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12 of 45 3. Program Management Findings. The PHA must not have any major unresolved program management findings from an Inspector General’s audit, HUD management review or Independent Public Accountant (IPA) audit for the PHA’s HCV program or other significant program compliance problems that were not resolved or in the process of being resolved (as determined by the local field office) prior to this NOFA’s application deadline. Major program management findings, or significant program compliance problems, are those that would cast doubt on the capacity of the applicant to effectively administer any new HCV funding in accordance with applicable HUD regulatory and statutory requirements. 4. Litigation. The PHA must not be involved in litigation where HUD determines that the litigation may seriously impede the ability of the applicant to administer the vouchers. 5. Reporting Requirements. Each applicant must meet PIC reporting requirements. All PHAs are required to submit Family Reports (form HUD-50058) for at least 95 percent of voucher families leased at the end of the month prior to the application deadline date as verified by the PIC Delinquency Report. MTW agencies are required to submit MTW Family Reports (form HUD- 50058 MTW) for at least 85 percent of voucher families leased at the end of the month prior to the application deadline date as verified by the PIC MTW Delinquency Report. 6. FUP Utilization. Each applicant currently administering the FUP must have a FUP utilization rate of 90 percent or greater. Compliance will be determined by taking the average utilization for the six months prior to the application deadline date (based on data availability). For the purpose of tracking FUP utilization, HUD will be using the Voucher Management System (VMS). The Department has made guidance available on reporting requirements in Notice PIH 2011-52. 7. Section 8 Management Assessment Program. Each applicant must have achieved at least 15 points under the Section 8 Management Assessment Program (SEMAP) leasing indicator (24 CFR 985.3(n)) and not be designated as troubled for its most recent assessed fiscal year, as of the date this NOFA is published. MTW agencies that are not required to report under SEMAP must have achieved at least 95 percent lease-up or budget authority utilization. Submission of the application under this NOFA by an MTW agency will serve as the agency’s certification that they are not required to report under SEMAP, and that they meet the 95 percent lease up or budget authority utilization requirement. Because the application itself becomes the MTW agency certification, the MTW agency no longer needs to submit a separate certification to this effect. 8. Memorandum of Understanding (MOU). The PHA must submit a MOU executed by the Executive Director, Chief Executive Officer, or individual of equivalent position, of the PHA and PCWA, CoC Board Chair, and the CoC Collaborative Applicant Authorized Representative. Where there is more than one CoC in the PHA's jurisdiction, the PHA must determine whether it will enter into an agreement with more than one CoC. If a PCWA is authorized under State law to contract out its functions and it has done so, both the executive director of the PCWA and the executive director of the contractor organization must sign the MOU. The MOU execution date must be between the date this NOFA is published and the application deadline date under this NOFA. The MOU will be considered by HUD and the signatories (the PHA, PCWA and the CoC) as a complete statement of the responsibilities of the parties and evidence a commitment of resources to the FUP. As such, the document should be very specific. HUD strongly encourages applicants to carefully read all of the requirements of the MOU addressed in this section. Contact information for CoCs may be found here: https://www.hudexchange.info/grantees/conta cts/?params=%7B%22limit%22%3A20%2C%22sort%22%3A%22%22%2C%22order%22%3A EXHIBIT 2 3-24