Department of Defense Program for Construction, Renovation, Repair or Expansion of Public Schools Located on Military Installations, 55883-55886 [2011-23065]

Download as PDF Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Notices biobased preference regulations. The Committee has determined that this project meets all of the required criteria for suitability, consistent with its regulations, and will be provided by a qualified nonprofit agency that must employ people who are blind or severely disabled for not less than 75% for its direct labor hours each fiscal year. Therefore, employment opportunities for people who are blind or severely disabled are maximized through the addition of this project to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agency to provide the product and impact of the addition on the current or most recent contractors, the Committee has determined that the product listed below is suitable for procurement by the Federal Government under 41 U.S.C. 46–48c and 41 CFR 51–2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organization that will furnish the product to the Government. 2. The action will result in authorizing the small entity to furnish the product to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the product proposed for addition to the Procurement List. End of Certification mstockstill on DSK4VPTVN1PROD with NOTICES Accordingly, the following product is added to the Procurement List: Product NSN: 7930–01–490–7301—Detergent, Laundry, Biobased with Bleach, Powdered/7930–01–490–7301 NPA: Association for the Blind and Visually Impaired—Goodwill Industries of Greater Rochester, Rochester, NY. Contracting Activity: General Services Administration, Fort Worth, TX. Coverage: A–List for the Total Government Requirement as aggregated by the General Services Administration. Patricia Briscoe, Deputy Director, Business Operations (Pricing and Information Management). [FR Doc. 2011–23107 Filed 9–8–11; 8:45 am] BILLING CODE 6353–01–P VerDate Mar<15>2010 16:58 Sep 08, 2011 Jkt 223001 55883 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED statement(s) underlying the certification on which they are providing additional information. Procurement List; Proposed Addition End of Certification Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed Addition to the Procurement List. The following service is proposed for addition to Procurement List for production by the nonprofit agency listed: AGENCY: The Committee is proposing to add a service to the Procurement List that will be provided by the nonprofit agency employing persons who are blind or have other severe disabilities. DATES: Comments must be received on or before: 10/10/2011. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202–3259. SUMMARY: FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Patricia Briscoe, Telephone: (703) 603–7740, Fax: (703) 603–0655, or e-mail CMTEFedReg@AbilityOne.gov. This notice is published pursuant to 41 U.S.C 47(a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. SUPPLEMENTARY INFORMATION: Addition If the Committee approves the proposed addition, the entity of the Federal Government identified in this notice will be required to procure the service listed below from the nonprofit agency employing persons who are blind or have other severe disabilities. Service: Service Type: Rubbish Removal and Recycling Service. Locations: I.R.S. Offices at the following locations: Submission Processing Center & Tax Break ´ Cafe, 3651 S. IH–35, Austin, TX. Connection Warehouse, 2021 East Woodward, Austin, TX. Southpark G (CSB), 1821 Directors Blvd., Austin, TX. Southpark J, 2191 Woodward, Austin, TX. Southpark K, 4175 Freidrich Lane, Austin, TX. South Tech. Bldg. 4, 2101 East Saint Elmo Road, Austin, TX. Child Development Center, 3651 South IH– 35, Austin, TX. JJ Pickle Federal Building, 300 E. 8th St., Austin, TX . Research Park, 2301 Research Blvd., Bldg. 4, Austin, TX. Rundberg Building, 825 E. Rundberg Lane, Austin, TX. Southpark Office Center (SPOC), 5015 S. IH–35, Austin, TX. NPA: Austin Task, Inc., Austin, TX. Contracting Activity: Dept. of Treasury, Internal Revenue Service, Chicago, IL. Patricia Briscoe, Deputy Director, Business Operations (Pricing and Information Management). [FR Doc. 2011–23108 Filed 9–8–11; 8:45 am] BILLING CODE 6353–01–P Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organization that will provide the service to the Government. 2. If approved, the action will result in authorizing small entities to provide the service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the service proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 DEPARTMENT OF DEFENSE Office of the Secretary Department of Defense Program for Construction, Renovation, Repair or Expansion of Public Schools Located on Military Installations Office of Economic Adjustment (OEA), Department of Defense (DoD). AGENCY: ACTION: Notice. This notice describes a onetime DoD program, administered by OEA, to distribute $250 million made available by Congress to construct, renovate, repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at such schools. SUMMARY: E:\FR\FM\09SEN1.SGM 09SEN1 55884 Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Notices Not applicable. Funds will be distributed as described in this notice until exhausted. ADDRESSES: Not applicable. Appropriate information will be provided directly to invited applicants. FOR FURTHER INFORMATION CONTACT: David F. Witschi, OEA Associate Director at (703) 604–6020 or david.witschi@wso.whs.mil. SUPPLEMENTARY INFORMATION: The Secretary of Defense is authorized by Section 8109 of Public Law 112–10, the Department of Defense and Full-Year Continuing Appropriations Act, 2011, and is choosing to act through OEA, to provide up to $250 million ‘‘to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate, repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at such schools: Provided further, that in making such funds available, OEA shall give priority consideration to those military installations with schools having the most serious capacity or facility condition deficiencies as determined by the Secretary of Defense.’’ OEA is establishing a one-time noncompetitive program, as described in this notice, to administer this appropriation. mstockstill on DSK4VPTVN1PROD with NOTICES DATES: 1. Program for Construction, Renovation, Repair, or Expansion of Public Schools Located on Military Installations On July 19, 2011, DoD approved a ‘‘Public Schools on Military Installations Priority List’’ (Priority List) that represents the Department’s prioritization of those public schools on military installations with the most serious capacity or facility condition deficiencies. Using this list, those Local Educational Agencies (LEA’s) representing the schools with the most serious capacity and facility condition deficiencies will be invited to submit a request for funding. DoD will conduct an initial meeting with the invited LEAs to discuss the specific deficiencies noted for the affected school, the purpose of the funding, the application process including a proposal submission timeline, and the minimum required matching share. After an LEA submits its proposal, a multi-disciplined Federal evaluation team will review the request and conduct a site visit to the respective school and community/ installation prior to making a recommendation to the decision official, who is the OEA Director. A successful VerDate Mar<15>2010 16:58 Sep 08, 2011 Jkt 223001 LEA will be asked to complete a formal grant application. Grant awards will be made to successful applicants until the available funds are exhausted. (a) Available Funds—Section 8109 of Public Law 112–10 provides $250 million to construct, renovate, repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at such schools. Of this amount, OEA may enter into reimbursable agreements with other Federal entities, as OEA deems necessary, to help carry out compliance with the National Environmental Policy Act, construction grant oversight, and other activities on OEA’s behalf for the effective implementation and administration of this appropriation. Funds not applied to such reimbursable agreements are available for awards to LEAs. (b) Priority Consideration—Section 8109 of Public Law 112–10, requires that in making such funds available, OEA shall give priority consideration to those military installations with schools having the most serious capacity or facility condition deficiencies as determined by the Secretary of Defense. On July 19, 2011, consistent with this appropriation language, DoD approved a Priority List that represents the Department’s identification of those public schools on military installations with the most serious capacity or facility condition deficiencies, and which will be used to select the schools towards which the funds will be applied. A copy of the Department’s Priority List may be viewed at https:// www.militaryhomefront.dod.mil/l/ onbaseschools. All questions concerning the Priority List should be directed to the Office of the Under Secretary of Defense for Personnel and Readiness, attention: Russell Roberts, Chief, Logistics Division, Department of Defense Education Activity at (703) 588–3502 or psmischools@hq.dodea.edu. (c) Eligible Applicants—Only LEAs that operate a public school on a military installation, and receive a written invitation from OEA, may request funds under this program. OEA will initially request LEAs with schools having the most serious capacity or facility condition deficiencies as determined by DoD to submit proposals. DoD will conduct an initial meeting with representatives of the invited LEAs, and representatives from their respective installations and States, to discuss the specific deficiencies noted for the affected school, the purpose of the funding, the application process, and the matching share requirement. As PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 decisions are made, additional LEAs on the Priority List may be notified until all funds are exhausted. (d) Eligible Project Activities—Funds must be used by the LEA within a reasonable period of time to construct, renovate, repair, or expand the public school on a military installation as identified in the OEA invitation letter. The decision concerning whether new construction, renovation, repair, or expansion is the appropriate corrective action, as well as the need for ancillary facilities, such as recreation fields, etc., associated with the school project, will be made by the LEA, subject to review by OEA. Eligible project costs may include project administration, architectural/engineering, design, preparation of environmental documentation, inspection and testing, construction, equipment and furnishings, contingency costs, demolition of the facilities being replaced, renovated or repaired, and costs for swing space, if required, to implement the project. The LEA shall ensure that the project is functional, economical, and not elaborate in design or extravagant in the use of materials, compared with facilities of a similar type in the State or other applicable geographical area. (e) Supplement—Not Supplant— These funds may be used to supplement other Federal or non-Federal funds, but may not be used to supplant funds previously committed to or available for the project. LEA proposals must identify any funding, regardless of source, previously committed to or available for the project. OEA reserves the right to reduce an award by the amount of other funds determined to have been previously committed to the project. (f) Matching Share—A matching share, equal to not less than twenty (20) percent of the total project cost is required to be provided by the LEA. The matching share may be cash, an in-kind contribution, or a combination of both, and LEAs must demonstrate that the match is or will be available to permit timely execution of the project. For the purposes of this funding, LEAs may use other Federal-sourced or non-Federal funds (State, local or private contributions) committed to or available for the project to meet the matching share requirement. LEAs will be encouraged to seek State and other funding, and to structure proposals to take best advantage of other contributions. OEA may waive part or the entire matching share requirement on a case-by-case basis of demonstrated LEA inability to pay. In such cases, the LEA will bear the burden of demonstrating an inability to pay to the E:\FR\FM\09SEN1.SGM 09SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Notices satisfaction of OEA. Requests for waiver of the matching share requirement will be subject to an assessment conducted by OEA, in concert with other Federal agency participation as needed, to ensure that funds are used to supplement and not supplant other available funds, and to determine an appropriate matching contribution. In any case, projects must be completed with the amount of funds provided (together with other Federal or nonFederal funds, if necessary) and result in a complete and usable project. (g) Project Proposal and Preliminary Engineering Information—LEAs that are invited to apply will be asked to submit a project proposal within 90 days, and an OEA staff member will be assigned to work with the LEA as a resource to answer any questions about the proposal process. If a proposal cannot be completed within 90 days, the LEA should submit a status report and alternate timeline for its completion. The following proposal information will assist OEA in determining compliance with legal and programmatic requirements: • A general description of project components and preliminary engineering report; • Sketches or schematics showing general layout and location of existing site conditions and the proposed project; • A feasibility analysis that supports the preferred alternative (replacement, renovation, repair or expansion) to address the school’s capacity and/or facility condition deficiencies; • Any structural or soils reports or other studies used in the analysis of the proposed project design decision; • A current cost estimate, including the estimated cost for architectural/ engineering design and inspection, environmental compliance, construction, demolition, any equipment that is moveable or is not built-in to the project, and swing space requirements, if included in the project. Provide the basis for the determination of construction contingencies; • A comparison to costs and construction standards used at other LEA-owned schools located off the installation; • A list of permits required for the proposed project and their current status; • An estimated time schedule for design, permitting, bidding and award of contracts and construction; • A statement of support for the proposal from the host installation that confirms that the project is compatible with the installation operations, airfield or land use plans; VerDate Mar<15>2010 16:58 Sep 08, 2011 Jkt 223001 • A statement that the project is not located in a FEMA-identified special flood hazard area; • A letter from the LEA stating that the matching funds are committed and readily available and will not be conditioned or encumbered in any way that would preclude their use for the project; • Environmental information sufficient to evaluate all reasonable alternatives to the proposed project, the direct and indirect environmental impacts, as well as the cumulative impacts on the environment as defined in the Council on Environmental Quality’s regulations for implementing the National Environmental Policy Act (NEPA), set out at 40 CFR 1500–1508; • Financial information for the last four (4) operating cycles of the LEA demonstrating financial wherewithal to support the proposal, that available funds are not being supplanted and, where necessary, justifying any matching share waiver request. (h) Federal Evaluation Team—The OEA Director will designate a multidisciplined Federal Evaluation Team to review each LEA request for funding and conduct a site visit to the respective school and community. The scope of the Team’s review will be uniform for all proposals evaluated. Composition of the Team may include participation, including financial underwriting expertise, from the Office of the Under Secretary of Defense for Personnel and Readiness, the Military Services, the U.S. Department of Education, and other Federal agencies as needed. The Team will evaluate the appropriateness of the LEA’s proposed method of corrective action, i.e., new construction, renovation, repair, or expansion, and the project’s responsiveness to the Department’s Priority List. In the event the LEA requests a waiver of the matching share requirement, the Team will also assess the waiver request and identify an appropriate matching share for the project. The Team will make its recommendation to the decision official, who is the OEA Director. (i) NEPA—Awards are subject to compliance with NEPA and the Council on Environmental Quality NEPA regulations. Preparation of an appropriate environmental impact analysis for selected projects is the responsibility of the successful applicant in coordination with the respective installation. OEA will notify the Commanding Officer of the military installation on which the school is located that the LEA has been invited to request funding for an on-installation school construction, renovation, repair or expansion project, and request that PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 55885 the installation cooperate with the LEA in the preparation of an appropriate environmental impact analysis. Based on an independent evaluation of the environmental impact analysis prepared by the applicant, a pre-award NEPA determination (e.g., FONSI) will be made by OEA. The applicant’s cost for preparing the NEPA documentation is a reimbursable project expense. (j) Sequence of Funding Decisions— The OEA Director will make funding decisions generally according to the DoD Priority List. That is, the OEA Director will generally make funds available first to the schools with the most serious capacity or facility condition deficiencies before making funds available to schools with less serious capacity or facility condition deficiencies. To expedite this process, OEA will invite an initial group of the schools designated as having the most serious deficiencies to concurrently submit their respective project proposals. Once decisions are reached for this initial group, the next group(s) will be invited to apply, to the extent funds remain available. (k) Final Application—Once a project scope has been finalized and the OEA Director has made a decision on an LEA proposal, the LEA will be invited to complete an eGrant application (Office of Management and Budget Standard Form 424) under Catalog of Federal Domestic Assistance Number: 12.600. Subject to receipt of a complete application and completion of the NEPA process, the LEA will receive a notice of award in the form of a Grant Agreement, signed by the OEA Director (Grantor), on behalf of DoD. The Grant Agreement will be transmitted electronically. (l) Site Control and Post Award Responsibilities—While most public schools on military installations are owned by the LEAs that operate them, some of these public schools, although operated by an LEA, are currently owned by the U.S. Government (U.S. Department of Education or the U.S. Army). OEA will require, as a condition of receiving assistance under this program, that the LEA evidence: Adequate site control to permit necessary construction, renovation, repair, expansion, demolition and/or swing space activities; beneficial ownership of the new, expanded, or renovated facility; and responsibility for operation and maintenance of the new, renovated, or expanded facility for the remainder of its useful life in accordance with Federal, State and local requirements, including at a minimum, maintaining previous levels of operation and maintenance funding. The Grantee may not charge students or school E:\FR\FM\09SEN1.SGM 09SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 55886 Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Notices personnel for the ordinary use of facilities, furnishing, or equipment purchased with grant funds. The Grantee shall administer and supervise implementation of the project, maintaining competent architectural supervision and inspection at the project site to ensure the work conforms to the approved drawings and specifications. (m) Administrative and National Policy Requirements—The Grantee and any consultant/contractor operating under the terms of a grant shall comply with all Federal, State, and local laws applicable to its activities including the following: National Environmental Policy Act; National Historic Preservation Act; 32 CFR part 33, ‘‘Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments’’; OMB Circulars A–87, ‘‘Cost Principles for State and Local Governments’’ and the revised A–133, ‘‘Audits of States, Local Governments and Non-Profit Organizations’’; 32 CFR part 25, ‘‘Government-wide Debarment and Suspension (Non-procurement)’’; 32 CFR part 26,’’Drug-free Workplace’’; and 32 CFR part 28, ‘‘New Restrictions on Lobbying (Grants).’’ (n) Reporting—OEA requires interim performance reports and one final performance report for each award. The performance reports will contain information on the following: • A comparison of actual accomplishments to the objectives established for the reporting period; • Reasons for any slippage and proposed plan to mitigate; • Additional pertinent information when appropriate; • A comparison of actual and projected expenditures for the period; • The amount of awarded funds on hand at the beginning and end of the reporting period. The final performance report must contain a summary of activities for the entire award period. An SF 425, ‘‘Financial Status Report,’’ must be submitted to OEA within ninety (90) days after the end date of the award. Any grant funds actually advanced and not needed for grant purposes shall be returned immediately to the Office of Economic Adjustment. OEA will provide a schedule for reporting periods and report due dates in the Award Agreement. 2. Agency Contacts For further information, to answer questions regarding this notice, or for help with problems, contact: David F. Witschi, OEA Associate Director, telephone: (703) 604–6020, e-mail: VerDate Mar<15>2010 16:58 Sep 08, 2011 Jkt 223001 david.witschi@wso.whs.mil or regular mail at 400 Army Navy Drive, Suite 200, Arlington, VA 22202–4704. Specific questions concerning the Department’s Public Schools on Military Installations Priority List should be directed to the Office of the Under Secretary of Defense for Personnel and Readiness, attention: Russell Roberts, Chief, Logistics Division, Department of Defense Education Activity at (703) 588–3502 or psmischools@hq.dodea.edu. 3. Other Information The OEA Internet address is https:// www.oea.gov. Dated: September 6, 2011. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2011–23065 Filed 9–8–11; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary Selection Criteria—Transportation Infrastructure Improvements Associated With Medical Facilities Related to Recommendations of the 2005 Defense Base Closure and Realignment Commission Office of Economic Adjustment (OEA), Department of Defense (DoD). ACTION: Final notice. AGENCY: This notice responds to comments on the selection criteria to be used to select grant applicants for funding from the Office of Economic Adjustment (OEA) for construction of Transportation Infrastructure Improvements associated with medical facilities related to recommendations of the 2005 Defense Base Closure and Realignment Commission. The July 21, 2011, Federal Register notice announced proposal requirements, the deadline for submitting proposals, and the criteria that will be used to select proposals. Because this is a new onetime program, however, the July 21, 2011, notice also requested comments on the proposed selection criteria for these grants, as provided in Section V, paragraph 1, of that notice. This notice responds to the comments that were received and issues the final selection criteria for the program. FOR FURTHER INFORMATION CONTACT: David F. Witschi, Associate Director, OEA, telephone: (703) 604–6020, e-mail: david.witschi@wso.whs.mil. SUPPLEMENTARY INFORMATION: Federal Funding Opportunity Title: Transportation Infrastructure SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Improvements associated with medical facilities related to recommendations of the 2005 Defense Base Closure and Realignment Commission. Announcement Type: Federal Funding Opportunity. Catalog of Federal Domestic Assistance (CFDA) Number: 12.600. Background—Funding Opportunity Description OEA, a DoD Field Activity, is authorized by Section 8110 of Public Law 112–10, the Department of Defense and Full-Year Continuing Appropriations Act, 2011, to provide up to $300 million ‘‘for transportation infrastructure improvements associated with medical facilities related to recommendations of the Defense Base Closure and Realignment Commission.’’ On July 21, 2011, OEA issued a Federal Funding Opportunity notice for these funds in the Federal Register that announced proposal requirements, the deadline for submitting proposals, and the criteria that will be used to select proposals. Because this is a new onetime program, however, the July 21, 2011, notice also requested comments on the proposed selection criteria for these grants. This notice responds to comments that were received and issues the final selection criteria for the program (Section V, paragraphs 1.(a) through 1.(d) of the July 21, 2011 notice). All other information, including the proposal submission date and application and submission information announced in the July 21, 2011, notice, remains unchanged. The 30-day comment period for the selection criteria ended on August 19, 2011. Comments and Responses—Seven respondents provided a total of four different comments. The public comments were considered by OEA in determining the final selection criteria for the program. Comment 1: One commenter agreed with the selection criteria and proposed no changes. Comment 2: One commenter proposed no changes to the selection criteria, but requested additional information regarding the disbursement process to be used both for direct OEA grants and if the funds are to be passed through another Federal agency for implementation. Response: For direct OEA construction grants, disbursement to the grantee will be by the reimbursement method. In the event OEA chooses to enter into an interagency agreement with another Federal agency to implement a particular project, OEA will transfer those funds directly to the E:\FR\FM\09SEN1.SGM 09SEN1

Agencies

[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Notices]
[Pages 55883-55886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23065]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Department of Defense Program for Construction, Renovation, 
Repair or Expansion of Public Schools Located on Military Installations

AGENCY: Office of Economic Adjustment (OEA), Department of Defense 
(DoD).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice describes a one-time DoD program, administered by 
OEA, to distribute $250 million made available by Congress to 
construct, renovate, repair, or expand elementary and secondary public 
schools on military installations in order to address capacity or 
facility condition deficiencies at such schools.

[[Page 55884]]


DATES: Not applicable. Funds will be distributed as described in this 
notice until exhausted.

ADDRESSES: Not applicable. Appropriate information will be provided 
directly to invited applicants.

FOR FURTHER INFORMATION CONTACT: David F. Witschi, OEA Associate 
Director at (703) 604-6020 or david.witschi@wso.whs.mil.

SUPPLEMENTARY INFORMATION: The Secretary of Defense is authorized by 
Section 8109 of Public Law 112-10, the Department of Defense and Full-
Year Continuing Appropriations Act, 2011, and is choosing to act 
through OEA, to provide up to $250 million ``to make grants, conclude 
cooperative agreements, or supplement other Federal funds to construct, 
renovate, repair, or expand elementary and secondary public schools on 
military installations in order to address capacity or facility 
condition deficiencies at such schools: Provided further, that in 
making such funds available, OEA shall give priority consideration to 
those military installations with schools having the most serious 
capacity or facility condition deficiencies as determined by the 
Secretary of Defense.''
    OEA is establishing a one-time non-competitive program, as 
described in this notice, to administer this appropriation.

1. Program for Construction, Renovation, Repair, or Expansion of Public 
Schools Located on Military Installations

    On July 19, 2011, DoD approved a ``Public Schools on Military 
Installations Priority List'' (Priority List) that represents the 
Department's prioritization of those public schools on military 
installations with the most serious capacity or facility condition 
deficiencies. Using this list, those Local Educational Agencies (LEA's) 
representing the schools with the most serious capacity and facility 
condition deficiencies will be invited to submit a request for funding. 
DoD will conduct an initial meeting with the invited LEAs to discuss 
the specific deficiencies noted for the affected school, the purpose of 
the funding, the application process including a proposal submission 
timeline, and the minimum required matching share. After an LEA submits 
its proposal, a multi-disciplined Federal evaluation team will review 
the request and conduct a site visit to the respective school and 
community/installation prior to making a recommendation to the decision 
official, who is the OEA Director. A successful LEA will be asked to 
complete a formal grant application. Grant awards will be made to 
successful applicants until the available funds are exhausted.
    (a) Available Funds--Section 8109 of Public Law 112-10 provides 
$250 million to construct, renovate, repair, or expand elementary and 
secondary public schools on military installations in order to address 
capacity or facility condition deficiencies at such schools. Of this 
amount, OEA may enter into reimbursable agreements with other Federal 
entities, as OEA deems necessary, to help carry out compliance with the 
National Environmental Policy Act, construction grant oversight, and 
other activities on OEA's behalf for the effective implementation and 
administration of this appropriation. Funds not applied to such 
reimbursable agreements are available for awards to LEAs.
    (b) Priority Consideration--Section 8109 of Public Law 112-10, 
requires that in making such funds available, OEA shall give priority 
consideration to those military installations with schools having the 
most serious capacity or facility condition deficiencies as determined 
by the Secretary of Defense. On July 19, 2011, consistent with this 
appropriation language, DoD approved a Priority List that represents 
the Department's identification of those public schools on military 
installations with the most serious capacity or facility condition 
deficiencies, and which will be used to select the schools towards 
which the funds will be applied. A copy of the Department's Priority 
List may be viewed at https://www.militaryhomefront.dod.mil/l/onbaseschools. All questions concerning the Priority List should be 
directed to the Office of the Under Secretary of Defense for Personnel 
and Readiness, attention: Russell Roberts, Chief, Logistics Division, 
Department of Defense Education Activity at (703) 588-3502 or 
psmischools@hq.dodea.edu.
    (c) Eligible Applicants--Only LEAs that operate a public school on 
a military installation, and receive a written invitation from OEA, may 
request funds under this program. OEA will initially request LEAs with 
schools having the most serious capacity or facility condition 
deficiencies as determined by DoD to submit proposals. DoD will conduct 
an initial meeting with representatives of the invited LEAs, and 
representatives from their respective installations and States, to 
discuss the specific deficiencies noted for the affected school, the 
purpose of the funding, the application process, and the matching share 
requirement. As decisions are made, additional LEAs on the Priority 
List may be notified until all funds are exhausted.
    (d) Eligible Project Activities--Funds must be used by the LEA 
within a reasonable period of time to construct, renovate, repair, or 
expand the public school on a military installation as identified in 
the OEA invitation letter. The decision concerning whether new 
construction, renovation, repair, or expansion is the appropriate 
corrective action, as well as the need for ancillary facilities, such 
as recreation fields, etc., associated with the school project, will be 
made by the LEA, subject to review by OEA. Eligible project costs may 
include project administration, architectural/engineering, design, 
preparation of environmental documentation, inspection and testing, 
construction, equipment and furnishings, contingency costs, demolition 
of the facilities being replaced, renovated or repaired, and costs for 
swing space, if required, to implement the project. The LEA shall 
ensure that the project is functional, economical, and not elaborate in 
design or extravagant in the use of materials, compared with facilities 
of a similar type in the State or other applicable geographical area.
    (e) Supplement--Not Supplant--These funds may be used to supplement 
other Federal or non-Federal funds, but may not be used to supplant 
funds previously committed to or available for the project. LEA 
proposals must identify any funding, regardless of source, previously 
committed to or available for the project. OEA reserves the right to 
reduce an award by the amount of other funds determined to have been 
previously committed to the project.
    (f) Matching Share--A matching share, equal to not less than twenty 
(20) percent of the total project cost is required to be provided by 
the LEA. The matching share may be cash, an in-kind contribution, or a 
combination of both, and LEAs must demonstrate that the match is or 
will be available to permit timely execution of the project. For the 
purposes of this funding, LEAs may use other Federal-sourced or non-
Federal funds (State, local or private contributions) committed to or 
available for the project to meet the matching share requirement. LEAs 
will be encouraged to seek State and other funding, and to structure 
proposals to take best advantage of other contributions. OEA may waive 
part or the entire matching share requirement on a case-by-case basis 
of demonstrated LEA inability to pay. In such cases, the LEA will bear 
the burden of demonstrating an inability to pay to the

[[Page 55885]]

satisfaction of OEA. Requests for waiver of the matching share 
requirement will be subject to an assessment conducted by OEA, in 
concert with other Federal agency participation as needed, to ensure 
that funds are used to supplement and not supplant other available 
funds, and to determine an appropriate matching contribution. In any 
case, projects must be completed with the amount of funds provided 
(together with other Federal or non-Federal funds, if necessary) and 
result in a complete and usable project.
    (g) Project Proposal and Preliminary Engineering Information--LEAs 
that are invited to apply will be asked to submit a project proposal 
within 90 days, and an OEA staff member will be assigned to work with 
the LEA as a resource to answer any questions about the proposal 
process. If a proposal cannot be completed within 90 days, the LEA 
should submit a status report and alternate timeline for its 
completion. The following proposal information will assist OEA in 
determining compliance with legal and programmatic requirements:
     A general description of project components and 
preliminary engineering report;
     Sketches or schematics showing general layout and location 
of existing site conditions and the proposed project;
     A feasibility analysis that supports the preferred 
alternative (replacement, renovation, repair or expansion) to address 
the school's capacity and/or facility condition deficiencies;
     Any structural or soils reports or other studies used in 
the analysis of the proposed project design decision;
     A current cost estimate, including the estimated cost for 
architectural/engineering design and inspection, environmental 
compliance, construction, demolition, any equipment that is moveable or 
is not built-in to the project, and swing space requirements, if 
included in the project. Provide the basis for the determination of 
construction contingencies;
     A comparison to costs and construction standards used at 
other LEA-owned schools located off the installation;
     A list of permits required for the proposed project and 
their current status;
     An estimated time schedule for design, permitting, bidding 
and award of contracts and construction;
     A statement of support for the proposal from the host 
installation that confirms that the project is compatible with the 
installation operations, airfield or land use plans;
     A statement that the project is not located in a FEMA-
identified special flood hazard area;
     A letter from the LEA stating that the matching funds are 
committed and readily available and will not be conditioned or 
encumbered in any way that would preclude their use for the project;
     Environmental information sufficient to evaluate all 
reasonable alternatives to the proposed project, the direct and 
indirect environmental impacts, as well as the cumulative impacts on 
the environment as defined in the Council on Environmental Quality's 
regulations for implementing the National Environmental Policy Act 
(NEPA), set out at 40 CFR 1500-1508;
     Financial information for the last four (4) operating 
cycles of the LEA demonstrating financial wherewithal to support the 
proposal, that available funds are not being supplanted and, where 
necessary, justifying any matching share waiver request.
    (h) Federal Evaluation Team--The OEA Director will designate a 
multi-disciplined Federal Evaluation Team to review each LEA request 
for funding and conduct a site visit to the respective school and 
community. The scope of the Team's review will be uniform for all 
proposals evaluated. Composition of the Team may include participation, 
including financial underwriting expertise, from the Office of the 
Under Secretary of Defense for Personnel and Readiness, the Military 
Services, the U.S. Department of Education, and other Federal agencies 
as needed. The Team will evaluate the appropriateness of the LEA's 
proposed method of corrective action, i.e., new construction, 
renovation, repair, or expansion, and the project's responsiveness to 
the Department's Priority List. In the event the LEA requests a waiver 
of the matching share requirement, the Team will also assess the waiver 
request and identify an appropriate matching share for the project. The 
Team will make its recommendation to the decision official, who is the 
OEA Director.
    (i) NEPA--Awards are subject to compliance with NEPA and the 
Council on Environmental Quality NEPA regulations. Preparation of an 
appropriate environmental impact analysis for selected projects is the 
responsibility of the successful applicant in coordination with the 
respective installation. OEA will notify the Commanding Officer of the 
military installation on which the school is located that the LEA has 
been invited to request funding for an on-installation school 
construction, renovation, repair or expansion project, and request that 
the installation cooperate with the LEA in the preparation of an 
appropriate environmental impact analysis. Based on an independent 
evaluation of the environmental impact analysis prepared by the 
applicant, a pre-award NEPA determination (e.g., FONSI) will be made by 
OEA. The applicant's cost for preparing the NEPA documentation is a 
reimbursable project expense.
    (j) Sequence of Funding Decisions--The OEA Director will make 
funding decisions generally according to the DoD Priority List. That 
is, the OEA Director will generally make funds available first to the 
schools with the most serious capacity or facility condition 
deficiencies before making funds available to schools with less serious 
capacity or facility condition deficiencies. To expedite this process, 
OEA will invite an initial group of the schools designated as having 
the most serious deficiencies to concurrently submit their respective 
project proposals. Once decisions are reached for this initial group, 
the next group(s) will be invited to apply, to the extent funds remain 
available.
    (k) Final Application--Once a project scope has been finalized and 
the OEA Director has made a decision on an LEA proposal, the LEA will 
be invited to complete an eGrant application (Office of Management and 
Budget Standard Form 424) under Catalog of Federal Domestic Assistance 
Number: 12.600. Subject to receipt of a complete application and 
completion of the NEPA process, the LEA will receive a notice of award 
in the form of a Grant Agreement, signed by the OEA Director (Grantor), 
on behalf of DoD. The Grant Agreement will be transmitted 
electronically.
    (l) Site Control and Post Award Responsibilities--While most public 
schools on military installations are owned by the LEAs that operate 
them, some of these public schools, although operated by an LEA, are 
currently owned by the U.S. Government (U.S. Department of Education or 
the U.S. Army). OEA will require, as a condition of receiving 
assistance under this program, that the LEA evidence: Adequate site 
control to permit necessary construction, renovation, repair, 
expansion, demolition and/or swing space activities; beneficial 
ownership of the new, expanded, or renovated facility; and 
responsibility for operation and maintenance of the new, renovated, or 
expanded facility for the remainder of its useful life in accordance 
with Federal, State and local requirements, including at a minimum, 
maintaining previous levels of operation and maintenance funding. The 
Grantee may not charge students or school

[[Page 55886]]

personnel for the ordinary use of facilities, furnishing, or equipment 
purchased with grant funds. The Grantee shall administer and supervise 
implementation of the project, maintaining competent architectural 
supervision and inspection at the project site to ensure the work 
conforms to the approved drawings and specifications.
    (m) Administrative and National Policy Requirements--The Grantee 
and any consultant/contractor operating under the terms of a grant 
shall comply with all Federal, State, and local laws applicable to its 
activities including the following: National Environmental Policy Act; 
National Historic Preservation Act; 32 CFR part 33, ``Uniform 
Administrative Requirements for Grants and Cooperative Agreements to 
State and Local Governments''; OMB Circulars A-87, ``Cost Principles 
for State and Local Governments'' and the revised A-133, ``Audits of 
States, Local Governments and Non-Profit Organizations''; 32 CFR part 
25, ``Government-wide Debarment and Suspension (Non-procurement)''; 32 
CFR part 26,''Drug-free Workplace''; and 32 CFR part 28, ``New 
Restrictions on Lobbying (Grants).''
    (n) Reporting--OEA requires interim performance reports and one 
final performance report for each award. The performance reports will 
contain information on the following:
     A comparison of actual accomplishments to the objectives 
established for the reporting period;
     Reasons for any slippage and proposed plan to mitigate;
     Additional pertinent information when appropriate;
     A comparison of actual and projected expenditures for the 
period;
     The amount of awarded funds on hand at the beginning and 
end of the reporting period.
    The final performance report must contain a summary of activities 
for the entire award period. An SF 425, ``Financial Status Report,'' 
must be submitted to OEA within ninety (90) days after the end date of 
the award. Any grant funds actually advanced and not needed for grant 
purposes shall be returned immediately to the Office of Economic 
Adjustment.
    OEA will provide a schedule for reporting periods and report due 
dates in the Award Agreement.

2. Agency Contacts

    For further information, to answer questions regarding this notice, 
or for help with problems, contact: David F. Witschi, OEA Associate 
Director, telephone: (703) 604-6020, e-mail: david.witschi@wso.whs.mil 
or regular mail at 400 Army Navy Drive, Suite 200, Arlington, VA 22202-
4704. Specific questions concerning the Department's Public Schools on 
Military Installations Priority List should be directed to the Office 
of the Under Secretary of Defense for Personnel and Readiness, 
attention: Russell Roberts, Chief, Logistics Division, Department of 
Defense Education Activity at (703) 588-3502 or 
psmischools@hq.dodea.edu.

3. Other Information

    The OEA Internet address is https://www.oea.gov.

    Dated: September 6, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2011-23065 Filed 9-8-11; 8:45 am]
BILLING CODE 5001-06-P
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