18562 Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Notices 

Department of Commerce Pre-Award 

Notification Requirements for Grants 

and Cooperative Agreements contained 

in the Federal Register notice of 

February 11, 2008 (73 FR 7696) are 

applicable to this solicitation. 

Paperwork Reduction Act: This 

document contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA). The 

use of Standard Forms 424, 424A, 424B, 

SF–LLL, and CD–346 have been 

approved by OMB under the respective 

control numbers 0348–0043, 0348–0044, 

0348–0040, 0348–0046, and 0605–0001. 

Notwithstanding any other provisions of 

law, no person is required to respond to, 

nor shall any person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

Paperwork Reduction Act unless that 

collection displays a currently valid 

OMB Control Number. 

Executive Order 12866: This notice 

has been determined to be not 

significant for purposes of E.O. 12866. 

Administrative Procedure Act/ 

Regulatory Flexibility Act: Prior notice 

and an opportunity for public comment 

are not required by the Administrative 

Procedure Act for rules concerning 

public property, loans, grants, benefits, 

or contracts (5 U.S.C. 533(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 533 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis is not required and 

has not been prepared. 

Dated: April 17, 2009. 

Efrain Gonzalez, 

Chief, Office of Business Development, 

Minority Business Development Agency. 

[FR Doc. E9–9297 Filed 4–22–09; 8:45 am] 

BILLING CODE 3510–21–P 

DEPARTMENT OF COMMERCE 

Minority Business Development 

Agency 

[Docket No.: 090416670–9679–01] 

Solicitation of Applications for the 

Native American Business Enterprise 

Center (NABEC) Program 

AGENCY: Minority Business 

Development Agency, Commerce. 

ACTION: Notice. 

SUMMARY: In accordance with 15 U.S.C. 

Section 1512 and Executive Order 

11625, the Minority Business 

Development Agency (MBDA) is 

soliciting competitive applications from 

organizations to operate a Native 

American Business Enterprise Center 

(NABEC) in the four locations and 

geographical service areas specified in 

this notice. The NABEC operates 

through the use of business consultants 

and provides a range of business 

consulting and technical assistance 

services directly to Native American 

and other eligible minority-owned 

businesses. Responsibility for ensuring 

that applications in response to this 

competitive solicitation are complete 

and received by MBDA on time is the 

sole responsibility of the applicant. 

Applications submitted must be for the 

operation of a NABEC and to provide 

business consultation services to 

eligible clients. Applications that do not 

meet these requirements will be 

rejected. This is not a grant program to 

help start or to further an individual 

business. 

A link to the full text of the 

Announcement of Federal Funding 

Opportunity (FFO) for this solicitation 

may be accessed at: http:// 

www.Grants.gov, http://www.mbda.gov, 

or by contacting the appropriate MBDA 

representative identified below. The 

FFO contains a full and complete 

description of the application and 

programmatic requirements under the 

NABEC Program. In order to receive 

proper consideration, applicants must 

comply with the requirements 

contained in the FFO. 

DATES: The closing date for receipt of 

applications is June 4, 2009 at 5 p.m. 

Eastern Daylight Time (EDT). 

Completed applications must be 

received by MBDA at the address below 

for paper submissions or at http:// 

www.Grants.gov for electronic 

submissions. The due date and time is 

the same for electronic submissions as 

it is for paper submissions. The date 

that applications will be deemed to have 

been submitted electronically shall be 

the date and time received at 

Grants.gov. Applicants should save and 

print the proof of submission they 

receive from Grants.gov. Applications 

received after the closing date and time 

will not be considered. Anticipated time 

for processing is seventy-five (75) days 

from the close of the competition 

period. MBDA anticipates that awards 

under this notice will be made with a 

start date of September 1, 2009. 

Pre-Application Conference: In 

connection with this solicitation, a preapplication teleconference will be held 

on May 4, 2009 at 1:00 p.m. (EDT). 

Participants must register at least 24 

hours in advance of the teleconference 

and may participate in person or by 

telephone. Please visit the MBDA 

Internet Portal at http://www.mbda.gov 

(MBDA Portal) or contact an MBDA 

representative listed below for 

registration instructions. 

ADDRESSES: 1. Electronic Submission: 

Applicants are highly encouraged to 

submit their proposal electronically at 

http://www.Grants.gov. Electronic 

submissions should be made in 

accordance with the instructions 

available at Grants.gov (see http:// 

www.grants.gov/forapplicants for 

detailed information). MBDA strongly 

recommends that applicants not wait 

until the application deadline date to 

begin the application process through 

Grants.gov as, in some cases, the process 

for completing an online application 

may require 3–5 working days. 

2a. Paper Submission—If Mailed: If 

the application is sent by postal mail or 

overnight delivery service by the 

applicant or its representative, one (1) 

signed original plus two (2) copies of 

the application must be submitted. 

Completed application packages must 

be mailed to: Office of Business 

Development—NABEC Program, Office 

of Executive Secretariat, HCHB Room 

5063, Minority Business Development 

Agency, U.S. Department of Commerce, 

1401 Constitution Avenue, NW., 

Washington, DC 20230. 

Applicants are advised that MBDA’s 

receipt of mail sent via the United States 

Postal Service may be substantially 

delayed or suspended in delivery due to 

security measures. Applicants may 

therefore wish to use a guaranteed 

overnight delivery service. Department 

of Commerce delivery policies for 

overnight delivery services require all 

packages to be sent to the address above. 

2b. Paper Submission—If HandDelivered: If the application is handdelivered by the applicant or by its 

representative, one (1) signed original 

plus two (2) copies of the application 

must be delivered to: U.S. Department 

of Commerce, Minority Business 

Development Agency, Office of Business 

Development—NABEC Program 

(extension 1940), HCHB—Room 1874, 

Entrance #10, 15th Street, NW. (between 

Pennsylvania and Constitution 

Avenues), Washington, DC. MBDA will 

not accept applications that are 

submitted by the deadline, but that are 

rejected due to the applicant’s failure to 

adhere to Department of Commerce 

protocol for hand-deliveries set forth in 

Section IV.D.2. of the accompanying 

FFO. 

FOR FURTHER INFORMATION CONTACT: For 

further information or for an application 

package, please visit MBDA’s Minority 

Business Internet Portal at http:// 

www.mbda.gov. Paper applications may 

also be obtained by contacting the 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Notices 18563 

MBDA Office of Business Development 

or the MBDA National Enterprise Center 

(NEC) in the region in which the 

NABEC will be located (see below 

Agency Contacts). In addition, Standard 

Forms (SF) may be obtained by 

accessing http://www.whitehouse.gov/ 

omb/grants or http://www.grants.gov. 

and Department of Commerce (CD) 

forms may be accessed at http:// 

www.doc.gov/forms. 

Agency Contacts: 

1. MBDA Office of Business 

Development, 1401 Constitution 

Avenue, NW., Room 5075, Washington, 

DC 20230. Contact: Efrain Gonzalez, 

Chief, 202–482–1940. 

2. MBDA Atlanta National Enterprise 

Center (ANEC), 401 W. Peachtree Street, 

Suite 1715, Atlanta, GA 30308. This 

region covers the states of Alabama, 

Florida, Georgia, Kentucky, Mississippi, 

North Carolina, South Carolina and 

Tennessee. Contract: Patricia Hanes, 

Regional Director, 404–730–3300. 

3. MBDA Chicago National Enterprise 

Center (CNEC), 55 E. Monroe Street, 

Suite 2810, Chicago, Illinois 60603. This 

region covers the states of Illinois, 

Indiana, Iowa, Michigan, Minnesota, 

Missouri, Nebraska, Ohio, and 

Wisconsin. Contact: Eric Dobyne, 

Regional Director, 312–353–0182. 

4. Dallas National Enterprise Center 

(DNEC), 1100 Commerce Street, Room 

726, Dallas, Texas 75242. This region 

covers the states of Arkansas, Colorado, 

Louisiana, Montana, New Mexico, North 

Dakota, Oklahoma, South Dakota, Texas, 

Utah and Wyoming. Contact: John F. 

Iglehart, Regional Director, 214–767– 

8001. 

SUPPLEMENTARY INFORMATION: 

Background: The NABEC Program is 

a key component of MBDA’s overall 

minority business development 

assistance program and promotes the 

growth and competitiveness of Native 

American and eligible minority-owned 

businesses. NABEC operators leverage 

project staff and professional 

consultants to provide a wide-range of 

direct business assistance services to 

Native American, tribal entities and 

eligible minority-owned firms. NABEC 

services include, but are not limited to, 

initial consultations and assessments, 

business technical assistance, and 

access to federal and non-federal 

procurement and financing 

opportunities. 

MBDA currently funds a network of 

eight NABEC projects located 

throughout the United States. Pursuant 

to this notice, and as set forth more fully 

in the corresponding FFO, competitive 

applications for new three-year awards 

are being solicited for the four NABEC 

projects set forth below. 

Geographical Service Areas: MBDA is 

soliciting competitive applications from 

organizations to operate a NABEC and 

to provide services in the following 

geographical service areas: 

NABEC name Geographical service area 

North Carolina 

NABEC.

State of North Carolina. 

Minnesota/ 

Iowa 

NABEC.

States of Minnesota & Iowa. 

New Mexico 

NABEC.

State of New Mexico. 

Oklahoma 

NABEC.

State of Oklahoma. 

The NABEC project must be physically 

located within the applicable 

geographical service area. 

Electronic Access: Applicants will be 

able to access, download and submit 

electronic grant applications for the 

NABEC Program through http:// 

www.Grants.gov. MBDA strongly 

recommends that applicants not wait 

until the application deadline date to 

begin the application process through 

Grants.gov as in some cases the process 

for completing an online application 

may require additional time (e.g., 3–5 

working days). The date that 

applications will be deemed to have 

been submitted electronically shall be 

the date and time received at 

Grants.gov. Applicants should save and 

print the proof of submission they 

receive from Grants.gov. Applications 

received after the closing date and time 

will not be considered. 

Funding Priorities: Preference may be 

given during the selection process to 

applications which address one or more 

of the following MBDA funding 

priorities: 

(a) Proposals that include 

performance goals that exceed by 10% 

or more the minimum performance goal 

requirements in the FFO; 

(b) Applicants who demonstrate an 

exceptional ability to identify and work 

towards the elimination of barriers 

which limit the access of minority 

businesses to markets and capital; 

(c) Applicants who demonstrate an 

exceptional ability to identify and work 

with Native American firms, tribal 

entities or minority firms seeking to 

obtain large-scale contracts and/or 

insertion into supply chains with 

institutional customers; 

(d) Proposals that utilize fee for 

service models consistent with the fee 

structure based on client revenues as set 

forth in Section III.B. of the 

accompanying FFO and those that use 

innovative approaches to charging and 

collecting fees from clients; 

(e) Proposals that take a regional 

approach in providing services to 

eligible clients; or 

(f) Proposals from applicants with 

pre-existing operations in the identified 

geographic service area(s). 

Funding Availability: A total of 

$835,000 of FY 2009 funds is available 

under the Omnibus Appropriations Act, 

2009, Public Law No. 111–8, to fund 

financial assistance awards for the four 

(4) NABEC projects referenced in this 

solicitation. MBDA anticipates that this 

amount will also be available in each of 

FYs 2010 and 2011 to provide 

continuation funding for these projects. 

The total award period for awards made 

under this competitive solicitation is 

anticipated to be three years and all 

awards are expected to be made with a 

start date of September 1, 2009. The 

anticipated amount of the financial 

assistance award for each NABEC 

project, including the minimum 10% 

non-federal cost share is set forth in the 

below table, although actual award 

amounts may vary depending on the 

availability of funds: 

Project name 

September 1, 2009 

through 

August 31, 2010 

September 1, 2010 

through 

August 31, 2011 

September 1, 2011 

through 

August 31, 2012 

Total 

cost 

($) 

Federal 

share 

($) 

Nonfederal 

share ($) 

(10% min.) 

Total 

cost 

($) 

Federal 

share 

($) 

Nonfederal 

share ($) 

(10% min.) 

Total 

cost 

($) 

Federal 

share 

($) 

Nonfederal 

share ($) 

(10% min.) 

(1) North Carolina NABEC .......................... $222,300 $200,000 $22,300 $222,300 $200,000 $22,300 $222,300 $200,000 $22,300

(2) Minnesota/Iowa NABEC ........................ 222,300 200,000 22,300 222,300 200,000 22,300 222,300 200,000 22,300 

(3) New Mexico NABEC ............................. 222,300 200,000 22,300 222,300 200,000 22,300 222,300 200,000 22,300 

(4) Oklahoma NABEC ................................. 261,000 235,000 26,000 261,000 235,000 26,000 261,000 235,000 26,000 


sroberts on PROD1PC70 with NOTICES
18564 Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Notices 

Applicants must submit project plans 

and budgets for each of the three (3) 

program years. Projects will be funded 

for no more than one year at a time. 

Project proposals accepted for funding 

will not compete for funding in 

subsequent budget periods within the 

approved award period. However, 

operators that fail to achieve a 

‘‘satisfactory’’ or better performance 

rating for the preceding program year 

may be denied second- or third-year 

funding (as the case may be). 

Recommendations for second- and 

third-year funding are generally 

evaluated by MBDA based on a midyear performance rating and/or 

combination of mid-year and 

cumulative third quarter performance 

rating. In making such continued 

funding determinations, MBDA and the 

Department of Commerce will consider 

all the facts and circumstances of each 

case, such as but not limited to market 

conditions, most recent performance of 

the operator and other mitigating 

circumstances. 

The funding periods and funding 

amounts referenced in this solicitation 

are subject to the availability of funds, 

as well as to Department of Commerce 

and MBDA priorities at the time of 

award. In no event will the Department 

of Commerce or MBDA be responsible 

for proposal preparation costs if this 

program fails to receive funding or is 

cancelled because of other MBDA or 

Department of Commerce priorities. 

Publication of this notice does not 

obligate the Department of Commerce or 

MBDA to award any specific 

cooperative agreement or to obligate all 

or any part of available funds. 

Authority: 15 U.S.C. Section 1512 and 

Executive Order 11625. 

Catalog of Federal Domestic 

Assistance (CFDA): 11.801, Native 

American Business Enterprise Center 

Program. 

Eligibility: For-profit entities 

(including but not limited to soleproprietorships, partnerships, and 

corporations), non-profit organizations, 

state and local government entities, 

American Indian Tribes, and 

educational institutions are eligible to 

operate a NABEC. 

Program Description: MBDA is 

soliciting competitive applications from 

organizations to operate four (4) Native 

American Business Enterprise Centers 

(NABEC) (formerly known as Native 

American Business Development 

Centers). The NABEC will operate 

through the use of trained professional 

business consultants who will assist 

Native American and other minority 

entrepreneurs and tribal entities through 

direct client engagements. 

Entrepreneurs eligible for assistance 

under the NABEC Program are Native 

Americans (including Alaska Natives, 

Alaska Native Corporations and tribal 

entities), Eskimos, African Americans, 

Puerto Ricans, Spanish-speaking 

Americans, Aleuts, Asian Pacific 

Americans, Asian Indians and Hasidic 

Jews. References throughout this notice 

regarding a NABEC’s provision of 

services and assistance to Native 

American clients also includes the 

eligible non-Native American clients 

listed in the preceding sentence. No 

service may be denied to any member of 

the eligible groups listed above. 

The NABEC Program requires project 

staff to: provide standardized business 

assistance services directly to eligible 

Native American clients, with an 

emphasis on those firms with $500,000 

or more in annual revenues and/or with 

‘‘rapid growth potential’’ (‘‘Strategic 

Growth Initiative’’ or ‘‘SGI’’ firms); 

develop and maintain a network of 

strategic partnerships; provide 

collaborative consulting services with 

MBDA and other MBDA funded 

programs and strategic partners; and to 

provide referral services (as necessary) 

for client transactions. NABEC operators 

will assist Native American clients in 

accessing federal and non-federal 

contracting and financing opportunities 

that result in demonstrable client 

outcomes. Specific work requirements 

and performance metrics are used by 

MBDA to evaluate each project and are 

a key component of the NABEC 

program. 

The NABEC Program also 

incorporates an entrepreneurial 

approach to building market stability 

and improving quality of services 

delivered. This strategy expands the 

reach of the NABECs by requiring 

project operators to develop and build 

upon strategic alliances with public and 

private sector partners, as a means of 

serving Native American and minorityowned firms within each NABEC’s 

geographical service area. The NABEC 

Program is also designed to leverage 

MBDA resources including but not 

limited to: MBDA Office of Native 

American Business Development; 

MBDA Office of Business Development; 

MBDA National Enterprise Centers; 

MBDA Business Internet Portal; and 

MBDA’s network of Minority Business 

Opportunity Centers (MBOCs), Minority 

Business Enterprise Centers (MBECs), 

and other NABECs. NABEC operators 

are required to attend a variety of MBDA 

training programs designed to increase 

operational efficiencies and the 

provision of value-added client services. 

NABEC operators are generally 

required to provide the following four 

client services: (1) Client Assessment— 

identifying clients’ immediate and longterm needs and establishing projected 

growth tracks; (2) Strategic Business 

Consulting—providing intensive 

business consulting services that can be 

delivered as personalized consulting or 

group consulting; (3) Access to 

Capital—assisting clients with securing 

necessary financial capital; and (4) 

Access to Markets—assisting clients to 

identify and access opportunities for 

increased sales and revenues. 

Please refer to the FFO pertaining to 

this competitive solicitation for a full 

and complete description of the 

application and programmatic 

requirements under the NABEC 

Program. 

Match Requirements: The NABEC 

Program requires a minimum nonfederal cost share of 10%, which must 

be reflected in the proposed project 

budget. Non-federal cost share is the 

portion of the project cost not borne by 

the Federal Government. Applicants 

must satisfy the non-federal cost sharing 

requirements by one or more of the 

following four means or any 

combination thereof: (1) Client fees; (2) 

applicant cash contributions; (3) 

applicant in-kind (i.e., non-cash) 

contributions; or (4) third-party in-kind 

contributions. The NABEC is not 

required to charge client fees for 

services rendered. However, MBDA 

encourages all NABECs to implement a 

fee-for-service program. Client fees (if 

imposed) must be used towards meeting 

non-federal cost share requirements and 

must be used in furtherance of the 

program objectives. In addition, the 

NABEC’s client fee structure must be 

based on a sliding scale of client 

revenues as set forth in Section III.B. of 

the accompanying FFO. Applicants will 

be awarded up to five (5) bonus points 

to the extent that the proposed project 

budget includes a non-federal cost share 

contribution, measured as a percentage 

of the overall project budget, exceeding 

10% (see Evaluation Criterion below). 

Evaluation Criterion: Proposals will 

be evaluated and applicants will be 

selected based on the below evaluation 

criterion. The maximum total number of 

points that an application may receive 

is 105, including the bonus points for 

exceeding the minimum required nonfederal cost share, except when oral 

presentations are made by applicants. If 

oral presentations are made (see below: 

Oral Presentation By MBDA Selected 

Applicants), the maximum total of 

points that can be earned is 115. The 

number of points assigned to each 

evaluation criterion will be determined 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Notices 18565 

on a competitive basis by the MBDA 

review panel based on the quality of the 

application with respect to each 

evaluation criterion. 

1. Applicant Capability (40 points) 

Proposals will be evaluated with 

respect to the applicant’s experience 

and expertise in providing the work 

requirements listed. Specifically, 

proposals will be evaluated as follows: 

(a) Community—Experience in and 

knowledge of the Native American 

community, Native American tribal 

entities and minority business sector, 

and strategies for enhancing its growth 

and expansion; particular emphasis 

shall be on expanding SGI firms and 

tribal entities. Consideration will be 

given to whether the applicant has a 

physical presence in the geographic 

service area at the time of its application 

(4 points); 

(b) Business Consulting—Experience 

in and knowledge of business 

consulting with respect to Native 

American and minority firms and tribal 

entities, with emphasis on SGI firms in 

the geographic service area (5 points); 

(c) Financing—Experience in and 

knowledge of the preparation and 

formulation of successful financial 

transactions, with an emphasis on the 

geographic service area (5 points); 

(d) Procurements and Contracting— 

Experience in and knowledge of the 

public and private sector contracting 

opportunities for Native American 

entities and minority businesses, as well 

as demonstrated expertise in assisting 

clients into supply chains (5 points); 

(e) Financing Networks—Resources 

and professional relationships within 

the corporate, banking and investment 

community that may be beneficial to 

Native American entities and minorityowned firms (5 points); 

(f) Establishment of a Self-Sustainable 

Service Model—Summary plan to 

establish a self-sustainable model for 

continued services to the Native 

American and MBE communities 

beyond the three-year MBDA award 

period (3 points); 

(g) MBE Advocacy—Experience and 

expertise in advocating on behalf of 

Native American communities, Native 

American tribal entities and minority 

businesses, both as to specific 

transactions in which a minority 

business seeks to engage and as to broad 

market advocacy for the benefit of the 

minority community at large (3 points); 

and 

(h) Key Staff—Assessment of the 

qualifications, experience and proposed 

role of staff that will operate the 

NABEC. In particular, an assessment 

will be made to determine whether 

proposed key staff possesses the 

expertise in utilizing information 

systems and the ability to successfully 

deliver program services. At a minimum 

the applicant must identify a proposed 

project director (10 points). 

2. Resources (20 points) 

Proposals will be evaluated under this 

criterion as follows: 

(a) Resources—Resources (not 

included as part of the non-federal cost 

share) that will be used in implementing 

the program, including but not limited 

to existing prior and/or current data lists 

that will serve in fostering immediate 

success for the NABEC (8 points); 

(b) Location—Assessment of the 

applicant’s strategic rationale for the 

proposed physical location of the 

NABEC. Applicant is encouraged to 

establish a location for the NABEC that 

is in a building which is separate and 

apart from any of the applicant’s 

existing offices in the geographic service 

area (2 points); 

(c) Partners—How the applicant plans 

to establish and maintain the network of 

strategic partners and the manner in 

which these partners will support the 

NABEC in meeting program 

performance goals (5 points); and 

(d) Equipment—How the applicant 

plans to satisfy the NABEC information 

technology requirements, including 

computer hardware, software 

requirements and network map (5 

points). 

3. Techniques and Methodologies (20 

points) 

Proposals will be evaluated under this 

criterion as follows: 

(a) Performance Measures—For each 

program year, the manner in which the 

applicant relates each performance 

measure to the financial information 

and market resources available in the 

geographic service area (including 

existing client list); how the applicant 

will create NABEC brand recognition 

(marketing plan); and how the applicant 

will satisfy program performance goals. 

In particular, emphasis will be placed 

on the manner in which the applicant 

matches NABEC performance goals with 

client service hours and how it accounts 

for existing market conditions in its 

strategy to achieve such goals (10 

points); 

(b) Start-up Phase—How the 

applicant will commence NABEC 

operations within the initial 30-day 

period. The NABEC shall have thirty 

(30) days to become fully operational 

after an award is made (3 points); and 

(c) Work Requirement Execution 

Plan—The applicant will be evaluated 

on how effectively and efficiently staff 

time will be used to achieve the NABEC 

programmatic requirements set forth 

more fully in the FFO, particularly with 

respect to periods beyond the start-up 

phase (7 points). 

4. Proposed Budget and Budget 

Narrative (20 points) 

Proposals will be evaluated under this 

criterion as follows: 

(a) Reasonableness, Allowability and 

Allocability of Proposed Program Costs. 

All of the proposed program costs 

expenditures should be discussed and 

the budget line-item narrative must 

match the proposed budget. Fringe 

benefits and other percentage item 

calculations should match the proposed 

budget line-item and narrative (5 

points); 

(b) Non-Federal Cost Share. The 

required 10% non-federal share must be 

adequately addressed and properly 

documented, including but not limited 

to how client fees (if proposed) will be 

used by the applicant in meeting the 

non-federal cost-share (5 points); and 

(c) Performance-Based Budgeting. The 

extent to which the line-item budget 

and budget narrative relate to the 

accomplishment of the NABEC 

programmatic requirements and 

performance measures (i.e., 

performance-based budgeting) (10 

points). 

5. Bonus Points for Exceeding the 

Minimum Required Non-Federal Cost 

Share (5 points) 

Proposals with a non-federal cost 

share exceeding 10% of the total project 

costs will be awarded bonus points on 

the following scale: more than 10%–less 

than 15% = 1 point; 15% or more—less 

than 20% = 2 points; 20% or more–less 

than 25% = 3 points; 25% or more–less 

than 30% = 4 points; and 30% or more 

= 5 points. Non-federal cost sharing of 

at least 10% is required under the 

NABEC Program. Non-federal cost 

sharing is the portion of the total project 

cost not borne by the Federal 

Government and may be met by the 

applicant in any one or more of the 

following four means (or a combination 

thereof): (1) Client fees (encouraged but 

not mandatory); (2) cash contributions; 

(3) non-cash applicant contributions; or 

(4) third party in-kind contributions. 

6. Oral Presentation by MBDA 

Selected Applicants (10 points) 

Oral presentations are held only when 

requested by MBDA. This action may be 

initiated for the top two (2) ranked 

applications for a project and will be 

applied on a consistent basis for each 

project competition. Oral presentations 

will be used to establish a final 

evaluation and ranking. 

The applicant’s presentation will be 

evaluated as to the extent to which the 

presentation demonstrates: 

(a) How the applicant will effectively 

and efficiently assist MBDA in the 


sroberts on PROD1PC70 with NOTICES
18566 Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Notices 

accomplishment of its mission (2 

points); 

(b) Business operating priorities 

designed to manage a successful NABEC 

(2 points); 

(c) A management philosophy that 

achieves an effective balance between 

micromanagement and complete 

autonomy for its Project Director (2 

points); 

(d) Robust search criteria for the 

identification of a Project Director (1 

point); 

(e) Effective employee recruitment 

and retention policies and procedures (1 

point); and 

(f) A competitive and innovative 

approach to exceeding performance 

requirements (2 points). 

Review and Selection Process: 1. 

Initial Screening 

Prior to the formal paneling process, 

each application will receive an initial 

screening to ensure that the applicant is 

eligible and the application is complete 

and includes all required forms, 

signatures and documentation. An 

application will be considered nonresponsive and will not be evaluated by 

the review panel if it is received after 

the closing date for receipt of 

applications, the applicant fails to 

submit an original, signed Form SF–424 

by the application closing date (paper 

applications only), or the application 

does not provide for the operation of a 

NABEC. Other deficiencies, while not 

rendering the application nonresponsive, will be considered during 

panel review and may result in point 

deductions. 

2. Panel Review 

Each responsive application will 

receive an independent, objective 

review by a panel qualified to evaluate 

the applications submitted. The review 

panel will consist of at least 3 persons, 

all of whom will be full-time federal 

employees and at least one of whom 

will be an MBDA employee, who will 

review the applications for a specified 

project based on the above evaluation 

criterion. Each reviewer shall evaluate 

and provide a score for each proposal. 

Each project review panel (through the 

panel Chairperson) shall provide the 

MBDA National Director 

(Recommending Official) with a ranking 

of the applications based on the average 

of the reviewers’ scores and shall also 

provide a recommendation regarding 

funding of the highest scoring 

application. 

3. Oral Presentation—Upon MBDA 

Request 

MBDA may request that the two (2) 

top-ranked applicants for each project 

competition make an oral presentation. 

If an oral presentation is requested, the 

selected applicants will receive a formal 

communication (via standard mail, email or fax) from MBDA informing them 

of the time and date for the 

presentation. In-person presentations 

are not mandatory but are encouraged; 

telephonic presentations are acceptable. 

MBDA will provide the teleconference 

dial-in number and pass code. 

Oral presenters will be required to 

submit to MBDA at least 24 hours before 

the scheduled date and time of the oral 

presentation a PowerPoint (or 

equivalent) presentation that addresses 

the oral presentation criteria set forth 

above. The oral presentation will be 

made to the MBDA National Director (or 

his/her designee) and up to three senior 

MBDA staff who did not serve on the 

original review panel. The oral panel 

members may ask follow-up questions 

after the presentation. Each applicant 

will present to MBDA staff only and 

applicants will not be permitted to 

listen to or attend presentations made 

by other applicants. 

All costs pertaining to this 

presentation shall be borne by the 

applicant. NABEC award funds may not 

be used as a reimbursement for this 

presentation. MBDA will not accept any 

requests or petitions for reimbursement. 

The oral panel members shall score 

each presentation in accordance with 

the oral presentation criterion provided 

above. An average score shall be 

compiled and added to the score of the 

original panel review. 

4. Final Recommendation 

The MBDA National Director makes 

the final recommendation to the Grants 

Officer regarding the funding of 

applications under this competitive 

solicitation. MBDA expects to 

recommend for funding the highest 

ranking application for each project, as 

evaluated and recommended by the 

review panel and taking into account 

oral presentations (as applicable). 

However, the MBDA National Director 

may not make any selection, or he may 

select an application out of rank order 

for either or both of the following 

reasons: 

(a) A determination that a lower 

ranked application better addresses one 

or more of the funding priorities for this 

competition. The National Director (or 

his/her designee) reserves the right to 

conduct one or more site visits to better 

assess an applicant’s capability to 

achieve the program and funding 

priorities; or 

(b) The availability of MBDA funding. 

Prior to making a final 

recommendation to the Grants Officer, 

MBDA may request that the apparent 

winner of the competition provide 

written clarifications (as necessary) 

regarding its application. 

Intergovernmental Review: 

Applications under this program are not 

subject to Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs.’’ 

Limitation of Liability: In no event 

will MBDA or the Department of 

Commerce be responsible for proposal 

preparation costs if this program fails to 

receive funding or is cancelled because 

of other MBDA or Department of 

Commerce priorities. All funding 

periods are subject to the availability of 

funds to support the continuation of the 

project and the Department of 

Commerce and MBDA priorities. 

Publication of this notice does not 

obligate the Department of Commerce or 

MBDA to award any specific 

cooperative agreement or to obligate all 

or any part of available funds. 

Universal Identifier: All applicants 

will be required to provide a Dun and 

Bradstreet Data Universal Numbering 

system (DUNS) number during the 

application process. See the June 27, 

2003 Federal Register notice (68 FR 

38402) for additional information. 

Organizations can receive a DUNS 

number at no cost by calling the 

dedicated toll-free DUNS Number 

request line at 1–866–705–5711 or by 

accessing the Grants.gov Web site at 

http://www.Grants.gov. 

Department of Commerce Pre-Award 

Notification Requirements for Grants 

and Cooperative Agreements: The 

Department of Commerce Pre-Award 

Notification Requirements for Grants 

and Cooperative Agreements contained 

in the Federal Register notice of 

February 11, 2008 (73 FR 7696) are 

applicable to this solicitation. 

Paperwork Reduction Act: This 

document contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA). The 

use of Standard Forms 424, 424A, 424B, 

SF–LLL, and CD–346 have been 

approved by OMB under the respective 

control numbers 0348–0043, 0348–0044, 

0348–0040, 0348–0046, and 0605–0001. 

Notwithstanding any other provisions of 

law, no person is required to respond to, 

nor shall any person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

Paperwork Reduction Act unless that 

collection displays a currently valid 

OMB Control Number. 

Executive Order 12866: This notice 

has been determined to be not 

significant for purposes of E.O. 12866. 

Administrative Procedure Act/ 

Regulatory Flexibility Act: Prior notice 

and an opportunity for public comment 

are not required by the Administrative 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Notices 18567 

Procedure Act for rules concerning 

public property, loans, grants, benefits, 

or contracts (5 U.S.C. 533(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 533 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis is not required and 

has not been prepared. 

Dated: April 17, 2009. 

Efrain Gonzalez, 

Chief, Office of Business Development, 

Minority Business Development Agency. 

[FR Doc. E9–9296 Filed 4–22–09; 8:45 am] 

BILLING CODE 3510–21–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

ACTION: Correction notice. 

SUMMARY: On April 15, 2009, the 

Department of Education published a 

comment period notice in the Federal 

Register (Page 17459, Column 1) for the 

information collection, ‘‘Documents 

Associated with the Notice of Terms 

and Conditions of Additional Purchase 

of Loans under the ‘‘Ensuring Continued 

Access to Student Loans Act of 2008’’. 

This notice amends the total annual 

responses to 8,395. The IC Clearance 

Official, Regulatory Information 

Management Services, Office of 

Management, hereby issues a correction 

notice as required by the Paperwork 

Reduction Act of 1995. 

Dated: April 20, 2009. 

Angela C. Arrington, 

IC Clearance Official, Regulatory Information 

Management Services, Office of Management. 

[FR Doc. E9–9316 Filed 4–22–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Office of Innovation and Improvement; 

Overview Information; DC School 

Choice Incentive Program; Notice 

Inviting Applications for New Awards 

for Fiscal Year (FY) 2009 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.370A. 

Dates: 

Applications Available: April 23, 

2009. 

Deadline for Notice of Intent to Apply: 

May 8, 2009. 

Deadline for Transmittal of 

Applications: May 26, 2009. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The DC School 

Choice Incentive Program, established 

under the DC School Choice Incentive 

Act of 2003 (Act), provides low-income 

parents residing in the District of 

Columbia (District) with expanded 

options for the education of their 

children. 

Background: For FY 2009, the 

Department will be awarding one grant 

on a competitive basis to an eligible 

applicant to continue a scholarship 

program to provide students who 

currently have scholarships under this 

program with scholarships for the 2009– 

2010 school year. Students are eligible 

to receive scholarships under this 

program if they (1) are residents of the 

District, and (2) come from households 

whose income does not exceed 200 

percent (or, in the case of an eligible 

student whose first year of participation 

in the program was an academic year 

ending in June 2005 or June 2006 and 

whose second or succeeding year is an 

academic year ending on or before June 

2009, 300 percent) of the poverty line. 

These scholarships may be used to pay 

tuition and fees and transportation 

expenses, if any, to enable students to 

attend a participating District nonpublic 

elementary or secondary school. 

Under the absolute priority 

established in this notice, funds 

awarded under this competition may 

only be used to award scholarships to 

students currently participating in this 

program. Accordingly, in addition to the 

requirements described in the preceding 

paragraph, to be eligible for a 

scholarship for the 2009–2010 school 

year, a student must currently be 

receiving a scholarship through the DC 

School Choice Incentive Program. 

We are establishing this absolute 

priority in light of the prohibition in 

Public Law 111–8, the Omnibus 

Appropriations Act, 2009, against using 

funds appropriated under that law, or 

any other law, for scholarships under 

this program after the conclusion of the 

2009–2010 school year and the direction 

in the Joint Explanatory Statement for 

Public Law 111–8 to limit scholarships 

for 2009–2010 to students who are 

currently receiving scholarships under 

this program. Specifically, Public Law 

111–8 provides, with respect to this 

program that ‘‘use of any funds in this 

Act or any other [law] for opportunity 

scholarships after school year 2009– 

2010 shall only be available upon 

enactment of reauthorization of that 

program by Congress and the adoption 

of legislation by the District of Columbia 

approving such reauthorization.’’ In 

addition, the Joint Explanatory 

Statement for Public Law 111–8 directs 

that ‘‘[f]unding provided for the private 

scholarship program shall be used for 

currently-enrolled participants rather 

than new applicants.’’ The Chancellor of 

the District of Columbia Public Schools 

is directed to ‘‘promptly take steps to 

minimize potential disruption and 

ensure smooth transition for any 

students seeking enrollment in the 

public school system as a result of any 

changes made to the private scholarship 

program affecting periods after school 

year 2009–2010.’’ See the Joint 

Explanatory Statement, Division D, Title 

VIII, Federal Payment for School 

Improvement, at http://thomas.loc.gov/ 

home/approp/app09.html. 

Priorities: We are establishing this 

priority for the FY 2009 grant 

competition only in accordance with 

section 437(d)(2) of the General 

Education Provisions Act (GEPA), 20 

U.S.C. 1232(d)(2). 

Absolute Priority: For FY 2009, this 

priority is an absolute priority. Under 34 

CFR 75.105(c)(3) we consider only 

applications that meet this priority. 

This priority is: 

Scholarships for Currently Enrolled 

Participants During the 2009–2010 

School Year. 

Scholarship funds must be used to 

provide scholarships during the 2009– 

2010 school year only to currently 

enrolled participants who are DC 

residents and meet the eligibility 

requirements related to family income. 

Funds awarded under this competition 

may not be used to provide scholarships 

for new applicants or for current 

scholarship recipients after the 2009– 

2010 school year. 

Waiver of Proposed Rulemaking: 

Under the Administrative Procedure Act 

(5 U.S.C. 553), the Department generally 

offers interested parties the opportunity 

to comment on proposed priorities, 

selection criteria, and non-statutory 

requirements. Section 437(d)(2) of 

GEPA, however, allows the Secretary to 

exempt from rulemaking requirements, 

regulations where application of those 

requirements will cause extreme 

hardship to the intended beneficiaries of 

the program. Conducting notice-andcomment rulemaking for the absolute 

priority, selection criteria, and nonstatutory requirement (in section 

III.3.(c)) established in this notice would 

preclude timely implementation of this 

program for the 2009–2010 school year 

and, thereby, cause extreme hardship to 

the intended beneficiaries of this 

program, namely those students who are 

currently receiving scholarships under 

this program and are eligible to receive 

scholarships in the 2009–2010 school 


sroberts on PROD1PC70 with NOTICES