Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices 2943

2061, 14th and Constitution Avenue,

Washington, D.C. 20230, (202) 482–

5438.

SUPPLEMENTARY INFORMATION: Chapter

19 of the North American Free-Trade

Agreement (‘‘Agreement’’) establishes a

mechanism to replace domestic judicial

review of final determinations in

antidumping and countervailing duty

cases involving imports from a NAFTA

country with review by independent

binational panels. When a Request for

Panel Review is filed, a panel is

established to act in place of national

courts to review expeditiously the final

determination to determine whether it

conforms with the antidumping or

countervailing duty law of the country

that made the determination.

Under Article 1904 of the Agreement,

which came into force on January 1,

1994, the Government of the United

States, the Government of Canada and

the Government of Mexico established

Rules of Procedure for Article 1904

Binational Panel Reviews (‘‘Rules’’).

These Rules were published in the

Federal Register on February 23, 1994

(59 FR 8686).

A first Request for Panel Review was

filed with the U.S. Section of the

NAFTA Secretariat, pursuant to Article

1904 of the Agreement, on December 9,

1994, requesting panel review of the

final antidumping determination

described above.

The Rules provide that:

(a) A Party or interested party may

challenge the final determination in

whole or in part by filing a Complaint

in accordance with Rule 39 within 30

days after the filing of the first Request

for Panel Review (the deadline for filing

a Complaint is January 9, 1995);

(b) A Party, investigating authority or

interested person that does not file a

Complaint but that intends to appear in

support of any reviewable portion of the

final determination may participate in

the panel review by filing a Notice of

Appearance in accordance with Rule 40

within 45 days after the filing of the first

Request for Panel Review (the deadline

for filing a Notice of Appearance is

January 23, 1995); and

(c) The panel review shall be limited

to the allegations of error of fact or law,

including the jurisdiction of the

investigating authority, that are set out

in the Complaints filed in the panel

review and the procedural and

substantive defenses raised in the panel

review.

Dated: January 6, 1995.

James R. Holbein,

United States Secretary NAFTA Secretariat.

[FR Doc. 95–834 Filed 1–11–95; 8:45 am]

BILLING CODE 3510–GT–M

Minority Business Development

Agency

Business Development Center

Applications: Philadelphia, PA

AGENCY: Minority Business

Development Agency.

ACTION: Notice.

SUMMARY: In accordance with Executive

Order 11625 and 15 U.S.C. 1512, the

Minority Business Development Agency

(MBDA) is soliciting competitive

applications to operate its Philadelphia

Minority Business Development Center

(MBDC).

The purpose of the MBDC Program is

to provide business development

services to the minority business

community to help establish and

maintain viable minority businesses. To

this end, MBDA funds organizations to

identify and coordinate public and

private sector resources on behalf of

minority individuals and firms; to offer

a full range of client services to minority

entrepreneurs; and to serve as a conduit

of information and assistance regarding

minority business. The MBDC will

provide service in the Philadelphia,

Pennsylvania Metropolitan Area. The

award number of the MBDC will be 03–

10–95007–01.

DATES: The closing date for applications

is February 15, 1995. Applications must

be received in the MBDA Headquarters’

Field Coordination Division on or before

February 15, 1995.

ADDRESSES: U.S. Department of

Commerce, Minority Business

Development Agency, Office of

Operations and Regional Management,

Field Coordination Division, 14th and

Constitution Avenue, NW., Room 5075,

Washington, D.C. 20230, (202) 482–

6022.

FOR FURTHER INFORMATION, CONTACT:

William Fuller, Acting Regional Director

at (212) 264–3262.

SUPPLEMENTARY INFORMATION:

Contingent upon the availability of

Federal funds, the cost of performance

for the first budget period (13 months)

from May 1, 1995 to May 31, 1996, is

estimated at $388,898. The total Federal

amount is $330,563 and is composed of

$322,500 plus the Audit Fee amount of

$8,063. The application must include a

minimum cost share of 15%, $58,335 in

non-federal (cost-sharing) contributions

for a total project cost of $388,898. Costsharing contributions may be in the

form of cash, client fees, third party inkind contributions, non-cash applicant

contributions or combinations thereof.

The funding instrument for this

project will be a cooperative agreement.

For those applicants who are not

incumbent organizations or who are

incumbents that have experienced

closure due to a break in service, a 30-

day start-up period will be added to

their first budget period, making it a 13-

month award. Competition is open to

individuals, non-profit and for-profit

organizations, state and local

governments, American Indian tribes

and educational institutions.

Applications will be evaluated on the

following criteria: The knowledge,

background and/or capabilities of the

firm and its staff in addressing the needs

of the business community in general

and, specifically, the special needs of

minority businesses, individuals and

organizations (45 points), the resources

available to the firm in providing

business development services (10

points); the firm’s approach (techniques

and methodologies) to performing the

work requirements included in the

application (25 points); and the firm’s

estimated cost for providing such

assistance (20 points). An application

must receive at least 70% of the points

assigned to each evaluation criteria

category to be considered

programmatically acceptable and

responsive. Those applications

determined to be acceptable and

responsive will then be evaluated by the

Director of MBDA. Final award

selections shall be based on the number

of points received, the demonstrated

responsibility of the applicant, and the

determination of those most likely to

further the purpose of the MBDA

program. Negative audit findings and

recommendations and unsatisfactory

performance under prior Federal awards

may result in an application not being

considered for award. The applicant

with the highest point score will not

necessarily receive the award. Periodic

reviews culminating in year-to-date

evaluations will be conducted to

determine if funding for the project

should continue. Continued funding

will be at the total discretion of MBDA

based on such factors as the MBDC’s

performance, the availability of funds

and Agency priorities.

The MBDC shall be required to

contribute at least 15% of the total

project cost through non-Federal

contributions. To assist in this effort, the

MBDC may charge client fees for

services rendered. Fees may range from

$10 to $60 per hour based on the gross

receipts of the client’s business.

Anticipated processing time of this

award is 120 days. Executive order

12372, ‘‘Intergovernmental Review of

Federal Programs,’’ is not applicable to

this program. Federal funds for this

project include audit funds for non-CPA
2944 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices

recipients. In event that a CPA firm

wins the competition, the funds

allocated for audits are not applicable.

Questions concerning the preceding

information can be answered by the

contact person indicated above, and

copies of application kits and applicable

regulations can be obtained at the above

address. The collection of information

requirements for this project have been

approved by the Office of Management

and Budget (OMB) and assigned OMB

control number 0640–0006.

Awards under this program shall be

subject to all Federal laws, and Federal

and Departmental regulations, policies,

and procedures applicable to Federal

financial assistance awards.

Pre-Award Costs—Applicants are

hereby notified that if they incur any

costs prior to an award being made, they

do so solely at their own risk of not

being reimbursed by the Government.

Notwithstanding any verbal assurance

that an applicant may have received,

there is no obligation on the part of the

Department of Commerce to cover preaward costs.

Outstanding Account Receivable—No

award of Federal funds shall be made to

an applicant who has an outstanding

delinquent Federal debt until either the

delinquent account is paid in full,

repayment schedule is established and

at least one payment is received, or

other arrangements satisfactory to the

Department of Commerce are made.

Name Check Policy—All non-profit

and for-profit applicants are subject to a

name check review process. Name

checks are intended to reveal if any key

individuals associated with the

applicant have been convicted of or are

presently facing criminal charges such

as fraud, theft, perjury or other matters

which significantly reflect on the

applicant’s management honesty or

financial integrity.

Award Termination—The

Departmental Grants Officer may

terminate any grant/cooperative

agreement in whole or in part at any

time before the date of completion

whenever it is determined that the

award recipient has failed to comply

with the conditions of the grant/

cooperative agreement. Examples of

some of the conditions which can cause

termination are failure to meet costsharing requirements; unsatisfactory

performance of the MBDC work

requirements; and reporting inaccurate

or inflated claims of client assistance.

Such inaccurate or inflated claims may

be deemed illegal and punishable by

law.

False Statements—A false statement

on an application for Federal financial

assistance is grounds for denial or

termination of funds, and grounds for

possible punishment by a fine or

imprisonment as provided in 18 U.S.C.

1001.

Primary Applicant Certifications—All

primary applicants must submit a

completed Form CD–511,

‘‘Certifications Regarding Debarment,

Suspension and Other Responsibility

Matters; Drug-Free Workplace

Requirements and Lobbying.’’

Nonprocurement Debarment and

Suspension—Prospective participants

(as defined at 15 CFR Part 26, Section

105) are subject to 15 CFR Part 26,

‘‘Nonprocurement Debarment and

Suspension’’ and the related section of

the certification form prescribed above

applies.

Drug Free Workplace—Grantees (as

defined at 15 CFR Part 26, Section 605)

are subject to 15 CFR Part 26, Subpart

F, ‘‘Governmentwide Requirements for

Drug-Free Workplace (Grants)’’ and the

related section of the certification form

prescribed above applies.

Anti-Lobbying—Persons (as defined at

15 CFR Part 28, Section 105) are subject

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

1352, ‘‘Limitation on use of

appropriated funds to influence certain

Federal contracting and financial

transactions,’’ and the lobbying section

of the certification form prescribed

above applies to applications/bids for

grants, cooperative agreements, and

contracts for more than $100,000, and

loans and loan guarantees for more than

$150,000 or the single family maximum

mortgage limit for affected programs,

whichever is greater.

Anti-Lobbying Disclosures—Any

applicant that has paid or will pay for

lobbying using any funds must submit

an SF–LLL, ‘‘Disclosure of Lobbying

Activities,’’ as required under 15 CFR

Part 28, Appendix B.

Lower Tier Certifications—Recipients

shall require applications/bidders for

subgrants, contracts, subcontracts, or

other lower tier covered transactions at

any tier under the award to submit, if

applicable, a completed Form CD–512,

‘‘Certifications Regarding Debarment,

Suspension, Ineligibility and Voluntary

Exclusion-Lower Tier Covered

Transactions and Lobbying’’ and

disclosure form, SF–LLL, ‘‘Disclosure of

Lobbying Activities.’’ Form CD–512 is

intended for the use of recipients and

should not be transmitted to DOC. SF–

LLL submitted by any tier recipient or

subrecipient should be submitted to

DOC in accordance with the

instructions contained in the award

document.

Buy American-made Equipment or

Products—Applicants are hereby

notified that they are encouraged, to the

extent feasible, to purchase Americanmade equipment and products with

funding provided under this program in

accordance with Congressional intent as

set forth in the resolution contained in

Public Law 103–121, Sections 606 (a)

and (b).

11.800 Minority Business Development

Center

(Catalog of Federal Domestic Assistance)

Dated: January 5, 1995.

Donald L. Powers,

Federal Register Liaison Officer, Minority

Business Development Agency.

[FR Doc. 95–379 Filed 1–11–95; 8:45 am]

BILLING CODE 3510–21–P

Business Development Center

Applications: Mayaquez, PR

AGENCY: Minority Business

Development Agency, Commerce.

ACTION: Notice.

SUMMARY: In accordance with Executive

Order 11625 and 15 U.S.C. 1512, the

Minority Business Development Agency

(MBDA) is soliciting competitive

applications to operate its Mayaquez

Minority Business Development Center

(MBDC).

The purpose of the MBDC Program is

to provide business development

services to the minority business

community to help establish and

maintain viable minority businesses. To

this end, MBDA funds organizations to

identify and coordinate public and

private sector resources on behalf of

minority individuals and firms; to offer

a full range of client services to minority

entrepreneurs; and to serve as a conduit

of information and assistance regarding

minority business. The MBDC will

provide service in the Mayaquez, Puerto

Rico Metropolitan Area. The award

number of the MBDC will be 02–10–

95006–01.

DATES: The closing date for applications

is February 15, 1995. Applications must

be received in the MBDA Headquarters’

Field Coordination Division on or before

February 15, 1995. A pre-application

conference will be held on February 1,

1995, at 9:00 a.m., at the Atlanta

Regional Office, 401 W. Peachtree

Street, N.W., Suite 1715, Atlanta,

Georgia 30308–3516, (404) 730–3300.

ADDRESSES: U.S. Department of

Commerce, Minority Business

Development Agency, Office of

Operations and Regional Management,

Field Coordination Division, 14th and

Constitution Avenue, N.W., Room 5075,

Washington, D.C. 20230, (202) 482–

6022.