[Federal Register Volume 74, Number 103 (Monday, June 1, 2009)]
[Notices]
[Pages 26206-26209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12665]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number: 090306281-9287-01]


Recovery Act Measurement Science and Engineering Research 
Fellowship Program

AGENCY: National Institute of Standards and Technology, Commerce.

ACTION: Notice.

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SUMMARY: The National Institute of Standards and Technology (NIST) is 
establishing a financial assistance program for awardees to develop and 
implement with NIST a measurement science and engineering fellowship 
program as part of NIST's activities implementing the American Recovery 
and Reinvestment Act of 2009 (ARRA, or Recovery Act), Pub. L. 111-5, 
123 Stat. 115. The fellowship program is intended to promote training 
and practical experience in science and engineering, and to advance 
NIST's mission to promote U.S. innovation and industrial 
competitiveness by advancing measurement science, standards, and 
technology in ways that enhance economic security and improve our 
quality of life.

DATES: All applications must be received no later than 3 p.m. Eastern 
Daylight Saving Time on Monday, July 27, 2009. Late applications will 
not be reviewed or considered.

ADDRESSES: Proposals may be submitted in hard copy or in electronic 
format. Hard copy proposals may be submitted to Dr. Jason Boehm, 
National Institute of Standards and Technology, 100 Bureau Drive, Stop 
1060, Gaithersburg, MD 20899-1060. Electronic proposals may be uploaded 
to http://www.Grants.gov.

FOR FURTHER INFORMATION CONTACT: For complete information about this 
program and instructions for applying by paper or electronically, read 
the Federal Funding Opportunity (FFO) Notice at http://www.grants.gov. 
A paper copy of the FFO may be obtained by calling (301) 975-5718. 
Technical questions should be addressed to Dr. Jason Boehm at the 
address listed in the ADDRESSES section above, or at Tel: (301) 975-
8678; E-mail: <a href="/cdn-cgi/l/email-protection#147e75677b7a3a767b717c79547a7d67603a737b62"><span class="__cf_email__" data-cfemail="016b60726e6f2f636e64696c416f6872752f666e77">[email protected]</span></a>; Fax: (301) 216-0529. Grants 
Administration questions should be addressed to Grants and Agreements 
Management Division, National Institute of Standards and Technology, 
100 Bureau Drive, Stop 1650, Gaithersburg, MD 20899-1650; Tel: (301) 
975-5718; E-mail: <a href="/cdn-cgi/l/email-protection#2a4d584b445e596a4443595e044d455c"><span class="__cf_email__" data-cfemail="d7b0a5b6b9a3a497b9bea4a3f9b0b8a1">[email protected]</span></a>; Fax: (301) 840-5976. For assistance 
with using Grants.gov contact <a href="/cdn-cgi/l/email-protection#f2818782829d8086b29580939c8681dc959d84"><span class="__cf_email__" data-cfemail="70030500001f0204301702111e04035e171f06">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

    Authority: 15 U.S.C. 272(b) and (c), 15 U.S.C. 278g-1(a),(b), 15 
U.S.C. 278(h), Public Law 111-5, 123 Stat. 115.

    Catalog of Federal Domestic Assistance Name and Number: Measurement 
and Engineering Research and Standards--11.609.
    Program Description: The primary program objectives of the NIST 
Recovery Act Measurement Science and Engineering Fellowship Program 
are:
    1. To provide opportunities for scientists and engineers in 
training to perform research in broad areas of measurement science at 
NIST through research fellowships called Research Training Fellowships. 
Research Training Fellowships will be offered to qualified 
undergraduate students and graduate students at U.S. universities and 
colleges, and to postdoctoral researchers, in fields of science and 
engineering that contribute to NIST's measurement science programs.
    2. To provide opportunities for practicing scientists and engineers 
in the public and private sectors to perform research in broad areas of 
measurement science at NIST through research fellowships called Senior 
Research Fellowships. Senior Research Fellowships will be offered to 
qualified scientists and engineers working at U.S. private firms, U.S. 
non-profit organizations, U.S. universities and colleges, and other 
organizations in fields of science and engineering that contribute to 
NIST's measurement science programs.
    NIST intends this financial assistance program to address both 
types of opportunities listed above through a single cooperative 
agreement, or through more than one cooperative agreement.
    Through the cooperative agreement(s), the program will advance 
purposes established in Section 3 of the Recovery Act by creating jobs, 
promoting economic recovery, providing investments needed to increase 
economic efficiency by spurring technological advances in science, and 
by making investments in areas of research that will provide long-term 
economic benefits.
    NIST performs a broad range of research, measurements, modeling, 
and other activities to support its broad measurement science and 
engineering programs in ten operating units comprising the NIST 
laboratories. Further details about this program may be found in the 
Federal Funding Opportunity announcement for this program.
    Funding Availability: The funding instrument used in this program 
will be a cooperative agreement. Proposals will be considered for 
cooperative agreements with durations between one and three years, 
subject to the availability of funds, satisfactory progress, and the 
continuing relevance to the objectives of NIST. The anticipated level 
of funding is up to $20,000,000 ($20 million) total for the fellowships 
program for up to three years. NIST anticipates making one to five 
awards. Projects are expected to start by January 2010.
    NIST will determine whether to fund one award for the full amount; 
to divide available funds into multiple awards of any size, and 
negotiate scopes of work and budgets as appropriate; or not to select 
any proposal for funding, upon completing the selection process 
described below.
    Cost Share Requirements: None.
    Eligibility: This program is open to U.S. institutions of higher 
education; U.S. hospitals; U.S. non-profit organizations; U.S. 
commercial organizations; state, local, and Indian tribal governments.

[[Page 26207]]

Evaluation Criteria

    The applications will be evaluated and scored on the basis of the 
following evaluation criteria:
    1. Technical merit of the proposal: Assesses whether the proposal 
accurately addresses the program goals and objectives. (40 pts)
    2. Overall qualifications of the applicant: This assesses whether 
the applicant possesses the necessary education, experience, training, 
facilities, and administrative resources to accomplish the project. (30 
pts)
    3. Project costs: The proposal budget is evaluated to determine if 
it is realistic and commensurate with the project needs and time-frame. 
(30 pts)

Selection Factors

    The Selecting Official shall recommend award based upon the rank 
order and recommendations of the reviewers and upon one or more of the 
following selection factors:
    a. Availability of Federal funds;
    b. Redundancy;
    c. Balance/distribution of funds to ensure fellowship opportunities 
for all types of fellowships and scientific research areas described in 
the Federal Funding Opportunity for this program;
    d. Logistical concerns that would be detrimental to the success or 
timely completion of the proposal objectives; and
    e. Applicant's prior award performance.
    Therefore, the highest scoring proposals may not necessarily be 
selected for an award. If an award is made to an applicant that 
deviates from the scores of the reviewers, the Selecting Official will 
justify the selection in writing based on selection factors described 
above.

Review and Selection Process

    Initial Screening of all Applications: All timely submitted 
applications received in response to this announcement will be reviewed 
to determine whether they are complete and responsive to the scope of 
the stated objectives of the Program. Incomplete or non-responsive 
applications will not be reviewed for technical merit. NIST will retain 
one copy of each incomplete or non-responsive application for three 
years for record keeping purposes. The remaining copies will be 
destroyed.
    Each complete and responsive application will be reviewed by at 
least three independent, objective NIST employee reviewers, who are 
knowledgeable in the subject matter of this announcement and its 
objectives and who are able to conduct a review based on the evaluation 
criteria as described in this notice. The reviewers will reach a 
consensus score resulting in a rank order of applications and make 
recommendations for funding to the Selecting Official. In making final 
selections, the Selecting Official (Chief Scientist, NIST) will select 
funding recipients based upon the rank order of the proposals and the 
selection factors. The final award of cooperative agreements will be 
made by the NIST Grants Officer in Gaithersburg, Maryland, based on 
compliance with application requirements as published in this notice, 
compliance with applicable legal and regulatory requirements, and 
whether the recommended applicants are determined to be responsible. 
Unsatisfactory performance on any previous Federal award may result in 
an application not being considered for funding. Applicants may be 
asked to modify objectives, work plans, or budgets, and provide 
supplemental information required by the agency prior to award. The 
decision of the Grants Officer is final.
    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements: The Department of Commerce Pre-Award 
Notification Requirements for Grants and Cooperative Agreements, which 
are contained in the Federal Register Notice of February 11, 2008 (73 
FR 7696), are applicable to this solicitation. On the form SF-424, the 
applicant's 9-digit Dun and Bradstreet Data Universal Numbering System 
(DUNS) number must be entered in item 8.c. Organizational DUNS. The 
DUNS number provided MUST be the DUNS number for the entity within the 
applying institution that will be responsible for drawing down funds 
from the Automated Standard Application for Payment System (ASAP). 
Institutions that provide incorrect DUNS numbers may experience 
significant delays in receiving funds.
    Collaborations with NIST Employees: All applications should include 
a description of any work proposed to be performed by an entity other 
than the applicant, and the cost of such work should ordinarily be 
included in the budget.
    If an applicant proposes collaboration with NIST, the statement of 
work should include a statement of this intention, a description of the 
collaboration, and prominently identify the NIST employee(s) involved. 
Any collaboration by a NIST employee must be approved by appropriate 
NIST management and is at the sole discretion of NIST. Prior to 
beginning the merit review process, NIST will verify the approval of 
the proposed collaboration. Any unapproved collaboration will be 
stricken from the proposal prior to the merit review.
    Use of NIST Intellectual Property: If the applicant anticipates 
using any NIST-owned intellectual property to carry out the work 
proposed, the applicant should identify such intellectual property. 
This information will be used to ensure that no NIST employee involved 
in the development of the intellectual property will participate in the 
review process for that competition. In addition, if the applicant 
intends to use NIST-owned intellectual property, the applicant must 
comply with all statutes and regulations governing the licensing of 
Federal government patents and inventions, described at 35 U.S.C. 200-
212, 37 CFR part 401, 15 CFR 14.36, and in Section B.21 of the 
Department of Commerce Pre-Award Notification Requirements 73 FR 7696 
(February 11, 2008). Questions about these requirements may be directed 
to the Office of the Chief Counsel for NIST, 301-975-2803.
    Any use of NIST-owned intellectual property by a proposer is at the 
sole discretion of NIST and will be negotiated on a case-by-case basis 
if a project is deemed meritorious. The applicant should indicate 
within the statement of work whether it already has a license to use 
such intellectual property or whether it intends to seek one.
    If any inventions made in whole or in part by a NIST employee arise 
in the course of an award made pursuant to this notice, the United 
States government, acting through NIST, may retain its ownership rights 
in any such inventions. Disposition of NIST's retained rights in such 
inventions will be determined solely by NIST, and may include, but is 
not limited to, the grant of a license(s) to parties other than the 
applicant to practice such inventions, or placing NIST's retained 
rights into the public domain.
    Collaborations Making Use of Federal Facilities: All applications 
should include a description of any work proposed to be performed using 
Federal facilities. If an applicant proposes use of NIST facilities, 
the statement of work should include a statement of this intention and 
a description of the facilities. Any use of NIST facilities must be 
approved by appropriate NIST management and is at the sole discretion 
of NIST. Prior to beginning the merit review process, NIST will verify 
the availability of the facilities and approval of the proposed usage.

[[Page 26208]]

Any unapproved facility use will be stricken from the proposal prior to 
the merit review. Examples of some facilities that may be available for 
collaborations are listed on the NIST Technology Services Web site, 
http://ts.nist.gov/.
    Paperwork Reduction Act: The standard forms in the application kit 
involve a collection of information subject to the Paperwork Reduction 
Act. The use of Standard Forms 424, 424A, 424B, SF-LLL, and CD-346 have 
been approved by OMB under the respective Control Numbers 0348-0043, 
0348-0044, 0348-0040, 0348-0046, and 0605-0001.
    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 subject to the requirements of 
the Paperwork Reduction Act, unless that collection of information 
displays a currently valid OMB Control Number.
    Research Projects Involving Human Subjects, Human Tissue, Data or 
Recordings Involving Human Subjects: Any proposal that includes 
research involving human subjects, human tissue, data or recordings 
involving human subjects must meet the requirements of the Common Rule 
for the Protection of Human Subjects, codified for the Department of 
Commerce at 15 CFR part 27. In addition, any proposal that includes 
research on these topics must be in compliance with any statutory 
requirements imposed upon the Department of Health and Human Services 
(DHHS) and other federal agencies regarding these topics, all 
regulatory policies and guidance adopted by DHHS, the Food and Drug 
Administration, and other Federal agencies on these topics, and all 
Presidential statements of policy on these topics.
    NIST will accept the submission of proposals containing research 
activities involving human subjects. The human subjects research 
activities in a proposal will require approval by Institutional Review 
Boards (IRBs) possessing a current registration filed with DHHS and to 
be performed by institutions possessing a current, valid Federal-wide 
Assurance (FWA) from DHHS that is linked to the cognizant IRB. In 
addition, NIST as an institution requires that IRB approval 
documentation go through a NIST administrative review; therefore, 
research activities involving human subjects are not authorized to 
start within an award until approval for the activity is issued in 
writing from the NIST Grants Officer. NIST will not issue a single 
project assurance (SPA) for any IRB reviewing any human subjects 
protocol proposed to NIST.
    President Obama has issued Executive Order No. 13,505, (74 FR 
10667, March 9, 2009), revoking previous Executive Orders and 
Presidential statements regarding the use of human embryonic stem cells 
in research. NIST will follow any guidance issued by the National 
Institutes of Health (NIH) pursuant to the Executive Order and will 
develop its own procedures based on the NIH guidance before funding 
research using human embryonic stem cells. NIST will follow any 
additional polices or guidance issued by the current Administration on 
this topic.
    Research Projects Involving Vertebrate Animals: Any proposal that 
includes research involving vertebrate animals must be in compliance 
with the National Research Council's ``Guide for the Care and Use of 
Laboratory Animals'' which can be obtained from National Academy Press, 
2101 Constitution Avenue, NW., Washington, DC 20055. In addition, such 
proposals must meet the requirements of the Animal Welfare Act (7 
U.S.C. 2131 et seq.), 9 CFR parts 1, 2, and 3, and if appropriate, 21 
CFR part 58. These regulations do not apply to proposed research using 
pre-existing images of animals or to research plans that do not include 
live animals that are being cared for, euthanized, or used by the 
project participants to accomplish research goals, teaching, or 
testing. These regulations also do not apply to obtaining animal 
materials from commercial processors of animal products or to animal 
cell lines or tissues from tissue banks.
    Notification of Recovery Act Requirements: Recovery Act limitations 
are applicable to the projects funded in this Notice. Recipients must 
comply with the following three provisions of the Recovery Act, as 
applicable, and any other terms required by the Act or that may be 
added to the recipient's award pursuant to guidance implemented by the 
Office of Management and Budget.
    Buy American Provisions of the Recovery Act: Unless waived by DOC, 
none of the funds appropriated or otherwise made available by the 
Recovery Act may be used for a project for the construction, 
alteration, maintenance, or repair of a public building or public work 
unless all of the iron, steel, and manufactured goods used in the 
project are produced in the United States. This provision shall be 
applied in a manner consistent with United States obligations under 
international agreements.
    Davis Bacon Act: Under Section 1606 of the Recovery Act, projects 
using Recovery Act funds require the payment of not less than the 
prevailing wages under the Davis-Bacon Act to ``all laborers and 
mechanics employed by contractors and subcontractors on projects funded 
directly by or assisted in whole or in part by and through the Federal 
Government.''
    False Claims Act: Each recipient or sub-recipient awarded funds 
under the Recovery Act shall promptly refer to an appropriate inspector 
general any credible evidence that a principal, employee, agent, 
contractor, sub-grantee, subcontractor, or other person has submitted a 
false claim under the False Claims Act or has committed a criminal or 
civil violation of laws pertaining to fraud, conflict of interest, 
bribery, gratuity, or similar misconduct involving those funds.
    Ensuring Responsible Spending of Recovery Act Funds. The agency 
expects programs under this notice to be implemented in general 
compliance with any guidance issued by the Office of Management and 
Budget regarding the President's Memorandum for the Heads of Executive 
Departments and Agencies of March 20, 2009, Ensuring Responsible 
Spending of Recovery Act Funds, 74 FR 12531 (Mar. 25, 2009).
    Best Practices to Promote Equality of Opportunity. Pursuant to OMB 
Guidance (see, ``Updated Implementing Guidance for the American 
Recovery and Reinvestment Act of 2009,'' April 3, 2009) and consistent 
with the Recovery Act and other applicable laws, DoC encourages 
recipients to implement best practices to promote equality of 
opportunity, to provide opportunities for small and disadvantaged 
businesses, including veteran-owned small businesses and service 
disabled veteran-owned small businesses, and to follow sound labor 
practices.
    Reporting Requirements: Reporting requirements are described in the 
Department of Commerce Financial Assistance Standard Terms and 
Conditions dated March, 2008, found on the Internet at: http://oamweb.osec.doc.gov/docs/GRANTS/DOC%20STCsMAR08Rev.pdf.
    The references in Sections A.01 and B.01 of the Department of 
Commerce Financial Assistance Standard Terms and Conditions, dated 
March, 2008, to ``Financial Status Report (SF-269)'' and ``SF-269'' are 
hereby replaced with ``Federal Financial Report (SF-425)'' and ``SF-
425,'' respectively, as required by the Office of Management and Budget 
(OMB) (73 FR 61175, October 15, 2008). As authorized under 15 CFR 14.52 
and 24.41, the OMB approved SF-

[[Page 26209]]

425 shall be used in the place of the SF-269 and SF-272 under the 
uniform administrative requirements and elsewhere under awards in this 
program where such forms are referenced.
    Programmatic Requirements-Performance (Technical) Reports: Unless 
otherwise specified in the award provisions, each research or senior 
fellow shall submit a brief report on his or her experiences and 
accomplishments during their fellowship within 30 days after the end of 
the work at NIST.
    In addition, as set out in Sec. 1512(c) of the Recovery Act, no 
later than ten (10) days after the end of each calendar quarter, any 
recipient that received funds under the Recovery Act from NIST must 
submit a report to NIST that contains:
    a. The total amount of Recovery Act funds received from NIST;
    b. The amount of Recovery Act funds received that were expended or 
obligated to projects or activities;
    c. A detailed list of all projects or activities for which Recovery 
Act funds were expended or obligated; and
    d. Detailed information on any subcontracts or subgrants awarded by 
the recipient to include the data elements required to comply with the 
Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 
109-282), allowing aggregate reporting on awards below $25,000 or to 
individuals, as prescribed by the Director of the Office of Management 
and Budget.
    Recipients that must report information in accordance with 
paragraph (d) above must register with the Central Contractor 
Registration database (http://www.ccr.gov/) or complete other 
registration requirements as determined by the Director of the Office 
of Management and Budget. Section 1512(d) further requires that no 
later than thirty (30) days after the end of each calendar quarter, 
NIST must make the information in reports submitted under section 
1512(c) of the Recovery Act as outlined above publicly available by 
posting the information on a Web site. OMB Memo M-09-10, ``Initial 
Implementing Guidance for the American Recovery and Reinvestment Act of 
2009,'' which can be accessed at http://www.recovery.gov/, provides 
information on requirements for Federal agencies under the Recovery 
Act. Additional guidance may be forthcoming related to responsibilities 
of recipients of grants and cooperative agreements under the Recovery 
Act.
    Funding Availability and Limitation of Liability: The funding 
periods and funding amounts referenced in this notice and request for 
applications are subject to the availability of funds, as well as to 
Department of Commerce and NIST priorities at the time of award. The 
Department of Commerce and NIST will not be held responsible for 
application preparation costs. Publication of this notice does not 
obligate the Department of Commerce or NIST to award any specific grant 
or cooperative agreement or to obligate all or any part of available 
funds. No funding is anticipated at this time to provide further 
support beyond the award period to any project that may receive funds 
under this program.
    Executive Order 12866: This funding notice was determined to be not 
significant for purposes of Executive Order 12866.
    Executive Order 13132 (Federalism): It has been determined that 
this notice does not contain policies with federalism implications as 
that term is defined in Executive Order 13132.
    Executive Order 12372: Applications under this program are not 
subject to Executive Order 12372, ``Intergovernmental Review of Federal 
Programs.''
    Administrative Procedure Act/Regulatory Flexibility Act: Notice and 
comment are not required under the Administrative Procedure Act (5 
U.S.C. 553) or any other law, for rules relating to public property, 
loans, grants, benefits or contracts (5 U.S.C. 553(a)). Because notice 
and comment are not required under 5 U.S.C. 553, or any other law, for 
rules relating to public property, loans, grants, benefits or contracts 
(5 U.S.C. 553(a)), a Regulatory Flexibility Analysis is not required 
and has not been prepared for this notice, 5 U.S.C. 601 et seq.

    Dated: May 26, 2009.
Patrick D. Gallagher,
Deputy Director.
 [FR Doc. E9-12665 Filed 5-29-09; 8:45 am]
BILLING CODE 3510-13-P


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