Applications for New Awards; Shuttered Venue Operators Grants (SVOG), 16270-16274 [2021-06338]
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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–428, OMB Control No.
3235–0478]
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
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Extension:
Rule 11a1–1(T)
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the existing collection of information
provided for in Rule 11a1–1(T) (17 CFR
240.11a1–1(T)), under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.) (‘‘Exchange Act’’). The
Commission plans to submit this
existing collection of information to the
Office of Management and Budget
(‘‘OMB’’) for extension and approval.
On January 27, 1976, the Commission
adopted Rule 11a1–1(T)—Transactions
Yielding Priority, Parity, and
Precedence (17 CFR 240.11a1–1(T))
under the Exchange Act (15 U.S.C. 78a
et seq.) to exempt certain transactions of
exchange members for their own
accounts that would otherwise be
prohibited under Section 11(a) of the
Exchange Act. The Rule provides that a
member’s proprietary order may be
executed on the exchange of which the
trader is a member, if, among other
things: (1) The member discloses that a
bid or offer for its account is for its
account to any member with whom
such bid or offer is placed or to whom
it is communicated; (2) any such
member through whom that bid or offer
is communicated discloses to others
participating in effecting the order that
it is for the account of a member; and
(3) immediately before executing the
order, a member (other than a specialist
in such security) presenting any order
for the account of a member on the
exchange clearly announces or
otherwise indicates to the specialist and
to other members then present that he
is presenting an order for the account of
a member.
Without these requirements, it would
not be possible for the Commission to
monitor its mandate under the Exchange
Act to promote fair and orderly markets
and ensure that exchange members
have, as the principle purpose of their
exchange memberships, the conduct of
a public securities business.
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There are approximately 538
respondents that require an aggregate
total of approximately 15 hours per year
to comply with this Rule. Each of these
approximately 538 respondents makes
an estimated 20 annual responses, for an
aggregate of 10,760 responses per year.
Each response takes approximately 5
seconds to complete. Thus, the total
compliance burden per year is
approximately 15 hours (10,760 × 5
seconds/60 seconds per minute/60
minutes per hour = 15 hours). The
approximate internal cost of compliance
per hour is approximately $355,
resulting in a total internal cost of
compliance of approximately $5,325 per
year (15 hours @ $355).
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
(b) the accuracy of the Commission’s
estimates of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
Please direct your written comments
to: David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Cynthia
Roscoe, 100 F Street NE, Washington,
DC 20549, or send an email to: PRA_
Mailbox@sec.gov.
Dated: March 22, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–06241 Filed 3–25–21; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Applications for New Awards;
Shuttered Venue Operators Grants
(SVOG)
U.S. Small Business
Administration.
ACTION: Notice of funding opportunity.
AGENCY:
The U.S. Small Business
Administration (SBA) issues a notice
SUMMARY:
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inviting applications for new awards for
fiscal year (FY) 2021 for SVOG, Catalog
of Federal Domestic Assistance (CFDA)
number 59.075. This notice relates to
the approved information collection
under OMB control number 4040–0004.
DATES:
Applications Available: April 8, 2021.
Deadline for Transmittal of
Applications: The SBA will receive and
process applications on a rolling basis,
and submission will remain available
until funds become exhausted.
Pre-application webinar information:
The SBA held a pre-application
meeting, via webinar, for prospective
applicants on January 14, 2021, Eastern
time. The webinar is available for
viewing at https://www.youtube.com/
watch?v=PdfQGb6z-gg.
The SBA will hold a second webinar
on March 30, 2021 and will make
information available on the webinar at
www.sba.gov/svogrant.
ADDRESSES: The SBA will only accept
applications submitted electronically
through the SBA’s website via the
following link: www.sba.gov/svogrant.
FOR FURTHER INFORMATION CONTACT:
Barbara E. Carson, U.S. Small Business
Administration, 409 Third Street SW,
Washington, DC 20416. Telephone:
(800) 659–2955. Email: SVOGrant@
sba.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program 1: The Economic
Aid to Hard-Hit Small Businesses,
Nonprofits and Venues Act signed into
law on December 27, 2020 included $15
billion in grants to operators of
shuttered venues, which the SBA’s
Office of Disaster Assistance will
administer. On March 11, 2021, the
American Rescue Plan Act of 2021 (Pub.
L. 117–2, title V, sec. 5005) was enacted;
it provides an additional $1,249,500,000
in grants for these entities. Of this total
grant funding, at least $2 billion is
reserved for applicants with up to 50
full-time employees. Grants of up to $10
million will be disbursed to eligible
entities in accordance with
requirements set forth in 2 CFR part
200, as applicable. This guidance
explains the rules associated with the
use of federal grant funds.
1 The terms in the text of this notice that are in
italics are defined in the Definitions section.
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Background: Under the SVOG
Program, an eligible entity that was in
operation on January 1, 2019 may
qualify for grants equal to the lesser of
an amount equal to 45% of its gross
earned revenue or $10 million. Eligible
entities that began operations after
January 1, 2019, may qualify for grants
equal to the lesser of the average
monthly gross revenue for each full
month the entity was in operation
during 2019 multiplied by 6 OR $10
million. The maximum award amount is
$10 million. No less than $2 billion of
the total program is reserved for small
employers who meet the eligibility
requirements and have not more than 50
full-time employees.
The SBA will receive and process
awards on a rolling basis to ensure that
those entities hardest hit by the COVID–
19 pandemic are granted an opportunity
to access this much-needed assistance.
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Priorities
First Priority: Applicants who lost
90% or more of their revenue between
April 2020 and December 2020, due to
the COVID–19 pandemic.
Second Priority: Entities that lost 70%
or more of their revenue between April
2020 and December 2020, due to the
COVID–19 pandemic.
Third Priority: Entities that suffered a
25% or greater revenue loss between
any one quarter of 2019 and the
corresponding quarter of 2020.
Definitions
Cover Charges means charges to
encompass front door entrance fees,
food or beverage minimums, or other
similar charges required to gain
admission to a venue, whether collected
via ticket sales, addition to a tab, or
direct payment.
Covered Mortgage Obligation means a
debt obligation that is an obligation of
the borrower, including a related
mortgage on real or personal property,
and that was entered into before
February 15, 2020.
Covered Rent Obligation means rent
obligated under a leasing agreement in
force before February 15, 2020.
Covered Utility Obligation means
electricity, gas, water, transportation,
telephone, or internet access expenses
for which service began before February
15, 2020.
Covered Worker Protection
Expenditures means an operating or a
capital expenditure to facilitate the
adaptation of the business activities of
an entity to comply with requirements
established or guidance issued by the
Department of Health and Human
Services, the Centers for Disease
Control, or the Occupational Safety and
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Health Administration, or any
equivalent requirements established or
guidance issued by a state or local
government, during the period
beginning on March 1, 2020 and ending
on December 32, 2021.
Eligible Person or Entity is a: Live
venue operator or promoter, theatrical
producer, or live performing arts
organization operator, a relevant
museum operator, a motion picture
theatre operator, or a talent
representative that meets the relevant
facility and category requirements
related to its entity type in addition to
the following eligibility requirements:
1. The eligible entity was fully
operational (including in a pre-opening,
start-up capacity) as an eligible entity on
February 29, 2020, and
2. The eligible entity had gross earned
revenue during the first, second, third,
or fourth quarter in 2020 that
demonstrates not less than a 25%
reduction from the gross earned revenue
of the eligible entity during the same
quarter in 2019. Firms not in operation
in 2019 may qualify for an SVOG if their
gross earned revenues for the second,
third, or fourth quarter of 2020
demonstrate a reduction of not less than
25% from their gross earned revenue for
the first quarter of 2020.
3. As of the date of the grant under
this section—
a. the live venue operator or promoter,
theatrical producer, or live performing
arts organization operator is or intends
to resume organizing, promoting,
producing, managing, or hosting future
live concerts, comedy shows, theatrical
productions, or other performing arts
events;
b. the motion picture theatre operator
is open or intends to reopen for the
primary purpose of public exhibition of
motion pictures;
c. the relevant museum operator is
open or intends to reopen; or
d. the talent representative is
representing or managing artists and
entertainers.
4. The venues at which the live venue
operators or promoters, theatrical
producers, or live performing arts
organization operators stage events, or
at which the artists and entertainers
represented or managed by the talent
representative perform, have the
following characteristics:
a. A defined performance and
audience space, and
b. Mixing equipment, a public address
system, and a lighting rig.
c. Engage 1 or more individuals to
carry out at least 2 of the following
roles:
(1) A sound engineer;
(2) A booker;
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(3) A promoter;
(4) A stage manager;
(5) Security personnel; or
(6) A box office manager.
d. Most performances and artists are
paid fairly and do not play for free or
solely for tips, except for fundraisers or
similar charitable events.
e. For a venue owned or operated by
a nonprofit entity that produces free
events, the events are produced and
managed primarily by paid employees,
not by volunteers.
f. Performances are marketed through
listings in printed or electronic
publications, on websites, by mass
email, or on social media.
5. A motion picture theater or theaters
operated by the motion picture theatre
operator have the following
characteristics:
a. At least 1 auditorium that includes
a motion picture screen and fixed
audience seating.
b. A projection booth or space
containing not less than 1 motion
picture projector.
c. A paid ticket charge to attend
exhibition of motion pictures.
d. Motion picture exhibitions are
marketed through showtime listings in
printed or electronic publications, on
websites, by mass mail, or on social
media.
6. The relevant museum (s) for which
the relevant museum operator is seeking
a grant under this section have the
following characteristics:
a. Serves as a relevant museum as its
principal business activity.
b. Uses indoor exhibition spaces that
are a component of the principal
business activity and which have been
subjected to pandemic-related
occupancy restrictions.
c. Uses at least 1 auditorium, theater,
or performance or lecture hall with
fixed audience seating and regular
programming.
Fixed Seating means seating that is
permanently fixed to the floor or
ground, or which is so heavy or
cumbersome as to make removing it
impractical. Where fixed seating is
required for an auditorium or similar
space, a majority of the seating provided
in that space must meet the definition
of fixed seating.
Full-time employee means—
1. any employee working not fewer
than 30 hours per week shall be
considered a full-time employee; and
2. any employee working not fewer
than 10 hours and fewer than 30 hours
per week shall be counted as one-half of
a full-time employee.
Live Venue Operator or Promoter,
Theatrical Producer or Live Performing
Arts Organization Operator
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1. means—
a. an individual or entity—
(1) that, as a principal business
activity, organizes, promotes, produces,
manages, or hosts live concerts, comedy
shows, theatrical productions, or other
events by performing artists for which—
(a) a cover charge through ticketing or
front door entrance fee is applied; and
(b) performers are paid in an amount
that is based on a percentage of sales, a
guarantee (in writing or standard
contract), or another mutually-beneficial
formal agreement, and (2) for which not
less than 70% of the earned revenue of
the individual or entity is generated
through, to the extent related to a live
event cover described in subclause a(1)
of this section, cover charges or ticket
sales, production fees or production
reimbursements, nonprofit educational
initiatives, or the sale of event
beverages, food, or merchandise; or
b. an individual or entity that, as a
principal business activity, makes
available for purchase by the public an
average of not less than 60 days before
the date of the event tickets to events—
(1) described in subclause a(1) of this
section; and
(2) for which performers are paid in
an amount that is based on a percentage
of sales, a guarantee (in writing or
standard contract), or another mutually
beneficial formal agreement; and
2. includes an individual or entity
described in subparagraph 1 of this
section that- a. operates for profit;
b. is a nonprofit organization;
c. is government-owned; or
d. is a corporation, limited liability
company, or partnership or operated as
a sole proprietorship.
Majority Owned or Controlled means
that at least 51% of the ownership
interests in an entity (regardless of its
legal structure) are held by a single
individual or entity.
Motion Picture Theatre Operator
means an individual or entity that—
1. as the principal business activity of
the individual or entity, owns or
operates at least 1 place of public
accommodation for the purpose of
motion picture exhibition for a fee; and
2. includes an individual or entity
described in subparagraph 1 that—
a. operates for profit;
b. is a nonprofit organization;
c. is government-owned; or
d. is a corporation, limited liability
company, or partnership or operated as
a sole proprietorship.
Principal Business Activity is
determined using a firm’s primary
industry under the SBA size regulations
(13 CFR 121.107) to define ‘‘principal
business activity.’’ To determine a given
firm’s principal business activity, the
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SBA will consider the distribution of an
entity’s receipts, employees and costs of
doing business among the different lines
of business activity in which its
business operations occurred for the
most recently completed fiscal year. The
SBA may also consider other factors,
such as the distribution of patents,
contract awards, and assets, as
appropriate.
Regular Programming means
programming provided on an ongoing
and near-continuous basis of an average
of at least four times a month.
Relevant Museum means a public or
private nonprofit agency or institution
organized on a permanent basis for
essentially educational or aesthetic
purposes, that utilizes a professional
staff, owns or utilizes tangible objects,
cares for the tangible objects, and
exhibits the tangible objects to the
public on a regular basis. Such term
includes museums that have tangible
and digital collections and includes
aquariums, arboretums, botanical
gardens, art museums, children’s
museums, general museums, historic
houses and sites, history museums,
nature centers, natural history and
anthropology museums, planetariums,
science and technology centers,
specialized museums, and zoological
parks.
Application Requirements
Applications for SVOG funds must
address the following application
requirements and the application must
include the following supporting
documentation—
1. Certification of Need and
Assurance—All entities shall include an
assurance that the entity was fully
operational on February 29, 2020 and
that the funds will only be used for the
allowable purposes established by law.
This statement is required by statute
and must include the following:
a. If the entity is currently in
operation, the entity will remain in
operation after receipt of the funds; or
b. If the entity is currently shuttered,
the statement shall include the intent to
reopen with an estimated date of
reopening.
2. 2019 Federal Tax Returns;
3. 2020 Federal Tax Returns—Entities
are required to submit 2020 Federal tax
returns with their applications. If an
entity has not filed 2020 Federal tax
returns at the time of application, and
if the entity is awarded an SVOG and
the due date for the entity’s 2020 tax
returns has passed, the entity must
submit 2020 Federal tax returns after the
first disbursement. If an entity’s 2020
tax returns are not yet due, the entity
must provide 2018 and 2019 taxes at the
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time of application and 2020 taxes as
soon as practicable after filing 2020
taxes.
4. Employee List with Job Titles and
Employee Status (Full or Part time);
5. Quarterly Profit and Loss
Statements for 2019 and 2020;
6. Articles of Incorporation, Bylaws
and DBA Certificate (if applicable);
7. Income Statements for 2019 and
2020;
8. Copy of most recent Audited
Financial Statement (2019) or Single
Audit (if applicable) or link to website
where the report can be located;
9. Tax Exempt Status Letter
(applicable only for Non-profit entities);
10. Listing of all Individuals
Represented and Venues for which they
have contracted to perform (applicable
only for Talent Representatives);
11. Examples of Contractual/
Consultant Agreements with talent
represented, and venues used and
evidence of booking (This applies only
for Talent Representatives);
12. State or Local COVID Occupancy
Restrictions (applicable only for
Museum Operators);
13. Floor Plan (and plan of grounds if
outdoor space is used for the
performance venue). The floor plan
must demonstrate the location of the
defined performance space. Applicants
must provide the floor plan that is used
for insurance purposes or local fire
inspections. In the case of motion
picture theatre operators, the floor plan
must also identify the projection booth.
(This applies only to Live Venue
Operator or Promoter, Theatrical
Producer, or Live Performing Arts
Organization Operator (Excluding
Freelancers); Motion Picture Theatre
Operators; Relevant Museums);
14. Evidence of Marketing (applicable
only for Live Venue Operator or
Promoter, Theatrical Producer, or Live
Performing Arts Organization Operator
(Excluding Freelancers); Motion Picture
Theatre Operators; Relevant Museums)
Entities that remain open must provide
their most recent marketing materials.
Those entities that closed due to the
COVID–19 pandemic must provide the
most recent marketing materials used
prior to closing.
15. Indirect Cost Rate Agreement from
Cognizant Agency (if applicable). If the
entity does not have a current
negotiated indirect cost rate in place,
the entity may negotiate a proposed
indirect cost rate. If the entity has never
had a negotiated cost rate agreement, the
10% de minimis rate may be utilized, in
accordance with the procedures set
forth in 2 CFR 200.414. If the entity has
an indirect cost rate agreement from a
cognizant agency, a copy of that
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agreement must be included in the
application.
Assurances: All applicants must
submit assurances through the
application process. The assurances
include the Standard 424 (b), SBA Form
1711—Certification Regarding Lobbying
& Disclosure of Lobbying Activities,
SBA Form 1623—Debarment and
Suspension, a Drug-free Workplace
Agreement, and certifications described
in section 324 of division N of the
Consolidated Appropriations Act, 2021
(Pub. L. 116–260).
Program Authority: Section 324 of
division N of the Consolidated
Appropriations Act, 2021 (Pub. L. 116–
260).
Applicable Regulations:
1. The Office of Management and
Budget Guidelines to Agencies on
Governmentwide Debarment and
Suspension (Nonprocurement) in 2 CFR
part 180, as adopted and amended as
regulations of the Agency in 2 CFR part
3485.
2. The Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards
in 2 CFR part 200, as adopted and
amended as regulations of the Agency in
2 CFR part 3474.
II. Award Information
Type of Award: Grants.
Estimated Available Funds:
$15,000,000,000. Contingent upon the
availability of funds and the quality of
applications, the SBA may make
supplemental awards in FY 2021.
Estimated Range of Awards:
$250,000—$10,000,000.
Estimated Average Size of Awards:
$1,000,000.
Maximum Award: No grant shall
exceed $10 million and the combined
grants of an entity and its subsidiaries
may not exceed $10 million. The SBA
will grant Initial Phase awards either to:
1. An eligible entity that was in
operation on January 1, 2019, the lesser
of an amount equal to 45% of their 2019
gross earned revenue; or
2. An eligible entity that began
operation after January 1, 2019, the
lesser of the average monthly gross
revenue for each full month the entity
was in operation during 2019 multiplied
by 6; or
3. $10 million.
Estimated Number of Awards: 15,000.
Note: The SBA is not bound by any
estimates in this notice.
Limits to Initial Grants to Affiliates:
Not more than 5 business entities of an
eligible person or entity that would be
considered affiliates under the
affiliation rules of the Administration
may receive a grant.
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Budget Period: Funding received
under this grant may be used for
allowable costs incurred during the
period beginning on March 1, 2020 and
ending on December 31, 2021.
III. Eligibility Information
1. Eligible Entity: An eligible person or
entity is a live venue operator or
promoter, theatrical producer, or live
performing arts organization operator, a
relevant museum operator, a motion
picture theatre operator, or a talent
representative that meets the criteria
included in the definition of an eligible
person or entity.
2. Exclusions and Ineligible Entity: An
entity is determined ineligible if it has
any of the following characteristics:
a. Is a publicly-traded corporation
listed on a stock exchange.
b. Receive more than 10% of gross
revenue from Federal funding during
2019, excluding amounts received by
the eligible entity under the CARES Act
or the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
c. Is not majority owned or controlled
by an entity with all of the following
characteristics:
(1) Owning or operating eligible
entities in more than 1 country;
(2) Owning or operating eligible
entities in more than 10 States; and
(3) Employing more than 500 full-time
employees as of February 29, 2020.
d. Where an eligible entity is owned
by a State or a political subdivision of
a State, it—
(1) must function as the eligible
entity; and
(2) cannot include entities of the State
or political subdivision other than the
eligible entity.
e. The entity cannot present live
performance of a prurient or sexual
nature and cannot derive more than 5%
of its gross revenue, directly or
indirectly, from the sale of products or
services or the presentation of any
depictions or displays that are of a
prurient or sexual nature.
3. Cost Sharing or Matching: This
grant does not require cost sharing or
matching.
4. Subgrantees: A grantee under this
program may not award subgrants.
IV. Application and Submission
Instructions
1. Application Submission
Instructions: All applications for this
grant will be submitted electronically
via SBA’s website. Please visit
www.sba.gov/svogrant for information
on how to submit an application.
2. Intergovernmental Review: This
program is not subject to Executive
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Order 12372 and the regulations in 34
CFR part 79.
3. Funding Uses: Grantees under this
program must only use the grant funds
for the following—
a. Payroll costs;
b. Payments on any covered rent
obligation;
c. Any covered utility payment;
d. Scheduled payments of interest or
principal on any covered mortgage
obligation (which shall not include any
prepayment of principal on a covered
mortgage obligation);
e. Scheduled payments of interest or
principal on any indebtedness or debt
instrument (which shall not include any
prepayment of principal) incurred in the
ordinary course of business that is a
liability of the eligible person or entity
and was incurred prior to February 15,
2020;
f. Covered worker protection
expenditures;
g. Payments made to independent
contractors, as reported on Form–1099
MISC, not to exceed a total of $100,000
in annual compensation for any
individual employee of an independent
contractor, and
h. Other ordinary and necessary
business expenses, including—
(1) Maintenance expenses,
(2) Administrative costs, including
fees and licensing costs,
(3) State and local taxes and fees,
(4) Operating leases in effect as of
February 15, 2020,
(5) Payments required for insurance
on any insurance policy, and
(6) Advertising, production
transportation, and capital expenditures
related to producing a theatrical or live
performing arts production, concert,
exhibition, or comedy show, except that
a grant under this section may not be
used primarily for such expenditures.
4. Funding Restrictions: An eligible
person or entity may not use amounts
received under a grant for the following
purposes:
(a) To purchase real estate;
(b) For payments of interest or
principal on loans originated after
February 15, 2020;
(c) To invest or re-lend funds;
(d) For contributions or expenditures
to, or on behalf of, any political party,
party committee, or candidate for
elective office; or
(e) For any other use as may be
prohibited by the Administrator.
V. Application Review Information
1. Review and Selection Process: The
SBA will review complete applications
in the order in which it receives them
based on the established priorities and
the availability of funds. The SBA may
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decline incomplete applications or
applications failing to provide required
documentation.
2. Risk Assessment and Specific
Conditions: Consistent with 2 CFR
200.205, before awarding grants under
this competition, the SBA conducts a
review of the risks posed by applicants.
Under 2 CFR 3474.10, the Administrator
may impose specific conditions and, in
appropriate circumstances, high-risk
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 2 CFR part 200, subpart D; has not
fulfilled the conditions of a prior grant;
or is otherwise not responsible.
3. Integrity and Performance System:
If you are selected under this
opportunity to receive an award that
over the course of the project period
may exceed the simplified acquisition
threshold (currently $250,000), under 2
CFR 200.205(a)(2), we must make a
judgment about your integrity, business
ethics, and record of performance under
Federal awards, that is, the risk posed
by you as an applicant—-before we
make an award. In doing so, we must
consider any information about you that
is in the integrity and performance
system (currently referred to as the
Federal Awardee Performance and
Integrity Information System (FAPIIS)),
accessible through the System for
Award Management. You may review
and comment on any information about
yourself that a Federal agency
previously entered and that is currently
in FAPIIS.
Please note that, if the total value of
your currently active grants, cooperative
agreements, and procurement contracts
from the Federal Government exceeds
$10,000,000, the reporting requirements
in 2 CFR part 200, appendix XII, require
you to report certain integrity
information to FAPIIS semiannually.
Please review the requirements in 2 CFR
part 200, appendix XII, if this grant plus
all the other Federal funds you receive
exceed $10,000,000.
khammond on DSKJM1Z7X2PROD with NOTICES
VI. Award Administration Information
1. Award Notices: If your application
is successful, we will notify you via
electronic correspondence containing a
link to access an electronic version of
your grant award notification.
If your application is not evaluated or
not selected for funding, we will notify
you.
2. Administrative and National Policy
Requirements: If awarded funds under
this grant, the recipient must agree to
cooperate with all financial monitoring
VerDate Sep<11>2014
17:14 Mar 25, 2021
Jkt 253001
and audit reviews conducted by SBA,
its agents, or contractors.
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 opportunity. This does not apply if
you have an exception under 2 CFR
170.110(b).
(b) After using all the funds awarded
to you, you must submit a final report,
including financial information, as
directed by the Administrator.
4. Documentation—Additional
documentation requirements that are
consistent with the eligibility and other
requirements under this NOFO,
including requiring an eligible person or
entity that receives a grant under this
funding opportunity to retain records
that document compliance with the
requirements for grants under this
program—
(a) with respect to employment
records, for the 4-year period following
receipt of the grant; and
(b) with respect to other records, for
the 3-year period following receipt of
the grant.
VII. 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 compact disc) by
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site, you can
view this document, as well as all other
documents of the SBA published in the
Federal Register, in text or Portable
Document Format (PDF). To use PDF,
you must have Adobe Acrobat Reader,
which is available for free at the site.
You can also access documents of the
SBA published in the Federal Register
by using the article search feature at:
www.federalregister.gov. Specifically,
through the advanced search feature at
this site, you can limit your search to
documents published by the SBA.
Dated: March 23, 2021.
Barbara E. Carson,
Deputy Associate Administrator, Office of
Disaster Assistance.
[FR Doc. 2021–06338 Filed 3–25–21; 8:45 am]
BILLING CODE 8026–03–P
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
DEPARTMENT OF STATE
[Public Notice: 11387]
Notice of Charter Renewal for the
Shipping Advisory Committee
The official designation of this
advisory committee is the Shipping
Coordinating Committee, hereinafter
referred to as ‘‘the Committee.’’
The Committee is established under
the general authority of the Secretary of
State and the Department of State (‘‘the
Department’’) as set forth in Title 22 of
the United States Code, in particular
Section 2656 of that Title, and
consistent with the Federal Advisory
Committee Act, as amended (5 U.S.C.
Appendix). The approval of this Charter
by the Acting Under Secretary of State
for Management constitutes a
determination by the Secretary of State
that this Committee Charter is in the
public interest in connection with the
performance of duties of the
Department.
In accordance with Public Law 92–
463, Section 14, it has been formally
determined to be in the public interest
to continue the Charter for another two
years. The Charter was filed on March
17, 2021.
For further information about the
Committee, please contact Jeremy
Greenwood, Executive Secretary,
Shipping Coordinating Committee, U.S.
Department of State, Office of Ocean
and Polar Affairs, at greenwoodjm@
state.gov or by telephone at (202) 647–
3946.
Jeremy M. Greenwood,
Executive Secretary, Shipping Coordinating
Committee, U.S. Department of State.
[FR Doc. 2021–06224 Filed 3–25–21; 8:45 am]
BILLING CODE 4710–09–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Highway in Idaho
Federal Highway
Administration (FHWA), Department of
Transportation.
ACTION: Notice of limitation on claims
for judicial review of actions by FHWA.
AGENCY:
This notice announces actions
taken by the FHWA that are final. The
actions relate to a proposed highway
project, U.S. 20 at Targhee Pass,
specifically the section between its
junction with Idaho State Highway 87
and the Montana State line, milepost
402.1 to 406.3 in Fremont County, State
SUMMARY:
E:\FR\FM\26MRN1.SGM
26MRN1
]]>Agencies
[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Notices]
[Pages 16270-16274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06338]
=======================================================================
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SMALL BUSINESS ADMINISTRATION
Applications for New Awards; Shuttered Venue Operators Grants
(SVOG)
AGENCY: U.S. Small Business Administration.
ACTION: Notice of funding opportunity.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) issues a notice
inviting applications for new awards for fiscal year (FY) 2021 for
SVOG, Catalog of Federal Domestic Assistance (CFDA) number 59.075. This
notice relates to the approved information collection under OMB control
number 4040-0004.
DATES:
Applications Available: April 8, 2021.
Deadline for Transmittal of Applications: The SBA will receive and
process applications on a rolling basis, and submission will remain
available until funds become exhausted.
Pre-application webinar information: The SBA held a pre-application
meeting, via webinar, for prospective applicants on January 14, 2021,
Eastern time. The webinar is available for viewing at https://www.youtube.com/watch?v=PdfQGb6z-gg.
The SBA will hold a second webinar on March 30, 2021 and will make
information available on the webinar at www.sba.gov/svogrant.
ADDRESSES: The SBA will only accept applications submitted
electronically through the SBA's website via the following link:
www.sba.gov/svogrant.
FOR FURTHER INFORMATION CONTACT: Barbara E. Carson, U.S. Small Business
Administration, 409 Third Street SW, Washington, DC 20416. Telephone:
(800) 659-2955. Email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program \1\: The Economic Aid to Hard-Hit Small
Businesses, Nonprofits and Venues Act signed into law on December 27,
2020 included $15 billion in grants to operators of shuttered venues,
which the SBA's Office of Disaster Assistance will administer. On March
11, 2021, the American Rescue Plan Act of 2021 (Pub. L. 117-2, title V,
sec. 5005) was enacted; it provides an additional $1,249,500,000 in
grants for these entities. Of this total grant funding, at least $2
billion is reserved for applicants with up to 50 full-time employees.
Grants of up to $10 million will be disbursed to eligible entities in
accordance with requirements set forth in 2 CFR part 200, as
applicable. This guidance explains the rules associated with the use of
federal grant funds.
---------------------------------------------------------------------------
\1\ The terms in the text of this notice that are in italics are
defined in the Definitions section.
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[[Page 16271]]
Background: Under the SVOG Program, an eligible entity that was in
operation on January 1, 2019 may qualify for grants equal to the lesser
of an amount equal to 45% of its gross earned revenue or $10 million.
Eligible entities that began operations after January 1, 2019, may
qualify for grants equal to the lesser of the average monthly gross
revenue for each full month the entity was in operation during 2019
multiplied by 6 OR $10 million. The maximum award amount is $10
million. No less than $2 billion of the total program is reserved for
small employers who meet the eligibility requirements and have not more
than 50 full-time employees.
The SBA will receive and process awards on a rolling basis to
ensure that those entities hardest hit by the COVID-19 pandemic are
granted an opportunity to access this much-needed assistance.
Priorities
First Priority: Applicants who lost 90% or more of their revenue
between April 2020 and December 2020, due to the COVID-19 pandemic.
Second Priority: Entities that lost 70% or more of their revenue
between April 2020 and December 2020, due to the COVID-19 pandemic.
Third Priority: Entities that suffered a 25% or greater revenue
loss between any one quarter of 2019 and the corresponding quarter of
2020.
Definitions
Cover Charges means charges to encompass front door entrance fees,
food or beverage minimums, or other similar charges required to gain
admission to a venue, whether collected via ticket sales, addition to a
tab, or direct payment.
Covered Mortgage Obligation means a debt obligation that is an
obligation of the borrower, including a related mortgage on real or
personal property, and that was entered into before February 15, 2020.
Covered Rent Obligation means rent obligated under a leasing
agreement in force before February 15, 2020.
Covered Utility Obligation means electricity, gas, water,
transportation, telephone, or internet access expenses for which
service began before February 15, 2020.
Covered Worker Protection Expenditures means an operating or a
capital expenditure to facilitate the adaptation of the business
activities of an entity to comply with requirements established or
guidance issued by the Department of Health and Human Services, the
Centers for Disease Control, or the Occupational Safety and Health
Administration, or any equivalent requirements established or guidance
issued by a state or local government, during the period beginning on
March 1, 2020 and ending on December 32, 2021.
Eligible Person or Entity is a: Live venue operator or promoter,
theatrical producer, or live performing arts organization operator, a
relevant museum operator, a motion picture theatre operator, or a
talent representative that meets the relevant facility and category
requirements related to its entity type in addition to the following
eligibility requirements:
1. The eligible entity was fully operational (including in a pre-
opening, start-up capacity) as an eligible entity on February 29, 2020,
and
2. The eligible entity had gross earned revenue during the first,
second, third, or fourth quarter in 2020 that demonstrates not less
than a 25% reduction from the gross earned revenue of the eligible
entity during the same quarter in 2019. Firms not in operation in 2019
may qualify for an SVOG if their gross earned revenues for the second,
third, or fourth quarter of 2020 demonstrate a reduction of not less
than 25% from their gross earned revenue for the first quarter of 2020.
3. As of the date of the grant under this section--
a. the live venue operator or promoter, theatrical producer, or
live performing arts organization operator is or intends to resume
organizing, promoting, producing, managing, or hosting future live
concerts, comedy shows, theatrical productions, or other performing
arts events;
b. the motion picture theatre operator is open or intends to reopen
for the primary purpose of public exhibition of motion pictures;
c. the relevant museum operator is open or intends to reopen; or
d. the talent representative is representing or managing artists
and entertainers.
4. The venues at which the live venue operators or promoters,
theatrical producers, or live performing arts organization operators
stage events, or at which the artists and entertainers represented or
managed by the talent representative perform, have the following
characteristics:
a. A defined performance and audience space, and
b. Mixing equipment, a public address system, and a lighting rig.
c. Engage 1 or more individuals to carry out at least 2 of the
following roles:
(1) A sound engineer;
(2) A booker;
(3) A promoter;
(4) A stage manager;
(5) Security personnel; or
(6) A box office manager.
d. Most performances and artists are paid fairly and do not play
for free or solely for tips, except for fundraisers or similar
charitable events.
e. For a venue owned or operated by a nonprofit entity that
produces free events, the events are produced and managed primarily by
paid employees, not by volunteers.
f. Performances are marketed through listings in printed or
electronic publications, on websites, by mass email, or on social
media.
5. A motion picture theater or theaters operated by the motion
picture theatre operator have the following characteristics:
a. At least 1 auditorium that includes a motion picture screen and
fixed audience seating.
b. A projection booth or space containing not less than 1 motion
picture projector.
c. A paid ticket charge to attend exhibition of motion pictures.
d. Motion picture exhibitions are marketed through showtime
listings in printed or electronic publications, on websites, by mass
mail, or on social media.
6. The relevant museum (s) for which the relevant museum operator
is seeking a grant under this section have the following
characteristics:
a. Serves as a relevant museum as its principal business activity.
b. Uses indoor exhibition spaces that are a component of the
principal business activity and which have been subjected to pandemic-
related occupancy restrictions.
c. Uses at least 1 auditorium, theater, or performance or lecture
hall with fixed audience seating and regular programming.
Fixed Seating means seating that is permanently fixed to the floor
or ground, or which is so heavy or cumbersome as to make removing it
impractical. Where fixed seating is required for an auditorium or
similar space, a majority of the seating provided in that space must
meet the definition of fixed seating.
Full-time employee means--
1. any employee working not fewer than 30 hours per week shall be
considered a full-time employee; and
2. any employee working not fewer than 10 hours and fewer than 30
hours per week shall be counted as one-half of a full-time employee.
Live Venue Operator or Promoter, Theatrical Producer or Live
Performing Arts Organization Operator
[[Page 16272]]
1. means--
a. an individual or entity--
(1) that, as a principal business activity, organizes, promotes,
produces, manages, or hosts live concerts, comedy shows, theatrical
productions, or other events by performing artists for which--
(a) a cover charge through ticketing or front door entrance fee is
applied; and
(b) performers are paid in an amount that is based on a percentage
of sales, a guarantee (in writing or standard contract), or another
mutually-beneficial formal agreement, and (2) for which not less than
70% of the earned revenue of the individual or entity is generated
through, to the extent related to a live event cover described in
subclause a(1) of this section, cover charges or ticket sales,
production fees or production reimbursements, nonprofit educational
initiatives, or the sale of event beverages, food, or merchandise; or
b. an individual or entity that, as a principal business activity,
makes available for purchase by the public an average of not less than
60 days before the date of the event tickets to events--
(1) described in subclause a(1) of this section; and
(2) for which performers are paid in an amount that is based on a
percentage of sales, a guarantee (in writing or standard contract), or
another mutually beneficial formal agreement; and
2. includes an individual or entity described in subparagraph 1 of
this section that- a. operates for profit;
b. is a nonprofit organization;
c. is government-owned; or
d. is a corporation, limited liability company, or partnership or
operated as a sole proprietorship.
Majority Owned or Controlled means that at least 51% of the
ownership interests in an entity (regardless of its legal structure)
are held by a single individual or entity.
Motion Picture Theatre Operator means an individual or entity
that--
1. as the principal business activity of the individual or entity,
owns or operates at least 1 place of public accommodation for the
purpose of motion picture exhibition for a fee; and
2. includes an individual or entity described in subparagraph 1
that--
a. operates for profit;
b. is a nonprofit organization;
c. is government-owned; or
d. is a corporation, limited liability company, or partnership or
operated as a sole proprietorship.
Principal Business Activity is determined using a firm's primary
industry under the SBA size regulations (13 CFR 121.107) to define
``principal business activity.'' To determine a given firm's principal
business activity, the SBA will consider the distribution of an
entity's receipts, employees and costs of doing business among the
different lines of business activity in which its business operations
occurred for the most recently completed fiscal year. The SBA may also
consider other factors, such as the distribution of patents, contract
awards, and assets, as appropriate.
Regular Programming means programming provided on an ongoing and
near-continuous basis of an average of at least four times a month.
Relevant Museum means a public or private nonprofit agency or
institution organized on a permanent basis for essentially educational
or aesthetic purposes, that utilizes a professional staff, owns or
utilizes tangible objects, cares for the tangible objects, and exhibits
the tangible objects to the public on a regular basis. Such term
includes museums that have tangible and digital collections and
includes aquariums, arboretums, botanical gardens, art museums,
children's museums, general museums, historic houses and sites, history
museums, nature centers, natural history and anthropology museums,
planetariums, science and technology centers, specialized museums, and
zoological parks.
Application Requirements
Applications for SVOG funds must address the following application
requirements and the application must include the following supporting
documentation--
1. Certification of Need and Assurance--All entities shall include
an assurance that the entity was fully operational on February 29, 2020
and that the funds will only be used for the allowable purposes
established by law. This statement is required by statute and must
include the following:
a. If the entity is currently in operation, the entity will remain
in operation after receipt of the funds; or
b. If the entity is currently shuttered, the statement shall
include the intent to reopen with an estimated date of reopening.
2. 2019 Federal Tax Returns;
3. 2020 Federal Tax Returns--Entities are required to submit 2020
Federal tax returns with their applications. If an entity has not filed
2020 Federal tax returns at the time of application, and if the entity
is awarded an SVOG and the due date for the entity's 2020 tax returns
has passed, the entity must submit 2020 Federal tax returns after the
first disbursement. If an entity's 2020 tax returns are not yet due,
the entity must provide 2018 and 2019 taxes at the time of application
and 2020 taxes as soon as practicable after filing 2020 taxes.
4. Employee List with Job Titles and Employee Status (Full or Part
time);
5. Quarterly Profit and Loss Statements for 2019 and 2020;
6. Articles of Incorporation, Bylaws and DBA Certificate (if
applicable);
7. Income Statements for 2019 and 2020;
8. Copy of most recent Audited Financial Statement (2019) or Single
Audit (if applicable) or link to website where the report can be
located;
9. Tax Exempt Status Letter (applicable only for Non-profit
entities);
10. Listing of all Individuals Represented and Venues for which
they have contracted to perform (applicable only for Talent
Representatives);
11. Examples of Contractual/Consultant Agreements with talent
represented, and venues used and evidence of booking (This applies only
for Talent Representatives);
12. State or Local COVID Occupancy Restrictions (applicable only
for Museum Operators);
13. Floor Plan (and plan of grounds if outdoor space is used for
the performance venue). The floor plan must demonstrate the location of
the defined performance space. Applicants must provide the floor plan
that is used for insurance purposes or local fire inspections. In the
case of motion picture theatre operators, the floor plan must also
identify the projection booth. (This applies only to Live Venue
Operator or Promoter, Theatrical Producer, or Live Performing Arts
Organization Operator (Excluding Freelancers); Motion Picture Theatre
Operators; Relevant Museums);
14. Evidence of Marketing (applicable only for Live Venue Operator
or Promoter, Theatrical Producer, or Live Performing Arts Organization
Operator (Excluding Freelancers); Motion Picture Theatre Operators;
Relevant Museums) Entities that remain open must provide their most
recent marketing materials. Those entities that closed due to the
COVID-19 pandemic must provide the most recent marketing materials used
prior to closing.
15. Indirect Cost Rate Agreement from Cognizant Agency (if
applicable). If the entity does not have a current negotiated indirect
cost rate in place, the entity may negotiate a proposed indirect cost
rate. If the entity has never had a negotiated cost rate agreement, the
10% de minimis rate may be utilized, in accordance with the procedures
set forth in 2 CFR 200.414. If the entity has an indirect cost rate
agreement from a cognizant agency, a copy of that
[[Page 16273]]
agreement must be included in the application.
Assurances: All applicants must submit assurances through the
application process. The assurances include the Standard 424 (b), SBA
Form 1711--Certification Regarding Lobbying & Disclosure of Lobbying
Activities, SBA Form 1623--Debarment and Suspension, a Drug-free
Workplace Agreement, and certifications described in section 324 of
division N of the Consolidated Appropriations Act, 2021 (Pub. L. 116-
260).
Program Authority: Section 324 of division N of the Consolidated
Appropriations Act, 2021 (Pub. L. 116-260).
Applicable Regulations:
1. The Office of Management and Budget Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part
180, as adopted and amended as regulations of the Agency in 2 CFR part
3485.
2. The Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and
amended as regulations of the Agency in 2 CFR part 3474.
II. Award Information
Type of Award: Grants.
Estimated Available Funds: $15,000,000,000. Contingent upon the
availability of funds and the quality of applications, the SBA may make
supplemental awards in FY 2021.
Estimated Range of Awards: $250,000--$10,000,000.
Estimated Average Size of Awards: $1,000,000.
Maximum Award: No grant shall exceed $10 million and the combined
grants of an entity and its subsidiaries may not exceed $10 million.
The SBA will grant Initial Phase awards either to:
1. An eligible entity that was in operation on January 1, 2019, the
lesser of an amount equal to 45% of their 2019 gross earned revenue; or
2. An eligible entity that began operation after January 1, 2019,
the lesser of the average monthly gross revenue for each full month the
entity was in operation during 2019 multiplied by 6; or
3. $10 million.
Estimated Number of Awards: 15,000.
Note: The SBA is not bound by any estimates in this notice.
Limits to Initial Grants to Affiliates: Not more than 5 business
entities of an eligible person or entity that would be considered
affiliates under the affiliation rules of the Administration may
receive a grant.
Budget Period: Funding received under this grant may be used for
allowable costs incurred during the period beginning on March 1, 2020
and ending on December 31, 2021.
III. Eligibility Information
1. Eligible Entity: An eligible person or entity is a live venue
operator or promoter, theatrical producer, or live performing arts
organization operator, a relevant museum operator, a motion picture
theatre operator, or a talent representative that meets the criteria
included in the definition of an eligible person or entity.
2. Exclusions and Ineligible Entity: An entity is determined
ineligible if it has any of the following characteristics:
a. Is a publicly-traded corporation listed on a stock exchange.
b. Receive more than 10% of gross revenue from Federal funding
during 2019, excluding amounts received by the eligible entity under
the CARES Act or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
c. Is not majority owned or controlled by an entity with all of the
following characteristics:
(1) Owning or operating eligible entities in more than 1 country;
(2) Owning or operating eligible entities in more than 10 States;
and
(3) Employing more than 500 full-time employees as of February 29,
2020.
d. Where an eligible entity is owned by a State or a political
subdivision of a State, it--
(1) must function as the eligible entity; and
(2) cannot include entities of the State or political subdivision
other than the eligible entity.
e. The entity cannot present live performance of a prurient or
sexual nature and cannot derive more than 5% of its gross revenue,
directly or indirectly, from the sale of products or services or the
presentation of any depictions or displays that are of a prurient or
sexual nature.
3. Cost Sharing or Matching: This grant does not require cost
sharing or matching.
4. Subgrantees: A grantee under this program may not award
subgrants.
IV. Application and Submission Instructions
1. Application Submission Instructions: All applications for this
grant will be submitted electronically via SBA's website. Please visit
www.sba.gov/svogrant for information on how to submit an application.
2. Intergovernmental Review: This program is not subject to
Executive Order 12372 and the regulations in 34 CFR part 79.
3. Funding Uses: Grantees under this program must only use the
grant funds for the following--
a. Payroll costs;
b. Payments on any covered rent obligation;
c. Any covered utility payment;
d. Scheduled payments of interest or principal on any covered
mortgage obligation (which shall not include any prepayment of
principal on a covered mortgage obligation);
e. Scheduled payments of interest or principal on any indebtedness
or debt instrument (which shall not include any prepayment of
principal) incurred in the ordinary course of business that is a
liability of the eligible person or entity and was incurred prior to
February 15, 2020;
f. Covered worker protection expenditures;
g. Payments made to independent contractors, as reported on Form-
1099 MISC, not to exceed a total of $100,000 in annual compensation for
any individual employee of an independent contractor, and
h. Other ordinary and necessary business expenses, including--
(1) Maintenance expenses,
(2) Administrative costs, including fees and licensing costs,
(3) State and local taxes and fees,
(4) Operating leases in effect as of February 15, 2020,
(5) Payments required for insurance on any insurance policy, and
(6) Advertising, production transportation, and capital
expenditures related to producing a theatrical or live performing arts
production, concert, exhibition, or comedy show, except that a grant
under this section may not be used primarily for such expenditures.
4. Funding Restrictions: An eligible person or entity may not use
amounts received under a grant for the following purposes:
(a) To purchase real estate;
(b) For payments of interest or principal on loans originated after
February 15, 2020;
(c) To invest or re-lend funds;
(d) For contributions or expenditures to, or on behalf of, any
political party, party committee, or candidate for elective office; or
(e) For any other use as may be prohibited by the Administrator.
V. Application Review Information
1. Review and Selection Process: The SBA will review complete
applications in the order in which it receives them based on the
established priorities and the availability of funds. The SBA may
[[Page 16274]]
decline incomplete applications or applications failing to provide
required documentation.
2. Risk Assessment and Specific Conditions: Consistent with 2 CFR
200.205, before awarding grants under this competition, the SBA
conducts a review of the risks posed by applicants. Under 2 CFR
3474.10, the Administrator may impose specific conditions and, in
appropriate circumstances, high-risk 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 2 CFR part 200, subpart D; has not
fulfilled the conditions of a prior grant; or is otherwise not
responsible.
3. Integrity and Performance System: If you are selected under this
opportunity to receive an award that over the course of the project
period may exceed the simplified acquisition threshold (currently
$250,000), under 2 CFR 200.205(a)(2), we must make a judgment about
your integrity, business ethics, and record of performance under
Federal awards, that is, the risk posed by you as an applicant---before
we make an award. In doing so, we must consider any information about
you that is in the integrity and performance system (currently referred
to as the Federal Awardee Performance and Integrity Information System
(FAPIIS)), accessible through the System for Award Management. You may
review and comment on any information about yourself that a Federal
agency previously entered and that is currently in FAPIIS.
Please note that, if the total value of your currently active
grants, cooperative agreements, and procurement contracts from the
Federal Government exceeds $10,000,000, the reporting requirements in 2
CFR part 200, appendix XII, require you to report certain integrity
information to FAPIIS semiannually. Please review the requirements in 2
CFR part 200, appendix XII, if this grant plus all the other Federal
funds you receive exceed $10,000,000.
VI. Award Administration Information
1. Award Notices: If your application is successful, we will notify
you via electronic correspondence containing a link to access an
electronic version of your grant award notification.
If your application is not evaluated or not selected for funding,
we will notify you.
2. Administrative and National Policy Requirements: If awarded
funds under this grant, the recipient must agree to cooperate with all
financial monitoring and audit reviews conducted by SBA, its agents, or
contractors.
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 opportunity. This does not apply if you have
an exception under 2 CFR 170.110(b).
(b) After using all the funds awarded to you, you must submit a
final report, including financial information, as directed by the
Administrator.
4. Documentation--Additional documentation requirements that are
consistent with the eligibility and other requirements under this NOFO,
including requiring an eligible person or entity that receives a grant
under this funding opportunity to retain records that document
compliance with the requirements for grants under this program--
(a) with respect to employment records, for the 4-year period
following receipt of the grant; and
(b) with respect to other records, for the 3-year period following
receipt of the grant.
VII. 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 compact disc) by request to
the program contact person listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site, you can view this
document, as well as all other documents of the SBA published in the
Federal Register, in text or Portable Document Format (PDF). To use
PDF, you must have Adobe Acrobat Reader, which is available for free at
the site.
You can also access documents of the SBA published in the Federal
Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the SBA.
Dated: March 23, 2021.
Barbara E. Carson,
Deputy Associate Administrator, Office of Disaster Assistance.
[FR Doc. 2021-06338 Filed 3-25-21; 8:45 am]
BILLING CODE 8026-03-P
