an FA award, but not both.

1. FA Awards: FA awards can be in the form of loans, grants, Equity Investments, deposits and credit union shares. The form of the FA award is based on the form of the matching funds that the Applicant includes in its Application, unless Congress waives the matching funds requirement. Matching funds are required for FA awards, must be from non-Federal sources, and cannot have been used as matching funds for any other Federal award. The CDFI Fund reserves the right, in its sole discretion, to provide an FA award in an amount other than that which the Applicant requests; however, the award amount will not exceed the Applicant's award request as stated in its Application.

2. Healthy Food Financing Initiative—Financial Assistance (HFFI-FA) Awards: HFFI-FA awards will be provided as a supplement to FA awards; therefore, only those Applicants that have been selected to receive an FA award through the CDFI Program FY 2016 Funding Round will be eligible to receive an HFFI-FA award. HFFI-FA awards can be in the form of loans, grants, Equity Investments, deposits and Start Printed Page 8330credit union shares. The form of the HFFI-FA award is based on the form of the matching funds that the Applicant includes in its Application, unless Congress waives the matching funds requirement. Matching funds are required for HFFI-FA awards, must be from non-Federal sources, and cannot have been used as matching funds for any other Federal award. The CDFI Fund reserves the right, in its sole discretion, to provide an HFFI-FA award in an amount other than that which the Applicant requests; however, the award amount will not exceed the Applicant's award request as stated in its Application.

3. TA Grants: TA is provided in the form of grants. The CDFI Fund reserves the right, in its sole discretion, to provide a TA grant in an amount other than which the Applicant requests; however, the TA grant amount will not exceed the Applicant's request as stated in its Application and the applicable budget chart.

C. Eligible Activities:

1. FA Awards:

FA and HFFI-FA award funds can be expended for activities in the following five categories: (i) Financial Products; (ii) Financial Services; (iii) Loan Loss Reserves; (iv) Development Services; and (v) Capital Reserves. FA awards can only be used for direct costs associated with an eligible activity; no indirect expenses are allowed. Up to 15 percent of the FA award can be used for Direct Administrative Expenses associated with an eligible FA activity. For purposes of this NOFA, the five eligible activity categories are defined as follows:

Table 3—FA and HFFI-FA Eligible Activity Categories

FA eligible activityFA eligible activity definitionEligible CDFI institution types
i. Financial ProductsFA expended as loans, Equity Investments and similar financing activities (as determined by the CDFI Fund) including the purchase of loans originated by certified CDFIs and the provision of loan guarantees; in the case of CDFI Intermediaries, Financial Products may also include loans to CDFIs and/or emerging CDFIs and deposits in Insured Credit Union CDFIs, emerging Insured Credit Union CDFIs, and/or State-Insured Credit Union CDFIsAll.
ii. Financial ServicesFA expended for providing checking, savings accounts, check cashing, money orders, certified checks, automated teller machines, deposit taking, safe deposit box services, and other similar servicesInsured Depository Institutions only.
iii. Loan Loss ReservesFA set aside in the form of cash reserves, or through accounting-based accrual reserves, to cover losses on loans, accounts, and notes receivable made in the Applicant's Target Market, or for related purposes that the CDFI Fund deems appropriateAll.
iv. Development ServicesFA expended for activities undertaken by a CDFI, its Affiliate or contractor that promote community development and shall prepare or assist current or potential borrowers or investees to use the CDFI's Financial Products or Financial Services. For example, such activities include, financial or credit counseling; homeownership counseling; and business planning and management assistanceAll.
v. Capital ReservesFA set aside as reserves to support the Applicant's ability to leverage other capital, for such purposes as increasing its net assets or serving the financing needs of its Target Market, or for related purposes as the CDFI Fund deems appropriateInsured Depository Institutions only.

2. TA Grants:

TA grant funds can be expended for the following seven eligible activity categories: (i) Compensation—personal services; (ii) Compensation—fringe benefits; (iii) Professional Service Costs; (iv) Travel Costs; (v) Training and Education Costs; (vi) Equipment and other capital expenditures; and (vii) Supplies. Each of the eligible activity categories will not be authorized for indirect costs and an associated indirect cost rate. For purposes of this NOFA, the seven eligible activity categories are defined as follows:

Table 4—TA Eligible Activity Categories

(i) Compensation—personal servicesTA paid to cover salaries of the Applicant's personnel that are paid currently or accrued by the Applicant for work performed directly related to carrying out the purpose of the TA grant (including activities related to becoming certified as a CDFI), subject to the applicable provisions of the Uniform Administrative Requirements.
(ii) Compensation—fringe benefitsTA paid to cover costs of the Applicant's personnel employment (other than the employees' salaries income) in proportion to the salary charged to the TA grant, to the extent that such payments are made under formally established and consistently applied organizational policies, subject to the applicable provisions of the Uniform Administrative Requirements.
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(iii) Professional service costsTA used to pay for professional and consultant services rendered by persons who are members of a particular profession or possess a special skill, and who are not officers or employees of the Recipient, subject to the applicable provisions of the Uniform Administrative Requirements. Payment for a consultant's services may not exceed the daily equivalent of the current maximum rate paid to an Executive Schedule Level IV Federal employee.
(iv) Travel costsTA used to pay expenses for transportation, lodging, subsistence, and related items incurred by the Applicant's personnel who are on travel status on business related to the TA grant, subject to the applicable provisions of the Uniform Administrative Requirements.
(v) Training and education costsTA used to pay the cost of training and education provided for employee development, subject to the applicable provisions of the Uniform Administrative Requirements.
(vi) EquipmentTA used to pay for tangible personal property, having a useful life of more than one year and a per-unit acquisition cost of at least $5,000 and subject to the applicable provisions of the Uniform Administrative Requirements. Examples include office equipment, furnishings, and information technology equipment and systems.
(vii) SuppliesTA used to pay for tangible personal property with a per unit acquisition of less than $5,000 and subject to the applicable provisions of the Uniform Administrative Requirements.

III. Eligibility Information

A. Eligible Applicants: For the purposes of this NOFA, the following tables set forth the eligibility criteria to be in contention to receive an award from the CDFI Fund, along with certain definitions of terms. There are four categories of Applicant eligibility criteria: (1) CDFI certification criteria (Table 5); (2) requirements that apply to all Applicants (Table 6); (3) requirements that apply to TA Applicants (Table 7); and (4) requirements that apply to FA Applicants (Table 8).

Table 5—CDFI Certification Criteria Definitions

Certified CDFI• An entity that the CDFI Fund has officially notified that it meets all CDFI certification requirements.
Certifiable CDFI (FA Applicants)• An entity that has submitted a CDFI Certification Application to the CDFI Fund demonstrating that it meets the CDFI certification requirements but which has not yet been officially certified. (See Table 11 for application submission deadlines.)
• The CDFI Fund will not enter into an Assistance Agreement or make an FA award payment unless and until an Applicant is a Certified CDFI.
Emerging CDFI (TA Applicants)• A non-Certified entity that has not submitted a CDFI Certification Application but demonstrates to the CDFI Fund in its Application that it has an acceptable plan to meet certification requirements by the end of its period of performance, or another date that the CDFI Fund selects.
• An Emerging CDFI that has prior award(s) will be held to the CDFI certification performance goal and measure(s) stated in its prior Assistance Agreement(s).
• Emerging CDFIs may only apply for TA grants; they are not eligible to apply for FA awards.
• Each Emerging CDFI selected to receive a TA grant will be required to become a Certified CDFI by a date specified in the Assistance Agreement.

Table 6—Eligibility Requirements for All Applicants

Applicant• Only the entity that will carry out the proposed award activities can apply for an award (e.g., the intended award Recipient).
• The information in the Application should only reflect the activities of the Applicant, including the presentation of financial and portfolio information. Do not include financial or portfolio information from parent companies, Affiliates, or Subsidiaries in the Application unless it relates to the provision of Development Services.
• An Applicant that applies on behalf of another organization will be rejected without further consideration, except for Depository Institution Holding Companies (see below).
Application type and submission overview through Grants.gov and Awards Management Information System (AMIS)• Applicants must submit the required application documents listed in Table 10. • The CDFI Fund will only accept Applications that use the official application templates provided on the Grants.gov and AMIS websites. Applications submitted with alternative or altered templates will not be considered.
• Applicants have a two-step process that requires the submission of application documents on two separate deadlines and locations: (1) Grants.gov and (2) AMIS.
○ Grants.gov: Applicants must submit the OMB SF-424, Application for Federal Assistance.
○ AMIS: Applicants must submit all other required application materials.
○ All Applicants must register in the Grants.gov and AMIS systems to successfully submit an application. The CDFI Fund strongly encourages applicants to register early as possible.
• Grants.gov and the SF-424:
○ The SF-424 must be submitted in Grants.gov on or before March 18, 2016, the deadline listed in Table 1 and Table 11. Applicants are strongly encouraged to submit their SF-424 as early as possible in the Grants.gov portal.
○ The deadline for the Grants.gov submission is before the AMIS deadline.
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○ If the SF-424 is not accepted by Grants.gov by the deadline, the CDFI Fund will not review any material submitted in AMIS and the application will be deemed ineligible.
• AMIS:
○ AMIS is a new enterprise-wide information technology system that is replacing the myCDFI Fund portal and which will be used to submit and store organization and application information with the CDFI Fund.
○ Applicants are only allowed one submission in AMIS.
○ Only the Authorized Representative or Application Point of Contact can submit the Application in AMIS.
○ All other required application materials must be submitted in AMIS on or before the deadline specified in Tables 1 and 11.
Employer Identification Number (EIN)• Applicants must have a unique EIN assigned by the IRS. • The CDFI Fund will reject an Application submitted with the EIN of a parent or Affiliate organization.
DUNS number• Pursuant to OMB guidance (68 FR 38402), an Applicant must apply using its unique DUNS number in Grants.gov. • The CDFI Fund will reject an Application submitted with the DUNS number of a parent or Affiliate organization.
Awards Management Information System (AMIS)• Each Applicant must register as an organization in AMIS and submit all required application materials through the AMIS portal.
• The Authorized Representative and/or Application point of contact must be included as “users” in the Applicant's AMIS account.
• An Applicant that fails to properly register and update its AMIS account may miss important communication from the CDFI Fund or not be able to successfully submit an Application.
501(c)(4) status• Pursuant to 2 U.S.C. 1611, a 501(c)(4) any organization that engages in lobbying activities is not eligible for the receipt of a CDFI or NACA Program award.
Compliance with Federal civil rights requirements• An Applicant may not be eligible to receive an award if proceedings have been instituted against it in, by, or before any court, governmental agency, or administrative body, and a final determination within the last three years indicates the Applicant has violated any of the following laws: Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.2000d); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); the Age Discrimination Act of 1975, (42 U.S.C. 6101-6107), and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency.
Depository Institution Holding Company Applicant• In the case where a CDFI Depository Institution Holding Company Applicant intends to carry out the activities of an award through its CDFI Subsidiary Insured Depository Institution, the Application must be submitted by the CDFI Depository Institution Holding Company and reflect the activities and financial performance of the CDFI Subsidiary Insured Depository Institution.
• Authorized representatives of both the Depository Institution Holding Company and the CDFI Subsidiary Insured Depository Institution must certify that the information included in the Application represents that of the CDFI Subsidiary Insured Depository Institution and that the award funds will be used to support the CDFI Subsidiary Insured Depository Institution for the eligible activities outlined in the Application.
Insured CDFI—Insured Credit Union and Insured Depository Institution• To be eligible for an award, each Insured Depository Institution Applicant must have a CAMELS/CAMEL (rating for banks and credit unions, respectively), by its Federal regulator of at least “4.”
• Organizations with CAMELS/CAMEL ratings of “5” will not be eligible for awards.
Use of award• All awards made through this NOFA must be used to support the Applicant's activities in at least one of the FA or TA Eligible Activity Categories (see Section II.C).
• Awards cannot be used to support the activities of, or otherwise be passed through, transferred, or co-awarded to, third-party entities, whether Affiliates, Subsidiaries, or others (except Depository Institution Holding Company Applicants.)
Requested award amount for eligible activities• An Applicant must state its requested award amount and proposed eligible activities in the “Award Request Table” of the Purpose section of the Application.
• An Applicant that does not fully complete the “Award Request Table” of the Purpose Application section in the AMIS website will not be allowed to submit an Application.
Pending resolution of noncompliance• The CDFI Fund will consider an Application submitted by an Applicant that has pending noncompliance issues if the CDFI Fund has not yet made a final determination as to whether the Applicant is in default of any of its previously executed award agreement(s).
Default or Noncompliance status• The CDFI Fund will not consider an Application submitted by an Applicant that has been notified by the CDFI Fund in writing that it is in default of a previously executed award agreement under any CDFI Fund program, at the time of the Application deadline, unless otherwise indicated by the CDFI Fund in writing. The CDFI Fund will not consider an Application submitted by an Applicant that has been notified by the CDFI Fund in writing that it is noncompliant with an FY 2015 award agreement, or with agreements for fiscal years thereafter, under any CDFI Fund program, at the time of the Application deadline, unless otherwise indicated by the CDFI Fund in writing.
• The CDFI Fund will not consider any Applicant that has defaulted on a CDFI Program loan within five years of the Application deadline.
Undisbursed award funds and calculations (general)• An Applicant that has funds from a prior award that have not been disbursed, as defined in (a)—(d) below, as of the Application deadline will not be eligible for an award.
(a) The CDFI Fund will include the combined undisbursed award funds of the Applicant and its Affiliates.
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(b) Balances on undisbursed award funds cannot exceed five percent of the combined BEA Program awards made to the Applicant in FYs 2012, 2013, and 2014.
(c) Balances on undisbursed award funds cannot exceed five percent of the combined CDFI/NACA Program awards made to the Applicant in FYs 2012, 2013, and 2014.
(d) The undisbursed award funds calculation does not include award funds for: (i) Which the Recipient has submitted a full and complete disbursement request before the Application deadline; (ii) an award that has been terminated or de-obligated; or (iii) an award that does not have a fully executed award agreement; and (iv) the tax credit allocation authority made available through the NMTC Program.

Table 7—Eligibility Requirements for TA Applicants

CDFI certification status(1) Emerging CDFIs (see definitions in Table 5), or
(2) Certifiable or Certified CDFIs (see Table 5) that meet the following criteria:
(1) Have total assets * as of the end of the Applicant's most recent fiscal year end in the following amounts:
• Insured Depository Institutions and Depository Institution Holding Companies: up to $250 million
• Insured Credit Unions: up to $10 million • Venture capital funds: up to $10 million • Other CDFIs: up to $5 million OR
(2) Have begun operations ** on or after January 1, 2012.
* “Total assets” is defined as the Total Assets of Fiscal Year End Date stated in the Applicant's AMIS account and verified by internally prepared financial statements and/or audits.
** “Have begun operations” is defined as the financing activity start date indicated in the Applicant's AMIS account.
Matching funds• Matching funds documentation is not required for TA awards.
Limitation on Awards• An Emerging CDFI will be allowed to receive no more than three TA awards as an uncertified CDFI.

Table 8—Eligibility Requirements for FA Applicants

CDFI certification status• Each FA Applicant must be a Certified CDFI prior to the announcement of award decisions.
• An Applicant that is in a cure period to remedy CDFI recertification deficiencies at the time of award announcements will not be eligible for an FA award under this NOFA.
Matching funds documentation• All Applicants must submit acceptable documentation that they have received or will receive matching funds. Applications that do not submit acceptable matching funds documentation will not be evaluated.
• Awards will be limited to no more than two times the amount of In-Hand or Committed matching funds documentation provided at the time of Application.
• Awards will be obligated in like form to the matching funds provided at time of Application. See Table 9. Matching Funds “Determination of Award Form” for additional guidance.
• Award payments from the CDFI Fund will require eligible dollar-for-dollar In-Hand matching funds for the total payment amount. Recipients will not receive a payment until 100 percent of their matching funds are In-Hand.
• The first payment is the estimated amount of award that the Recipient will use for eligible FA activities in the first 12 months after the award.
• The CDFI Fund will reduce and de-obligate the remaining balance of any Award that does not demonstrate full dollar-for-dollar matching funds equal to the announced award amount by the end of the Matching Funds Window.
$5 Million funding cap• The CDFI Fund is prohibited from obligating more than $5 million in CDFI and NACA Program awards, in the aggregate, to any one organization and its Subsidiaries and Affiliates during any three-year period.
• For purposes of this NOFA, the CDFI Fund will include CDFI and NACA Program final awards in the cap calculation that were provided to an Applicant (and/or its Subsidiaries or Affiliates) under the FY 2014, and 2015 funding rounds, as well as the requested FY 2016 award, excluding HFFI-FA awards. The CDFI Fund will make the FY 2016 funding round award announcements after September 23, 2016.
FA Category I (SECA)• To be an eligible SECA Applicant, an Applicant must meet the following criteria:
(1) Be a Certified or Certifiable CDFI;
(2) Request $700,000 or less in FA funds; AND EITHER
(3) Have total assets * as of the end of the Applicant's most recent fiscal year end in the following amounts:
• Insured Depository Institutions and Depository Institution Holding Companies: up to $250 million.
• Insured Credit Unions: Up to $10 million.
• Venture capital funds: Up to $10 million.
• Other CDFIs: Up to $5 million OR
(4) Have begun operations ** on or after January 1, 2012.
* “Total assets” is defined as the Total Assets of Fiscal Year End Date stated in the Applicant's AMIS account and verified by internally prepared financial statements and/or audits.
** “Have begun operations” is defined as the financing activity start date indicated in the Applicant's AMIS account.
FA Category II (Core)• A Core Applicant must be either a Certified or Certifiable CDFI as defined in Table 5.
• An Applicant that meets the SECA requirements stated above, that requests more than $700,000 in award funds is categorized as an FA Category II (Core) Applicant, regardless of its total assets and/or years in operation.
HFFI-FA• All HFFI-FA Applicants must:
○ Apply for an FA award;
○ Meet all FA award eligibility requirements; and
○ Complete and submit a CDFI/NACA Program Financial Assistance Application along with the HFFI-FA Narrative Application section at the time of Application;
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○ Provide an HFFI-FA award request amount in the “Award Request Table” of the Purpose section in the Application.

B. Matching Funds Requirements: In order to receive an FA award, an Applicant must provide documentation of eligible dollar-for-dollar matching funds. The CDFI Fund will review matching funds documentation prior to award payment and will pay funds based upon eligible In-Hand matching funds (see Table 9 for the definition of In-Hand). The CDFI Fund encourages Applicants to review the Regulations at 12 CFR 1805.500, the Uniform Administrative Requirements, and the matching funds guidance materials available on the CDFI Fund's Web site. Table 9 provides a summary of the matching funds requirements; additional details are set forth in the Application materials.

Table 9—Matching Funds Requirements

Matching funds requirements by application typeThe following Applicants must provide documentation of acceptable matching funds: • Category I/SECA FA Applicants (upon request) *; • Category II/Core FA Applicants; and
• HFFI-FA Applicants. (upon request) *
TA Applicants are not required to provide matching funds.
* The matching funds requirement for HFFI-FA and SECA FA applicants was waived in the appropriations bill for FY 2016. HFFI-FA and SECA FA applicants are not required to submit matching funds for their award requests at the time of application.
Amount of required matchApplicants must submit supporting documentation of eligible, In-Hand, dollar-for-dollar, non-Federal matching funds for every FA award dollar to be paid by the CDFI Fund. If awarded, Applicants that did not demonstrate 100% In-Hand matching funds at the time of Application may experience a longer payment timeline.
Determination of award formFA awards will be made in comparable form and value to the eligible In-Hand and/or Committed matching funds documentation submitted by the Applicant.
• For example, if an FA Applicant provides documentation of eligible loan matching funds for $200,000 and $400,000 of its matching funds in the form of grant, the CDFI Fund will obligate $200,000 of the FA award as a loan and $400,000 as a grant.
• After awards have been announced, Award Recipients may request the CDFI Fund's permission to change the form of their award from loan to grant (by producing eligible grant matching funds), but will only be eligible to receive a grant equal to the federal credit subsidy amount associated with the original loan. Applicants will also experience delays in payments if requested award form changes are approved by the CDFI Fund.
Matching Funds Window definition• The Applicant must receive eligible In-Hand matching funds between January 1, 2014 and January 15, 2017. • An award Recipient must provide the CDFI Fund with all documentation demonstrating the receipt of In-Hand matching funds by January 31, 2017.
Matching funds and form of award• Recipients will be approved for a maximum award size of two times the total amount of eligible In-Hand and/or Committed matching funds documentation included in the Application, so long as they do not exceed the award amount limit.
• The form of the matching funds documented in the Application determines the form of the award.
In-Hand matching funds definition• Matching funds are eligible and In-Hand when the Applicant receives payment for the matching funds and includes acceptable documentation in the Application, showing the source, form (e.g., grant, loan, deposit, and Equity Investment), amount of the matching funds, and the date the funds came into physical possession of the applicant.
• The following documentation, depending on the type of award being requested, must be included in the Application:
• Loan—the loan agreement and/or promissory note;
• grant—the grant letter or agreement for all grants of $100,000 or more;
• Equity Investment—the stock certificate and shareholder agreement;
• retained earnings—audits or call reports from regulating entity; and
• third party in-kind contribution—evidence of receipt of contribution and valuation; AND
• clearly legible documentation that demonstrates actual receipt of the matching funds including the date of the transaction and the amount, such as a copy of a check or a wire transfer statement.
• Grants under $100,000 only require the source name, amount, date of receipt, and source contact information. Documentation of this information should be available if audited.
Committed matching funds definition• Matching funds are Committed when the Applicant has entered into or received a legally binding commitment from the matching funds source showing the matching funds will be disbursed to the Applicant at a future date.
• The Applicant must provide the CDFI Fund acceptable written documentation showing the source, form, and amount of the Committed matching funds (including, in the case of a loan, the terms thereof), as well as the anticipated payment date of the Committed funds.
Limitations on matching funds• Matching funds must be from non-Federal sources. • Applicants cannot proffer matching funds that were accepted as matching funds for a prior FA award under the CDFI Program, NACA Program, or under another Federal grant or award program.
• Matching funds must comply with Regulations at 12 CFR 1805.500 et seq.
• Matching funds must be attributable to at least one of the five eligible FA activities (see Section II.C).
Rights of the CDFI Fund• The CDFI Fund reserves the right to contact the matching funds source to discuss the matching funds and the documentation that the Applicant provided.
• The CDFI Fund may grant an extension of the Matching Funds Window (defined in Table 9), on a case-by-case basis, if the CDFI Fund deems it appropriate.
• The CDFI Fund reserves the right to rescind all or a portion of an FA award and re-allocate the rescinded award amount to other qualified Applicant(s), if an award Recipient fails to obtain In-Hand 100 percent of the required Matching Funds during the Matching Funds Window.
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Matching funds in the form of third-party in-kind contributions• Third party in-kind contributions are the value of non-cash contributions (i.e., property or services) provided by non-Federal third parties. • Third party in-kind contributions will be considered to be in the form of a grant for matching funds purposes.
• Third party in-kind contributions may be in the form of real property, equipment, supplies, and other expendable property, and the value of goods and services directly benefiting the eligible activities.
• For third-party in-kind contributions, the fair market value of goods and services must be documented.
• Applicants will be responsible for documenting the value of all in-kind contributions as described in the Uniform Administrative Requirements.
Matching funds in the form of a loan• An FA award made in the form of a loan will have the following standardized terms: • A 13-year term with semi-annual interest-only payments due in years 1 through 10, and fully amortizing payments due each year in years 11 through 13; and
• A fixed interest rate of 2.2 percent, which was calculated by the CDFI Fund based on the U.S. Department of the Treasury's 10-year Treasury note.
• The Applicant's matching funds loan(s) must:
i. have a minimum of a 3-year term. Loans presented as matching funds with less than a 3-year term will not qualify as eligible match; and
ii. not be from a Federal source.
Severe Constraints Waiver• Not more than 25 percent of the total funds available for obligation under this funding round may be matched under the Severe Constraints Waiver.
• In the case of an Applicant demonstrating severe constraints on available sources of matching funds, the CDFI Fund, in its sole discretion, may permit such Applicant to comply with the matching funds requirements by reducing such requirements by up to 50 percent.
• In order to be considered eligible for a Severe Constraints Waiver, an Applicant must meet all of the SECA eligibility criteria described in Table 8 and follow the instructions in the Application materials.
Ineligible matching funds• If the CDFI Fund determines that any portion of the Applicant's matching funds is ineligible, the CDFI Fund will permit the Applicant to offer documentation of alternative matching funds as a substitute for the ineligible matching funds.
• In such instances:
i. the Applicant must provide acceptable alternative matching funds documentation within the period of time specified by the CDFI Fund, and
ii. the alternative matching funds documentation will not increase the total amount of FA requested.
Use of matching funds from a prior CDFI Program RecipientIf an Applicant offers matching funds documentation from an organization that was a prior Recipient under the CDFI Program, the Applicant must be able to prove to the CDFI Fund's satisfaction that such funds do not consist, in whole or in part, of CDFI Program funds or other Federal funds.
Matching funds in the form of retained earnings• Retained earnings are eligible for use as matching funds when the CDFI Fund calculates an amount equal to: i. The increase in retained earnings that occurred over any one of the Applicant's fiscal years within the Matching Funds Window, adjusted to remove revenue and expenses derived from Federal sources and matching funds previously used for an award; or
ii. the annual average of such increases that occurred over any three consecutive fiscal years of the Applicant with at least one of the fiscal years occurring within the Matching Funds Window, adjusted to remove revenue and expenses derived from Federal sources and matching funds previously used for an award; or
iii. any combination of (i) and (ii) above that does not include matching funds previously used for an award.
• Retained earnings will be matched with an FA award in the form of a grant or an Equity Investment.
Special rule for Insured Credit Unions and Insured Depository Institutions• An Insured Credit Union's and Insured Depository Institution's retained earnings are eligible for use as matching funds when the CDFI Fund calculates an amount equal to: i. The increase in retained earnings that occurred over any one of the Applicant's fiscal years within the Matching Funds Window, adjusted to remove revenue from Federal sources and matching funds previously used for an award; or
ii. the annual average of such increases that occurred over any three consecutive fiscal years of the Applicant with at least one of the fiscal years occurring within the Matching Funds Window, adjusted to remove revenue and expenses derived from Federal sources and matching funds previously used for an award; or
iii. the entire retained earnings that have been accumulated since the inception of the Applicant, as provided in the Regulations.
• If option (iii) is used for Insured Credit Unions, the Applicant must increase its member and/or non-member shares and/or total loans outstanding by an amount equal to the amount of retained earnings committed as matching funds.
• This increase will be measured on a quarterly basis from March 31, 2016, and must occur by the end of the Recipient's Year 1 of Performance Period, as set forth in its Assistance Agreement, and will be based on amounts reported in the Applicant's National Credit Union Administration (NCUA) form 5300 Call Report.
• The CDFI Fund will assess the likelihood of this increase during the Application review process.
• An award will not be made to any Applicant that has not demonstrated in the relevant NCUA form 5300 Call Reports that it has increased shares and/or total loans outstanding by at least 25 percent of the requested FA award amount between December 31, 2014, and December 31, 2015.
• The matching funds are not In-Hand until the Recipient has increased its member and/or non-member shares, deposits and/or total loans outstanding within the time period specified.
• If option (iii) is used for Insured Depository Institutions or Depository Institution Holding Companies, the Applicant or its Subsidiary Insured Depository Institution (in the case of a Depository Institution Holding Company) must increase deposits and/or total loans outstanding by an amount equal to the amount of retained earnings committed as matching funds. Please note that Depository Institution Holding Company Applicants must use the call reports of the CDFI Subsidiary Insured Depository Institution that the requested FA award will support.
• This increase will be measured on a quarterly basis from March 31, 2016, and must occur by the end of the Recipient's Year 1 of Performance Period, as set forth in its Assistance Agreement, and will be based on amounts reported in the Bank Call Report.
• The CDFI Fund will assess the likelihood of this increase during the Application review process.
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• An award will not be made to any Applicant that has not demonstrated in the relevant call reports that it has increased deposits and/or total loans outstanding by at least 25 percent of the requested FA award amount between December 31, 2014, and December 31, 2015.
• The matching funds are not In-Hand until the Recipient has increased its deposits and/or total loans outstanding within the time period specified.
• All regulated Applicants utilizing the part (iii) Since Inception rule should refer to the Retained Earnings Guidance document on the Grants.gov and CDFI Fund websites.

IV. Application and Submission Information

A. Address to Request an Application Package: Application materials can be found on Grants.gov and the CDFI Fund's Web site at www.cdfifund.gov/​cdfi. Applicants may request a paper version of any Application material by contacting the CDFI Fund Help Desk at cdfihelp@cdfi.treas.gov.

B. Content and Form of Application Submission:

All Applications must be prepared using the English language and calculations must be made in U.S. dollars. The following table lists the required Application documents for the FY 2016 Funding Round. The CDFI Fund reserves the right to request and review other pertinent or public information that has not been specifically requested in this NOFA or the Application. Information submitted by the Applicant that the CDFI Fund has not specifically requested will not be reviewed or considered as part of the Application. Information submitted must accurately reflect the Applicant's activities. Financial, portfolio, and activity information provided in the Application should only include the Applicant's activities.

Table 10—Required Application Documents

Application documentsApplicant typeSubmission format
SF-424All ApplicantsFillable PDF in Grants.gov.
CDFI Program Application Components:All ApplicantsAMIS.
• Funding Application Detail Related Lists: • Application Financial Data* Funders is excluded for Insured Depository Institutions, TA Applicants, and NACA TA Applicants
○ Financials and Portfolio
○ Impacts
○ Application Activities Levels
○ Funders (Historic Only) *
• Matching Funds Used (FA Core Only).
• Customer Snapshot Table.
• Key Personnel.
• Policies.
• Product Design.
• Narratives.
HFFI-FA Application Components:HFFI-FA ApplicantsAMIS.
• Funding Application Detail • Narratives—Must create new funding application
ATTACHMENTS TO THE APPLICATION:
Add to “Related Attachments” related list in application.
Matching Funds DocumentationFA Core ApplicantsPDF or Excel (Retained Earnings Calculator only) in AMIS.
Policies and ProceduresFA ApplicantsPDF in AMIS.
Key Staff ResumesAll ApplicantsPDF or Word document in AMIS.
Organizational ChartAll ApplicantsPDF in AMIS.
Audited Financial StatementsFA Applicants: Loan funds and other non-Insured Depository InstitutionsPDF in AMIS.
Management LettersFA Applicants: Loan funds and other non-Insured Depository Institutions, TA Applicants: If availablePDF in AMIS.
Unaudited Financial Statements (if Audited Financial Statements are not available)TA Applicants: Loan funds and other non-Insured Depository InstitutionsPDF in AMIS.
Call ReportsFA and TA Applicants: Insured Depository Institutions onlyPDF in AMIS.
Current Year to Date—December 31, 2015, Unaudited Financial StatementsFA and TA Applicants: Loan funds and other non-Insured Depository InstitutionsPDF in AMIS.
Additional Documents As Applicable: Community Partnership Agreement 501(c)(4) Questionnaire Explanation Environmental Review Form ExplanationAll Applicants, if applicablePDF or Word document in AMIS.
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C. Application Submission: The CDFI Fund has a two-step process that requires the submission of application documents on separate deadlines and locations. The SF-424 must be submitted through Grants.gov and all other application documents through the AMIS portal. The CDFI Fund will not accept Applications via email, mail, facsimile, or other forms of communication, except in extremely rare circumstances that have been pre-approved by the CDFI Fund. Applicants are only required to submit the OMB SF-424, Application for Federal Assistance form in Grants.gov as all other application information (listed in Table 10) will be submitted through AMIS. The deadline for submitting the SF 424 is 30 days after the publication of the NOFA. All other application information must be submitted in AMIS and only the Authorized Representative or Application Point of Contact can submit the application.

Applicants are encouraged to submit the SF-424 as early as possible through Grants.gov to provide time to resolve any submission problems. Applicants should contact Grants.gov directly with questions related to the registration or submission process as the CDFI Fund does not maintain the Grants.gov system.

The CDFI Fund strongly encourages Applicants to start the Grants.gov registration process as soon as possible (refer to the following link: http://www.grants.gov/​web/​grants/​register.html) as it may take several weeks to complete. An Applicant that has previously registered with Grants.gov must verify that its registration is current and active.

D. Dun & Bradstreet Universal Numbering System (DUNS): Pursuant to the Uniform Administrative Requirements, each Applicant must provide as part of its Application submission, a Dun and Bradstreet Universal Numbering System (DUNS) number. Applicants without a DUNS number will not be able to register and submit an Application in the Grants.gov system. Please allow sufficient time for Dun & Bradstreet to respond to inquiries and/or requests for DUNS numbers.

E. System for Award Management (SAM): Any entity applying for Federal grants or other forms of Federal financial assistance through Grants.gov must be registered in SAM before submitting its Application. The SAM registration process can take several weeks to complete. Applicants that have previously completed the SAM registration process must verify that their SAM accounts are current and active. Each Applicant must continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an Application under consideration by a Federal awarding agency. The CDFI Fund will not consider any Applicant that fails to properly register or activate its SAM account and, as a result, is unable to submit its Application by the Application deadline. Applicants must contact SAM directly with questions related to registration or SAM account changes as the CDFI Fund does not maintain this system. For more information about SAM, please visit https://www.sam.gov.

F. Submission Dates and Times:

1. Submission Deadlines: The following table provides the critical deadlines for the FY 2016 Funding Round.

Table 11—FY 2016 Funding Round Critical Deadlines for Applicants

DescriptionDeadlineTime (EDT)Submission method
CDFI Certification ApplicationsMarch 18, 20165:00 p.m. EDTAward Management Information System (AMIS).
SF424 (Application for Federal Assistance)March 18, 201611:59 p.m. EDTElectronically via Grants.gov.
Last day to contact CDFI Program staffApril 15, 20165:00 p.m. EDTCDFI Fund Helpdesk: 202-653-0421 or cdfihelp@cdfi.treas.gov.
CDFI Program Application for Financial Assistance (FA) or Technical Assistance (TA)April 18, 201611:59 p.m. EDTElectronically via Awards Management Information System (AMIS).

2. Confirmation of Application Submission in Grants.gov and AMIS: Applicants are required to submit the OMB SF-424, Application for Federal Assistance through the Grants.gov system and must submit all other required application materials through the AMIS Web site. Application materials submitted through both systems are due by the application deadlines. Applicants must submit the SF-424 on an earlier deadline from the other required application materials in AMIS. If the SF-424 is not successfully accepted by Grants.gov by the deadline, the CDFI Fund will not review any of the material submitted in AMIS and the Application will be deemed ineligible.

(a) Grants.gov Submission Information: Each Applicant will receive an email from Grants.gov immediately after submitting the SF-424 confirming that the submission has entered the Grants.gov system. This email will contain a tracking number for the submitted SF-424. Within 48 hours, the Applicant will receive a second email, which will indicate if the submitted SF-424 was either successfully validated or rejected with errors. However, Applicants should not rely on the email notification from Grants.gov to confirm that their SF-424 was validated. Applicants are strongly encouraged to use the tracking number provided in the first email to closely monitor the status of their SF-424 by contacting the helpdesk at Grants.gov directly. The Application material submitted in AMIS is not officially accepted by the CDFI Fund until Grants.gov has validated the SF-424.

(b) Award Management Information System (AMIS) Submission Information: AMIS is a web-based portal where Applicants will directly enter their application information and add required attachments listed in Table 10. AMIS will verify that the Applicant provided the minimum information required to submit an Application. Applicants are responsible for the quality and accuracy of the information and attachments included in the Application submitted in AMIS. The CDFI Fund strongly encourages the Applicant to allow sufficient time to confirm the Application content, review the material submitted, and remedy any issues prior to the Application deadline. Only the Authorized Representative or the application Point of Contact can submit the Application. Applicants can only submit one Application. Upon submission, the Application will be locked and cannot be resubmitted, edited, or modified in any way. The CDFI Fund will not unlock or allow multiple Applications submissions.

4. Late Submission: The CDFI Fund will not accept an Application submitted after the Application deadline except where the submission delay was a direct result of a Federal government administrative or Start Printed Page 8338technological error. In such case, the Applicant must submit a written request for acceptance of late Application submission and include documentation of the error no later than two business days after the Application deadline. The CDFI Fund will not respond to request for acceptance of late Application submissions after that time period. Applicants must submit late Application submission requests to the CDFI Helpdesk at cdfihelp@cdfi.treas.gov with a subject line of “Late Application Submission Request.”

G. Funding Restrictions: FA, HFFI-FA and TA awards are limited by the following:

1. FA awards:

(a) An award Recipient shall use FA funds only for the eligible activities described in Section II. Award Description (C)(1) of this NOFA and its Assistance Agreement.

(b) A Recipient may not distribute FA funds to an Affiliate, Subsidiary, or any other entity, without the CDFI Fund's prior written approval.

(c) FA funds shall only be paid to the Recipient.

(d) The CDFI Fund, in its sole discretion, may pay FA funds in amounts, or under terms and conditions, which are different from those requested by an Applicant.

2. HFFI-FA awards:

(a) An award Recipient shall use HFFI-FA funds only for the eligible activities described in Section II. Award Description (C) (1) of this NOFA and its Assistance Agreement.

(b) A Recipient may not distribute HFFI-FA funds to an Affiliate, Subsidiary, or any other entity, without the CDFI Fund's prior written approval.

(c) HFFI-FA funds shall only be paid to the Recipient.

(d) The CDFI Fund, in its sole discretion, may pay HFFI-FA funds in amounts, or under terms and conditions, which are different from those requested by an Applicant.

3. TA grants:

(a) An award Recipient shall use TA funds only for the eligible activities described in Section II. Award Description (C) (2) of this NOFA and its Assistance Agreement.

(b) A Recipient may not distribute TA funds to an Affiliate, Subsidiary or any other entity, without the CDFI Fund's prior written consent.

(c) TA funds shall only be paid to the Recipient.

(d) The CDFI Fund, in its sole discretion, may pay TA funds in amounts, or under terms and conditions, which are different from those requested by an Applicant.

V. Application Review Information

1. Criteria: If the Applicant has submitted a complete and eligible Application, the CDFI Fund will conduct a substantive review in accordance with the criteria and procedures described in the Regulations, this NOFA, the Application guidance, and the Uniform Administrative Requirements. The CDFI Fund reserves the right to contact the Applicant by telephone, email, or mail for the sole purpose of clarifying or confirming Application information. If contacted, the Applicant must respond within the time period communicated by the CDFI Fund or run the risk that its Application will be rejected.

(a) Application Scoring and Award Selection (FA, HFFI-FA, and TA): The CDFI Fund will evaluate each Application using the FA and TA Application Scoring Criteria described in the Application. An Applicant must receive a minimum 60 percent of the total score for the FA, HFFI-FA, and TA components in order to be considered for an award. An Applicant that is an Emerging CDFI will be rated, among other elements, on its plan to meet the requirements of a Certified CDFI within two years of the beginning of the period of performance (or if the Applicant is a prior TA Recipient, by the date specified in its previous Assistance Agreement).

The CDFI Fund will score each part as indicated in Tables 12 and 13.

Table 12—FA & TA Application Scoring Criteria

FA & TA narrative sectionsFA Applicants (points)TA Applicants (points)
Executive SummaryNot ScoredNot Scored
Purpose/Proposal1015
Products1010
Policies1010
People1015
Partnerships105
Performance4030
Projections1015
Total Points100100

Table 13—HFFI-FA Application Scoring Criteria

HFFI-FA Narrative sectionsHFFI-FA Applicants
HFFI Target Market Profile4
Healthy Food Financial Products5
Healthy Food Development Services2
Projected HFFI-FA Activities7
HFFI Track Record, Management Capacity for Providing Healthy Food Financing, Healthy Food Financing Outcomes7
Total Points25

2. Review and Selection Process. All Applications will be initially evaluated by external non-Federal reviewers who are selected based on criteria that includes: A professional background in community and economic development finance; experience reviewing financial statements of all CDFI institution types; and experience performing Start Printed Page 8339underwriting of community and economic development projects. Reviewers must complete the CDFI Fund's conflict of interest process and be approved by the CDFI Fund. The CDFI Fund's application reader conflict of interest policy is located on the CDFI Fund's Web site.

TA Applications will be evaluated by one external reviewer; FA and HFFI-FA Applications will be evaluated by three external reviewers. All Applications will be reviewed in accordance with reviewer evaluation materials. Applications will be ranked based on Application scores, from highest to lowest. In the case of tied scores, Applicants will be ranked first according to each Performance score, then the Purpose section. TA Applicants, Category I, Category II, and HFFI-FA Applicants will be grouped and ranked separately.

3. Programmatic and Financial Risk Analysis. The CDFI Fund conducts three additional levels of due diligence for Applications that are in scoring contention for an award. This due diligence includes an analysis of programmatic and financial risk factors including, but not limited to: Financial stability; quality of management systems and ability to meet award management standards; history of performance in managing Federal awards (including timeliness of reporting and compliance); reports and findings from audits; and the Applicant's ability to effectively implement Federal requirements. Award amounts may be reduced as a result of this analysis. In addition, for FA awards, the CDFI Fund may reduce awards sizes from requested amounts based on certain variables, including an Applicant's loan disbursement activity, total portfolio outstanding, and similar factors. Lastly, the CDFI Fund may consider geographic diversity of Applicants when making its funding decisions.

4. Insured Depository Institutions: The CDFI Fund will consider safety and soundness information from the Appropriate Federal or State Banking Agency. If the Applicant is a CDFI Depository Institution Holding Company, the CDFI Fund will consider information provided by the Appropriate Federal or State Banking Agencies about both the CDFI Depository Institution Holding Company and the CDFI Certified Insured Depository Institution that will expend and carry out the award. If the Appropriate Federal Banking Agency or Appropriate State Agency identifies safety and soundness concerns, the CDFI Fund will assess whether the concerns cause or will cause the Applicant to be incapable of undertaking the activities for which funding has been requested.

5. Non-Regulated Institutions: In accordance with the CDFI Program's authorizing statute and regulations, the CDFI Fund must ensure, to the maximum extent practicable, that recipients that are non-regulated CDFIs are financially and managerially sound and maintain appropriate internal controls (12 U.S.C. 4707(f)(1)(A) and 12 CFR 1805.800(b)). Further, the CDFI Fund must determine that an Applicant's capacity to operate as a CDFI will not be dependent upon assistance from the CDFI Fund for continued viability (12 U.S.C. 4704(b)(2)(A)). If it is determined the Applicant is incapable of meeting these requirements, the CDFI Fund reserves the right to deem the Applicant ineligible or terminate the award.

6. Anticipated Award Announcement: The CDFI Fund anticipates making CDFI Program award announcements after September 23, 2016 and before September 30, 2016.

7. Application Rejection: The CDFI Fund reserves the right to reject an Application if information (including administrative error) comes to the CDFI Fund's attention that either: Adversely affects an Applicant's eligibility for an award; adversely affects the Recipient's certification as a CDFI (to the extent that the award is conditional upon CDFI certification); adversely affects the CDFI Fund's evaluation or scoring of an Application; or indicates fraud or mismanagement on the Applicant's part. If the CDFI Fund determines any portion of the Application is incorrect in a material respect, the CDFI Fund reserves the right, in its sole discretion, to reject the Application. The CDFI Fund reserves the right to change its eligibility and evaluation criteria and procedures, if the CDFI Fund deems it appropriate. If the changes materially affect the CDFI Fund's award decisions, the CDFI Fund will provide information about the changes through its Web site. The CDFI Fund's award decisions are final and there is no right to appeal the decisions.

VI. Federal Award Administration Information

A. Award Notification: Each successful Applicant will receive an email “notice of award” notification from the CDFI Fund stating that its Application has been approved for an award. Each Applicant not selected for an award will receive an email stating that a debriefing notice has been provided in its AMIS account.

B. Assistance Agreement: Each Applicant selected to receive an award must enter into an Assistance Agreement with the CDFI Fund in order to receive a payment(s). The Assistance Agreement will set forth the award's terms and conditions, including but not be limited to the: (i) Award amount; (ii) award type; (iii) award uses; (iv) eligible use of funds; (v) performance goals and measures; and (vi) reporting requirements. FA Assistance Agreements have three-year periods of performance; TA Assistance Agreements have two-year periods of performance.

1. Certificate of Good Standing: All FA and TA Recipients that are not Insured Depository Institutions will be required to provide the CDFI Fund with a certificate of good standing from the secretary of state for the Recipient's State of incorporation prior to closing. This certificate can often be acquired online on the secretary of state Web site for the Recipient's State of incorporation and must generally be dated within 270 days before the date the Recipient executes the Assistance Agreement. Due to potential backlogs in State government offices, Applicants are advised to submit requests for certificates of good standing no later than 60 days after they submit their Applications.

2. Closing: Pursuant to the Assistance Agreement, there will be an initial closing at which point the Assistance Agreement and related documents will be properly executed and delivered, and an initial payment of FA or TA may be made. FA Recipients that are subject to the matching funds requirement will not receive a payment until 100 percent of their matching funds are In-Hand. The first payment is the estimated amount of award that the Recipient states in its Application that it will use for eligible FA or TA activities in the first 12 months after the award.

The CDFI Fund will minimize the time between the Recipient incurring costs for eligible activities and award payment based on what is administratively feasible. The advanced payments for eligible activities will occur no more than one year in advance of the Recipient incurring costs for the eligible activities. Following the initial closing, there may be subsequent closings involving additional award payments. Any documents in addition to the Assistant Agreement that are connected with such subsequent closings and payments shall be properly executed and timely delivered by the Recipient to the CDFI Fund.

3. Requirements Prior to Entering into an Assistance Agreement: If, prior to entering into an Assistance Agreement, Start Printed Page 8340information (including administrative error) comes to the CDFI Fund's attention that: Adversely affects the Recipient's eligibility for an award; adversely affects the Recipient's certification as a CDFI (to the extent that the award is conditional upon CDFI certification); adversely affects the CDFI Fund's evaluation of the Application; indicates that the Recipient is not in compliance with any requirement listed the Uniform Administrative Requirements; or indicates fraud or mismanagement on the Recipient's part, the CDFI Fund may, in its discretion and without advance notice to the Recipient, terminate the award or take such other actions as it deems appropriate. The CDFI Fund reserves the right, in its sole discretion, to rescind an award if the Recipient fails to return the Assistance Agreement, signed by the authorized representative of the Recipient, and/or provide the CDFI Fund with any other requested documentation, within the CDFI Fund's deadlines.

In addition, the CDFI Fund reserves the right, in its sole discretion, to terminate and rescind the Assistance Agreement and the award made under this NOFA pending the criteria described in the following table:

Table 14—Requirements Prior To Executing an Assistance Agreement

RequirementCriteria
Failure to meet reporting requirements• If a Recipient received a prior award under any CDFI Fund program and is not current with the reporting requirements in the previously executed agreement(s), the CDFI Fund can delay entering into an Assistance Agreement or disbursing an award until reporting requirements are met.
• If such a Recipient is unable to meet the requirement within the timeframe specified, the CDFI Fund may terminate and rescind the Assistance Agreement and the award made under this NOFA.
• The automated systems the CDFI Fund uses only acknowledge a report's receipt, not a determination of meeting reporting requirements.
Failure to maintain CDFI Certification• An FA Recipient must be a Certified CDFI prior to entering into an Assistance Agreement.
• If an FA Recipient fails to maintain CDFI Certification, the CDFI Fund will terminate and rescind the Assistance Agreement and the award made under this NOFA.
Pending resolution of noncompliance• The CDFI Fund will delay entering into an Assistance Agreement with a Recipient that has pending noncompliance issues if the CDFI Fund has not yet made a final determination as to whether the Recipient is in default of its previously executed award agreement(s).
• If the Recipient is unable to satisfactorily resolve the compliance issues, the CDFI Fund may terminate and rescind the Assistance Agreement and the award made under this NOFA.
Default or Noncompliance statusIf, at any time prior to entering into an Assistance Agreement, the CDFI Fund determines that an Recipient is in default of a previously executed agreement with the CDFI Fund and the Recipient has been provided written notification of such determination, the CDFI Fund can delay entering into an Assistance Agreement, until the Recipient has cured the default by taking actions the CDFI Fund has specified within the specified timeframe. Further, if, at any time prior to entering into an Assistance Agreement, the CDFI Fund determines that an Recipient is noncompliant with an FY 2015 or later award agreement with the CDFI Fund and the Recipient has been provided written notification of such determination, the CDFI Fund can delay entering into an Assistance Agreement, until the Recipient has cured the noncompliance by taking actions the CDFI Fund has specified within the specified timeframe. If the Recipient is unable to meet the cure requirement within the specified timeframe, the CDFI Fund may terminate and rescind the Assistance Agreement and the award made under this NOFA.
Final Default and sanctionsIf the CDFI Fund has found the Recipient in final default of a prior executed agreement and provided notification of sanctions, the CDFI Fund may terminate and rescind the Assistance Agreement and the award made under this NOFA within the time period specified in such notification.
Compliance with Federal civil rights requirementsIf prior to entering into an Assistance Agreement under this NOFA, the Recipient receives a final determination, made within the last three years, in any proceeding instituted against the Recipient in, by, or before any court, governmental, or administrative body or agency, declaring that the Recipient has violated the following laws: Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.2000d); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); the Age Discrimination Act of 1975, (42 U.S.C. 6101-6107), and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, the CDFI Fund will terminate and rescind the Assistance Agreement and the award made under this NOFA.
Do Not Pay• The Do Not Pay Business Center was developed to support Federal agencies in their efforts to reduce the number of improper payments made through programs funded by the Federal government.
• The CDFI Fund reserves the right, in its sole discretion, to rescind an award if the Recipient is identified as an ineligible recipient on the Do Not Pay database.
Safety and soundness• If it is determined the Recipient is or will be incapable of meeting its award obligations, the CDFI Fund will deem the Recipient to be ineligible or require it to improve safety and soundness conditions prior to entering into an Assistance Agreement.

C. Reporting

1. Reporting requirements: On an annual basis for the period of performance, the CDFI Fund may collect information from each Recipient including, but not limited to, an Annual Report with the following components:Start Printed Page 8341

Table 15—Annual Reporting Requirements

Financial Report (Financial Statements and Related Auditor's and Accountant's Review Reports, if applicable)The Financial Report will be reviewed by the CDFI Fund to determine the Recipient's financial and managerial soundness.
Single Audit (if applicable) (or similar report)If a Recipient is required to complete a Single Audit Report, it should be submitted to the Federal Audit Clearinghouse (see 2 CFR subpart F—Audit Requirements in the Uniform Administrative Requirements).
For-profit Recipients will be required to complete and submit a similar report directly to the CDFI Fund.
Institution Level Report (ILR)The ILR is a report used to collect compliance and performance data from CDFI Fund award Recipients. The ILR is submitted through the Community Investment Impact System (CIIS) and captures organizational information, financial position, lending and investing activities, community development outputs, and development services.
Transaction Level Report (TLR)The TLR is a report used to collect compliance and performance data from CDFI Fund award Recipients. The TLR is submitted through the CIIS and captures data on each individual loan and investment in the award Recipient's portfolio.
• For CDFI Depository Institution Holding Company award Recipients, the TLR captures data on the individual loans and investments by its CDFI Subsidiary Insured Depository Institution's portfolio.
• TLR is not required for TA Recipients.
Federal Financial Report/OMB Standard Form 425If the Recipient receives a TA award, it must submit the Federal Financial Report/OMB Standard Form 425 via AMIS.
Uses of Funds ReportIf the Recipient receives an FA or TA award, it must submit the Uses of Funds Report via AMIS.
Shareholders ReportIf the Assistance is in the form of an Equity Investment, the Recipient must submit shareholder information to the CDFI Fund showing the class, series, and number of shares and valuation of capital stock held or to be held by each shareholder. The Shareholder Report must be submitted for as long as the CDFI Fund is an equity holder.

Each Recipient is responsible for the timely and complete submission of the Annual Reporting requirements. The CDFI Fund reserves the right to contact the Recipient and additional entities or signatories to the Assistance Agreement to request additional information and documentation. The CDFI Fund will use such information to monitor each Recipient's compliance with the requirements in the Assistance Agreement and to assess the impact of the CDFI Program. The CDFI Fund reserves the right, in its sole discretion, to modify these reporting requirements, including increasing the scope and frequency of reporting, if it determines it to be appropriate and necessary; however, such reporting requirements will be modified only after notice to Recipients.

2. Financial Management and Accounting: The CDFI Fund will require Recipients to maintain financial management and accounting systems that comply with Federal statutes, regulations, and the terms and conditions of the Federal award. These systems must be sufficient to permit the preparation of reports required by general and program specific terms and conditions, including the tracing of funds to a level of expenditures adequate to establish that such funds have been used according to the Federal statutes, regulations, and the terms and conditions of the Federal award.

The cost principles used by Recipients must be consistent with Federal cost principles and support the accumulation of costs as required by the principles, and must provide for adequate documentation to support costs charged to the CDFI Program award. In addition, the CDFI Fund will require Recipients to: Maintain effective internal controls; comply with applicable statutes, regulations, and the Assistance Agreement; evaluate and monitor compliance; take action when not in compliance; and safeguard personally identifiable information.

VII. Agency Contacts

A. The CDFI Fund will respond to questions concerning this NOFA and the Application between the hours of 9:00 a.m. and 5:00 p.m. Eastern Daylight Savings Time, starting on the date that the NOFA is published through the date listed in Table 1 and Table 11. The CDFI Fund will post on its Web site responses to reoccurring questions received about this Application. Other information regarding the CDFI Fund and its programs may be obtained from the CDFI Fund's Web site at http://www.cdfifund.gov. Table 16 lists CDFI Fund contact information:

Table 16—Contact Information

Type of questionTelephone number (not toll free)Email addresses
CDFI Program202-653-0421, option 1cdfihelp@cdfi.treas.gov.
Certification, Compliance Monitoring, and Evaluation202-653-0423ccme@cdfi.treas.gov.
AMIS—IT Help Desk202-653-0422AMIS@cdfi.treas.gov.

B. Information Technology Support: For IT Assistance, submit an AMIS Service Request (Record Type of “General Inquiry”). In the Service Request form, select the appropriate program, then select “AMIS Technical Problem” as the Type. People who have visual or mobility impairments that prevent them from using the CDFI Fund's Web site should call (202) 653-0422 for assistance (this is not a toll free number).

C. Communication with the CDFI Fund: The CDFI Fund will use contact information in AMIS to communicate with Applicants and Recipients. It is imperative, therefore, that Applicants, Recipients, Subsidiaries, Affiliates, and signatories maintain accurate contact information in their accounts. This includes information such as contact names (especially for the authorized representative) listed in this NOFA's application materials, email addresses, Start Printed Page 8342fax and phone numbers, and office locations.

D. Civil Rights and Diversity: Any person who is eligible to receive benefits or services from CDFI Fund or Recipients under any of its programs is entitled to those benefits or services without being subject to prohibited discrimination. The Department of the Treasury's Office of Civil Rights and Diversity enforces various Federal statutes and regulations that prohibit discrimination in financially assisted and conducted programs and activities of the CDFI Fund. If a person believes that s/he has been subjected to discrimination and/or reprisal because of membership in a protected group, s/he may file a complaint with: Associate Chief Human Capital Officer, Office of Civil Rights, and Diversity, 1500 Pennsylvania Ave. NW., Washington, DC 20220 or (202) 622-1160 (not a toll-free number).

VIII. Other Information

A. Paperwork Reduction Act: Under the Paperwork Reduction Act (44 U.S.C. chapter 35), an agency may not conduct or sponsor a collection of information, and an individual is not required to respond to a collection of information, unless it displays a valid OMB control number. If applicable, the CDFI Fund may inform Applicants that they do not need to provide certain Application information otherwise required. Pursuant to the Paperwork Reduction Act, the CDFI Program, and NACA Program Application has been assigned the following control number: 1559-0021.

B. Application Information Sessions: The CDFI Fund may conduct webinars or host information sessions for organizations that are considering applying to, or are interested in learning about, the CDFI Fund's programs. For further information, please visit the CDFI Fund's Web site at http://www.cdfifund.gov.

Start Authority

Authority: 12 U.S.C. 4701, et seq; 12 CFR parts 1805 and 1815; 2 CFR part 200.

End Authority Start Signature

Mary Ann Donovan,

Director, Community Development Financial Institutions Fund.

End Signature End Preamble

[FR Doc. 2016-03221 Filed 2-17-16; 8:45 am]

BILLING CODE 4810-70-P