Project Requirements

CDBG-DR Overview

Because CDBG-DR funding are Federal dollars, there are regulatory requirements Baldwin County and its funded projects must meet as part of completing activities. CDBG-DR grants are subject to Title I of the HCD Act, (42 U.S.C. § 5301 et seq.) and regulations at 24 CFR Part 570 Subpart C. CDBG-DR grantees must also comply with the applicable regulations of 2 CFR Part 200 Subpart E, which provides the Federal government’s guidance on administrative requirements, cost principles, and audit requirements, and Subpart D, which includes procurement standards. Baldwin County must also comply with all terms and requirements in its agreement with ADECA for the grant. This page will be updated with additional resources throughout the term of the grant to provide guidance and support for projects to meet CDBG-DR requirements.

• National Objectives
• Procurement
• Environmental Review
• Davis Bacon Labor Compliance
• Section 3
• Duplication of Benefits
• Other requirements

CDBG-DR funds are designed to support community recovery and provide recovery opportunities to vulnerable populations and protected classes that may not have access to traditional supports. To meet HUD and ADECA requirements, priority populations and target areas will be identified in the LRP based on available data on populations and area storm impacts, and community inputs received during the planning period.

Eligible recovery activities must:

• Benefit low- and moderate-income individuals or areas
• Have a clear “tie-back” or relation to Hurricane Sally or Hurricane Zeta and address direct or indirect disaster-related impacts
• Be an eligible activity under HUD’s CDBG-DR program and ADECA’s LRPP Program Guidelines
• Additional eligibility criteria may be outlined for programs in the Local Recovery Plan depending on the needs and priorities discovered during the planning and public comment period.

National Objectives

For an activity to be considered eligible for CDBG-DR funding it must meet one HUD’s national objectives:

• Benefit low and moderate- income persons,
• Aid in the prevention or elimination of slums or blight, or
• Meet a need having particular urgency.

The County will prioritize low and moderate-income (LMI) projects over projects that will meet an Urgent Need national objective as prescribed within ADECA’s Action Plan. “Low and moderate-income” is defined as households that earn 80 percent or less than the median income for Baldwin County. The income level is set by HUD annually and is based on the number of individuals within the household or family.

• HUD’s Low to Moderate Income Population by Tract Map
• Baldwin County Census Tracts Block Groups Map
• HUD Income Limits for Baldwin County (FY 2025)
• HUD CDBG Disaster Recovery Eligible Activities and National Objectives training
• HUD Basically CDBG Handbook, Ch. 3 National Objectives

Procurement

When procuring goods and services, the Baldwin County Commission and its subrecipients will comply with the more restrictive procurement procedures imposed pursuant to the Commission’s procurement policy, the procurement procedures found in § 41-16-50, et seq. and § 39-2-1, et seq., Alabama Code 1975, or 2 C.F.R. § 200.318-327.

• 2 CFR 200 Procurement Standards (318 – 327)
• Procurement Guidance for Projects – under development
• HUD Buying Right Guide for CDBG-DR Procurement
• HUD CDBG-DR Procurement: Guidelines for Effective Procurement training

Environmental Review

The County strives to ensure projects funded through its CDBG-DR funds identify and mitigate potential environmental impacts to promote resilient and sustainable infrastructure development in the recovery process. All projects, including properties considered for HAP, must conduct and  complete a satisfactory Environmental Review prior to taking any choice limiting actions or beginning work.

• ADECA Environmental Review policies and documents
• Baldwin NEPA and Floodplain Management Training [Link]
• Environmental Review Guidance and checklists – under development

Davis Bacon and Related Acts

The Davis-Bacon and Related Acts (DBRA) encompass a range of labor and safety regulations with the primary goal of ensuring fair wages and safe working conditions for laborers and mechanics on federally funded or assisted construction projects. The Davis-Bacon Act and Related Acts (DBRA) apply to contractors and subcontractors performing on federally funded or assisted contracts in $2,000 for the fringe benefits for corresponding work on similar projects in the area. Additionally, the County must follow the reporting requirements per HUD and the Department of Labor (DOL) regulations. This requirement also extends to contractors.

To help LGRIP and CPIP recipients navigate these requirements, Baldwin County recommends utilizing the following resources:

• Baldwin Davis Bacon Compliance Guidance [Link]
• HUD Federal Labor Standards Requirements 1344.1 Rev. 3 (English)
• HUD Federal Labor Standards Requirements 1344.1 Rev. 3 (Spanish)
• Davis-Bacon and Labor Standards: Agency-Contractor Guide
• Davis-Bacon and Labor Standards: Contractor Guide Addendum
• Sam.gov Wage Determinations

  Section 3

  Section 3 of the Housing and Urban Development Act of 1968 (Section 3), as amended, requires that economic opportunities generated by CDBG-DR funds be targeted toward Section 3 residents. Section 3 eligible residents are low- and very low-income persons, particularly those who live or reside in public or government assisted housing. Section 3 regulations are found at 24 CFR Part 75.

  Baldwin County is required to submit Section 3 data to ADECA on an annual basis. In order to accomplish this LGRIP and CPIP recipients must submit Section 3 progress reports on a quarterly basis for Baldwin to accurately track progress. LGRIP and CPIP recipients will be required to conduct qualitative efforts and build in Section 3 reporting requirements into all applicable contracts. This will allow the County to track Section 3 performance on all projects and to aggregate the data for ADECA for timely reporting.

  The following resources will help LGRIP and CPIP recipients meet Section 3 requirements:

• Baldwin Section 3 Compliance Guidance [Link]
• Baldwin Section 3 & Davis-Bacon Training [Link]

Duplication of Benefits

Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) prohibits federal agencies from providing assistance to any “person, business concern, or other entity” for any loss to which the recipient has already received financial assistance from another source (42 U.S.C. 5155(a)). Recipients of CDBG-DR funds must ensure that each project provides assistance only to the extent that project funding needs have not been met by another source.

This includes verifying all sources of assistance available for the project or activity, and determining the amount of the unmet need (for projects or applicant-based programs) before calculating the CDBG-DR award amount. Subrecipients will implement Baldwin County’s Duplication of Benefits policy (see Grant Administration page).

For additional clarifications on DOB, please view the following resources:

• Duplication of Benefits Notice, June 2019 ( 84 FR 28836)
• HUD CDBG-DR Duplication of Benefits Training
• HUD Webinar: Duplication of Benefits - Understanding and Applying the Requirements

Other Technical Assistance

Other federal requirements that must be adhered to are described in the Local Recovery Plan and the Infrastructure and HAP Policy Manuals. Resources and trainings for meeting federal requirements will be provided here.

• Baldwin DR AFWA & DOB Training [Link]
• Baldwin County CDBG-DR Civil Rights [Link]