16454 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

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: March 24, 1995.

Donald L. Powers,

Federal Register Liaison Officer, Minority

Business Development Agency.

[FR Doc. 95–7774 Filed 3–29–95; 8:45 am]

BILLING CODE 3510–21–P

Technology Administration

[Docket No. 950313072–5072–01]

RIN No.: 0693–AB37

Financial Assistance for Research and

Development, U.S.-Israeli Science and

Technology Program

AGENCY: Tecnology Administration,

Commerce.

ACTION: Notice.

SUMMARY: The Under Secretary for

Technology of the United States

Department of Commerce invites

proposals for financial assistance under

the U.S.-Israeli Science and Technology

Program (the ‘‘Program’’). The Program

will assist U.S.-based industrial firms

that have entered into U.S.-Israeli joint

ventures (partnerships of United States

and Israeli companies) to carry our

research and development on long-term,

medium- to high-risk technologies. This

Program is separate from the existing Binational Industrial R&D Foundation

(BIRD), which continues to offer support

for commercial joint ventures. Inquiries

about BIRD assistance should be

addressed directly to the BIRD

Foundation, Tel Aviv, Israel.

Such projects should focus on

research, development and

commercialization of technologies that

are not appropriately funded by other

U.S. or Israeli government-funded

research and development efforts. This

assistance will take place through the

use of cooperative agreements with

U.S.-based industrial firms pursuant to

this Notice.

Funding will be made directly to the

U.S. firms that are partners in the U.S.-

Israeli joint ventures. Funding from the

U.S. Department of commerce for the

Program is limited to the U.S. partner(s)

to a U.S.-Israeli joint venture, with

funding for the Israeli partner(s) to be

provided by the Israeli Government. On

December 21, 1994, the Technology

Administration published a notice in

the Federal Register to announce this

Program (FR 65756), including the

availability of funds for a first round of

awards. Funding recipients for this first

round were announced on February 6,

1995, referenced in more detail below.

DATES: Applications must be received

on or before Close of Business May 19,

1995. It is expected that the review and

selection process will take

approximately thirty (30) days.

ADDRESSES: Applications must be

submitted to: U.S.-Israel Science and

Technology Commission, Room 7068,

U.S. Department of Commerce,

Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Lee

Bailey, Executive Director, U.S./Israel

Science and Technology Commission,

telephone number (202) 482–6351.

SUPPLEMENTARY INFORMATION: In March,

1993, President Clinton and Israeli

Prime Minister Yitzhak Rabin

announced their intention to create the

U.S.-Israeli Science and Technology

Commission (the ‘‘Commission’’) to

promote U.S.-Israeli cooperative science

and technology activities that could

benefit the two nations’ civilian high

technology commercial sectors, and

create jobs and economic growth. The

Commission was established by an

agreement of January 18, 1994 between

the U.S. and Israeli governments, and

plans to implement certain of its

objectives through a U.S. non-profit

corporation (hereinafter ‘‘USNPC’’).

The Commerce Department expects

that the USNPC itself will award future

financial assistance agreements under

the Program, and may also be in a

position to award the agreements

contemplated by this notice. Should this

occur, applicants that have submitted

proposals that remain under review will

be asked to transfer their proposals to

the USNPC, and will receive further

information about the requirements that

apply to the USNPC’s financial

assistance agreements. Applicants

should take note that the USNPC’s

requirements will differ in certain

respects from those announced in this

notice, including modification with

respect to accounting, reporting, and

intellectual property requirements, and

the adoption of award recovery policies

that would apply in cases where the

USNPC-sponsored projects result in

commercially successful products.

Applicants that enter into agreements

with the Commerce Department may

also be asked to consent to the

Department assigning their agreements

to the USNPC at a later point, and to

negotiate any modifications to the

agreement that may be necessary to

satisfy the USNPC’s financial assistance

requirements. For additional

information, applicants may contact the

Information Contact Person listed above.

Funding is intended for projects (1) That

will have significant economic benefits

for both the United States and Israel and

(2) that in general are in the areas of the

environment, energy, health,

biotechnology, information processing/

telecommunications or agriculture, or in

the commercialization of defense

technologies.

This program announcement has been

determined to be not significant for

purposes of Executive Order 12866.

Authority

The Under Secretary for Technology,

pursuant to the authority delegated to

her by section 3706 of Title 15 of the

U.S. Code, as well as sections 2.02 and

4.03(d) of Department Organization

Order 10–17, dated July 14, 1992, is

implementing this activity.

Program Description

The Program will assist eligible U.S.-

based industrial firms that have entered

into U.S.-Israeli joint ventures

(partnerships of United States-based and

Israeli-based companies) to carry out

research and development of long-term,

medium- to high-risk technologies that

offer significant economic benefits, that

are focused on commercialization and

that are not appropriately funded by

other U.S. and Israeli governmentfunded research and development

efforts. This assistance will take place

through the use of cooperative

agreements. U.S. Commerce Department

assistance is offered to promote the

economy of the U.S. via the creation of

new technologies and the

commercialization of new and existing

technologies.

Funding Availability

The implementation and conduct of

this Program is contingent upon the

availability of all funding anticipated for

its operation. The Commerce

Department reserves the right to

discontinue this Program in the event

all funding is not made available or is

otherwise not secured. It is anticipated

that funds will be available subject to

reprogramming notifications to

Congress.

The U.S. Government and the

Government of Israel are each making

available up to $5 million in the current

fiscal year for this Program for qualified

projects. The governments of both

nations intend to fund this Program at
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16455

the same level during 1996 and 1997.

Two awards and one feasibility study

totalling $5,721,000, to be paid over four

fiscal years, were announced on

February 6, 1995. Within the limits of

available funding, there is no

predetermined minimum or maximum

award. The funds may be spent toward

research and development activities

consistent with the goals set forth in this

Notice.

Matching Funding Requirements—

Federal financial assistance must be

accompanied by at least an equal

matching investment by the U.S.-based

firm(s) party to each U.S.-Israeli joint

venture. In the event there are multiple

U.S.-based firms in a given U.S.-Israeli

venture, the aggregate investment of the

U.S. partners must at least equally

match the Federal investment in that

project.

Eligibility Requirements

The Program will accept proposals

only from U.S.-Israeli joint ventures led

by one U.S.-based industrial partner and

one Israeli-based industrial partner. In

general, awards will not be made to a

joint venture composed of affiliated

U.S.- and Israeli-based partners.

Concerns are considered to be affiliates

of each other when either directly or

indirectly (a) one concern controls or

has the power to control the other, or (b)

a third party or parties controls or has

the power to control both, or (c) an

identity of interest between or among

parties exists such that affiliation may

be found.

Federal financial assistance will be

given only to U.S.-based industrial

partner or to a consortia led by U.S.-

based industrial partners. A U.S.-based

industrial partner, or a consortia led by

U.S.-based industrial partners, shall be

eligible to receive assistance under this

Program only if the U.S.-based

industrial partner, or each member of

the consortia, is incorporated in the

United States and has its principal place

of business in the United States.

Project Eligibility

Proposed projects must meet the

following criteria:

• Must be in one of the following

areas: The environment, energy, health,

biotechnology, information processing/

telecommunications, the

commercialization of defense

technologies, or agriculture. Further, the

project must be for research and

development activities in long term,

medium- to high risk technologies, and

which show a plan to

commercialization within 48 months.

• Must include technical innovation,

significant commercial potential, and

economic benefit to both countries.

Award Period

The duration of Federal financial

assistance to a U.S.-based industrial

firm will not exceed four years.

Indirect Costs

Indirect costs will not be funded

under this Program.

Application Forms and Kit

Applicants must submit one (1)

signed original plus two copies of each

application. Standard Forms 424 and

424A, Application for Federal

Assistance (which have been approved

under the Paperwork Reduction Act by

OMB Control No. 0348–0043 and 0348–

0044, respectively) shall be used in

applying for financial assistance, plus

such additional information as is

needed to permit the evaluation of the

applications on the criteria set forth

below. Forms are available by request

from the Information Contact Person

listed above. The additional information

shall include a business plan containing

the following:

• Executive summary (maximum 3

pages);

• Description of the project and

technology involved (See Evaluation

Criteria No. 1);

• Commercialization objectives

including economic benefits to U.S. &

Israel and other regions (See Evaluation

Criteria No. 2);

• Commercialization plan including

project objectives target markets and

strategy, technology transfer and

intellectual property requirements and

additional capital requirements (See

Evaluation Criteria No. 3)

• Description of proposed project

participant qualifications and time

schedule (See Evaluation Criteria No. 4);

• Project management, organizational

structure, equipment, facilities and

support (See Evaluation Criteria No. 5);

and,

• Proposed budget.

Proposals shall not exceed 40 pages

(50 pages for joint proposals) exclusive

of the Standard Forms. Proposals must

be on 81⁄2 by 11’’ paper (copies double

sided) no fold out inserts and no smaller

than 12 point type. Additional

information beyond the page limit will

not be considered. In addition, each

proposer is asked to submit a brief one

paragraph project summary containing

non-proprietary information which may

be utilized by the Commission without

regard to the Confidentiality Provisions

applicable to this notice.

Evaluation Criteria—Factors within

each criteria (labelled i, ii, iii, etc.) will

be weighed equally. No project will be

funded in the absence of a finding of

technical and commercial merit by the

reviewers. The evaluation criteria to be

used in selecting any proposal for

funding under this program, and their

respective weights, are:

(1) Scientific and Technical Merit of

the Proposal (30 percent).

(i) Quality and innovativeness of the

proposed technical program (i.e.

uniqueness with respect to current

industry practice).

(ii) Technical feasibility of the project

(i.e., are the technical objectives

realistic?).

(iii) Coherency of technical plan and

clarity of vision of technical objectives.

(iv) Breadth of impact of

accomplishment of technical objectives.

(2) Commercial Benefits of the

Proposal (20 percent).

(i) Commercial potential of the

technology in the proposed venture.

(ii) Potential to improve U.S. and

Israeli economic growth and the

productivity of a broad spectrum of

industrial sectors or businesses within

an economically important single sector.

(iii) Timeliness of proposal (i.e. the

project results will not occur too late to

be competitively useful in the

marketplace).

(3) Commercialization Plans for the

Project (20 percent).

(i) Evidence that the participants will

pursue commercial application of the

technology including production and

distribution plans.

(ii) Project plan adequately addresses

technology transfer and ownership

requirements to assure prompt and

widespread use and protection of results

by participants and, as appropriate,

others;

(4) Qualifications of the Proposing

Organization(s) (15 percent).

(i) Quality and appropriateness of

proposer’s commercial and managerial

staffing, facilities, equipment, and other

resources to accomplish the proposed

program objectives.

(ii) Quality and appropriateness of the

technical staff to carry out the proposed

work program and to identify and

overcome technical barriers to meeting

project objectives.

(iii) For proposals involving

laboratory prototype development,

evidence of availability of adequate

design and manufacturing tools

appropriate to the prototype.

(5) Proposer’s Level of Commitment

and Organizational Structure (15

percent).

(i) Appropriateness of the structure of

the proposed organization in terms of

composition of participants (i.e. vertical

and/or horizontal integration) and

existing relationships among the parties.
16456 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

(ii) Level of commitment of proposers

as demonstrated by contribution of

personnel, equipment, facilities, and

matching funds.

(iii) Appropriate participation by U.S.

small businesses.

(iv) Evidence of a strong commitment

by applicants to complete and, if

appropriate, provide support for

continuation of the program beyond the

period of funding.

Selection Procedures

The selection process for awards is a

multi-step process based on the criteria

listed above.

• In the first step, called the

‘‘preliminary screening,’’

representatives from both governments

will review the applications and will

eliminate those that do not meet the

threshold Eligibility Requirements listed

above. Further disqualifications will be

made if the application is deemed to

have serious deficiencies in the

technical and/or business plan, if the

application does not fall within the

overall scope of the Program, or if the

application is more appropriately

funded by other U.S. or Israeli

government-funded research and

development efforts.

• In the second step, referred to as the

‘‘technical and business review,’’

applications are evaluated under the

preceding Evaluation Criteria.

Applications are rated as ‘‘not

recommended’’ or ‘‘recommended.’’

Applications must have high scientific

and technical merit to be recommended.

Only those applications rated as

‘‘recommended’’ are considered further.

Such applications are referred to as

‘‘semifinalists.’’ If a majority of either

country’s representatives rate an

application as ‘‘not recommended,’’ that

application will be disqualified.

• In the third step, referred to as

‘‘selection of finalists,’’ representatives

from both governments (‘‘the Joint

Panel’’) will prepare a final scoring and

ranking of recommended semifinalist

applications, based upon evaluative

criteria. A list of ranked finalists is then

submitted to each respective nation’s

Selection Official.

• In the final step, referred to as the

‘‘selection of awardees,’’ the Selection

Officials select funding recipients from

among the finalists, based upon the rank

order of the applications on the basis of

all Evaluation Criteria (see above),

assuring appropriate distribution of

funds among technologies, activities

and recipients, the availability of funds,

and upon a determination as to the

responsibility of the applicant. The

decision of the Selection Officials is

final. Applicants not chosen will be

notified.

• In the event that a U.S.-Israeli joint

venture is ranked as a finalist, but is

determined to contain weaknesses in its

structure or cohesiveness that may

substantially lessen the likelihood of the

proposed project’s success, the

applicant may be informed of the

deficiencies and negotiations may be

entered into with the applicant in an

effort to remedy the deficiencies. If

appropriate, funding up to 10% of the

amount originally requested by the

applicant, but no more than $100,000,

may be awarded by the Program to the

applicant to conduct a feasibility study.

If the Program determines within six

months that the organizational

deficiencies have been corrected, the

Program may award over the life of the

project the remaining funds requested

by that applicant to that applicant.

• The Program reserves the right to

negotiate with applicants selected to

receive awards over the cost and scope

of the proposed project, e.g., to add or

delete a task in order to improve the

probability of success.

Funding Logistics

Funding will be made directly to the

U.S.-based firm(s) that is/are party to the

U.S.-Israeli joint venture.

Rights to Inventions

The provisions of the Bayh-Dole Act

(35 U.S.C. 201, et seq., concerning

patent rights in inventions made with

Federal assistance) and the Government

Patent Policy set forth in President

Reagan’s memorandum to the heads of

Executive Departments and Agencies,

dated February 18, 1983, shall apply to

all Federally-funded research and

development activities performed under

this Program.

Other Requirements

(1) Federal Policies and Procedures—

Recipients and subrecipients are subject

to all Federal laws and Federal and

Department of Commerce policies,

regulations, and procedures applicable

to Federal financial assistance awards.

(2) Past Performance—Unsatisfactory

performance under prior Federal awards

may result in an application not being

considered for funding.

(3) Preaward Activities—If applicants

incur any costs prior to an award being

made they do so solely at their own risk

of not being reimbursed by the U.S.

Government. Notwithstanding any

verbal or written assurance that may

have been received, there is no

obligation on the part of the Department

of Commerce to cover preaward costs.

(4) No Obligation for Future

Funding—If an application is selected

for funding under the Program, there is

no obligation to provide any additional

future funding in connection with that

award. Renewal of an award to increase

funding or extend the period of

performance is at the total discretion of

the awarding entities. An annual review

of each award will be conducted to

determine the worthiness of continued

or additional future funding.

(5) Delinquent Federal Debts—No

award of Federal funds shall be made to

an applicant who has an outstanding

delinquent Federal debt until either:

i. The delinquent account is paid in

full,

ii. A negotiated repayment schedule is

established and at least one payment is

received, or

iii. Other arrangements satisfactory to

the Department of Commerce are made.

(6) Name Check Review. All

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.

(7) 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,’’ and the

following explanations are hereby

provided:

i. 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;

ii. Drug-Free Workplace. Funding

recipients (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;

iii. 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
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16457

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; and

iv. Anti-Lobbying Disclosures. Any

applicant or component entity thereof

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.

(8) Lower Tier Certifications.

Recipients shall require applicants/

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 the Department of Commerce. SF–

LLL submitted by any tier recipient or

subrecipient should be submitted to the

Department of Commerce in accordance

with the instructions contained in the

award document.

(9) False Statements. A false

statement on an application 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.

(10) Intergovernmental Review—

Applications under this program are not

subject to Executive Order 12372,

‘‘Intergovernmental Review of Federal

Programs.’’

(11) Purchase of American-Made

Equipment and Products—Applicants

are hereby notified that they will be

encouraged, to the greatest extent

practicable, to purchase American-made

equipment and products with funding

provided under this Program in

accordance with Congressional intent as

set forth in the resolution contained in

Public Law 103–317, sections 607(a)–

(b).

Dated: March 27, 1995.

Mary Lowe Good,

Under Secretary of Commerce for Technology,

Department of Commerce.

[FR Doc. 95–7800 Filed 3–29–95; 8:45 am]

BILLING CODE 3510–18–M

DEPARTMENT OF DEFENSE

Office of the Secretary of the Army

Notice of Availability of the Draft

Environmental Impact Statement for

Disposal and Reuse of Hamilton Army

Airfield, California

AGENCY: Department of the Army, DoD.

ACTION: Notice of availability.

SUMMARY: In compliance with the

National Environmental Policy Act and

the President’s Council on

Environmental Quality, the Army has

prepared a Draft Environmental Impact

Statement (DEIS) for disposal of certain

excess property at Hamilton Army

Airfield, California. The DEIS also

analyzes impacts on a range of potential

reuse alternatives.

Copies of the DEIS have been

forwarded to various Federal, state, and

local agencies, and certain other

interested organizations and

individuals.

DATES: Written public comments and

suggestions received within 45 days of

this Notice of Availability will be

considered in preparing the Final

Environmental Impact Statement and in

preparing a Record of Decision for the

Army action.

ADDRESSES: Copies of the Draft

Environmental Impact Statement can be

obtained by writing or calling Mr.

Robert Koenigs, Sacramento District,

U.S. Army Corps of Engineers, 1325 J

Street, 13th Floor, Sacramento, CA

95814–2922 or by calling (916) 557–

6712. Mr. Koenigs may also be reached

by fax at (916) 557–7876. Questions

about the DEIS and written comments

may be sent to the same address

Dated 27, 1995.

Lewis D. Walker,

Deputy Assistant Secretary of the Army

(Environment, Safety and Occupational

Health) OASA (IL&E).

[FR Doc. 95–7850 Filed 3–29–95; 8:45 am]

BILLING CODE 3710–08–M

Department of the Army

Corps of Engineers

Notice of Intent To Prepare a Draft

Environmental Impact Statement for

the Proposed Coos Bay-North Bend

Water Supply Project, Coos County,

Oregon

AGENCY: U.S. Army Corps of Engineers,

Portland District, DOD.

ACTION: Notice of intent.

SUMMARY: The proposed action is the

issuance of a Department of the Army

permit under Section 404 of the Clean

Water Act of 1977, as amended, and

Section 9 of the River and Harbor Act

of 1899 for the construction of a dam

and reservoir on Joe Ney Creek, and

raising of an existing dam on Upper

Pony Creek. Both projects would be

located in Coos County, Oregon, The

Coos Bay-North Bend Water Board is the

permit applicant, and is proposing this

action for the purpose of increasing the

municipal and industrial water supply

for its service area.

ADDRESSES: U.S. Army Corps of

Engineers, Portland District, P.O. Box

2496, Portland, Oregon 97208–2946.

FOR FURTHER INFORMATION CONTACT: Mr.

David Kurkoski, (503) 326–6094.

Internet address: david– kurkoski

@smtplink.npp.usace. army.mil.

SUPPLEMENTARY INFORMATION: The Coos

Bay-North Bend Water Board, Coos

County, Oregon has applied to the

Portland District, U.S. Army Corps of

Engineers for a Department of the Army

Permit under section 404 of the Clean

Water Act of 1977, as amended, and

Section 9 of the River and Harbor Act

of 1899. The proposed action is to

construct a new dam and reservoir on

Joe Ney Creek, and raise an existing dam

on Upper Pony Creek to increase the

storage capacity of the reservoir. The

purpose of the proposed action is to

increase municipal and industrial water

supply storage for the area serviced by

the Water Board.

Pony Creek

The existing Upper Pony Creek

Reservoir was created by a dam across

Pony Creek near the headwaters at

approximately River Mile (RM) 4.5). The

dam was constructed in 1951 to provide

water storage for the Water Board’s

service area. The proposed expansion

would involve raising the existing 45-

foot earthfill dam by 21.5 feet, to

increase reservoir storage capacity from

the existing 2,150 acre-feet to 6,250

acre-feet.

Joe Ney Creek

The existing reservoir on Joe Ney

Creek was created by a 9-foot=high

earthen dam constructed in 1947 at RM

1.5. The Water board proposes to build

a larger dam approximately 800 feet

upstream of the existing dam. the new

dam, which would be built to an

evaluation of 39 feet, would provide

storage for 2,500 acre-feet.

Operations

Both reservoirs would be operated by

the Water board for municipal and

industrial water supply. Water would be

pumped from Joe Ney Reservoir through