Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Notices 32007 

1Bureau 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-stablesince-september-2019.htm. 

2 Ibid. 

3Student 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-affordabletextbooks/. 

4U.S. Department of Education, Office of 

Educational Technology, ‘‘Open Education: Why 

Use Openly Licensed Educational Resources?’’, 

available at https://tech.ed.gov/open/. 

[FR Doc. 2022–11355 Filed 5–25–22; 8:45 am] 

BILLING CODE 4000–01–P 

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. 

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-transitionfact-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: 

kurrinn.abrams2@ed.gov. 

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 highenrollment 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

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 corecurriculum courses surveyed in the 

study would save students an estimated 

$1.5 billion per year on course 

materials.3

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

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 indemand industry sectors or in-demand 

occupations (as defined in this notice). 


khammond on DSKJM1Z7X2PROD with NOTICES
32008 Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Notices 

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 MinorityServing 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 industryrecognized 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 degreegranting program offered by an eligible 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Notices 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 selfsufficiency 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-transitionfact-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 


khammond on DSKJM1Z7X2PROD with NOTICES
32010 Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Notices 

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: 

• A ‘‘page’’ is 8.5′′ x 11′′, on one side 

only, with 1′ margins at the top, bottom, 

and both sides. 

• Double space all text in the 

application narrative, including titles, 

headings, footnotes, quotations, 

references, and captions. 

• 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, 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Notices 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. 


khammond on DSKJM1Z7X2PROD with NOTICES
32012 Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Notices 

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 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Notice of Designation of Commission 

Staff as Non-Decisional 

Under Section 319 of the Federal 

Power Act, 16 U.S.C. 825q–1, the 

primary mission of the Commission’s 

Office of Public Participation (‘‘OPP’’) is 

to coordinate assistance to the public 

with respect to authorities exercised by 

the Commission. The Director shall also 

coordinate assistance available to 

persons intervening or participating or 

proposing to intervene or participate in 

proceedings before the Commission. 

In furtherance of this mission, each 

employee of the Office of Public 

Participation (OPP) is being designated 

as a non-decisional employee of the 


khammond on DSKJM1Z7X2PROD with NOTICES