9576 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices

DEPARTMENT OF EDUCATION

[CFDA No. 84.286]

Telecommunications Demonstration

Project for Mathematics; Notice

Inviting Applications for New Awards

for Fiscal Year 1995

Note to Applicants: This notice is a

complete application package. Together

with the statute authorizing the program

and applicable regulations governing

the program, including the Education

Department General Administrative

Regulations (EDGAR), the notice

contains all of the information,

application forms, and instructions

needed to apply for a grant under this

competition.

Purpose of Program: The purpose of

the Telecommunications Demonstration

Project for Mathematics is to support a

grant to a nonprofit telecommunications

entity, or partnership of such entities, to

carry out a national

telecommunications-based

demonstration project to improve the

teaching of mathematics.

Eligible Applicants: Nonprofit

telecommunications entity or

partnership of such entities.

Deadline for Transmittal of

Applications: April 12, 1995

Deadline for Intergovernmental Review:

June 12, 1995

Estimated Available Funds: $2,250,000

Estimated Range of Awards: $2,250,000

Estimated Average Size of Awards:

$2,250,000

Estimated Number of Awards: 1

Note: The Department is not bound by any

estimates in this notice.

Project Period: Up to 60 months

Budget Period: 12 months

Applicable Regulations

The Education Department General

Administrative Regulations (EDGAR) as

follows:

(1) 34 CFR part 74 (Administration of

Grants to Institutions of Higher

Education, Hospitals, and Nonprofit

Organizations).

(2) 34 CFR part 75 (Direct Grant

Programs).

(3) 34 CFR part 77 (Definitions that

Apply to Department Regulations).

(4) 34 CFR part 79 (Intergovernmental

Review of Department of Education

Programs and Activities).

(5) 34 CFR part 80 (Uniform

Administrative Requirements for Grants

and Cooperative Agreements to State

and Local Governments).

(6) 34 CFR part 81 (General Education

Provision Act—Enforcement).

(7) 34 CFR part 82 (New Restrictions

on Lobbying).

(8) 34 CFR part 85 (Governmentwide

Debarment and Suspension

(Nonprocurement) and

Governmentwide Requirements for

Drug-Free Workplace (Grants)).

(9) 34 CFR part 86 (Drug-Free Schools

and Campuses).

Description of Program: The

Telecommunications Demonstration

Project for Mathematics is authorized by

Part D of Title III of the Elementary and

Secondary Education Act of 1965, as

amended (20 U.S.C. 6951–6952).

The Secretary is authorized to award

a grant to a nonprofit

telecommunications entity, or a

partnership of such entities, to carry out

a national telecommunications-based

demonstration project to improve the

teaching of mathematics. The project

must be designed to assist elementary

and secondary school teachers in

preparing all students for achieving

State content standards. The project

must be conducted at elementary and

secondary school sites in at least 15

States.

Application Requirements: Each

nonprofit telecommunications entity, or

partnership of such entities, that desires

a grant must submit an application

that——

(1) Demonstrates that the applicant

will use the existing publicly funded

telecommunications infrastructure to

deliver video, voice and data in an

integrated service to train teachers in

the use of new standards-based

curricula materials and learning

technologies;

(2) Assures that the project for which

assistance is sought will be conducted

in cooperation with appropriate State

educational agencies, local educational

agencies, State or local nonprofit public

telecommunications entities, and a

national mathematics education

professional association that has

developed content standards; and

(3) Assures that at least 25 percent of

the benefits available for elementary and

secondary schools from the project for

which assistance is sought will be

available to schools of local educational

agencies which have a high percentage

of children counted for the purpose of

part A of title I of the Elementary and

Secondary Education Act of 1965, as

amended.

Selection Criteria

(a)(1) The Secretary uses the following

selection criteria to evaluate

applications for new grants under this

competition. These are the criteria for

evaluating discretionary grants

contained in the Education Department

General Administrative Regulations

(EDGAR).

(2) The maximum score for all of

these criteria is 100 points.

(3) The maximum score for each

criterion is indicated in parentheses.

(b) The criteria. (1) Meeting the

purposes of the authorizing statute. (30

points) The Secretary reviews each

application to determine how well the

project will meet the purpose of Part D

of Title III of the Elementary and

Secondary Education Act of 1965, as

amended, including consideration

of——

(i) The objectives of the project; and

(ii) How the objectives of the project

further the purposes of Part D of Title

III of the Elementary and Secondary

Education Act of 1965, as amended.

(2) Extent of need for the project. (20

points) The Secretary reviews each

application to determine the extent to

which the project meets specific needs

recognized in Part D of Title III of the

Elementary and Secondary Education

Act of 1965, as amended, including

consideration of—

(i) The needs addressed by the

project;

(ii) How the applicant identified those

needs;

(iii) How those needs will be met by

the project; and

(iv) The benefits to be gained by

meeting those needs.

(3) Plan of operation. (15 points) The

Secretary reviews each application to

determine the quality of the plan of

operation for the project, including—

(i) The quality of the design of the

project;

(ii) The extent to which the plan of

management is effective and ensures

proper and efficient administration of

the project;

(iii) How well the objectives of the

project relate to the purpose of the

program;

(iv) The quality of the applicant’s plan

to use its resources and personnel to

achieve each objective;

(v) How the applicant will ensure that

project participants who are otherwise

eligible to participate are selected

without regard to race, color, national

origin, gender, age, or handicapping

condition; and

(vi) For grants under a program that

requires the applicant to provide an

opportunity for participation of students

enrolled in private schools, the quality

of the applicant’s plan to provide that

opportunity.

(4) Quality of key personnel. (10

points)

(i) The Secretary reviews each

application to determine the quality of

key personnel the applicant plans to use

on the project, including—

(A) The qualifications of the project

director (if one is to be used);
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9577

(B) The qualifications of each of the

other key personnel to be used in the

project;

(C) The time that each person referred

to in paragraph (b)(4)(i)(A) and (B) will

commit to the project; and

(D) How the applicant, as part of its

non-discriminatory employment

practices, will ensure that its personnel

are selected for employment without

regard to race, color, national origin,

gender, age, or handicapping condition.

(ii) To determine personnel

qualifications under paragraphs

(b)(4)(i)(A) and (B), the Secretary

considers—

(A) Experience and training in fields

related to the objectives of the project;

and

(B) Any other qualifications that

pertain to the quality of the project.

(5) Budget and cost effectiveness. (5

points) The Secretary reviews each

application to determine the extent to

which—

(i) The budget is adequate to support

the project; and

(ii) Costs are reasonable in relation to

the objectives of the project.

(6) Evaluation plan. (15 points) The

Secretary reviews each application to

determine the quality of the evaluation

plan for the project, including the extent

to which the applicant’s methods of

evaluation—

(i) Are appropriate to the project; and

(ii) To the extent possible, are

objective and produce data that are

quantifiable.

(Cross-reference: See 34 CFR 75.590

Evaluation by the grantee.)

(7) Adequacy of resources. (5 points)

The Secretary reviews each application

to determine the adequacy of the

resources that the applicant plans to

devote to the project, including

facilities, equipment, and supplies.

Intergovernmental Review of Federal

Programs

This program is subject to the

requirements of Executive Order 12372

(Intergovernmental Review of Federal

Programs) and the regulations in 34 CFR

part 79.

The objective of the Executive order is

to foster an intergovernmental

partnership and to strengthen

federalism by relying on State and local

processes for State and local

government coordination and review of

proposed Federal financial assistance.

Applicants must contact the

appropriate State Single Point of

Contact to find out about, and to comply

with, the State’s process under

Executive Order 12372. Applicants

proposing to perform activities in more

than one State should immediately

contact, upon receipt of this notice, the

Single Point of Contact for each of those

States and follow the procedures

established in those States under the

Executive order. If you want to know

the name and address of any State

Single Point of Contact, see the list

published in the Federal Register on

June 10, 1994 (59 FR 30214–30216).

In States that have not established a

process or chosen a program for review,

State, areawide, regional, and local

entities may submit comments directly

to the Department.

Any State Process Recommendation

and other comments submitted by a

State Single Point of Contact and any

comments from State, area wide,

regional, and local entities must be

mailed or hand-delivered by the date

indicated in this notice to the following

address: The Secretary, E.O. 12372—

CFDA# 84.286, U.S. Department of

Education, FB–10, Room 6213, 600

Independence Ave., SW., Washington,

DC 20202–0125.

Proof of mailing will be determined

on the same basis as applications (see 34

CFR 75.102). Recommendations or

comments may be hand-delivered until

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

date indicated in this notice.

Please note that the above address is

not the same address as the one to

which the applicant submits its

completed application. Do not send

applications to the above address.

Instructions for Transmittal of

Applications

(a) If an applicant wants to apply for

a grant, the applicant shall—

(1) Mail the original and two copies

of the application on or before the

deadline date to: U.S. Department of

Education, Application Control Center,

600 Independence Avenue, SW.,

Attention: (CFDA# 84.286), Washington,

DC 20202–4725.

(2) Hand deliver the original and two

copies of the application by 4:30 p.m.

(Washington, DC time) on the deadline

date to: U.S. Department of Education,

Application Control Center, Room

#3633, Attention: (CFDA# 84.286),

General Services Administration,

National Capital Region, 7th and D

Streets, SW., Washington, DC 20202–

4725.

Note: Upon receipt of your application, the

Department’s Application Control Center will

assign your organization an identification

number which will be returned to you via

receipt. Please refer to this number in any

future correspondence concerning your

application.

(b) An applicant must show one of the

following as proof of mailing:

(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.

(c) If an application is mailed through

the U.S. Postal Service, the Secretary

does 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.

Although the Department of

Education requires applicants to submit

an original and two copies of an

application, it has been our experience

that the entire review process can be

completed faster if applicants

voluntarily submit an original and five

copies of the application package. The

additional copies would be used during

the review process.

Notes: (1) The U.S. Postal Service does not

uniformly provide a dated postmark. Before

relying on this method, an applicant should

check with its local post office.

(2) The Application Control Center will

mail a Grant Applicant Receipt

Acknowledgement to each applicant. If an

applicant fails to receive the notification of

application receipt within 15 days from the

closing date of the application, the applicant

should call the U.S. Department of Education

Application Control Center at (202) 708–

9495.

(3) The applicant must indicate on the

envelope and—if not provided by the

Department—in Item 10 of the Application

for Federal Assistance (Standard Form 424)

the CFDA number—and suffix letter, if any—

of the competition under which the

application is being submitted.

Application Instructions and Forms

The appendix to this application is

divided into three parts plus a statement

regarding estimated public reporting

burden and various assurances and

certifications. These parts and

additional materials are organized in the

same manner that the submitted

application should be organized. The

parts and additional materials are as

follows:

Part I: Application for Federal

Assistance (Standard Form 424) and

instructions.

Part II: Budget Information—NonConstruction Programs (Standard Form

524A) and instructions.

Special Budget Instructions

The Department is participating in the

Administration’s Reinventing

Government Initiative. As part of that

initiative, the National Performance
9578 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices

Review urged the Department to

‘‘eliminate the continuation application

process for budget years within the

project period’’ and replace it with

‘‘yearly program progress reports

focusing on program outcomes and

problems related to program

implementation and service delivery.’’

The Department is implementing this

recommendation for as many programs

as possible beginning in fiscal year

1995. This will require all applicants for

multi-year awards to provide detailed

budget information for the total grant

period requested. The Department will

negotiate at the time of the initial award

the funding levels for each year of the

grant award. A new generic budget

form, included in this package, requests

the information needed to implement

this initiative.

By requesting detailed budget

information in the initial application for

the total project period, the need for

formal noncompeting continuation

applications in the remaining years will

be eliminated. An annual report will be

used in place of continuation

application to determine progress,

thereby relieving grantees of the burden

to resubmit assurances, certifications,

etc.

Part III. Application Narrative

Additional Materials: Public

Reporting Burden.

Assurance—Non Construction

Programs (Standard Form 424B).

Certifications regarding Lobbying;

Debarment, Suspension, and Other

Responsibility Matters; and Drug-Free

Workplace Requirements (ED 80–0013).

Certification regarding Debarment,

Suspension, Ineligibility and Voluntary

Exclusion: Lower Tier Covered

Transaction (ED 80–0014, 9/90) and

instruction.

Note: ED 80–0014 is intended for the use

of grantees and should not be transmitted to

the Department.

Disclosure of Lobbying Activities

(Standard Form LLL) (if applicable) and

instructions; and Disclosure of Lobbying

Activities Continuation Sheet (Standard

Form LLL–A).

An applicant may submit information

on a photostatic copy of the application

and budget forms, the assurances, and

the certifications. However, the

application form, the assurances, and

the certifications must each have an

original signature. No grant may be

awarded unless a completed application

form has been received.

For Further Information Contact:

Adria White, U.S. Department of

Education, 555 New Jersey Avenue,

NW., Room 502, Washington, D.C.

20208–5644. Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service at 1–800–877–8339

between 8 a.m. and 8 p.m., Eastern time,

Monday through Friday.

Information about the Department’s

funding opportunities, including copies

of application notices for discretionary

grant competitions, can be viewed on

the Department’s electronic bulletin

board (ED Board), telephone (202) 260–

9950; or on the Internet Gopher Server

at GOPHER.ED.GOV (under

Announcements, Bulletins and Press

Releases). However, the official

application notice for a discretionary

grant competition is the notice

published in the Federal Register.

Program Authority: 20 U.S.C. 6951–6952.

Dated: February 14, 1995.

Sharon P. Robinson,

Assistant Secretary for Educational Research

and Improvement.

BILLING CODE 4000–01–P
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9579

BILLING CODE 4000–01–C
9580 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices

Instructions for the SF 424

This is a standard form used by applicants

as a required facesheet for preapplications

and applications submitted for Federal

assistance. It will be used by Federal agencies

to obtain applicant certification that States

which have established a review and

comment procedure in response to Executive

Order 12372 and have selected the program

to be included in their process, have been

give an opportunity to review the applicant’s

submission.

Item and Entry

1. Self-explanatory.

2. Date application submitted to Federal

agency (or State if applicable) & applicant’s

control number (if applicable).

3. State use only (if applicable).

4. If this application is to continue or

revise an existing award, enter present

Federal identifier number. If for a new

project, leave blank.

5. Legal name of applicant, name of

primary organizational unit which will

undertake the assistance activity, complete

address of the applicant, and name and

telephone number of the person to contact on

matters related to this application.

6. Enter Employer Identification Number

(EIN) as assigned by the Internal Revenue

Service.

7. Enter the appropriate letter in the space

provided.

8. Check appropriate box and enter

appropriate letter(s) in the space(s) provided:

—‘‘New’’ means a new assistance award.

—‘‘Continuation’’ means an extension for an

additional funding/budget period for a

project with a projected completion date.

—‘‘Revision’’ means any change in the

Federal Government’s financial obligation

or contingent liability from an existing

obligation.

9. Name of Federal agency from which

assistance is being requested with this

application.

10. Use the Catalog of Federal Domestic

Assistance number and title of the program

under which assistance is requested.

11. Enter a brief descriptive title of the

project. If more than one program is

involved, you should append an explanation

on a separate sheet. If appropriate (e.g.,

construction or real property projects), attach

a map showing project location. For

preapplications, use a separate sheet to

provide a summary description of this

project.

12. List only the largest political entities

affected (e.g., State, counties, cities).

13. Self-explanatory.

14. List the applicant’s Congressional

District and any District(s) affected by the

program or project.

15. Amount requested or to be contributed

during the first funding/budget period by

each contributor. Value of in-kind

contributions should be included on

appropriate lines as applicable. If the action

will result in a dollar change to an existing

award, indicate only the amount of the

change. For decreases, enclose the amounts

in parentheses. If both basic and

supplemental amounts are included, show

breakdown on an attached sheet. For

multiple program funding, use totals and

show breakdown using same categories as

item 15.

16. Applicants should contact the State

Single Point of Contact (SPOC) for Federal

Executive Order 12372 to determine whether

the application is subject to the State

intergovernmental review process.

17. This question applies to the applicant

organization, not the person who signs as the

authorized representative. Categories of debt

include delinquent audit disallowances,

loans and taxes.

18, To be signed by the authorized

representative of the applicant. A copy of the

governing body’s authorization for you to

sign this application as official representative

must be on file in the applicant’s office.

(Certain Federal agencies may require that

this authorization be submitted as part of the

application.)

BILLING CODE 4000–01–M
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9581
9582 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices

BILLING CODE 4000–01–C
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9583

Public reporting burden for this collection

of information is estimated to vary from 13

to 22 hours per response, with an average of

17.5 hours, including the time for reviewing

instructions, searching existing data sources,

gathering and maintaining the data needed,

and completing the reviewing the collection

of information. Send comments regarding

this burden estimate or any other aspect of

this collection of information, including

suggestions for reducing this burden, to the

U.S. Department of Education, Information

Management and Compliance Division,

Washington, DC 20202–4651; and the Office

of Management and Budget, Paperwork

Reduction Project 1875–0102, Washington,

DC 20503.

Instructions for ED Form No. 524

General Instructions

This form is used to apply to individual

U.S. Department of Education discretionary

grant programs. Unless directed otherwise,

provide the same budget information for each

year of the multi-year funding request. Pay

attention to applicable program specific

instructions, if attached.

Section A—Budget Summary—U.S.

Department of Education Funds

All applicants must complete Section A

and provide a breakdown by the applicable

budget categories shown in lines 1–11.

Lines 1–11, columns (a)–(e):

For each project year for which funding is

requested, shown the total amount

requested for each applicable budget

category.

Lines 1–11, column (f):

Show the multi-year total for each budget

category. If funding is requested for only

one project year, leave this column

blank.

Line 12, columns (a)–(e):

Show the total budget request for each

project year for which funding is

requested.

Line 12, column (f):

Show the total amount requested for all

project years. If funding is requested for

only year, leave this space blank.

Section B—Budget Summary—Non-Federal

Funds

If you are required to provide or volunteer

to provide matching funds or other nonFederal resources to the project, these should

be shown for each applicable budget category

on lines 1–11 of Section B.

Lines 1–11, columns (a)–(e):

For each project year for which matching

funds or other contributions are

provided, show the total contribution for

each applicable budget category.

Lines 1–11, column (f):

Show the multi-year total for each budget

category. If non-Federal contributions are

provided for only one year, leave the

column blank.

Line 12, columns (a)–(e):

Show the total matching or other

contribution for each project year.

Line 12, column (f):

Show the total amount to be contributed

for all years of the multi-year project. If

non-Federal contributions are provided

for only year, leave this space blank.

Section C—Other Budget Information—Pay

Attention to Applicable Program Specific

Instructions, if Attached

1. Provide an itemized budget breakdown,

by project year, for each budget category

listed in Sections A and B.

2. If applicable to the program, enter the

type of indirect rate (provisional,

predetermined, final or fixed) that will be in

effect during the funding period. In addition,

enter the estimated amount of the base to

which the rate is applied, and the total

indirect expense.

3. If applicable to this program, provide the

rate and base on which fringe benefits are

calculated.

4. Provide other explanations or comments

you deem necessary.

Instructions for Part III—Application

Narrative

Before preparing the Application Narrative

an applicant should read carefully the

description of the program and the selection

criteria the Secretary uses to evaluate

applications. The narrative should

encompass each function or activity for

which funds are being requested and should

include the following:

Abstract: Attach a one-page, double-spaced

abstract following the Federal Assistance

Face Sheet, Standard Form 424. This is a key

element in all proposed narratives and

should include statements about: (i) The

need for the project; (ii) the proposed plan of

operation; and (iii) the project’s significance/

intended outcomes.

Narrative: Describe the proposed project in

light of each of the selection criteria in the

order in which the criteria are listed in this

application package. Provide a description of

the applicant entity or partnership, describe

the school sites where the demonstration will

take place, and address each of the

application requirements contained in this

notice. Include any other pertinent

information that might be useful in reviewing

the application.

The Secretary strongly requests the

applicant to limit the Application Narrative

to no more than 25 double-spaced, standard

typed pages (on one side only), including

appendices, although the Secretary will

consider applications of greater length.

Public Reporting Burden: Collection of

information necessary to obtain an award

under the Telecommunications

Demonstration Project for Mathematics

affects nine or fewer applicants. Thus, under

5 CFR 1320.4(a), the Assistant Secretary

informs potential respondents that the

collection of information in this application

is not subject to review by the Office of

Management and Budget under the

Paperwork Reduction Act of 1990.

Assurances—Non-Construction Programs

Note: Certain of these assurances may not

be applicable to your project or program. If

you have questions, please contact the

awarding agency. Further, certain Federal

awarding agencies may require applicants to

certify to additional assurances. If such is the

case, you will be notified.

As the duly authorized representative of

the applicant I certify that the applicant:

1. Has the legal authority to apply for

Federal assistance, and the institutional,

managerial and financial capability

(including funds sufficient to pay the nonFederal share of project costs) to ensure

proper planning, management and

completion of the project described in this

application.

2. Will give the awarding agency, the

Comptroller General of the United States, and

if appropriate, the State, through any

authorized representative, access to and the

right to examine all records, books, papers,

or documents related to the award; and will

establish a proper accounting system in

accordance with generally accepted

accounting standards or agency directives.

3. Will establish safeguards to prohibit

employees from using their positions for a

purpose that constitutes or presents the

appearance of personal or organizational

conflict of interest, or personal gain.

4. Will initiate and complete the work

within the applicable time frame after receipt

of approval of the awarding agency.

5. Will comply with the Intergovernmental

Personnel Act of 1970 (42 U.S.C. §§ 4728–

4763) relating to prescribed standards for

merit systems for programs funded under one

of the nineteen statutes or regulations

specified in Appendix A of OPM’s Standards

for a Merit System of Personnel

Administration (5 C.F.R. 900, Subpart F).

6. Will comply with all Federal statutes

relating to nondiscrimination. These include

but are not limited to: (a) Title VI of the Civil

Rights Act of 1964 (P.L. 88–352) which

prohibits discrimination on the basis of race,

color or national origin; (b) Title IX of the

Education Amendments of 1972, as amended

(20 U.S.C. §§ 1681–1683, and 1685–1686),

which prohibits discrimination on the basis

of sex; (c) Section 504 of the Rehabilitation

Act of 1973, as amended (29 U.S.C. § 794),

which prohibits discrimination on the basis

of handicaps; (d) the Age Discrimination Act

of 1975, as amended (42 U.S.C. §§ 6101–

6107), which prohibits discrimination on the

basis of age; (e) the Drug Abuse Office and

Treatment Act of 1972 (P.L. 92–255), as

amended, relating to nondiscrimination on

the basis of drug abuse; (f) the

Comprehensive Alcohol Abuse and

Alcoholism Prevention, Treatment and

Rehabilitation Act of 1970 (P.L. 91–616), as

amended, relating to nondiscrimination on

the basis of alcohol abuse or alcoholism; (g)

§§ 523 and 527 of the Public Health Service

Act of 1912 (42 U.S.C. 290 dd–3 and 290 ee–

3), as amended, relating to confidentiality of

alcohol and drug abuse patient records; (h)

Title VIII of the Civil Rights Act of 1968 (42

U.S.C. § 3601 et seq.), as amended, relating to

nondiscrimination in the sale, rental or

financing of housing; (i) any other

nondiscrimination provisions in the specific

statute(s) under which application for

Federal assistance is being made; and (j) the

requirements of any other nondiscrimination

statute(s) which may apply to the

application.

7. Will comply, or has already complied,

with the requirements of Titles II and III of

the Uniform Relocation Assistance and Real
9584 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices

Property Acquisition Policies Act of 1970

(P.L. 91–646) which provide for fair and

equitable treatment of persons displaced or

whose property is acquired as a result of

Federal or federally assisted programs. These

requirements apply to all interests in real

property acquired for project purposes

regardless of Federal participation in

purchases.

8. Will comply with the provisions of the

Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–

7328) which limit the political activities of

employees whose principal employment

activities are funded in whole or in part with

Federal funds.

9. Will comply, as applicable, with the

provisions of the Davis-Bacon Act (40 U.S.C.

§§ 276a to 276a–7), the Copeland Act (40

U.S.C. § 276c and 18 U.S.C. §§ 874), and the

Contract Work Hours and Safety Standards

Act (40 U.S.C. §§ 327–333), regarding labor

standards for federally assisted construction

subagreements.

10. Will comply, if applicable, with flood

insurance purchase requirements of Section

102(a) of the Flood Disaster Protection Act of

1973 (P.L. 93–234) which requires recipients

in a special flood hazard area to participate

in the program and to purchase flood

insurance if the total cost of insurable

construction and acquisition is $10,000 or

more.

11. Will comply with environmental

standards which may be prescribed pursuant

to the following: (a) institution of

environmental quality control measures

under the National Environmental Policy Act

of 1969 (P.L. 91–190) and Executive Order

(EO) 11514; (b) notification of violating

facilities pursuant to EO 11738; (c) protection

of wetlands pursuant to EO 11990; (d)

evaluation of flood hazards in floodplains in

accordance with EO 11988: (e) assurance of

project consistency with the approved State

management program developed under the

Coastal Zone Management Act of 1972 (16

U.S.C. §§ 1451 et seq.); (f) conformity of

Federal actions to State (Clear Air)

Implementation Plans under Section 176(c)

of the Clear Air Act of 1955, as amended (42

U.S.C. § 7401 et seq.) (g) protection of

underground sources of drinking water under

the Safe Drinking Water Act of 1974, as

amended, (P.L. 93–523); and (h) protection of

endangered species under the Endangered

Species Act of 1973, as amended, (P.L. 93–

205).

12. Will comply with the Wild and Scenic

Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)

related to protecting components or potential

components of the national wild and scenic

rivers system.

13. Will assist the awarding agency in

assuring compliance with Section 106 of the

National Historic Preservation Act of 1966, as

amended (16 U.S.C. 470), EO 11593

(identification and protection of historic

properties), and the Archaeological and

Historic Preservation Act of 1974 (16 U.S.C.

469a–1 et seq.).

14. Will comply with P.L. 93–348

regarding the protection of human subjects

involved in research, development, and

related activities supported by this award of

assistance.

15. Will comply with the Laboratory

Animal Welfare Act of 1966 (P.L. 89–544, as

amended, 7 U.S.C. 2131 et seq.) pertaining to

the care, handling, and treatment of warm

blooded animals held for research, teaching,

or other activities supported by this award of

assistance.

16. Will comply with the Lead-Based Paint

Poisoning Prevention Act (42 U.S.C. §§ 4801

et seq.) which prohibits the use of lead based

paint in construction or rehabilitation of

residence structures.

17. Will cause to be performed the required

financial and compliance audits in

accordance with the Single Audit Act of

1984.

18. Will comply with all applicable

requirements of all other Federal laws,

executive orders, regulations and policies

governing this program.

lllllllllllllllllllll

Signature of authorized certifying official

lllllllllllllllllllll

Title

lllllllllllllllllllll

Applicant organization

lllllllllllllllllllll

Date submitted

Certifications Regarding Lobbying;

Debarment, Suspension and Other

Responsibility Matters; and Drug-Free

Workplace Requirements

Applicants should refer to the regulations

cited below to determine the certification to

which they are required to attest. Applicants

should also review the instructions for

certification included in the regulations

before completing this form. Signature of this

form provides for compliance with

certification requirements under 34 CFR Part

82, ‘‘New Restrictions on Lobbying,’’ and 34

CFR Part 85, ‘‘Government-wide Debarment

and Suspension (Nonprocurement) and

Government-wide Requirements for DrugFree Workplace (Grants).’’ The certifications

shall be treated as a material representation

of fact upon which reliance will be placed

when the Department of Education

determines to award the covered transaction,

grant, or cooperative agreement.

1. Lobbying

As required by Section 1352, Title 31 of the

U.S. Code, and implemented at 34 CFR Part

82, for persons entering into a grant or

cooperative agreement over $100,000, as

defined at 34 CFR Part 82, Sections 82.105

and 82.110, the applicant certifies that:

(a) No Federal appropriated funds have

been paid or will be paid, by or on behalf of

the undersigned, to any person for

influencing or attempting to influence an

officer or employee of any agency, a Member

of Congress, an officer or employee of

Congress, or an employee of a Member of

Congress in connection with the making of

any Federal grant, the entering into of any

cooperative agreement, and the extension,

continuation, renewal, amendment, or

modification of any Federal grant or

cooperative agreement;

(b) If any funds other than Federal

appropriated funds have been paid or will be

paid to any person for influencing or

attempting to influence an officer or

employee of any agency, a Member of

Congress, an officer or employee of Congress,

or an employee of a Member of Congress in

connection with this Federal grant or

cooperative agreement, the undersigned shall

complete and submit Standard Form—LLL,

‘‘Disclosure Form to Report Lobbying,’’ in

accordance with its instructions;

(c) The undersigned shall require that the

language of this certification be included in

the award documents for all subawards at all

tiers (including subgrants, contracts under

grants and cooperative agreements, and

subcontracts) and that all subrecipients shall

certify and disclose accordingly.

2. Debarment, Suspension, and Other

Responsibility Matters

As required by Executive Order 12549,

Debarment and Suspension, and

implemented at 34 CFR Part 85, for

prospective participants in primary covered

transactions, as defined at 34 CFR Part 85,

Sections 85.105 and 85.110—

A. The applicant certifies that it and its

principals:

(a) Are not presently debarred, suspended,

proposed for debarment, declared ineligible,

or voluntarily excluded from covered

transactions by any Federal department or

agency;

(b) Have not within a three-year period

preceding this application been convicted of

or had a civil judgment rendered against

them for commission of fraud or a criminal

offense in connection with obtaining,

attempting to obtain, or performing a public

(Federal, State, or local) transaction or

contract under a public transaction; violation

of Federal or State antitrust statutes or

commission of embezzlement, theft, forgery,

bribery, falsification or destruction of

records, making false statements, or receiving

stolen property;

(c) Are not presently indicted for or

otherwise criminally or civilly charged by a

governmental entity (Federal, State, or local)

with commission of any of the offenses

enumerated in paragraph (1)(b) of this

certification; and

(d) Have not within a three-year period

preceding this application had one or more

public transactions (Federal, State, or local)

terminated for cause or default; and

B. Where the applicant is unable to certify

to any of the statements in this certification,

he or she shall attach an explanation to this

application.

3. Drug-Free Workplace (Grantees Other

Than Individuals)

As required by the Drug-Free Workplace

Act of 1988, and implemented at 34 CFR Part

85, Subpart F, for grantees, as defined at 34

CFR Part 85, Sections 85.605 and 85.610—

A. The applicant certifies that it will or

will continue to provide a drug-free

workplace by:

(a) Publishing a statement notifying

employees that the unlawful manufacture,

distribution, dispensing, possession, or use of

a controlled substance is prohibited in the

grantee’s workplace and specifying the

actions that will be taken against employees

for violation of such prohibition;

(b) Establishing an on-going drug-free

awareness program to inform employees

about—
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9585

(1) The dangers of drug abuse in the

workplace;

(2) The grantee’s policy of maintaining a

drug-free workplace;

(3) Any available drug counseling,

rehabilitation, and employee assistance

programs; and

(4) The penalties that may be imposed

upon employees for drug abuse violations

occurring in the workplace;

(c) Making it a requirement that each

employee to be engaged in the performance

of the grant be given a copy of the statement

required by paragraph (a);

(d) Notifying the employee in the statement

required by paragraph (a) that, as a condition

of employment under the grant, the employee

will—

(1) Abide by the terms of the statement;

and

(2) Notify the employer in writing of his or

her conviction for a violation of a criminal

drug statute occurring in the workplace no

later than five calendar days after such

conviction;

(e) Notifying the agency, in writing, within

10 calendar days after receiving notice under

subparagraph (d)(2) from an employee or

otherwise receiving actual notice of such

conviction. Employers of convicted

employees must provide notice, including

position title, to: Director, Grants and

Contracts Service, U.S. Department of

Education, 400 Maryland Avenue, S.W.

(Room 3124, GSA Regional Office Building

No. 3), Washington, DC 20202–4571. Notice

shall include the identification number(s) of

each affected grant;

(f) Taking one of the following actions,

within 30 calendar days of receiving notice

under subparagraph (d)(2), with respect to

any employee who is so convicted—

(1) Taking appropriate personnel action

against such an employee, up to and

including termination, consistent with the

requirements of the Rehabilitation Act of

1973, as amended; or

(2) Requiring such employee to participate

satisfactorily in a drug abuse assistance or

rehabilitation program approved for such

purposes by a Federal, State, or local health,

law enforcement, or other appropriate

agency;

(g) Making a good faith effort to continue

to maintain a drug-free workplace through

implementation of paragraphs (a), (b), (c), (d),

(e), and (f).

B. The grantee may insert in the space

provided below the site(s) for the

performance of work done in connection

with the specific grant:

Place of Performance (Street address, city,

county, state, zip code)

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

Check b if there are workplaces on file that

are not identified here.

Drug-Free Workplace (Grantees Who Are

Individuals)

As required by the Drug-Free Workplace

Act of 1988, and implemented at 34 CFR Part

85, Subpart F, for grantees, as defined at 34

CFR Part 85, Sections 85.605 and 85.610—

A. As a condition of the grant, I certify that

I will not engage in the unlawful

manufacture, distribution, dispensing,

possession, or use of a controlled substance

in conducting any activity with the grant;

and

B. If convicted of a criminal drug offense

resulting from a violation occurring during

the conduct of any grant activity, I will report

the conviction, in writing, within 10 calendar

days of the conviction, to: Director, Grants

and Contracts Service, U.S. Department of

Education, 400 Maryland Avenue, S.W.

(Room 3124, GSA Regional Office Building

No. 3), Washington, DC 20202–4571. Notice

shall include the identification number(s) of

each affected grant.

As the duly authorized representative of

the applicant, I hereby certify that the

applicant will comply with the above

certifications.

lllllllllllllllllllll

Name of applicant

lllllllllllllllllllll

PR/award number and/or project name

lllllllllllllllllllll

Printed name and title of authorized

representative

lllllllllllllllllllll

Signature

lllllllllllllllllllll

Date

Certification Regarding Debarment,

Suspension, Ineligibility and Voluntary

Exclusion—Lower Tier Covered

Transactions

This certification is required by the

Department of Education regulations

implementing Executive Order 12549,

Debarment and Suspension, 34 CFR part 85,

for all lower tier transactions meeting the

threshold and tier requirements stated at

section 85.110.

Instructions for Certification

1. By signing and submitting this proposal,

the prospective lower tier participant is

providing the certification set out below.

2. The certification in this clause is a

material representation of fact upon which

reliable was placed when this transaction

was entered into. If it is later determined that

the prospective lower tier participant

knowingly rendered an erroneous

certification, in addition to other remedies

available to the Federal Government, the

department or agency with which this

transaction originated may pursue available

remedies, including suspension and/or

debarment.

3. The prospective lower tier participant

shall provide immediate written notice to the

person to which this proposal is submitted if

at any time the prospective lower tier

participant learns that its certification was

erroneous when submitted or has become

erroneous by reason of changed

circumstances.

4. The terms ‘‘covered transaction,’’

‘‘debarred,’’ ‘‘suspended,’’ ‘‘ineligible,’’

‘‘lower tier covered transaction,’’

‘‘participant,’’ ‘‘person,’’ ‘‘primary covered

transaction,’’ ‘‘principal,’’ ‘‘proposal,’’ and

‘‘voluntarily excluded,’’ as used in this

clause, have the meanings set out in the

Definitions and Coverage this section of rules

implementing Executive Order 12549. You

may contact the person to which this

proposal is submitted for assistance in

obtaining a copy of those regulations.

5. The prospective lower tier participant

agrees by submitting this proposal that,

should the proposed covered transaction be

entered into, it shall not knowingly enter into

any lower tier covered transaction with a

person who is debarred, suspended, declared

ineligible, or voluntarily excluded from

participation in this covered transaction,

unless authorized by the department or

agency with which this transaction

originated.

6. The prospective lower tier participant

further agrees by submitting this proposal

that it will include the clause titled

‘‘Certification Regarding Debarment,

Suspension, Ineligibility, and Voluntary

Exclusion—Lower Tier Covered

Transactions,’’ without modification, in all

lower tier covered transactions and in all

solicitations for lower tier covered

transactions.

7. A participant in a covered transaction

may rely upon a certification of a prospective

participant in a lower tier covered

transaction that it is not debarred,

suspended, ineligible, or voluntarily

excluded from the covered transaction,

unless it knows that the certification is

erroneous. A participant may decide the

method and frequency by which it

determines the eligibility of its principals.

Each participant may, but is not required to,

check the Nonprocurement List.

8. Nothing contained in the foregoing shall

be construed to require establishment of a

system of records in order to render in good

faith the certification required by this clause.

The knowledge and information of a

participant is not required to exceed that

which is normally possessed by a prudent

person in the ordinary course of business

dealings.

9. Except for transactions authorized under

paragraph 5 of these instructions, if a

participant in a covered transaction

knowingly enters into a lower tier covered

transaction with a person who is suspended,

debarred, ineligible, or voluntarily excluded

from participation in this transaction, in

addition to other remedies available to the

Federal Government, the department or

agency with which this transaction

originated may pursue available remedies,

including suspension and/or debarment.

Certification

(1) The prospective lower tier participant

certifies, by submission of this proposal, that

neither it nor its principals are presently

debarred, suspended, proposed for

debarment, declared ineligible, or voluntarily

excluded from participation in this

transaction by any Federal department or

agency.

(2) Where the prospective lower tier

participant is unable to certify to any of the

statements in this certification, such

prospective participant shall attach an

explanation to this proposal.

Name of applicant
9586 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices

lllllllllllllllllllll

PR/Award number and/or project name

lllllllllllllllllllll

Printed name and title of authorized

representative

lllllllllllllllllllll

Signature

lllllllllllllllllllll

Date

BILLING CODE 4000–01–M
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9587

BILLING CODE 4000–01–C
9588 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices

Instructions for Completion of SF–LLL,

Disclosure of Lobbying Activities

This disclosure form shall be completed by

the reporting entity, whether subawardee or

prime Federal recipient, at the initiation or

receipt of a covered Federal action, or a

material change to a previous filing, pursuant

to title 31 U.S.C. section 1352. The filing of

a form is required for each payment or

agreement to make payment to any lobbying

entity for influencing or attempting to

influence an officer or employee of any

agency, a Member of Congress, an officer or

employee of Congress, or an employee of a

Member of Congress in connection with a

covered Federal action. Use the SF–LLL–A

Continuation Sheet for additional

information if the space on the form is

inadequate. Complete all items that apply for

both the initial filing and material change

report. Refer to the implementing guidance

published by the Office of Management and

Budget for additional information.

1. Identify the type of covered Federal

action for which lobbying activity is and/or

has been secured to influence the outcome of

a covered Federal action.

2. Identify the status of the covered Federal

action.

3. Identify the appropriate classification of

this report. If this is a followup report caused

by a material change to the information

previously reported, enter the year and

quarter in which the change occurred. Enter

the date of the last previously submitted

report by this reporting entity for this

covered Federal action.

4. Enter the full name, address, city, state

and zip code of the reporting entity. Include

Congressional District, if known. Check the

appropriate classification of the reporting

entity that designates if it is, or expects to be,

a prime or subaward recipient. Identify the

tier of the subawardee, e.g., the first

subawardee of the prime is the 1st tier.

Subawards include but are not limited to

subcontracts, subgrants and contract awards

under grants.

5. If the organization filing the report in

item 4 checks ‘‘Subawardee’’, then enter the

full name, address, city, state and zip code

of the prime Federal recipient. Include

Congressional District, if known.

6. Enter the name of the Federal agency

making the award or loan commitment.

Include at least one organizational level

below agency name, if known. For example,

Department of Transportation, United States

Coast Guard.

7. Enter the Federal program name or

description for the covered Federal action

(item 1). If known, enter the full Catalog of

Federal Domestic Assistance (CFDA) number

for grants, cooperative agreements, loans, and

loan commitments.

8. Enter the most appropriate Federal

identifying number available for the Federal

action identified in item 1 (e.g., Request for

Proposal (RFP) number; Invitation for Bid

(IFB) number; grant announcement number;

the contract, grant, or loan award number;

the application/proposal control number

assigned by the Federal agency). Include

prefixes, e.g., ‘‘RFP–DE–90–001.’’

9. For a covered Federal action where there

has been an award or loan commitment by

the Federal agency, enter the Federal amount

of the award/loan commitment for the prime

entity identified in item 4 or 5.

10. (a) Enter the full name, address, city,

state and zip code of the lobbying entity

engaged by the reporting entity identified in

item 4 to influence the covered Federal

action.

(b) Enter the full names of the individual(s)

performing services, and include full address

if different from 10 (a). Enter Last Name, First

Name, and Middle Initial (MI).

11. Enter the amount of compensation paid

or reasonably expected to be paid by the

reporting entity (item 4) to the lobbying

entity (item 10). Indicate whether the

payment has been made (actual) or will be

made (planned). Check all boxes that apply.

If this is a material change report, enter the

cumulative amount of payment made or

planned to be made.

12. Check the appropriate box(es). Check

all boxes that apply. If payment is made

through an in-kind contribution, specify the

nature and value of the in-kind payment.

13. Check the appropriate box(es). Check

all boxes that apply. If other, specify nature.

14. Provide a specific and detailed

description of the services that the lobbyist

has performed, or will be expected to

perform, and the date(s) of any services

rendered. Include all preparatory and related

activity, not just time spent in actual contact

with Federal officials. Identify the Federal

official(s) or employee(s) contacted or the

officer(s), employee(s), or Member(s) of

Congress that were contacted.

15. Check whether or not a SF–LLL–A

Continuation Sheet(s) is attached.

16. The certifying official shall sign and

date the form, print his/her name, title, and

telephone number.

Public reporting burden for this collection

of information is estimated to average 30

minutes per response, including time for

reviewing instructions, searching existing

data sources, gathering and maintaining the

data needed, and completing and reviewing

the collection of information. Send

comments regarding the burden estimate or

any other aspect of this collection of

information, including suggestions for

reducing this burden, to the Office of

Management and Budget, Paperwork,

Reduction Project (0348–0046), Washington,

DC 20503.

BILLING CODE 4000–01–P
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9589

[FR Doc. 95–4061 Filed 2–16–95; 8:45 am]

BILLING CODE 4000–01–C