1. (a) Project Funds Limits. Project funds for Contract awards will be established in the NOFA.
2. (b) Contract Award Terms. With the exception of Tenant-Based Rental Assistance, all Activity Contract awards will have a Contract term of up to twenty-four (24) months exclusive of any applicable affordability period or loan term. Tenant-Based Rental Assistance Activity Contract awards will have a Contract term of up to thirty-six (36) months.
3. (c) Contract Award Benchmarks. Except for Tenant-Based Rental Assistance, all Contract Administrators must submit to the Department complete Project setup information for the Commitment of Funds of all contractually required Households in accordance with the requirements herein within six (6) months from the effective date of the Contract. Tenant-Based Rental Assistance Contract Administrators must submit to the Department complete Project setup information for the Commitment of Funds of all contractually required Households in accordance with the requirements herein within twelve (12) months from the effective date of the Contract. All remaining funds will be deobligated and returned to the Department.
4. (d) Voluntary deobligation. The Administrator may fully deobligate funds in the form of a written request signed by the signatory, or successor thereto, of the Contract. The Administrator may partially deobligate funds under a Contract in the form of a written request from the signatory if the letter also deobligates the associated number of targeted Households, funds for administrative costs, and Match and the partial deobligation would not have impacted the award of the Contract. Voluntary deobligation of a Contract does not limit an Administrator's ability to participate in an open application cycle.
5. (e) The Department may request information regarding the performance or status under a Contract prior to a Contract benchmark or at various times during the term of a Contract. Administrator must respond within the time limit stated in the request. Prolonged or repeated failure to respond may result in suspension of funds and ultimately in termination of the Contract by the Department.
6. (f) Pre-Contract Costs. The Administrator may be reimbursed for eligible administrative and Project Soft Costs incurred before the effective date of the HOME contract in accordance with 24 CFR §92.212 and at the sole discretion of the Department. In no event will the Department reimburse expenses incurred more than six (6) months prior to the Department's Governing Board approval of the Administrator's award.

Source Note:The provisions of this §23.26 adopted to be effective August 30, 2015, 40 TexReg 5324.