Child Care Bureau: Laws, Policies, Program Instructions, and Allocations

CCDF Construction and Renovation for Tribal Lead Agencies

Related Items: ACF Regional Administrators | Old Program Instructions: 2001 Construction and Renovation Procedures

Procedures for Requests to Use CCDF Funds for Construction or Major Renovation of Child Care Facilities

Contents:

I. Background
II. Applicability of these Procedures
III. Fiscal Procedures
IV. Pre-Application Activities
V. Planning Costs
VI. Application Requirements
VII. Application Process
VIII. Protection of Federal Interest
IX. Rights and Responsibilities in the Event of a Mortgage Default
X. Insurance and Maintenance
XI. Other Administrative Provisions
XII. Additional Requirements for Modular Units

PAPERWORK REDUCTION ACT. Public reporting burden for this collection of information is estimated to average 20 hours per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Approved OMB Number: 0970-0160, expires December 31, 2006.

I. Background

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA; Public Law 104-193) added section 658O(c)(6) to the Child Care and Development Block Grant (CCDBG) Act. This provision allows Tribal Lead Agencies to use CCDF funds for construction or renovation of child care facilities.

Tribal Lead Agencies (including tribal grantees with approved plans under Public Law 102-477) must first request and receive approval from the Administration for Children and Families (ACF) before using CCDF funds for construction or major renovation. Regulations at 45 CFR 98.84 require Tribal Lead Agencies to make requests in accordance with uniform procedures established by Program Instruction. This Program Instruction contains the uniform procedures.

These procedures require a Tribal Lead Agency to show that adequate child care facilities are not otherwise available and that the lack of facilities will inhibit future program operations. Under the law, use of funds for construction or renovation cannot result in a decrease in the level of child care services compared to the preceding fiscal year.

II. Applicability of these Procedures (Back to top)

These procedures only apply to requests to use funds for construction or major renovation.

Construction means the building of a child care facility which does not currently exist.

Major renovation involves structural changes to the foundation, roof, floor, exterior or load-bearing walls of a facility, or the extension of a facility to increase its floor area. Major renovation also includes any extensive alteration of a facility such as to significantly change its function and purpose, even if such renovation does not include any structural change.

A Tribal Lead Agency does not need to request approval to spend CCDF funds on minor renovation.

Minor renovation includes all renovation other than major renovation or construction, as defined above.

The term renovation as used in this Program Instruction refers to major renovation.

In accordance with section 658F(b)(1) of the CCDBG Act, a Tribal Lead Agency cannot use CCDF funds to purchase an existing building or facility.

As a part of its application, a Tribal Lead Agency may request to use CCDF funds for the cost of amortizing the principal and paying interest on loans for construction or renovation.

A Tribal Lead Agency may request to use CCDF funds to pay for the costs of constructing or renovating a modular unit, including the costs of buying and installing the unit.

Modular unit is a portable structure made at another location and moved to a site for use by a Tribal Lead Agency to carry out a CCDF program. (See section XII of this document for additional requirements for modular units).

A Tribal Lead Agency may request and receive approval to use CCDF funds for a new or ongoing construction or major renovation project. However, CCDF funds cannot actually be expended for construction or major renovation costs until ACF approval is granted in accordance with this Program Instruction. If a Tribal Lead Agency constructs or renovates more than one facility, it must seek ACF approval for each project (even if the projects use identical plans and specifications). A Tribal Lead Agency may, however, use a single application to seek approval for more than one project, as long as all required information is provided for each project.

For purposes of these procedures, the terms mortgage, loan, and deed of trust refer to any agreement or instrument used to finance or secure financing for the construction or renovation of facilities with Federal CCDF funds.

III. Fiscal Procedures (Back to top)

Upon obtaining ACF approval pursuant to this Program Instruction, a Tribal Lead Agency may spend either Tribal Mandatory Funds or Discretionary Funds (or both) for construction or major renovation. Any CCDF funds must come from a Tribal Lead Agency's CCDF allocation; a Tribal Lead Agency will not receive any additional CCDF funds for construction or renovation.

Grant Award Process. ACF will transfer CCDF funds to be used for construction and major renovation to a separate grant award with a separate grant document number. ACF will send an award letter to notify the Tribal Lead Agency of this transfer. Funds in this separate grant award can only be used for construction or renovation activities (unless ACF authorizes the Tribe to use the funds for other CCDF activities). (For Tribes that have consolidated child care with employment and training programs under P.L. 102-477, construction or renovation funds will not be transferred to a separate grant award; see paragraph below on P.L. 102-477).

Application Deadline. In order to use CCDF funds awarded in a given fiscal year on construction or major renovation, a Tribal Lead Agency must submit an application in accordance with this Program Instruction prior to July 1 of that fiscal year. For example, applications for fiscal year 2005 funding should be made before July 1, 2005. This procedure will allow time for ACF to transfer CCDF funds to the separate construction and renovation grant award prior to the end of the fiscal year. Funds awarded in a given fiscal year cannot be transferred to the separate grant award after the end of that fiscal year.

Use of Construction/Renovation Funds for Other CCDF Activities. If funds approved for construction/renovation (or previously transferred to the separate grant award) are no longer needed for construction or renovation, the Tribal Lead Agency must notify ACF in writing so that ACF can release the funds to the Tribal Lead Agency for use on other CCDF activities.

Fiscal Reporting. Funds expended for construction or renovation must be reported separately from other CCDF funds on the tribal financial reporting form ACF-696T.

Liquidation Time Frame. Tribal Lead Agencies must liquidate CCDF funds used for construction or major renovation by the end of the second fiscal year following the fiscal year for which the grant is awarded. This gives Tribal Lead Agencies up to three years to liquidate funds approved for use on construction or major renovation (for example, such funds awarded on October 1, 2004 must be liquidated by September 30, 2007). The liquidation time frame begins with the date that funds are originally awarded--not the date that funds are transferred to the separate grant award for construction and renovation.

Administrative Costs/Quality Expenditures. Amounts used for construction and major renovation are not considered administrative costs for purposes of the 15 percent administrative cost limit at 45 CFR 98.83(g). Similarly, for non-exempt Tribal Lead Agencies, construction and renovation costs cannot be counted as quality expenditures for purposes of the four percent minimum quality expenditure requirement at 98.51(a).

Public Law 102-477. Tribes with approved plans under P. L. 102-477 must request and receive ACF approval in accordance with this Program Instruction prior to spending CCDF funds on construction or major renovation. ACF will notify the U.S. Department of Interior's Office of Self Governance and Self Determination (OSGSD) upon approving a 102-477 grantee's construction or renovation application. The Tribe cannot use CCDF funds for construction or renovation until the OSGSD notifies the Tribe that the scope of work for its 102-477 grant/compact has been modified to include the approved construction or renovation project.

IV. Pre-Application Activities (Back to top)

Before submitting an application pursuant to this Program Instruction, a Tribal Lead Agency should conduct a community needs assessment to determine the need for construction or major renovation. A Tribal Lead Agency must involve its ACF Regional Office early in the process of considering the merits of construction or renovation, and must discuss with its Regional Office any proposed project prior to submitting a written application.

V. Planning Costs (Back to top)

A Tribal Lead Agency may, without prior ACF approval, use CCDF funds for reasonable and necessary planning costs associated with assessing the need for construction or renovation or for preparing an application to spend CCDF funds on construction or major renovation (in accordance with the uniform procedures). However, a Tribal Lead Agency may only use CCDF funds to pay for the costs of an architect, engineer, or other consultant for a project that is subsequently approved by ACF. If the project later fails to gain ACF approval, the Tribal Lead Agency must pay for the architectural, engineering or consultant costs using non-CCDF funds. CCDF funds used to pay for planning or consultant costs related to construction or major renovation must come from the separate construction and renovation grant award. (Prior to ACF approval of its construction/renovation application, a Tribal Lead Agency may use CCDF funds from its general Tribal Mandatory or Discretionary grant award for planning or consultant costs; however, once ACF approves the application, a retroactive adjustment must be made to charge these costs to the separate construction and renovation grant award).

VI. Application Requirements (Back to top)

The Tribal Lead Agency proposing to use Child Care and Development Fund (CCDF) funds for construction or major renovation must submit a written application signed by the tribal chairperson, or his/her designee, that contains the following information:

(1)	The tribal name, and the name of the Tribal Lead Agency responsible for administering the CCDF.
(2)	The name, address, telephone number, and, if applicable, fax number and e-mail address of a contact person within the Tribal Lead Agency.
(3)	A description of child care facilities currently used by the Tribal Lead Agency to carry out CCDF activities. Include the number of each type of facility (e.g., homes, centers) and a brief description of each center (i.e., size, type of structure, condition, and number of children served).
(4)	An explanation of why current facilities (described in item 3) are not adequate to carry out CCDF activities, and why the lack of facilities will inhibit the operation of the Tribal Lead Agency's CCDF program in the future. The explanation must include estimates of the number of children who: (1) currently receive CCDF services; (2) are currently eligible to receive and are in need of CCDF services but are not being served due to inadequate facilities; (3) are projected to receive CCDF services over the next five years (in the absence of this proposed construction/renovation); and (4) are projected to be eligible to receive and in need of CCDF services, but will not be served (without this proposed construction/renovation) due to inadequate facilities, over the next five years.
(5)	A statement that adequate facilities are not otherwise available through lease, donation, purchase by non-CCDF funds, or other means.
(6)	(a)	The following written assurance: "The use of CCDF funds for construction or renovation will not result in a decrease in the level of child care services provided by the Tribal Lead Agency, as compared to the level of services provided in the preceding fiscal year."
	(b)	Additionally, describe how the current fiscal year's level of child care services compares to the preceding year's level of services. The Tribal Lead Agency may define "level of services" in terms of the number of children served and/or the amount of funds spent on child care. Regardless of which definition it chooses, the Tribal Lead Agency must include in its description explanatory information about both the number of children served and the amount of funds spent on child care. The "preceding fiscal year" is the fiscal year prior to the fiscal year that the Tribal Lead Agency submits its application in accordance with this Program Instruction.
		NOTE: A new tribal grantee (i.e., one that did not receive CCDF funds the preceding fiscal year) may spend no more than an amount equivalent to its Tribal Mandatory allocation on construction and renovation. A new tribal grantee must spend an amount equivalent to its Discretionary allocation on activities other than construction or renovation (i.e., direct services, quality activities, or administrative costs).
(7)	(a)	A description (or map) of the site of the facility proposed to be constructed, or on which renovations are proposed, and an explanation of the appropriateness of the location in relation to the Tribal Lead Agency's service area.
	(b)	Include a statement of the effect of the facility's location on the transportation of children to the program, on the Tribal Lead Agency's ability to collaborate with other child care, Head Start, social services and health providers, and on all other program activities and services.
(8)	(a)	The plans and specifications for the proposed construction or renovation, including architectural designs.
	(b)	In addition, describe the facility as it will be after construction or renovation is complete, including: (1) information on the size and type of structure; (2) the number and a description of the rooms; (3) the lot on which the building is located (including the space available for a playground and for parking); (4) and the number of children the facility will serve. For major renovation requests, describe and identify the current condition of the facility as well as the proposed renovations.
(9)	A proposed schedule for the construction or renovation, and occupancy, of the facility.
(10)	The intended uses of the facility proposed to be constructed, or on which renovations are proposed, including information demonstrating that the facility will be used principally to provide direct services to children. If the facility is to be used for other purposes in addition to the operation of the child care program, the Tribal Lead Agency must state what portion of the facility is to be used for such other purposes.
	NOTE: If the facility is to be used for purposes in addition to the operation of the CCDF program, costs must be allocated in accordance with applicable cost principles.
(11)	The terms of any proposed or existing loan(s) related to the construction or renovation of the facility and the repayment plans (detailing balloon payments or other unconventional terms, if any), and information on all other sources of funding of the construction or renovation, including any restrictions or conditions imposed by other funding sources.
		NOTE: Any loan or mortgage agreement, including a deed of trust, or any other instrument used to finance the construction or renovation secured by the property (or security agreement in the case of a modular unit which is proposed to be purchased under a chattel mortgage) shall require the lender, in the case of default by the Tribal Lead Agency, to notify ACF before foreclosing on the property. The agreement must provide that ACF has the right to cure the default, and that the lender shall accept the payment of money or performance of any other obligation by ACF, or its designee, for the Tribal Lead Agency, as if such payment of money or performance had been made by the Tribal Lead Agency. The agreement shall also provide that the lender will not foreclose on the property until at least 60 calendar days after ACF is notified of the default. This 60 day period will allow time for the responsible ACF official to designate a replacement Tribal Lead Agency, which shall assume all of the obligations of the Tribal Lead Agency under the loan. (See section IX below).
(12)	An estimate of the total cost of the proposed construction or major renovation. Provide a copy of written documentation, such as a written estimate prepared by a licensed architect or engineer, to support the cost estimate. The cost estimate must include:
	(a)	Estimated one-time costs, including: (1) planning costs, (2) labor, materials and services necessary for the functioning of the facility, and (3) initial equipment for the facility. Equipment means items which are tangible, nonexpendable personal property having a useful life of more than five years. Some examples of one-time costs are the down payment, professional fees, moving expenses, and the cost of site preparation.
	(b)	The ongoing costs such as insurance premiums, maintenance costs, and property taxes. When planning for construction or renovation, the Tribal Lead Agency should carefully consider whether it will have sufficient funds to cover ongoing costs necessary to operate the facility after the construction or renovation is completed.
		NOTE: A Tribal Lead Agency cannot use the separate grant award for construction/renovation to pay for ongoing operating costs such as insurance premiums, maintenance costs or property taxes. The separate grant award must only be used for one-time construction and renovation costs, or principal and interest payments if the project is financed through a loan. However, other CCDF funds from the Tribal Mandatory or Discretionary grant awards could be used for allowable operating costs.
(13)	A statement of the amount of construction or major renovation costs that will be paid with CCDF funds listed separately by the Federal fiscal year in which the CCDF funds become (or became) available. Indicate whether the funds should be transferred from Tribal Mandatory or Discretionary funds.
		NOTE: For a single project, a Tribal Lead Agency may use CCDF funds from more than one fiscal year. A project that uses more than one year of CCDF funding may be approved in a single application.
(14)	A statement of whether or not there is a Head Start program in the Tribal Lead Agency's service area. If there is a Head Start program in the service area, the applicant must describe: any child care/Head Start collaboration efforts; the extent to which Head Start will use the child care facility; and the extent to which Head Start funds will pay for construction and renovation costs, if applicable.
		NOTE: The applicant must demonstrate child care/Head Start collaboration if there is a Head Start program in the service area.
(15)	A statement of who owns the land on which the facility is/will be located. If the Tribal Lead Agency proposes to construct or renovate a facility located on land that it does not own, the application must describe and provide a copy of the easement, right of way or land lease it will obtain or has obtained to allow it undisturbed use and possession of the facility for the purpose of operating a CCDF program.
		NOTE: The land lease or other similar interest in the underlying land must be long enough for the tribal CCDF program to receive the full value of the grant-funded improvements. The term of the lease or other arrangement should in most cases be for a period of years that is at least equal to the estimated useful life of the facility. The lease must contain certain information related to the Federal interest (see section VIII).
(16)	FOR MAJOR RENOVATION REQUESTS ONLY: A statement indicating whether the Tribal Lead Agency owns the facility to be renovated. If the Tribal Lead Agency does not own the facility, the application must include information about the owner, a copy of written permission from the owner allowing the proposed renovation, and a copy of the lease for the facility.
		NOTE: If the Tribal Lead Agency does not own the facility to be renovated, the Tribal Lead Agency must demonstrate that it has secured a lease which will assure the Tribal Lead Agency has access to the facility for a reasonable period of time, taking into consideration the amount of CCDF funds used to renovate the facility. In most cases, a minimum of five years (from the date the renovation is completed) is required, unless justified. The lease must contain certain information related to the Federal interest (see section VIII).
(17)	Written assurances that the facility will be constructed or renovated to comply with:
	(a)	all applicable licensing and code requirements;
	(b)	the access requirements of the Americans with Disabilities Act (P.L. 101-336)), if applicable;
	(c)	section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794); and,
	(d)	the Flood Disaster Protection Act of 1973 (P.L. 93-234), if applicable.
(18)	(a)	An assessment of the impact of the proposed construction or renovation on the human environment, addressing in particular any significant change in land use (including substantial increases in traffic in the surrounding area due to the provision of transportation services), pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. §4332(2)(C)) and its implementing regulations (40 CFR Parts 1500-1508). See Attachment B for guidance regarding the National Environmental Policy Act (NEPA).
	(b)	A report showing the results of tests for environmental hazards present in the facility, ground water, and soil (or justification why such testing is not necessary). The report (or justification) is required regardless of whether or not the Tribal Lead Agency is required to submit a complete environmental assessment in accordance with NEPA.
	(c)	Such information as may be necessary to comply with the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470f). See Attachment C for guidance regarding the National Historic Preservation Act.
(19)	An assurance that the Tribal Lead Agency will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. §4601 et seq. and 45 CFR Part 15), and information about the costs that may be incurred due to compliance with this Act. The law provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. Under the Relocation Act, the cost of finding replacement housing for persons displaced by an agency receiving Federal financial assistance must be paid by the agency under certain circumstances.
(20)	An assurance that the Tribal Lead Agency will adhere to the requirements of Executive Orders 13202 and 13208. These Executive Orders require that bid specifications, project agreements, or other controlling documents related to contracts awarded for federally-funded construction or renovation projects shall not include provisions which either require or prohibit Project Labor Agreements (PLAs). PLAs are agreements between contractors or subcontractors and one or more labor organizations. Furthermore, the relevant documents shall not contain provisions that otherwise discriminate against bidders, offerors, contractors or subcontractors for becoming or refusing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations.

See Section XII regarding additional requirements for modular units.

Attachment D contains a checklist summarizing the above application requirements. The checklist merely serves as a guide to developing an application. It is not intended to serve as a form or as a replacement for a thorough narrative.

VII. Application Process (Back to top)

The Tribal Lead Agency must send the completed application to the:

ACF Regional Administrator
DHHS/ACF
(See Attachment F for contact information).

A Tribal Lead Agency must also send a copy to the:

Commissioner
Administration on Children, Youth and Families (ACYF)
Attention: Child Care Bureau
330 C Street, S.W.
Room 2046
Washington, D.C. 20447

Tribal grantees that have included their CCDF programs in approved plans under Public Law 102-477 must also send an additional copy to:

Division of Job Placement and Training
Office of Self Governance and Self Determination
U.S. Department of Interior
1849 C Street, N.W.
Mail Stop 2412 MIB
Washington, D.C. 20240

A Tribal Lead Agency may submit an application at any time (although, in order to use CCDF funds awarded in a given fiscal year on construction or major renovation, a Tribal Lead Agency must submit an application prior to July 1 of that fiscal year). The ACF Regional Office has responsibility for reviewing and, if appropriate, approving applications (including applications from tribal grantees with approved plans under Public Law 102-477). The Regional Office will review the application for completeness and adherence to the application requirements described in this Program Instruction. The Regional Office will contact the Tribal Lead Agency for any additional information and will discuss the application with the Child Care Bureau, if necessary.

The amount of time required for the review process varies depending on the thoroughness of the application in addressing all necessary issues, and other factors. Generally, ACF Regional Offices will attempt to respond to applications within 30 days, and will notify the applicant if additional time is necessary. The Regional Office may need to request additional information if an application is incomplete.

Once a decision is made, the ACF Regional Office will notify the Tribal Lead Agency in writing regarding whether or not a request is approved. The notification will include a specific amount of CCDF funds that can be used for construction or renovation, based on the Tribal Lead Agency's cost estimate in its application. The Tribal Lead Agency may not spend more than the approved amount of CCDF funds on construction and renovation, unless it submits and receives approval for an amended application. However, the Tribal Lead Agency may use non-CCDF funds or leverage other monies for construction or renovation.

In order to make any material changes in the scope, nature, or projected costs of a project once the original application is approved, the Tribal Lead Agency must submit and receive approval for an amended application that describes the changes. ACF must approve the amended application before the Tribal Lead Agency can implement the changes. In addition, the authorization to use funds for construction or renovation is subject to special conditions and post-award requirements described in the sections below.

VIII. Protection of Federal Interest (Back to top)

The Administration for Children and Families (ACF) has an interest in property that is constructed, renovated, or otherwise acquired with CCDF funds. This interest takes the form of restrictions on the use and disposition of the property in accordance with 45 CFR Part 92.31*. Use of the facility constructed or renovated with CCDF funds during its useful life for other than the purpose for which the facility was funded, without the prior express written approval of the responsible ACF official, is prohibited. Facilities constructed or renovated with CCDF funds may not be mortgaged, used as collateral, sold or otherwise transferred to another party, without the prior written permission of the responsible ACF official. The Federal interest also is manifested in the requirement that ACF receive a share of the proceeds from any sale of the property, as determined by the Federal share provisions of 45 CFR Part 92.31. ACF has authority to subordinate its interest in such property to that of a lender which finances the construction or renovation of the property.

At the commencement of construction or major renovation with CCDF funds of a facility, the Tribal Lead Agency shall record a Notice of Federal Interest in the appropriate official records for the jurisdiction in which the facility will be located (unless the facility will be located on tribal lands held in trust by the U.S. government). A Notice is not required for a facility on tribal lands held in trust by the U.S. government. The Notice must be recorded in the official records and submitted to the ACF Regional Office within ten working days of the commencement of the construction or renovation.

The Notice must include the following information (except for renovations on leased facilities or construction on land not owned by the Tribal Lead Agency):

The date of the award of CCDF funds for the construction or major renovation of the property to be used as a child care facility, and the address and legal description of the property;
That the use of CCDF funds incorporated conditions which restrict the use of the property and provide for a Federal interest in the property;
That the property may not be used for any purpose inconsistent with that authorized by the Child Care and Development Block Grant Act and applicable regulations;
That the property may not be mortgaged, used as collateral, sold or otherwise transferred to another party, without the prior written permission of the responsible ACF official;
That these grant conditions and requirements cannot be altered or nullified through a transfer of ownership; and
The name (including signature) and title of the person who completed the Notice for the Tribal Lead Agency, and the date of the Notice.

In the case of a leased facility undergoing major renovations, the Notice of Federal Interest shall be a copy of the executed lease and all amendments. In the case of a facility to be constructed on land not owned by the Tribal Lead Agency, the Notice of Federal Interest shall be the land lease or other document protecting the Federal interest. (In the event that filing of a lease is prohibited by law, the Tribal Lead Agency shall file an affidavit signed by the representatives of the Tribal Lead Agency and the lessor stating that the lease includes terms which protect the right of the Tribal Lead Agency to occupy the facility for the term of the lease.) The lease or affidavit (as substitute for the lease) serving as a Notice of Federal Interest shall include the following information:

(1)	The address and legal description of the property;
(2)	A statement indicating that the grant incorporated conditions which include restrictions on the use of property and provide for a Federal interest in the property for the term of the lease or other arrangement;
(3)	A statement indicating that the property may not be used for any purpose during the lease or other arrangement that is inconsistent with that authorized by the Child Care and Development Block Grant Act and applicable regulations.

Title to a facility constructed or renovated with CCDF funds vests with the grantee upon acquisition, subject to the provisions of this Program Instruction (except for facilities on tribal lands where the title is held in trust by the U.S. government). The Federal government assumes no liability for projects constructed or renovated with CCDF funds.

IX. Rights and Responsibilities in the Event of a Mortgage Default (Back to top)

Any assignment of the facility and mortgage/loan repayment responsibilities by ACF to any party, other than ACF, will be made to an agency financially capable of assuming the mortgage/loan, and will be subject to prior approval of the mortgagee/lender or creditor.

The Tribal Lead Agency must immediately provide the ACF Regional Office with both telephonic and written notification of a default of any description on the part of the grantee under a real property or chattel loan, deed of trust, or mortgage obtained in connection with a facility constructed or renovated with CCDF funds.

In the event ACF (or its designee) chooses not to cure a default, the procedures for calculating the Federal share of the property, as determined by 45 CFR Part 92.31, shall apply.

X. Insurance and Maintenance (Back to top)

The Tribal Lead Agency shall obtain insurance coverage for the facility. The coverage must begin at the commencement of the expenditure of costs in fulfillment of construction or renovation work. A facility constructed or renovated with CCDF funds must be supported by:

A title insurance policy which insures the fee interest in the facility for an amount not less than the full appraised value, and which contains an endorsement identifying ACF as a loss payee to be reimbursed if the title fails (except title insurance is not required for a facility on tribal lands held in trust by the U.S. government); and
A physical destruction insurance policy, including flood insurance where appropriate, which insures the full replacement cost of the facility from risk of partial and total physical destruction. The insurance policy is to be maintained for the period of time the facility is used by the grantee.

The Tribal Lead Agency shall submit copies of such insurance policies to the ACF Regional Office within five working days of completion of the construction or major renovation of the facility. If the Tribal Lead Agency has not received the policies in time to submit copies within this period, it shall submit evidence that it has obtained the appropriate insurance policies within five working days of the completion of the construction or major renovation, and it shall submit copies of the policies within five working days of their receipt.

The Tribal Lead Agency must maintain facilities constructed or renovated with CCDF funds in a manner consistent with the purposes for which the funds were provided and in compliance with property standards and building codes for the useful life of the property.

XI. Other Administrative Provisions (Back to Top)

Statement by Licensed Engineer or Architect. If the total cost of the project exceeds $100,000, the Tribal Lead Agency must submit to the ACF Regional Office (after receiving ACF approval and prior to the start of actual construction or major renovation) a statement by a licensed engineer or architect indicating that: (1) the overall estimated cost of the proposed construction/renovation and the cost of its individual elements are within the range for similar projects in the same community, and (2) the facility will be structurally sound if constructed or renovated in accordance with the proposed design. The statement may be made by any engineer or architect, in the public or private sector, who is qualified to judge the structural soundness of the facility.

Final Contract. The Tribal Lead Agency must submit to the ACF Regional Office, within ten working days of its execution, a copy of the final contract to construct or renovate the facility. The total price of any contract must be fixed, and the contract must include a provision stating that the price may not be increased after the contract is entered into except for reasons that are beyond the builder's control and unforeseeable at the time the contract was entered into.

Legal Documents. The Tribal Lead Agency must submit to the ACF Regional Office, within ten working days of their execution, certified copies of the deed, loan instrument, mortgage, and any other legal documents related to the construction or renovation of the facility or to the discharge of any debt secured by the facility.

Final Inspection Report. Upon completion of the construction or renovation, the Tribal Lead Agency must submit a final inspection report that demonstrates the structural soundness and safety of the facility (if the facility is a modular unit; see section XII). The report must be submitted to the ACF Regional Office within 30 calendar days of the substantial completion of the construction or renovation.

Procurement Procedures. All facility construction and renovation transactions must comply with the procurement procedures in 45 CFR Part 92.36, and must be conducted in a manner to provide, to the maximum extent practicable, open and free competition.

Records. The Tribal Lead Agency must retain all records pertinent to the construction or renovation of a facility for a period equal to the period of the grantee's use of the facility plus three years.

Audits. Any audit of a Tribal Lead Agency which has constructed or renovated a facility with CCDF funds shall include an audit of any mortgage or encumbrance on the facility. Reasonable and necessary fees for this audit and appraisal are allowable costs for CCDF funds.

Allowable Costs. Consistent with the cost principles referred to in 45 CFR Part 92.22, reasonable fees and costs associated with and necessary to the construction or renovation of a facility are allowable costs for CCDF funds, but require prior, written approval of the ACF Regional Office.

Income. Income from the sale of equipment or real property constructed in whole or in part with CCDF funds is subject to the provisions of 45 CFR Part 92.25 governing such income.

XII. Additional Requirements for Modular Units (Back to top)

The procedures in this Program Instruction apply to construction or renovation of modular units. In addition, the following requirements apply:

An application for the installation of a modular unit must include a statement describing the procedures that will be used by the Tribal Lead Agency to purchase the modular unit. This statement must include a copy of the specifications for the unit which is proposed to be purchased and an assurance that the Tribal Lead Agency will comply with procurement procedures in 45 CFR Part 92.36, including the assurance that all transactions will be conducted in a manner to provide, to the maximum extent practical, open and free competition.
The Tribal Lead Agency must have the modular unit inspected to judge the soundness and safety of the unit and its installation. The unit must be inspected by a licensed engineer or architect, unless the use of another inspector is justified by the Tribal Lead Agency and approved by the ACF Regional Office. The Tribal Lead Agency must submit to the ACF Regional Office the engineer's or architect's inspection report within 30 calendar days of the modular unit's installation.
All reasonable costs necessary for the installation of a modular unit, the installation of which has been approved by the ACF Regional Office, are payable with CCDF funds. Such costs include, but are not limited to, payments for public utility hook-ups, site surveys and soil investigations.
A modular unit which has been approved for construction or renovation in one location may not be moved to another location without the prior written permission of the responsible ACF official.
Modular units which are constructed or renovated with CCDF funds and which are not permanently affixed to land, or which are affixed to land which is not owned by the grantee, must have posted in a conspicuous place the following notice:

"On (date of approval), the Administration for Children and Families (ACF) approved a request for (Name of Tribal Lead Agency) to use its Child Care and Development Fund allocation for the acquisition of this modular unit. The use of Federal funds incorporated conditions which included restrictions on the use and disposition of this property, and provided for a continuing Federal interest in the property. Specifically, the property may not be used for any purpose other than the purpose for which the facility was funded, without the prior express written approval of the responsible ACF official, or sold or transferred to another party without the prior written permission of the responsible ACF official. These conditions are in accordance with the statutory provisions set forth in 42 United States Code, Section 9839; the applicable regulatory provisions set forth in 45 CFR Part 98 and 45 CFR Part 92; and the Administration for Children and Families' grants policy."

* The text of 45 CFR Part 92 is available on the World Wide Web at http://www.access.gpo.gov/nara/cfr/waisidx_00/45cfr92_00.html. (Return to Section VIII)

Related Items: ACF Regional Administrators | Old Program Instructions: 2001 Construction and Renovation Procedures