Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Notices 28789 

CPARS PSP 

Red ................................................. 0 

Yellow ............................................. 1 

Green .............................................. 2 

Purple ............................................. 3 

Dark Blue ........................................ 4 

DON will use the CPARS conversion 

table above, based upon CPARS data, 

and, as appropriate, other sources of 

information and weighting factors. 

Contractors must achieve at least a 3– 

Star rating to be designated as a 

Preferred Supplier. 

If a contractor provides 

documentation sufficient to establish 

that it has an Energy Efficiency Program, 

it will receive an additional star, up to 

a maximum rating of 5 Stars. A 5–Star 

rating can only be achieved if the 

contractor maintains an active Energy 

Efficiency Program, and otherwise has 

received a 4–Star rating. Failure to 

demonstrate an active Energy Efficiency 

Program will not diminish the 

contractor’s PSP rating. 

During each fiscal year, DASN 

(A&LM) shall reassess and rate the top 

25 DON contractors. The top 25 DON 

contractors will be determined by the 

value of contract awards for the most 

recent fiscal year. Other contractors may 

apply to join the PSP. DASN (A&LM) 

shall evaluate all applicants currently 

eligible for assessment in CPARS using 

the same process as it does to evaluate 

the top 25 contractors. DASN (A&LM) 

will establish a 30-day application 

period that will begin no later than 

January 1, annually. 

In negotiating contracts with Preferred 

Suppliers, DON contracting officers will 

be authorized to offer some or all of the 

following more favorable contract terms 

and conditions: 

Æ More favorable progress payments. 

Æ Recognition of PSS in the 

development of profit or fee based upon 

weighted guidelines. 

Æ Tailored contract reporting 

requirements. 

Æ Special award fee pools. 

PSS shall not be used as a factor or 

sub-factor in any source selection. 

However, where the contracting officer 

has a reasonable belief that a Preferred 

Supplier may submit a bid or proposal, 

the solicitation shall contain terms and 

conditions that will be applicable, after 

award, only if the successful offeror is 

a Preferred Supplier. 

These special terms and conditions, 

applicable to contracts with Preferred 

Suppliers, shall be consistent with the 

limitations specified in regulations 

promulgated pursuant to the Federal 

Acquisition Regulatory System. 

C. Solicitation of Public Comment 

DON invites interested parties from 

both the public and private sectors to 

provide comments for consideration in 

the formulation of a policy letter 

establishing the PSP. In particular, DON 

seeks to better understand how to 

incentivize contractors, at the corporate 

level, to achieve sustained superior 

performance in the areas of cost, 

schedule, performance, quality, and 

business relations. Accordingly, DON 

welcomes feedback regarding the 

following questions. 

1. What clauses are currently being 

used in government subcontracts, and 

commercial contracts and subcontracts, 

to incentivize superior performance, at 

the corporate level, in the areas of cost, 

schedule, performance, quality, and 

business relations? 

2. What solicitation provisions, 

contract clauses, and performance 

incentives will provide contractors with 

the greatest motivation to achieve PSS? 

3. Energy Efficiency is a critical DON 

requirement significantly impacting the 

successful achievement of DON’s 

missions. How should a contractor’s use 

of energy, as it relates to the entire lifecycle of a product—design, 

manufacture, use, maintenance, and 

disposal—be considered in the 

designation of Preferred Suppliers? 

4. Is there any other aspect of the 

proposed PSP on which you wish to 

comment? 

Dated: May 14, 2010. 

A. M. Vallandingham, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2010–12349 Filed 5–21–10; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF EDUCATION 

Office of Innovation and Improvement; 

Overview Information; Charter Schools 

Program (CSP) Grants for Replication 

and Expansion of High-Quality Charter 

Schools; Notice Inviting Applications 

for New Awards for Fiscal Year (FY) 

2010 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.282M. 

Dates: 

Applications Available: May 24, 2010. 

Date of Pre-Application Meeting: June 

8, 2010. 

Deadline for Transmittal of 

Applications: July 7, 2010. 

Deadline for Intergovernmental 

Review: September 7, 2010. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The purpose of 

the CSP is to increase national 

understanding of the charter school 

model and to expand the number of 

high-quality charter schools available to 

students across the Nation by providing 

financial assistance for the planning, 

program design, initial implementation, 

or expansion of charter schools, and to 

evaluate the effects of charter schools, 

including their effects on students, 

student academic achievement, staff, 

and parents. 

The purpose of this competition 

(CFDA 84.282M) is to award grants to 

eligible applicants to enable them to 

replicate or expand high-quality charter 

schools with demonstrated records of 

success, including success in increasing 

student academic achievement. Eligible 

applicants may use their CSP funds to 

expand the enrollment of one or more 

existing charter schools by substantially 

increasing the number of available seats 

per school, or to open one or more new 

charter schools that are based on the 

charter school model for which the 

eligible applicant has presented 

evidence of success. 

Priorities: This competition includes 

one absolute priority, three competitive 

preference priorities, and one 

invitational priority. We are establishing 

these priorities for the FY 2010 grant 

competition and any subsequent year in 

which we make awards from the list of 

unfunded applicants from this 

competition, in accordance with section 

437(d)(1) of the General Education 

Provisions Act (GEPA), 20 U.S.C. 

1232(d)(1). 

Absolute Priority: This priority is an 

absolute priority. Under 34 CFR 

75.105(c)(3) we consider only 

applications that meet this priority. 

This priority is: 

Experience Operating or Managing 

High-Quality Charter Schools 

The applicant must have experience 

operating or managing more than one 

high-quality charter school. For 

purposes of this priority, a high-quality 

charter school is a school that shows 

evidence of strong academic results, 

based on the criteria described in 

Selection Criterion (a), and has no 

significant issues in the areas of student 

safety, financial management, or 

statutory or regulatory compliance. For 

purposes of this competition, significant 

issue means something that did, will, or 

could lead to the revocation of a 

school’s charter. 

Competitive Preference Priorities: 

These priorities are competitive 

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preference priorities. Under 34 CFR 

75.105(c)(2)(i) we will award up to an 

additional 30 points to an application, 

depending on how well the application 

meets one or more of these priorities. 

Note: In order to receive preference under 

these competitive preference priorities, the 

applicant must identify the priority or 

priorities that it believes it meets and provide 

documentation supporting its claims. 

These priorities are: 

Competitive Preference Priority 1— 

Low-Income Demographic (up to 10 

points). To meet this competitive 

preference priority, the applicant must 

demonstrate that at least 60 percent of 

all students in the charter schools it 

operates or manages are individuals 

from low-income families. 

For purposes of this priority, the term 

individual from a low-income family 

means an individual who is determined 

by a State educational agency (SEA) or 

local educational agency (LEA) to be a 

child, ages 5 through 17, from a lowincome family, on the basis of (i) data 

used by the Secretary to determine 

allocations under section 1124 of the 

Elementary and Secondary Education 

Act of 1965, as amended (ESEA), (ii) 

data on children eligible for free or 

reduced-price lunches under the 

National School Lunch Act, (iii) data on 

children in families receiving assistance 

under part A of title IV of the Social 

Security Act, or (iv) data on children 

eligible to receive medical assistance 

under the Medicaid program under Title 

XIX of the Social Security Act, or (v) an 

alternate method that combines or 

extrapolates from those data (see section 

1707(3) of the ESEA). 

Competitive Preference Priority 2— 

School Improvement (up to 10 points). 

To meet this competitive preference 

priority, the applicant must demonstrate 

that its proposed replication or 

expansion of one or more high-quality 

charter schools is in partnership with, 

and designed to assist, one or more 

LEAs in implementing academic or 

structural interventions to serve 

students attending schools that have 

been identified for improvement, 

corrective action, closure, or 

restructuring under section 1116 of the 

ESEA, and as described in the notice of 

final requirements for the School 

Improvement Grants, published in the 

Federal Register on December 10, 2009 

(74 FR 65618). 

Competitive Preference Priority 3— 

Matching (up to 10 points). To meet this 

competitive preference priority, the 

applicant must commit to provide 

matching funds in an amount equal to 

or greater than 25 percent of the grant 

award to support its proposed project 

under this program. In order to secure 

matching funds and meet this 

competitive preference priority, the 

applicant may enter into a partnership 

or otherwise collaborate with other 

entities, including philanthropic 

organizations. 

In order to receive points under this 

competitive preference priority, the 

matching funds must be included in the 

proposed budget and used to cover 

allowable costs. In addition, the 

applicant must include in its 

application assurances documentation 

demonstrating that it will be able to 

secure the specified matching funds. An 

applicant that is approved for a grant 

must have the proposed matching funds 

in place prior to receiving the grant 

award. 

Invitational Priority: 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: 

Students With Disabilities and English 

Learners 

The Secretary is particularly 

interested in applicants that 

demonstrate through participant, 

achievement, and outcome data for 

students with disabilities and English 

learners— 

(1) Prior success in improving 

educational achievement and outcomes 

for students with disabilities and 

English learners; and 

(2) That the model they propose to 

replicate or expand serves students with 

disabilities and English learners at rates 

comparable to the rates of students with 

disabilities and English learners in the 

LEAs in which their schools operate. 

Requirements 

(1) Grantees under this program must 

use the grant funds to replicate or 

substantially expand an existing highquality charter school that is based on 

the model or models for which the 

applicant has presented evidence of 

success. 

For purposes of this competition, the 

term replicate means to open one or 

more new charter schools that are based 

on the charter school model or models 

for which the applicant has presented 

evidence of success. 

In addition, in the context of this 

competition, the term substantially 

expand means to increase the 

enrollment of one or more existing 

charter schools by more than 50 percent 

or to add at least two grades to an 

existing charter school over the course 

of the grant. 

(2) Applicants approved for funding 

under this competition must attend a 

two-day meeting for project directors in 

the Washington, DC area during each 

year of the project. Applicants are 

encouraged to include the cost of 

attending this meeting in their proposed 

budgets. 

Waiver of Proposed Rulemaking: 

Under the Administrative Procedure Act 

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

offers interested parties the opportunity 

to comment on proposed priorities, 

selection criteria, application 

requirements, and definitions. Section 

437(d)(1) of GEPA, however, allows the 

Secretary to exempt from rulemaking 

requirements, regulations governing the 

first grant competition under a new or 

substantially revised program authority. 

This is the first grant competition for the 

replication and expansion of highquality charter schools under the 

Charter Schools Program authority, as 

described in the Consolidated 

Appropriations Act, 2010 (Pub. L. 111– 

117), and, therefore, qualifies for this 

exemption. In order to ensure timely 

grant awards, the Secretary has decided 

to forgo public comment on the 

priorities, selection criteria, 

requirements, and definitions in this 

notice under section 437(d)(1) of GEPA. 

These priorities, selection criteria, 

requirements, and definitions will apply 

to the FY 2010 grant competition and 

any subsequent year in which we make 

awards from the list of unfunded 

applicants from this competition. 

Program Authority: 20 U.S.C. 7221–7221j; 

Consolidated Appropriations Act, 2010, 

Division D, Title III, Pub. L. 111–117. 

Applicable Regulations: The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 74, 75, 76, 77, 79, 80, 81, 

82, 84, 85, 86, 97, 98, and 99. 

Note: The regulations in 34 CFR part 79 

apply to all applicants except Federally 

recognized Indian Tribes. 

Note: The regulations in 34 CFR part 86 

apply only to institutions of higher 

education. 

Note: The regulations in 34 CFR part 99 

apply only to an educational agency or 

institution. 

II. Award Information 

Type of Award: Discretionary grants. 

Estimated Available Funds: The FY 

2010 appropriation for the Charter 

Schools Program is $256,031,000, of 

which the Department will use 

$50,000,000 for this competition. 

Contingent upon the availability of 

funds, and the quality of the 

applications, we may make additional 

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awards later in FY 2010 and in FY 2011 

from the list of unfunded applicants 

from this competition. 

Estimated Range of Awards: 

$1,000,000 to $15,000,000 per grant. 

Estimated Average Size of Awards: 

$7,000,000 per grant. 

Estimated Number of Awards: 5–8. 

Note: The Department is not bound by any 

estimates in this notice. 

Project Period: Up to five years. 

III. Eligibility Information 

1. Eligible Applicants: Non-profit 

charter management organizations 

(CMOs) and other entities that are not 

for-profit entities. A CMO is an 

organization that operates or manages 

multiple charter schools by centralizing 

or sharing certain functions and 

resources among schools. Eligible 

applicants may also apply as a group or 

consortium. 

2. Cost-Sharing or Matching: This 

competition does not require costsharing or matching. This competition 

provides a competitive preference 

priority for applications that commit to 

provide matching funds in an amount 

equal to or greater than 25 percent of the 

grant award. 

IV. Application and Submission 

Information 

1. Address to Request Application 

Package: Erin Pfeltz or Richard Payton, 

U.S. Department of Education, 400 

Maryland Avenue, SW., Room 4W255, 

Washington, DC 20202–5970. 

Telephone: (202) 205–3525 or (202) 

453–7698 or by e-mail: 

erin.pfeltz@ed.gov or 

richard.payton@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

Individuals with disabilities can 

obtain a copy of the application package 

in an accessible format (e.g., Braille, 

large print, audiotape, or computer 

diskette) by contacting the program 

contact person listed in this section. 

2. Content and Form of Application 

Submission: Requirements concerning 

the content of an application, together 

with the forms you must submit, are in 

the application package for this 

competition. 

Page Limit: The application narrative 

(Part III of the application) is where you, 

the applicant, address the selection 

criteria that reviewers use to evaluate 

your application. The Secretary strongly 

encourages applicants to limit Part III to 

the equivalent of no more than 60 pages, 

using the following standards: 

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

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

and both sides. 

• Double space (no more than three 

lines per vertical inch) all text in the 

application narrative, including titles, 

headings, footnotes, quotations, 

references, and captions, as well as all 

text in charts, tables, figures, and 

graphs. 

• Use a font that is either 12 point or 

larger or no smaller than 10 pitch 

(characters per inch). 

• Use one of the following fonts: 

Times New Roman, Courier, Courier 

New, or Arial. An application submitted 

in any other font (including Times 

Roman or Arial Narrow) will not be 

accepted. 

The page limit 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 re ́sume ́s, the bibliography, or the 

letters of support. However, the page 

limit does apply to all of the application 

narrative section (Part III). 

3. Submission Dates and Times: 

Applications Available: May 24, 2010. 

Date of Pre-Application Meeting: The 

Department will hold a pre-application 

meeting for prospective applicants on 

June 8, 2010, from 8:30 a.m. to 11:00 

a.m. at the U.S. Department of 

Education, Barnard Auditorium, 400 

Maryland Avenue, SW., Washington, 

DC. Interested parties are invited to 

participate in this meeting to discuss the 

purpose of the program, absolute and 

competitive priorities, selection criteria, 

application requirements, submission 

requirements, and reporting 

requirements. Interested parties may 

participate in this meeting either by 

conference call or in person. This site is 

accessible by Metro on the Blue, Orange, 

Green, and Yellow lines at the Seventh 

Street and Maryland Avenue exit of the 

L’Enfant Plaza station. After the 

meeting, program staff will be available 

from 11:00 a.m. to 12:00 p.m. on that 

same day to provide information and 

technical assistance through individual 

consultation. 

Individuals interested in attending 

this meeting are encouraged to preregister by e-mailing their name, 

organization, and contact information 

with the subject heading PRE– 

APPLICATION MEETING to 

CharterSchools@ed.gov. There is no 

registration fee for attending this 

meeting. 

For further information about the preapplication meeting, contact Erin Pfeltz 

or Richard Payton, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 4W255, Washington, DC 20202– 

5970. Telephone: (202) 205–3525 or 

(202) 453–7698 or by e-mail: 

erin.pfeltz@ed.gov or 

richard.payton@ed.gov. 

Assistance to Individuals With 

Disabilities at the Pre-Application 

Meeting 

The meeting site is accessible to 

individuals with disabilities. If you will 

need an auxiliary aid or service to 

participate in the meeting (e.g., 

interpreting service, assistive listening 

device, or materials in an alternate 

format), notify the contact person listed 

in this notice at least two weeks before 

the scheduled meeting date. Although 

we will attempt to meet a request we 

receive after that date, we may not be 

able to make available the requested 

auxiliary aid or service because of 

insufficient time to arrange it. 

Deadline for Transmittal of 

Applications: July 7, 2010. 

Applications for grants under this 

program must be submitted 

electronically using the Electronic Grant 

Application System (e-Application) 

accessible through the Department’s eGrants site. For information (including 

dates and times) about how to submit 

your application electronically, or in 

paper format by mail or hand delivery 

if you qualify for an exception to the 

electronic submission requirement, 

please refer to section IV. 6. Other 

Submission Requirements of this notice. 

We do not consider an application 

that does not comply with the deadline 

requirements. 

Individuals with disabilities who 

need an accommodation or auxiliary aid 

in connection with the application 

process should contact the person listed 

under For Further Information Contact 

in section VII of this notice. If the 

Department provides an accommodation 

or auxiliary aid to an individual with a 

disability in connection with the 

application process, the individual’s 

application remains subject to all other 

requirements and limitations in this 

notice. 

Deadline for Intergovernmental 

Review: September 7, 2010. 

4. Intergovernmental Review: This 

program 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. 

5. Funding Restrictions: Pursuant to 

section 5204(f)(3) of the ESEA (20 U.S.C. 

7221c(f)(3)), grantees under this 

program must use the grant funds for— 

(a) Post-award planning and design of 

the educational program, which may 

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include: (i) Refinement of the desired 

educational results and of the methods 

for measuring progress toward achieving 

those results; and (ii) professional 

development of teachers and other staff 

who will work in the charter school; 

and 

(b) Initial implementation or 

expansion of the charter school, which 

may include: (i) Informing the 

community about the school; (ii) 

acquiring necessary equipment and 

educational materials and supplies; (iii) 

acquiring or developing curriculum 

materials; and (iv) other initial 

operational costs that cannot be met 

from State or local sources. 

Note: Use of up to 15 percent of grant 

funds for initial operational costs associated 

with the expansion or improvement of the 

eligible entity’s oversight or management of 

its schools is permitted provided that: (i) The 

specific schools being created or expanded 

under this grant are beneficiaries of such 

expansion or improvement, and (ii) such 

expansion or improvement is intended to 

improve the applicant’s ability to manage or 

oversee the charter schools created or 

expanded under this grant. 

Applicants should ensure that all 

costs included in the proposed budget 

are reasonable and necessary in light of 

the goals and objectives of the proposed 

project. Any costs determined by the 

Secretary to be unreasonable or 

unnecessary will be removed from the 

final approved budget. A charter school 

that receives funds under this 

competition is ineligible to receive 

funds for the same purpose under 

section 5202(c)(2) of the ESEA, 

including for planning and program 

design or the initial implementation of 

a charter school (i.e., CFDA 84.282A or 

84.282B). 

We reference additional regulations 

outlining funding restrictions in the 

Applicable Regulations section of this 

notice. 

6. Data Universal Numbering System 

Number, Taxpayer Identification 

Number, and Central Contractor 

Registry: To do business with the 

Department of Education, (1) you must 

have a Data Universal Numbering 

System (DUNS) number and a Taxpayer 

Identification Number (TIN); (2) you 

must register both of those numbers 

with the Central Contractor Registry 

(CCR), the Government’s primary 

registrant database; and (3) you must 

provide those same numbers on your 

application. 

You can obtain a DUNS number from 

Dun and Bradstreet. A DUNS number 

can be created within one business day. 

If you are a corporate entity, agency, 

institution, or organization, you can 

obtain a TIN from the Internal Revenue 

Service. If you are an individual, you 

can obtain a TIN from the Internal 

Revenue Service or the Social Security 

Administration. If you need a new TIN, 

please allow 2–5 weeks for your TIN to 

become active. 

The CCR registration process may take 

five or more business days to complete. 

If you are currently registered with the 

CCR, you may not need to make any 

changes. However, please make certain 

that the TIN associated with your DUNS 

number is correct. Also note that you 

will need to update your CCR 

registration on an annual basis. This 

may take three or more business days to 

complete. 

7. Other Submission Requirements. 

Applications for grants under this 

program must be submitted 

electronically unless you qualify for an 

exception to this requirement in 

accordance with the instructions in this 

section. 

a. Electronic Submission of 

Applications 

Applications for grants under the 

Charter School Program Grants for 

Replication and Expansion of HighQuality Charter Schools—CFDA 

Numbers 84.282M must be submitted 

electronically using e-Application, 

accessible through the Department’s 

e-Grants Web site at: 

http://e-grants.ed.gov. 

We will reject your application if you 

submit it in paper format unless, as 

described elsewhere in this section, you 

qualify for one of the exceptions to the 

electronic submission requirement and 

submit, no later than two weeks before 

the application deadline date, a written 

statement to the Department that you 

qualify for one of these exceptions. 

Further information regarding 

calculation of the date that is two weeks 

before the application deadline date is 

provided later in this section under 

Exception to Electronic Submission 

Requirement. 

While completing your electronic 

application, you will be entering data 

online that will be saved into a 

database. You may not e-mail an 

electronic copy of a grant application to 

us. 

Please note the following: 

• You must complete the electronic 

submission of your grant application by 

4:30 p.m., Washington, DC time, on the 

application deadline date. 

E-Application will not accept an 

application for this program after 4:30 

p.m., Washington, DC time, on the 

application deadline date. Therefore, we 

strongly recommend that you do not 

wait until the application deadline date 

to begin the application process. 

• The hours of operation of the 

e-Grants Web site are 6:00 a.m. Monday 

until 7:00 p.m. Wednesday; and 6:00 

a.m. Thursday until 8:00 p.m. Sunday, 

Washington, DC time. Please note that, 

because of maintenance, the system is 

unavailable between 8:00 p.m. on 

Sundays and 6:00 a.m. on Mondays, and 

between 7:00 p.m. on Wednesdays and 

6:00 a.m. on Thursdays, Washington, 

DC time. Any modifications to these 

hours are posted on the e-Grants Web 

site. 

• You will not receive additional 

point value because you submit your 

application in electronic format, nor 

will we penalize you if you qualify for 

an exception to the electronic 

submission requirement, as described 

elsewhere in this section, and submit 

your application in paper format. 

• You must submit all documents 

electronically, including all information 

you typically provide on the following 

forms: The Application for Federal 

Assistance (SF 424), the Department of 

Education Supplemental Information for 

SF 424, Budget Information—NonConstruction Programs (ED 524), and all 

necessary assurances and certifications. 

You must attach any narrative sections 

of your application as files in a .DOC 

(document), .RTF (rich text), or .PDF 

(Portable Document) format. If you 

upload a file type other than the three 

file types specified in this paragraph or 

submit a password protected file, we 

will not review that material. 

• Your electronic application must 

comply with any page limit 

requirements described in this notice. 

• Prior to submitting your electronic 

application, you may wish to print a 

copy of it for your records. 

• After you electronically submit 

your application, you will receive an 

automatic acknowledgment that will 

include a PR/Award number (an 

identifying number unique to your 

application). 

• Within three working days after 

submitting your electronic application, 

fax a signed copy of the SF 424 to the 

Application Control Center after 

following these steps: 

(1) Print SF 424 from e-Application. 

(2) The applicant’s Authorizing 

Representative must sign this form. 

(3) Place the PR/Award number in the 

upper right hand corner of the hardcopy signature page of the SF 424. 

(4) Fax the signed SF 424 to the 

Application Control Center at (202) 

245–6272. 

• We may request that you provide us 

original signatures on other forms at a 

later date. 

Application Deadline Date Extension 

in Case of e-Application Unavailability: 

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If you are prevented from electronically 

submitting your application on the 

application deadline date because eApplication is unavailable, we will 

grant you an extension of one business 

day to enable you to transmit your 

application electronically, by mail, or by 

hand delivery. We will grant this 

extension if— 

(1) You are a registered user of eApplication and you have initiated an 

electronic application for this 

competition; and 

(2) (a) E-Application is unavailable for 

60 minutes or more between the hours 

of 8:30 a.m. and 3:30 p.m., Washington, 

DC time, on the application deadline 

date; or 

(b) E-Application is unavailable for 

any period of time between 3:30 p.m. 

and 4:30 p.m., Washington, DC time, on 

the application deadline date. 

We must acknowledge and confirm 

these periods of unavailability before 

granting you an extension. To request 

this extension or to confirm our 

acknowledgment of any system 

unavailability, you may contact either 

(1) the person listed elsewhere in this 

notice under For Further Information 

Contact (see VII. Agency Contact) or (2) 

the e-Grants help desk at 1–888–336– 

8930. If e-Application is unavailable 

due to technical problems with the 

system and, therefore, the application 

deadline is extended, an e-mail will be 

sent to all registered users who have 

initiated an e-Application. Extensions 

referred to in this section apply only to 

the unavailability of e-Application. 

Exception to Electronic Submission 

Requirement: You qualify for an 

exception to the electronic submission 

requirement, and may submit your 

application in paper format, if you are 

unable to submit an application through 

e-Application because— 

• You do not have access to the 

Internet; or 

• You do not have the capacity to 

upload large documents to 

e-Application; and 

• No later than two weeks before the 

application deadline date (14 calendar 

days or, if the fourteenth calendar day 

before the application deadline date 

falls on a Federal holiday, the next 

business day following the Federal 

holiday), you mail or fax a written 

statement to the Department, explaining 

which of the two grounds for an 

exception prevents you from using the 

Internet to submit your application. If 

you mail your written statement to the 

Department, it must be postmarked no 

later than two weeks before the 

application deadline date. If you fax 

your written statement to the 

Department, we must receive the faxed 

statement no later than two weeks 

before the application deadline date. 

Address and mail or fax your 

statement to: Erin Pfeltz, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., Room 4W255, 

Washington, DC 20202–5970. FAX: 

(202) 205–5630. 

Your paper application must be 

submitted in accordance with the mail 

or hand delivery instructions described 

in this notice. 

b. Submission of Paper Applications by 

Mail 

If you qualify for an exception to the 

electronic submission requirement, you 

may mail (through the U.S. Postal 

Service or a commercial carrier) your 

application to the Department. You 

must mail the original and two copies 

of your application, on or before the 

application deadline date, to the 

Department at the following address: 

U.S. Department of Education, 

Application Control Center, Attention: 

(CFDA Number 84.282M), LBJ Basement 

Level 1, 400 Maryland Avenue, SW., 

Washington, DC 20202–4260. 

You must show proof of mailing 

consisting of one of the following: 

(1) A legibly dated U.S. Postal Service 

postmark. 

(2) A legible mail receipt with the 

date of mailing stamped by the U.S. 

Postal Service. 

(3) A dated shipping label, invoice, or 

receipt from a commercial carrier. 

(4) Any other proof of mailing 

acceptable to the Secretary of the U.S. 

Department of Education. 

If you mail your application through 

the U.S. Postal Service, we do not 

accept either of the following as proof 

of mailing: 

(1) A private metered postmark. 

(2) A mail receipt that is not dated by 

the U.S. Postal Service. 

If your application is postmarked after 

the application deadline date, we will 

not consider your application. 

Note: The U.S. Postal Service does not 

uniformly provide a dated postmark. Before 

relying on this method, you should check 

with your local post office. 

c. Submission of Paper Applications by 

Hand Delivery 

If you qualify for an exception to the 

electronic submission requirement, you 

(or a courier service) may deliver your 

paper application to the Department by 

hand. You must deliver the original and 

two copies of your application, by hand, 

on or before the application deadline 

date, to the Department at the following 

address: U.S. Department of Education, 

Application Control Center, Attention: 

(CFDA Number 84.282M), 550 12th 

Street, SW., Room 7041, Potomac Center 

Plaza, Washington, DC 20202–4260. 

The Application Control Center 

accepts hand deliveries daily between 

8:00 a.m. and 4:30 p.m., Washington, 

DC time, except Saturdays, Sundays, 

and Federal holidays. 

Note for Mail or Hand Delivery of Paper 

Applications: If you mail or hand deliver 

your application to the Department— 

(1) You must indicate on the envelope 

and—if not provided by the Department—in 

Item 11 of the SF 424 the CFDA number, 

including suffix letter, if any, of the 

competition under which you are submitting 

your application; and 

(2) The Application Control Center will 

mail to you a notification of receipt of your 

grant application. If you do not receive this 

grant notification within 15 business days 

from the application deadline date, you 

should call the U.S. Department of Education 

Application Control Center at (202) 245– 

6288. 

V. Application Review Information 

1. Application Requirements: 

Applicants applying for CSP grant funds 

must address both the following 

application requirements, which are 

based on the statutory requirements 

under the program, and the selection 

criteria described in this notice. An 

applicant may choose to respond to the 

application requirements in the context 

of its responses to the selection criteria. 

(a) Describe the objectives of the 

project for replicating or substantially 

expanding high-quality charter schools 

and the methods by which the applicant 

will determine its progress toward 

achieving those objectives. 

(b) Describe how the applicant 

currently operates or manages the 

charter schools for which it has 

presented evidence of success, and how 

the proposed new or expanded charter 

schools will be operated or managed. 

Include a description of central office 

functions, governance, daily operations, 

financial management, human resources 

management, and instructional 

management. If applying as a group or 

consortium, describe the roles and 

responsibilities of each member of the 

group or consortium and how each 

member will contribute to this project. 

(c) Describe how the applicant will 

ensure that each proposed new or 

expanded charter school receives its 

commensurate share of Federal 

education funds that are allocated by 

formula each year, including during the 

first year of operation of the school and 

any year in which the school’s 

enrollment expands significantly. 

(d) Describe the educational program 

to be implemented in the proposed new 

or expanded charter schools, including 

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28794 Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Notices 

how the program will enable all 

students (including educationally 

disadvantaged students) to meet 

challenging State student academic 

achievement standards, the grade levels 

or ages of students to be served, and the 

curriculum and instructional practices 

to be used. For purposes of this 

competition, the term ‘‘educationally 

disadvantaged students’’ includes, but is 

not necessarily limited to, economically 

disadvantaged children, English 

learners, migratory children, children 

with disabilities, Native American 

children, and neglected or delinquent 

children. 

(e) Describe the administrative 

relationship between the charter schools 

to be replicated or expanded by the 

applicant and the authorized public 

chartering agency. 

(f) Describe how the applicant will 

provide for continued operation of the 

proposed new or expanded charter 

schools once the Federal grant has 

expired. 

(g) Describe how parents and other 

members of the community will be 

involved in the planning, program 

design, and implementation of the 

proposed new or expanded charter 

schools. 

(h) Include a request and justification 

for waivers of any Federal statutory or 

regulatory provisions that the applicant 

believes are necessary for the successful 

operation of the proposed new or 

expanded charter schools and a 

description of any State or local rules, 

generally applicable to public schools, 

that will be waived for, or otherwise not 

apply to, such charter schools. 

(i) Describe how the grant funds will 

be used, including how these funds will 

be used in conjunction with other 

Federal programs administered by the 

Secretary, and with any matching funds. 

(j) Describe how students in the 

community, including students with 

disabilities, English learners and other 

educationally disadvantaged students, 

will be informed about the proposed 

new or expanded charter schools and 

given an equal opportunity to attend 

such schools. For a definition of 

educationally disadvantaged students, 

see paragraph (d) of these Application 

Requirements. 

(k) Describe how the proposed new or 

expanded charter schools that are 

considered to be LEAs under State law, 

or the LEAs in which such charter 

schools are located, will comply with 

sections 613(a)(5) and 613(e)(1)(B) of the 

Individuals with Disabilities Education 

Act. 

(l) Provide information on any 

significant issues in the areas of student 

safety, financial management, and 

statutory or regulatory compliance. As 

noted in the absolute priority, for 

purposes of this competition, 

‘‘significant’’ means something that did, 

will, or could lead to the revocation of 

a school’s charter. 

2. Selection Criteria. We are 

establishing these selection criteria for 

the FY 2010 grant competition and any 

subsequent year in which we make 

awards from the list of unfunded 

applicants from this competition, in 

accordance with section 437(d)(1) of 

GEPA, 20 U.S.C. 1232(d)(1). The 

maximum possible score for all the 

criteria in this section is 100 points. The 

maximum possible score for each 

criterion is indicated in parentheses 

following the criterion. 

In evaluating an application, the 

Secretary considers the following 

criteria: 

(a) Quality of the eligible applicant 

(50 points). In determining the quality of 

the applicant, the Secretary considers 

the following factors: 

(i) The degree to which the applicant 

has demonstrated success in 

significantly increasing student 

academic achievement and attainment 

for all students, including educationally 

disadvantaged students, served by 

charter schools operated or managed by 

the applicant. For a definition of 

educationally disadvantaged students, 

see paragraph (d) of the Application 

Requirements in this notice. 

(ii) The degree to which the applicant 

has demonstrated success in closing 

historic achievement gaps for the 

subgroups of students described in 

section 1111(b)(2)(C)(v)(II). 

(iii) The degree to which the applicant 

has achieved results for low-income and 

minority students that are significantly 

above the average academic 

achievement results for such students in 

the State. 

Applicants are invited to submit 

objective data that they believe would 

provide relevant information in support 

of these three factors, along with 

comparison data for similar schools, 

where available. In particular, the 

Secretary is interested in the following 

data: (1) Performance (school-wide and 

by subgroup) on statewide tests of all 

charter schools operated or managed by 

the applicant as compared to all 

students in other schools in the State or 

States at the same grade level, and as 

compared with other schools serving 

similar demographics of students; (2) 

annual student attendance and retention 

rates (school-wide and by subgroup), 

and comparisons with other similar 

schools; (3) where applicable and 

available, high school graduation rates, 

college attendance rates, and college 

persistence rates (school-wide and by 

subgroup) of students attending schools 

operated or managed by the applicant. 

When reporting data for schools in 

States that may have particularly 

demanding or low standards of 

proficiency (for example, see the report 

available at http://nces.ed.gov/ 

nationsreportcard/pdf/studies/ 

2010456.pdf), applicants are invited to 

discuss how their academic success 

might be considered against applicants 

from across the country. 

(b) Contribution in assisting 

educationally disadvantaged students 

(15 points). The contribution the 

proposed project will make in assisting 

educationally disadvantaged students 

served by the applicant to meet or 

exceed State academic content 

standards and State student academic 

achievement standards, and to graduate 

college- and career-ready. For a 

definition of educationally 

disadvantaged students, see paragraph 

(d) of the Application Requirements in 

this notice. 

(c) Quality of the project design (10 

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— 

(i) The extent to which the goals, 

objectives, and outcomes to be achieved 

by the proposed project are clearly 

specified, measurable, and attainable. 

Applicants proposing to open schools 

serving substantially different 

populations than those currently served 

by the model for which they have 

demonstrated evidence of success 

should address the attainability of 

outcomes given this difference. 

(ii) The extent to which the design for 

implementing and evaluating the 

proposed project will result in 

information to guide possible 

replication of project activities or 

strategies, including information about 

the effectiveness of the approach or 

strategies employed by the project. 

(d) Quality of the management plan 

(25 points). The Secretary considers the 

quality of the management plan and 

personnel to replicate and expand highquality charter schools. In determining 

the quality of the management plan and 

personnel for the proposed project, the 

Secretary considers: 

(i) 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. 

(ii) The business plan for increasing, 

sustaining, and ensuring the quality and 

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Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Notices 28795 

performance of charter schools opened 

under this program beyond the initial 

period of Federal funding, including, 

but not limited to facilities, financials, 

central office, academics, governance, 

oversight, and human resources of the 

schools. 

(iii) A multi-year financial and 

operating model for the organization, as 

well as a demonstrated commitment of 

current and future partners, and 

evidence of broad support form 

stakeholders critical to the project’s 

long-term success. 

(iv) A plan for closing charter schools 

supported, overseen, or managed by the 

applicant that do not meet high 

standards of quality. 

(v) The qualifications, including 

relevant training and experience, of the 

project director, CEO/organization 

leader, and key project personnel, 

especially in managing projects of the 

size and scope of the proposed project. 

VI. Award Administration Information 

1. Award Notices: If your application 

is successful, we notify your U.S. 

Representative and U.S. Senators and 

send you a Grant Award Notification 

(GAN). We may notify you informally, 

also. 

If your application is not evaluated or 

not selected for funding, we notify you. 

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. Reporting: 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 multi-year 

award, you must submit an annual 

performance report that provides the 

most current performance and financial 

expenditure information as directed by 

the Secretary in 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 

http://www.ed.gov/fund/grant/apply/ 

appforms/appforms.html. 

4. Performance Measures: The goal of 

the CSP is to support the creation and 

development of a large number of highquality charter schools that are free from 

State or local rules that inhibit flexible 

operation, are held accountable for 

enabling students to reach challenging 

State performance standards, and are 

open to all students. The Secretary has 

two performance indicators to measure 

progress towards this goal: (1) The 

number of charter schools in operation 

around the Nation, and (2) the 

percentage of fourth- and eighth-grade 

charter school students who are 

achieving at or above the proficient 

level on State examinations in 

mathematics and reading/language arts. 

Additionally, the Secretary has 

established the following measure to 

examine the efficiency of the CSP: 

Federal cost per student in 

implementing a successful school 

(defined as a school in operation for 

three or more consecutive years). 

All grantees will be expected to 

submit an annual performance report 

documenting their contribution in 

assisting the Department in meeting 

these performance measures. 

VII. Agency Contact 

For Further Information Contact: Erin 

Pfeltz or Richard Payton, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., Room 4W255, 

Washington, DC 20202–5970. 

Telephone: (202) 205–3525 or 

(202) 453–7698 or by e-mail: 

erin.pfeltz@ed.gov or 

richard.payton@ed.gov. 

If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

VIII. 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 computer diskette) 

on request to the program contact 

person listed under For Further 

Information Contact in section VII of 

this notice. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this site. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: May 19, 2010. 

James H. Shelton, III, 

Assistant Deputy Secretary for Innovation and 

Improvement. 

[FR Doc. 2010–12436 Filed 5–21–10; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

May 13, 2010. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER10–895–002. 

Applicants: The Detroit Edison 

Company. 

Description: Detroit Edison Company 

submits Second Revised Service 

agreement 12 to FERC Electric tariff, 

Original Volume 4. 

Filed Date: 05/12/2010. 

Accession Number: 20100512–0215. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 02, 2010. 

Docket Numbers: ER10–1230–000. 

Applicants: The Detroit Edison 

Company. 

Description: Detroit Edison Company 

submits an unexecuted service 

agreement. 

Filed Date: 05/12/2010. 

Accession Number: 20100512–0217. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 02, 2010. 

Docket Numbers: ER10–1231–000. 

Applicants: The Detroit Edison 

Company. 

Description: Detroit Edison Company 

submits unexecuted Wholesale 

Distribution Service Agreement. 

Filed Date: 05/12/2010. 

Accession Number: 20100512–0216. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 02, 2010. 

Docket Numbers: ER10–1232–000. 

Applicants: Tampa Electric Company. 

Description: Tampa Electric Company 

submits Second Revised Sheet 94 et al. 

for inclusion in its open access 

transmission tariff. 

Filed Date: 05/12/2010 

Accession Number: 20100512–0214. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 02, 2010. 

Docket Numbers: ER10–1233–000. 

Applicants: Southwest Power Pool, 

Inc. 

Description: Southwest Power Pool 

Inc. submits an unexecuted Large 

Generator Interconnection Agreement. 

Filed Date: 05/12/2010. 

Accession Number: 20100513–0202. 

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