Proposed Establishment of a Federally Funded Research and Development Center, 1831-1832 [2014-00260]

Download as PDF Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Notices 0.375 inches and 2.5 inches in length, and that are collated with adhesive or polyester film tape backed with a heat seal adhesive. Also excluded from the scope of the order are fasteners having a case hardness greater than or equal to 50 HRC, a carbon content greater than or equal to 0.5 percent, a round head, a secondary reduced-diameter raised head section, a centered shank, and a smooth symmetrical point, suitable for use in gas-actuated hand tools. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of the antidumping duty order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping order on nails from the PRC. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This fiveyear (‘‘sunset″) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: January 6, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–00263 Filed 1–9–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology mstockstill on DSK4VPTVN1PROD with NOTICES [Docket No.: 130212127–3999–04] Proposed Establishment of a Federally Funded Research and Development Center National Institute of Standards and Technology (NIST), Commerce. ACTION: Notice. AGENCY: VerDate Mar<15>2010 16:40 Jan 09, 2014 Jkt 232001 The National Institute of Standards and Technology (NIST), Department of Commerce, intends to sponsor a Federally Funded Research and Development Center (FFRDC) to facilitate public-private collaboration for accelerating the widespread adoption of integrated cybersecurity tools and technologies. NIST published three notices in the Federal Register advising the public of the agency’s intention to sponsor an FFRDC and requesting comments from the public. This notice provides NIST’s analysis of the comments related to NIST’s proposed establishment of the FFRDC received in response to those notices. These responses, as well as NIST’s responses to the many acquisition-related comments and questions received in response to the three notices will be posted on FedBizOpps. DATES: NIST published portions of a draft Request for Proposals for public comment in December 2013. ADDRESSES: NIST’s responses to acquisition-related comments and question and the draft Request for Proposals will be published for public comment at www.fbo.gov. FOR FURTHER INFORMATION CONTACT: Keith Bubar via email at Keith.Bubar@ nist.gov or telephone 301–975–8329 or Keith Bubar, NIST, 100 Bureau Drive, Mail Stop 1640, Gaithersburg, MD 20899–1640. SUPPLEMENTARY INFORMATION: NIST has identified the need to support the mission of the National Cybersecurity Center of Excellence (NCCoE) through the establishment of an FFRDC. In evaluating the need for the FFRDC, NIST determined that no existing alternative sources can effectively meet the unique needs of NIST. The proposed NCCoE FFRDC will have three primary purposes: (1) Research, Development, Engineering and Technical support; (2) Program/Project Management focused on increasing the effectiveness and efficiency of cybersecurity applications, prototyping, demonstrations, and technical activities; and (3) Facilities Management. The proposed NCCoE FFRDC may also be utilized by other federal agencies. The FFRDC will be established under the regulations found at 48 CFR 35.017. Comments Received and Responses: The following is a summary and analysis of the comments received during the public comment period and NIST’s responses to them. NIST received comments from a total of 46 commenters. NIST received three comments opposed to establishing the proposed FFRDC. In addition, NIST received two comments opposed to SUMMARY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 1831 government spending in general, but not specifically directed toward the proposed FFRDC. Finally, NIST received a total of 73 additional comments/questions from 43 commenters, centered on the proposed acquisition and other related topics. A summary of the public comments opposing the establishment of the FFRDC, along with NIST’s responses to each, are as follows: Comment: Two commenters stated that hundreds of private sector firms are capable of performing the tasks described in the notice. Response: NIST is aware of the vast cybersecurity research, development, engineering, technical, program/project management and facilities management capabilities available in the private sector. The NCCoE meets its unique mission of increasing the rate of adoption of more secure technologies by establishing broad consortia of academic, government, and private sector organizations whose engineers work side-by-side at the center. While potentially having the appropriate technical capabilities, private sector firms motivated by profit and future competitive opportunities would not provide the same level of objectivity as an organization managing an FFRDC. Comment: One commenter stated that a Request for Information or draft Request for Proposals (RFP) would likely yield numerous responses from qualified private sector firms. Response: NIST intends to publish a draft RFP to allow prospective offerors an opportunity to ask questions and provide comments. Comment: Two commenters stated that any concerns about organizational conflicts of interest within the private sector can be resolved through industry divestitures and other methods, and can be fully addressed and prevented through provisions in the current acquisition system. Response: As established under the Federal Acquisition Regulation (FAR), FFRDCs are designed to prevent potential conflicts of interest from occurring and to allow for the independence and objectivity necessary to collaborate effectively with a broad consortium of technical organizations. By establishing an FFRDC, potential conflicts of interest will be avoided as the FFRDC operator will not be motivated by potential competitive advantages or profit, ensuring a level playing field for all collaborators on NCCoE activities. The FFRDC operator could potentially have access to the intellectual property of a large number of possibly competing companies collaborating on NCCoE activities. The E:\FR\FM\10JAN1.SGM 10JAN1 mstockstill on DSK4VPTVN1PROD with NOTICES 1832 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Notices access to intellectual property of many companies could present conflicts of interest for an organization that does not meet the provisions of FAR 35.017(a)(3). Comment: One commenter stated that NIST has not adequately demonstrated that there are no existing contract vehicles or FFRDCs available to meet its needs. Response: Through conducting market research, NIST determined that neither a standard services contractor nor an existing FFRDC can adequately meet NIST’s requirement for supporting the NCCoE. Review of the 40 existing FFRDCs indicated that only one incorporated cybersecurity in its mission and vision statement, Carnegie Mellon Software Engineering Institute (SEI), sponsored by the U.S. Army. SEI’s stated mission is to ‘‘advance the technologies and practices needed to acquire, develop, operate, and sustain software systems that are innovative, affordable, trustworthy, and enduring.’’ SEI identifies its competencies as including software engineering and research, computer security, emerging software technologies, and acquisition solutions. SEI’s mission statement and the focus of its current staff are significantly narrower than the NCCoE’s requirement to execute applied research and collaborate with industry, academia, and government to accelerate the adoption of solutions based on existing commercial-off-the-shelf products. The use of SEI to support the mission of the NCCoE would result in a significant limitation on the range of services that could be performed and the range of use cases to be undertaken. Comment: Two commenters stated that NIST has not clearly stated the basis, purpose and mission of the FFRDC. Response: In the forthcoming draft RFP, NIST will articulate its requirement for the FFRDC with greater specificity, and prospective offerors will have the opportunity to ask questions and submit comments. Comment: One commenter stated that creating a new FFRDC would expose NIST to significant cost vulnerabilities and potential criticism from Congress and others. Response: The competition for an Indefinite Delivery Indefinite Quantity (IDIQ) contract, the contracting mechanism to be used for the FFRDC, occurs at the base contract level. The nature of an IDIQ contract does allow for future actions within the scope of the contract to be awarded without further competition. However, NIST will review the scope of work thoroughly to identify areas that require clarification prior to release of the RFP, VerDate Mar<15>2010 16:40 Jan 09, 2014 Jkt 232001 and the IDIQ contract will be competed to the maximum extent practicable. NIST will negotiate the cost, terms and conditions of all task orders with the FFRDC operator before performance commences. By using a task order based IDIQ contract, NIST will balance scope and cost control while allowing for the flexibility to address the needs of the NCCoE. NIST has posted a notice to the Federal Business Opportunities (FBO) Web site with the official responses to each comment received in response to the previous three Federal Register notices, including those comments summarized above. The FBO Reference Number for this notice is NCCoE_ FFRDC–FRN_4. NIST published portions of a draft Request for Proposals for public comment in December 2013. Dated: January 6, 2014. Willie E. May, Associate Director for Laboratory Programs. [FR Doc. 2014–00260 Filed 1–9–14; 8:45 am] BILLING CODE 3510–13–P your name and email address. Once you have joined the webinar, choose either your computer’s audio or select ‘‘Use Telephone.’’ To join the audio teleconference using a telephone, call the toll number 1 (646) 307–1721 and enter 799–773–093 when prompted for the audio code. If you do not select ‘‘Use Telephone,’’ you will be connected to audio using your computer’s microphone and speakers (VolP). A headset is recommended. System requirements for PC-based attendees: Windows 7, Vista, or XP; for Mac-based attendees: Mac OS X 10.5 or newer; and for mobile attendees: iPhone, iPad, Android phone, or Android tablet (see the GoToMeeting Webinar Apps). If you experience technical difficulties and would like assistance, please contact Mr. Kris Kleinschmidt at (503) 820– 2280. Public comments during the webinar will be received from attendees at the discretion of the SSC Groundfish Subcommittee chair. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD042 Pacific Fishery Management Council; Online Webinar National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of online webinar. AGENCY: The Pacific Fishery Management Council’s (Pacific Council’s) Scientific and Statistical Committee (SSC) Groundfish Subcommittee will hold an online webinar to review data-poor overfishing limit (OFL) estimates for kelp greenling in Oregon and Washington, new OFL estimates for the Washington stock of cabezon, and other business in preparation for the SSC’s March 2014 meeting. The online SSC Groundfish Subcommittee webinar is open to the public. DATES: The SSC Groundfish Subcommittee webinar will commence at 1 p.m. PST, Thursday, January 30, 2014 and continue until 3 p.m. or as necessary to complete business for the day. ADDRESSES: To attend the SSC Groundfish Subcommittee webinar, please join online at https:// www.joinwebinar.com and enter the webinar ID: 701–764–215, as well as SUMMARY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Mr. John DeVore, Pacific Council; telephone: (503) 820–2280. The specific objectives of the SSC Groundfish Subcommittee webinar are to review data-poor OFL estimates for kelp greenling in Oregon and Washington, new OFL estimates for the Washington stock of cabezon, and review or discuss other items necessary to prepare for the March 2014 SSC meeting in Sacramento, CA. No management actions will be decided in this webinar. Although non-emergency issues not identified in the webinar agenda may come before the webinar participants for discussion, those issues may not be the subject of formal action during this webinar. Formal action at the webinar 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 MagnusonStevens Fishery Conservation and Management Act, provided the public has been notified of the webinar participants’ intent to take final action to address the emergency. SUPPLEMENTARY INFORMATION: Special Accommodations This meeting is physically accessible to people with disabilities. Requests for auxiliary aids should be directed to Mr. Kris Kleinschmidt at (503) 820–2280 at least 5 days prior to the webinar date. E:\FR\FM\10JAN1.SGM 10JAN1

Agencies

[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Notices]
[Pages 1831-1832]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00260]


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

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket No.: 130212127-3999-04]


Proposed Establishment of a Federally Funded Research and 
Development Center

AGENCY: National Institute of Standards and Technology (NIST), 
Commerce.

ACTION: Notice.

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

SUMMARY: The National Institute of Standards and Technology (NIST), 
Department of Commerce, intends to sponsor a Federally Funded Research 
and Development Center (FFRDC) to facilitate public-private 
collaboration for accelerating the widespread adoption of integrated 
cybersecurity tools and technologies. NIST published three notices in 
the Federal Register advising the public of the agency's intention to 
sponsor an FFRDC and requesting comments from the public. This notice 
provides NIST's analysis of the comments related to NIST's proposed 
establishment of the FFRDC received in response to those notices. These 
responses, as well as NIST's responses to the many acquisition-related 
comments and questions received in response to the three notices will 
be posted on FedBizOpps.

DATES: NIST published portions of a draft Request for Proposals for 
public comment in December 2013.

ADDRESSES: NIST's responses to acquisition-related comments and 
question and the draft Request for Proposals will be published for 
public comment at www.fbo.gov.

FOR FURTHER INFORMATION CONTACT: Keith Bubar via email at 
Keith.Bubar@nist.gov or telephone 301-975-8329 or Keith Bubar, NIST, 
100 Bureau Drive, Mail Stop 1640, Gaithersburg, MD 20899-1640.

SUPPLEMENTARY INFORMATION: NIST has identified the need to support the 
mission of the National Cybersecurity Center of Excellence (NCCoE) 
through the establishment of an FFRDC. In evaluating the need for the 
FFRDC, NIST determined that no existing alternative sources can 
effectively meet the unique needs of NIST. The proposed NCCoE FFRDC 
will have three primary purposes: (1) Research, Development, 
Engineering and Technical support; (2) Program/Project Management 
focused on increasing the effectiveness and efficiency of cybersecurity 
applications, prototyping, demonstrations, and technical activities; 
and (3) Facilities Management. The proposed NCCoE FFRDC may also be 
utilized by other federal agencies.
    The FFRDC will be established under the regulations found at 48 CFR 
35.017.
    Comments Received and Responses: The following is a summary and 
analysis of the comments received during the public comment period and 
NIST's responses to them. NIST received comments from a total of 46 
commenters. NIST received three comments opposed to establishing the 
proposed FFRDC. In addition, NIST received two comments opposed to 
government spending in general, but not specifically directed toward 
the proposed FFRDC. Finally, NIST received a total of 73 additional 
comments/questions from 43 commenters, centered on the proposed 
acquisition and other related topics.
    A summary of the public comments opposing the establishment of the 
FFRDC, along with NIST's responses to each, are as follows:
    Comment: Two commenters stated that hundreds of private sector 
firms are capable of performing the tasks described in the notice.
    Response: NIST is aware of the vast cybersecurity research, 
development, engineering, technical, program/project management and 
facilities management capabilities available in the private sector. The 
NCCoE meets its unique mission of increasing the rate of adoption of 
more secure technologies by establishing broad consortia of academic, 
government, and private sector organizations whose engineers work side-
by-side at the center. While potentially having the appropriate 
technical capabilities, private sector firms motivated by profit and 
future competitive opportunities would not provide the same level of 
objectivity as an organization managing an FFRDC.
    Comment: One commenter stated that a Request for Information or 
draft Request for Proposals (RFP) would likely yield numerous responses 
from qualified private sector firms.
    Response: NIST intends to publish a draft RFP to allow prospective 
offerors an opportunity to ask questions and provide comments.
    Comment: Two commenters stated that any concerns about 
organizational conflicts of interest within the private sector can be 
resolved through industry divestitures and other methods, and can be 
fully addressed and prevented through provisions in the current 
acquisition system.
    Response: As established under the Federal Acquisition Regulation 
(FAR), FFRDCs are designed to prevent potential conflicts of interest 
from occurring and to allow for the independence and objectivity 
necessary to collaborate effectively with a broad consortium of 
technical organizations. By establishing an FFRDC, potential conflicts 
of interest will be avoided as the FFRDC operator will not be motivated 
by potential competitive advantages or profit, ensuring a level playing 
field for all collaborators on NCCoE activities. The FFRDC operator 
could potentially have access to the intellectual property of a large 
number of possibly competing companies collaborating on NCCoE 
activities. The

[[Page 1832]]

access to intellectual property of many companies could present 
conflicts of interest for an organization that does not meet the 
provisions of FAR 35.017(a)(3).
    Comment: One commenter stated that NIST has not adequately 
demonstrated that there are no existing contract vehicles or FFRDCs 
available to meet its needs.
    Response: Through conducting market research, NIST determined that 
neither a standard services contractor nor an existing FFRDC can 
adequately meet NIST's requirement for supporting the NCCoE. Review of 
the 40 existing FFRDCs indicated that only one incorporated 
cybersecurity in its mission and vision statement, Carnegie Mellon 
Software Engineering Institute (SEI), sponsored by the U.S. Army. SEI's 
stated mission is to ``advance the technologies and practices needed to 
acquire, develop, operate, and sustain software systems that are 
innovative, affordable, trustworthy, and enduring.'' SEI identifies its 
competencies as including software engineering and research, computer 
security, emerging software technologies, and acquisition solutions. 
SEI's mission statement and the focus of its current staff are 
significantly narrower than the NCCoE's requirement to execute applied 
research and collaborate with industry, academia, and government to 
accelerate the adoption of solutions based on existing commercial-off-
the-shelf products. The use of SEI to support the mission of the NCCoE 
would result in a significant limitation on the range of services that 
could be performed and the range of use cases to be undertaken.
    Comment: Two commenters stated that NIST has not clearly stated the 
basis, purpose and mission of the FFRDC.
    Response: In the forthcoming draft RFP, NIST will articulate its 
requirement for the FFRDC with greater specificity, and prospective 
offerors will have the opportunity to ask questions and submit 
comments.
    Comment: One commenter stated that creating a new FFRDC would 
expose NIST to significant cost vulnerabilities and potential criticism 
from Congress and others.
    Response: The competition for an Indefinite Delivery Indefinite 
Quantity (IDIQ) contract, the contracting mechanism to be used for the 
FFRDC, occurs at the base contract level. The nature of an IDIQ 
contract does allow for future actions within the scope of the contract 
to be awarded without further competition. However, NIST will review 
the scope of work thoroughly to identify areas that require 
clarification prior to release of the RFP, and the IDIQ contract will 
be competed to the maximum extent practicable. NIST will negotiate the 
cost, terms and conditions of all task orders with the FFRDC operator 
before performance commences. By using a task order based IDIQ 
contract, NIST will balance scope and cost control while allowing for 
the flexibility to address the needs of the NCCoE.
    NIST has posted a notice to the Federal Business Opportunities 
(FBO) Web site with the official responses to each comment received in 
response to the previous three Federal Register notices, including 
those comments summarized above. The FBO Reference Number for this 
notice is NCCoE--FFRDC-FRN--4. NIST published portions of a draft 
Request for Proposals for public comment in December 2013.

    Dated: January 6, 2014.
Willie E. May,
Associate Director for Laboratory Programs.
[FR Doc. 2014-00260 Filed 1-9-14; 8:45 am]
BILLING CODE 3510-13-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.