Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices 13967

completed Form CD–511,

‘‘Certifications Regarding Debarment,

Suspension and Other Responsibility

Matters; Drug-Free Workplace

Requirements and Lobbying,’’ and the

following explanations are hereby

provided:

a. Nonprocurement debarment and

suspension—Prospective participants

(as defined at 15 CFR 26.105) are subject

to 15 CFR part 26, ‘‘Nonprocurement

Debarment and Suspension,’’ and the

related section of the certification form

prescribed above applies;

b. Drug-free workplace—Grantees (as

defined at 15 CFR 26.605) 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;

c. Anti-lobbying—Persons (as defined

at 15 CFR 28.105) 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; and

d. Anti-lobbying disclosure—Any

applicant who 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.

4. Lower tier certifications—

Recipients shall require applicants/

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. SF-LLL submitted by any tier

recipient or subrecipient should be

submitted to DOC in accordance with

the instructions contained in the award

document.

B. Other requirements. 1. Federal

policies and procedures—Recipients

and subrecipients are subject to all

Federal laws and Federal and DOC

policies, regulations, and procedures

applicable to Federal financial

assistance awards.

2. Indirect cost rates—The total dollar

amount of the indirect costs proposed in

an application under this program must

not exceed the current indirect cost rate

negotiated and approved by a cognizant

Federal agency. NOAA’s acceptance of

negotiated rates is subject to total

indirect costs not to exceed 100% of

total direct costs. This language is

pursuant to the NOAA Grants and

Cooperative Agreements Policy Manual,

Chapter 3(B)(2).

3. Past performance—Unsatisfactory

performance under prior Federal awards

may result in an application not being

considered for funding. In addition, any

recipient and/or researcher who is past

due for submitting acceptable progress

reports on any previous project funded

under this program may be ineligible to

be considered for new awards until the

delinquent reports are received,

reviewed and deemed acceptable by

NMFS.

4. Financial management

certifications/preaward accounting

survey—Successful applicants, at the

discretion of the NOAA Grants Officer,

may be required to have their financial

management systems certified by an

independent public accountant as being

in compliance with Federal standards

specified in the applicable OMB

Circulars prior to execution of the

award. Any first-time applicant for

Federal grant funds may be subject to a

preaward accounting survey by the DOC

prior to execution of the award.

5. Delinquent Federal debts—No

award of Federal funds shall be made to

an applicant who has an outstanding

delinquent Federal debt until either:

a. The delinquent account is paid in

full;

b. A negotiated repayment schedule is

established and at least one payment is

received; or

c. Other arrangements satisfactory to

DOC are made.

6. Name checks—Potential recipients

may be required to submit an

‘‘Identification-Application for Funding

Assistance’’ (Form CD–346), which is

used to ascertain background

information on key individuals

associated with the potential recipient.

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 that significantly reflect

on the applicant’s management honesty

or financial integrity. Applicants will

also be subject to credit check reviews.

7. False statements—A false statement

on the application 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.

8. Preaward activities—If applicants

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 or written assurance that may

have been received, there is no

obligation on the part of DOC to cover

preaward costs.

9. Purchase of American-made

equipment and products—Applicants

are hereby notified that they will be

encouraged, to the greatest extent

practicable, to purchase American-made

equipment and products with funding

provided under this program in

accordance with Congressional intent as

set forth in the resolution contained in

Public Law 103–317, sections 607(a)

and (b).

10. Other—If an application is

selected for funding, DOC has no

obligation to provide any additional

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

DOC.

Cooperative agreements awarded

pursuant to pertinent statutes shall be in

accordance with the Fisheries Research

Plan (comprehensive program of

fisheries research) in effect on the date

of the award.

Classification

This action has been determined to be

not significant for purposes of E.O.

12866.

Applications under this program are

subject to Executive Order 12372,

‘‘Intergovernmental Review of Federal

Programs.’’

Prior notice and an opportunity for

public comment are not required by the

Administrative Procedure Act or any

other law for this notice concerning

grants, benefits, and contracts.

Therefore, a regulatory flexibility

analysis is not required for purposes of

the Regulatory Flexibility Act.

This notice contains collections of

information subject to the Paperwork

Reduction Act, which have been

approved by OMB under OMB control

numbers 0348–0043, 0348–0044, and

0605–0001.

Dated: March 7, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 95–6312 Filed 3–14–95; 8:45 am]

BILLING CODE 3510–22–F