2948 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices

must receive at least 70% of the points

assigned to each evaluation criteria

category to be considered

programmatically acceptable and

responsive. Those applications

determined to be acceptable and

responsive will then be evaluated by the

Director of MBDA. Final award

selections shall be based on the number

of points received, the demonstrated

responsibility of the applicant, and the

determination of those most likely to

further the purpose of the MBDA

program. Negative audit findings and

recommendations and unsatisfactory

performance under prior Federal awards

may result in an application not being

considered for award. The applicant

with the highest point score will not

necessarily receive the funding.

Periodic reviews culminating in yearto-date evaluations will be conducted to

determine if funding for the project

should continue. If an application is

selected for funding, MBDA has no

obligation to provide any additional

future funding in connection with that

award. Renewal of an award to increase

funding or extend the period of

performance is at the total discretion of

MBDA.

Executive order 12372,

‘‘Intergovernmental Review of Federal

Programs,’’ is not applicable to this

program. Federal funds for this project

include audit funds for non-CPA

recipients. In event that a CPA firm

wins the competition, the funds

allocated for audits are not applicable.

The collection of information

requirements for this project have been

approved by the Office of Management

and Budget (OMB) and assigned OMB

control number 0640–0006. Questions

concerning the preceding information

can be answered by the contact person

indicated above, and copies of

application kits and applicable

regulations can be obtained at the above

address.

Pre-Award Activities—Applicants are

hereby notified that if they incur any

costs prior to an award being made, they

do so solely at their own risk of not

being reimbursed by the Government.

Notwithstanding any verbal assurance

that an applicant may have received,

there is no obligation on the part of the

Department of Commerce to cover preaward costs.

Recipients and subrecipients are

subject to all Federal laws, and Federal

and Departmental regulations, policies,

and procedures applicable to Federal

financial assistance awards.

Delinquent Federal Debts—No award

of Federal funds shall be made to an

applicant who has an outstanding

delinquent Federal debt until either the

delinquent account is paid in full, a

negotiated repayment schedule is

established and at least one payment is

received, or other arrangements

satisfactory to the Department of

Commerce are made.

Name Check Policy—All non-profit

and for-profit applicants are subject to a

name check review process. Name

checks are intended to reveal if any key

individuals associated with the

applicant have been convicted of or are

presently facing criminal charges such

as fraud, theft, perjury or other matters

which significantly reflect on the

applicant’s management honesty or

financial integrity.

Award Termination—The

Departmental Grants Officer may

terminate any grant/cooperative

agreement in whole or in part at any

time before the date of completion

whenever it is determined that the

award recipient has failed to comply

with the conditions of the cooperative

agreement. Examples of some of the

conditions which can cause termination

are failure to meet cost-sharing

requirements; unsatisfactory

performance of the NABC work

requirements; and reporting inaccurate

or inflated claims of client assistance.

Such inaccurate or inflated claims may

be deemed illegal and punishable by

law.

False Statements—A false statement

on an application for Federal financial

assistance is grounds for denial or

termination of funds, and grounds for

possible punishment by a fine or

imprisonment as provided in 18 U.S.C.

1001.

Primary Applicant Certifications—All

primary applicants must submit a

completed Form CD–511,

‘‘Certifications Regarding Debarment,

Suspension and Other Responsibility

Matters; Drug-Free Workplace

Requirements and Lobbying.’’

Nonprocurement Debarment and

Suspension—Prospective participants

(as defined at 15 CFR Part 26, Section

105) are subject to 15 CFR Part 26,

‘‘Nonprocurement Debarment and

Suspension’’ and the related section of

the certification form prescribed above

applies.

Drug-Free Workplace—Grantees (as

defined at 15 CFR Part 26, Section 605)

are subject to 15 CFR Part 26, Subpart

F, ‘‘Governmentwide Requirements for

Drug-Free Workplace (Grants)’’ and the

related section of the certification form

prescribed above applies.

Anti-Lobbying—Persons (as defined at

15 CFR Part 28, Section 105) are subject

to the lobbying provisions of 31 U.S.C.

1352, ‘‘Limitation on use of

appropriated funds to influence certain

Federal contracting and financial

transactions,’’ and the lobbying section

of the certification form prescribed

above applies to applications/bids for

grants, cooperative agreements, and

contracts for more than $100,000, and

loans and loan guarantees for more than

$150,000 or the single family maximum

mortgage limit for affected programs,

whichever is greater.

Anti-Lobbying Disclosures—Any

applicant that has paid or will pay for

lobbying using any funds must submit

an SF-LLL, ‘‘Disclosure of Lobbying

Activities,’’ as required under 15 CFR

Part 28, Appendix B.

Lower Tier Certifications—Recipients

shall require applications/bidders for

subgrants, contracts, subcontracts, or

other lower tier covered transactions at

any tier under the award to submit, if

applicable, a completed Form CD–512,

‘‘Certifications Regarding Debarment,

Suspension, Ineligibility and Voluntary

Exclusion-Lower Tier Covered

Transactions and Lobbying’’ and

disclosure form, SF-LLL, ‘‘Disclosure of

Lobbying Activities.’’ Form CD–512 is

intended for the use of recipients and

should not be transmitted to DOC. SFLLL submitted by any tier recipient or

subrecipient should be submitted to

DOC in accordance with the

instructions contained in the award

document.

Indirect Costs—The total dollar

amount of the indirect costs proposed in

an application under this program must

not exceed the indirect cost rate

negotiated and approved by a cognizant

Federal agency prior to the proposed

effective date of the award or 100% of

the total proposed direct costs dollar

amount in the application, whichever is

less.

Buy American-Made Equipment or

Products—Applicants are hereby

notified that they are encouraged, to the

extent feasible, to purchase Americanmade equipment and products with

funding provided under this program in

accordance with Congressional intent as

set forth in the resolution in Public Law

103–121, Sections 606 (a) and (b).

11.801 Native American Program

(Catalog of Federal Domestic Assistance)

Dated: January 5, 1995.

Donald L. Powers,

Federal Register Liasion Officer, Minority

Business Development Agency.

[FR Doc. 95–741 Filed 1–11–95; 8:45 am]

BILLING CODE 3510–21–P