Notice of Funds Available (RFP)

Nebraska Council On Developmental Disabilities
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The application deadline for this notice has expired.
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2021.FGR.02:  HCBS Provider Needs Assessment Project

Specifications

Posted Applications Due Start Date End Date Amount MatchPoverty Match Council Staff
Jul 21, 2021 Oct 01, 2021 Sep 30, 2023 $60,000.00 $20,000.00$0.00 Joni Dulaney

The DD Council

NCDD 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 Systems 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 Nebraska Council on Developmental Disabilities (NCDD, or 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 under State Plan Goal 3, Community Integration and Inclusion, Objective B. A maximum of $60,000 is available to fund one “Nebraska Developmental Disabilities Home and Community-Based Services (HCBS) Waiver Provider Needs Assessment” project for two years. Mid way through the second year of the project, the Council will evaluate the effectiveness of the project to determine whether additional resources are needed to continue documenting HCBS provider capacity in the state of Nebraska. Funds for this project come from the federal Administration on Disability/Office of Intellectual and Developmental Disabilities. NOTE: A total award of this amount of funding is not guaranteed, but is subject to actual money awarded to DHHS from the Awarding Agencies and to DHHS’ discretion.

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 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.

In 2020, the Council released a survey to receive feedback from individuals with developmental disabilities (DD), families/guardians, and community providers across Nebraska on areas they felt should be the focus of the Council’s next five-year state plan. Goals and objectives for the 2022-2026 State Plan were created from these responses. The Council’s October 2020 Needs Assessment final report is available on our website at https://dhhs.ne.gov/Pages/DD-Planning-Council-Resources.aspx.

Respondents rated informal and formal services and supports as their top priority areas for the Council to address. Specific needs identified as important include issues related to the State’s Registry of Eligible Persons for Specialized Supports* (Registry) and the availability of services, as well as the need to bolster family supports. Most family members and care providers believe it is important to address issues related to the Registry. Nearly three-fourths of respondents believe it is very important to increase allocations to fund HCBS waivers (72.0%), and to decrease the number of persons waiting for residential services (72.99%) and those on the Registry for other services (73.41%). Nearly half (45.61%) of self-advocates reported that they are unable to get waiver services due to the Registry.

The Council values HCBS waiver services provided through the DHHS Division of Developmental Disabilities (DD Division). These services meet the residential, vocational, and habilitative needs of individuals with DD. Waiver services support individuals with DD in leading meaningful, productive, and integrated lives through all facets of community life. Roughly 4,900 individuals with DD and their families in both urban and rural areas across Nebraska currently receive and rely on these waiver services. For those who remain on the Registry list, quality of life is compromised and families struggle emotionally, physically, and financially to maintain caregiving, residential, and independence-focused supports.

Recent Council advocacy efforts have supported legislation that would provide funding for all individuals on the DD Registry list. However, concerns were raised during legislative floor debate that Nebraska does not have the DD HCBS services provider capacity to provide adequate supports if funding to eliminate the current Registry list were appropriated, and the legislation did not pass. (The Health and Human Services Committee of the Nebraska Legislature introduced Legislative Resolution 239 to conduct an interim study to examine the effectiveness of Medicaid waivers, provider capacity, and more: https://nebraskalegislature.gov/FloorDocs/107/PDF/Intro/LR239.pdf. Subrecipient should reference the findings in LR239 when addressing the capacity of providers to provide waiver services.) HCBS waiver providers are anticipating increased difficulty with service capacity, reimbursement rates, and infrastructure and staffing levels, especially since Nebraska is facing a Direct Support Provider shortage crisis. For these reasons, this Request for Applications is addressing this emerging issue – advocating to fully fund the Registry list without knowing whether Nebraska has the DD provider capacity to meet the need – under Goal 3, Objective B instead of under Goal 2, Informal and Formal Supports.

Project Intent
The intent of this community-based needs assessment is to provide a blueprint to advocates, policymakers, and the DD Division of how to reduce the Registry list with both independent and agency providers (defined at the end of this RFA). Provider capacity, quality, recruitment, and retention are the multiple variables related to this issue, and Nebraska needs to establish a baseline to provide guidance on what steps and investments are needed to strengthen provider capacity. This also includes ensuring that Nebraska has the provider capacity to meet the needs of individuals with high behavioral or medical needs.

In 1991 the Legislature passed the Developmental Disabilities Services Act. We must keep our promise to provide services in the community for people with developmental disabilities. Providing services in the community for people with disabilities allows them to direct their own services and make their own decisions about how they live their lives. Without the needed funding, people with developmental disabilities are at a greater risk of being placed in institutional settings. The State of Nebraska must commit to a long term solution to eliminate the Registry list.

Project Specific Requirements
Successful applicant will conduct a survey and a robust statewide needs assessment to identify and quantify the gaps and capacity of HCBS DD providers throughout Nebraska. The needs assessment will include focus groups to assist with identifying where HCBS DD providers are located and the needs of the communities to ensure there is provider capacity (both agency and independent providers) to serve all individuals with DD who are eligible for waiver services on the current Registry list. Additionally, this provides an opportunity to ask focus group participants and survey respondents to identify aging caregivers who have adults with DD living at home who may not be receiving any services. Subrecipient will work closely with the DHHS DD Division to review the DD Registry list while factoring in anticipated eligible applicants in the coming years.

The Needs Assessment platform must highlight the unique needs of the different regions of the state by hosting regional and/or community town hall focus group meetings. This will identify the gaps and barriers related to provider capacity in those regions and communities. The process will identify providers in all locations across the state, as well as where eligible waiver recipients live. Data collection will identify HCBS DD provider shortage areas. In addition to narrative reports, charts, graphs, and maps will provide graphical data to allow Nebraska HCBS providers, policymakers, and disability advocates to begin addressing shortages through strategic planning and workforce investment.

Primary Project Activities
• Create a statewide needs assessment survey that will gather data on:
o The locations of families in need of HCBS DD services;
o The locations and capacity of HCBS DD services providers across the state;
o Gaps and barriers to receiving HCBS DD services experienced by families;
o The needs of communities to ensure sufficient agency and independent provider capacity for individuals currently eligible for waiver services; and
o HCBS DD provider shortage areas.
• Conduct focus groups in communities across the state and/or regionally to collect data using the needs assessment survey.
o To ensure adequate representation from urban and rural, un/underserved, and English and non-English speaking communities, focus groups are held in each of the six regions (see Attachment 9 for a map of the regions). Note that Region 2 will have one focus group in area 2A and one in area 2B.
o Agency and independent service providers are included in the focus groups to report on recruitment and retention of direct support professionals, ability to meet the needs of individuals with high behavioral or medical needs, and capacity now and if/when the Registry list is fully funded.
o Ensure focus group recruiting and materials are available in culturally appropriate, plain language for English and Spanish speaking audiences, and that translators and interpreters are available upon request.
• Work with the DD Division to review the DD Registry list and anticipate the numbers of future eligible applicants for services.
• Follow Legislative Resolution 239 to incorporate these findings into the final report. This may include contacting members of the legislature’s Health and Human Services Committee to ask questions and/or obtain information.
• Compile focus group and needs assessment data and DD Division Registry list information into a final report that will incorporate comments and concerns of families and HCBS DD providers on the gaps and barriers, and the capacity of agency and independent service providers across the state. Final report will include a blueprint to address eliminating Nebraska’s current HCBS DD services Registry list as well as strategies and investments necessary to effectively manage the Registry list going forward.

Expected Outputs
• A needs assessment platform is created to capture the gaps and barriers to receiving services, and locations of service providers and individuals eligible for HCBS DD services.
• Town hall focus groups are held across Nebraska to allow the voices of families and service providers to be heard.
• Data from town hall focus groups is compiled into a final narrative report. Report will:
o Provide a baseline of the current HCBS DD services needs and capacity of HCBS DD services providers;
o Include charts, graphs, and maps indicating the gaps and barriers experienced by families, the locations of service providers, the locations of eligible waiver recipients, HCBS DD provider shortage areas, and other relevant information; and
o Provide a blueprint on strategies for what steps and investments are needed to strengthen provider capacity as a means to eliminating the current HCBS DD services Registry list and managing future Registry lists.

Expected Outcomes
• Results of the needs assessment will highlight the unique needs of the different regions of the state.
o Locations of HCBS providers are identified.
o Locations of families in need of developmental disabilities services are identified, including aging caregivers who have adults with DD living at home.
o Gaps and capacity of HCBS DD providers throughout Nebraska are identified and quantified.
o A blueprint is developed to begin addressing strategies and investments to address the Registry list and capacity of HCBS DD service providers.
o Advocates, policymakers, and the DD Division are provided copies or access to copies of the final report to begin addressing the elimination of the current Registry list and to strategize on how to best manage Registry lists in the future.

Definitions
(Provider definitions below were taken from the Council-funded “It’s All About Choice: Ready|Set|Go!” brochure, available using Explorer: https://dhhs.ne.gov/Pages/Ready-Set-Go.aspx):
Independent providers are people who provide services and do not work for an agency. This may be someone you already know. You are responsible for hiring, scheduling, training, and firing independent providers. They must meet requirements set by the state and be approved before working for you. Your parents (if you are a minor child), your spouse, or your legal guardian cannot work as your provider.
Agency providers are approved by the state and are responsible for hiring, firing, scheduling, training, and paying staff members. There are many agency providers across the state.

*State’s Registry of Eligible Persons for Specialized Supports (Registry) – Nebraska statute requires the state to have a “Registry of persons eligible for specialized services.” While many call it a waiting list, DHHS within all Divisions is ensuring that the required term "Registry" is used. Using the term "waiting list" implies that everyone is waiting for services; as we have all learned, this is not the case.

Subaward Funds and Match

A maximum of $60,000 in Council funds is available to support one project for two years. 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 ($60,000 divided by 3 = $20,000 minimum match required for the two-year 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.

The Subaward resulting from this RFA is subject to and shall follow federal regulation, as set forth herein. Subrecipient receiving subaward funds may only be paid up to the actual and allowable costs (as defined herein) of completing the Project Description. No Subaward 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 12.6 Program Income, and 12.7 Matching Requirements.

Application and Project Timeline

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

Application must be submitted in DD Suite, NCDD's grants management system, prior to the published deadline. No hard copies will be accepted. Incomplete applications will not be accepted.

Deadline to submit application in DD Suite: 11:59 PM on Wednesday, July 21, 2021.
Applicant notified of decision by: August 18, 2021. Applicant may be instructed to revise application by Council Program Specialist. Specifics on required modifications will be provided in writing.
Project will begin no earlier than October 1, 2021 and must be completed by September 30, 2023.

All questions regarding this solicitation must be submitted in writing via email to Joni Dulaney, NCDD Program Specialist, at joni.dulaney@nebraska.gov. Responses to questions will be emailed.

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

One Subaward will be funded for two years. Applicant must describe in detail their plan to sustain the project once Council funds end (i.e., who will maintain the project, etc.). Applicant can increase the likelihood that the project 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

9.1 Period of Performance
The Period of Performance is the time during which Subrecipient 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, 2023. This period may be extended by DHHS as allowable by the Federal Funding Agency.

For the initial Period of Performance, all costs must be invoiced to DHHS by October 31, 2023 and liquidated (i.e., spent) by October 31, 2023. 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 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.

9.2 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.

9.3 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.

9.4 Funding Parameters
It is the Council’s intention to award one two-year subaward for up to $60,000 for a project that meets Goal 2, Objective B of the Council State Plan Goal and Objectives. Project activities are to begin no sooner than October 1, 2021 and end no later than September 30, 2023.

See Section 8 for acceptable use of Council federal funds.

RFA Procedure

This RFA seeks Applications to complete activities allowable under the funding source identified in Section 3, Subaward Funds and Match. Application must conform to all instructions, conditions, and requirements included in this RFA. Applicant should carefully examine this RFA, as well as the requirements on the state or federal funds involved.

10.1 Evaluation
All applications submitted by the deadline in response to the RFA must meet the technical requirements set forth in the Pre-Award Technical Review and Risk Assessment (Attachment 3). The Council's Grant Review Committee members will review each application using the Subaward Evaluation Criteria Score Sheet (Attachment 4) on August 12, 2021. Council members will also receive copies of the applications and are encouraged to review each application. Committee recommendations for funding will be presented at the August 13, 2021 Council meeting where members will vote on funding the application.

Applicants will be notified through DD Suite of funding decisions by Wednesday, August 18, 2021. Applicant 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. 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.

10.2 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 subrecipient 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, Subrecipient will collect and provide data to NCDD for performance measures (KPI) throughout the subaward period. Applicant is strongly encouraged to review the Key Performance Indicators 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

Applicant 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.

12.1 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 Applicant; 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 Applicant cannot agree to these terms, DHHS may withdraw or modify the Intent to Subaward and take any of the actions set forth herein.

12.2 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.

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

12.4 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.

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.

Applicant 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.

12.5 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 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. Subrecipient may not, however, charge items as direct costs and also as indirect costs.

IF APPLICANT PLANS TO CHARGE INDIRECT COSTS OTHER THAN THROUGH A COST ALLOCATION PLAN, Applicant 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, Applicant may voluntarily opt to take a lower indirect rate than their approved agreement, or indirect cost calculation, allows.

12.6 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.

12.7 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.

12.8 Additional Program Requirements
This RFA and any resulting Subaward will be subject to the HHS Grants Policy Statement. A copy of it is available here: www.hhs.gov/sites/default/files/grants/grants/policies-regulations/hhsgps107.pdf. See Subaward User Manual for more information.