Technology Innovation Program (TIP) Notice of Availability of Funds and Announcement of Public Meetings (Proposers' Conferences), 40507-40511 [E8-16068]
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Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
3. Committee meetings are open to the
public.
Nomination Information
1. Nominations are sought from all
fields described above.
2. Nominees should have established
records of distinguished service and
shall be eminent in fields such as
business, research, new product
development, engineering, labor,
education, management consulting,
environment and international relations.
The category (field of eminence) for
which the candidate is qualified should
be specified in the nomination letter.
Nominations for a particular category
should come from organizations or
individuals within that category. A
summary of the candidate’s
qualifications should be included with
the nomination, including (where
applicable) current or former service on
federal advisory boards and federal
employment. In addition, each
nomination letter should state that the
candidate agrees to the nomination,
acknowledges the responsibilities of
serving on the VCAT, and will actively
participate in good faith in the tasks of
the VCAT. Besides participation in oneor two-day meetings held at least twice
each year, it is desired that members be
able to devote the equivalent of two
days between meetings to either
developing or researching topics of
potential interest, and so forth in
furtherance of the Committee duties.
3. The Department of Commerce is
committed to equal opportunity in the
workplace and seeks a broad-based and
diverse VCAT membership.
Dated: July 8, 2008.
James M. Turner,
Deputy Director.
[FR Doc. E8–16064 Filed 7–14–08; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No.: 080626784–8786–01]
RIN 0693–ZA82
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Technology Innovation Program (TIP)
Notice of Availability of Funds and
Announcement of Public Meetings
(Proposers’ Conferences)
National Institute of Standards
and Technology (NIST), Department of
Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The National Institute of
Standards and Technology’s (NIST)
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Technology Innovation Program (TIP)
announces that it will hold a single
fiscal year 2008 competition and is
soliciting high-risk, high-reward
research and development proposals for
financial assistance. TIP also announces
that it will hold public meetings
(Proposers’ Conferences) for all
interested parties. TIP is soliciting
proposals under this fiscal year 2008
competition in one area of critical
national need entitled ‘‘Civil
Infrastructure’’ as described in the
Program Description section below.
DATES: The due date for submission of
proposals is 3 p.m. Eastern Time,
Thursday, September 4, 2008. This
deadline applies to any mode of
proposal submission, including handdelivery, courier, express mailing, and
electronic. Do not wait until the last
minute to submit a proposal. TIP will
not make any allowances for late
submissions, including incomplete
Grants.gov registration or delays by
guaranteed overnight couriers. To avoid
any potential processing backlogs due to
last minute registrations, proposers are
strongly encouraged to start their
Grants.gov registration process at least
four weeks prior to the proposal
submission due date. Review, selection,
and award processing is expected to be
completed by the end of November
2008.
ADDRESSES: Proposals must be
submitted to TIP as follows:
Paper submission: Send to National
Institute of Standards and Technology,
Technology Innovation Program, 100
Bureau Drive, Stop 4701, Gaithersburg,
MD 20899–4701.
Electronic submission: https://
www.grants.gov.
FOR FURTHER INFORMATION CONTACT:
Barbara Lambis at 301–975–4447 or by
e-mail at barbara.lambis@nist.gov.
SUPPLEMENTARY INFORMATION:
Additional Information. The full
Federal Funding Opportunity (FFO)
announcement for this request for
proposals is available at https://
www.grants.gov. The full FFO
announcement text can also be accessed
on the TIP Web site at https://
www.nist.gov/tip/helpful.html. The June
2008 Technology Innovation Program
Proposal Preparation Kit is also
available at https://www.nist.gov/tip/
helpful.html. The TIP Proposal
Preparation Kit must be used to prepare
a TIP proposal. The TIP implementing
regulations are published at 15 CFR Part
296, 73 FR 35,913 (June 25, 2008), and
included in the TIP Proposal
Preparation Kit as Appendix B.
Public Meetings (Proposers’
Conferences). TIP is holding public
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40507
meetings (Proposers’ Conferences) at
several locations around the country.
Proposers’ conferences will provide
general information regarding TIP,
guidance on preparing proposals, and
the opportunity for questions and
answers. Proprietary technical
discussions about specific project ideas
with NIST staff are not permitted at
these conferences or at any time before
submitting the proposal to TIP.
Therefore, you should not expect to
have proprietary issues addressed at
proposers’ conferences. Also, NIST/TIP
staff will not critique or provide
feedback on project ideas while they are
being developed by a proposer.
However, NIST/TIP staff will answer
questions about the TIP eligibility and
cost-sharing requirements, evaluation
and award criteria, selection process,
and the general characteristics of a
competitive TIP proposal at the
proposers’ conferences and by phone
and e-mail. Attendance at TIP
proposers’ conferences is not required.
TIP Proposers’ Conferences are being
held at the following dates, times, and
locations:
July 16, 2008, 9 a.m.–1 p.m. Central
Time: St. Louis Airport Marriott, 10700
Pear Tree Lane, St. Louis, MO (314–
253–5121).
July 16, 2008, 9 a.m.–1 p.m. Central
Time: Renaissance Houston, 6
Greenway Plaza, East Houston, TX
(713–850–2310).
July 17, 2008, 9 a.m.–1 p.m. Eastern
Time: Holiday Inn Atlanta Airport
North, 1380 Virginia Avenue, Atlanta,
GA (404–838–0029).
July 17, 2008, 9 a.m.–1 p.m. Pacific
Time: Holiday Inn Portland Airport,
8439 North East Columbia Boulevard,
Portland, OR (503–914–5253).
July 18, 2008, 9 a.m.–1 p.m. Pacific
Time: Doubletree San Jose, 2050
Gateway Place, San Jose, CA (408–437–
2124).
July 21, 2008, 1 p.m.–5 p.m. Eastern
Time: Boston Courtyard Downtown, 275
Tremont Street, Boston, MA (781–537–
5594).
July 22, 2008, 9 a.m.–1 p.m. Eastern
Time: NIST Red Auditorium, 100
Bureau Drive, Gaithersburg, MD (301–
975–8910). Pre-registration is required
by 5 p.m. Eastern Time on July 16, 2008
for the Proposers’ Conference being held
at NIST Gaithersburg, MD only. Due to
increased security at NIST, no on-site
registrations will be accepted and all
attendees must be pre-registered. Photo
identification must be presented at the
NIST main gate to be admitted to the
July 17, 2008 conference. Attendees
must wear their conference badge at all
times while on the NIST campus. Same
day registration will be allowed at the
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other locations. Electronic Registration:
At https://www.nist.gov/public_affairs/
confpage/080722.htm.
No registration fee will be charged for
any of the Proposers’ Conferences.
Presentation materials from Proposers’
Conferences will be made available on
the TIP Web site.
Statutory Authority. Section 3012 of
the America Creating Opportunities to
Meaningfully Promote Excellence in
Technology, Education, and Science
(COMPETES) Act, Pub. L. 110–69
(August 9, 2007), 15 U.S.C.A. 278n
(2008).
CFDA. 11.613, Technology Innovation
Program
Program Description. TIP is soliciting
proposals under this fiscal year 2008
competition in one area of critical
nation need entitled ‘‘Civil
Infrastructure’’ as described below. The
objective of this area of critical national
need is to address two elements of a
Civil Infrastructure Structural Integrity
societal challenge. The two elements are
inspection and monitoring of the United
States’ Civil Infrastructure Structural
Integrity as outlined in the white paper
‘‘Advanced Sensing Technologies for
the Infrastructure: Roads, Highways,
Bridges and Water Systems’’ (https://
www.nist.gov/tip/helpful.html).
The solutions to this societal
challenge require advancement beyond
the state-of-the-art of sensing
technologies that will assess the
structural integrity and/or deterioration
processes of bridges, roads, water mains,
and wastewater collection systems, that
are more accurate, easier to use, and
more economically feasible. The need
for advanced sensing technologies is of
national importance because nearly all
municipalities and states in the nation
face infrastructure management
challenges. The need for TIP’s
investment is justified because portions
of infrastructure are reaching the end of
their life spans and there are few cost
effective technical means to monitor
infrastructure integrity and to prioritize
the renovation and replacement of
infrastructure elements.
Transformational research beyond
incremental advancements is required
to achieve the objectives for this area of
critical national need. Incremental
improvements of current technologies
will not meet the challenges of
providing cost-effective, widely
deployable solutions to the problems of
sensing structural integrities and/or
deterioration processes widely across
infrastructure systems.
Proposals are being sought to create
and validate new advanced, robust,
network capable, nondestructive
evaluation and test sensing systems, or
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system components, to cost effectively
and quantitatively inspect and evaluate
the structural integrity of the civil
infrastructure.
The targeted system should be
capable of, but not limited to, detection
of corrosion, cracking, and delamination
or failure of critical infrastructure
elements and the materials of which
they are made.
Solutions are needed for improved
inspection systems for roads, highways,
bridges, drinking and wastewater
systems that provide real-time
understanding of the integrity and
service life through the use of portable,
mobile or remote sensing capabilities.
Innovations are being sought in all
aspects of a system to provide an
advanced, cost effective, networked
system, either fixed or mobile, that is
easily deployable, self powered, and self
monitoring. A complete system could
include all system components,
hardware, and software.
Proposals that include validation by
potential end users will be considered
as having strong potential.
Also within scope are:
a. Systems that provide new and
advanced methodologies for the
detection of fluid leaks from water
piping systems; and
b. Single components of a system
solution that include a demonstration of
the component in a system setting.
Ineligible projects under this
competition are:
a. Advancements in a system
component without a prototype
demonstrating that the component is
functional within a system solution, as
part of the proposed technical plan;
b. Integration projects using only
existing state-of-the-art components;
c. Straightforward improvements to
existing components without the
potential for a transformational increase
in performance to the technical
requirements; and
d. Software development that is
predominantly straightforward, routine
data gathering using applications of
standard software development
practices.
In addition to the competitionspecific ineligible projects, the
following are ineligible projects:
a. Straightforward improvements of
existing products or product
development.
b. Projects that are Phase II, III, or IV
clinical trials. TIP will rarely fund Phase
I clinical trials and reserves the right not
to fund a Phase I clinical trial. The
portion of a Phase I trial that may be
funded must be critical to meeting
Evaluation Criterion (a)(1) addressing
the scientific and technical merit of the
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proposal. The trial results must be
essential for completion of a critical
R&D task of the project. The definitions
of all phases of clinical trials are
provided in the TIP Guidelines and
Documentation Requirements for
Research Involving Human & Animal
Subjects located at https://www.nist.gov/
tip/helpful.html.
c. Pre-commercial-scale
demonstration projects where the
emphasis is on demonstrating that some
technology works on a large scale or is
economically sound rather than on R&D
that advances the state of the art and is
high-risk, high-reward.
d. Projects that TIP determines would
likely be completed without TIP funds
in the same time frame or nearly the
same time frame, or with the same scale
or scope.
e. Predominantly straightforward,
routine data gathering (e.g., creation of
voluntary consensus standards, data
gathering/handbook preparation, testing
of materials, or unbounded research
aimed at basic discovery science) or
application of standard engineering
practices.
f. Projects in which the predominant
risk is market oriented—that is, the risk
that the end product may not be
embraced by the marketplace.
g. Projects with software work, that
are predominantly about final product
details and product development, and
that have significant testing involving
users outside the research team to
determine if the software meets the
original research objectives, are likely to
be either uncompetitive or possibly
ineligible for funding. However, R&D
projects with limited software testing,
involving users outside of the research
team, may be eligible for funding and
contain eligible costs within a TIP
award when the testing is critical to
meeting Evaluation Criteria and/or
Award Criteria and the testing results
are essential for completion of a critical
task in the proposed research. This type
of testing in projects may also be
considered to involve human subjects in
research.
Funding Availability. Fiscal year 2008
appropriations include funds in the
amount of approximately $9 million for
new TIP awards. Approximately 9
awards are anticipated. The anticipated
start date is January 1, 2009. The period
of performance depends on the R&D
activity proposed. A single company
can receive up to a total of $3 million
with a project period of performance of
up to 3 years. A joint venture can
receive up to a total of $9 million with
a project period of performance of up to
5 years. Continuation funding is based
on satisfactory performance, availability
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of funds, continued relevance to
program objectives, and is at the sole
discretion of NIST.
Eligibility Criteria. Single companies
and joint ventures may apply for TIP
funding as provided in 15 CFR 296.2,
296.4, and 296.5.
Cost Sharing Requirements. At least
50 percent of the yearly total project
costs (direct plus all of the indirect
costs).
Evaluation and Award Criteria.
Proposals are selected for funding based
on the evaluation criteria listed in 15
CFR 296.21 and the award criteria listed
in 15 CFR 296.22 as identified below.
Additionally, no proposal will be
funded unless TIP determines that it has
scientific and technical merit and that
the proposed research has strong
potential for addressing a societal
challenge within the TIP-identified area
of critical national need as described in
this notice. Detailed guidance on how to
address the evaluation and award
criteria is provided in Chapter 2 of the
TIP Proposal Preparation Kit, which is
available at https://www.nist.gov/tip/
helpful.html.
Evaluation Criteria. The two
components of the evaluation criteria
and respective weights as listed in 15
CFR 296.21 are as follows:
(a)(1) The proposer(s) adequately
addresses the scientific and technical
merit and how the research may result
in intellectual property vesting in a
United States entity including evidence
that:
(i) The proposed research is novel;
(ii) The proposed research is highrisk, high-reward;
(iii) The proposer(s) demonstrates a
high level of relevant scientific/
technical expertise for key personnel,
including contractors and/or informal
collaborators, and has access to the
necessary resources, for example
research facilities, equipment, materials,
and data, to conduct the research as
proposed;
(iv) The research result(s) has the
potential to address the technical needs
associated with a major societal
challenge not currently being addressed;
and
(v) The proposed research plan is
scientifically sound with tasks,
milestones, timeline, decision points
and alternate strategies.
(2) Total weight of (a)(1)(i) through (v)
is 50%.
(b)(1) The proposer(s) adequately
establishes that the proposed research
has strong potential for advancing the
state-of-the-art and contributing
significantly to the United States
science and technology knowledge base
and to address areas of critical national
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need through transforming the Nation’s
capacity to deal with a major societal
challenge(s) that is not currently being
addressed, and generate substantial
benefits to the Nation that extend
significantly beyond the direct return to
the proposer including an explanation
in the proposal:
(i) Of the potential magnitude of
transformational results upon the
Nation’s capabilities in an area;
(ii) Of how and when the ensuing
transformational results will be useful to
the Nation; and
(iii) Of the capacity and commitment
of each award participant to enable or
advance the transformation to the
proposed research results (technology).
(2) Total weight of (b)(1)(i) through
(iii) is 50%.
Award Criteria. The six components
of the award criteria as listed in 15 CFR
§ 296.22 are as follows:
(a) The proposal explains why TIP
support is necessary, including
evidence that the research will not be
conducted within a reasonable time
period in the absence of financial
assistance from TIP;
(b) The proposal demonstrates that
reasonable and thorough efforts have
been made to secure funding from
alternative funding sources and no other
alternative funding sources are
reasonably available to support the
proposal;
(c) The proposal explains the novelty
of the research (technology) and
demonstrates that other entities have
not already developed, commercialized,
marketed, distributed, or sold similar
research results (technologies);
(d) The proposal has scientific and
technical merit and may result in
intellectual property vesting in a United
States entity that can commercialize the
technology in a timely manner; and
(e) The proposal establishes that the
research has strong potential for
advancing the state-of-the-art and
contributing significantly to the United
States science and technology
knowledge base; and
(f) The proposal establishes that the
proposed transformational research
(technology) has strong potential to
address areas of critical national need
through transforming the Nation’s
capacity to deal with major societal
challenges that are not currently being
addressed, and generate substantial
benefits to the Nation that extend
significantly beyond the direct return to
the proposer.
NIST must determine that a proposal
successfully meets all six award criteria
for the proposal to receive funding
under the Program.
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Selection Factors. In making final
selections, the Selecting Official will
select funding recipients based upon the
Evaluation Panel’s rank order of the
proposals and the following selection
factors:
a. Assuring an appropriate
distribution of funds among
technologies and their applications,
b. Availability of funds, and/or
c. Program priorities.
Program Priorities. TIP is soliciting
proposals under this fiscal year 2008
competition in one area of critical
nation need entitled ‘‘Civil
Infrastructure’’ as described in the
Program Description section above.
Selection Procedures. Proposals are
selected based on a multi-disciplinary
peer-review process, as described in 15
CFR 296.20. A preliminary review is
conducted to determine if the proposal
is in accordance with 15 CFR 296.3,
complies with the eligibility
requirements described in 15 CFR 296.5,
addresses award criteria (a) through (c)
of 15 CFR 296.22, and is complete.
Proposals that are incomplete or do not
meet any one of the preliminary review
requirements will normally be
eliminated. All remaining proposals are
then carefully reviewed based on the
TIP evaluation criteria listed in 15 CFR
296.21 and award criteria listed in 15
CFR 296.22. An Evaluation Panel will
present funding recommendations to a
Selecting Official in rank order for
further consideration. The Selecting
Official makes the final selections for
funding. The selection of proposals by
the Selecting Official is final and cannot
be appealed. The final approval of
selected proposals and award of
assistance will be made by the NIST
Grants Officer. The award decision of
the NIST Grants Officer is final and
cannot be appealed.
NIST reserves the right to negotiate
the cost and scope of the proposed work
with the proposers that have been
selected to receive awards. This may
include requesting that the proposer
delete from the scope of work a
particular task that is deemed by NIST
to be inappropriate for support. NIST
also reserves the right to reject a
proposal where information exists that
raises a reasonable doubt as to the
responsibility of the proposer.
Unallowable/Ineligible Costs. The
following items, regardless of whether
they are allowable under the federal cost
principles, are ineligible/unallowable
under TIP:
a. Bid and proposal costs unless they
are incorporated into a federally
approved indirect cost rate (e.g.,
payments to any organization or person
retained to help prepare a proposal).
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b. Construction costs for new
buildings or extensive renovations of
existing laboratory buildings. However,
costs for the construction of
experimental research and development
facilities to be located within a new or
existing building are allowable provided
the equipment or facilities are essential
for carrying out the proposed project
and are approved by the NIST Grants
Officer. These types of facility costs may
need to be prorated if they will not be
used exclusively for the research
activities proposed.
c. Contractor office supplies and
contractor expenses for conferences/
workshops.
d. Contracts to another part of the
same company or to another company
with identical or nearly identical
ownership. Work proposed by another
part of the same company or by another
company with identical or nearly
identical ownership should be shown as
funded through inter-organizational
transfers that do not contain profit.
Inter-organizational transfers should be
broken down in the appropriate budget
categories.
e. For research involving human and/
or animal subjects, any costs used to
secure Institutional Review Board or
Institutional Animal Care and Use
Committee approvals before or during
the award.
f. General purpose office equipment
and supplies that are not used
exclusively for the research, e.g., office
computers, printers, copiers, paper,
pens, and toner cartridges.
g. Indirect costs, which must be
absorbed by the recipient. However,
indirect costs are allowable for
contractors under a single company or
joint venture. (Note that indirect costs
absorbed by the recipient may be used
to meet the cost-sharing requirement.)
h. Marketing, sales, or
commercialization costs, including
marketing surveys, commercialization
studies, and general business planning,
unless they are included in a federally
approved indirect cost rate.
i. Office furniture costs, unless they
are included in a federally approved
indirect cost rate.
j. Patent costs and legal fees, unless
they are included in a federally
approved indirect cost rate.
k. Preaward costs.
l. Profit, management fees, interest on
borrowed funds, or facilities capital cost
of money. However, profit is allowable
for contractors under a single company
or joint venture.
m. Relocation costs, unless they are
included in a federally approved
indirect cost rate.
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n. Tuition costs. However, an
institution of higher education
participating in a TIP project as a
contractor or as a joint venture member
or lead may charge TIP for tuition
remission or other forms of
compensation in lieu of wages paid to
students working on TIP projects, but
only as provided in OMB Circular A–21,
Section J.41. In such cases, tuition
remission would be considered a cash
contribution rather than an in-kind
contribution.
Intellectual Property Requirements.
For single company award recipients,
pursuant to the Bayh-Dole Act (35
U.S.C. 202 (a) and (b)) and
‘‘Memorandum to the Heads of
Executive Departments and Agencies:
Government Patent Policy’’ (February
18, 1983), the entity that invents owns
the invention. However, pursuant to 35
U.S.C. 202(a)(i), when a single company
or its contractor under a TIP award is
not located in the United States or does
not have a place of business located in
the United States or is subject to the
control of a foreign government, NIST
will require that title to inventions made
by such parties be transferred to a
United States entity that will ensure the
commercialization of the technology in
a timely fashion.
For joint ventures, ownership of
inventions arising from a TIP-funded
project may vest in any participant in a
joint venture, as agreed by the members
of the joint venture (notwithstanding 35
U.S.C. 202 (a) and (b)). (Participant
includes any entity that is identified as
a recipient, subrecipient, or contractor
on an award to a joint venture.)
Title to any such invention shall not
be transferred or passed, except to a
participant in the joint venture, until the
expiration of the first patent obtained in
connection with such invention. Should
the last existing participant in a joint
venture cease to exist prior to the
expiration of the first patent obtained in
connection with any invention
developed from assistance provided
under TIP, title to such patent must be
transferred or passed to a U.S. entity
that can commercialize the technology
in a timely fashion.
The United States reserves a
nonexclusive, nontransferable,
irrevocable paid-up license, to practice
or have practiced for or on behalf of the
United States any inventions developed
from a TIP award. The federal
government shall not in the exercise of
such license publicly disclose
proprietary information related to the
license. This does not prohibit the
licensing to any company of intellectual
property rights arising from a TIPfunded project. (15 CFR 296.11(b)(3)).
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The federal government also has marchin rights in accordance with 37 CFR
401.6.
Projects Involving Human Subjects.
Research involving human subjects
must be in compliance with applicable
Federal regulations and NIST policies
for the protection of human subjects.
Human subjects research activities
involve interactions with live human
subjects or the use of data, images,
tissue, and/or cells/cell lines (including
those used for control purposes) from
human subjects. Research involving
human subjects may include activities
such as the use of image and/or audio
recording of people, taking surveys or
using survey data, using databases
containing personal information, testing
software with volunteers, and many
tasks beyond those within traditional
biomedical research. A Human Subjects
Determination Checklist is included in
the June 2008 TIP Proposal Preparation
Kit in Chapter 4 (https://www.nist.gov/
tip/helpful.html) to assist you in
determining whether your proposed
research plan has human subjects
involvement, which would require
additional information in your proposal
submission, and possibly more
documentation during the Evaluation
Panel’s consideration of your proposal.
See the TIP Guidelines and
Documentation Requirements for
Research Involving Human & Animal
Subjects for more specific information
on documentation requirements and
due dates for documentation located at
https://www.nist.gov/tip/helpful.html or
by calling 1–888–847–6478.
Projects Involving Live Vertebrate
Animals. Research involving live
vertebrate animals must be in
compliance with applicable federal
regulations and NIST policies for the
protection of live vertebrate animals.
Vertebrate animal research involves live
animals that are being cared for,
euthanized, or used by the project
participants to accomplish research
goals or for teaching or testing. The
regulations do not apply to animal
tissues purchased from commercial
processors or tissue banks or to uses of
preexisting images of animals (e.g., a
wildlife documentary or pictures of
animals in newscasts). The regulations
do apply to any animals that are
transported, cared for, euthanized or
used by a project participant for testing,
research, or training such as testing of
new procedures or projects, collection
of biological samples or observation
data on health and behavior. Detailed
information regarding the use of live
vertebrate animals in research plans and
required documentation is available in
the TIP Guidelines and Documentation
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Requirements for Research Involving
Human & Animal Subjects located at
https://www.nist.gov/tip/helpful.html or
by calling 1–888–847–6478.
Executive Order 12372
(Intergovernmental Review of Federal
Programs). Proposals under this
program are not subject to Executive
Order 12372.
Administrative Procedure Act and
Regulatory Flexibility Act. Prior notice
and comment are not required under 5
U.S.C. 553, or any other law, for rules
relating to public property, loans,
grants, benefits or contracts (5 U.S.C.
553(a)). Because prior notice and an
opportunity for public comment are not
required pursuant to 5 U.S.C. 553 or any
other law, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C.
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
E.O. 13132 (Federalism). This notice
does not contain policies with
Federalism implications as defined in
Executive Order 13132.
E.O. 12866 (Regulatory Planning and
Review). This notice is not a significant
regulatory action under Sections 3(f)(3)
and 3(f)(4) of Executive Order 12866, as
it does not materially alter the budgetary
impact of a grant program and does not
raise novel policy issues. This notice is
not an ‘‘economically significant’’
regulatory action under Section 3(f)(1)
of the Executive Order, as it does not
have an effect on the economy of $100
million or more in any one year, and it
does not have a material adverse effect
on the economy, a sector of the
economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities.
Paperwork Reduction Act.
Notwithstanding any other provision of
the law, no person is required to, nor
shall any person be subject to penalty
for failure to, comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act (PRA), unless that
collection of information displays a
currently valid Office of Management
and Budget (OMB) Control Number.
This notice contains collection-ofinformation requirements subject to the
PRA. The use of Form NIST–1022,
Standard Form–424 (R&R), SF–424B,
SF–LLL, Research and Related Other
Project Information Form, and CD–346
has been approved by OMB under the
respective control numbers 0693–0050,
4040–0001, 4040–0007, 0348–0046,
4040–0001, and 0605–0001.
Administrative and National Policy
Requirements. Department of Commerce
Pre-Award Notification Requirements
VerDate Aug<31>2005
15:01 Jul 14, 2008
Jkt 214001
for Grants and Cooperative Agreements,
73 FR 7696–05 (Feb. 11, 2008), apply to
this solicitation.
Dated: July 9, 2008.
James M. Turner,
Deputy Director.
[FR Doc. E8–16068 Filed 7–14–08; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XJ03
Gulf of Mexico Fishery Management
Council (Council); Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
40511
regarding any fishery issue of concern.
People wishing to speak before the
Council should complete a public
comment card prior to the comment
period.
1:30 p.m. - 5:30 p.m. - The Council
will continue to review and discuss
reports from the committee meetings as
follows: Reef Fish Management; Joint
Stone Crab/Spiny Lobster; Joint Reef
Fish/Mackerel/Red Drum; Marine
Reserves; and Administrative Policy.
Friday, August 15, 2008
The Council will continue to review
and discuss reports from the committee
meetings as follows:
8:30 a.m. - 9:30 a.m. - The Shrimp
Management; Data Collection;
Sustainable Fisheries/Ecosystem.
9:30 a.m. - 10:30 a.m. - Other
Business items and the election of the
Chairman and Vice Chairman. The
Council will conclude its meeting at
approximately 10:30 a.m.
SUMMARY: The Gulf of Mexico Fishery
Management Council will convene
public meetings.
DATES: The meetings will be held
August 11 - 15, 2008.
ADDRESSES: The meetings will be held at
the Hilton Key Largo, 97000 S. Overseas
Hwy., Key Largo, FL 33037.
Council address: Gulf of Mexico
Fishery Management Council, 2203
North Lois Avenue, Suite 1100, Tampa,
FL 33607.
FOR FURTHER INFORMATION CONTACT:
Richard Leard, Deputy Executive
Director, Gulf of Mexico Fishery
Management Council; telephone: (813)
348–1630.
SUPPLEMENTARY INFORMATION:
Committees
Council
8:30 a.m. - 9:30 a.m. - The Reef Fish
Management Committee will continue.
9:30 a.m. - 12 p.m. - The
Administrative Policy Committee will
meet to discuss Scientific and Statistical
Committee (SSC) Comments on annual
catch limit (ACL) and accountability
measure (AM) Guidelines and Revised
Statement of Organization Practices and
Procedures (SOPP’s).
1:30 p.m. - 3:30 p.m. - The Ad Hoc
Allocation Committee will meet to
discuss Fishing Communities and Social
Aspects of Allocation; FMP Objectives;
Net Benefits and Allocation; Landings,
Total Allowable Catch (TAC) and
Allocation Changes by Sector; Draft
Allocation Principles and any
Recommendations to the Council.
3:30 p.m. - 4:30 p.m. - The Stone
Crab/Spiny Lobster Committee will
meet to discuss the Final Amendment 8
to the Spiny Lobster FMP; Public
Hearing Comments; Spiny Lobster AP
Wednesday, August 13, 2008
3:30 p.m. - The Council meeting will
begin with a review of the agenda and
minutes.
The Council will review and discuss
reports from the previous two days’
committee meetings as follows:
3:45 p.m. - 5:30 p.m. - Ad Hoc
Allocation.
6 p.m. - 7 p.m. - There will be an
Open Public Question and Answer
Session.
Thursday, August 14, 2008
8:30 a.m. - 12 noon - The Council will
receive public testimony on exempted
fishing permits (EFPs), if any; Final Reef
Fish Amendment 30B; Final
Amendment 8 to the Joint Spiny Lobster
Fishery Management Plan (FMP).
Following testimony, the Council will
hold an Open Public Comment Period
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
Monday, August 11, 2008
9 a.m. - 12 p.m. & 1:30 p.m. - 5:30
p.m. - The Reef Fish Management
Committee will meet to discuss Final
Reef Fish Amendment 30B; Reef Fish
Amendment 29; Southeast Data and
Review (SEDAR) Terms of Reference
(TOR) for Black Grouper; SEDAR TOR
for stock Assessment Updates for Red
Snapper, Gag, and Red Grouper; and Ad
Hoc Recreational Red Snapper Advisory
Panel (AP) Recommendations. The
Council will also receive a document on
changes in effort and fuel prices in the
Gulf.
Tuesday, August 12, 2008
E:\FR\FM\15JYN1.SGM
15JYN1
Agencies
[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40507-40511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16068]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
[Docket No.: 080626784-8786-01]
RIN 0693-ZA82
Technology Innovation Program (TIP) Notice of Availability of
Funds and Announcement of Public Meetings (Proposers' Conferences)
AGENCY: National Institute of Standards and Technology (NIST),
Department of Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The National Institute of Standards and Technology's (NIST)
Technology Innovation Program (TIP) announces that it will hold a
single fiscal year 2008 competition and is soliciting high-risk, high-
reward research and development proposals for financial assistance. TIP
also announces that it will hold public meetings (Proposers'
Conferences) for all interested parties. TIP is soliciting proposals
under this fiscal year 2008 competition in one area of critical
national need entitled ``Civil Infrastructure'' as described in the
Program Description section below.
DATES: The due date for submission of proposals is 3 p.m. Eastern Time,
Thursday, September 4, 2008. This deadline applies to any mode of
proposal submission, including hand-delivery, courier, express mailing,
and electronic. Do not wait until the last minute to submit a proposal.
TIP will not make any allowances for late submissions, including
incomplete Grants.gov registration or delays by guaranteed overnight
couriers. To avoid any potential processing backlogs due to last minute
registrations, proposers are strongly encouraged to start their
Grants.gov registration process at least four weeks prior to the
proposal submission due date. Review, selection, and award processing
is expected to be completed by the end of November 2008.
ADDRESSES: Proposals must be submitted to TIP as follows:
Paper submission: Send to National Institute of Standards and
Technology, Technology Innovation Program, 100 Bureau Drive, Stop 4701,
Gaithersburg, MD 20899-4701.
Electronic submission: https://www.grants.gov.
FOR FURTHER INFORMATION CONTACT: Barbara Lambis at 301-975-4447 or by
e-mail at barbara.lambis@nist.gov.
SUPPLEMENTARY INFORMATION:
Additional Information. The full Federal Funding Opportunity (FFO)
announcement for this request for proposals is available at https://
www.grants.gov. The full FFO announcement text can also be accessed on
the TIP Web site at https://www.nist.gov/tip/helpful.html. The June 2008
Technology Innovation Program Proposal Preparation Kit is also
available at https://www.nist.gov/tip/helpful.html. The TIP Proposal
Preparation Kit must be used to prepare a TIP proposal. The TIP
implementing regulations are published at 15 CFR Part 296, 73 FR 35,913
(June 25, 2008), and included in the TIP Proposal Preparation Kit as
Appendix B.
Public Meetings (Proposers' Conferences). TIP is holding public
meetings (Proposers' Conferences) at several locations around the
country. Proposers' conferences will provide general information
regarding TIP, guidance on preparing proposals, and the opportunity for
questions and answers. Proprietary technical discussions about specific
project ideas with NIST staff are not permitted at these conferences or
at any time before submitting the proposal to TIP. Therefore, you
should not expect to have proprietary issues addressed at proposers'
conferences. Also, NIST/TIP staff will not critique or provide feedback
on project ideas while they are being developed by a proposer. However,
NIST/TIP staff will answer questions about the TIP eligibility and
cost-sharing requirements, evaluation and award criteria, selection
process, and the general characteristics of a competitive TIP proposal
at the proposers' conferences and by phone and e-mail. Attendance at
TIP proposers' conferences is not required.
TIP Proposers' Conferences are being held at the following dates,
times, and locations:
July 16, 2008, 9 a.m.-1 p.m. Central Time: St. Louis Airport
Marriott, 10700 Pear Tree Lane, St. Louis, MO (314-253-5121).
July 16, 2008, 9 a.m.-1 p.m. Central Time: Renaissance Houston, 6
Greenway Plaza, East Houston, TX (713-850-2310).
July 17, 2008, 9 a.m.-1 p.m. Eastern Time: Holiday Inn Atlanta
Airport North, 1380 Virginia Avenue, Atlanta, GA (404-838-0029).
July 17, 2008, 9 a.m.-1 p.m. Pacific Time: Holiday Inn Portland
Airport, 8439 North East Columbia Boulevard, Portland, OR (503-914-
5253).
July 18, 2008, 9 a.m.-1 p.m. Pacific Time: Doubletree San Jose,
2050 Gateway Place, San Jose, CA (408-437-2124).
July 21, 2008, 1 p.m.-5 p.m. Eastern Time: Boston Courtyard
Downtown, 275 Tremont Street, Boston, MA (781-537-5594).
July 22, 2008, 9 a.m.-1 p.m. Eastern Time: NIST Red Auditorium, 100
Bureau Drive, Gaithersburg, MD (301-975-8910). Pre-registration is
required by 5 p.m. Eastern Time on July 16, 2008 for the Proposers'
Conference being held at NIST Gaithersburg, MD only. Due to increased
security at NIST, no on-site registrations will be accepted and all
attendees must be pre-registered. Photo identification must be
presented at the NIST main gate to be admitted to the July 17, 2008
conference. Attendees must wear their conference badge at all times
while on the NIST campus. Same day registration will be allowed at the
[[Page 40508]]
other locations. Electronic Registration: At https://www.nist.gov/
public_affairs/confpage/080722.htm.
No registration fee will be charged for any of the Proposers'
Conferences. Presentation materials from Proposers' Conferences will be
made available on the TIP Web site.
Statutory Authority. Section 3012 of the America Creating
Opportunities to Meaningfully Promote Excellence in Technology,
Education, and Science (COMPETES) Act, Pub. L. 110-69 (August 9, 2007),
15 U.S.C.A. 278n (2008).
CFDA. 11.613, Technology Innovation Program
Program Description. TIP is soliciting proposals under this fiscal
year 2008 competition in one area of critical nation need entitled
``Civil Infrastructure'' as described below. The objective of this area
of critical national need is to address two elements of a Civil
Infrastructure Structural Integrity societal challenge. The two
elements are inspection and monitoring of the United States' Civil
Infrastructure Structural Integrity as outlined in the white paper
``Advanced Sensing Technologies for the Infrastructure: Roads,
Highways, Bridges and Water Systems'' (https://www.nist.gov/tip/
helpful.html).
The solutions to this societal challenge require advancement beyond
the state-of-the-art of sensing technologies that will assess the
structural integrity and/or deterioration processes of bridges, roads,
water mains, and wastewater collection systems, that are more accurate,
easier to use, and more economically feasible. The need for advanced
sensing technologies is of national importance because nearly all
municipalities and states in the nation face infrastructure management
challenges. The need for TIP's investment is justified because portions
of infrastructure are reaching the end of their life spans and there
are few cost effective technical means to monitor infrastructure
integrity and to prioritize the renovation and replacement of
infrastructure elements. Transformational research beyond incremental
advancements is required to achieve the objectives for this area of
critical national need. Incremental improvements of current
technologies will not meet the challenges of providing cost-effective,
widely deployable solutions to the problems of sensing structural
integrities and/or deterioration processes widely across infrastructure
systems.
Proposals are being sought to create and validate new advanced,
robust, network capable, nondestructive evaluation and test sensing
systems, or system components, to cost effectively and quantitatively
inspect and evaluate the structural integrity of the civil
infrastructure.
The targeted system should be capable of, but not limited to,
detection of corrosion, cracking, and delamination or failure of
critical infrastructure elements and the materials of which they are
made.
Solutions are needed for improved inspection systems for roads,
highways, bridges, drinking and wastewater systems that provide real-
time understanding of the integrity and service life through the use of
portable, mobile or remote sensing capabilities.
Innovations are being sought in all aspects of a system to provide
an advanced, cost effective, networked system, either fixed or mobile,
that is easily deployable, self powered, and self monitoring. A
complete system could include all system components, hardware, and
software.
Proposals that include validation by potential end users will be
considered as having strong potential.
Also within scope are:
a. Systems that provide new and advanced methodologies for the
detection of fluid leaks from water piping systems; and
b. Single components of a system solution that include a
demonstration of the component in a system setting.
Ineligible projects under this competition are:
a. Advancements in a system component without a prototype
demonstrating that the component is functional within a system
solution, as part of the proposed technical plan;
b. Integration projects using only existing state-of-the-art
components;
c. Straightforward improvements to existing components without the
potential for a transformational increase in performance to the
technical requirements; and
d. Software development that is predominantly straightforward,
routine data gathering using applications of standard software
development practices.
In addition to the competition-specific ineligible projects, the
following are ineligible projects:
a. Straightforward improvements of existing products or product
development.
b. Projects that are Phase II, III, or IV clinical trials. TIP will
rarely fund Phase I clinical trials and reserves the right not to fund
a Phase I clinical trial. The portion of a Phase I trial that may be
funded must be critical to meeting Evaluation Criterion (a)(1)
addressing the scientific and technical merit of the proposal. The
trial results must be essential for completion of a critical R&D task
of the project. The definitions of all phases of clinical trials are
provided in the TIP Guidelines and Documentation Requirements for
Research Involving Human & Animal Subjects located at https://
www.nist.gov/tip/helpful.html.
c. Pre-commercial-scale demonstration projects where the emphasis
is on demonstrating that some technology works on a large scale or is
economically sound rather than on R&D that advances the state of the
art and is high-risk, high-reward.
d. Projects that TIP determines would likely be completed without
TIP funds in the same time frame or nearly the same time frame, or with
the same scale or scope.
e. Predominantly straightforward, routine data gathering (e.g.,
creation of voluntary consensus standards, data gathering/handbook
preparation, testing of materials, or unbounded research aimed at basic
discovery science) or application of standard engineering practices.
f. Projects in which the predominant risk is market oriented--that
is, the risk that the end product may not be embraced by the
marketplace.
g. Projects with software work, that are predominantly about final
product details and product development, and that have significant
testing involving users outside the research team to determine if the
software meets the original research objectives, are likely to be
either uncompetitive or possibly ineligible for funding. However, R&D
projects with limited software testing, involving users outside of the
research team, may be eligible for funding and contain eligible costs
within a TIP award when the testing is critical to meeting Evaluation
Criteria and/or Award Criteria and the testing results are essential
for completion of a critical task in the proposed research. This type
of testing in projects may also be considered to involve human subjects
in research.
Funding Availability. Fiscal year 2008 appropriations include funds
in the amount of approximately $9 million for new TIP awards.
Approximately 9 awards are anticipated. The anticipated start date is
January 1, 2009. The period of performance depends on the R&D activity
proposed. A single company can receive up to a total of $3 million with
a project period of performance of up to 3 years. A joint venture can
receive up to a total of $9 million with a project period of
performance of up to 5 years. Continuation funding is based on
satisfactory performance, availability
[[Page 40509]]
of funds, continued relevance to program objectives, and is at the sole
discretion of NIST.
Eligibility Criteria. Single companies and joint ventures may apply
for TIP funding as provided in 15 CFR 296.2, 296.4, and 296.5.
Cost Sharing Requirements. At least 50 percent of the yearly total
project costs (direct plus all of the indirect costs).
Evaluation and Award Criteria. Proposals are selected for funding
based on the evaluation criteria listed in 15 CFR 296.21 and the award
criteria listed in 15 CFR 296.22 as identified below. Additionally, no
proposal will be funded unless TIP determines that it has scientific
and technical merit and that the proposed research has strong potential
for addressing a societal challenge within the TIP-identified area of
critical national need as described in this notice. Detailed guidance
on how to address the evaluation and award criteria is provided in
Chapter 2 of the TIP Proposal Preparation Kit, which is available at
https://www.nist.gov/tip/helpful.html.
Evaluation Criteria. The two components of the evaluation criteria
and respective weights as listed in 15 CFR 296.21 are as follows:
(a)(1) The proposer(s) adequately addresses the scientific and
technical merit and how the research may result in intellectual
property vesting in a United States entity including evidence that:
(i) The proposed research is novel;
(ii) The proposed research is high-risk, high-reward;
(iii) The proposer(s) demonstrates a high level of relevant
scientific/technical expertise for key personnel, including contractors
and/or informal collaborators, and has access to the necessary
resources, for example research facilities, equipment, materials, and
data, to conduct the research as proposed;
(iv) The research result(s) has the potential to address the
technical needs associated with a major societal challenge not
currently being addressed; and
(v) The proposed research plan is scientifically sound with tasks,
milestones, timeline, decision points and alternate strategies.
(2) Total weight of (a)(1)(i) through (v) is 50%.
(b)(1) The proposer(s) adequately establishes that the proposed
research has strong potential for advancing the state-of-the-art and
contributing significantly to the United States science and technology
knowledge base and to address areas of critical national need through
transforming the Nation's capacity to deal with a major societal
challenge(s) that is not currently being addressed, and generate
substantial benefits to the Nation that extend significantly beyond the
direct return to the proposer including an explanation in the proposal:
(i) Of the potential magnitude of transformational results upon the
Nation's capabilities in an area;
(ii) Of how and when the ensuing transformational results will be
useful to the Nation; and
(iii) Of the capacity and commitment of each award participant to
enable or advance the transformation to the proposed research results
(technology).
(2) Total weight of (b)(1)(i) through (iii) is 50%.
Award Criteria. The six components of the award criteria as listed
in 15 CFR Sec. 296.22 are as follows:
(a) The proposal explains why TIP support is necessary, including
evidence that the research will not be conducted within a reasonable
time period in the absence of financial assistance from TIP;
(b) The proposal demonstrates that reasonable and thorough efforts
have been made to secure funding from alternative funding sources and
no other alternative funding sources are reasonably available to
support the proposal;
(c) The proposal explains the novelty of the research (technology)
and demonstrates that other entities have not already developed,
commercialized, marketed, distributed, or sold similar research results
(technologies);
(d) The proposal has scientific and technical merit and may result
in intellectual property vesting in a United States entity that can
commercialize the technology in a timely manner; and
(e) The proposal establishes that the research has strong potential
for advancing the state-of-the-art and contributing significantly to
the United States science and technology knowledge base; and
(f) The proposal establishes that the proposed transformational
research (technology) has strong potential to address areas of critical
national need through transforming the Nation's capacity to deal with
major societal challenges that are not currently being addressed, and
generate substantial benefits to the Nation that extend significantly
beyond the direct return to the proposer.
NIST must determine that a proposal successfully meets all six
award criteria for the proposal to receive funding under the Program.
Selection Factors. In making final selections, the Selecting
Official will select funding recipients based upon the Evaluation
Panel's rank order of the proposals and the following selection
factors:
a. Assuring an appropriate distribution of funds among technologies
and their applications,
b. Availability of funds, and/or
c. Program priorities.
Program Priorities. TIP is soliciting proposals under this fiscal
year 2008 competition in one area of critical nation need entitled
``Civil Infrastructure'' as described in the Program Description
section above.
Selection Procedures. Proposals are selected based on a multi-
disciplinary peer-review process, as described in 15 CFR 296.20. A
preliminary review is conducted to determine if the proposal is in
accordance with 15 CFR 296.3, complies with the eligibility
requirements described in 15 CFR 296.5, addresses award criteria (a)
through (c) of 15 CFR 296.22, and is complete. Proposals that are
incomplete or do not meet any one of the preliminary review
requirements will normally be eliminated. All remaining proposals are
then carefully reviewed based on the TIP evaluation criteria listed in
15 CFR 296.21 and award criteria listed in 15 CFR 296.22. An Evaluation
Panel will present funding recommendations to a Selecting Official in
rank order for further consideration. The Selecting Official makes the
final selections for funding. The selection of proposals by the
Selecting Official is final and cannot be appealed. The final approval
of selected proposals and award of assistance will be made by the NIST
Grants Officer. The award decision of the NIST Grants Officer is final
and cannot be appealed.
NIST reserves the right to negotiate the cost and scope of the
proposed work with the proposers that have been selected to receive
awards. This may include requesting that the proposer delete from the
scope of work a particular task that is deemed by NIST to be
inappropriate for support. NIST also reserves the right to reject a
proposal where information exists that raises a reasonable doubt as to
the responsibility of the proposer.
Unallowable/Ineligible Costs. The following items, regardless of
whether they are allowable under the federal cost principles, are
ineligible/unallowable under TIP:
a. Bid and proposal costs unless they are incorporated into a
federally approved indirect cost rate (e.g., payments to any
organization or person retained to help prepare a proposal).
[[Page 40510]]
b. Construction costs for new buildings or extensive renovations of
existing laboratory buildings. However, costs for the construction of
experimental research and development facilities to be located within a
new or existing building are allowable provided the equipment or
facilities are essential for carrying out the proposed project and are
approved by the NIST Grants Officer. These types of facility costs may
need to be prorated if they will not be used exclusively for the
research activities proposed.
c. Contractor office supplies and contractor expenses for
conferences/workshops.
d. Contracts to another part of the same company or to another
company with identical or nearly identical ownership. Work proposed by
another part of the same company or by another company with identical
or nearly identical ownership should be shown as funded through inter-
organizational transfers that do not contain profit. Inter-
organizational transfers should be broken down in the appropriate
budget categories.
e. For research involving human and/or animal subjects, any costs
used to secure Institutional Review Board or Institutional Animal Care
and Use Committee approvals before or during the award.
f. General purpose office equipment and supplies that are not used
exclusively for the research, e.g., office computers, printers,
copiers, paper, pens, and toner cartridges.
g. Indirect costs, which must be absorbed by the recipient.
However, indirect costs are allowable for contractors under a single
company or joint venture. (Note that indirect costs absorbed by the
recipient may be used to meet the cost-sharing requirement.)
h. Marketing, sales, or commercialization costs, including
marketing surveys, commercialization studies, and general business
planning, unless they are included in a federally approved indirect
cost rate.
i. Office furniture costs, unless they are included in a federally
approved indirect cost rate.
j. Patent costs and legal fees, unless they are included in a
federally approved indirect cost rate.
k. Preaward costs.
l. Profit, management fees, interest on borrowed funds, or
facilities capital cost of money. However, profit is allowable for
contractors under a single company or joint venture.
m. Relocation costs, unless they are included in a federally
approved indirect cost rate.
n. Tuition costs. However, an institution of higher education
participating in a TIP project as a contractor or as a joint venture
member or lead may charge TIP for tuition remission or other forms of
compensation in lieu of wages paid to students working on TIP projects,
but only as provided in OMB Circular A-21, Section J.41. In such cases,
tuition remission would be considered a cash contribution rather than
an in-kind contribution.
Intellectual Property Requirements. For single company award
recipients, pursuant to the Bayh-Dole Act (35 U.S.C. 202 (a) and (b))
and ``Memorandum to the Heads of Executive Departments and Agencies:
Government Patent Policy'' (February 18, 1983), the entity that invents
owns the invention. However, pursuant to 35 U.S.C. 202(a)(i), when a
single company or its contractor under a TIP award is not located in
the United States or does not have a place of business located in the
United States or is subject to the control of a foreign government,
NIST will require that title to inventions made by such parties be
transferred to a United States entity that will ensure the
commercialization of the technology in a timely fashion.
For joint ventures, ownership of inventions arising from a TIP-
funded project may vest in any participant in a joint venture, as
agreed by the members of the joint venture (notwithstanding 35 U.S.C.
202 (a) and (b)). (Participant includes any entity that is identified
as a recipient, subrecipient, or contractor on an award to a joint
venture.)
Title to any such invention shall not be transferred or passed,
except to a participant in the joint venture, until the expiration of
the first patent obtained in connection with such invention. Should the
last existing participant in a joint venture cease to exist prior to
the expiration of the first patent obtained in connection with any
invention developed from assistance provided under TIP, title to such
patent must be transferred or passed to a U.S. entity that can
commercialize the technology in a timely fashion.
The United States reserves a nonexclusive, nontransferable,
irrevocable paid-up license, to practice or have practiced for or on
behalf of the United States any inventions developed from a TIP award.
The federal government shall not in the exercise of such license
publicly disclose proprietary information related to the license. This
does not prohibit the licensing to any company of intellectual property
rights arising from a TIP-funded project. (15 CFR 296.11(b)(3)). The
federal government also has march-in rights in accordance with 37 CFR
401.6.
Projects Involving Human Subjects. Research involving human
subjects must be in compliance with applicable Federal regulations and
NIST policies for the protection of human subjects. Human subjects
research activities involve interactions with live human subjects or
the use of data, images, tissue, and/or cells/cell lines (including
those used for control purposes) from human subjects. Research
involving human subjects may include activities such as the use of
image and/or audio recording of people, taking surveys or using survey
data, using databases containing personal information, testing software
with volunteers, and many tasks beyond those within traditional
biomedical research. A Human Subjects Determination Checklist is
included in the June 2008 TIP Proposal Preparation Kit in Chapter 4
(https://www.nist.gov/tip/helpful.html) to assist you in determining
whether your proposed research plan has human subjects involvement,
which would require additional information in your proposal submission,
and possibly more documentation during the Evaluation Panel's
consideration of your proposal. See the TIP Guidelines and
Documentation Requirements for Research Involving Human & Animal
Subjects for more specific information on documentation requirements
and due dates for documentation located at https://www.nist.gov/tip/
helpful.html or by calling 1-888-847-6478.
Projects Involving Live Vertebrate Animals. Research involving live
vertebrate animals must be in compliance with applicable federal
regulations and NIST policies for the protection of live vertebrate
animals. Vertebrate animal research involves live animals that are
being cared for, euthanized, or used by the project participants to
accomplish research goals or for teaching or testing. The regulations
do not apply to animal tissues purchased from commercial processors or
tissue banks or to uses of preexisting images of animals (e.g., a
wildlife documentary or pictures of animals in newscasts). The
regulations do apply to any animals that are transported, cared for,
euthanized or used by a project participant for testing, research, or
training such as testing of new procedures or projects, collection of
biological samples or observation data on health and behavior. Detailed
information regarding the use of live vertebrate animals in research
plans and required documentation is available in the TIP Guidelines and
Documentation
[[Page 40511]]
Requirements for Research Involving Human & Animal Subjects located at
https://www.nist.gov/tip/helpful.html or by calling 1-888-847-6478.
Executive Order 12372 (Intergovernmental Review of Federal
Programs). Proposals under this program are not subject to Executive
Order 12372.
Administrative Procedure Act and Regulatory Flexibility Act. Prior
notice and comment are not required under 5 U.S.C. 553, or any other
law, for rules relating to public property, loans, grants, benefits or
contracts (5 U.S.C. 553(a)). Because prior notice and an opportunity
for public comment are not required pursuant to 5 U.S.C. 553 or any
other law, the analytical requirements of the Regulatory Flexibility
Act (5 U.S.C. et seq.) are inapplicable. Therefore, a regulatory
flexibility analysis is not required and has not been prepared.
E.O. 13132 (Federalism). This notice does not contain policies with
Federalism implications as defined in Executive Order 13132.
E.O. 12866 (Regulatory Planning and Review). This notice is not a
significant regulatory action under Sections 3(f)(3) and 3(f)(4) of
Executive Order 12866, as it does not materially alter the budgetary
impact of a grant program and does not raise novel policy issues. This
notice is not an ``economically significant'' regulatory action under
Section 3(f)(1) of the Executive Order, as it does not have an effect
on the economy of $100 million or more in any one year, and it does not
have a material adverse effect on the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities.
Paperwork Reduction Act. Notwithstanding any other provision of the
law, no person is required to, nor shall any person be subject to
penalty for failure to, comply with a collection of information,
subject to the requirements of the Paperwork Reduction Act (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This notice contains
collection-of-information requirements subject to the PRA. The use of
Form NIST-1022, Standard Form-424 (R&R), SF-424B, SF-LLL, Research and
Related Other Project Information Form, and CD-346 has been approved by
OMB under the respective control numbers 0693-0050, 4040-0001, 4040-
0007, 0348-0046, 4040-0001, and 0605-0001.
Administrative and National Policy Requirements. Department of
Commerce Pre-Award Notification Requirements for Grants and Cooperative
Agreements, 73 FR 7696-05 (Feb. 11, 2008), apply to this solicitation.
Dated: July 9, 2008.
James M. Turner,
Deputy Director.
[FR Doc. E8-16068 Filed 7-14-08; 8:45 am]
BILLING CODE 3510-13-P