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[Federal Register Volume 74, Number 103 (Monday, June 1, 2009)]
[Notices]
[Pages 26213-26217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12664]

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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket No.: 090306286-9288-01]

Recovery Act National Institute of Standards and Technology 
Construction Grant Program

AGENCY: National Institute of Standards and Technology (NIST), 
Department of Commerce.

ACTION: Notice of availability of funds.

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SUMMARY: The National Institute of Standards and Technology (NIST) 
announces that it will hold a NIST Construction Grant Program 
competition under the American Recovery and Reinvestment Act of 2009 
and is soliciting proposals for financial assistance.

DATES: A Letter of Intent is required and must be received no later 
than 3 p.m. Eastern Time, Thursday, June 25, 2009. A corresponding full 
proposal must be received no later than 3 p.m. Eastern Time, Monday, 
August 10, 2009. Review, selection, and grant award processing is 
expected to be completed in February 2010.

ADDRESSES: Letters of Intent may only be submitted by paper to: 
National Institute of Standards and Technology; 100 Bureau Drive, Stop 
4701; Gaithersburg, MD 20899-4701. Full proposals may be submitted by 
paper and electronically. Paper Submissions: National Institute of 
Standards and Technology; 100 Bureau Drive, Stop 4701; Gaithersburg, MD 
20899-4701. Electronic submissions: www.grants.gov.

FOR FURTHER INFORMATION CONTACT: Barbara Lambis at 301-975-4447 or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 
    Additional Information. The full Federal Funding Opportunity (FFO) 
announcement for this request for proposals contains detailed 
information and requirements for the program. Proposers are strongly 
encouraged to read the FFO in developing proposals. The full FFO 
announcement text is available at http://www.grants.gov and on the NIST 
Recovery Act Web site at http://www.nist.gov/recovery.
    Statutory Authority. The statutory authority for this program is 
the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. 
L. 111-5, 123 Stat. 115).

CFDA 11.618, NIST Construction Grant Program

    Program Description. The American Recovery and Reinvestment Act of 
2009 (Recovery Act) (Pub. L. 111-5, 123 Stat. 115) appropriated $180 
million to NIST ``for a competitive construction grant program for 
research science buildings.'' Additional information on the program was 
provided on page 418 of the Conference Report to accompany House Report 
111-16 (Feb. 12, 2009), which indicated that ``* * * $180,000,000 shall 
be for the competitive construction grant program for research science 
buildings, including fiscal year 2008 and 2009 competitions.''
    Consistent with the Conference Report language NIST intends to 
issue grant awards for approximately $60 million to unfunded 
meritorious proposals submitted under the fiscal year 2008 competition 
and issue grant awards for approximately $120 million under a new 
fiscal year 2009 competition.
    The goals and objectives of the program are to provide 
competitively awarded grant funds for research science buildings 
through the construction of new buildings or expansion of existing 
buildings. For purposes of this program, ``research science building'' 
means a building or facility whose purpose is to conduct scientific 
research, including laboratories, test facilities, measurement 
facilities, research computing facilities, and observatories. In 
addition, ``expansion of existing buildings'' means that space to 
conduct scientific research is being expanded from what is currently 
available for the supported research activities.
    Consistent with Section 3 of the Recovery Act, the projects 
undertaken through this program will result in the preservation of jobs 
and the promotion of economic recovery; the provision of investments 
needed to increase economic efficiency by spurring technological 
advances; and the investment in infrastructure that will provide long-
term economic benefits. Activities will be commenced as quickly as 
possible while ensuring prudent management.

Unallowable/Ineligible Projects

    The following projects are unallowable/ineligible under this 
program:
    a. Projects to construct or expand a building not intended for 
performing research or that will predominately be equipped with routine 
office equipment and/or lecture/classroom furnishings.
    b. Projects to construct facilities that will primarily benefit 
undergraduate research training programs, rather than the creation of 
new graduate level research programs, or expanding existing graduate 
level research programs.
    c. Projects to construct facilities that will primarily benefit the 
education of the general public rather than support research 
activities.
    d. Projects that include tasks for constructing shell space that 
will not be completed into research space within the grant will have 
these tasks removed.

Unallowable/Ineligible Costs

    The following items, regardless of whether they are allowable under 
the Federal cost principles, are unallowable under this program:
    a. Any equipment used for research or otherwise that is not an 
integral part of the building's structure, e.g., MRI, portable air 
conditioners, etc.
    b. Costs or charges associated with routine maintenance, operation, 
interior decorating, or landscaping of any building.
    c. Purchase of land.
    d. Costs incurred prior to award are not eligible for reimbursement 
or as cost share.
    Limit on Proposals per Applicant. Proposals are limited to one per 
applicant organization. Distinct academic campuses (that award their 
own degrees, have independent administrative structures, admission 
policies, alumni associations, etc.) within multi-campus systems 
qualify as separate institutions.
    Funding Availability. Approximately $120 million is available for 
new grants for the FY 2009 competition. NIST anticipates funding 8-12 
projects with Federal shares in the $10 million-$15 million range with 
a project period of performance of up to five (5) years, although there 
is an expectation that most of the projects will be completed prior to 
five years. The anticipated start date will be one month after the 
award is made. The period of performance depends on the construction 
schedule proposed.
    Eligibility Criteria. U.S. institutions of higher education and 
non-profit organizations are eligible to apply.

[[Page 26214]]

    Cost-Sharing Requirements. Although cost sharing is not required, 
NIST encourages cost sharing in order for a proposal to be competitive, 
and it will be considered as part of the Selection Factors. A cost 
share of 25% would be viewed favorably, 50% even more favorably.
    The purchase of land cannot be used as cost sharing. See also 
section IV.6. Funding Restrictions of the Federal Funding Opportunity.
    Evaluation Criteria. The evaluation criteria that will be used in 
evaluating proposals are as follows:
    a. Scientific and technical merit of the proposed use of the 
facility and the need for Federal funding (50 percent).
    This criterion addresses the intellectual merit and broader impacts 
of the proposed use of the facility; the strategic research directions 
planned with the facility and how well the plan is conceived and 
organized; what the facility will enable in terms of the advancement of 
knowledge and understanding within a specific field(s) or across 
different fields; the qualifications of the proposed key researchers 
(individuals or teams) which will use the facility, as well as the 
management team that will lead them; the potential for targeted impacts 
resulting from the use of the facility that are unlikely to be achieved 
with the current infrastructure, such as what transformative or 
creative concepts may expand the science and technology knowledge base; 
the extent to which the facility will enhance collaborations within and 
outside of the institution; and the need for Federal funding due to a 
lack of alternative funding sources, specifically what other sources 
were pursued.
    b. The quality of the design of the research science building (25 
percent).
    This criterion addresses the quality of the design information 
provided for the building/facility to establish that the design has the 
ability to meet the safety, physical, environmental, experimental/
research (e.g. unique environmental controls--vibration, humidity, 
temperature, etc.), and operational (e.g. utilities and circulation of 
people) requirements of the science and technology activities the 
building/facility is expected to support. It also addresses whether or 
not preliminary drawings and plans, together with appropriate 
estimates, of in-house or vendor costs, are complete, in progress, or 
planned. Furthermore, it addresses the rationale for and summary 
specifications of the building/facility, including location, size, 
configuration, environmental controls for research space, utility 
needs, gross and/or assignable square footage, assignments of square 
footage to research- and non-research-related activities (e.g. routine 
administrative office space, conference rooms, classrooms etc.), and 
the assigned purpose by areas.
    c. Adequacy of the detailed Project Management Plan for 
construction of the research science building/facility (25 percent). 
The program will evaluate the following four aspects of the Project 
Management Plan:
    (1) Project Scope and Requirements:
    This criterion addresses the description and organization of 
project work packages (project tasks/elements) in a clear and complete 
Work/Task Breakdown Structure (WBS) approach that comprises the total 
scope of the building/facility project from inception through 
commissioning of the facility, including descriptions of each work 
package and its associated subtasks, the relationship between the work 
packages and their associated subtasks, consolidated into a unified 
project scope description that will be used by project management key 
personnel throughout the project management life-cycle to identify and 
monitor project progress, as well as link and track work packages and 
subtasks to the budget and schedule plans addressed in c.(2) below. In 
addition, this criterion addresses which work packages are proposed to 
be within, before or after the project period. The project period 
covers only the Federal and the allowable auditable cost share portion 
of the project.
    (2) Adequacy of the Proposed Project Time Schedule and Linkage to 
the Budget, including the Clarity of the Budget and the Budget 
Narrative:
    This criterion addresses the time schedule for implementing the 
work packages and associated subtasks described within the WBS 
addressed in c.(1) above, and how the budget costs associated with the 
work packages correctly sum up to each of the cost categories of the 
SF-424C by project year.
    (3) Capability to Manage the Project:
    This criterion addresses the approach planned for project 
management monitoring and risk control during the life of the award, 
from kick-off through close-out, which may include tools, techniques 
and processes (manual and automated systems). It also addresses an 
analysis of potential project risks (e.g. timing, cost and/or scope 
changes), where in the schedule risk(s) may be expected, and how the 
risk(s) may be mitigated through specific control mechanisms, and the 
planning/control decisionmaking process to implement the control 
mechanisms. Finally, it addresses the management plan for direction and 
implementation of the project, including capability descriptions of the 
performing organizations and experience summaries for the manager with 
fiduciary project responsibility, the project manager, and other key 
project personnel as appropriate.
    (4) Soundness of the Financial Commitments to Implement the Project 
Management Plan:
    This criterion addresses the current and any pending commitments 
required for the building/facility to be constructed, commissioned and 
become fully operational, including any risk(s) associated with 
finalizing funding commitments and the organizational name/contact that 
has the fiduciary authority over the funding commitments.

Letters of Intent

    Each eligible organization can submit only one Letter of Intent in 
response to this solicitation. A Letter of Intent, in paper form only, 
is mandatory and must be received by NIST no later than 3 p.m. Eastern 
Time, Thursday, June 25, 2009. If a full proposal is submitted to NIST 
from an applicant who did not submit the required Letter of Intent, the 
full proposal will be rejected and not reviewed. It is expected that 
the Letter of Intent, which is to provide an overview of responsible 
personnel and estimated costs, will be reviewed for eligibility, and 
whether or not the project complements one or more of the program 
priorities. NIST will send an acknowledgement of the Letter of Intent 
to all applicants who timely submit a Letter of Intent. The information 
required in a Letter of Intent is provided in the full FFO announcement 
for this request for proposals.
    Each applicant organization may only submit one Letter of Intent. 
Submission of multiple Letters of Intent from one applicant 
organization is not allowed. If more than one Letter of Intent is 
received from the same applicant organization, NIST will acknowledge 
each Letter of Intent received from the same applicant organization and 
provide notice that if more than one full proposal is received from the 
same applicant organization at the time of full proposal submission, 
all full proposals from that same applicant organization will be 
rejected without review.

Selection Process

    An initial administrative review of timely received full proposals 
will be conducted to determine compliance with requirements and 
completeness. Responsive and complete proposals will be considered 
further. Proposals that are

[[Page 26215]]

nonresponsive and/or incomplete will be eliminated. Each of the 
remaining proposals will receive a minimum of three independent 
reviews, which will include written evaluations and scores, based on 
the evaluation criteria. Reviews concerning evaluation criteria b. and 
c. above may be performed by non-Federal Engineers or Architects. No 
consensus advice will be given by the reviewers. The individual 
proposal evaluations and scores will be considered by an Evaluation 
Board(s) (a committee made up of Federal employees). This Board(s) will 
present rankings in numerical order and funding recommendations based 
on the evaluation criteria to a Selecting Official for further 
consideration. In making final selections, the Selecting Official 
(Chief Facilities Management Officer, NIST) will select funding 
recipients based upon the Evaluation Board's rank order of the 
proposals and the selection factors. The selection of proposals by the 
Selecting Official is final and cannot be appealed. NIST reserves the 
right to negotiate the cost and scope of the proposed work with the 
applicants that have been selected to receive awards. This may include 
requesting that the applicant delete from the scope of work a 
particular task that is deemed by NIST to be inappropriate for support 
(or of a lower priority compared with competing uses of funds) against 
the evaluation criteria or selection factors. NIST also reserves the 
right to reject a proposal where information is uncovered that raises a 
reasonable doubt as to the responsibility of the applicant. The final 
approval of selected proposals and award of grants will be made by the 
NIST Grants Officer. The award decision of the NIST Grants Officer is 
final and cannot be appealed.
    Applicants may not submit replacement and/or revised pages and/or 
documents for any portion of a proposal once that portion has been 
submitted unless specifically requested by NIST.
    One copy of each incomplete, nonresponsive, or non-selected 
proposal will be retained for three (3) years for record keeping 
purposes and the other two (2) copies will be destroyed. After three 
(3) years the remaining copy will be destroyed.
    Selection Factors. The Selecting Official shall recommend proposals 
for award based upon the Evaluation Board's rank order of the 
proposals, and may select a proposal out of rank based on one or more 
of the following selecting factors: a. Degree to which the project 
complements one or more programs of DoC's three science organizations' 
science and technology program priorities (see Program Priorities 
below), including the amount and quality of experience that the 
institution that will use the facility has had with novel research.
    b. Ability of a project to fulfill objectives of the Recovery Act, 
as described in the Program Description above: preservation of jobs and 
the promotion of economic recovery; provision of investments needed to 
increase economic efficiency by spurring technological advances; and 
investing in infrastructure that will provide long-term economic 
benefits, through activities that will commence as quickly as possible 
while ensuring prudent management.
    c. Degree to which the applicant proposes an early construction 
start date and/or is close to or has awarded a construction contract 
for the facility. For example, an early start date for construction of 
a ready to proceed project may be considered more favorably than a 
project that requires a longer time to complete design requirements.
    NIST will emphasize the selection of projects that are ready to 
proceed and will thereby stimulate local economies through the creation 
or retention of jobs in U.S. jurisdictions, as well as yield 
significant program benefits. Projects that are ready to proceed are 
generally those where feasibility studies and/or other baseline 
information required for a design to commence are completed, where 
required consultations and permits, if not in-hand, are either in 
progress or where there is reasonable assurance provided that they can 
be attained quickly, and where National Environmental Policy Act (NEPA) 
or equivalent analysis and any environmental permits and authorizations 
are finished or can be expeditiously completed, so that projects can be 
implemented shortly after funding is made available. The adequacy of 
information needed to assess compliance with and to make a 
determination under NEPA, as described below, may be considered.
    d. Assuring a balance/distribution of projects across the program 
priorities (see Program Priorities below).
    e. Availability of Federal funds.
    f. Experience or potential of promoting national impacts through 
research outcomes, training, cooperation with Federal programs, and/or 
opportunities for visiting researchers.
    g. Credibility of plans to transition to operational status (i.e., 
staffing and equipping the research science building, and operational 
readiness).
    h. Degree to which the project considers and incorporates green/
sustainable design practices.
    i. Although cost sharing is not required, the degree to which the 
applicant is proposing cost share will be considered. (A cost share of 
25% would be viewed favorably; 50% even more favorably.)
    j. Whether this project duplicates other projects funded by DoC or 
other Federal agencies.
    k. Applicant's prior Federal award performance.

Program Priorities

    All applicable fields of science that complement one or more 
programs of DoC's three science organizations: NIST, the National 
Oceanic and Atmospheric Administration (NOAA), and the National 
Telecommunications and Information Administration (NTIA). Specifically, 
these include science related to measurements, oceans and atmosphere, 
and telecommunications. More information about those programs can be 
found on the agencies' Web sites (www.nist.gov, www.noaa.gov, and 
www.ntia.doc.gov).
    Proposals are only required to link to the program priorities of 
one of the three DoC science organizations. Proposals that address 
program priorities of more than one organization are not considered to 
be more competitive.
    Executive Order 12372 (Intergovernmental Review of Federal 
Programs). Proposals under this program are not subject to Executive 
Order 12372.
    Administrative Procedure Act and Regulatory Flexibility Act. Prior 
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)). Because prior notice and an opportunity 
for public comment are not required pursuant to 5 U.S.C. 553 or any 
other law, the analytical requirements of the Regulatory Flexibility 
Act (5 U.S.C. et seq.) are inapplicable. Therefore, a regulatory 
flexibility analysis is not required and has not been prepared.
    E.O. 13132 (Federalism). This notice does not contain policies with 
Federalism implications as defined in Executive Order 13132.
    E.O. 12866 (Regulatory Planning and Review). This notice is 
determined to be not significant under Executive Order 12866.
    Paperwork Reduction Act. Notwithstanding any other provision of the 
law, no person is required to, nor shall any person be subject to a 
penalty for failure to, comply with a collection of information subject 
to the

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requirements of the Paperwork Reduction Act (PRA), unless that 
collection of information displays a currently valid Office of 
Management and Budget (OMB) Control Number. This notice contains 
collection-of-information requirements subject to the PRA. The use of 
Form S NIST-1101, NIST Construction Grant Program Budget Narrative, 
NIST-1101A, NIST Construction Grant Program Budget Narrative, and NIST-
1101B, NIST Construction Grant Program Details on Unallowable Project 
Costs, has been approved under OMB Control No. 0693-0055; and SF-424, 
Application for Federal Assistance, SF-424C, Budget Information--
Construction Programs, SF-424D, Assurances--Construction Programs, and 
SF-LLL, Disclosure of Lobbying Activities, have been approved by OMB 
under the respective control numbers 4040-0004, 4040-0008, 4040-0009, 
and 0348-0046.
    Security Interest. Grant recipients will be required to execute a 
security interest or other statement of NIST's interest in the property 
(building), acceptable to NIST, which must be perfected and placed on 
record in accordance with local law. This security interest will 
provide that, for the estimated useful life of the building (20 years), 
the recipient will not sell, transfer, convey, or mortgage any interest 
in the real property improved in whole or in part with Federal funds 
made available under the award, nor shall the recipient use the 
property for purposes other than the purposes for which the award was 
made, without the prior written approval of the Grants Officer. Such 
approval may be withheld until such time as the recipient first pays to 
NIST the Federal share of the property as provided in 15 CFR Part 14.
    DoC Pre-Award Notification Requirements. 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 7696-01), are applicable to this solicitation.

Employer/Taxpayer Identification Number and Dun and Bradstreet Data 
Universal Numbering System

    On the form SF-424 items 8.b. and 8.c., the applicant's 9-digit 
Employer/Taxpayer Identification Number (EIN/TIN) and 9-digit Dun and 
Bradstreet Data Universal Numbering System (DUNS) number must be 
consistent with the information on the Central Contractor Registration 
(CCR) (www.ccr.gov) and Automated Standard Application for Payment 
System (ASAP). For complex organizations with multiple EIN/TIN and DUNS 
numbers, the EIN/TIN and DUNS numbers MUST be the numbers for the 
applying organization. Organizations that provide incorrect/
inconsistent EIN/TIN and DUNS numbers may experience significant delays 
in receiving funds if their proposal is selected for funding. Please 
confirm that the EIN/TIN and DUNS number are consistent with the 
information on the CCR and ASAP.
    National Environmental Policy Act. The Department must analyze the 
potential environmental impacts, as required by the National 
Environmental Policy Act (NEPA), for applicant projects or proposals 
which are seeking Recovery Act funding. General information on 
compliance with NEPA can be found at the following Web sites: http://www.nepa.noaa.gov, and the Council on Environmental Quality's (CEQ) 
NEPAnet, http://ceq.hss.doe.gov/nepa/nepanet.htm.
    Consequently, as part of an applicant's proposal, and under their 
description of their program activities, applicants are required to 
provide detailed information on the activities to be conducted, safety 
concerns, locations, site characteristics, surrounding environment, 
species and habitat that might be affected, construction activities, 
and any environmental concerns that may exist (e.g., the use and 
disposal of hazardous or toxic chemicals, impacts to endangered and 
threatened species, or any social, economic or cultural impacts to the 
surrounding environment) in accordance with the required NIST-1101B, 
NIST Construction Grant Program Environmental Compliance Questionnaire.
    It is the applicant's responsibility to obtain all necessary 
Federal, state, and local government permits and approvals where 
necessary for the proposed work to be conducted. Applicants are 
expected to design their projects so that they minimize the potential 
for adverse impacts to the environment. Applicants will also be 
required to cooperate with the Department in identifying feasible 
measures to reduce or avoid any identified adverse environmental 
impacts of their proposed project. The failure to do so will be grounds 
for not awarding a grant.
    Documentation of requests/completion of required environmental 
authorizations and permits, including the Endangered Species Act, if 
applicable, should be included in the proposal. Applications will be 
reviewed to ensure that they contain sufficient information to allow 
Department staff to conduct a NEPA analysis so that appropriate NEPA 
documentation, required as part of the proposal, can be submitted to 
the NIST Grants and Agreements Management Division along with the 
recommendation for funding for selected applications.
    Applicants proposing activities that cannot be covered by a Program 
Environmental Assessment (PEA) and Finding of No Significant Impact 
(FONSI) or whose activities are not covered under another agency's NEPA 
compliance procedures that can be analyzed and adopted for use by the 
Department, will be informed after the technical review stage to 
determine if NEPA compliance and other requirements can otherwise be 
expeditiously met so that a project can proceed within the timeframes 
anticipated under the American Recovery and Reinvestment Act.
    If additional information is required after an application is 
accepted, funds can be withheld by the Grants Officer under a special 
award condition requiring the recipient to submit additional 
environmental law compliance information sufficient to enable the 
Department to make an assessment on any impacts that a project may have 
on the environment.
    Notification of Recovery Act Requirements. Recovery Act limitations 
are applicable to the projects funded under 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.
    a. Buy American Recovery Act Provision. Unless waived by DoC, none 
of the funds appropriated or otherwise made available by ARRA, 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.
    b. Davis-Bacon Act. Under Section 1606 of the ARRA, projects using 
ARRA 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.''
    c. False Claims Act. Each recipient or sub-recipient awarded funds 
under the ARRA shall promptly refer to an appropriate inspector general 
any

[[Page 26217]]

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 
intends to implement this program in compliance with Office of 
Management and Budget guidance on 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), when such guidance becomes available.
    Best Practices to Promote Equality of Opportunity. Pursuant to OMB 
Guidance (see, e.g., ``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. Award Recipients shall provide access to information 
that is required to assess the project's progress throughout the 
project life cycle. The following reports are required:
    a. Technical Performance Reports. Award Recipients shall submit a 
technical performance report in triplicate (an original and two copies) 
on a calendar quarter basis for the periods ending March 31, June 30, 
September 30, and December 31, or any portion thereof. Reports are due 
no later than 30 days following the end of each reporting period. A 
final technical performance report shall be submitted within 90 days 
after the expiration date of the award. Two copies of the technical 
performance reports shall be submitted to the Project Manager and the 
original report to the NIST Grants Officer. Technical performance 
reports shall contain information as prescribed in 15 CFR 14.51.
    b. Financial Reports. For recipients under this program, Article 
A.01 of the DoC Financial Assistance Standard Terms and Conditions 
dated March 2008 is revised as follows:
    Award Recipients shall submit a Federal Financial Report (SF-425) 
in triplicate (an original and two copies) on a calendar quarter basis 
for the periods ending March 31, June 30, September 30, and December 
31, or any portion thereof. Reports are due no later than 30 days 
following the end of each reporting period. A final SF-425 shall be 
submitted within 90 days after the expiration date of the award. All 
SF-425s shall be submitted to the NIST Grants Officer.
    c. Recovery Act Reports--Job Creation and Retention. 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 
the following four items:
    (1) The total amount of Recovery Act funds received from NIST.
    (2) The amount of Recovery Act funds received that were obligated 
and expended to projects or activities. This reporting will also 
include unobligated allotment balances to facilitate reconciliations.
    (3) A detailed list of all projects or activities for which 
recovery funds were obligated and expended, including:
    (a) The name of the project or activity;
    (b) A description of the project or activity;
    (c) An evaluation of the completion status of the project or 
activity;
    (d) An estimate of the number of jobs created and the number of 
jobs retained by the project or activity; and
    (e) For infrastructure investments made by State and local 
governments, the purpose, total cost, and rationale of the agency for 
funding the infrastructure investment with funds made available under 
this Act, and name of the person to contact at the agency if there are 
concerns with the infrastructure investment.
    (4) 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 (OMB).
    Recipients that must report information in accordance with 
paragraph (4) above must register with the Central Contractor 
Registration database (http://www.ccr.gov/) or complete other 
registration requirements as determined by the Director of OMB. 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.
    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 to Financial Reporting Form SF-269 in the DoC 
Standard Terms & Conditions, A.01 and B.01, are hereby replaced with 
the SF-425, ``Federal Financial Report,'' 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-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.

    Dated: May 26, 2009.
Patrick Gallagher,
Deputy Director.
 [FR Doc. E9-12664 Filed 5-29-09; 8:45 am]
BILLING CODE 3510-13-P
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