Office of Special Education and Rehabilitative Services Overview Information; National Institute on Disability and Rehabilitation Research (NIDRR)-Small Business Innovation Research Program (SBIR)-Phase I; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2011, 77624-77629 [2010-31191]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Notices]
[Pages 77624-77629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31191]


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DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services Overview 
Information; National Institute on Disability and Rehabilitation 
Research (NIDRR)--Small Business Innovation Research Program (SBIR)--
Phase I; Notice Inviting Applications for New Awards for Fiscal Year 
(FY) 2011

Catalog of Federal Domestic Assistance (CFDA) Number: 84.133S-1.

    Dates:
    Applications Available: December 13, 2010.
    Deadline for Transmittal of Applications: February 11, 2011.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of this program is to stimulate 
technological innovation in the private sector, strengthen the role of 
small business in meeting Federal research or research and development 
(R/R&D) needs, increase the commercial application of the U.S. 
Department of Education (Department) supported research results, and 
improve the return on investment from Federally funded research for 
economic and social benefits to the Nation.


    Note: This program is in concert with NIDRR's currently approved 
long range plan (the Plan). The Plan is comprehensive and integrates 
many issues relating to disability and rehabilitation research 
topics. The Plan, which was published in the Federal Register on 
February 15, 2006 (71 FR 8165), can be accessed on the Internet at 
the following site: https://www.ed.gov/about/offices/list/osers/nidrr/policy.html.


    Through the implementation of the Plan, NIDRR seeks to: (1) Improve 
the quality and utility of disability and rehabilitation research; (2) 
foster an exchange of expertise, information, and training to 
facilitate the advancement of knowledge and understanding of the unique 
needs of individuals with disabilities from traditionally underserved 
populations; (3) determine best strategies and programs to improve 
rehabilitation outcomes for individuals with disabilities from 
underserved populations; (4) identify research gaps; (5) identify 
mechanisms of integrating research and practice; and (6) disseminate 
findings.

NIDRR Supports Manufacturing-Related Innovation (Executive Order 13329)

    Executive Order 13329 states that continued technological 
innovation is critical to a strong manufacturing sector in the United 
States economy and ensures that Federal agencies assist the private 
sector in its manufacturing innovation efforts. The Department's SBIR 
program encourages innovative research and development (R&D) projects 
that are manufacturing-related, as defined by Executive Order 13329. 
Manufacturing-related R&D encompasses improvements in existing methods 
or processes, or wholly new processes, machines, or systems. The 
projects supported under the Department's SBIR program encompass a 
range of manufacturing-related R&D, including projects leading to the 
manufacture of such items as artificial intelligence or information 
technology devices, software, and systems. For more information on 
Executive Order 13329, please visit the following Web site: https://www.sba.gov/sbir/execorder.html or contact Lynn Medley at: 
lynn.medley@ed.gov.

Background

    The Small Business Reauthorization Act of 2000 (Act) was enacted on 
December 21, 2000. The Act requires certain agencies, including the 
Department, to establish SBIR programs by reserving a statutory 
percentage of their extramural R&D budgets to be awarded to small 
business concerns through a uniform, highly competitive three-phase 
process.
    The three phases of the SBIR program are:
    Phase I: Phase I projects determine, insofar as possible, the 
scientific or technical merit and feasibility of ideas submitted under 
the SBIR program. An application for Phase I should concentrate on 
research that will contribute significantly to proving the scientific 
or technical feasibility of the

[[Page 77625]]

approach or concept. Scientific or technical feasibility is a 
prerequisite to the Department's provision of further support in Phase 
II. Phase I awards are for a period of up to six months in an amount up 
to a maximum total of $75,000.
    Phase II: Phase II projects expand on the results of and further 
pursue the development of Phase I projects. Phase II is the principal 
R/R&D effort of the SBIR program. Applications for Phase II projects 
must be more comprehensive than applications for Phase I projects; 
Phase II applications must outline the proposed effort in detail, 
including the commercial potential of projects or processes developed 
or researched during the Phase I project. Phase II applicants must be 
Phase I grantees with approaches that appear sufficiently promising as 
a result of their efforts in Phase I. Phase II awards are for periods 
of up to two years in amounts up to a maximum total of $500,000 over a 
period of two years.
    Phase III: In Phase III, the small business grantee must use non-
SBIR capital to pursue commercial applications of the R/R&D. Also, 
under Phase III, Federal agencies may award non-SBIR follow-on funding 
for products or processes that meet the needs of those agencies.
    All SBIR projects funded by NIDRR must address the needs of 
individuals with disabilities and their families. (See 29 U.S.C. 762). 
Activities may include: Conducting manufacturing-related R&D that 
encompasses improvements in existing methods or processes, or wholly 
new processes, machines, or systems; exploring the uses of technology 
to ensure equal access to education, employment, community 
environments, and information for individuals with disabilities; and 
improving the quality and utility of disability and rehabilitation 
research.
    Priorities: Under this competition we are particularly interested 
in applications that address one of the following five priorities.
    Invitational Priorities: For FY 2011 these priorities are 
invitational priorities. Under 34 CFR 75.105(c)(1) we do not give an 
application that meets one of these invitational priorities a 
competitive or absolute preference over other applications.
    Each of the following priorities relate to innovative research 
utilizing new technologies to address the needs of individuals with 
disabilities and their families. Applicants who choose to respond to 
one of the invitational priorities must propose projects whose 
activities contribute to one of the following priorities:
    (1) Increased independence of individuals with disabilities in the 
workplace, recreational settings, or educational settings through the 
development of technology to support access and promote integration of 
individuals with disabilities.
    (2) Enhanced sensory or motor function of individuals with 
disabilities through the development of technology to support improved 
functional capacity.
    (3) Enhanced workforce participation through the development of 
technology to support access to employment, promote sustained 
employment, and promote employment advancement for individuals with 
disabilities.
    (4) Enhanced community participation and living for individuals 
with disabilities through the development of accessible information 
technology including Web access technology, software, and other systems 
and devices that promote access to information in educational, 
employment, and community settings, and voting technology that improves 
access for individuals with disabilities.
    (5) Improved interventions and increased use of health-care 
resources through the development of technology to support independent 
access to health-care services in the community for individuals with 
disabilities.
    Applicants should describe the approaches they expect to use to 
collect empirical evidence demonstrating the effectiveness of the 
technology they are proposing. This empirical evidence should 
facilitate the assessment of the efficacy and usefulness of the 
technology.

    Note:  NIDRR encourages applicants to adhere to universal design 
principles and guidelines. The term ``universal design'' is defined 
as ``the design of products and environments to be usable by all 
people, to the greatest extent possible, without the need for 
adaptation or specialized design'' (The Center for Universal Design, 
1997). Universal design of consumer products minimizes or alleviates 
barriers that reduce the ability of individuals with disabilities to 
effectively or safely use standard consumer products. (For more 
information see https://www.trace.wisc.edu/docs/consumer_product_guidelines/consumer.pcs/disabil.htm).


    Program Authority: The Small Business Act, Pub. L. 85-536, as 
amended (15 U.S.C. 631 and 638), and title II of the Rehabilitation 
Act of 1973, as amended (29 U.S.C. 760, et seq.).

    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 81, 82, 84, 
85, and 97.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: The Administration has requested 
$111,919,000 for NIDRR for FY 2011, of which we intend to use an 
estimated $1,125,000 for the SBIR Phase I competition. The actual level 
of funding, if any, depends on final congressional action. However, we 
are inviting applications to allow enough time to complete the grant 
process if Congress appropriates funds for this program.

    Note: The estimated amount of funds available for new Phase I 
awards is based upon the estimated threshold SBIR allocation for 
OSERS, minus prior commitments for Phase II continuation awards.

    Estimated Range of Awards: $70,000-$75,000.
    Estimated Average Size of Awards: $75,000.
    Maximum Award: We will reject any application that proposes a 
budget exceeding $75,000 for a single budget period of up to six 
months. The Assistant Secretary for Special Education and 
Rehabilitative Services may change the maximum amount through a notice 
published in the Federal Register.

    Note: The maximum award amount includes direct and indirect 
costs and fees.

    Estimated Number of Awards: 15.

    Note: The Department is not bound by any estimates in this 
notice.

    Maximum Project Period: We will reject any application that 
proposes a project period that exceeds a single budget period of up to 
six months. The Assistant Secretary for Special Education and 
Rehabilitative Services may change the maximum project period through a 
notice published in the Federal Register.

III. Eligibility Information

    1. Eligible Applicants: Entities that are, at the time of award, 
small business concerns as defined by the Small Business Administration 
(SBA). This definition is included in the application package.
    If it appears that an applicant organization does not meet the 
eligibility requirements, we will request an evaluation by the SBA. 
Under circumstances in which eligibility is unclear, we will not make 
an SBIR award until the SBA makes a determination that the applicant is 
eligible under its definition of small business concern.
    All technology, science, or engineering firms with strong research 
capabilities in any of the priority areas

[[Page 77626]]

listed in this notice are encouraged to participate.
    Consultative or other arrangements between these firms and 
universities or other non-profit organizations are permitted, but the 
small business concern must serve as the grantee. For Phase I projects, 
at least two-thirds of the research and/or analytic activities must be 
performed by the proposing small business concern grantee.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Other: The total of all consultant fees, facility leases or 
usage fees, and other subcontracts or purchase agreements may not 
exceed one-third of the total funding award.

IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an 
application package via the Internet or from the Education Publications 
Center (ED Pubs). To obtain a copy via the Internet, use the following 
address: https://www.ed.gov/fund/grant/apply/grantapps/.
    To obtain a copy from ED Pubs, write, fax, or call the following: 
ED Pubs, U.S. Department of Education, P.O. Box 22207, Alexandria, VA 
22304. Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If 
you use a telecommunications device for the deaf (TDD), call, toll 
free: 1-877-576-7734.
    You can contact ED Pubs at its Web site, also: https://www.EDPubs.gov or at its e-mail address: edpubs@inet.ed.gov.
    If you request an application from ED Pubs, be sure to identify 
this competition as follows: CFDA number 84.133S-1.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or computer diskette) by contacting the person or team listed under 
Accessible Format in section VIII of this notice.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application package for this competition.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria that 
reviewers use to evaluate your application. You must limit the 
application narrative (Part III) to the equivalent of no more than 50 
pages, using the following standards:
     A ``page'' is 8.5 x 11, on one side 
only, with 1 margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The page limit does not apply to Part I, the cover sheet; Part II, 
the budget section, including the narrative budget justification; Part 
IV, the assurances and certifications; or the one-page abstract, the 
resumes, the bibliography, the letters of support; related application 
or award; or documentation of multiple Phase II awards, if applicable. 
However, the page limit does apply to all of the application project 
narrative section (Part III).
    We will reject your application if you exceed the page limit; or if 
you apply other standards and exceed the equivalent of the page limit.
    The application package will provide instructions for completing 
all components to be included in the application. Each application must 
include a cover sheet (Standard Form 424); budget requirements (ED Form 
524) and narrative budget justification; other required forms; an 
abstract, Human Subjects narrative, Part III project narrative; resume 
of staff; and other related materials, if applicable.
    3. Content Restrictions: If an applicant chooses to respond to more 
than one invitational priority, we request that the applicant submit a 
separate application for each priority. There is no limitation on the 
number of different applications that an applicant may submit under 
this competition. An applicant may submit separate applications for 
different priorities or different applications under the same priority.
    Applicants should consult NIDRR's Long-Range Plan when preparing 
their applications. The Plan is organized around the following research 
domains and arenas: (1) Community Living and Participation; (2) Health 
and Function; (3) Technology; (4) Employment; and (5) Demographics. 
Applicants should indicate, for each application, the domain or arena 
under which they are applying. In their applications, applicants should 
clearly indicate whether they are applying for a research grant in the 
area of (1) Community Living and Participation; (2) Health and 
Function; (3) Technology; (4) Employment; or (5) Demographics.
    4. Submission Dates and Times:
    Applications Available: December 13, 2010.
    Deadline for Transmittal of Applications: February 11, 2011.
    Applications for grants under this competition must be submitted 
electronically using the Grants.gov Apply site (Grants.gov). For 
information (including dates and times) about how to submit your 
application electronically, or in paper format by mail or hand delivery 
if you qualify for an exception to the electronic submission 
requirement, please refer to section IV. 8. Other Submission 
Requirements of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT in section VII 
of this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    5. Intergovernmental Review: This program is not subject to 
Executive Order 12372 and the regulations in 34 CFR part 79.
    6. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    7. Data Universal Numbering System Number, Taxpayer Identification 
Number, and Central Contractor Registry: To do business with the 
Department of Education, you must--
    a. Have a Data Universal Numbering System (DUNS) number and a 
Taxpayer Identification Number (TIN);
    b. Register both your DUNS number and TIN with the Central 
Contractor Registry (CCR), the Government's primary registrant 
database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active CCR registration with current information 
while your application is under review by the Department and, if you 
are awarded a grant, during the project period.
    You can obtain a DUNS number from DUN and Bradstreet. A DUNS number 
can be created within one business day.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security

[[Page 77627]]

Administration. If you need a new TIN, please allow 2-5 weeks for your 
TIN to become active.
    The CCR registration process may take five or more business days to 
complete. If you are currently registered with the CCR, you may not 
need to make any changes. However, please make certain that the TIN 
associated with your DUNS number is correct. Also note that you will 
need to update your CCR registration on an annual basis. This may take 
three or more business days to complete.
    In addition, if you are submitting your application via Grants.gov, 
you must (1) be designated by your organization as an Authorized 
Organization Representative (AOR); and (2) register yourself with 
Grants.gov as an AOR. Details on these steps are outlined in the 
Grants.gov 3-Step Registration Guide (see https://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf).
    8. Other Submission Requirements: Applications for grants under 
this competition must be submitted electronically unless you qualify 
for an exception to this requirement in accordance with the 
instructions in this section.
    a. Electronic Submission of Applications.
    Applications for grants under the SBIR Program, CFDA number 
84.133S-1, must be submitted electronically using the Governmentwide 
Grants.gov Apply site at https://www.Grants.gov. Through this site, you 
will be able to download a copy of the application package, complete it 
offline, and then upload and submit your application. You may not e-
mail an electronic copy of a grant application to us.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    You may access the electronic grant application for the SBIR 
Competition at www.Grants.gov. You must search for the downloadable 
application package for this competition by the CFDA number. Do not 
include the CFDA number's alpha suffix in your search (e.g., search for 
84.133, not 84.133S).
    Please note the following:
     When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation.
     Applications received by Grants.gov are date and time 
stamped. Your application must be fully uploaded and submitted and must 
be date and time stamped by the Grants.gov system no later than 4:30:00 
p.m., Washington, DC time, on the application deadline date. Except as 
otherwise noted in this section, we will not accept your application if 
it is received--that is, date and time stamped by the Grants.gov 
system--after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. We do not consider an application that does not comply 
with the deadline requirements. When we retrieve your application from 
Grants.gov, we will notify you if we are rejecting your application 
because it was date and time stamped by the Grants.gov system after 
4:30:00 p.m., Washington, DC time, on the application deadline date.
     The amount of time it can take to upload an application 
will vary depending on a variety of factors, including the size of the 
application and the speed of your Internet connection. Therefore, we 
strongly recommend that you do not wait until the application deadline 
date to begin the submission process through Grants.gov.
     You should review and follow the Education Submission 
Procedures for submitting an application through Grants.gov that are 
included in the application package for this competition to ensure that 
you submit your application in a timely manner to the Grants.gov 
system. You can also find the Education Submission Procedures 
pertaining to Grants.gov under News and Events on the Department's G5 
system homepage at https://www.G5.gov.
     You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you qualify for an exception to the electronic submission 
requirement, as described elsewhere in this section, and submit your 
application in paper format.
     You must submit all documents electronically, including 
all information you typically provide on the following forms: The 
Application for Federal Assistance (SF 424), the Department of 
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and 
certifications.
     You must attach any narrative sections of your application 
as files in a .PDF (Portable Document) format only. If you upload a 
file type other than a .PDF file or submit a password-protected file, 
we will not review that material.
     Your electronic application must comply with any page-
limit requirements described in this notice.
     After you electronically submit your application, you will 
receive from Grants.gov an automatic notification of receipt that 
contains a Grants.gov tracking number. (This notification indicates 
receipt by Grants.gov only, not receipt by the Department.) The 
Department then will retrieve your application from Grants.gov and send 
a second notification to you by e-mail. This second notification 
indicates that the Department has received your application and has 
assigned your application a PR/Award number (an ED-specified 
identifying number unique to your application).
     We may request that you provide us original signatures on 
forms at a later date.
    Application Deadline Date Extension in Case of Technical Issues 
with the Grants.gov System: If you are experiencing problems submitting 
your application through Grants.gov, please contact the Grants.gov 
Support Desk, toll free, at 1-800-518-4726. You must obtain a 
Grants.gov Support Desk Case Number and must keep a record of it.
    If you are prevented from electronically submitting your 
application on the application deadline date because of technical 
problems with the Grants.gov system, we will grant you an extension 
until 4:30:00 p.m., Washington, DC time, the following business day to 
enable you to transmit your application electronically or by hand 
delivery. You also may mail your application by following the mailing 
instructions described elsewhere in this notice.
    If you submit an application after 4:30:00 p.m., Washington, DC 
time, on the application deadline date, please contact the person 
listed under FOR FURTHER INFORMATION CONTACT in section VII of this 
notice and provide an explanation of the technical problem you 
experienced with Grants.gov, along with the Grants.gov Support Desk 
Case Number. We will accept your application if we can confirm that a 
technical problem occurred with the Grants.gov system and that that 
problem affected your ability to submit your application by 4:30:00 
p.m., Washington, DC time, on the application deadline date. The 
Department will contact you after a determination is made on whether 
your application will be accepted.

    Note: The extensions to which we refer in this section apply 
only to the unavailability

[[Page 77628]]

of, or technical problems with, the Grants.gov system. We will not 
grant you an extension if you failed to fully register to submit 
your application to Grants.gov before the application deadline date 
and time or if the technical problem you experienced is unrelated to 
the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through the Grants.gov system because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
the Grants.gov system; and
     No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevent you from using the Internet to submit your application.
    If you mail your written statement to the Department, it must be 
postmarked no later than two weeks before the application deadline 
date. If you fax your written statement to the Department, we must 
receive the faxed statement no later than two weeks before the 
application deadline date.
    Address and mail or fax your statement to: Lynn Medley, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 5140, 
Washington, DC 20202-2700. FAX: (202) 245-7323.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    b. Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. You must mail 
the original and two copies of your application, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.133S-1), LBJ Basement Level 1, 400 Maryland Avenue, 
SW., Washington, DC 20202-4260.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.

    c. Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application by hand, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.133S-1), 550 12th Street, SW., Room 7041, Potomac 
Center Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except 
Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications: If you 
mail or hand deliver your application to the Department--
    (1) You must indicate on the envelope and--if not provided by 
the Department--in Item 11 of the SF 424 the CFDA number, including 
suffix letter, if any, of the competition under which you are 
submitting your application; and
    (2) The Application Control Center will mail to you a 
notification of receipt of your grant application. If you do not 
receive this notification within 15 business days from the 
application deadline date, you should call the U.S. Department of 
Education Application Control Center at (202) 245-6288.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210 of EDGAR and are listed in the application 
package.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, and compliance with grant conditions. The 
Secretary may also consider whether the applicant failed to submit a 
timely performance report or submitted a report of unacceptable 
quality.
    In addition, in making a competitive grant award, the Secretary 
also requires various assurances including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Special Conditions: Under 34 CFR 74.14 and 80.12, the Secretary 
may impose special conditions on a grant if the applicant or grantee is 
not financially stable; has a history of unsatisfactory performance; 
has a financial or other management system that does not meet the 
standards in 34 CFR parts 74 or 80, as applicable; has not fulfilled 
the conditions of a prior grant; or is otherwise not responsible.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN). We may notify you informally, also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multi-year award, you must

[[Page 77629]]

submit an annual performance report that provides the most current 
performance and financial expenditure information as directed by the 
Secretary under 34 CFR 75.118. The Secretary may also require more 
frequent performance reports under 34 CFR 75.720(c). For specific 
requirements on reporting, please go to https://www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: To evaluate the overall success of its 
research program, NIDRR assesses the quality of its funded projects 
through review of grantee performance and products. Each year, NIDRR 
examines a portion of its SBIR grantees to determine--
     The percentage of NIDRR-funded grant applications that 
receive an average peer review score of 85 or higher.
    NIDRR uses information submitted by grantees as part of their 
Annual Performance Reports (APRs) for these reviews.
    Department of Education program performance reports, which include 
information on NIDRR programs, are available on the Department's Web 
site: https://www.ed.gov/about/offices/list/opepd/sas/.
    5. Continuation Awards: In making a continuation award, the 
Secretary may consider, under 34 CFR 75.253, the extent to which a 
grantee has made ``substantial progress toward meeting the objectives 
in its approved application.'' This consideration includes the review 
of a grantee's progress in meeting the targets and projected outcomes 
in its approved application, and whether the grantee has expended funds 
in a manner that is consistent with its approved application and 
budget. In making a continuation grant, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Agency Contact

    For Further Information Contact: Either Lynn Medley or Marlene 
Spencer as follows: Lynn Medley, U.S. Department of Education, 400 
Maryland Avenue, SW., room 5140, PCP, Washington, DC 20202-2700. 
Telephone: (202) 245-7338 or by e-mail: Lynn.Medley@ed.gov. Marlene 
Spencer, U.S. Department of Education, 400 Maryland Avenue, SW., room 
5133, PCP, Washington, DC 20202-2700. Telephone: (202) 245-7532 or by 
e-mail: Marlene.Spencer@ed.gov.
    If you use a TDD, call the Federal Relay Service (FRS), toll free, 
at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or computer diskette) by 
contacting the Grants and Contracts Services Team, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 5075, PCP, Washington, DC 
20202-2550. Telephone: (202) 245-7363. If you use a TDD, call the FRS, 
toll free, at 1-800-877-8339.
    Electronic Access to This Document: You can view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) on the 
Internet at the following site: https://www.ed.gov/news/fedregister. To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
this site.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: https://www.gpoaccess.gov/nara/.


    Dated: December 8, 2010.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2010-31191 Filed 12-10-10; 8:45 am]
BILLING CODE 4000-01-P