12610 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices

Additional information concerning

the meetings may be obtained by writing

to the Chairman, Department of Defense

Wage Committee, 4000 Defense

Pentagon, Washington, DC 20301–4000.

Dated: March 12, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–6641 Filed 3–14–97; 8:45 am]

BILLING CODE 5000–04–M

Defense Logistics Agency

Cooperative Agreement Procedures

AGENCY: Defense Logistics Agency

(DLA), DoD.

ACTION: Cooperative Agreements;

Technical Revisions to Procedures.

SUMMARY: These procedures implement

Title 10, United States Code, Chapter

142, as amended, which authorizes the

Secretary of Defense, acting through the

Director, Defense Logistics Agency, to

enter into cost sharing cooperative

agreements to support procurement

technical assistance programs

established by state and local

governments, private nonprofit

organizations, Tribal organizations, and

Indian-owned economic enterprises.

Subpart III of this issuance establishes

the administrative procedures to be

implemented by DLA to enter into such

agreements for this purpose. These

technical revisions expand and clarify

these procedures.

EFFECTIVE DATE: April 1, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Sim Mitchell, Program Manager, Office

of Small and Disadvantaged Business

Utilization (DDAS), Defense Logistics

Agency, 8725 John J. Kingsman Rd.,

Suite 2533, Fort Belvoir, VA 22060–

6221, Telephone (703) 767–1650.

Sim C. Mitchell,

Program Manager, Office of Small and

Disadvantaged Business Utilization.

I. Background Information

The Procurement Technical

Assistance Cooperative Agreement

Program (PTACAP) was established by

the Fiscal Year (FY) 1985 Department of

Defense (DoD) Authorization Act, Public

Law 98–525. The Public Law amended

Title 10, United States Code (U.S.C.), by

adding Chapter 142. Title 10, U.S.C., as

amended, continues to authorize the

Secretary of Defense, acting through the

Director, Defense Logistics Agency

(DLA), to enter into cost sharing

cooperative agreements to support

procurement technical assistance (PTA)

programs established by eligible

entities.

DoD’s efforts to increase competition

in the private sector have been

supplemented by many state and local

governments, and other entities that

operate PTA programs. The DoD

PTACAP provides assistance to eligible

entities by sharing the cost of

establishing new and/or maintaining

existing PTA programs.

The enabling legislation placed the

following limitation on the use of funds

allocated to the program:

A. DoD’s share of an eligible entity’s

net program cost shall not exceed 50%,

unless the eligible entity proposes to

cover a distressed area. If the eligible

entity proposes to cover a distressed

area, the DoD share may be increased to

an amount not to exceed 75%. In no

event shall DoD’s share the net program

cost exceed $150,000 for programs

providing less than statewide coverage

or $3000,000 for programs providing

statewide coverage.

B. For the American Indian program,

DoD’s share of net program cost shall

not exceed 75% or $150,000, whichever

is less, for programs providing services

on reservations within one Bureau of

Indian Affairs (BIA) service area. For

programs providing services to 100% of

the reservations located within one BIA

service area and at least 50% of the

reservations located within another BIA

service area (multi-area coverage), DoD’s

share of net program cost shall not

exceed 75% or $300,000, whichever is

less.

C. No funds available to DoD may be

provided by grant or contract to any

institution of higher education that has

a policy of denying, or which effectively

prevents, the Secretary of Defense from

obtaining for military recruiting

purposes—

1. Entry to campuses or access to

students (individuals who are 17 years

of age or older) on campuses; or

2. Access to directory information

pertaining to students.

D. No funds appropriated or

otherwise available to the Department of

Defense may be obligated by contract or

by grant (including a grant of funds to

be available for student aid) to any

institution of higher education that, as

determined by the Secretary of Defense,

has an anti-ROTC policy and at which,

as determined by the Secretary, the

Secretary would otherwise maintain or

seek to establish a unit of the Senior

Reserve Officer Training Corps or at

which the Secretary would otherwise

enroll or seek to enroll students for

participation in a unit of the Senior

Reserve Officer Training Corps at

another nearby institution of higher

education. The term ‘‘anti-ROTC

policy’’ means a policy or practice of an

institution of higher education that—

1. Prohibits, or in effect prevents, the

Secretary of Defense from maintaining

or establishing a unit of the Senior

Reserve Officer Training Corps at that

institution, or

2. Prohibits, or in effect prevents, a

student at the institution from enrolling

in a unit of the Senior Reserve Officer

Training Corps at another institution of

higher education.

The purpose of the proposed revised

procedure is to make available to all

eligible entities the prerequisites,

policies and procedures that will govern

the award of cooperative agreements by

DLA. Also, this procedure establishes

the guidelines that will govern the

administration of cooperative

agreements.

Although this procedure will affect all

eligible entities desiring to enter into a

DLA awarded cooperative agreement,

DLA has determined that this procedure

does not involve a substantial issue of

fact or law, and that it is unlikely to

have a substantial or major impact on

the nation’s economy or large numbers

of individuals or businesses. This

determination is based on the fact that

these technical revisions of the

cooperative agreement procedure

implements policies already published

by the Office of Management and

Budget (OMB) pursuant to Title 31,

U.S.C., Chapter 63, Using Procurement

Contracts and Grants and Cooperative

Agreements. In addition, DLA

cooperative agreements will be entered

into pursuant to the authorities and

restrictions contained in the annual DoD

Authorization and Appropriation Acts.

II. Other Information

The language contained in the current

cooperative agreement procedure

limited the period of coverage to the FY

96—98 Programs in that it addressed the

FY 96 Authorization Act requirements

in specific terms. These technical

revisions to the procedures will expand

and clarify the general guidance for

cooperative agreements entered into by

the DLA and will become a permanent

document for the duration of the FYs 97

and 98 Programs.

III. Technical Revisions to DLA

Procedure—Cooperative Agreements

3–1 Policy

A. Applications for cooperative

agreements are obtained through the

issuance of a DLA solicitation for

cooperative agreement applications

(hereafter referred to as a SCAA). The

contents of this procedure shall be

incorporated, in whole or in part, into
Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices 12611

the SCAA to establish administrative

requirements to execute and administer

DLA awarded cooperative agreements.

The SCAA may include additional

administrative requirements that are not

included herein.

B. The SCAA is issued by the

PTACAP Manager (hereafter referred to

as Program Manager) of the DLA Office

of Small and Disadvantaged Business

Utilization every third fiscal year, i.e.,

FY 96, FY 99, etc. The Program Manager

will respond to any SCAA questions

that may arise.

C. Only one application will be

accepted from a single eligible entity.

An entity that submits more than one

application, or is listed as a

subagreement applicant in another

entity’s application will not be

considered for an award.

D. Applications will not be accepted

from applicants that apply as coequal

partners or joint ventures. Only one

organization can take the lead and

primary responsibility for the proposed

program. In other words, only one

eligible entity can submit an

application.

E. Applications will not be accepted

from applicants who propose to provide

less than county or equivalent (i.e.,

parish, borough) coverage. For example,

if an applicant proposes to service any

part of a county or equivalent, the

applicant must service the entire county

or equivalent.

F. Cooperative agreements will be

awarded on a competitive basis

consistent with the SCAA. It is DLA’s

policy to encourage fair and open

competition when awarding cooperative

agreements.

G. Letters of support and

recommendation from Members of

Congress are not necessary and will not

be considered in the evaluation and

selection of applications to receive

cooperative agreement awards.

H. The SCAA shall be given the

widest practical dissemination. It will

be made available to all known eligible

entities and to those that request copies

after its issuance. All eligible entities

interested in submitting an application

as a new start under the SCAA are

invited to participate in a preapplication conference scheduled for 20

March 1997 at DLA Headquarters, 8725

John J. Kingman Road, Ft. Belvoir,

Virginia, beginning at 9:00 AM.

Potential attendees should notify Mr.

Sim Mitchell, (703) 767–1663, if they

plan on attending.

I. The SCAA shall not be considered

to be an offer made by DoD. It will not

obligate DoD to make any awards under

this Program.

J. In the event that insufficient funds

are available to award all applicants that

meet the minimum requirements, only

those applicants found to be the most

meritorious will be funded for an award.

K. If selected for an award, the

applicant is bound to perform the

services described in its application

when the application is incorporated

into the cooperative agreement award

document.

L. DoD is not responsible for any

monies expended or expenses incurred

by applicants prior to the award of a

cost sharing cooperative agreement.

However, actual travel expenses

incurred by FYs 97 or 98 award

recipients to participate in a FYs 97 or

98 pre-application and/or postaward

training conference may be reimbursed

under the appropriate cooperative

agreement award (ie., Fys 97 or 98)

subject to the provisions of the

applicable cost principles.

M. The award of a cooperative

agreement under this Program shall not,

in any way, obligate DoD to enter into

a contract or give preference for the

award of a contract to a business or firm

which is or becomes a client of a DLA

cooperative agreement recipient.

N. Cooperative agreement recipients

must give special emphasis to assisting

small disadvantaged business (SDB)

firms and any historically black colleges

and minority institutions that

participate or aspire to participate in

DoD prime and subcontracting

opportunities. A concerted effort must

be made by recipients to identify SDB

firms and provide them with marketing

and technical assistance, particularly

where such firms are referred for

assistance by a DoD component, other

Federal agencies, and state and/or local

governments.

O. Award recipients are not required

to obtain or retain private, profit and/or

nonprofit consultants to support the

program. Any subcontract costs being

proposed for consulting services shall

not exceed 10% of total program cost for

the general program or 25% of total

program cost under the American

Indian program. Applications

containing subcontracting costs for

consultant services in excess of 10% of

total program cost for the general

program and 25% of total program cost

for the American Indian program, will

be removed from consideration for an

award.

P. Reasonable quantities of

government publications, such as

‘‘Selling to the Military,’’ may be

furnished to award recipients at no cost,

subject to availability. All requests for

such publications must be submitted to

the cognizant Deputy for Small

Business.

Q. Each cooperative agreement

recipient’s area of performance will be

limited to the county(ies) or equivalent

specified in its cooperative agreement

award. Recipients may voluntarily

service clients outside their area of

performance provided that the client’s

location is not being serviced by another

PTA recipient. For the American Indian

program, the recipient’s area of

performance will be limited to the

reservation(s) specified in its

cooperative agreement.

R. For the American Indian program,

if a tribal organization is to perform

services benefiting other Indian tribe(s),

written approval must be obtained by

the eligible entity from each Indian tribe

it plans to service. Approval will consist

of a written statement (signed by a

responsible official authorized to legally

bind the Indian tribe it plans to service)

indicating that the Indian tribe approves

and agrees to accept the services to be

provided by the tribal organization.

S. Cooperative agreement awards

shall not be made to entities listed in

the General Services Administration’s

(GSA) ‘‘Lists of Parties Excluded from

Federal Procurement or

Nonprocurement Programs.’’

Cooperative agreements will not be

awarded to entities who employ any

person listed in GSA’s ‘‘Lists of Parties

Excluded from Federal Procurement or

Nonprocurement Programs.’’

T. Applications submitted in response

to the SCAA shall cover a 12 or 24-

month period. All other applications

proposing different periods will not be

considered for an award.

U. To be considered during the

evaluation process, part-time PTA

program employees must be employed

by the PTA program a minimum of three

calendar months per year for the base

year and each of the option years. Time

employed must be performed

continuously or incrementally for each

12-month period.

V. Cooperative agreement recipients

shall not purchase nonexpendable

tangible personal property with a

delivery date later than 90 days prior to

the expiration of the cooperative

agreement’s effective period. Cost of

non-expendable tangible personal

property delivered later than 90 days

prior to the expiration of the cooperative

agreement’s effective period will be

disallowed.

W. Cooperative agreement recipients

will be authorized to use GSA’s

subscription schedules. Usage will be

limited to subscription services only.

X. Cooperative agreement recipients

are required to provide information to
12612 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices

their clients relating to the objectives of

the Government’s Electronic Commerce/

Electronic Data Interchange (EC/EDI)

initiatives which are as follow:

1. Exchange procurement information

such as solicitations, offers, contracts,

purchase orders, invoices, payments,

and other contractual documents

electronically between the private sector

and the Federal government to the

maximum practicable extent;

2. Provide businesses, including

small, small disadvantaged, and

women-owned businesses with greater

access to Federal procurement

opportunities;

3. Ensure that potential suppliers are

provided simplified access to the

Federal government’s electronic

commerce system;

4. Employ nationally and

internationally recognized data formats

that serve to broaden and ease the

electronic interchange of data. (These

formats are the ANSI X–12 and

UNEDIFACT formats); and

5. Use agency and industry systems

and networks to enable the Government

and potential suppliers to exchange

information and access Federal

procurement data.

Y. The recipient may add funds to its

program after all program funds are

properly expended and before

expiration of the cooperative

agreement’s effective period. In the

event funds are added to the program,

the reimbursable ratio will not be

affected and the funds will not require

allocation by object class category.

However, total funds expended during

the effective period must be reported on

the DLA Form 1806, Procurement

Technical Assistance Cooperative

Agreement Performance Report. The

expenditure of additional funds shall be

made in accordance with the applicable

cost principles.

Z. If the recipient charges or plans to

charge a fee or service charge for PTA

given to business firms/clients, or

receives any other income as a result of

operating the PTACAP, the amount of

such reimbursement must be added to

total program cost.

3–2 Scope

This procedure implements Title 10,

U.S.C., Chapter 142, as amended, and

establishes procedures and guidelines

for the award and administration of cost

sharing cooperative agreements entered

into between DLA and eligible entities.

Under these agreements, financial

assistance provided by DoD to

recipients will cover the DoD share of

the cost of establishing new and/or

maintaining existing PTA programs

which furnish PTA to business entities.

3–3 Definitions

The following definitions apply for

the purpose of this procedure.

A. Act. The enabling legislation that

authorizes the establishment and

continuation of the PTA Cooperative

Agreement Program each fiscal year.

B. Administrative Grants Officer

(AGO). A person with the authority to

administer grants or cooperative

agreements consistent with the

authority delegated by the Grants

Officer.

C. Agency. A field office, of one of the

twelve service areas, as published by the

Bureau of Indian Affairs (BIA), US

Department of the Interior.

D. American National Standards

Institute (ANSI) Standard. A document

published by ANSI that has been

approved through the consensus process

of public announcement and review.

Each of these standards must have been

developed by an ANSI committee and

must be revisited by that committee

within five years after approval for

update.

E. Cash contributions. The recipients

cash outlay, including the outlay of

money contributed to the recipient by

third parties.

F. Civil jurisdiction. All cities with a

population of at least 25,000 and all

counties. Townships of 25,000 or more

population are also considered as civil

jurisdictions in four States (Michigan,

New Jersey, New York, and

Pennsylvania). In Connecticut,

Massachusetts, Puerto Rico and Rhode

Island where counties have very limited

or no government functions, the

classifications are done for individual

towns.

G. Client. A recognized business

entity, including a corporation,

partnership, or sole proprietorship,

organized for profit or nonprofit, which

is small or other than small, that has the

potential or is seeking to market its

goods and/or services as a prime or

subcontractor to DoD, other Federal

agencies, state and/or local

governments. For the American Indian

program, the client must be located on

a reservation.

H. Commercial Item.

1. Any item, other than real property,

that is of a type customarily used for

nongovernmental purposes and that—

a. Has been sold, leased, or licensed

to the general public; or,

b. Has been offered for sale, lease, or

license to the general public;

2. Any item that evolved from an item

described in paragraph 1. of this

definition through advances in

technology or performances and that is

not yet available in the commercial

marketplace, but will be available in the

commercial market place in time to

satisfy the delivery requirements under

a Government solicitation;

3. Any item that would satisfy a

criterion expressed in paragraphs 1. or

2. of this definition, but for—

a. Modifications of a type customarily

available in the commercial

marketplace; or

b. Minor modifications of a type not

customarily available in the commercial

marketplace made to meet Federal

Government requirements. ‘‘Minor’’

modifications means modifications that

do not significantly alter the

nongovernmental function or essential

physical characteristics of an item or

component, or change the purpose of a

process. Factors to be considered in

determining whether a modification is

minor include the value and size of the

modification and the comparative value

and size of the final product. Dollar

values and percentage may be used as

guideposts, but are not conclusive

evidence that a modification is minor;

4. Any combinations of items meeting

the requirements of paragraphs 1., 2., 3.,

or 5. of this definition that are of a type

customarily combined and sold in

combination to the general public;

5. Installation services, maintenance

services, repair services, training

services, and other services if such

services are procured for support of an

item referred to in paragraphs 1., 2., 3.,

4. of this definition, and if the source of

such services—

a. Offers such services to the general

public and the Federal Government

contemporaneously and under similar

terms and conditions; and

b. Offers to use the same work force

for providing the Federal Government

with such services as the source uses for

providing such services to the general

public;

6. Services of a type offered and sold

competitively in substantial quantities

in the commercial marketplace based on

established catalog or market prices for

specific tasks performed under standard

commercial terms and conditions. This

does not include services that are sold

based on hourly rate without an

established catalog or market price for a

specific service performed;

7. Any item, combination of items, or

service referred to in paragraphs 1.

through 6., notwithstanding the fact that

the item, combination of items, or

service is transferred between or among

separate divisions, subsidiaries, or

affiliates of a contractor; or

8. A nondevelopmental item, if the

procuring agency determines the item

was developed exclusively at private

expense and sold in substantial
Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices 12613

quantities, on a competitive basis, to

multiple State and local governments.

I. Consultant services. Marketing and

technical assistance obtained from

private nonprofit and/or profit making

individuals, organizations or otherwise

qualified business entities to augment

the capabilities of the PTA center.

J. Cooperative agreement. A binding

legal instrument reflecting a

relationship between DLA and the

recipient of a cooperative agreement

when the principal purpose of the

relationship is to transfer a thing of

value of the recipient to carry out a

public purpose of support of stimulation

authorized by a law of the United States

instead of acquiring property or services

for the direct benefit or use of the U.S.

Government. Substantial involvement is

expected between DLA and the

recipient when carrying out the activity

contemplated in the agreement.

K. Cooperative agreement

Application. An applicant’s response to

the SCAA describing its planned PTA

program.

L. Cooperative agreement award

recipient. An organization receiving

financial assistance directly from DLA

to carry out a PTA program. Awards

will only be made to legal entities

recognize under the laws in the State in

which the entity is organized.

M. Cost matching or sharing. The

portion of project or program costs or

borne by the Federal Government.

N. Counseling session. A documented

counseling session (telephone call,

correspondence or personal discussion)

held with a business firm/client, where

professional guidance is provided to

assist the business firm/client in

marketing its goods and/or services to

DoD, other Federal agencies, and state

and local government. This includes,

but is not limited to, providing advice

and assistance such as:

1. Assisting business firms by

providing marketing and technical

assistance in selling their goods and/or

services to DoD, other Federal agencies,

and state and local governments;

2. Assisting with understanding

specifications;

3. Preparing applicants to be placed

on solicitation mailing lists;

4. Preparing offers;

5. Providing postaward assistance in

areas such as production, quality system

requirements, finance, engineering,

transportation and packaging; and

6. Providing information to business

firms/clients on the DoD Mentor-Protege

Pilot Program; Defense Conversion,

Reinvestment and Transition Assistance

Act of 1992; The Metric Conversion Act;

Electronic Commerce/Electronic Data

Interchange (EC/EDI); and commercial

item acquisitions.

The distribution of publications,

specifications, bid matches or simply

referring business firms/clients to

another source for advice or assistance

is not a counseling session.

O. Direct cost. Any cost that can be

identified specifically with a particular

final cost objective. No final cost

objective shall have allocated to it as a

direct cost any cost, if other costs

incurred for the same purpose, in like

circumstances, have been included in

any indirect cost pool to be allocated to

that or any other final cost objective.

P. Distressed area. The geographical

area to be serviced by an eligible entity

in providing PTA to business firms

physically located within an area that:

1. Has a per capita income of 80% or

less of that State’s average;

2. Has an unemployment rate that is

one percent greater than the national

average for the most recent 24-month

period in which statistics are available;

or

3. Is a ‘‘reservation’’ which includes

Indian reservations, public domain

Indian allotments, former Indian

reservations in Oklahoma, and land

held by incorporated Native groups,

regional corporations, and village

corporations under the provisions of the

Alaska Native Claims Settlement Act.

Q. Duplicate coverage. A situation

caused by two or more applicants

offering to provide marketing and

technical assistance to clients located

within the same county(ies) or

equivalent within the same geographic

area.

R. Electronic Commerce (EC). The

end-to-end, paperless business

environment that integrates electronic

transfer and automated business

systems. EC includes EDI, FAX, Bar

Coding, Electronic Funds Transfer, etc.

S. Electronic Commerce in

Contracting (ECIC). Refers to electronic

procurement transactions.

T. Electronic Data Interchange (EDI).

A subset of EC. EDI is the computer-tocomputer exchange of routine business

transactions.

U. Eligible entities. Organizations

qualifying to submit an application as

follows:

1. General Program:

a. State government. Any of the

several states of the United States, the

District of Columbia, the

Commonwealth of Puerto Rico, any

territory or possession of the United

States, or any agency or instrumentality

of a State, exclusive of local

governments. The term does not include

any public and Indian housing agency

under the US Housing Act of 1937.

b. Local government. A county,

municipality, city, town, township,

local public authority (including any

public and Indian Housing agency

under the US Housing Act of 1937),

school district, special district,

intrastate district, council of

governments (whether or not

incorporated as a nonprofit corporation

under State law), any other regional or

interstate government entity (such as

regional planning agencies), or any

agency or instrumentality of a local

government. The term does not include

institutions of higher education and

hospitals.

c. Private, nonprofit organizations.

(1) A business entity organized and

operated exclusively for charitable,

scientific, or educational purposes, of

which no part of the earnings inure to

the benefit of any private shareholder or

individual, of which no substantial part

of the activities is carrying on

propaganda or otherwise attempting to

influence legislation or participating in

any political campaign on behalf of any

candidate for public office, and which

are exempt from Federal income

taxation under section 501 of the

Internal Revenue Code.

(2) American Indian Program:

(a) Indian Economic enterprise. Any

Indian-owned (as defined by the

Secretary of the Interior) commercial,

industrial, or business activity

established or organized, whether or not

such economic enterprise is organized

for profit or nonprofit purposes:

Provided, That such Indian ownership

shall constitute not less than 51 per

centum of the enterprise.

(b) Indian/Tribal Organization. The

recognized governing body of any

Indian tribe; any legally established

organization of Indians which is

controlled, sanctioned, or chartered by

such governing body, or which is

democratically elected by the adult

members of the Indian community to be

served by such organization and which

includes the maximum participation of

Indians in all phases of its activities:

Provided, that in any case where a

cooperative agreement is made to an

organization to perform services

benefitting more than one Indian tribe,

the approval of each such Indian tribe

shall be a prerequisite to the letting or

making of such cooperative agreement.

V. Existing program. Any PTA

program that had a cooperative

agreement with DLA for one or more

years.

W. Federal funds authorized. The

total amount of Federal funds obligated

by the Federal government for use by

the recipient.
12614 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices

X. Follow-up counseling session. A

counseling session held with a client

subsequent to the initial counseling

session.

Y. Grants officer. An official with the

authority to enter to, administer, and/or

terminate grants or cooperative

agreements.

Z. Indian. Any person who is a

member of any Indian tribe, band,

group, pueblo, or community which is

recognized by the Federal Government

as eligible for services from the BIA and

any ‘‘Native’’ as defined in the Alaska

Native Claims Settlement Act (43 U.S.C.

1601 et. seq.).

AA. Indian tribe. Any Indian tribe,

band, group, pueblo, or community,

including Native villages and Native

groups (including corporations

organized by Kenai, Sitka, and Kodiak)

as defined in the Alaska Native Claims

Settlement Act (43 U.S.C. Section 1601

et seq.), which is recognized by the

Federal Government as eligible for

services from the Bureau of Indian

Affairs.

AB. Indirect cost. Any cost not

directly identified with a single final

cost objective, but identified with two or

more final cost objectives or an

intermediate cost objective. An indirect

cost is not subject to treatment as a

direct cost.

AC. Initial counseling session. The

first counseling session held by a

recipient with a business firm. The

initial counseling session may

determine that the business firm has no

potential to do business with a Federal

agency and/or state and local

government.

AD. In-kind contributions. The value

of noncash contributions provided by

the eligible entity and non-Federal

parties to the PTA Program. Only when

authorized by Federal legislation may

property or services purchased with

Federal funds be considered as in-kind

contributions. In-kind contributions

may be in the form of charges for real

property and nonexpendable personal

property and the value of goods and

services directly benefiting and

specifically identifiable to the project or

program.

AE. Integrated automated information

environment. Computer-to-computer

exchange of public standard formatted

messages through use of a VAN.

AF. Multi-area coverage. A PTA

program that proposes to service 100%

of the reservations located within one

BIA service area and at least 50% of the

reservations located within another BIA

service area.

AG. Net program cost. The total

program cost from all authorized

sources—less any program income and/

or other Federal funds not authorized to

be shared.

AH. Networking. A method of

providing assistance throughout the area

to be serviced. Examples include:

1. Locating assistance offices in area

of industrial concentration;

2. Establishing and/or maintaining

data links with other organizations; and

3. Creating data exchanges.

AI. New start. An eligible entity that

is not an existing program.

AJ. Non-profit agencies representing

the blind and severely disabled. A

qualified nonprofit agency for the blind

or the severely disabled which produces

a commodity for, or provides a service

to, the Government. For the PTACAP

workshops may be treated as small

businesses.

AK. Other Federal funds. Federal

funds such as those provided by Federal

agency(ies) other than the DoD PTA

Cooperative Agreement Program. When

authorized by statute, Federal funds

received from other sources, including

grants, may be used as cost sharing and/

or cost matching contributions.

AL. Outlays/expenditures. Charges

made to the PTA program. They may be

reported on a cash or accrual basis.

1. Cash basis. For reports prepared on

a cash basis, outlays are of the sum of:

a. Cash disbursements for direct

charges for goods and services;

b. The amount of indirect expense

charged;

c. The value of third party in-kind

contributions applied; and

d. The amount of cash advances and

payments made to subrecipients.

2. Accrual basis. For reports prepared

on an accrual basis, outlays are the sum

of:

A. Cash disbursements for direct

charges for goods and services;

b. The amount of indirect expense

incurred;

c. The value of in-kind contributions

applied:

d. The net increase (or decrease) in

the amounts owned by the recipient for

goods and other property received, for

services performed by employees,

contractors, subrecipients and other

payees; and

e. Other amounts becoming owed

under programs for which no current

services or performance are required.

AM. Per capita income. The estimated

average amount per person of total

money income received during the

calendar year for all persons residing in

a given political jurisdiction as

published by the U.S. Department of

Commerce, Bureau of the Census.

AN. Prior approval. Written approval

given by an authorized official

evidencing prior consent as required by

the cooperative agreement award

document.

AO. Procurement Technical

Assistance Cooperative Agreement

Program (PTACAP). A program

established to generate employment and

improve the general economy of a

locality by assisting business firms in

obtaining and performing under DoD,

other Federal agency and state and local

government contracts.

AP. Program income. Gross income

earned by the recipient or subrecipient

from cooperative agreement-supported

activities. Program income includes fees

for services performed, and the use or

rental of personal property acquired

with cooperative agreement funds.

Except as otherwise provided in

program regulations or the terms and

conditions of the award, program

income does not include the receipt of

principal, interest or loans, rebates,

credits, discounts, refunds, etc., or

interest earned on any of them.

AQ. Public Standard Format. A data

exchange format which includes the

ANSI format ASC X–12 and/or the

United Nations Electronic Data

Interchange for Administration,

Commerce and Transport

(UNEDIFACT).

AR. Reservation. Includes Indian

reservations, public domain Indian

allotments, former Indian reservations

in Oklahoma, and land held by

incorporated Native groups, regional

corporations, and village corporations

under the provisions of the Alaska

Native Claims Settlement Act [43

U.S.C.A., Section 1601 et seq.].

AS. Service area. Any one of twelve

area offices, as published by the U.S.

Department of the Interior, BIA, to

include: Aberdeen, Albuquerque,

Anardako, Billings, Eastern, Juneau,

Minneapolis, Muskogee, Navajo,

Phoenix, Portland and Sacramento.

AT. Small business (SB). As used in

this solicitation, a business, including

its affiliates, that is independently

owned and operated, not dominant in

the field of operation in which it is

bidding on Government contracts, and

qualified as SB under the criteria and

size standards in 13 CFR 121.

AU. Small disadvantage business

(SDB). As used in this solicitation, a SB

concern that is at least 51 percent

unconditionally owned by one or more

individuals who are both socially and

economically disadvantage, or a

publicly owned business that has at

least 51 percent of its stock

unconditionally owned by one or more

socially and economically

disadvantaged individuals and that has

its management and daily business

controlled by one or more such
Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices 12615

individuals. This term also means a SB

concern that is at least 51 percent

unconditionally owned by an

economically disadvantaged Indian

tribe or Native Hawaiian organization,

or publicly owned business that has at

least 51 percent of its stock

unconditionally owned by one of these

entities, that has its management and

daily business controlled by members of

an economically disadvantaged Indian

tribe or Native Hawaiian organization

that meets the requirement of 13 CFR

124.

AV. Solicitation for cooperative

agreement applications (SCAA). A

document issued by DLA containing

provisions and evaluation factors

applicable to all applicants which apply

for a PTA cooperative agreement.

AW. Statewide coverage. A PTA

program which proposes to service at

least 50% of a State’s counties or

equivalent and 75% of the States’s labor

force.

AX. Subrecipent. The legal entity to

which a written subagreement is

awarded and which is accountable to

the recipient of a cooperative agreement

for DLA and any modification(s) thereto.

AY. Third party in-kind

contributions. The value of non-cash

contributions provided by non-Federal

third parties. Third party in-kind

contributions may be in the form of real

property, equipment, supplies and other

expendable property, and the value of

goods and services directly benefiting

and specifically identifiable to the

PTACAP.

AZ. Total program cost. All allowable

costs as set forth in OMB Circular A–21,

A–87 and A–122, as applicable.

A1. Total program outlays. All

charges made to the PTA program.

These charges include cash

disbursements for direct charges for

goods and services, the amount of

indirect expense charged, the value of

in-kind contributions applied, and the

net increase (or decrease) in the

amounts owed by the recipient for

goods and other property received for

services performed by employees,

contractors and other payees, and other

amounts becoming owed under

programs for which no current services

or performances are required.

A2. Unliquidated obligations. For

financial reports prepared on a cash

basis, means the amount of obligations

incurred by the recipient that has not

been paid. For reports prepared on an

accrued expenditure basis, they

represent the amount of obligations

incurred by the recipient for which an

outlay has not been recorded.

A3. Unobligated balance. The portion

of the funds authorized by DLA that has

not been obligated by the recipient

which is determined by deducting the

cumulative obligations from the

cumulative funds authorized.

A4. Value added network (VAN). A

commercial telecommunications service

provider which passes electronic

commerce traffic between a government

entity and a commercial, private sector

vendor.

A5. Woman-owned small business

(WOB). A small business concern—(i)

which is at least 51 per centum owned

by one or more women; or in the case

of a publicly owned business, at least 51

per centum of the stock of which is

owned by one or more women; and (ii)

whose management and daily business

operations are controlled by one or more

women.

3–4 Program Purpose and

Requirements

A. The purpose of the PTACAP is to

generate employment and to improve

the general economy of a locality by

assisting business firms in obtaining and

performing under Federal, state and

local government contracts.

B. Each PTA center must meet these

minimum requirements set forth below.

Failure to meet any of these

requirements will be cause to deny or

terminate an award.

1. Service Area.

Analyze the service area to identify its

geographic and demographic

characteristics. The applicant must

maintain and provide information

regarding the characteristics of the local

economy (distressed or nondistressed)

and the type of business firms located

in the service area (SB, WOB, SDB,

OTSB). Informaiton must include:

a. An explanation how the business

community will be made aware of the

PTA Program; the types of assistance

being offered to clients; what is required

from a business firm to become a PTA

center’s client; and the impact the PTA

center will have in generating

employment within the service area.

b. The total number of counties or

equivalent within the State and the

identification of each county the

applicant plans to service.

c. The average unemployment level

for each county the applicant plans to

service.

d. The average per capita income of

the State and each county the applicant

plans to service.

e. The total number of procurement

outreach conferences the applicant

plans to sponsor.

f. The total number of procurement

outreach conferences the applicant

plans to participate in other than as a

sponsor.

g. The state’s total population and the

percent of the population that the

applicant plans to service.

h. The total number of SB, WOB, SDB,

and OTSB the applicant plans to

service.

2. Counseling and Client Information.

Applicants must provide clients with

counseling and information regarding

marketing their goods and services to

DoD, other Federal agencies, and state

and local governments. The applicant

shall:

a. Analyze the types of business firms

within their geographic area to

determine the types to be counseled (by

product or service offered).

b. Shall maintain regulations and

publicaitons (or identify sources for

obtaining) that govern Federal, state and

local government procurement, as

applicable.

c. Identify marketing opportunities for

clients consistent with their products

and services.

d. Assist and advise clients

concerning post award functions.

e. Educate clients in the following

areas:

(1) DoD mentor-protege Pilot Program.

(2) Defense Conversion, Reinvestment

and transition Assistance Act of 1992.

(3) The Metric Conversion Act

(4) The requirements and procedures

used by DoD and other Federal agencies

in the acquisition of commercial

products.

f. Maintain records to document

services provided during all counseling

sessions (initial and follow-up) to

include preparation of bidders mailing

list applications.

3. Electronic Commerce/Electronic

Data Interchange.

EC/EDI)—Applicant must provide its

clients with information pertaining to

Electronic Commerce in Contracting

(ECIC), including the routine computer

exchange of procurement information

such as solicitations, offers, contracts,

purchase orders, invoices, payments,

and other contractual documents

electronically exchanged between the

private sector and the Federal

Government, to the maximum extent

practicable, using ANSI ASC X–12

standards. Information to be provided to

the client should include:

a. An explanation of how the business

community will benefit from using EC/

EDI.

b. A complete understanding of the

Federal Government EC/EDI program to

include:

(1) An identification and explanation

of the functions of the various

components of EC/EDI, such as Value

Added network (VANs) and Value

Added Services (VASs), Government
12616 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices

gateways and networks, translation

software, necessary hardware, and the

Central Contractor Registration (CCR)

system.

(2) An explanation of current OSD

and Federal policies regarding ECIC.

(3) An explanation of transaction sets

and implementation conventions.

(4) An explanation of the impact and

applicability of the Internet on ECIC,

including identification of Government

home pages, electronic catalogs,

electronic bulletin boards and other

relevant net sites.

(5) Explanation of FACNET

requirements and DoD and Federal

efforts (and status) on meeting these

requirements.

4. Postaward Assistance.

Applicant must assist, as appropriate,

their clients with understanding

Federal, state and local government

requirements applicable to contracting

for services, manufacturing,

construction or other markets. As a

minimum, the assistance should include

but is not limited to:

a. Production

b. Quality System

c. Accounting system requirements, and

contract payments

d. Transportation

e. Packaging

f. Subcontracting

g. Property

5. Performance Reporting.

The PTA center shall collect sufficient

information from its clients to

supplement information maintained in

its files to report current, complete and

accurate information required by the

Procurement Technical Assistance

Cooperative Agreement Performance

Report (DLA Form 1806). The DLA

Form 1806 shall be submitted to the

cognizant contract administration

activity on a semiannual basis. the PTA

center shall:

a. Segregate data by origin of award

(DoD, other Federal agency, state and

local government) and type of business

(small and other than small) and

socioeconomic status of the business

receiving the award (SB, SDB, WOB,

OTSB).

b. Have on file:

(1) A minimum of five success stories

attesting to the PTA provided to DoD

clients during the base and each option

year. Each success story must be

verified by a letter from the applicant’s

client stating that the story is true and

has resulted from substantial effort on

behalf of the client by the PTA center.

Success stories involving DoD nonappropriated fund activities (Army/Air

Force exchange service, etc.) can be

used to satisfy this requirement.

(2) The number and dollar value of

prime and subcontract awards received.

(3) A means of validating the number

and dollar value for prime and

subcontract awards received.

(4) A signed statement from the client

confirming that the reported prime and/

or subcontract awards were obtained as

a result of the assistance provided by

the PTA center.

(5) When requested by the reviewing

activity, obtain detailed information

such as: the contract awarding activity;

name and telephone number of the

point of contact at the contract awarding

activity; and the contract number and

dollar value of prime and/or subcontract

awards from the client to support the

information reported on the DLA Form

1806, when the information is not

available in the PTA center’s files.

c. Have on file for the PTA center the

number of jobs generated and/or

retained for the base and each option

year resulting from the assistance

provided by the PTA center.

6. Client Satisfaction.

Clients serviced by the award

recipient shall be surveyed annually, as

a minimum, to document client

satisfaction with the assistance provided

by the PTA center. The client shall be

requested to assess the performance of

the PTA center and its personnel in

terms of:

a. Timeliness and responsiveness to

general and specific client needs;

b. Flexibility and ability to change

with evolving client circumstances;

c. Commitment to the client’s stated

goals;

d. Training offered and received, as

appropriate; and,

e. Overall capability to provide

relevant advice and assistance to the

client.

Clients shall rate the PTA center as

satisfactory or unsatisfactory. The file

will reflect, in sufficient detail, the PTA

center’s efforts to overcome areas of

client dissatisfaction. The above

information will be compiled,

documented and maintained as a part of

each client’s permanent file, and as a

collective report for the entire PTA

center. The client rating information

shall be made available to the Grants

Officer or designated representative for

review upon request.

C. PTA Center Operating Hours.

1. The recipients shall operate their

PTA centers on a forty (40) hour week

basis, or during the normal business

hours of the state or local government or

PTA center’s parent organization

throughout the effective period of the

cooperative agreement. Vacation

benefits and holidays allowed to the

staff of the recipient and subrecipient(s)

shall conform to the policy of the state

or local government or PTA center’s

parent organization.

2. The subrecipient shall provide PTA

on a daily basis during the normal

business hours of the subrecipient’s

parent organization throughout the

effective period of the cooperative

agreement. Vacation benefits and

holidays allowed to the staff of the

subrecipient shall conform to the policy

of the subrecipient’s parent

organization.

3–5 Procedures

A. The SCAA and selection criteria

are developed and prepared by the

Headquarters (HQ), DLA PTA

Cooperative Agreement Program

Manager (hereafter referred to as

Program Manager). The SCAA and

selection criteria are approved by the

HQ DLA PTA Cooperative Agreement

Program Policy Committee (hereafter

referred to as Policy Committee). The

Policy Committee is comprised of

representatives from HQ DLA. The

Director, office of Small and

Disadvantaged Business utilization,

serves as the Policy Committee

Chairman.

B. The Policy Committee is the final

administrative appeal authority for

disputes and protests.

C. Grants Officer (GO) as used herein

refers to the GO assigned to HQ DLA

Office of Small and Disadvantaged

Business Utilization.

D. Applications and revisions

received after the deadline for receipt of

applications, as specified in the SCAA,

will not be evaluated unless acceptable

evidence is provided by the applicant.

Acceptable evidence to support an

otherwise late application or revision

received after the closing time and date

shall consist of:

1. An original US Post Office receipt

for registered or certified mail showing

the date of mailing not later than five

calendar days before the date specified

for receipt of applications and revisions;

or

2. When sent by US Postal Service

Express Mail Next Day Service—Post

Office to Addressee, the date entered by

the Post Office receiving clerk on the

‘‘Express Mail Next day Service—Post

Office to Addressee’’ label and the

postmark on the envelope or wrapper

and on the original receipt for the US

Postal Service. The postmark date must

be two working days prior to the date

specified for receipt of applications. The

term working days excludes weekends

and Federal holidays. Applicants

should request the postal clerk to place

a legible hand cancellation ‘‘bull’s-eye’’
Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices 12617

postmark on both the receipt and

envelope or wrapper.

3. If the application or revision is

hand delivered, the specified time and

delivery date shall be supported by a

receipt given by the GO or designated

representative.

E. The evaluation of applications and

selection of award recipients resulting

from responses to the SCAA shall be

conducted as detailed below:

1. The GO will evaluate each

application received to determine if the

application: (i) offers at least a county or

equivalent coverage; (ii) contains

sufficient management, technical, cost,

and other required information; (iii) has

been signed by a responsible official

authorized to bind the eligible entity;

and (iv) otherwise meets the

requirements of the SCAA. Applications

that fail to meet the requirements of the

SCAA will be removed from further

consideration for an award and the

applicant will be promptly notified of

the reason for removal. The applicant’s

application will be retained with any

other unsuccessful application(s) by the

GO.

2. Program status classification. The

GO will review and verify the accuracy

of the applicant’s program status stated

in item 8, ‘‘Type of Application’’ of the

Standard Form (SF) 424. If the GO

considers the program status

misclassified, the matter will be

reviewed with the applicant. If the

applicant and the GO cannot agree, the

GO will determine the applicant’s

program status based upon the

information contained in the

application at the time the solicitation

closed. The GO’s decision regarding the

program’s status is final.

3. Minor informalities and mistakes.

The GO shall provide an applicant the

opportunity to cure any deficiency

resulting from a minor informality or

irregularity contained in the offer or

waive the deficiency, whichever is to

the advantage of the Government. A

minor informality or irregularity is one

that is merely a matter of form and not

of substance. It also pertains to some

immaterial defect in an offer or variation

of an offer from the exact requirements

of the solicitation that can be corrected

or waived without being prejudicial to

other applicants. The defect or variation

is immaterial when the effect on

program quality is negligible when

contrasted with the program’s total cost.

Two examples of minor informalities

include the failure of the applicant to:

(i) return the required number of copies

of its application; and (ii) execute the

certifications required by the SCAA

clauses.

a. In cases of apparent mistakes and

in cases where the GO has reason to

believe that a mistake may have been

made, the GO shall request verification

from the applicant that the offer ‘‘should

read as stated; calling attention to the

suspected mistake. Any clerical mistake

apparent in the offer may be corrected

by the GO. Examples of apparent

mistakes are: (i) obvious misplacement

of a decimal point; (ii) incorrect

transposition of numbers; and (iii)

obvious mistake in identifying the

program status (existing versus new

start program). The GO shall obtain from

the applicant a written verification of

the offer intended.

b. Correction of a mistake by the GO

shall be effected by attaching the

verification to the original offer. The GO

shall not make corrections on the

application. Corrections shall be

restated in the cooperative agreement

award document, if the applicant

received an award.

c. If an applicant request permission

to correct a mistake, and clear and

convincing evidence establishes the

existence of the mistake, the GO may

make a determination permitting the

applicant to correct the mistake. The

determination to allow correction of

mistakes will be made provided that

both the existence of the mistake and

the application actually intended are

established by clear and convincing

evidence from the solicitation and

application.

4. Notification of application removal

from consideration for an award. The

GO will notify the applicant by certified

mail (return receipt requested) if its

application is removed from further

consideration for an award.

5. Duplicate coverage. An application

shall not duplicate more than 25%, or

an individual or cumulative basis, any

of the counties or equivalent (for the

general program) or any of the

reservations (for the Indian program)

proposed by other applicants. When the

GO determines that two or more

applicants are proposing to provide

duplicate coverage in excess of 25%,

selection priority will be given to the

applicant that is determined to be best

qualified by the evaluation team. Only

one statewide program (under the

general program) will be awarded in a

state.

6. Each application will be reviewed

by an evaluation team consisting of two

procurement functionals, one technical

functional, and one small business

functional. Each evaluation factor will

receive individual adjectival ratings

(highly acceptable, acceptable,

marginally acceptable, and

unacceptable) based on the merit of the

applicant’s support for the particular

evaluation element. The team will then

collectively assess the overall

application, taking into consideration

the strengths and weaknesses of the

application as it relates to each

individual evaluation factor. A single

adjectival rating will be assigned to the

application which will be used to

determine final award status.

Applicants should be aware that

ultimate award and inclusion into the

DLA PTACAP may depend on funding

limitations and constraints placed upon

the Agency.

7. Award. The award

recommendations are approved by the

Program Manager and executed by the

GO.

3–6 Evaluation Plan

A. Selection Procedures

1. This section outlines the

procedures the Government will use

during the selection process for the FYs

97 and 98 PTACAP. The Government

contemplates that multiple awards will

be made from the applications

submitted for the PTACAP. The

Government at its discretion may select

multiple applicants to perform PTACAP

requirements at statewide and other

than statewide coverage levels provided

that any individual application shall not

duplicate any counties or equivalent in

excess of 25 percent (general program),

or reservations in excess of 25 percent

(Indian program), proposed by other

applicants.

2. The section entitled Evaluation

Criteria describes the criteria the

Government will use to select those

applicants that provide the best overall

value to satisfy PTACAP requirements.

Evaluation criteria (in order of

importance) are:

a. Past Performance (Existing

Programs Only);

b. Management;

c. Technical Qualifications;

d. Service Area (geographic and

demographic characteristics); and

e. Cost Realism.

3. Information provided regarding

past performance will be evaluated by

the Government to determine the

applicant’s ability to perform PTACAP

requirements. Applicants selected for

the basic award will be considered for

award of option(s) if their demonstrated

performance is equal or better than that

required by the base year or first option

year cooperative agreement award and a

satisfactory or better performance rating

is received from the cognizant contract

administration activity. In the absence

of acceptable performance by the

original awardee, other applicants may
12618 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices

be selected to complete the option

period(s).

4. Although cost realism is of lesser

importance, the importance of cost

realism could increase among

applicants that are rated equally or

nearly equal. Should applicants become

equal or nearly equal in terms of the

factors shown above, other factors listed

below may be used as discriminating

elements for determining the selection

of applications among otherwise

substantially equal applicants. These

factors in descending order of

importance are:

a. Duplication of effort;

b. Demographic make-up, to include

population, unemployment, and labor

surplus area coverage;

c. Alternative methods employed to

stimulate outreach efforts aimed at

small disadvantaged businesses; and

d. Other strengths and weaknesses of

note demonstrated in the application.

5. The recommendation of applicants

to participate in the PTACAP will be

made by the Evaluation Team based on

an integrated assessment of all

applications submitted in response to

the solicitation and other terms and

conditions agreed upon prior to award.

The integrated assessment will involve

a determination by the Government of

the overall value of each proposal

judged in terms of the applicant’s

capability. Throughout the evaluation

process, the Government will

independently identify deficiencies

within the applications. The team will

collectively assess the overall

application, taking into account the

strengths and weaknesses of the

application as it relates to each

individual evaluation factor. A single

adjectival rating will be assigned to the

application, which will be used to

determine final award status.

B. Evaluation Criteria

1. Past Performance (existing

Programs only).

a. The Government will evaluate the

quality of the applicant’s past

performance. The assessment of the past

performance will be used in two (2)

ways:

(1) First, the assessment of the

offeror’s performance will be used as

one means of evaluating the credibility

of the applicant’s application. A record

of marginal or unacceptable past

performance may be considered and

indication that the representations made

by the applicant are less than reliable.

Such an indication may be reflected in

the overall assessment of the applicant’s

application.

(2) Second, the assessment of the

applicant’s past performance will be

used as one means of evaluating the

relative capability of the applicant and

the other applicants to meet the

performance requirements of the

PTACAP. Thus, an applicant with an

exceptional record of past performance

may receive a more favorable evaluation

than another whose record is

acceptable, even though both may have

otherwise equally acceptable

applications.

b. In investigating an applicant’s past

performance, the Government will

consider the information in the

applicant’s proposal and information

obtained from other sources, such as

past and present clients, other

Government agencies, and others who

may have useful information.

c. Evaluation of past performance will

be a subjective assessment based on a

consideration of all relevant facts and

circumstances. It will not be based on

absolute standards of acceptable

performance. The Government is

seeking to determine whether the offeror

has consistently demonstrated a

commitment to client satisfaction and

timely delivery of quality service at

reasonable costs. This is a matter of

judgment. Applicants may be given an

opportunity to address especially

unfavorable reports of past performance,

and the applicant’s response or lack

thereof will be taken into consideration.

d. By past performance, the

Government means the applicant’s

record of conforming to the PTACAP

requirements, including the

administrative aspects of performance,

reputation for reasonable and

cooperative behavior, commitment to

client satisfaction, and generally, the

applicant’s businesslike concern for the

interests of the client.

2. Management.

a. The proposed management team

will be rated to determine the degree of

experience offered by the team proposed

and the likelihood of successful

management under the PTACAP.

b. Management will be evaluated to

determine whether it meets the

PTACAP requirements.

c. The application will be evaluated to

determine the financial strength and

soundness of the organization. The

availability of resources under the

application will also be assessed. The

strength of the plan will be assessed to

determine the adequacy of the plan

proposed.

3. Technical Qualifications.

Understanding of and ability to meet

PTACAP requirements by the personnel

involved for this factor will be evaluated

to determine the extent to which it

meets the program requirements and the

likelihood of success of the PTACAP as

it relates to these requirements. Benefits

will be evaluated in terms of

management substance and

achievability.

4. Service Area (geographic and

demographic characteristics).

a. The service area will be evaluated

based upon the population to be

serviced as well as the unemployment

conditions in the area to determine the

scope and nature of the coverage

proposed.

b. Demographic characteristics will be

evaluated including the total population

of the state and the percentage of the

population to be served and the

unemployment conditions in the area.

The unemployment rate for the most

recent 24 month period for which

statistics are available will be used in

this process.

c. Service area will be evaluated to

assess the extent to which the program

maximizes coverage and achieves

PTACAP requirements and objectives.

5. Cost Realism.

Cost realism will be evaluated on the

basis of the applicant’s ability to project

cost which indicates an understanding

of the nature and scope of the work

required. The costs proposed will also

be evaluated for reasonableness.

Reasonableness is a judgment of the

proposed program costs as compared to

expected needs of the PTACAP,

appropriate indices and other relevant

measures. Implicit in the assessment is

the need to establish that any

application considered for an award

must also be realistic with respect to the

relationship of the cost to the level of

performance proposed. This

determination is critical to determining

the offeror’s understanding of the

PTACAP requirements and probability

of successful performance. Upon a

determination of cost realism, a

comparison of proposed costs will be

made to the other evaluation factors and

the Evaluation Team will make a

decision as to which applications

represent the best value to the

Government. It is to be noted that this

assessment will be a subjective

judgement as to the relative value of the

applications received. The Government

reserves the right to verify any and all

aspects of each applicant’s application.

3–7 Evaluation Factors

Applications will be evaluated for

merit and compliance with the

PTACAP’s solicitation requirements. In

order to provide full consideration of

the applicant’s qualification for an

award, each applicant should ensure

that the information furnished is factual

current, accurate, and complete. The

content should be presented in a
Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices 12619

manner that will allow evaluators to

determine the applicant’s understanding

of the SCAA, the operating environment

desired in PTA centers, and how the

applicant’s overall concept meets

requirements of the SCAA. Failure to

provide the information requested may

result in a determination that the

application is unacceptable and will be

removed from further consideration for

an award. The Government reserves the

right to verify information provided by

the applicant for evaluation purposes

and to request additional supporting

information, if needed. The evaluation

factors (in their order of importance)

are:

A. Past Performance (Existing Programs

Only)

Applicants having no record of past

performance under a DLA PTACAP will

receive a neutral rating for this

evaluation factor. A neutral rating for

new programs will have no adverse

effect on the determination for award.

Each applicant will be evaluated on its

most recent 12-month performance

period (prior to 1 April 1997 or 98)

under the existing solicitation regarding

compliance with requirements;

management of the program; and, ability

to account for the document associated

costs. The applicant must summarize

the requirements in its most recent 12-

month performance period and describe

how its program satisfied those

requirements to include jobs generated

and/or retained and justification for any

funds that were or will be deobligated.

Evaluation of past performance will be

a subjective assessment based on a

consideration of all relevant facts and

circumstances. The most recent copy of

the cognizant contract administration

activity’s evaluation report must be

provided. The following criteria will be

used to evaluate the application:

1. Highly acceptable—The application

must demonstrate a high degree of

success in satisfying all PTA Program

requirements during the most recent 12-

month performance period. The

cognizant administration activity’s

evaluation report must substantiate that

the applicant has an above average

program.

2. Acceptable—The application must

demonstrate that the applicant has met

all PTA Program requirements during

the most recent 12-month performance

period. The cognizant administration

activity’s evaluation report must

substantiate that the applicant has an

adequate program.

3. Marginally acceptable—The

application must demonstrate that the

applicant has satisfied most of the PTA

Program requirements during the most

recent 12-month performance period.

The cognizant administration activity’s

evaluation report must substantiate that

the applicant has implemented most

program requirements.

4. Unacceptable—The applicant has

fulfilled few of the PTA Program

requirements during the most current

12-month performance period. The

cognizant administration activity’s

evaluation report must substantiate that

the applicant has an inadequate

program.

Note: Limit this discussion to 4 singlespaced, type-written pages.

B. Management

Each applicant will be evaluated on

its management approach to

successfully implement the PTA

Program. The applicant shall describe

the methods and procedures it plans to

employ to manage the PTA Program in

an efficient and effective manner. The

applicant’s approach will be rated to

determine the degree of experience

offered and the likelihood of successful

management under the concept

proposed. In addition, the evaluation

will include an assessment of the

overall strength and soundness of the

organization. The following criteria will

be used to evaluate the application:

1. Highly acceptable—The applicant

has fully demonstrated that the

techniques and methodology it intends

to employ will enable it to exceed all

PTA Program requirements during the

period of performance.

2. Acceptable—The applicant has

demonstrated that the techniques and

methodology it intends to employ are

adequate and that its management

approach will enable it to satisfy all

PTA Program requirements.

3. Marginally acceptable—The

applicant has minimally demonstrated

that the management techniques and

methodology it intend to employ will

satisfy most of the PTA Program

requirements.

4. Unacceptable—The applicant has

not demonstrated an adequate

understanding of the management

techniques and methodology needed to

successfully operate a PTA Program and

satisfy requirements.

Note: Limit this discussion to 3 singlespaced, type-written pages.

C. Technical Qualifications

Each applicant will be evaluated on

the qualifications of its personnel

regarding the number of years of

procurement experience, including

government and industry experience,

procurement related training, and

education. The applicant must describe

how its personnel fulfills these

requirements. The following criteria

will be used to evaluate the application:

1. Highly acceptable—The majority of

the applicant’s professional personnel

have at least four years of procurement

experience; a baccalaureate degree,

preferably in business related subject;

and, have experience in operating a PTA

Center or equivalent type organization.

2. Acceptable—The majority of the

applicant’s professional personnel have

at least two years of procurement

experience; a baccalaureate degree,

preferably in business related subject;

and, have experience in operating a PTA

Center or equivalent type organization.

3. Marginally acceptable—The

majority of the applicant’s professional

personnel do not have more than one

year of procurement experience; have a

baccalaureate degree, preferably in

business related subject; and, have at

least some experience in operating a

PTA Center or equivalent type

organization.

4. Unacceptable—The majority of the

applicant’s professional personnel do

not have at least one year of

procurement experience; do not have a

baccalaureate degree; and, have no

experience in operating a PTA Center or

equivalent type organization.

Note: Limit this discussion to 2 singlespaced, type-written pages.

D. Service Area (Geographic and

Demographic Characteristics)

Each applicant will be evaluated on

the population base the applicant

identifies and the unemployment level

in the area to be serviced. Demographic

characteristics will be evaluated using

the total population of the state, the

percentage of the population to be

served and the unemployment

conditions in the area. The following

criteria will be used to evaluate the

application:

1. Highly acceptable—The applicant

must meet the following: (a) The

applicant will service an area that

consists of the lesser of either: (i) at least

one million residents or (ii) at least 75%

of the state’s available labor force or (iii)

75% of the population of the state, or (b)

the level of enemployment in the area

to be serviced is at least 1.25% above

the national unemployment rate for the

most recent 24-month period for which

statistics are available.

2. Acceptable—The applicant must

meet the following: (a) The applicant

will service an area that consists of the

lesser of either: (i) at least five hundred

thousand residents or (ii) at least 50%

of the state’s available labor force or (iii)

50% of the population of the state, or (b)

the level of unemployment in the area
12620 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices

to be serviced is at least 1% above the

national unemployment rate for the

most recent 24-month period for which

statistics are available.

3. Marginally acceptable—The

applicant must meet the following: (a)

the applicant will service an area that

consists of the lesser of either: (i) one

hundred fifty thousand residents or (ii)

at least 25% of the state’s available labor

force or (iii) 25% of the population of

the state, or (b) the level of

unemployment in the area to be

serviced is not more than 1% below the

national unemployment rate (e.g.,

national average minus 1%) for the most

recent 24-month period for which

statistics are available.

4. Unacceptable—Applicants who do

not meet the criteria in subparagraphs 1,

2, or 3 above are unacceptable.

Note: Limit this discussion to 1 singlespaced, type-written page.

E. Cost Realism

Each applicant’s response to this

element will be evaluated for

reasonableness and realism in managing

cost. Implicit in the assessment is the

need to demonstrate the relationship of

the estimated overall program cost to

the proposed level of performance. The

applicant shall describe the measures

intended to control, account for, and

document relevant costs. For example,

describe the ratio of program

management cost to counselor cost and

the ratio of program management cost to

total program cost, with an objective of

optimizing the percent of total program

cost to be spent on direct counseling

and assistance to clients. Unrealistic

cost reflected in the application will be

deemed indicative of the applicant’s

inability to perform the PTA Program.

Such applications may also reflect lack

of understanding of the complexity or

the risks in scope of the requirement. As

such, they will no longer be considered

eligible for award.

The following criteria will be used to

evaluate the application:

1. Highly acceptable—The applicant

must demonstrate that its approach to

cost management satisfies all PTA

Program requirements in an above

average manner.

2. Acceptable—The applicant must

demonstrate that its approach to cost

management is adequate to satisfy all

PTA Program requirements.

3. Marginally acceptable—The

applicant must demonstrate that it has

the capability to satisfy the majority of

the PTA Program requirements.

4. Unacceptable—The applicant has

indicated through its response to this

element that its cost management

approach is inadequate to fulfill

minimum PTA Program requirements.

Note: Limit this discussion to 1 singlespaced, type-written pages.

3–9 Cost Sharing Limitations

A. General program.

1. The DoD share of net program cost

shall not exceed 50%, except in a case

where an eligible entity meets the

criteria for a distressed area. When the

prerequisite conditions to qualify as a

distressed area are met, the DoD share

may be increased to an amount not to

exceed 75%. In no event shall the DoD

share of net program cost exceed

$150,000 for programs providing less

than statewide coverage or $300,000 for

programs providing statewide coverage.

2. Consultant services provided by

private nonprofit and/or profit making

individuals, organizations or otherwise

qualified business entities may be used

to augment a cooperative agreement

recipient’s internal capabilities subject

to the 10% total program cost limitation.

B. American Indian program.

1. The DoD share shall not exceed

75% of net program cost or $150,000 for

a program providing service on

reservations within one BIA service

area, or $300,000 for a program

providing multi-area coverage.

2. Consultant services provided by

private nonprofit and/or profit making

individuals, organizations or otherwise

qualified business entities may be used

to augment a cooperative agreement

recipient’s internal capabilities subject

to the 25% total program cost limitation.

C. The type and value of third-party

in-kind contributions is limited to no

more than 25% of total program cost.

Third-party in-kind contributions shall

meet the requirements set forth by

subparagraphs 3–10E and 3–10F below.

D. Indirect cost and/or indirect rate

used in the application are subject to

downward revision only.

E. The applicant shall submit a copy

of the current negotiated indirect rate

memorandum issued by its cognizant

Federal agency.

F. Indirect cost incurred by

educational institutions (recipients and

subrecipients) shall be charged in

accordance with the most current

version of applicable OMB Circulars to

include any limitation set forth therein.

3–10 Cost Sharing Criteria

A. Cost contributions may be either

direct or indirect costs, provided such

costs are otherwise allowable in

accordance with the applicable cost

principles. Allowable costs which are

absorbed by the applicant as its share of

costs may not be charged directly or

indirectly or may not have been

previously charged, in part or in whole,

to the Federal Government under other

contracts, agreements, or grants.

B. Except as provided by Federal

statute, a cost sharing or matching

requirement may not be met by costs

borne by another Federal grant.

C. Program income or other Federal

funds, that are not authorized for use by

Federal statute (excluding loan

guarantee agreements since these do not

provide for disbursement of Federal

funds) are not acceptable for use as the

applicant’s cost matching funds.

Inclusion of other Federal funds in the

program as part of total program cost is

subject to authorization by Federal

statute and the terms of the instrument

containing such funds or written advice

obtained from the agency awarding the

Federal funds. Any Federal funds used

by the eligible entity, other than the

DoD PTA Cooperative Agreement

Program funds, must be disclosed and

identified in the eligible entity’s

application.

D. Neither costs nor the values of

third party in-kind contributions may

count toward satisfying a cost sharing or

matching requirement of the SCAP if

they have been or will be counted

toward satisfying a cost sharing or

matching requirement of another

Federal grant, a Federal procurement

contract, or any other award of Federal

funds.

E. All applicant contributions,

including cash and third party in-kind,

shall be accepted as part of the

recipient’s cost sharing or matching

when such contributions meet all of the

following criteria: (1) are verifiable from

the records of recipients, subrecipients,

or cost-type contractors (these records

must show how the value placed on

third party in-kind contributions was

derived and to the extent feasible,

volunteer services must be supported by

the same methods that the organization

uses to support the allocability of

regular personnel costs); (2) are not

included as contributions for any other

federally-assisted project or program; (3)

are necessary and reasonable for proper

and efficient accomplishment of the

project or program objectives; (4) are

allowable under the applicable cost

principles; (5) are not paid by the

Federal government under another

award, except where authorized by

Federal statute to be used for cost

sharing or matching; (6) are provided for

in the budget; and (7) conform to other

provisions for uniform administration

requirements under the applicable OMB

Circular.

F. Third party in-kind contributions

may satisfy a cost sharing or matching

requirement only when the payments
Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices 12621

would be allowable costs if the party

receiving the contributions were to pay

for them. Some third party in-kind

contributions are goods and services

that would have been an indirect cost if

the recipient, subrecipient or contractor

had been required to pay for them. Cost

sharing or matching credit for such

contributions may be given only if the

recipient, subrecipient or contractor has

established, along with its regular

indirect cost rate, a special rate for

allocating to individual projects or

programs the value of the contributions.

G. Where distressed funding (greater

than 50%) is requested and the civil

jurisdiction(s) which the applicant

plans to service is both distressed and

nondistressed, two budgets must be

submitted identifying the anticipated

distribution of total program cost

between these two areas. In addition,

the recipient’s accounting system must

segregate and accumulate costs in each

of the two budget areas.

H. Recipients of PTA cooperative

agreements are required to maintain

records adequate to reflect the nature

and extent of their costs and

expenditures, and to ensure that their

required cost participation is achieved.

3–11 Option To Extend the Term of

the Cooperative Agreement

A. A SCAA will be issued every third

fiscal year, i.e., 1996, 1999, etc.

Cooperative agreements will be awarded

for a base year or for a base year with

one option period of twelve months.

B. The awarding of a cooperative

agreement for a base year with one or

two option periods of twelve months

each does not guarantee the recipient

that an option(s) will be exercised. The

Government at its sole discretion may

elect not to exercise an option(s), to

exercise an option(s) or to replace an

existing program with either another

existing or new start program. The

determination to exercise or not to

exercise an option will be made on a

program by program basis. Duplicate

coverage, the number of DLA funded

PTA centers operating in a state and

DoD funds available may be considered

when deciding to or not to exercise an

option.

C. An option may be exercised by the

Government providing the recipient’s:

1. Level of demonstrated performance

in these areas (past performance,

management, technical qualifications

and cost realism) is acceptable or better.

2. Technical capability is equal or

better than that required by the base

year or first option year cooperative

agreement award.

3. Cost matching funds are available.

4. Five client success stories that

resulted from the substantial effort of

the PTA center are verified by the

Government and—

5. No other new application(s)

(existing or new start) are received by

DLA that can provide similar or better

services at a lower cost to the

Government.

D. The Government shall give the

cooperative agreement recipient a

preliminary written notice of its intent

to extend the cooperative agreement

performance period no later than 120

calendar days prior to the end of the

Government’s current fiscal year (1

October thru 30 September). The

preliminary notice does not commit the

government to an extension. The

Government may extend the effective

period of the cooperative agreement by

giving written notice to the cooperative

agreement recipient no later than 105

calendar days after issuance of the

preliminary notice.

E. New applications for cooperative

agreements must be submitted no earlier

than 1 April and received no later than

30 April of calendar years 1997 and

1998. The application shall be prepared

in accordance with the most recent

solicitation for cooperative agreement

application. Generally, awards will be

made during the month of September.

1. Applications received prior to April

30, 1996, if selected to receive an award,

will be awarded for a base year with two

option periods of twelve months each.

2. Applications received prior to April

30, 1997, if selected to receive an award,

will be awarded for a base year with one

option period of twelve months.

3. Applications received prior to April

30, 1988, if selected you receive an

award, will be awarded for a base year

only.

4. The base year application

submitted prior to 30 April 1996 or

1997, unless otherwise extended, must

include separate SF 424s and SF 424As

for the option year(s). Detailed budget

information for the option year(s) is not

required to be submitted with the base

year application. However, the net

program cost and geographic area of

coverage shall be the same for the

option period(s) as that provided for the

base year.

F. The notice of award for the base

year will provide funding for a 12-

month period only. Option year(s) are

subject to the availability of funds as set

forth by the clause entitled ‘‘Availability

of funds.’’

G. Option Year(s) requirements.

Upon receipt of the Government’s

preliminary written notice of its intent

to extend, at least 120 calendar days

prior to the end of the Government’s

current fiscal year, the cooperative

agreement recipient that desires

exercising of the option, shall prepare

and submit, to the Grants Officer no

later than 30 calendar days after receipt

of the Government’s preliminary notice,

the following:

1. Competed SF 424A for the option

year with a complete narrative

justification for budgeted costs.

2. Completed goal work sheet.

3. Copy of its current negotiated

indirect cost rate agreement, if there are

any changes.

4. Certification of cost match.

5. Updated personnel form.

6. Five client success stories that

resulted from the substantial effort of

the PTA center.

7. The number of jobs generated and/

or retained resulting from the

procurement technical assistance

provided by the recipient.

8. A summary of its most recent 12-

month performance period, description

of how its program satisfies the criteria

set forth below and justification for any

funds that were deobligated.

H. Evaluation of past performance

will be a subjective assessment based on

a consideration of all relevant facts and

circumstances. The most recent copy of

the contract administration activity’s

Evaluation Report must be provided.

1. Highly acceptable—The application

must demonstrate a high degree of

success in satisfying all PTA Program

requirements during the most current

12-month performance period. The

evaluation report must substantiate that

the applicant has an above average

program.

2. Acceptable—The application must

demonstrate that the applicant has met

all PTA Programs requirements during

the most recent 12-month performance

period. The evaluation report must

substantiate that the applicant has an

adequate program.

3. Marginally acceptable—The

application must demonstrate that the

applicant has satisfied most of the PTA

Program requirements during the most

recent 12-month performance period.

The evaluation report must substantiate

that the applicant has implemented

most program requirements.

4. Unacceptable—The applicant has

fulfilled few of the PTA Program

requirements during the most recent 12-

month performance period. The

evaluation report must substantiate that

the applicant has an inadequate

program.

Note: Limit this discussion to 3 singlespaced, type-written pages.
12622 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices

3–12 Administration

A. Cooperative agreements with state

and local governments, nonprofit

organizations and Indian economic

enterprises will be assigned to the

cognizant Defense Contract Management

Command for administration.

Cooperative agreements with

educational institutions will be assigned

to the Office of Naval Research for

administration.

B. The organization having

cognizance for post award

administration will periodically review

the recipient’s performance under the

cooperative agreement to include: 1. Management control systems;

2. Financial management systems;

3. Progress being made by the

recipient in meeting its program

requirements; and 4. Compliance with certifications,

representations and other performance

factors.

The cognizant Deputy for Small

Business will be the focal point for the

Administrative Contracting Officer for

small business issues and for all

recipient publication and training

requests. C. For recipients covered by OMB

Circular No. A–102, Grants and

Cooperative Agreements with State and

Local Governments, or OMB Circular

No. A–110, Grants and Agreements with

Institutions of Higher Education,

Hospitals and other Non-profit

Organizations, the administrative

requirements specified in those

circulars will apply. D. Each state and local entity that

receives Federal funding is required to

have audits performed in accordance

with the requirements of OMB Circular

A–128. Nonprofit organizations and

institutions of higher education are

required to have audits performed in

accordance with the requirements of

OMB Circular A–133. Indian economic

enterprises (for profit only) will have

audits performed in accordance with the

requirements of OMB Circular A–133.

Recipients shall submit one copy of any

audit report that results form any audit

performed pursuant to the requirements

of the PTA cooperative agreement to the

Office of the Assistant Inspector General

for Audit, Policy and Oversight, Office

of the Inspector General, 400 ArmyNavy Drive, Room 1076, Arlington, VA

22202–2884.

E. The following OMB Circulars will

be used to determine allowable costs in

performance of the program. 1. OMB Circular No. A–21, Principles

for Educational Institutions;

2. OMB Circular No. A–87, Cost

Principles for State and Local

Governments; and

3. OMB Circular No. A–122, Cost

Principles for Nonprofit Organizations.

This circular will also be used by forprofit organizations.

[FR Doc. 97–6570 Filed 3–14–97; 8:45 am]

BILLING CODE 5000–03–M

DEPARTMENT OF THE ARMY

Corps of Engineers

Intent To Prepare a Draft Supplement

to the Final Environmental Statement

(DSFES) for the Operation and

Maintenance Program Wister Lake,

Poteau River, OK

AGENCY: U.S. Army Corps of Engineers,

Department of Defense.

ACTION: Notice of intent.

SUMMARY: The purpose of the DSFES is

to address raising the top of

conservation pool since filing of the

Final Environmental Statement on 13

October 1973.

FOR FURTHER INFORMATION CONTACT: Mr.

David L. Combs, Chief, Environmental

Analysis and Support Branch, Tulsa

District, U.S. Army Corps of Engineers,

P.O. Box 61, Tulsa, Oklahoma 74121–

0061 or telephone 918–669–7660.

SUPPLEMENTARY INFORMATION: Wister

Lake was authorized by the Flood

Control Act of 1938 and is operated for

flood control, water supply, low flow

augmentation, water conservation, and

sedimentation. Construction was

initiated 10 April 1946 and the project

was placed in operation in October

1949.

Wister Lake is located in the northern

foothills of the Kiamichi Mountains

adjacent to the Ouachita National Forest

in LeFlore and Latimer Counties of

Oklahoma. The damsite is on the Poteau

River approximately 2 miles south of

the town of Wister, Oklahoma. As

originally authorized at conservation

pool elevation 471.6 feet National

Geodetic Vertical Datum (NGVD), the

lake contained 27,000 acre-feet of water

storage with a surface area of 4,000

acres.

In 1974, an operational plan was

implemented at Wister Lake to

seasonally raise the conservation pool

from elevation 471.6 to 478.0 feet NGVD

between June and December. This

seasonal increase in elevation continued

each year thereafter on a temporary

basis until it was made permanent in

1978. In 1983, Public Law 98–63

directed the Chief of Engineers to raise

the permanent conservation pool level

from elevation 471.6 to 474.6 feet NGVD

and to raise the conservation pool

seasonally between 1 June and 1

December to 478.0 feet NGVD. The

Water Resources Development Act of

1996 further modified the project and

permanently raised the top of

conservation pool to elevation 478.0 feet

NGVD.

Reasonable Alternatives To Be

Considered Include

a. No action

b. Continued operation of the project

with environmental compliance

Significant Issues To Be Addressed In

the (DSFES) Include

The potential impact of raising the top

of conservation pool on other project

purposes, fish and wildlife resources,

water quality, recreation, cultural

resources, Federally listed threatened

and/or endangered species, and

mitigation requirements.

List of Affected Parties

A mailing list has been developed for

various notices concerning preparation

of this supplement. This list includes

local, state, and Federal officials having

jurisdiction, expertise, or other interests

in the action: environmental interest

groups, native American tribal

governments, and local news media.

Scoping

Comments received as a result of this

Notice of Intent will be used to assist

the Tulsa District in identifying

potential impacts to the quality of

human and natural environments.

Individuals or organizations may

participate in the scoping process by

written comment or by attending a

scoping meeting. The time and location

of the scoping meeting will be

announced in local newspapers and by

public notice sent to parties indicated in

the previous paragraph. Written

comments may be forwarded to the

above noted address. To be considered

in the DSFES, comments and

suggestions should be received no later

than 15 days following the public

scoping meeting.

Timothy L. Sanford,

Colonel, EN, Commanding.

[FR Doc. 97–6576 Filed 3–14–97; 8:45 am]

BILLING CODE 3710–39–M

Department of the Navy

Notice of Intent To Prepare a Draft

Environmental Impact Statement for

the Proposed Disposal and Reuse of

Naval Air Warfare Center, Aircraft

Division, Trenton, Ewing Township, NJ

SUMMARY: Pursuant to Council on

Environmental Quality regulations (40