National Institute of Standards and Technology Construction Grant Program, 9392-9397 [2010-4286]
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9392
Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. For more
information or request for sign language
interpretation and/other auxiliary aids,
please contact Mr. Miguel A. Rolon,
Executive Director, Caribbean Fishery
Management Council, 268 Munoz
Rivera Avenue, Suite 1108, San Juan,
Puerto Rico 00918–1920, telephone:
(787) 766–5926, at least 5 days prior to
the meeting date.
Dated: February 25, 2010.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–4297 Filed 3–1–10; 8:45 am]
The items
of discussion in the committee’s agenda
are as follows:
SUPPLEMENTARY INFORMATION:
1. Tuesday, March 30, 2010 beginning
at 9:30 a.m.
The Herring Committee will continue
development of catch monitoring
alternatives for inclusion in
Amendment 5 to the Atlantic Herring
Fishery Management Plan (FMP);
alternatives may include management
measures to: improve quota monitoring
and reporting; standardize/certify
volumetric measurements of catch;
address vessel-to-vessel transfers of
Atlantic herring; address requirements
for catch monitoring and control
plans(CMCPs); address maximized
retention; maximize sampling and
address net slippage; address at-sea
monitoring; address dockside
monitoring; require electronic
monitoring; and address other elements
of catch monitoring in the Atlantic
herring fishery.
2. Wednesday, March 31, 2010
beginning at 9 a.m
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XU75
New England Fishery Management
Council; Public Meeting
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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
SUMMARY: The New England Fishery
Management Council’s (Council)
Groundfish Committee will meet to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ).
DATES: The two-day meeting will be
held on March 30, 2010 and March 31,
2010.
ADDRESSES: The meeting will be held at
the Eastland Park Hotel, 157 High
Street, Portland, ME 04101; telephone:
(207) 775–5411; fax: (207) 775–2872.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT: Paul
J. Howard, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
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The Committee will continue the
agenda from the previous day development of catch monitoring
alternatives for inclusion in
Amendment 5 to the Atlantic Herring
FMP. They will discuss issues related to
timing of next benchmark stock
assessment for Atlantic herring and
develop a Committee recommendation
for Council consideration. They will
also address other elements of
Amendment 5 as time permits. Other
business may also be discussed.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Paul
J. Howard (see ADDRESSES) at least 5
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
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Dated: February 25, 2010.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–4298 Filed 3–1–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
RIN 0693–ZA95
[Docket No.: 100201057–0059–01]
National Institute of Standards and
Technology Construction Grant
Program
AGENCY: National Institute of Standards
and Technology (NIST), Department of
Commerce.
ACTION: Notice of availability of funds.
SUMMARY: The National Institute of
Standards and Technology (NIST)
announces that it is holding a
competition for the NIST Construction
Grant Program, and is soliciting
proposals for financial assistance for FY
2010. The goals and objectives of the
program are to provide competitively
awarded grant funds for research
science buildings through the
construction of new buildings or
expansion of existing buildings.
DATES: A Letter of Intent (Form NIST–
1102) is required and must be received
no later than 3 p.m. Eastern Time,
Monday, March 29, 2010. The
corresponding full proposal must be
received no later than 3 p.m. Eastern
Time, Monday, April 26, 2010. Review,
selection, and grant award processing is
expected to be completed in September
2010.
ADDRESSES: Letters of Intent may only
be submitted by paper to: National
Institute of Standards and Technology;
Construction Grant Program; 100 Bureau
Drive, Stop 4701; Gaithersburg, MD
20899–4701; Attn: Anneke Tingle—
301–975–5060. The corresponding full
proposals may be submitted by paper or
electronically. Paper Submissions:
National Institute of Standards and
Technology; Construction Grant
Program; 100 Bureau Drive, Stop 4701;
Gaithersburg, MD 20899–4701; Attn:
Anneke Tingle—301–975–5060.
Electronic submissions: 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)
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announcement for this request for
proposals contains detailed information
and requirements for the program.
Applicants are strongly encouraged to
read the FFO announcement in
developing proposals. The full FFO
announcement is available at https://
www.grants.gov and on the NIST Web
site at https://www.nist.gov/director/
ncgp/.
Statutory Authority. The statutory
authority for this program is the
Omnibus Appropriations Act, 2009
(Pub. L. 111–8) and Consolidated
Appropriations Act, 2010 (Pub. L. 111–
117).
CFDA. 11.618, NIST Construction
Grant Program.
Program Description. The Omnibus
Appropriations Act, 2009 (Pub. L. 111–
8) appropriated $30 million to NIST ‘‘for
a competitive construction grant
program for research science buildings.
Additional information on the program
provided in an Explanatory Statement
published in the Congressional Record
(which serves as the Conference Report)
indicates that Congress intended to
provide NIST $30,000,000 for
competitive construction grants for
research science buildings. (See 155
Cong. Rec. H1735 (daily ed. Feb. 23,
2009).) The statement also indicates that
‘‘grants shall be awarded to colleges,
universities, and non-profit science
research organizations on a merit basis.
Additionally, the Consolidated
Appropriations Act, 2010 (Pub. L. 111–
117) appropriated an additional $20
million to NIST for a competitive
construction grant program for research
science buildings.
Pursuant to the statutory authorities
cited above and in consideration of the
legislative history, NIST publishes this
notice to set forth the program goals and
objectives, and to solicit Letters of Intent
and full proposals for the NIST
Construction Grant Program. The goals
and objectives of the program are to
provide competitively awarded grant
funds for research science buildings
through the construction of new
buildings or expansion of existing
buildings. For purposes of this program,
‘‘research science building’’ means a
building or facility whose purpose is for
the conduct of scientific research,
including laboratories, test facilities,
measurement facilities, research
computing facilities, and observatories.
In addition, ‘‘expansion of existing
buildings’’ means that space to conduct
scientific research is being expanded
from what is currently available for the
supported research activities. NIST
seeks proposals that successfully
address the evaluation criteria below.
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Unallowable/Ineligible Projects
The following projects are
unallowable/ineligible under this
program:
1. Projects to construct or expand a
building not intended for performing
research or that will predominately be
equipped with routine office equipment
and/or lecture/class room furnishings.
2. Projects to construct facilities that
will primarily benefit undergraduate
research training programs, rather than
the creation of new graduate level
research programs, or expanding
existing graduate level research
programs.
3. Projects to construct facilities that
will primarily benefit the education of
the general public rather than support
research activities.
4. Projects that include tasks for
constructing shell space that will not be
completed into research space within
the grant will have these tasks removed.
Unallowable/Ineligible Costs
The following items, regardless of
whether they are allowable under the
Federal cost principles, are unallowable
under this program and may not be used
as cost sharing:
1. Ancillary Structures, rights-of-way
surveys, appraisals, etc.
2. Costs or charges associated with
routine maintenance, or operation of the
facility.
3. Equipment used for research or
otherwise that is not an integral part of
the building’s structure, e.g., table top
equipment, portable air conditioners,
etc. Equipment that is an integral part of
the building such as fume hoods, HVAC
equipment, built-in autoclave, etc., is
allowable.
4. Furniture other than fixed
laboratory casework.
5. Interior decorating.
6. Landscaping or other
improvements exterior to the footprint
of the building, unless required for its
operation.
7. Purchase of land.
8. Relocation expenses.
9. Safety equipment items, e.g., fire
extinguishers, first-aid kits, etc. Built-in
safety items, e.g., eye wash stations or
chemical showers, however, are fixed
items and are allowable.
10. Storage costs.
11. Telephone and/or network
equipment, e.g., servers, storage, racks,
etc., however, IT and telephone cabling
and wiring installed during construction
is allowable.
12. Training, unless related to
regulatory compliance for construction.
Funding Availability. Up to $50
million is available for new grants for
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the FY 2010 competition. NIST
anticipates funding three to five projects
with Federal shares in the $10 million—
$15 million range with a project period
of performance of up to five (5) years,
although there is an expectation that
most of the projects will be completed
prior to five years. The anticipated start
date will be one month after the award
is made. The period of performance
depends on the construction schedule
proposed.
Eligibility Criteria. U.S. institutions of
higher education and non-profit
organizations are eligible to apply.
Restrictions on Submission of Letters of
Intent and Full Proposals and on
Proposal Funding
Each applicant organization may
submit only two Letters of Intent (form
NIST–1102), in response to this
solicitation, and two corresponding full
proposals. If more than two Letters of
Intent are received from the same
applicant organization, NIST will
acknowledge receipt of each and
provide notice that if more than two full
proposals are received from the same
applicant organization at the time of full
proposal submission, all full proposals
from that same applicant organization
will be rejected and returned without
review. A full proposal may not be
submitted unless NIST has received the
required Letter of Intent by the deadline
and the applicant has received an
acknowledgement letter from NIST. If a
full proposal is submitted to NIST from
an applicant who did not submit the
required Letter of Intent for their full
proposal, the full proposal will be
rejected and returned to the applicant
without review. Although each
applicant organization may submit two
full proposals, only one full proposal
project from each applicant organization
may be funded.
Institutions of Higher Education
Status as Single or Multiple Applicants:
Large, multi-campus academic systems
usually have distinct campuses with
their own chancellors, student
admissions, and separate research or
research training activities. Such a
campus, which exists as a separate
university, with its own student
programs and degrees, qualifies as a
separate entity for the purpose of
submitting a Letter of Intent and
corresponding full proposal.
If a university includes multiple
colleges of study, whether located in the
institution’s main campus or located
some miles from the main university
campus on a physically distinct
campus, they are not considered
separate entities. Campuses in a multicampus situation may submit
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independent proposals if they are part
of a multi-campus system, such as a
state university system or state
community college system, and have
independent administrative structures
typical of universities or community
colleges. Campuses headed by
Department Heads, Deans, Center
Directors or other administrators at
similar levels are not eligible to submit
an independent proposal.
If a university established a Research
Foundation specifically to promote,
encourage and provide assistance to the
research activities of the university, and
the Research Foundation is a separate
non-profit science research
organization, is incorporated under
State laws and regulations, and is led by
a separate governing board and
committees, it still supports the
activities of the university and cannot
be considered an organization with
interests distinct from the university. It
has no students or faculty of its own,
separate from the university.
Accordingly, research proposals
submitted by the Research Foundation
will count toward the institutional
proposal limit.
Use of NIST–1102, Letter of Intent. A
‘‘letter of intent’’ may only be submitted
using the mandatory form NIST–1102,
Letter of Intent. If a ‘‘letter of intent’’ is
submitted in other than the required
form NIST–1102, Letter of Intent, the
applicant will NOT be eligible to submit
a corresponding full proposal.
Additionally, failure to provide all
required information on the NIST–1102,
Letter of Intent, may result in the
applicant being ineligible to submit a
corresponding full proposal.
Cost Sharing Requirements. This
program requires a cost share of at least
20 percent of the yearly total project
costs.
Evaluation Criteria. The evaluation
criteria that will be used in evaluating
proposals are as follows:
1. Scientific and technical merit of the
proposed use of the facility and the
need for Federal funding (50 percent).
This criterion addresses the
intellectual merit and broader impacts
of the proposed use of the facility; the
strategic research directions planned
with the facility and how well the plan
is conceived and organized; what the
facility will enable in terms of the
advancement of knowledge and
understanding within a specific field(s)
or across different fields; the
qualifications of the proposed key
researchers (individuals or teams)
which will use the facility, as well as
the management team that will lead
them; the potential for targeted impacts
resulting from the use of the facility that
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are unlikely to be achieved with the
current infrastructure, such as what
transformative or creative concepts may
expand the science and technology
knowledge base; the extent to which the
facility will enhance collaborations
within and outside of the institution;
and the need for Federal funding due to
a lack of alternative funding sources,
specifically what other sources were
pursued.
2. The quality of the design of the
research science building (25 percent).
This criterion addresses the quality of
the design information provided for the
building/facility to establish that the
design has the ability to meet the safety,
physical, environmental, experimental/
research (e.g. unique environmental
controls—vibration, humidity
temperature etc.), and operational (e.g.
utilities and circulation of people)
requirements of the science and
technology activities the building/
facility is expected to support. It also
addresses whether or not preliminary
drawings and plans, together with
appropriate estimates, of in-house or
vendor costs, are complete, in progress,
or planned. Furthermore, it addresses
the rationale for and summary
specifications of the building/facility,
including location, size, configuration,
environmental controls for research
space, utility needs, gross and/or
assignable square footage, assignments
of square footage to research and nonresearch related activities (e.g., routine
administrative office space, conference
rooms, classrooms, etc.), and the
assigned purpose by areas. Finally, this
criterion addresses the incorporation of
green/sustainable design features in the
project.
3. Adequacy of the detailed Project
Management Plan (PMP) for
construction of the research science
building/facility (25 percent). The
program will evaluate the following four
aspects of the PMP, which do not vary
in importance:
cycle to identify and monitor project
progress, as well as link and track work
packages and subtasks to the budget and
schedule plans addressed in c.(2) below.
In addition, this criterion addresses
which work packages are proposed to be
within, before, or after the project
period. The project period covers only
the Federal and the allowable auditable
cost sharing portion of the project.
a. Project Scope and Requirements
This aspect of the PMP addresses the
description and organization of project
work packages (project tasks/elements)
in a clear and complete Work/task
Breakdown Structure (WBS) approach
that comprises the total scope of the
building/facility project from inception
through commissioning of the facility,
including descriptions of each work
package and its associated subtasks, the
relationship between the work packages
and their associated subtasks,
consolidated into a unified project
scope description that will be used by
project management key personnel
throughout the project management life-
d. Soundness of the Financial
Commitments To Implement the PMP
This aspect of the PMP addresses the
current and any pending commitments
required for the building/facility to be
constructed, commissioned and become
fully operational, including any risk(s)
associated with finalizing funding
commitments and the organizational
name/contact that has the fiduciary
authority over the funding
commitments.
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b. Adequacy of the Proposed Project
Time Schedule and Linkage to the
Budget, Including the Clarity of the
Budget and the Budget Narrative
This aspect of the PMP addresses the
time schedule for implementing the
work packages and associated subtasks
described within the WBS addressed in
c.(1) above, and how the budget costs
associated with the work packages
correctly sum up to each of the cost
categories of the SF–424C by project
year.
c. Capability To Manage the Project
This aspect of the PMP addresses the
approach planned for project
management monitoring and risk
control during the life of the award,
from kick-off through close-out, which
may include tools, techniques and
processes (manual and automated
systems). It also addresses an analysis of
potential project risks (e.g. timing, cost
and/or scope changes), where in the
schedule risk(s) may be expected, and
how the risk(s) may be mitigated
through specific control mechanisms,
and the planning/control decision
making process to implement the
control mechanisms. Finally, it
addresses the management plan for
direction and implementation of the
project, including capability
descriptions of the performing
organizations and experience
summaries for the manager with
fiduciary project responsibility, the
project manager, and other key project
personnel as appropriate.
Selection Process
1. Letter of Intent—Form NIST–1102.
An initial administrative review of
timely received letters of intent will be
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conducted to determine compliance
with requirements and completeness.
NIST will send an acknowledgement
letter to all applicants who timely
submit a Letter of Intent with results of
the review. It is expected that the Letter
of Intent will be reviewed for eligibility
of the proposed applicant and proposed
project, and whether or not the
scientific research to be performed in
the building/facility will complement
one or more programs of DoC’s three
science organizations’ Program
Priorities. (See section V.3. Program
Priorities of the FFO announcement.)
2. Full Proposal. An initial
administrative review of timely received
full proposals will be conducted to
determine compliance with
requirements and completeness.
Proposals that are nonresponsive and/or
incomplete will be eliminated. Each of
the responsive and complete proposals
will receive a minimum of three
independent reviews, which will
include written evaluations and scores,
based on the evaluation criteria.
Reviews addressing evaluation criteria 2
and 3 above may be performed by nonFederal Engineers or Architects. No
consensus advice will be given by the
reviewers. Failure of an applicant to
cooperate with NIST in identifying
feasible measures to reduce or avoid
identified adverse environmental
impacts of its proposed project may
result in the applicant not receiving an
award. (See National Environmental
Policy Act section below for more
information.)
The individual proposal evaluations
and scores will be considered by an
Evaluation Board(s), a committee
comprised of Federal employees. This
Board(s) will present proposals in
numerical rank order and provide
funding recommendations, based on the
evaluation criteria, to a Selecting
Official for further consideration. In
making final selections, the Selecting
Official, who is the Chief Facilities
Management Officer at NIST, will select
funding recipients based upon the
Evaluation Board’s rank order of the
proposals and the selection factors. The
selection of proposals by the Selecting
Official is final and cannot be appealed.
NIST reserves the right to negotiate
the cost and scope of the proposed work
with the applicants that have been
selected to receive awards. This may
include requesting that the applicant
delete from the scope of work a
particular task that is deemed by NIST
to be inappropriate for support (or of a
lower priority compared with
competing uses of funds) against the
evaluation criteria or selection factors.
NIST also reserves the right to reject a
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proposal where information is
uncovered that raises a reasonable doubt
as to the responsibility of the applicant.
The final approval of selected proposals
and award of grants will be made by the
NIST Grants Officer. The award
decision of the NIST Grants Officer is
final and cannot be appealed.
Applicants may not submit
replacement and/or revised pages and/
or documents for any portion of a
proposal once that portion has been
submitted unless specifically requested
by NIST.
One copy of each incomplete,
nonresponsive, or non-selected proposal
will be retained for three (3) years for
record keeping purposes and the other
two (2) copies will be destroyed. After
three (3) years the remaining copy will
be destroyed.
Selection Factors
The Selecting Official shall
recommend proposals for award based
upon the Evaluation Board’s rank order
of the proposals, and may select a
proposal out of rank based on one or
more of the following selecting factors:
1. Assuring a balance/distribution of
projects across the program priorities
(see FFO section V.3. Program
Priorities).
2. Availability of Federal funds.
3. Whether this project duplicates
other projects funded by DoC or other
Federal agencies.
4. Applicant’s prior Federal award
performance.
5. Assuring a balance/distribution of
funds across regional/geographic areas.
6. Whether the applicant has received
previous funding under the NIST
Construction Grant Program.
As noted above, no more than one full
proposal per applicant organization will
be funded.
Program Priorities
All applicable fields of science that
complement one or more programs of
DoC’s three science organizations: NIST,
the National Oceanic and Atmospheric
Administration (NOAA), and the
National Telecommunication and
Information Administration (NTIA).
Specifically, these include science
related to measurements, oceans and
atmosphere, and telecommunications.
More information about those programs
can be found on the agencies’ Web sites
(https://www.nist.gov, https://
www.noaa.gov, and https://
www.ntia.doc.gov).
Proposals are only required to link to
the program priorities of one of the three
DoC science organizations. Proposals
that address program priorities of more
than one organization are not
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considered to be more competitive
based on that fact alone.
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 determined to be
not significant under Executive Order
12866.
Paperwork Reduction Act.
Notwithstanding any other provision of
the law, no person is required to, nor
shall any person be subject to a 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–1101, NIST
Construction Grant Program Budget
Narrative, NIST–1101A, NIST
Construction Grant Program Budget
Narrative, and NIST–1102, Letter of
Intent Construction Grant Program, have
been approved under OMB Control No.
0693–0055; CD–593, U.S. Department of
Commerce National Environmental
Policy Act (NEPA) Environmental
Questionnaire & Checklist has been
approved under OMB Control No. 0690–
0028; and SF–424, Application for
Federal Assistance, SF–424C, Budget
Information—Construction Programs,
SF–424D, Assurances—Construction
Programs, and SF–LLL, Disclosure of
Lobbying Activities, have been
approved by OMB under the respective
control numbers 4040–0004, 4040–0008,
4040–0009, and 0348–0046.
Title, Encumbrances, and Security
Interest. Prior to disbursement of any
funds under the award, the recipient
will be required to furnish evidence,
satisfactory in form and substance to
NIST that title to real property is vested
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in the Recipient, and that it has
obtained any rights-of-way, easements,
State and local government permits,
long-term leases, or other property
interests. The Recipient will also be
required to disclose all encumbrances to
NIST, which shall not interfere with the
construction, intended use, operation,
or maintenance of the project during its
estimated useful life.
In addition, grant recipients will be
required to execute a security interest or
other statement of NIST’s interest in the
property (building), acceptable to NIST,
which must be perfected and placed on
record in accordance with local law.
This security interest will provide that,
for the estimated useful life of the
building (20 years), the recipient will
not sell, transfer, convey, or mortgage
any interest in the real property
improved in whole or in part with
Federal funds made available under the
award, nor shall the recipient use the
property for purposes other than the
purposes for which the award was
made, without the prior written
approval of the Grants Officer. Such
approval may be withheld until such
time as the recipient first pays to NIST
the Federal share of the property as
provided in 15 CFR Part 14. No funds
under the award shall be released until
the recipient has complied with this
provision, unless other arrangements
satisfactory to NIST are made.
DoC Pre-Award Notification
Requirements. The Department of
Commerce Pre-Award Notification
Requirements for Grants and
Cooperative Agreements, which are
contained in the Federal Register Notice
of February 11, 2008 (73 FR 7696–01),
are applicable to this solicitation.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Employer/Taxpayer Identification
Number and Dun and Bradstreet Data
Universal Numbering System
On the form SF–424 items 8.b. and
8.c., the applicant’s 9-digit Employer/
Taxpayer Identification Number (EIN/
TIN) and 9-digit Dun and Bradstreet
Data Universal Numbering System
(DUNS) number must be consistent with
the information on the Central
Contractor Registration (CCR) (https://
www.ccr.gov) and Automated Standard
Application for Payment System
(ASAP). For complex organizations with
multiple EIN/TIN and DUNS numbers,
the EIN/TIN and DUNS number MUST
be the numbers for the applying
organization. Organizations that provide
incorrect/inconsistent EIN/TIN and
DUNS numbers may experience
significant delays in receiving funds if
their proposal is selected for funding.
Please confirm that the EIN/TIN and
VerDate Nov<24>2008
15:07 Mar 01, 2010
Jkt 220001
DUNS number are consistent with the
information on the CCR and ASAP.
National Environmental Policy Act.
The Department must analyze the
potential environmental impacts, as
required by the National Environmental
Policy Act (NEPA). General information
on compliance with NEPA can be found
at the following Web sites: https://
www.nepa.noaa.gov, and the Council on
Environmental Quality’s (CEQ)
NEPAnet, https://ceq.hss.doe.gov/nepa/
nepanet.htm.
Consequently, as part of an
applicant’s proposal, and under their
description of their program activities,
applicants are required to provide
detailed information on the activities to
be conducted, safety concerns,
locations, site characteristics,
surrounding environment, species and
habitat that might be affected,
construction activities, and any
environmental concerns that may exist
(e.g., the use and disposal of hazardous
or toxic chemicals, impacts to
endangered and threatened species, or
any social, economic or cultural impacts
to the surrounding environment) and in
accordance with the required CD–593,
U.S. Department of Commerce National
Environmental Policy Act (NEPA)
Environmental Questionnaire &
Checklist.
It is the applicant’s responsibility to
obtain all necessary Federal, state, and
local government permits and approvals
where necessary for the proposed work
to be conducted. Applicants are
expected to design their projects so that
they minimize the potential for adverse
impacts to the environment. Applicants
will also be required to cooperate with
the Department in identifying feasible
measures to reduce or avoid any
identified adverse environmental
impacts of their proposed project. The
failure to do so may be grounds for not
making an award to the applicant or
enforcement action if an award is
eventually made.
Documentation of requests/
completion of required environmental
authorizations and permits, including
the Endangered Species Act, if
applicable, should be included in the
proposal. Applications will be reviewed
to ensure that they contain sufficient
information to allow Department staff to
conduct a NEPA analysis so that
appropriate NEPA documentation,
required as part of the proposal, can be
submitted to the NIST Grants and
Agreements Management Division along
with the recommendation for funding
for selected applications.
Applicants proposing activities that
cannot be covered by a Program
Environmental Assessment (PEA) and
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Finding of No Significant Impact
(FONSI) or whose activities are not
covered under another agency’s NEPA
compliance procedures that can be
analyzed and adopted for use by the
Department, will be informed after the
technical review stage to determine if
NEPA compliance and other
requirements can otherwise be
expeditiously met so that a project can
proceed in a timely manner. If an award
is made, no funds shall be expended for
construction activities under the award
until NIST determines compliance with
NEPA.
If additional information is required
during the period of the award, funds
can be withheld by the Grants Officer
under a special award condition
requiring the recipient to submit
additional environmental law
compliance information sufficient to
enable the Department to assess any
impacts that a project may have on the
environment.
Reporting. Award Recipients shall
provide access to information that is
required to assess the project’s progress
throughout the project life cycle. The
following reports are required:
1. Technical Performance Reports.
Award Recipients shall submit a
technical performance report in
triplicate (an original and two copies)
on a calendar quarter basis for the
periods ending March 31, June 30,
September 30, and December 31, or any
portion thereof. Reports are due no later
than 30 days following the end of each
reporting period. A final technical
performance report shall be submitted
within 90 days after the expiration date
of the award. Two copies of the
technical performance reports shall be
submitted to the Project Manager and
the original report to the NIST Grants
Officer. Technical performance reports
shall contain information as prescribed
in 15 CFR 14.51.
2. Financial Reports. For recipients
under this program, Article A.01 of the
DoC Financial Assistance Standard
Terms and Conditions dated March
2008 is revised as follows:
Award Recipients shall submit a
Federal Financial Report (SF–425) in
triplicate (an original and two copies)
on a calendar quarter basis for the
periods ending March 31, June 30,
September 30, and December 31, or any
portion thereof. Reports are due no later
than 30 days following the end of each
reporting period. A final SF–425 shall
be submitted within 90 days after the
expiration date of the award. All SF–
425s shall be submitted to the NIST
Grants Officer.
Reporting requirements are described
in the Department of Commerce
E:\FR\FM\02MRN1.SGM
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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices
Financial Assistance Standard Terms
and Conditions dated March, 2008,
found on the Internet at: https://
oamweb.osec.doc.gov/docs/GRANTS/
DOC%20STCsMAR08Rev.pdf.
The references to Financial Reporting
Form SF–269 in the DoC Standard
Terms & Conditions, A.01 and B.01, are
hereby replaced with the SF–425,
‘‘Federal Financial Report,’’ as required
by the Office of Management and
Budget (OMB) (73 FR 61175, October
15, 2008). As authorized under 15 CFR
14.52 and 24.41, the OMB approved SF–
425 shall be used in the place of the SF–
269 and SF–272 under the uniform
administrative requirements and
elsewhere under awards in this program
where such forms are referenced.
Dated: February 24, 2010.
Marc G. Stanley,
Acting Deputy Director.
[FR Doc. 2010–4286 Filed 3–1–10; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
[C–570–921]
Lightweight Thermal Paper From the
People’s Republic of China:
Rescission of Countervailing Duty
Administrative Review
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 2, 2010.
FOR FURTHER INFORMATION CONTACT:
David Neubacher, AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–5823.
SUPPLEMENTARY INFORMATION:
Background
On November 2, 2009, the Department
of Commerce (‘‘the Department’’)
published a notice announcing the
opportunity to request an administrative
review of the countervailing duty order
on lightweight thermal paper from the
People’s Republic of China for the
period November 20, 2008 through
December 31, 2008. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 74
FR 56573 (November 2, 2009). On
November 30, 2009, in accordance with
19 CFR 351.213(b), the Department
received a timely request from Appleton
Papers, Inc., the petitioner, to conduct
17:19 Mar 01, 2010
Jkt 220001
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. On January 26,
2010, the petitioner withdrew its
request for review within the 90-day
period, and no other party requested a
review. Therefore, pursuant to 19 CFR
351.213(d)(1), the Department is
rescinding this administrative review.
Assessment
International Trade Administration
VerDate Nov<24>2008
an administrative review of Guandong
Guanhao High–Tech Co., Ltd.
On December 23, 2009, the
Department published a notice of
initiation of a countervailing duty
administrative review of Guandong
Guanhao High–Tech Co., Ltd. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 74 FR 68229 (December 23, 2009).
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess countervailing duties at the
cash deposit rate in effect on the date of
entry, for entries during the period
November 20, 2008, through December
31, 2008. The Department intends to
issue appropriate assessment
instructions to CBP 15 days after
publication of this notice of rescission
of administrative review.
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: February 24, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–4282 Filed 3–1–10; 8:45 am]
BILLING CODE 3510–DS–S
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9397
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XU76
Fisheries of the South Atlantic and the
Gulf of Mexico; Southeastern Data,
Assessment, and Review (SEDAR);
Spiny Lobster
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR Webinars and
Workshop for South Atlantic and Gulf
of Mexico spiny lobster.
SUMMARY: The SEDAR update of the
assessment of the South Atlantic and
Gulf of Mexico stock of spiny lobster
will consist of a series of webinars and
an Update Workshop. This assessment
will update the stock assessment
conducted under SEDAR 8. See
SUPPLEMENTARY INFORMATION.
DATES: A Data Webinar will occur on
March 23, 2010. Assessment Update
Webinars will occur on June 22, July 13,
and July 27, 2010. The Update
Workshop will take place during August
23–25, 2010, and a follow-up webinar
will occur on September 8, 2010. The
Update Workshop location will be
noticed at a later time. See
SUPPLEMENTARY INFORMATION.
ADDRESSES: The Webinars may be
attended by the public. Those interested
in participating should contact Dale
Theiling at SEDAR. See FOR FURTHER
INFORMATION CONTACT to request an
invitation providing webinar access
information.
FOR FURTHER INFORMATION CONTACT: Dale
Theiling, SEDAR Coordinator, 4055
Faber Place Drive, Suite 201, North
Charleston, SC 29405; telephone: (843)
571–4366; email:
dale.theiling@safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. A full benchmark
assessment conducted under SEDAR
includes three workshops: (1) Data
Workshop, (2) Stock Assessment
Workshop Process and (3) Review
Workshop. The product of the Data
Workshop is a data report which
compiles and evaluates potential
E:\FR\FM\02MRN1.SGM
02MRN1
Agencies
[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Notices]
[Pages 9392-9397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4286]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
RIN 0693-ZA95
[Docket No.: 100201057-0059-01]
National Institute of Standards and Technology Construction Grant
Program
AGENCY: National Institute of Standards and Technology (NIST),
Department of Commerce.
ACTION: Notice of availability of funds.
-----------------------------------------------------------------------
SUMMARY: The National Institute of Standards and Technology (NIST)
announces that it is holding a competition for the NIST Construction
Grant Program, and is soliciting proposals for financial assistance for
FY 2010. The goals and objectives of the program are to provide
competitively awarded grant funds for research science buildings
through the construction of new buildings or expansion of existing
buildings.
DATES: A Letter of Intent (Form NIST-1102) is required and must be
received no later than 3 p.m. Eastern Time, Monday, March 29, 2010. The
corresponding full proposal must be received no later than 3 p.m.
Eastern Time, Monday, April 26, 2010. Review, selection, and grant
award processing is expected to be completed in September 2010.
ADDRESSES: Letters of Intent may only be submitted by paper to:
National Institute of Standards and Technology; Construction Grant
Program; 100 Bureau Drive, Stop 4701; Gaithersburg, MD 20899-4701;
Attn: Anneke Tingle--301-975-5060. The corresponding full proposals may
be submitted by paper or electronically. Paper Submissions: National
Institute of Standards and Technology; Construction Grant Program; 100
Bureau Drive, Stop 4701; Gaithersburg, MD 20899-4701; Attn: Anneke
Tingle--301-975-5060. Electronic submissions: 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)
[[Page 9393]]
announcement for this request for proposals contains detailed
information and requirements for the program. Applicants are strongly
encouraged to read the FFO announcement in developing proposals. The
full FFO announcement is available at https://www.grants.gov and on the
NIST Web site at https://www.nist.gov/director/ncgp/.
Statutory Authority. The statutory authority for this program is
the Omnibus Appropriations Act, 2009 (Pub. L. 111-8) and Consolidated
Appropriations Act, 2010 (Pub. L. 111-117).
CFDA. 11.618, NIST Construction Grant Program.
Program Description. The Omnibus Appropriations Act, 2009 (Pub. L.
111-8) appropriated $30 million to NIST ``for a competitive
construction grant program for research science buildings. Additional
information on the program provided in an Explanatory Statement
published in the Congressional Record (which serves as the Conference
Report) indicates that Congress intended to provide NIST $30,000,000
for competitive construction grants for research science buildings.
(See 155 Cong. Rec. H1735 (daily ed. Feb. 23, 2009).) The statement
also indicates that ``grants shall be awarded to colleges,
universities, and non-profit science research organizations on a merit
basis. Additionally, the Consolidated Appropriations Act, 2010 (Pub. L.
111-117) appropriated an additional $20 million to NIST for a
competitive construction grant program for research science buildings.
Pursuant to the statutory authorities cited above and in
consideration of the legislative history, NIST publishes this notice to
set forth the program goals and objectives, and to solicit Letters of
Intent and full proposals for the NIST Construction Grant Program. The
goals and objectives of the program are to provide competitively
awarded grant funds for research science buildings through the
construction of new buildings or expansion of existing buildings. For
purposes of this program, ``research science building'' means a
building or facility whose purpose is for the conduct of scientific
research, including laboratories, test facilities, measurement
facilities, research computing facilities, and observatories. In
addition, ``expansion of existing buildings'' means that space to
conduct scientific research is being expanded from what is currently
available for the supported research activities. NIST seeks proposals
that successfully address the evaluation criteria below.
Unallowable/Ineligible Projects
The following projects are unallowable/ineligible under this
program:
1. Projects to construct or expand a building not intended for
performing research or that will predominately be equipped with routine
office equipment and/or lecture/class room furnishings.
2. Projects to construct facilities that will primarily benefit
undergraduate research training programs, rather than the creation of
new graduate level research programs, or expanding existing graduate
level research programs.
3. Projects to construct facilities that will primarily benefit the
education of the general public rather than support research
activities.
4. Projects that include tasks for constructing shell space that
will not be completed into research space within the grant will have
these tasks removed.
Unallowable/Ineligible Costs
The following items, regardless of whether they are allowable under
the Federal cost principles, are unallowable under this program and may
not be used as cost sharing:
1. Ancillary Structures, rights-of-way surveys, appraisals, etc.
2. Costs or charges associated with routine maintenance, or
operation of the facility.
3. Equipment used for research or otherwise that is not an integral
part of the building's structure, e.g., table top equipment, portable
air conditioners, etc. Equipment that is an integral part of the
building such as fume hoods, HVAC equipment, built-in autoclave, etc.,
is allowable.
4. Furniture other than fixed laboratory casework.
5. Interior decorating.
6. Landscaping or other improvements exterior to the footprint of
the building, unless required for its operation.
7. Purchase of land.
8. Relocation expenses.
9. Safety equipment items, e.g., fire extinguishers, first-aid
kits, etc. Built-in safety items, e.g., eye wash stations or chemical
showers, however, are fixed items and are allowable.
10. Storage costs.
11. Telephone and/or network equipment, e.g., servers, storage,
racks, etc., however, IT and telephone cabling and wiring installed
during construction is allowable.
12. Training, unless related to regulatory compliance for
construction.
Funding Availability. Up to $50 million is available for new grants
for the FY 2010 competition. NIST anticipates funding three to five
projects with Federal shares in the $10 million--$15 million range with
a project period of performance of up to five (5) years, although there
is an expectation that most of the projects will be completed prior to
five years. The anticipated start date will be one month after the
award is made. The period of performance depends on the construction
schedule proposed.
Eligibility Criteria. U.S. institutions of higher education and
non-profit organizations are eligible to apply.
Restrictions on Submission of Letters of Intent and Full Proposals and
on Proposal Funding
Each applicant organization may submit only two Letters of Intent
(form NIST-1102), in response to this solicitation, and two
corresponding full proposals. If more than two Letters of Intent are
received from the same applicant organization, NIST will acknowledge
receipt of each and provide notice that if more than two full proposals
are received from the same applicant organization at the time of full
proposal submission, all full proposals from that same applicant
organization will be rejected and returned without review. A full
proposal may not be submitted unless NIST has received the required
Letter of Intent by the deadline and the applicant has received an
acknowledgement letter from NIST. If a full proposal is submitted to
NIST from an applicant who did not submit the required Letter of Intent
for their full proposal, the full proposal will be rejected and
returned to the applicant without review. Although each applicant
organization may submit two full proposals, only one full proposal
project from each applicant organization may be funded.
Institutions of Higher Education Status as Single or Multiple
Applicants: Large, multi-campus academic systems usually have distinct
campuses with their own chancellors, student admissions, and separate
research or research training activities. Such a campus, which exists
as a separate university, with its own student programs and degrees,
qualifies as a separate entity for the purpose of submitting a Letter
of Intent and corresponding full proposal.
If a university includes multiple colleges of study, whether
located in the institution's main campus or located some miles from the
main university campus on a physically distinct campus, they are not
considered separate entities. Campuses in a multi-campus situation may
submit
[[Page 9394]]
independent proposals if they are part of a multi-campus system, such
as a state university system or state community college system, and
have independent administrative structures typical of universities or
community colleges. Campuses headed by Department Heads, Deans, Center
Directors or other administrators at similar levels are not eligible to
submit an independent proposal.
If a university established a Research Foundation specifically to
promote, encourage and provide assistance to the research activities of
the university, and the Research Foundation is a separate non-profit
science research organization, is incorporated under State laws and
regulations, and is led by a separate governing board and committees,
it still supports the activities of the university and cannot be
considered an organization with interests distinct from the university.
It has no students or faculty of its own, separate from the university.
Accordingly, research proposals submitted by the Research Foundation
will count toward the institutional proposal limit.
Use of NIST-1102, Letter of Intent. A ``letter of intent'' may only
be submitted using the mandatory form NIST-1102, Letter of Intent. If a
``letter of intent'' is submitted in other than the required form NIST-
1102, Letter of Intent, the applicant will NOT be eligible to submit a
corresponding full proposal. Additionally, failure to provide all
required information on the NIST-1102, Letter of Intent, may result in
the applicant being ineligible to submit a corresponding full proposal.
Cost Sharing Requirements. This program requires a cost share of at
least 20 percent of the yearly total project costs.
Evaluation Criteria. The evaluation criteria that will be used in
evaluating proposals are as follows:
1. Scientific and technical merit of the proposed use of the
facility and the need for Federal funding (50 percent).
This criterion addresses the intellectual merit and broader impacts
of the proposed use of the facility; the strategic research directions
planned with the facility and how well the plan is conceived and
organized; what the facility will enable in terms of the advancement of
knowledge and understanding within a specific field(s) or across
different fields; the qualifications of the proposed key researchers
(individuals or teams) which will use the facility, as well as the
management team that will lead them; the potential for targeted impacts
resulting from the use of the facility that are unlikely to be achieved
with the current infrastructure, such as what transformative or
creative concepts may expand the science and technology knowledge base;
the extent to which the facility will enhance collaborations within and
outside of the institution; and the need for Federal funding due to a
lack of alternative funding sources, specifically what other sources
were pursued.
2. The quality of the design of the research science building (25
percent).
This criterion addresses the quality of the design information
provided for the building/facility to establish that the design has the
ability to meet the safety, physical, environmental, experimental/
research (e.g. unique environmental controls--vibration, humidity
temperature etc.), and operational (e.g. utilities and circulation of
people) requirements of the science and technology activities the
building/facility is expected to support. It also addresses whether or
not preliminary drawings and plans, together with appropriate
estimates, of in-house or vendor costs, are complete, in progress, or
planned. Furthermore, it addresses the rationale for and summary
specifications of the building/facility, including location, size,
configuration, environmental controls for research space, utility
needs, gross and/or assignable square footage, assignments of square
footage to research and non-research related activities (e.g., routine
administrative office space, conference rooms, classrooms, etc.), and
the assigned purpose by areas. Finally, this criterion addresses the
incorporation of green/sustainable design features in the project.
3. Adequacy of the detailed Project Management Plan (PMP) for
construction of the research science building/facility (25 percent).
The program will evaluate the following four aspects of the PMP, which
do not vary in importance:
a. Project Scope and Requirements
This aspect of the PMP addresses the description and organization
of project work packages (project tasks/elements) in a clear and
complete Work/task Breakdown Structure (WBS) approach that comprises
the total scope of the building/facility project from inception through
commissioning of the facility, including descriptions of each work
package and its associated subtasks, the relationship between the work
packages and their associated subtasks, consolidated into a unified
project scope description that will be used by project management key
personnel throughout the project management life-cycle to identify and
monitor project progress, as well as link and track work packages and
subtasks to the budget and schedule plans addressed in c.(2) below. In
addition, this criterion addresses which work packages are proposed to
be within, before, or after the project period. The project period
covers only the Federal and the allowable auditable cost sharing
portion of the project.
b. Adequacy of the Proposed Project Time Schedule and Linkage to the
Budget, Including the Clarity of the Budget and the Budget Narrative
This aspect of the PMP addresses the time schedule for implementing
the work packages and associated subtasks described within the WBS
addressed in c.(1) above, and how the budget costs associated with the
work packages correctly sum up to each of the cost categories of the
SF-424C by project year.
c. Capability To Manage the Project
This aspect of the PMP addresses the approach planned for project
management monitoring and risk control during the life of the award,
from kick-off through close-out, which may include tools, techniques
and processes (manual and automated systems). It also addresses an
analysis of potential project risks (e.g. timing, cost and/or scope
changes), where in the schedule risk(s) may be expected, and how the
risk(s) may be mitigated through specific control mechanisms, and the
planning/control decision making process to implement the control
mechanisms. Finally, it addresses the management plan for direction and
implementation of the project, including capability descriptions of the
performing organizations and experience summaries for the manager with
fiduciary project responsibility, the project manager, and other key
project personnel as appropriate.
d. Soundness of the Financial Commitments To Implement the PMP
This aspect of the PMP addresses the current and any pending
commitments required for the building/facility to be constructed,
commissioned and become fully operational, including any risk(s)
associated with finalizing funding commitments and the organizational
name/contact that has the fiduciary authority over the funding
commitments.
Selection Process
1. Letter of Intent--Form NIST-1102. An initial administrative
review of timely received letters of intent will be
[[Page 9395]]
conducted to determine compliance with requirements and completeness.
NIST will send an acknowledgement letter to all applicants who timely
submit a Letter of Intent with results of the review. It is expected
that the Letter of Intent will be reviewed for eligibility of the
proposed applicant and proposed project, and whether or not the
scientific research to be performed in the building/facility will
complement one or more programs of DoC's three science organizations'
Program Priorities. (See section V.3. Program Priorities of the FFO
announcement.)
2. Full Proposal. An initial administrative review of timely
received full proposals will be conducted to determine compliance with
requirements and completeness. Proposals that are nonresponsive and/or
incomplete will be eliminated. Each of the responsive and complete
proposals will receive a minimum of three independent reviews, which
will include written evaluations and scores, based on the evaluation
criteria. Reviews addressing evaluation criteria 2 and 3 above may be
performed by non-Federal Engineers or Architects. No consensus advice
will be given by the reviewers. Failure of an applicant to cooperate
with NIST in identifying feasible measures to reduce or avoid
identified adverse environmental impacts of its proposed project may
result in the applicant not receiving an award. (See National
Environmental Policy Act section below for more information.)
The individual proposal evaluations and scores will be considered
by an Evaluation Board(s), a committee comprised of Federal employees.
This Board(s) will present proposals in numerical rank order and
provide funding recommendations, based on the evaluation criteria, to a
Selecting Official for further consideration. In making final
selections, the Selecting Official, who is the Chief Facilities
Management Officer at NIST, will select funding recipients based upon
the Evaluation Board's rank order of the proposals and the selection
factors. The selection of proposals by the Selecting Official is final
and cannot be appealed.
NIST reserves the right to negotiate the cost and scope of the
proposed work with the applicants that have been selected to receive
awards. This may include requesting that the applicant delete from the
scope of work a particular task that is deemed by NIST to be
inappropriate for support (or of a lower priority compared with
competing uses of funds) against the evaluation criteria or selection
factors. NIST also reserves the right to reject a proposal where
information is uncovered that raises a reasonable doubt as to the
responsibility of the applicant. The final approval of selected
proposals and award of grants will be made by the NIST Grants Officer.
The award decision of the NIST Grants Officer is final and cannot be
appealed.
Applicants may not submit replacement and/or revised pages and/or
documents for any portion of a proposal once that portion has been
submitted unless specifically requested by NIST.
One copy of each incomplete, nonresponsive, or non-selected
proposal will be retained for three (3) years for record keeping
purposes and the other two (2) copies will be destroyed. After three
(3) years the remaining copy will be destroyed.
Selection Factors
The Selecting Official shall recommend proposals for award based
upon the Evaluation Board's rank order of the proposals, and may select
a proposal out of rank based on one or more of the following selecting
factors:
1. Assuring a balance/distribution of projects across the program
priorities (see FFO section V.3. Program Priorities).
2. Availability of Federal funds.
3. Whether this project duplicates other projects funded by DoC or
other Federal agencies.
4. Applicant's prior Federal award performance.
5. Assuring a balance/distribution of funds across regional/
geographic areas.
6. Whether the applicant has received previous funding under the
NIST Construction Grant Program.
As noted above, no more than one full proposal per applicant
organization will be funded.
Program Priorities
All applicable fields of science that complement one or more
programs of DoC's three science organizations: NIST, the National
Oceanic and Atmospheric Administration (NOAA), and the National
Telecommunication and Information Administration (NTIA). Specifically,
these include science related to measurements, oceans and atmosphere,
and telecommunications. More information about those programs can be
found on the agencies' Web sites (https://www.nist.gov, https://www.noaa.gov, and https://www.ntia.doc.gov).
Proposals are only required to link to the program priorities of
one of the three DoC science organizations. Proposals that address
program priorities of more than one organization are not considered to
be more competitive based on that fact alone.
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
determined to be not significant under Executive Order 12866.
Paperwork Reduction Act. Notwithstanding any other provision of the
law, no person is required to, nor shall any person be subject to a
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-1101, NIST Construction Grant Program Budget Narrative, NIST-
1101A, NIST Construction Grant Program Budget Narrative, and NIST-1102,
Letter of Intent Construction Grant Program, have been approved under
OMB Control No. 0693-0055; CD-593, U.S. Department of Commerce National
Environmental Policy Act (NEPA) Environmental Questionnaire & Checklist
has been approved under OMB Control No. 0690-0028; and SF-424,
Application for Federal Assistance, SF-424C, Budget Information--
Construction Programs, SF-424D, Assurances--Construction Programs, and
SF-LLL, Disclosure of Lobbying Activities, have been approved by OMB
under the respective control numbers 4040-0004, 4040-0008, 4040-0009,
and 0348-0046.
Title, Encumbrances, and Security Interest. Prior to disbursement
of any funds under the award, the recipient will be required to furnish
evidence, satisfactory in form and substance to NIST that title to real
property is vested
[[Page 9396]]
in the Recipient, and that it has obtained any rights-of-way,
easements, State and local government permits, long-term leases, or
other property interests. The Recipient will also be required to
disclose all encumbrances to NIST, which shall not interfere with the
construction, intended use, operation, or maintenance of the project
during its estimated useful life.
In addition, grant recipients will be required to execute a
security interest or other statement of NIST's interest in the property
(building), acceptable to NIST, which must be perfected and placed on
record in accordance with local law. This security interest will
provide that, for the estimated useful life of the building (20 years),
the recipient will not sell, transfer, convey, or mortgage any interest
in the real property improved in whole or in part with Federal funds
made available under the award, nor shall the recipient use the
property for purposes other than the purposes for which the award was
made, without the prior written approval of the Grants Officer. Such
approval may be withheld until such time as the recipient first pays to
NIST the Federal share of the property as provided in 15 CFR Part 14.
No funds under the award shall be released until the recipient has
complied with this provision, unless other arrangements satisfactory to
NIST are made.
DoC Pre-Award Notification Requirements. The Department of Commerce
Pre-Award Notification Requirements for Grants and Cooperative
Agreements, which are contained in the Federal Register Notice of
February 11, 2008 (73 FR 7696-01), are applicable to this solicitation.
Employer/Taxpayer Identification Number and Dun and Bradstreet Data
Universal Numbering System
On the form SF-424 items 8.b. and 8.c., the applicant's 9-digit
Employer/Taxpayer Identification Number (EIN/TIN) and 9-digit Dun and
Bradstreet Data Universal Numbering System (DUNS) number must be
consistent with the information on the Central Contractor Registration
(CCR) (https://www.ccr.gov) and Automated Standard Application for
Payment System (ASAP). For complex organizations with multiple EIN/TIN
and DUNS numbers, the EIN/TIN and DUNS number MUST be the numbers for
the applying organization. Organizations that provide incorrect/
inconsistent EIN/TIN and DUNS numbers may experience significant delays
in receiving funds if their proposal is selected for funding. Please
confirm that the EIN/TIN and DUNS number are consistent with the
information on the CCR and ASAP.
National Environmental Policy Act. The Department must analyze the
potential environmental impacts, as required by the National
Environmental Policy Act (NEPA). General information on compliance with
NEPA can be found at the following Web sites: https://www.nepa.noaa.gov,
and the Council on Environmental Quality's (CEQ) NEPAnet, https://ceq.hss.doe.gov/nepa/nepanet.htm.
Consequently, as part of an applicant's proposal, and under their
description of their program activities, applicants are required to
provide detailed information on the activities to be conducted, safety
concerns, locations, site characteristics, surrounding environment,
species and habitat that might be affected, construction activities,
and any environmental concerns that may exist (e.g., the use and
disposal of hazardous or toxic chemicals, impacts to endangered and
threatened species, or any social, economic or cultural impacts to the
surrounding environment) and in accordance with the required CD-593,
U.S. Department of Commerce National Environmental Policy Act (NEPA)
Environmental Questionnaire & Checklist.
It is the applicant's responsibility to obtain all necessary
Federal, state, and local government permits and approvals where
necessary for the proposed work to be conducted. Applicants are
expected to design their projects so that they minimize the potential
for adverse impacts to the environment. Applicants will also be
required to cooperate with the Department in identifying feasible
measures to reduce or avoid any identified adverse environmental
impacts of their proposed project. The failure to do so may be grounds
for not making an award to the applicant or enforcement action if an
award is eventually made.
Documentation of requests/completion of required environmental
authorizations and permits, including the Endangered Species Act, if
applicable, should be included in the proposal. Applications will be
reviewed to ensure that they contain sufficient information to allow
Department staff to conduct a NEPA analysis so that appropriate NEPA
documentation, required as part of the proposal, can be submitted to
the NIST Grants and Agreements Management Division along with the
recommendation for funding for selected applications.
Applicants proposing activities that cannot be covered by a Program
Environmental Assessment (PEA) and Finding of No Significant Impact
(FONSI) or whose activities are not covered under another agency's NEPA
compliance procedures that can be analyzed and adopted for use by the
Department, will be informed after the technical review stage to
determine if NEPA compliance and other requirements can otherwise be
expeditiously met so that a project can proceed in a timely manner. If
an award is made, no funds shall be expended for construction
activities under the award until NIST determines compliance with NEPA.
If additional information is required during the period of the
award, funds can be withheld by the Grants Officer under a special
award condition requiring the recipient to submit additional
environmental law compliance information sufficient to enable the
Department to assess any impacts that a project may have on the
environment.
Reporting. Award Recipients shall provide access to information
that is required to assess the project's progress throughout the
project life cycle. The following reports are required:
1. Technical Performance Reports. Award Recipients shall submit a
technical performance report in triplicate (an original and two copies)
on a calendar quarter basis for the periods ending March 31, June 30,
September 30, and December 31, or any portion thereof. Reports are due
no later than 30 days following the end of each reporting period. A
final technical performance report shall be submitted within 90 days
after the expiration date of the award. Two copies of the technical
performance reports shall be submitted to the Project Manager and the
original report to the NIST Grants Officer. Technical performance
reports shall contain information as prescribed in 15 CFR 14.51.
2. Financial Reports. For recipients under this program, Article
A.01 of the DoC Financial Assistance Standard Terms and Conditions
dated March 2008 is revised as follows:
Award Recipients shall submit a Federal Financial Report (SF-425)
in triplicate (an original and two copies) on a calendar quarter basis
for the periods ending March 31, June 30, September 30, and December
31, or any portion thereof. Reports are due no later than 30 days
following the end of each reporting period. A final SF-425 shall be
submitted within 90 days after the expiration date of the award. All
SF-425s shall be submitted to the NIST Grants Officer.
Reporting requirements are described in the Department of Commerce
[[Page 9397]]
Financial Assistance Standard Terms and Conditions dated March, 2008,
found on the Internet at: https://oamweb.osec.doc.gov/docs/GRANTS/DOC%20STCsMAR08Rev.pdf.
The references to Financial Reporting Form SF-269 in the DoC
Standard Terms & Conditions, A.01 and B.01, are hereby replaced with
the SF-425, ``Federal Financial Report,'' as required by the Office of
Management and Budget (OMB) (73 FR 61175, October 15, 2008). As
authorized under 15 CFR 14.52 and 24.41, the OMB approved SF-425 shall
be used in the place of the SF-269 and SF-272 under the uniform
administrative requirements and elsewhere under awards in this program
where such forms are referenced.
Dated: February 24, 2010.
Marc G. Stanley,
Acting Deputy Director.
[FR Doc. 2010-4286 Filed 3-1-10; 8:45 am]
BILLING CODE 3510-13-P