Notice of Funds Available (RFP)

Nebraska Council On Developmental Disabilities
This notice is not publicly posted.
The application deadline for this notice has expired.

2021.OGR.01:  Opportunity Subaward

Specifications

Posted Applications Due Start Date End Date Amount MatchPoverty Match Council Staff
Jul 21, 2021 Oct 01, 2021 Sep 30, 2022 $15,000.00 $5,000.00$0.00 Joni Dulaney

The DD Council

The Nebraska Council on Developmental Disabilities (NCDD, or Council) is an independent agency funded by the federal government to work with the State of Nebraska to better support people with developmental disabilities and their families. The Council engages in Advocacy, Capacity Building, and System Change activities that assure that individuals with developmental disabilities and their families participate in the design and have access to needed community services, individualized support, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life.

NCDD is comprised of 25 volunteer members appointed by the governor and a small staff. Members include individuals with developmental disabilities and family members or guardians of individuals with developmental disabilities, professionals, advocates, and representatives of state and private agencies.

Project Description

The Council, under the State of Nebraska Department of Health and Human Services (DHHS) Division of Public Health, announces the release of a Notice of Funds Available (NoFA) through a Request for Applications for Opportunity Subaward projects. Opportunity Subaward funds are intended to support smaller, innovative projects that do not meet the more formalized request for applications that the Council releases each year. Funds for these projects are provided by the Council under DHHS through the federal Administration on Disability/Office of Intellectual and Developmental Disabilities.

Opportunity Subaward projects are funded for only one year. Projects will focus on improving the lives of persons with developmental disabilities and their families. A definition of developmental disability is included below for your reference. Opportunity Subaward projects must address one of the four goals in the Council’s 2022-2026 Five-Year State Plan. Applicants should justify how their project supports inclusion and self-direction, as well as how the project will be sustained beyond the one-year subaward period.

Project Specific Requirements:
Application must include a description of the project activities, expected outputs, and expected outcomes.

Primary Project Activities:
Subrecipient will describe the project activities that will occur to meet the Council’s goal. Examples include:
• Collecting stories from people with DD and their families to discuss the specific and unique needs they face.
• Recommending strategies to improve processes or systems changes.
• Formulating plans to address a specific issue.
• Collecting survey data from project participants as applicable.

Expected Outputs:
• A written report of recommendations for process or systems changes.
• A handbook that will be used by individuals with DD, families, service providers, medical staff, etc.
• Curriculum for training on a specific topic.

Expected Outcomes:
• A specific number of individuals with disabilities and their families are included in a planning process.
• A specific number of individuals are trained as a result of the project.
• Improvements to processes or procedures were implemented.

Council Goals and Objectives

Projects must address one of the following goals and objectives (also found in Attachment 2):

Goal 1. The Nebraska Council on Developmental Disabilities (DD) will collaborate with Nebraska DD Network Partners, state agencies, community programs, and other stakeholders to provide resources and improve competitive, integrated, and meaningful opportunities for employment, including self-employment with competitive wages, for Nebraskans with intellectual and developmental disabilities (I/DD).

Objective A. Conduct a comprehensive Employment and Supported Employment Outcomes Study across the state of Nebraska to identify necessary systemic changes to Nebraska’s employment support system. Findings will be used to educate individuals with I/DD and families so they can help advocate for systemic changes and remove barriers, and will be shared with leadership at Nebraska Vocational Rehabilitation (VR), Division of Developmental Disabilities, and the Nebraska Legislature.

Objective B. Advance a Nebraska Employment First Initiative to increase resources, access, options, and opportunities for competitive, integrated employment at a living wage for all people with disabilities. Facilitate the education of Nebraskans about the Employment First initiative and its expectations. People with disabilities and their families will be included on Employment First planning committees.

Objective C. Coordinate three employer-to-employer events to increase the number of persons with I/DD employed in integrated settings at minimum wage, particularly in rural areas and/or in Spanish speaking communities. Promote job creation, hiring, retention, and promotion of individuals with I/DD, and collaboration to support and encourage self-employment opportunities for individuals with I/DD.

Goal 2. Increase and strengthen the knowledge of individuals with intellectual and developmental disabilities (I/DD) and their families to promote and encourage informed decision making about their choices leading to improved quality of life, increased independence, productivity, and full inclusion in their communities.

Objective A. Convene a workgroup across Department of Health and Human Services (DHHS) divisions, in partnership with families, to:
1. Create a plan to increase awareness of Nebraska programs that exist to provide support to families who have children with disabilities.
2. Identify ways to assess whether current programs (both state and federally funded) are meeting the needs of children with I/DD and their families.
3. Explore current Medicaid waivers and Medicaid State Plan services for adequacy.
4. Explore natural supports and non-waiver services to support individuals and families who do not have access to waiver supports or are on the DD Home and Community-Based Services (HCBS) wait list.
5. Improve efforts to educate parents, families, and professionals about the various services available through waiver supports. Continue supporting efforts to streamline waiver services to support person-centered planning principles.

Objective B. Partner with Nebraska communities and/or community-based organizations for the development of three community-based events, activities, or virtual gatherings to be held in rotating locations across the State each federal fiscal year. Events/activities/virtual gatherings will educate and inform English and non-English speaking individuals with I/DD and their families, including immigrants and refugees, and professionals about important and emerging disability related issues, services, and supports available in their communities and statewide, and how to use assistive technology in employment, education, recreation, behavior, etc.

Objective C. Address technology needs and lack of capacity to train parents on how to navigate technology and on the use of Assistive Technology by collaborating with a community services agency in non-English speaking communities to provide training and technical assistance.

Goal 3: By 2026, the capacity of communities and systems to fully include individuals with intellectual and developmental disabilities (I/DD) will be increased so that people will have opportunities for greater independence and integration.

Objective A. People with I/DD are provided services and supports by professionals in a variety of service systems who are knowledgeable, trained, and supported. Enhanced training and support will address work force capacity issues and recruitment and retention in I/DD services areas, with a particular focus on direct support professionals.
1. Through 2026, support annual training opportunities for direct support professionals and frontline supervisors to increase skills.

Objective B. By 2026, increase the capacity of advocates and policy makers to address at least three emerging issues that impact individuals with I/DD and their families.

Objective C. Invest in respite trainings addressing needs of children and youth with I/DD to improve access and family support.

Objective D. Invest in caregiver training for the aging population with I/DD to improve access to information, services, and supports for individuals with I/DD and their families/caregivers.

Goal 4. Each year of the plan, the Council will collaborate with self-advocacy organizations, Nebraska Developmental Disabilities (DD) Network Partners, State Agencies, and other stakeholders to implement and expand the tenets of self-determination, increase the ability and opportunity for people to advocate for themselves and others, and increase the number of individuals who meaningfully participate in policymaking and leadership roles.

Objective A. Advocate for positive systems change impacting the lives and health of individuals with intellectual and developmental disabilities (I/DD) of diverse identities and their families through active participation in statewide advisory committees and cross-disability workgroups, public policy advocacy, cross-systems dialogue, and Nebraska DD Network Partners collaboration.

Objective B. Collaborate among the Nebraska DD Network Partners (Disability Rights Nebraska, the University of Nebraska Medical Center Munroe-Meyer Institute – University Center for Excellence in Developmental Disabilities Education, Research and Services [UCEDD], and the Nebraska Council on Developmental Disabilities) to advocate for positive systems change impacting the lives and health of individuals with I/DD by:
1. Conducting monthly planning meetings to discuss trends, concerns, and challenges with a goal of system changes and improvements for Nebraskans with I/DD.
2. Hosting training on a mutually selected topic for Nebraska DD Network Partners members at the annual Tri-Board Meeting.
3. Continue leveraging joint advocacy efforts to strengthen and improve the newly developed Nebraska Olmstead Plan.

Objective C. Provide funding to continue to build People First of Nebraska, a statewide advocacy cross-disability coalition to address current and emerging systems issues of people with disabilities related to person-directed planning and meaningful, productive community inclusion.
1. Strengthen support for an increased number of self-advocates through leadership development and coalition participation by expanding efforts statewide to reach, educate, and engage younger self-advocates and their families in the self-determination movement.
2. Increase opportunities for self-advocates who are leaders to train other self-advocates to become leaders and increase opportunities for participation in cross-disability, culturally diverse organizations.

Objective D. Individuals with I/DD (especially those with co-occurring I/DD and mental health challenges and/or Alzheimer’s and other dementia symptoms) and their families will have access to services, supports, and resources to receive services in both community and school settings that are least restrictive and respects their rights.

Who Can Apply

Eligible entities include local governments, Indian tribes, institutions of higher education, and nonprofit organizations. Individuals and for-profit entities may not apply for this subaward funding. Applicants must demonstrate a working knowledge of the issues that affect people with developmental disabilities and their families, experience working with and/or advocating on behalf of people with developmental disabilities, and a history of conducting education in the activity area identified in the application. NCDD strongly encourages applications from organizations that are located in rural or urban poverty areas, organizations that employ staff with disabilities, and/or organizations that represent linguistic and cultural minorities.

Subaward Funds and Match

Council funds are available to support four projects of up to $15,000 each for one year. NOTE: A total award of this amount of funds is not guaranteed but is subject to actual money awarded to the Nebraska Department of Health and Human Services (“DHHS”) from the federal Administration on Disability/Office of Intellectual and Developmental Disabilities and to DHHS’ discretion.

Council funds provide for up to 75% of the project costs. Subrecipients must provide the remaining 25% of the project costs through cash or in-kind match. To determine the minimum matching funds required, divide the amount of Council funds requested by 3 ($15,000 divided by 3 = $5,000 minimum match required for the subaward). Applicant may provide additional non-federal matching funds to the project. The source of non-federal matching funds can include a direct financial contribution, revenue from other organizations, and in-kind contributions from the applicant or a third party such as volunteer time, supplies, and meeting space. NOTE: Federal funds cannot be used as match. Funds used to match a NCDD subaward may not be used as match for another federal grant or subaward, and NCDD funds cannot be used as match for other federal grants or subawards.

Cash match includes the use of the subrecipient organization’s own funds for things they would have to pay for (i.e., part of someone’s salary, rental space, communications, or postage) and cash donations from third-parties on project-related costs to support a project by an agency. In-kind match includes, but is not limited to, the valuation of donated goods and services. “In-kind” is the value of something received or provided by an outside source that does not have a direct cost associated with it. Examples include the value of non-paid volunteers working on project-related activities. Their hours are tracked using a timesheet similar to the way hours are tracked for project personnel. A calculation of the value of the hours will be included in the Budget/Budget Justification.

Subawards resulting from this RFA are subject to and shall follow federal regulation, as set forth herein. Subrecipients receiving subaward funds may only be paid up to the actual and allowable costs (as defined herein) of completing the Project Description. No Subawards resulting from this RFA will be fee-for-service contracts, regardless of the method of payment, and no Subrecipient may keep a profit from its subaward. Program income must be noted as Match. More detail about the terms of this funding is set forth in Section 14.6 Program Income, and 14.7 Matching Requirements.

Application and Project Timeline

Applications will consist of the cover sheet (Attachment 1), narrative responses to a set of questions, work plan with targeted performance measures, budget, and budget justification. Incomplete applications will not be accepted.

Applications must be submitted in DD Suite, NCDD's grants management system, prior to the published deadline. No hard copies will be accepted. Applicants must have or create a DD Suite user account and an organization account in order to submit an application. Go to www.ddsuite.org/TA for detailed instructions on creating DD Suite user and organization accounts and instructions for completing the application.

Deadline to submit written questions: July 20, 2021. All questions regarding this solicitation must be submitted in writing via email to Joni Dulaney, NCDD Program Specialist, at joni.dulaney@nebraska.gov. The subject of the email should be “RFA 2021.OGR.01 Questions.”

Deadline to submit applications: 11:59 PM on Wednesday, July 21, 2021.

Applicants notified of decision: August 18, 2021. All applicants who respond to this NOFA will be notified of the outcome of their application (awarded, application modifications requested, or denied) by email through DD Suite. Selected applicants may be instructed to revise their application by the Council Program Specialist. Specifics on required modifications will be provided in writing.

Projects will begin no earlier than October 1, 2021 and must be completed by September 30, 2022.

Definitions

Benefits Planning and Assistance: An on-going process that includes review of and assistance with state and federal benefits and their associated work incentives to support people who wish to pursue employment.

Community Inclusion refers to areas such as where an individual lives, works, or goes to school; relationships; pursuit of personal interests; meeting spiritual needs; learning and personal growth; physical and emotional health; self-direction; and exercising rights, roles and responsibilities as a citizen.

Competitive Integrated Employment: The term “competitive integrated employment” means work that is performed on a full-time or part-time basis (including self-employment) –

(A) for which an individual –
(i) is compensated at a rate that:
(I)(aa) shall be not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate specified in the applicable State or local minimum wage law; and
(bb) is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or
(II) in the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and
(ii) is eligible for the level of benefits provided to other employees;

(B) that is at a location where the employee interacts with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons; and

(C) that, as appropriate, presents opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.
(Source — Workforce Innovation Technical Assistance Center website)

Developmental Disability (federal definition) - The term “developmental disability” means a severe, chronic disability of a person that:
• Is attributable to a mental or physical impairment or combination of mental and physical impairments;
• Is manifested before the person attains age twenty-two;
• Is likely to continue indefinitely;
• Results in substantial functional limitations in three or more of the following areas of major life activity: (a) self-care; (b) receptive and expressive language; (c) learning; (d) mobility; (e) self-direction; (f) capacity for independent living; and (g) economic self-sufficiency;
• Reflects the individual’s need for a combination and sequence of special, interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated;
• Is an individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting three or more functional limitations in major life activities, if the individual, without services and supports, has a high probability of meeting those criteria later in life.

Diverse Identities refers to people of various races, cultural and ethnic heritages, genders, gender identities, gender expressions, sexual orientations, ages, and religions from diverse socio-economic and geographic backgrounds.

Community Inclusion

The Council is mandated by federal law with assuring that individuals with developmental disabilities and their families are integrated and included in all facets of community life. Community inclusion factors are taken into consideration when Council members review applications. The extent that a subaward application promotes full participation of the target population in the same activities of community life, recreation, employment, and education being utilized by other community members goes into the decision process. Inclusion of the larger community in the planning and implementation of the project proposal is important to enhance awareness and the expectation of success.

Project Sustainability

Council subawards are awarded for one year. Applicants must describe in detail their plan to sustain the project once Council funds end (i.e., who will maintain the project, etc.). Subaward applicants can increase the likelihood that projects will be sustained by including local community service groups, businesses, public education, and local government entities in their development. The plan should identify the activities, features, or practices that the applicant wants to sustain.

Use of Federal Funds

The following is a list of items that may be allowable under an NCDD subaward. This list is not all-inclusive. Refer to 45 CFR 75.420 for a more detailed description of selected items.

Advertising and public relations; audit services; compensation for employees for the time and effort devoted specifically to the execution of the subaward project; publication and printing; rental costs such as for computer equipment used specifically for the subaward project and office space; supplies, telecommunications; travel associated with the project.

Council subaward funds cannot be used for the following:

Alcoholic beverages; bad debts; capital expenditures for buildings or land; contingency funds; entertainment, to include amusements, social activities, and related incidental costs; federal employee compensation or travel expenses; fines and penalties; fund raising; gift cards; trinkets; interest; lobbying; memberships; organization costs such as incorporation fees, brokers' fees, attorneys, accountants, or investment counselors in connection with the establishment or reorganization of an organization; construction or renovation costs; direct services for people with developmental disabilities (unless these services are part of a model demonstration); ongoing organizational activities; to supplant existing private, state or federal funding sources; to duplicate or replace existing services provided to people with developmental disabilities and family members; to purchase equipment to support entrepreneurship or given to launch a small business.

RFA Overview

11.1 Period of Performance
The Period of Performance is the time during which a successful Applicant may incur costs to carry out the work authorized under this RFA and the resulting Subaward. See the definitions in 2 CFR § 200.77 or 45 CFR § 75.2. The initial Period of Performance for this RFA is from October 1, 2021 to September 30, 2022. This period may be extended by DHHS as allowable by the Federal Funding Agency. If state funds are involved in the award, this may also determine whether DHHS may extend a Period of Performance.

For the initial Period of Performance, all costs must be invoiced to DHHS by October 31, 2022 and liquidated (i.e., spent) by October 31, 2022. These dates are dependent on federal periods of allowability and DHHS’ own ability to timely process payments. They may be subject to change; final dates will be included in the final Subaward between the parties. If an Applicant believes they cannot meet these deadlines, they should not apply for funding under this RFA. Obligation and liquidation deadlines may be extended as allowed by the Federal Funding Agency, but no extensions are guaranteed. Future Periods of Performance, as allowed by DHHS, may have different obligation and liquidation deadlines.

11.2 Applicable Law
Because the funds to support the activities under this RFA involve federal funds, usage of these funds is subject to federal law, in addition to any applicable state law. The Uniform Grant Guidance, 2 CFR §§ 200 et seq. (“UGG”) applies to subawards funded from the United States Department of Agriculture (USDA), the Department of Housing and Urban Development (HUD), the Department of Labor (DOL), the Environmental Protection Agency (EPA) or other federal agencies. The United States Department of Health and Human Services (HHS) has adopted the UGG, but has implemented and re-codified it at 45 CFR §§ 75 et seq. (“HHSGG”); for awards funded by HHS, those regulations apply. Throughout this RFA, both the UGG and the HHSGG will be cited, although they are substantially similar.

The HHSGG shall apply to this RFA if it awards funds from block grants authorized by the Omnibus Budget Reconciliation Act of 1981, unless Nebraska statute or regulation has established provisions for the payment costs and services; in all other respects, as provided herein, those block grant subawards are governed by 45 CFR §§ 96 et seq.

Additional federal and state statutes and regulations may apply to the funding contained herein. These may be included in the Additional Program Requirements section as well as in the Subaward itself.

Further information about allowable costs and activities may be set forth herein.

11.3 Eligibility
Applicant must demonstrate a working knowledge of the issues that affect people with developmental disabilities and their families, experience working with and/or advocating on behalf of people with developmental disabilities, and a history of conducting education in the activity area identified in the application.

11.4 Funding Parameters
It is the Council's intention to award a maximum of four subawards for up to $15,000 each for projects that meet a Council State Plan Goal and Objective of the applicant's choice. Project activities are to begin no sooner than October 1, 2021 and end no later than September 30, 2022.

NCDD subaward funds cannot be used for ongoing organizational activities; to supplant existing private, state or federal funding sources; to purchase equipment or furnishings; or to duplicate or replace existing services provided to people with developmental disabilities and family members.

RFA Procedure

This RFA seeks Applications to complete activities allowable under the funding source identified in Section 5, Subaward Funds and Match. All Applications must conform to all instructions, conditions, and requirements included in this RFA. Applicants should carefully examine this RFA, as well as the requirements on the state or federal funds involved.

12.1 Evaluation
All Applications submitted by the deadline in response to the RFA must meet the technical application requirements set forth in the Pre-Award Technical Review and Risk Assessment (Attachment 3). Council members will receive copies of all completed applications and are encouraged to review each using the Subaward Evaluation Criteria Score Sheet (Attachment 4). Applications will be discussed at the August 13, 2021 Council meeting where members will vote on the applications to be funded. Applicants will be notified through DD Suite of funding decisions by August 18, 2021.

Applicants selected for funding may receive a contingency notice requesting clarification or additional information prior to the official award. Upon receipt and approval by Council staff of any contingencies, a formal subaward document will be emailed to the applicant for electronic signature. If there are no contingencies, the formal subaward document will be emailed to the applicant for electronic signature. All subaward signatures will be obtained using DocuSign. No work shall begin on the project prior to October 1, 2021. Work begun on the project prior to all required signatures being obtained may not be approved for reimbursement. Contact the Council Program Specialist for approval prior to beginning work on the project if the required signatures are not obtained by October 1, 2021.

All applicants who respond to the public posting of this solicitation will be notified of the decision on their application (awarded, application modifications requested, or denied) by email through DD Suite.

12.2 Grievance and Protest Procedures
All grievances must follow the DHHS Subaward Grievance/Protests Procedures, available on the DHHS website, www.dhhs.ne.gov. Grievances must be filed timely.

Requirements of All NCDD Subrecipients

The following terms and conditions apply to all organizations awarded NCDD subaward funds:
• Organizations receiving NCDD subaward funds must provide project activity updates by submitting quarterly Program and Expenditure reports in DD Suite. Detailed instructions on completing these reports can be found at www.ddsuite.org/TA and in the Subaward User Manual.
• Subrecipient shall administer and report survey results (see Attachment 7 for Sample Satisfaction Survey).
• General Terms – Subawards
• Verification of Taxpayer Reporting (W9) and ACH Form for electronic funds transfer payments. NOTE: Electronic fund transfer (EFT) is the required method of payment for all payees doing business with the State of Nebraska.
• NCDD reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, any work developed under any subaward awarded by NCDD.
• Final drafts of any training materials, publications, videos, websites, or other products shall be reviewed and approved by NCDD prior to dissemination to the general public. Products must acknowledge NCDD funding (see Subaward User Manual for specific wording that must be used).
• All materials developed by subrecipients under this award shall be available and/or reproducible in accessible formats. Materials will be submitted to the Council office in electronic format. Hard copy may be requested.
• As a condition of subaward funding, Subrecipients will collect and provide data to NCDD for performance measures (KPI) throughout the subaward period. Applicants are strongly encouraged to review the Performance Measures in Attachment 5.
• The following federal audit requirements are applicable to NCDD funds: Office of Management and Budget (OMB) Circular A-21, A-87, A-122, and A-133, as well as Title 48 Code of Federal Regulations (CFR) Part 31, as well as the Single Audit Act of 1984 (P.L. 98-502).
• The following regulations from Title 45 Code of Federal Regulations (CFR) may be applicable to all sub-Subrecipients. 45 CFR Parts 16, 30, 76, 80, 81, 84, 85, 86, 87, 91, 92, 93, 97, 100, 1385, and 1386.

Terms

Applicants must be aware of the following terms when submitting their Applications. These terms will be included in the resulting Subaward between the parties, as well.

14.1 Addenda
The following Addenda will be incorporated into any Subaward with a selected Applicant. They are available online at http://dhhs.ne.gov/Pages/Grants-and-Contract-Opportunities.aspx:

• Addendum A - DHHS Standard Terms – Subawards
• Addendum B - DHHS Insurance Requirements – Subawards

DHHS reserves the right to amend these terms at any time during the RFA; to negotiate the terms with selected Applicants; to amend or change these terms for any subsequent Subaward signed and executed by the parties; or any combination of the above. Terms required by federal or state law will not be negotiated, and if an Applicant cannot agree to these terms, DHHS may withdraw or modify the Intent to Subaward and take any of the actions set forth herein.

14.2 DD Act Program Specific Requirements
The parties agree to comply with the Developmental Disabilities Assistance and Bill of Rights Act that:

A. The individuals served under the proposal meet the federal definition of developmental disabilities.

B. Funds will be used to make a significant contribution toward enhancing the independence, productivity, and integration into the community of persons with developmental disabilities.

C. Any services provided using subaward funds will be provided to individuals with developmental disabilities in an individualized manner consistent with the unique strengths, resources, priorities, concerns, abilities and capabilities of such individual.

D. The human rights of the individuals with developmental disabilities (especially individuals without familial protection) who are receiving services under programs assisted under this subtitle will be protected consistent with Section 109 of the Developmental Disabilities Act, relating to the rights of individuals with developmental disabilities.

E. Programs, projects, and activities funded and the buildings in which such programs, projects, and activities are operated, will meet standards prescribed in regulations and all applicable Federal and State accessibility standards, including accessibility requirements of the Americans with Disabilities Act of 1990, Section 508 of the Rehabilitation Act of 1973, and the Fair Housing Act.

F. All programs and facilities operated with subaward funds meet minimum standards, regulations, and guidelines as prescribed by federal, state, and local authority for the maintenance and operation of such programs and facilities.

G. In order to avoid discrimination against persons with limited English proficiency on grounds of national origin, adequate steps will be taken to ensure that such persons receive the language assistance necessary to afford them meaningful access to the programs, free of charge.

H. Create and conduct a satisfaction survey of project participants using a format and process approved by the Council Program Specialist.

14.3 Budget Changes
The final Subaward may contain terms to allow a Subrecipient to modify a budget, with or without approval from DHHS. Applicants should not, however, rely on this when submitting budgets. See the Subaward User Manual for more information.

14.4 Direct Costs
Under this Subaward, DHHS shall only pay for actual and allowable costs (as defined in this section) incurred during the Period of Performance. See the Subaward User Manual for more information.

To be allowable, all costs must be:

• Necessary for the performance of the Subaward activities;
• Reasonable, as provided in 2 CFR § 200.404 or 45 CFR § 75.404;
• Allocable to the federal award, as provided in 2 CFR § 200.405 or 45 CFR § 75.405;
• Consistent with all other requirements of the Cost Principles in 2 CFR § 200 Subpart E or 45 CFR § 75 Subpart E; and
• Consistent with all other law, regulation, policy, or other requirements applicable to the state or federal funds involved.

To be actual, all costs must be finalized and spent by the appropriate dates set forth in the Subaward.

Particular Federal Funding Agencies may have additional requirements and stipulations regarding allowable costs under that particular funding.

Applicants should be aware that direct personnel costs must be consistent with 45 CFR § 75.430 or 2 CFR § 200.430, as applicable. These costs must be able to be backed by sufficient documentation, or must be shown to be allocable to the award via an alternative, allowable method, such as a random moment time study.

14.5 Indirect Costs
Federal law defines indirect costs as “costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved.” 2 CFR § 200.56 and 45 CFR § 75.2. All indirect costs may only be paid if they are consistent with the UGG or HHSGG, as applicable.

As provided in 2 CFR § 200.414 and 45 CFR § 75.414, indirect costs may only be paid from a federal grant if paid through a federally-approved rate or a rate negotiated between DHHS and the Applicant. If the Applicant has never had a federally-approved indirect rate, it may charge indirect costs as consistent with the federal rules for de minimis indirect costs. See the Subaward User Manual for more information.

Cost Allocation plans may set forth a direct allocation of all costs under a subaward, or may allocate only a portion of those costs along with an indirect rate. Subrecipients may not, however, charge items as direct costs and also as indirect costs.

IF APPLICANTS PLAN TO CHARGE INDIRECT COSTS OTHER THAN THROUGH A COST ALLOCATION PLAN, Applicants thus MUST provide one of the following along with their budget: 1) A current federally-approved indirect cost rate agreement; 2) A currently approved indirect cost rate agreement with DHHS; or 3) A calculation of de minimis indirect costs consistent with federal rules. DHHS may provide a calculator to aid programs in calculating de minimis indirect costs, upon request.

Indirect costs and cost allocation plans may also be negotiated after the Intent to Subaward. As consistent with law, Applicants may voluntarily opt to take a lower indirect rate than their approved agreement, or indirect cost calculation, allows.

14.6 Program Income
Any revenue generated by the Subaward is Program Income (see definition in 2 CFR § 200.80 or 45 CFR § 75.2). Program Income requires an accounting of its use and must be handled in accordance with 2 CFR § 200.307 or 45 CFR § 75.307. As per the Notice of Award for the federal funds involved in this RFA or from other regulation, all program income generated by the project as a result of this RFA must be reported as matching funds. Please see the regulations cited above for more detail. Also see the Subaward User Manual for more information.

14.7 Matching Requirements
Subawards resulting from this RFA require the successful Applicant to match the funds awarded at a rate of 25% of total program costs. See 2 CFR § 200.306 or 45 CFR § 75.306. Match must be based on the total costs, not the percentage of the federal funds alone. Federal funds from another source may not be used as match. See the Subaward User Manual for more information.

14.8 Additional Program Requirements
This RFA and any resulting Subaward will be subject to the HHS Grants Policy Statement (www.hhs.gov/sites/default/files/grants/grants/policies-regulations/hhsgps107.pdf) See the Subaward User Manual for more information on subaward requirements.