An Application for funding allocated in accordance with §7.33(b) of this section (relating to Apportionment of ESG Funds) and made to the Department may be awarded points under the following uniform selection criteria. The total of the score under this part will be the uniform Application score. The uniform Application score will be comprised of points awarded under each of the following criteria:

1. (1) Homeless participation. An Application may receive a maximum of three points for the participation of persons who are Homeless in the Applicant's program design. Points may be earned under subparagraphs (A) and (B) of this paragraph for a total of up to three points.

   1. (A) An Application may receive a maximum of two points when at least one person who is Homeless or formerly Homeless is a member of or consults with the Applicant's policy-making entity for facilities, services, or assistance under ESG; and
   2. (B) An Application may receive a maximum of one point when at least one person who is Homeless or formerly Homeless assists in constructing, renovating, or maintaining the Applicant's ESG facilities.

2. (2) Organizational or management experience. An Application may receive a maximum of eight points for the Applicant's or its management's experience administering federal or State programs.

   1. (A) An Application may receive a maximum of six points for Applicant's or its management staff with one to five years of experience; or
   2. (B) An Application may receive a maximum of eight points for an Applicant or its management staff with six or more years of experience.

3. (3) Percentage of prior ESG awarded funds expended. An Application may receive a maximum of five points for the Applicant's past expenditure performance of ESG funds proportionate to the award of funds from TDHCA to the Applicant. This will apply to any and all ESG Contract(s) administered by the Applicant that were subject to the second Expenditure benchmark or closed within 12 months prior to the date of the Application deadline established in the by the Department. Contract Expenditures will be averaged among all ESG Contracts that were closed within 12 months of the Application deadline, or met the second Expenditure benchmark without requiring an amendment if the Applicant was awarded multiple Contracts. The percentage of ESG funds expended will be calculated utilizing the amount of the Contract as of its closing or the second Expenditure benchmark as stated in the Contract prior to amendments, except where the Applicant voluntarily return funds in accordance with this subchapter. Expenditure will be defined as the Applicant having reported the funds as expended. Applications may receive:

   1. (A) Three points if the Applicant expended 91-94% of its prior ESG Contract funds as of its closing or the second Expenditure benchmark as stated in the Contract prior to amendments;
   2. (B) Four points if the Applicant expended 95% to less than 100% of its prior ESG Contract funds as of its closing or the second Expenditure benchmark as stated in the Contract prior to amendments; or
   3. (C) Five points if the Applicant expended 100% of its prior ESG Contract funds as of its closing or the second Expenditure benchmark as stated in the Contract prior to amendments.

4. (4) Contract History on Reporting and percentage of Outcomes. An Applicant may receive a maximum of five points for its prior timeliness of reports and performance achieved for previously awarded ESG Contract(s) that met the second Expenditure benchmark or closed within 12 months prior to the date of the Application deadline established by the Department. Points may be requested under all of the subparagraphs (A) to (E) of this paragraph not to exceed a total of five points. The Outcome percentages will be averaged among all prior ESG Contracts that met the second Expenditure benchmark or closed within 12 months prior to the date of the Application deadline to determine the final percentage amount for this scoring criterion. Applications may receive points as follows:

   1. (A) One point if the Applicant submitted the last three reports on or before the Contract end date within the reports' respective reporting deadlines;
   2. (B) One point if the Applicant met 100% or more of their street outreach target of persons exiting to temporary or transitional or permanent housing destination;
   3. (C) One point if the Applicant met 100% or more of their emergency shelter exits to permanent housing;
   4. (D) One point if the Applicant met 100% or more of their Homeless prevention target for maintaining housing for three months or more; and
   5. (E) One point if the Applicant met 100% or more of their rapid re-housing target for maintaining housing for three months or more.

5. (5) Monitoring history. Applications may receive a maximum of five points for the Applicant's previous monitoring history. The Department will consider the monitoring history for three years before the date that Applications are first accepted under the NOFA when determining the points awarded under this criterion. Findings that were subsequently rescinded will not be considered Findings for the purposes of this scoring criterion. Applications may be limited to a maximum of:

   1. (A) Five points if the Applicant has not received any monitoring Findings, including Applicants with no previous monitoring history;
   2. (B) Not more than three points if the monitoring history has a close-out letter that included Findings, but the Findings were not related to Household eligibility or violations of procurement requirements;
   3. (C) Not more than two points if the monitoring history has a close-out letter that included Findings related to Household eligibility;
   4. (D) Not more than one point if the monitoring history has a monitoring close-out letter that included Findings related to violations of procurement requirements; or
   5. (E) Zero points may be requested under this criterion if the Applicant received a Finding resulting in disallowed costs in excess of $5,000 which required repayment to the Department.
6. (6) Priority for certain communities. Applications may receive two points if at least one Colonia, as defined in Tex. Gov't Code §2306.083, is included in the Service Area identified in the Application. Applicants awarded points under this criterion will be contractually required to maintain a Service Area that includes at least one Colonia as identified on the Office of Attorney General's website.

7. (7) Previously unserved areas. Applications may receive a maximum of 10 points for provision of ESG services if at least one county in the Service Area included in the Application has not received ESG funds from the Department or directly from HUD within the previous federal funding year for services. Applications may receive a maximum of:

   1. (A) Five points if at least one county within the Service Area as stated in the Application did not receive an award of ESG funds from the Department within the previous federal funding year; or
   2. (B) Ten points if no portion of the Service Area has received ESG funds within the previous federal funding year.

Source Note:The provisions of this §7.39 adopted to be effective March 25, 2019, 44 TexReg 1509.