[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Notices]
[Pages 33920-33924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16681]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration on Aging
[Program Announcement 13655.892]


Grants for Supportive and Nutritional Services to Older Native 
Hawaiians

AGENCY: Administration on Aging (AoA), Office of the Secretary, Health 
and Human Services.

ACTION: Announcement of availability of funds and opportunity to apply 
under the Older Americans Act (Act), Title VI, Grants for Native 
Americans, part B--Native Hawaiian Program.

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SUMMARY: The AoA will accept applications for funding in fiscal year 
1996 under the Act, Title VI, Grants for Native Americans, part B--
Native Hawaiian Program.

DATES: August 30, 1996.

ADDRESSES: Applicants must be sent to the Department of Health and 
Human Services, Administration on Aging, Margaret Tolson, Director, 
Grants Management Division, 330 Independence Avenue, SW, Washington, DC 
20201.

FOR FURTHER INFORMATION CONTACT: M. Yvonne Jackson, Director, Office 
for American Indian, Alaskan Native, and Native Hawaiian Programs, 
Administration on Aging, Department of Health and Human Services, 
Wilbur J. Cohen Federal Building, Room 4257, 330 Independence Avenue, 
SW, Washington, DC 20201, (202) 619-2713.

SUPPLEMENTRY INFORMATION:

1. Background and Program Purpose

    The AoA is responsible for administering the Act which provides for 
the delivery of supportive and nutritional services to older Americans 
who are 60 years of age or older. The Act Amendments of 1987 
established part B, under title VI of the Act, for the

[[Page 33921]]

provision of supportive and nutrition services to Native Hawaiian 
elders who are 60 years of age or older.
    The Act provides that a public or nonprofit private organization 
having the capacity to provide services for Native Hawaiians is 
eligible for assistance under Title VI, part B, if the organization 
will serve at least 50 Native Hawaiian individuals who attained 60 
years of age or older, and the organizational demonstrate the ability 
to deliver supportive services and nutrition services.
    For the purposes of Title VI, part B, the term ``Native Hawaiian'' 
means an individual any of whose ancestors were natives of the area 
which consists of the Hawaiian Islands prior to 1778.
    Nutritional services, and information and assistance services, are 
required by the Act. Nutritional services include congregate meals and 
home-delivered meals. Supportive services include information and 
assistance, transportation, chore services, and other Native Hawaiians. 
The information and assistance services must be available for older 
Native Hawaiians living in the geographic boundaries of the Title VI, 
part B, service area proposed by the applicant organization and 
approved by the Assistant Secretary for Aging.
    Organizations receiving funds to provide services to older Native 
Hawaiians shall assure that all activities will be conducted in close 
coordination with the State Agency and the Area Agency on Aging.

2. Eligibility and Funding Information

    Public or private nonprofit organization having the capacity to 
provide services for Native Hawaiians is eligible to receive a grant 
only if the organization will serve at least 50 Native Hawaiians who 
have attained 60 years of age or older, and the organization 
demonstrates the ability to deliver supportive and nutritional 
services.

3. Available Funds

    Funds for fiscal year 1996 will be approximately $1,600,000. The 
amounts awarded will include funds for both direct and indirect costs.
    For grants make in fiscal year 1996, the budget period will be one 
year, September 30, 1996, through September 29, 1997. The project 
period will be for three years, September 30, 1996, through September 
29, 1999.

4. Application Process

    Applicants should submit applications, describing their proposed 
plans for nutritional and supportive services for older Native 
Hawaiians for project period September 30, 1996, through September 29, 
1999, as described in Section 5 below, ``Content of the Application.''
    A three-year project period was chosen in order to reduce the 
paperwork burden on the grantees. It is the intent of this agency to 
conduct on-site monitoring at least once during the three-year project 
period.
    The Program Performance and Financial Status reports, due on a 
semi-annual basis, will be reviewed for compliance with the program 
regulations. Failure to submit the required reports during the project 
period may result in loss of future funds, and possibly termination of 
the grant within the project period. Thirty days prior to the end of 
each budget period, within the three-year project period, grantees 
shall notify AoA as to their desire to continue as a grantee. Failure 
to submit this documentation within the required time frame may result 
in loss of grant funding. At the beginning of each budget period, 
within the three-year project period, grantees will be notified of the 
funding level for the subsequent year.
    One original application, signed by the project director, and two 
copies of the complete application including all attachments, must be 
submitted to the Administration on Aging, Grants Management Division, 
Margaret Tolson, Director, 330 Independence Ave., SW, Washington, DC 
20201. Incomplete applications will not be considered for funding.

5. Content of the Application

    The application must meet the criteria in section 624(a) of the 
Act, and Title 45 of the Code of Federal Regulations, Sec. 1328.19. The 
application may be presented in any format selected by the applicant. 
No standard federal forms are required. Contact Percy Devine, Bi-
Regional Administrator, 50 United Nations Plaza, Room 480, San 
Francisco, CA 94102, telephone number (415) 437-8780 if you have 
questions concerning the content of the application. The application 
must include the following information:

A. Objectives and Need for Assistance

    This section must include objectives, expressed in measurable 
terms, which are related to the current nutrition and supportive 
service needs of the service population. This section must also include 
a discussion of how the needs were evaluated.

B. Results or Benefits Expected

    The application should describe the results or benefits expected 
from each service proposed.

C. Approach

(1) Description and Method of Delivery of Each Service
    (a) Nutrition--Nutrition services are required. There should be a 
description of the methods, facilities, and staff to be used in 
preparing, serving, and delivering meals, and the estimated number of 
persons to be served. The nutrition services provided, either directly 
or by way of a grant or contract, must be substantially in compliance 
with the provisions of part C, Title III, which include:
    1. Provide at least one hot or other appropriate meal a day, five 
or more days a week in a congregate setting, and any additional meals 
which the recipient of a grant may elect to provide. A ``meal'', as 
used in section 307(a)(13), 308(b)(7), 311(a)(4), 331(1), 336, 
338(a)(1), and 339, 339A of the Act and Sec. 1321.17, Sec. 1321.59 and 
Sec. 1321.64, is a planned event in a day at which a variety of 
prepared foods are provided to an individual. These foods shall comply 
with the U.S. Dietary Guidelines for Americans, published by the 
Secretary of the Department of Health and the Secretary of the 
Department of Agriculture, and provide the nutrients specified in the 
current, daily Recommended Dietary Allowances, as established by the 
Food and Nutrition Board of the National Research Council of the 
National Academy of Sciences, as specified in Section 339(2) unless the 
meal is a special meal provided to meet the health, religious, or 
ethnic considerations of eligible individuals. Snacks, partial meals, 
and second helpings are not considered meals.
    2. Provide at least one home delivered hot, cold, frozen, dried, 
canned, or supplemental food (with a satisfactory storage life) meal 
per day, file or more days a week, and any additional meals which the 
recipient of a grant may elect to provide. The above definition of a 
meal also applies here. Thus neither individual grocery items nor food 
vouchers may be used in lieu of home delivered meals.
    If no Title VI, part B, funds are to be used for nutrition 
services, the application must state how such services are provided in 
other ways, and how they are financed.
    (b) Information and Assistance--Information and assistance services 
are required. They must be available for older Native Hawaiians living 
in the Title VI, part B, service area and there should be a description 
of what information and assistance services will be provided and how 
they will be provided. The estimated number of individuals to be served 
should be

[[Page 33922]]

stated. If no Title VI, part B, funds are to be used for information 
and assistance services, the application must state how such services 
are provided in other ways, and how they are financed.
    (c) Other Supportive Services--The application must describe any 
other supportive services to be provided wholly or partly by Title VI, 
part B, funds. The description should include what supportive services 
will be provided and how they will be provided. The estimated number of 
persons to be served by each service should be stated.
    Legal assistance and ombudsman services may be provided, but are 
not required. However, if provided, they should be included under 
``Supportive Services.''
    If the applicant agency elects to provide legal services, it must 
substantially comply with the requirements in Title 45 of the Code of 
Federal Regulations Sec. 1321.71, and all legal assistance providers 
must comply fully with the requirements in Sec. 1321.71(d) through 
Sec. 1321.71(k).
    Transportation of persons to nutrition sites or other places is a 
part of ``Supportive Services.''
    (d) Coordination with Title III--The application should provide a 
description of how Title VI and Title III resources are to be 
coordinated within the Title VI service area, including information and 
assistance service.
(2) Evaluation Criteria
    The application must discuss the criteria to be used to evaluate 
the results and successes of the program, based on the objective 
indicated in Item A above. It will also explain the methodology that 
will be used to determine if the needs identified and discussed are 
being met, and if the results and benefits identified in item B above 
are being achieved.

D. Geographic Location

    The application must include a narrative description of the Title 
VI, part B, service area, and a map with the service area identified. 
The area to be served by Title VI, part B, must have clear geographic 
boundaries. There is no prohibition, however, on its overlapping with 
areas served by Title III.

E. Additional Information

(1) Program Assurances
    Title VI, part B, Program Assurances must be included in the 
application. The Title VI, part B, Program Assurances are those 
provisions identified in section 624(a) of the Act, and in Title 45 of 
the Code of Federal Regulations Sec. 1328.19(d), issued August 31, 1988 
(see Appendix A). The public or nonprofit private organization must 
state that it agrees to abide by all the provisions for the entire 
project period being applied for in fiscal year 1996.
    Copies of the Title III and Title VI current law and regulations, 
and of part 92, may be obtained from the Bi-Regional Administrator for 
the AoA.
(2) Certification Forms
    Certifications are required of the applicant regarding (a) 
lobbying; (b) debarment, suspension, and other responsibility matters; 
and (c) drug-free workplace requirements. Please note that a duly 
authorized representative of the applicant organization must attest to 
the applicant's compliance with these certifications.
(3) Identifying Information
    Applications must identify the project director: Name, Title, 
Address including Zip Code, Telephone Number, and if available, the FAX 
number. The organization's EIN (Employer Identification Number) must 
also be included.

6. Closing Date for Application

    To be eligible for consideration, applications must be received or 
postmarked on or before (60 days from date of publication). (Applicants 
are cautioned to request a legibly dated U.S. Postal Service postmark, 
or to obtain a legibly dated receipt from a commercial carrier or the 
U.S. Postal Service, private metered postmarks are not acceptable as 
proof of timely mailing.)

7. Action on Applications

    Awards will be made by the Assistant Secretary of Aging. Funding 
decisions will be announced as soon as possible.
    Catalog of Federal Domestic Assistance Program #93.655 Grants to 
Indian Tribes and Native Hawaiians. This Program Announcement is not 
subject to E.O. 12372.
Fernando M. Torres-Gil,
Assistant Secretary for Aging.

Program Assurances

    The Older Americans Act, section 624(a), provides that no grant may 
be made under this part unless the public or nonprofit private 
organization submits an application to the Assistant Secretary for 
Aging which meets such criteria as the Assistant Secretary for Aging 
may by regulation prescribe. Each such application shall:
    (1) provide that the organization will evaluate the need for 
supportive and nutrition services among older Native Hawaiians to be 
represented by the organization;
    (2) provide for the use of such methods of administration as are 
necessary for the proper and efficient administration of the program to 
be assisted;
    (3) provide assurances that the organization will coordinate its 
activities with the State Agency on Aging;
    (4) provide that the organization will make such reports in such 
form and containing such information as the Assistant Secretary for 
Aging may reasonably require, and comply with such requirements as the 
Assistant Secretary for Aging may impose to ensure that correctness of 
such reports;
    (5) provide for periodic evaluation of activities and projects 
carried out under the application;
    (6) establish objectives, consistent with the purpose of this 
title, toward which activities described in the application will be 
directed, identify obstacles to the attainment of such objectives, and 
indicate the manner in which the organization proposes to overcome such 
obstacles;
    (7) provide for establishing and maintaining information and 
assistance services to assure that older Native Hawaiians, to be served 
by the assistance made available under this part, will have reasonably 
convenient access to such services;
    (8) provide a preference for Native Hawaiians 60 years of age and 
older for full- or part-time staff positions wherever feasible;
    (9) provide that any legal or ombudsman services made available to 
older Native Hawaiians, represented by the public or nonprofit private 
organization, will be substantially in compliance with the provisions 
of Title III relating to the furnishing of similar services; and
    (10) provide satisfactory assurance that the fiscal control and 
fund accounting procedures will be adopted as may be necessary to 
assure proper disbursement of, and accounting for, federal funds paid 
under this part to the public or nonprofit private organization, 
including any funds paid by the organization to a recipient of a grant 
or contract.
    45 CFR 1328.19(d) requires that the application shall provide for 
assurances as prescribed by the Assistant Secretary for Aging that:
    (1) The eligible organization represents at least 50 older Native 
Hawaiians who have attained 60 years of age or older;
    (2) The eligible organization shall conduct all activities, on 
behalf of older Native Hawaiians, in close coordination

[[Page 33923]]

with the State Agency and Area Agency on Aging;
    (3) The eligible organization shall comply with all applicable 
state and local license and safety requirements for the provision of 
those services;
    (4) The eligible organization shall ensure that all services under 
this part are provided without use of any means tests;
    (5) The eligible organization shall comply with all requirements 
set forth in Sec. 1328.7 through Sec. 1328.17; and
    (6) The services provided under this part will be coordinated, 
where applicable, with services provided under Title III of the Act;
    (7) Signature of the principal official of the eligible 
organization.

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Certification Regarding Drug-Free Workplace Requirements Grantees Other 
Than Individuals

    By signing and/or submitting this application or grant 
agreement, the grantee is providing the certification set out below.
    This certification is required by regulations implementing the 
Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. The 
regulations, published in the May 25, 1990 Federal Register, require 
certification by grantees that they will maintain a drug-free 
workplace. The certification set out below is a material 
representation of fact upon which reliance will be placed when the 
Department of Health and Human Services (HHS) determines to award 
the grant. If it is later determined that the grantee knowingly 
rendered a false certification, or otherwise violates the 
requirements of the Drug-Free Workplace Act, HHS, in addition to any 
other remedies available to the Federal Government, may take action 
authorized under the Drug-Free Workplace Act. False certification or 
violation of the certification shall be grounds for suspension of 
payments, suspension or termination of grants, or government wide 
suspension or debarment.
    Workplaces under grants, for grantees other than individuals, 
need not be identified on the certification. If known, they may be 
identified in the grant application. If the grantee does not 
identity the workplaces at the time of application, or upon award, 
if there is no application, the grantee must keep the identity of 
the workplace(s) on file in its office and make the information 
available to Federal inspection. Failure to identify all known 
workplaces constitutes a violation of the grantee's drug-free 
workplace requirements.
    Workplace identifications must include the actual address of 
buildings (or parts of buildings) or other sites where work under 
the grant takes place. Categorical descriptions may be used (e.g., 
all vehicles of a mass transit authority or State highway department 
while in operation, State employees in each local unemployment 
office, performers in concert halls or radio studios.)
    If the workplace identified to HHS changes during the 
performance of the grant, the grantee shall inform the agency of the 
change(s), if it previously identified the workplaces in question 
(see above).
    Definitions of terms in the Nonprocurement Suspension and 
Debarment common rule and Drug-Free Workplace common rule apply to 
this certification. Grantees' attention is called, in particular, to 
the following definitions from these rules:
    ``Controlled substance'' means a controlled substance in 
Schedules I through V of the Controlled Substances Act (21 U.S.C. 
812) and as further defined by regulation (21 CFR 1308.11 through 
1308.15).
    ``Conviction'' means a finding of guilt (including a plea of 
nolo contendere) or imposition of sentence, or both, by any judicial 
body charged with the responsibility to determine violations of the 
Federal or State criminal drug statutes;
    ``Criminal drug statute'' means a Federal or non-Federal 
criminal statute involving the manufacture, distribution, 
dispensing, use, or possession of any controlled substance;
    ``Employee'' means the employee of a grantee directly engaged in 
the performance of work under a grant, including (i) All ``direct 
charge'' employees; (ii) all ``indirect charge'' employees unless 
their impact or involvement is insignificant to the performance of 
the grant; and, (iii) temporary personnel and consultants who are 
directly engaged in the performance of work under the grant and who 
are on the grantee's payroll. This definition does not include 
workers not on the payroll of the grantee (e.g., volunteers, even if 
used to meet a matching requirement; consultants or independent 
contractors not on the grantee's payroll' or employees of 
subrecipients or subcontractors in covered workplaces).
    The grantee 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 ongoing drug-free awareness program to 
inform employees about:
    (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 or a 
criminal drug statute occurring in the workplace no later than five 
calendar days after such conviction;
    (e) Notifying the agency in writing, within ten calendar days 
after receiving notice under subparagraph (d)(2) form an employee or 
otherwise receiving actual notice of such conviction. Employers of 
convicted employees must provide notice, including position title, 
of every grant officer or other designee on whose grant activity the 
convicted employee was working unless the Federal agency has 
designated a central point for the receipt of such notices. 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).
    The grantee may insert in the space provided below the site(s) 
for the performance work done in connection with the specific grant 
(Use Attachments, if needed):
    Place of Performance (Street address, City, County, State, ZIP 
Code) ________________
    Check __ If there are workplaces on file that are not identified 
here. Sections 76.630(c) and (d)(2) and 76.635 (a)(1) and (b) 
provide that a Federal agency may designate a central receipt point 
for STATE-WIDE AND STATE AGENCY-WIDE certifications, and or 
notification of criminal drug convictions. For the Department of 
Health and Human Services, the central receipt point is: Division of 
Grants Management and Oversight, Office of Management and 
Acquisition, Department of Health and Human Services, Room 517-D, 
200 Independence Avenue, SW., Washington, DC 20201.

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Certification Regarding Debarment, Suspension, and Other Responsibility 
Matters--Primary Covered Transactions

    By signing and submitting this proposal, the applicant, defined 
as the primary participant in accordance with 45 CFR Part 76, 
certifies to the best of its knowledge and belief that its 
principals involved:
    (a) are not presently debarred, suspended, proposed for 
debarment, declared ineligible, or voluntarily excluded from covered 
transactions by any Federal department of agency;

[[Page 33924]]

    (b) have not within a 3-year period preceding this proposal 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, forger, bribery, falsification or destruction 
of records, making false statement, or receiving stolen property;
    (c) are not presently indicted or otherwise criminally or 
civilly charged by a government 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 3-year period preceding this application/
proposal had one or more public transactions (Federal, State, or 
local) terminated for cause or default.
    The inability of a person to provide the certification required 
above will not necessarily result in denial of participation for 
this covered transaction. If necessary, the prospective participant 
shall submit an explanation of why it cannot provide the 
certification. The certification or explanation will be considered 
in connection with the Department of Health and Human Services (HHS) 
determination whether to enter into this transaction. However, 
failure of the prospective primary participant to furnish a 
certification or an explanation shall disqualify such person from 
participation in this transaction.
    The prospective primary participant agrees that by submitting 
this proposal, it will include the clause entitled ``Certification 
Regarding Debarment, Suspension, Ineligibility, and Voluntary 
Exclusion--Lower Tier Covered Transactions'', provided below, 
without modification in all lower tier covered transactions and in 
all solicitations for lower tier covered actions.
    CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND 
VOLUNTARY EXCLUSION--LOWER TIER COVERED TRANSACTIONS (To Be Supplied 
to Lower Tier Participants).
    By signing and submitting this lower tier proposal, the 
prospective lower tier participant, as defined in 45 CFR Part 76, 
certifies to the best of its knowledge an belief that it and its 
principals:
    (a) Are not presently debarred, suspended, proposed for 
debarment, declared ineligible, or voluntarily excluded from 
participation in this transaction by any Federal Department of 
agency.
    (b) Where the prospective lower tier participant is unable to 
certify to any of the above, such prospective participant shall 
attach an explanation to this proposal.
    The prospective lower tier participant further agrees by 
submitting this proposal that it will include this clause entitled 
``Certification regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusions--Lower Tier Covered Transactions'' without 
modification in all lower tier covered transactions and in all 
solicitations for lower tier covered transactions.

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Certification Regarding Lobbying

Certification for Contracts, Grants, Loans, and Cooperative 
Agreements

    The undersigned certifies, to the best of his or her knowledge 
and belief, that;
    (1) 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 awarding 
of any Federal contract, the making of any Federal grant, the making 
of any Federal loan, the entering into of any cooperative agreement, 
and the extension, continuation, renewal, amendment, or modification 
of any Federal contract, grant, loan, or cooperative agreement.
    (2) 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 contract, grant 
loan or cooperative agreement, the undersigned shall complete and 
submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in 
accordance with its instruction.
    (3) The undersigned shall require that the language of this 
certification be included in the award documents for all subawards 
at all tiers (including subcontracts, subgrants, and contracts under 
grants, loans, and cooperative agreements) and that all 
subrecipients shall certify and disclose accordingly.
    This certification is a material representation of fact upon 
which reliance was placed when this transaction was made or entered 
into. Submission of this certification is a prerequisite for making 
or entering into this transaction imposed by section 1352, title 31, 
U.S. Code. Any person who fails to file the required certification 
shall be subject to a civil penalty of not less than $10,000 and not 
more than $100,000 for each such failure.

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Organization

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Authorized Signature  Title  Date

    Note: If disclosure Forms are required, please contact: Mr. 
William Sexton, Deputy Director, Grants and Contracts Management 
Division, Room 341F, HHH Building, 200 Independence Avenue, SW., 
Washington, D.C. 20201-0001.

[FR Doc. 96-16681 Filed 6-28-96; 8:45 am]
BILLING CODE 4130-01-M