38 C.F.R. § 79.35

Current through November 30, 2024
Section 79.35 - Scoring criteria for legal services grant applicants

VA will score applicants who are applying for a legal services grant VA will set forth specific point values to be awarded for each criterion in the NOFO. VA will use the following criteria to score these applicants:

(a) VA will award points based on the background, qualifications, experience, and past performance, of the applicant, and any subcontractors identified by the applicant in the legal services grant application, as demonstrated by the following:
(1)Background and organizational history.
(i) Applicant's, and any identified subcontractors', background and organizational history are relevant to providing legal services.
(ii) Applicant, and any identified subcontractors, maintain organizational structures with clear lines of reporting and defined responsibilities.
(iii) Applicant, and any identified subcontractors, have a history of complying with agreements and not defaulting on financial obligations.
(2)Organization and staff qualifications.
(i) Applicant, and any identified subcontractors, have experience working with veterans or individuals who are homeless, at risk for homelessness, or who have very low income, as defined under this part.
(ii) Applicant, and any identified subcontractors, have experience providing legal services, including providing such services to veterans, or individuals who are homeless, at risk for homelessness or who have very low income.
(iii) Applicant, and any identified subcontractors, have or plan to hire staff, who are qualified to administer legal services, and as applicable, are in good standing as a member of the applicable State bar.
(iv) Applicant's staff, and any identified subcontractors' staff, have experience administering programs similar to the Grant Program under this part.
(b) VA will award points based on the applicant's program concept and legal services plan, as demonstrated by the following:
(1)Need for the program.
(i) Applicant has shown a need amongst eligible veterans in the area or community where the program will be based.
(ii) Applicant understands the legal services needs unique to eligible veterans in the area or community where the program will be based.
(2)Outreach and screening plan.
(i) Applicant has a feasible outreach and referral plan to identify and assist eligible veterans in need of legal services.
(ii) Applicant has a plan to process and receive legal services referrals for eligible veterans.
(iii) Applicant has a plan to assess and accommodate the needs of referred eligible veterans.
(3)Program concept.
(i) Applicant's program concept, size, scope, and staffing plan are feasible.
(ii) Applicant's program is designed to meet the legal needs of eligible veterans in the area or community where the program will be based.
(4)Program implementation timeline.
(i) Applicant's program will be implemented in a timely manner and legal services will be delivered to eligible veterans as quickly as possible and within a specified timeline.
(ii) Applicant has a hiring plan in place to meet the applicant's program timeline or has existing staff to meet such timeline.
(5)Collaboration and communication with VA. Applicant has a plan to coordinate outreach and services with local VA facilities.
(6)Ability to meet VA's requirements, goals, and objectives for the grant program. Applicant is committed to ensuring that its program meets VA's requirements, goals, and objectives for the Grant Program as identified in the NOFO.
(7)Capacity to undertake program. Applicant has sufficient capacity, including staff resources, to undertake the program.
(c) VA will award points based on the applicant's quality assurance and evaluation plan, as demonstrated by the following:
(1)Program evaluation. Applicant has created clear, realistic, and measurable metrics that align with the Grant Program's aim of addressing the legal needs of eligible veterans and through which the applicant's program performance can be continually evaluated.
(2)Monitoring.
(i) Applicant has adequate controls in place to regularly monitor the program, including any subcontractors, for compliance with all applicable laws, regulations, and guidelines.
(ii) Applicant has adequate financial and operational controls in place to ensure the proper use of legal services grant funds.
(iii) Applicant has a plan for ensuring that the applicant's staff and any subcontractors are appropriately trained and comply with the requirements of this part.
(3)Remediation. Applicant has a plan or establishes a system for remediating non-compliant aspects of the program if and when they are identified.
(4)Management and reporting. Applicant's program management team has the capability and a system in place to provide to VA timely and accurate reports at the frequency set by VA.
(d) VA will award points based on the applicant's financial capability and plan, as demonstrated by the following:
(1)Organizational finances. Applicant, and any identified subcontractors, are financially stable.
(2)Financial feasibility of program.
(i) Applicant has a realistic plan for obtaining all funding required to operate the program for the period of the legal services grant.
(ii) Applicant's program is cost-effective and can be effectively implemented on-budget.
(e) VA will award points based on the applicant's area or community linkages and relations, as demonstrated by the following:
(1)Area or community linkages. Applicant has a plan for developing or has existing linkages with Federal (including VA), State, local, and tribal governments, agencies, and private entities for the purposes of providing additional legal services to eligible veterans.
(2)Past working relationships. Applicant (or applicant's staff), and any identified subcontractors (or subcontractors' staff), have fostered successful working relationships and linkages with public and private organizations providing legal and non-legal supportive services to veterans who are also in need of services similar to those covered under the Grant Program.
(3)Local presence and knowledge.
(i) Applicant has a presence in the area or community to be served by the applicant.
(ii) Applicant understands the dynamics of the area or community to be served by the applicant.
(4)Integration of linkages and program concept. Applicant's linkages to the area or community to be served by the applicant enhance the effectiveness of the applicant's program.

38 C.F.R. §79.35

87 FR 33041 , 7/1/2022