[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Notices]
[Pages 32007-32012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11343]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Fund for the Improvement of 
Postsecondary Education--Open Textbooks Pilot Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for new awards for fiscal year (FY) 2022 for the 
Open Textbooks Pilot program conducted under the Fund for the 
Improvement of Postsecondary Education (FIPSE), Assistance Listing 
Number (ALN) 84.116T. This notice relates to the approved information 
collection under OMB control number 1894-0006.

DATES: Applications Available: May 26, 2022.
    Deadline for Transmittal of Applications: July 25, 2022.
    Deadline for Intergovernmental Review: September 23, 2022.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grants Programs, published in the 
Federal Register on December 27, 2021 (86 FR 73264) and available at 
www.federalregister.gov/d/2021-27979. Please note that these Common 
Instructions supersede the version published on February 13, 2019, and, 
in part, describe the transition from the requirement to register in 
SAM.gov a Data Universal Numbering System (DUNS) number to the 
implementation of the Unique Entity Identifier (UEI). More information 
on the phase-out of DUNS numbers is available at https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.

FOR FURTHER INFORMATION CONTACT: Kurrinn Abrams, U.S. Department of 
Education, 400 Maryland Avenue SW, 2nd floor, Washington, DC 20202. 
Telephone: (202) 987-1920. Email: <a href="/cdn-cgi/l/email-protection#88e3fdfafae1e6e6a6e9eafae9e5fbbac8edeca6efe7fe"><span class="__cf_email__" data-cfemail="dab1afa8a8b3b4b4f4bbb8a8bbb7a9e89abfbef4bdb5ac">[email protected]</span></a>.
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Open Textbooks Pilot program supports 
projects at eligible institutions of higher education (IHEs) that 
create new open textbooks (as defined in this notice) and expand the 
use of open textbooks and course materials in courses that are part of 
a degree-granting program, particularly those with high enrollments. 
Applicants are encouraged to develop projects that demonstrate the 
greatest potential to achieve the highest level of savings for students 
through sustainable, expanded use of open educational resources in 
high-enrollment courses (as defined in this notice) or in programs that 
prepare individuals for in-demand fields.
    Background: The cost of attending college has steadily increased 
over the last ten years, driven in part by the increased cost of 
college textbooks. College textbook costs increased 41 percent between 
2011 and 2018.\1\ Although they decreased slightly between 2019 and 
2021, the cost of college textbooks was still 36 percent higher in 2021 
than in 2011.\2\
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    \1\ Bureau of Labor Statistics, U.S. Dept. of Labor, The 
Economics Daily, ``Cost of college tuition has remained stable since 
September 2019'' (Aug. 31, 2021), available at https://www.bls.gov/opub/ted/2021/cost-of-college-tuition-has-remained-stable-since-september-2019.htm.
    \2\ Ibid.
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    Increasing textbook costs introduce an additional barrier to 
college access and completion, particularly for low-income students. In 
recent years, the development of open textbooks and other open 
educational resources has emerged as a potential solution. In fact, in 
a study conducted by the Open Textbook Alliance, switching from 
textbooks to open educational resources nationwide in the ten 
introductory core-curriculum courses surveyed in the study would save 
students an estimated $1.5 billion per year on course materials.\3\
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    \3\ Student Public Interest Research Groups, ``Open 101: An 
Action Plan for Affordable Textbooks'' (Jan. 25, 2018), available at 
https://studentpirgs.org/2018/01/25/open-101-action-plan-affordable-textbooks/.
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    In addition to the cost-saving benefits of open resources, there 
are additional benefits for students and faculty. Open textbooks and 
open educational resources increase equity because institutions are 
able to freely distribute these resources and provide students access 
to high-quality, up-to-date, and relevant content and materials; and 
access to open resources can empower faculty to customize learning 
materials to better meet the needs of their students. Open textbooks 
and open educational resources can further provide students the 
opportunity to reallocate financial aid money to other important 
educational resources and necessary costs of attending college.\4\
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    \4\ U.S. Department of Education, Office of Educational 
Technology, ``Open Education: Why Use Openly Licensed Educational 
Resources?'', available at https://tech.ed.gov/open/.
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    While open textbooks often are available for general education or 
introductory courses, the Department seeks to promote degree completion 
by supporting the development of open textbooks at all levels within an 
academic program. This program therefore emphasizes expanding the use 
of existing open textbooks in general education or introductory 
courses, as well as developing open textbooks for several required 
courses in one or more high-enrollment majors to ensure that students 
will benefit from cost savings throughout their programs.
    Priorities: These priorities are from the Notice of Final 
Priorities, Requirements, and Definitions (NFP) for this program 
published in the Federal Register on September 15, 2020 (85 FR 57138).
    Absolute Priorities: For FY 2022, and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, these priorities are absolute priorities. Under 34 CFR 
75.105(c)(3), we consider only applications that meet each of these 
priorities.
    These priorities are:
    Absolute Priority 1--Improving Collaboration and Dissemination.
    To meet this priority, an eligible applicant must propose to lead 
and carry out projects that involve a consortia of institutions, 
instructors, and subject matter experts, including no less than three 
IHEs, along with relevant employers, workforce stakeholders (as defined 
in this notice), and/or trade or professional associations (as defined 
in this notice). Applicants must explain how the members of the 
consortium will work together to develop and implement open textbooks 
that: (a) Reduce the cost of college for large numbers of students 
through a variety of cost saving measures; and (b) contain 
instructional content and ancillary instructional materials that align 
student learning objectives with the skills or knowledge required by 
large numbers of students (at a given institution or nationally), or in 
the case of a career and technical postsecondary program, meet industry 
standards in in-demand industry sectors or in-demand occupations (as 
defined in this notice).

[[Page 32008]]

    Absolute Priority 2--Addressing Gaps in the Open Textbook 
Marketplace and Bringing Solutions to Scale.
    To meet this priority, an applicant must identify the gaps in the 
open textbook marketplace in courses that are part of a degree-granting 
program that it seeks to address and propose how to close such gaps. An 
applicant must propose a comprehensive plan to: (a) Identify and assess 
existing open educational resources in the proposed subject area before 
creating new ones, such as by identifying any existing open textbooks 
that could potentially be used as models for the design of the project 
or ancillary learning resources that would support the development of 
courses that use open textbooks; (b) focus on the creation and 
expansion of education and training materials that can be scaled, 
within and beyond the participating consortium members, to reach a 
broad range of students participating in high-enrollment courses or 
preparing for in-demand industry sectors or in-demand occupations; (c) 
create and disseminate protocols to review any open textbooks created 
or adapted through the project for accuracy, rigor, and accessibility 
for students with disabilities; (d) disseminate information about the 
results of the project to other IHEs, including promoting the adoption 
of any open textbooks created or adapted through the project, or 
adopting open standard protocols and processes that support the 
interoperability for any digital assets created; (e) include 
professional development to build capacity of faculty, instructors, and 
other staff to adapt and use open textbooks; and (f) describe the 
courses for which open textbooks and ancillary materials are being 
developed.
    Absolute Priority 3--Promoting Student Success.
    To meet this priority, an applicant must propose to build upon 
existing open textbook materials and/or develop new open textbooks for 
high-enrollment courses or high-enrollment programs in order to achieve 
the highest level of savings for students.
    Additionally, this priority requires the applicant to include plans 
for: (a) Promoting and tracking the use of open textbooks in 
postsecondary courses across participating members of the consortium, 
including an estimate of the projected direct cost savings for students 
that will be reported during the annual performance review; (b) 
monitoring the impact of open textbooks on instruction, learning 
outcomes, course outcomes, and educational costs; (c) investigating and 
disseminating evidence-based practices associated with using open 
textbooks that improve student outcomes; and (d) updating the open 
textbooks beyond the funded period.
    Competitive Preference Priority: For FY 2022, and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, this priority is a competitive preference 
priority. Under 34 CFR 75.105(c)(2)(i), we award up to an additional 5 
points to an application, depending on how well the application meets 
this priority.
    This priority is:
    Using Technology-Based Strategies for Personalized Learning and 
Continuous Improvement (up to 5 points).
    To meet this priority, an applicant must propose a project that 
focuses on improving instruction and student learning outcomes by 
integrating technology-based strategies, such as personalized learning, 
and providing support to faculty, instructors, and other staff who are 
delivering courses using these techniques. The project must enable 
students to tailor and monitor their own learning and/or allow 
instructors to monitor the individual performance of each student in 
the classes or courses for which the applicant proposes to develop open 
textbooks. In addition, online and technology-enabled content and 
courses developed under this project must incorporate the principles of 
universal design in order to ensure that they are readily accessible by 
all students, including students with disabilities. The openly licensed 
resources that are developed should support traditional, text-based 
materials, including through such tools as adaptive learning modules, 
digital simulations, and tools to assist student engagement.
    Invitational Priority: For FY 2022, and any subsequent year in 
which we make awards from the list of unfunded applications from this 
competition, this priority is an invitational priority. Under 34 CFR 
75.105(c)(1), we do not give an application that meets this 
invitational priority a competitive or absolute preference over other 
applications.
    This priority is:
    Participation by Minority-Serving Institutions and Community 
Colleges.
    An application from a Minority-Serving Institution (MSI) (as 
defined in this notice) or community college (as defined in this 
notice) that leads the activities of the consortium and serves as the 
fiscal agent; or an application from a consortium in which an MSI or 
community college is a member of the consortium but not the lead 
applicant.
    For the purpose of this priority, the definition of ``minority-
serving institution'' is from the Supplemental Priorities and section 
437(d)(1) of GEPA. The definition of ``community college'' is from 
section 312(f) of the Higher Education Act of 1965, as amended (HEA) 
(20 U.S.C 1058(f)). These definitions apply to this competition for FY 
2022 and any subsequent year in which we make awards from the list of 
unfunded applicants from this competition.
    Community college means an institution that meets the definition in 
section 312(f) of the Higher Education Act (HEA) (20 U.S.C. 1058(f)).
    Minority-Serving Institution means an institution that is eligible 
to receive assistance under sections 316 through 320 of part A of title 
III, under part B of title III, or under title V of the HEA.
    Note: The list of institutions currently designated as eligible 
under title III and title V is available at: www2.ed.gov/about/offices/list/ope/idues/eligibility.html#el-inst.
    Requirements: These requirements are from the NFP and apply to this 
competition for FY 2022 and any subsequent year in which we make awards 
from the list of unfunded applications from this competition.
    Accessibility: All digital content developed under this grant 
program must incorporate the principles of universal design (https://udlguidelines.cast.org/) to ensure that they are accessible to 
individuals with disabilities. The content and courses must be in full 
compliance with the Americans with Disabilities Act, Section 504 of the 
Rehabilitation Act of 1973, as amended, and the Web Content 
Accessibility Guidelines 2.1, Level AA (www.w3.org/TR/WCAG/).
    Technical Standards for Interoperability: All digital assets 
developed under this grant program must be produced to maximize 
interoperability, exchange, and reuse and must conform to industry-
recognized open standards and specifications. Applicants must identify 
the industry standard they will use. All digital assets created in 
whole or in part under this grant program must be licensed for free, 
attributed public use and distribution as required under 2 CFR 3474.20.
    Definitions: The following definitions are from the NFP and apply 
to this competition for FY 2022 and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition.
    High-enrollment courses means courses that are required for a 
degree-granting program offered by an eligible

[[Page 32009]]

IHE that either have total student enrollments within the top third of 
courses: (a) At the lead institution, if applicable, or at one or more 
of the consortia partner institutions; (b) in the State; or (c) 
nationally as compared to other academic or career and technical 
education courses.
    High-enrollment program means a program that yields a postsecondary 
degree that either has total student enrollments within the top third 
of programs: (a) At the lead institution, if applicable, or at one or 
more of the consortia partner institutions; (b) in the State; or (c) 
nationally as compared to other academic or career and technical 
education programs.
    In-demand industry sector means an industry sector that has a 
substantial current or potential impact (including through jobs that 
lead to economic self-sufficiency and opportunities for advancement) on 
the State, regional, or local economy, as appropriate, and that 
contributes to the growth or stability of other supporting businesses, 
or the growth of other industry sectors.
    In-demand occupation means an occupation that currently has or is 
projected to have a number of positions (including positions that lead 
to economic self-sufficiency and opportunities for advancement) in an 
industry sector so as to have a significant impact on the State, 
regional, or local economy, as appropriate.
    Open textbook means a textbook that is licensed under a worldwide, 
nonexclusive, royalty-free, perpetual, and irrevocable license to the 
public to exercise any of the rights under copyright conditioned only 
on the requirement that attribution be given as directed by the 
copyright owner. An open textbook may also include a variety of open 
educational resources or materials used by instructors in the 
development of a course and those learning activities necessary for 
successful completion of a course by students. These include any 
learning exercises, technology-enabled experiences (e.g., simulations), 
and adaptive support and assessment tools.
    Sector partner means a member of a workforce collaborative, 
convened by or acting in partnership with a State board or local board, 
that organizes key stakeholders interconnected by labor markets, 
technologies, and worker skill needs into a working group that focuses 
on shared goals and resource needs.
    Trade or professional association means a membership organization 
that inspects employers or practitioners, or leads credentialing 
programs, in a specific industry or sector.
    Workforce stakeholder means an individual or organization with an 
interest in the employability of others either for self-interest or the 
interest of other employers.
    Program Authority: 20 U.S.C. 1138-1138d; the Explanatory Statement 
accompanying Division H of the Consolidated Appropriations Act, 2022 
(Pub. L. 117-103).
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 82, 84, 86, 97, 
98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474. (d) The NFP. (e) The Supplemental Priorities.
    Note: The regulations in 34 CFR part 86 apply to IHEs only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $2,627,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent years from 
the list of unfunded applications for this competition.
    Estimated Range of Awards: $500,000-$2,000,000.
    Estimated Average Size of Awards: $1,000,000.
    Maximum Award: We will not make an award exceeding $2,000,000 for 
the entire project period of 36 months.
    Estimated Number of Awards: 1-5.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: Eligible applicants are IHEs as defined in 
section 101 of the HEA (20 U.S.C. 1001), or State higher education 
agencies that:
    (a) Lead the activities of a consortium that is comprised of at 
least:
    (i) Three IHEs as defined in section 101 of the HEA;
    (ii) An educational technology or electronic curriculum design 
expert (which may include such experts that are employed by one or more 
of the consortium institutions); and
    (iii) An advisory group of at least three employers, workforce 
organizations, or sector partners; and
    (b) Have demonstrated experience in the development and 
implementation of open educational resources.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. For more information regarding 
indirect costs, or to obtain a negotiated indirect cost rate, please 
see www2.ed.gov/about/offices/list/ocfo/intro.html.
    c. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200 subpart E of the Uniform 
Guidance.
    3. Subgrantees: Under 34 CFR 75.708(b) and (c) a grantee under this 
competition may award subgrants--to directly carry out project 
activities described in its application--to entities listed in the 
grant application.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on December 27, 2021 (86 FR 73264) and available at 
www.federalregister.gov/d/2021-27979, which contain requirements and 
information on how to submit an application. Please note that these 
Common Instructions supersede the version published on February 13, 
2019, and, in part, describe the transition from the requirement to 
register in SAM.gov a DUNS number to the implementation of the UEI. 
More information on the phase-out of DUNS numbers is available at 
https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the Open Textbook 
Pilot program, your application may include business information that 
you consider proprietary. In 34 CFR 5.11 we define ``business 
information'' and describe the process we use in determining whether 
any of that information is proprietary

[[Page 32010]]

and, thus, protected from disclosure under Exemption 4 of the Freedom 
of Information Act (5 U.S.C. 552, as amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this program.
    4. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 60 pages and (2) use the 
following standards:
    <bullet> A ``page'' is 8.5<gr-thn-eq> x 11<gr-thn-eq>, on one side 
only, with 1' margins at the top, bottom, and both sides.
    <bullet> Double space all text in the application narrative, 
including titles, headings, footnotes, quotations, references, and 
captions.
    <bullet> Use a readable 12-point font such as Times New Roman, 
Courier, Courier New, or Arial.
    The recommended 60-page limit applies only to the application 
narrative and does not apply to Part I, the cover sheet; Part II, the 
budget section, including the narrative budget justification; Part IV, 
the assurances and certifications; or the one-page abstract, the 
resumes, the bibliography, or the letters of support. We recommend that 
any application addressing the competitive preference priority include 
no more than three additional pages for the priority, if the priority 
is addressed.
    6. Program Profile: Applicants must indicate in the recommended 
one-page abstract and on the FY 2022 Open Textbook Pilot program 
profile form in the application package all of the IHEs that comprise 
the consortium, and whether they addressed the competitive preference 
priority and the invitational priority.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210. The maximum score for all of the selection 
criteria is 100 points. The maximum score for each criterion is 
included in parentheses following the title of the specific selection 
criterion. Each criterion also includes the factors that reviewers will 
consider in determining the extent to which an applicant meets the 
criterion.
    Points awarded under the competitive preference priority are in 
addition to any points an applicant earns for all of the selection 
criteria in this notice. The maximum score that an application may 
receive under the competitive preference priority and the selection 
criteria is 105. The selection criteria are as follows:
    a. Significance. (up to 20 points)
    The Secretary considers the significance of the proposed project. 
In determining the significance of the proposed project, the Secretary 
considers the following factors:
    (1) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services that address the 
needs of the target population (up to 10 points).
    (2) The potential replicability of the proposed project or 
strategies, including, as appropriate, the potential for implementation 
in a variety of settings (up to 10 points).
    b. Quality of the Project Design. (up to 16 points)
    The Secretary considers the quality of the design of the proposed 
project. In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (1) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable 
(up to 4 points).
    (2) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs (up to 4 points).
    (3) The extent to which the proposed project is designed to build 
capacity and yield results that will extend beyond the period of 
Federal financial assistance (up to 4 points).
    (4) The extent to which the proposed project represents an 
exceptional approach to the priority or priorities established for the 
competition (up to 4 points).
    c. Quality of Project Services. (up to 15 points)
    The Secretary considers the quality of the services to be provided 
by the proposed project. In determining the quality of the services to 
be provided by the proposed project, the Secretary considers the 
quality and sufficiency of strategies for ensuring equal access and 
treatment for eligible project participants who are members of groups 
that have traditionally been underrepresented based on race, color, 
national origin, gender, age, or disability. In addition, the Secretary 
considers the following factors:
    (1) The likelihood that the services to be provided by the proposed 
project will lead to improvements in the achievement of students as 
measured against rigorous academic standards (up to 5 points).
    (2) The extent to which the services to be provided by the proposed 
project involve the collaboration of appropriate partners for 
maximizing the effectiveness of project services (up to 5 points).
    (3) The extent to which the training or professional development 
services to be provided by the proposed project are of sufficient 
quality, intensity, and duration to lead to improvements in practice 
among the recipients of those services (up to 5 points).
    d. Quality of Project Personnel. (up to 9 points)
    The Secretary considers the quality of the personnel who will carry 
out the proposed project. In determining the quality of project 
personnel, the Secretary considers the extent to which the applicant 
encourages applications for employment from persons who are members of 
groups that have traditionally been underrepresented based on race, 
color, national origin, gender, age, or disability. In addition, the 
Secretary considers the following factors:
    (1) The qualifications, including relevant training and experience, 
of the project director or principal investigator (up to 5 points).
    (2) The qualifications, including relevant training and experience, 
of key project personnel (up to 4 points).
    e. Adequacy of Resources. (up to 20 points)
    The Secretary considers the adequacy of resources for the proposed 
project. In determining the adequacy of resources for the proposed 
project, the Secretary considers the following factors:
    (1) The relevance and demonstrated commitment of each partner in 
the proposed project to the implementation and success of the project 
(up to 10 points).
    (2) The extent to which the costs are reasonable in relation to the 
objectives,

[[Page 32011]]

design, and potential significance of the proposed project (up to 10 
points).
    f. Quality of the Management Plan. (up to 10 points)
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, the Secretary considers the following factors:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (up to 5 points).
    (2) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed project 
(up to 5 points).
    g. Quality of the Project Evaluation. (up to 10 points)
    The Secretary considers the quality of the evaluation to be 
conducted of the proposed project. In determining the quality of the 
evaluation, the Secretary considers the following factors:
    (1) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project (up to 5 points).
    (2) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible (up to 5 points).
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    For this competition, a panel of external reviewers will read, 
prepare a written evaluation of, and score all eligible applications 
using the selection criteria and the competitive preference priority, 
if applicable, provided in this notice. The individual scores of the 
reviewers will be added and the sum divided by the number of reviewers 
to determine the peer review score. The Department may use more than 
one tier of reviews in evaluating grantees. The Department will prepare 
a rank order of applications based solely on the evaluation of their 
quality according to the selection criteria and competitive preference 
priority points.
    In the event there are two or more applications with the same final 
score in the rank order listing, and there are insufficient funds to 
fully support each of these applications, the Department will apply the 
following procedure to determine which application or applications will 
receive an award:
    First Tiebreaker: The first tiebreaker will be the highest average 
score for the selection criterion ``Quality of the Project Design.'' If 
a tie remains, the second tiebreaker will be utilized.
    Second Tiebreaker: The second tiebreaker will be the highest 
average score for the selection criterion ``Significance.'' If a tie 
remains, the third tiebreaker will be utilized.
    Third Tiebreaker: The third tiebreaker will be the highest average 
score for the competitive preference priority. If a tie remains, the 
fourth tiebreaker will be utilized.
    Fourth Tiebreaker: The fourth tiebreaker will be the applicant that 
proposes the highest projected savings for students in response to 
Absolute Priority 3.
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, in appropriate circumstances, high-risk conditions on a grant 
if the applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.
    5. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with--
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115--232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

VI. Award Administration Information

    1. Award Notices: If your application is successful, we will notify 
your U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we will notify you.

[[Page 32012]]

    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    5. Performance Measures: For the purposes of Department reporting 
under 34 CFR 75.110, we have established the following set of 
performance measures for the Open Textbooks Pilot program grants:
    a. The number of students who enrolled in courses that use open 
textbooks and/or ancillary materials developed through the grant;
    b. The number of students who completed courses that used open 
textbooks and/or ancillary materials developed through the grant;
    c. The failure rate or withdrawal rate in courses that use open 
textbooks and/or ancillary materials compared with equivalent courses 
that used commercial textbooks;
    d. The average grade of students who completed a course that used 
open textbooks and/or ancillary materials developed through the grant 
compared with the equivalent average grade of students who used 
commercial textbooks;
    e. The number of faculty/instructors that use open textbooks and/or 
ancillary materials developed through the grant;
    f. The number of institutions within the consortium, and the number 
of institutions outside of the consortium, that adopted the open 
textbooks and/or ancillary materials developed through the grant;
    g. The number of courses among consortium members that adopted the 
open textbooks and/or ancillary materials developed through the grant, 
compared to those that continued to use commercial textbooks;
    h. The number of faculty/instructors or institutions that use tools 
for revising and remixing open educational resources content to 
facilitate adoption of open textbooks and/or ancillary materials 
developed through the grant;
    i. The average cost savings per student; and
    j. The total cost savings for students who used open textbooks and/
or ancillary materials developed through the grant compared to students 
in the same course of study who used traditional textbooks.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, whether 
the grantee has made substantial progress in achieving the performance 
targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or compact disc) on request to 
the program contact person listed under FOR FURTHER INFORMATION 
CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Michelle Asha Cooper,
Acting Assistant Secretary for the Office of Postsecondary Education.
[FR Doc. 2022-11343 Filed 5-25-22; 8:45 am]
BILLING CODE 4000-01-P


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