Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Notices 28851

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

26.105) 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, § 26.605) 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, 28.105) 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. SFLLL 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: June 3, 1996.

Donald L. Powers,

Federal Register Liaison Officer, Minority

Business Development Agency.

[FR Doc. 96–14301 Filed 6–5–96; 8:45 am]

BILLING CODE 3510–21–P

Minority Business Development

Centers; New York

AGENCY: Minority Business

Development Agency, Commerce.

ACTION: Notice; Solicitation of Business

Development Center Applications for

Bronx, Brooklyn, and Newark/Jersey

city.

SUMMARY: In accordance with Executive

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

Minority Business Development Agency

(MBDA) is soliciting competitive

applications from organizations to

operate the Minority Business

Development Centers (MBDC) listed in

this document.

The purpose of the MBDC Program is

to provide business development

assistance to persons who are members

of groups determined by MBDA to be

socially or economically disadvantaged,

and to business concerns owned and

controlled by such individuals. 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.

In accordance with the Interim Final

Policy published in the Federal Register

on May 31, 1996, the cost-share

requirement for the MBDCs listed in this

notice has been increased to 40%. The

Department of Commerce will fund up

to 60% of the total cost of operating an

MBDC on an annual basis. The MBDC

operator is required to contribute at

least 40% of the total project cost (the

‘‘cost-share requirement’’). Cost-sharing

contributions may be in the form of

cash, client fees, third party in-kind

contributions, non-cash applicant

contributions or combinations thereof.

In addition to the traditional sources of

an MBDC’s cost-share contribution, the

40% may be contributed by local, state

and private sector organizations. It is

anticipated that some organizations may

apply jointly for an award to operate the

center. For administrative purposes, one

organization must be designated as the

recipient organization.

DATES: The closing date for applications

for each MBDC is July 8, 1996.

ADDRESSES: Completed application

packages should be submitted to the

U.S. Department of Commerce, Minority

Business Development Agency, MBDA

Executive Secretariat, 14th and

Constitution Avenue, N.W., Room 5073,

Washington, D.C. 20230.

PRE-APPLICATION CONFERENCE: A preapplication conference will be held on

Thursday, June 13, 1996, from 10:00

a.m. to 3:00 p.m., at 26 Federal Plaza,

Room 1802, (Corner of Broadway and

Duane Street), New York, New York.

Any further information concerning this

conference may be obtained by calling

(212) 264–3262. Please be advised that

attendance at the pre-application

conference will require proper

identification for entrance into the

Federal building.

SUPPLEMENTARY INFORMATION: The

following are MBDCs for which

applications are solicited:

1. MBDC Application: Bronx

Metropolitan Area Serviced: Bronx,

New York

Award Number: 02–10–96003–01

FOR FURTHER INFORMATION AND AN

APPLICATION PACKAGE, CONTACT:

Heyward Davenport, Regional Director,

at (212) 264–3262 Contingent upon the

availability of Federal funds, the cost of

performance for the first budget period

(13 months) from October 1, 1996 to

October 30, 1997, is estimated at

$444,167. The total Federal amount is

$266,500 and is composed of $260,000

plus the Audit Fee amount of $6,500.

The application must include a

minimum cost share of 40%, $177,667

in non-federal (cost-sharing)

contributions for a total project cost of

$444,167.

2. MBDC Application: Brooklyn

Metropolitan Area Serviced:

Brooklyn, New York

Award Number: 02–10–96004–01

FOR FURTHER INFORMATION AND AN

APPLICATION PACKAGE, CONTACT:

Heyward Davenport, Regional Director,

at (212) 264–3262 Contingent upon the
28852 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Notices

availability of Federal funds, the cost of

performance for the first budget period

(13 months) from October 1, 1996 to

October 30, 1997, is estimated at

$486,875. The total Federal amount is

$292,125 and is composed of $285,000

plus the Audit Fee amount of $7,125.

The application must include a

minimum cost share of 40%, $194,750

in non-federal (cost-sharing)

contributions for a total project cost of

$486,875.

3. MBDC Application: Newark/Jersey

City

Metropolitan Area Serviced: Newark/

Jersey City, New Jersey

Award Number: 02–10–96005–01

FOR FURTHER INFORMATION AND AN

APPLICATION PACKAGE, CONTACT:

Heyward Davenport, Regional Director,

at (212) 264–3262 Contingent upon the

availability of Federal funds, the cost of

performance for the first budget period

(13 months) from October 1, 1996 to

October 30, 1997, is estimated at

$628,702. The total Federal amount is

$377,221 and is composed of $368,020

plus the Audit Fee amount of $9,201.

The application must include a

minimum cost share of 40%, $251,481

in non-federal (cost-sharing)

contributions for a total project cost of

$628,702.

Standard Paragraphs—The following

information and requirements are

applicable to the listed MBDCs: Bronx,

Brooklyn, and Newark/Jersey City.

The funding instrument for this

project will be a cooperative agreement.

If the recommended applicant is the

current incumbent organization, the

award will be for 12 months. 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). In accordance

with Interim Final Policy published in

the Federal Register on May 31, 1996,

the scoring system will be revised to

add ten (10) bonus points to the

application of community-based

organizations. Each qualifying

application will receive the full ten

points. Community-based applicant

organizations are those organizations

whose headquarters and/or principal

place of business within the last five

years have been located within the

geographic service area designated in

the solicitation for the award. Where an

applicant organization has been in

existence for fewer than five years or

has been present in the geographic

service area for fewer than five years,

the individual years of experience of the

applicant organization’s principals may

be applied toward the requirement of

five years of organization experience.

The individual years of experience must

have been acquired in the geographic

service area which is the subject of the

solicitation. 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 40% 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

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. Notwithstanding any other

provision of the law, no person is

required to respond to, nor shall any

person be subject to a penalty for failure

to comply with a collection of

information, subject to the requirements

of the PRA, unless that collection of

information displays a currently valid

OMB Control Number. 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
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Notices 28853

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

26.105) 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

26.605) 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 28.105) 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.

11.800 Minority Business

Development Center

(Catalog of Federal Domestic Assistance)

Dated: June 3, 1996.

Donald L. Powers,

Federal Register Liaison Officer, Minority

Business Development Agency.

[FR Doc. 96–14303 Filed 6–5–96; 8:45 am]

BILLING CODE 3510–21–P

National Institute of Standards and

Technology; Visiting Committee on

Advanced Technology Meeting

AGENCY: National Institute of Standards

and Technology, Department of

Commerce.

ACTION: Notice of partially closed

meeting.

SUMMARY: On May 13, 1996, a Notice of

Public Meeting was issued in the

Federal Register, Vol. 61, No. 93, which

due to exceptional circumstances as

described under Special Provisions of

41 CFR 101–6.1015(b)(2), will now be

partially closed. Pursuant to the Federal

Advisory Committee Act, 5 U.S.C. app.

2, notice is hereby given that the

National Institute of Standards and

Technology’s Visiting Committee on

Advanced Technology (NIST) will meet

on Tuesday, June 11, 1996, from 8:30

a.m. to 5:00 p.m., and on Wednesday,

June 12, 1996, from 8:30 a.m. to 9:30

a.m. The Visiting Committee on

Advanced Technology is composed of

fifteen members appointed by the

Director of the National Institute of

Standards and Technology who are

eminent in such fields as business,

research, new product development,

engineering, labor, education,

management consulting, environment,

and international relations. The purpose

of this meeting is to review and make

recommendations regarding general

policy for the Institute, its organization,

its budget, and its programs within the

framework of applicable national

policies as set forth by the President and

the Congress. On June 11, 1996, the

agenda will include strategic planning

for standards in trade; an update on

NIST programs by NIST Director

Prabhakar; presentations on Information

Technology and Biotechnology;

predictions about the future of the

internet; impact of advancing

technology on metrology needs; and a

laboratory tour. The presentation on

standards in trade strategic plan

scheduled to begin at 8:30 a.m. and end

at 9:45 a.m., on June 11, 1996, will be

closed. On June 12, 1996, the agenda

will include presentations on the ATP

Focused Program, Tools for DNA

Diagnostics and the Baldrige Pilot

Programs in Education and Health Care.

DATES: The meeting will convene June

11, 1996, at 8:30 a.m., and will adjourn

at 9:30 a.m. on June 12, 1996.

ADDRESSES: The meeting will be held in

the Employees Lounge (seating capacity

80, includes 38 participants),

Administration Building, at NIST,

Gaithersburg, Maryland.

FOR FURTHER INFORMATION CONTACT:

Chris E. Kuyatt, Visiting Committee

Executive Director, NIST, Gaithersburg,

Maryland 20899, telephone number

(301) 975–6090.

SUPPLEMENTARY INFORMATION: The

Assistant Secretary for Administration,

with the concurrence of the General

Counsel, formally determined on May

31, 1996, that portions of the meeting of

the Visiting Committee on Advanced

Technology which involve discussion of

concerns of planning for standards in

national and international trade,

including proposed funding levels and

administration of the plan may be

closed in accordance with 5 U.S.C.

552b(c)(9)(B). The exceptional

circumstances which require closure

with less than 15 days notice of the

presentation on standards in trade

strategic plan are policy decisions

which have required alteration of the

plan.

Dated: June 3, 1996.

Robert E. Hebner,

Acting Deputy Director.

[FR Doc. 96–14253 Filed 6–5–96; 8:45 am]

BILLING CODE 3510–13–M

National Oceanic and Atmospheric

Administration

Basic Requirements For All Marine

Mammal Special Exception Permits To

Take, Import and Export Marine

Mammals

ACTION: Proposed collection; comment

request.

SUMMARY: The Department of

Commerce, as part of its continuing

effort to reduce paperwork and