4370 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

DEPARTMENT OF COMMERCE 

Minority Business Development 

Agency 

[Docket No.: 090109014–9016–01] 

Solicitation of Applications for the 

Minority Business Enterprise Center 

(MBEC) Program 

AGENCY: Minority Business 

Development Agency, Commerce. 

ACTION: Notice. 

SUMMARY: On October 7, 2008, the 

Minority Business Development Agency 

(MBDA) published an announcement 

(73 FR 58555) soliciting competitive 

applications from organizations to 

operate a Minority Business Enterprise 

Center (MBEC) in Houston, TX for a 

new three (3) year award period, in 

accordance with 15 U.S.C. Section 1512 

and Executive Order 11625. However, 

the competition was deemed 

unsuccessful by MBDA due to a lack of 

responsive applications. This notice 

solicits competitive applications for a 

new operator of the Houston MBEC 

project and supersedes in its entirety the 

notice published on October 7, 2008. 

The Houston MBEC operates through 

the use of business consultants and 

provides a range of business consulting 

and technical assistance services 

directly to eligible minority-owned 

businesses in the Houston-Sugar LandBaytown, Texas Metropolitan Statistical 

Area (MSA). Responsibility for ensuring 

that applications in response to this 

competitive solicitation are complete 

and received by MBDA on time is the 

sole responsibility of the applicant. 

Applications submitted must be to 

operate a MBEC and to provide business 

consultation services to eligible clients. 

Applications that do not meet these 

requirements will be rejected. This is 

not a grant program to help start or to 

further an individual business. 

DATES: The closing date for receipt of 

applications is March 2, 2009 at 5 p.m. 

Eastern Standard Time (EST). 

Completed applications must be 

received by MBDA at the address below 

for paper submissions or at http:// 

www.Grants.gov for electronic 

submissions. The due date and time is 

the same for electronic submissions as 

it is for paper submissions. The date 

that applications will be deemed to have 

been submitted electronically shall be 

the date and time received at 

Grants.gov. Applicants should save and 

print the proof of submission they 

receive from Grants.gov. Applications 

received after the closing date and time 

will not be considered. Anticipated time 

for processing is seventy-five (75) days 

from the closing date for receipt of 

applications. MBDA anticipates that one 

award under this notice will be made 

with a start date of June 1, 2009. 

Pre-Application Conference: In 

connection with this solicitation, a preapplication conference is scheduled for 

February 6, 2009 in Houston, TX. The 

time and location of the pre-application 

conference have yet to be determined. 

Participants must register at least 24 

hours in advance of the conference and 

may participate in person or by 

telephone. Please visit the MBDA 

Internet Portal at http://www.mbda.gov 

(MBDA Portal) or contact an MBDA 

representative listed below for the 

specific time and location of the preapplication conference and for 

registration instructions. 

ADDRESSES: (1a) Paper Submission—If 

Mailed: If the application is sent by 

postal mail or overnight delivery service 

by the applicant or its representative, 

one (1) signed original plus two (2) 

copies of the application must be 

submitted. Applicants are encouraged to 

also submit an electronic copy of the 

proposal, budget and budget narrative 

on a CD–ROM to facilitate the 

processing of applications. Complete 

application packages must be mailed to: 

Office of Business Development—MBEC 

Program, Office of Executive Secretariat, 

HCHB, Room 5063, Minority Business 

Development Agency, U.S. Department 

of Commerce, 1401 Constitution 

Avenue, NW., Washington, DC 20230. 

Applicants are advised that MBDA’s 

receipt of mail sent via the United States 

Postal Service may be substantially 

delayed or suspended in delivery due to 

security measures. Applicants may 

therefore wish to use a guaranteed 

overnight delivery service. Department 

of Commerce delivery policies for 

overnight delivery services require all 

packages to be sent to the address above. 

(1b) Paper Submission—If HandDelivered: If the application is handdelivered by the applicant or by its 

representative, one (1) signed original 

plus two (2) copies of the application 

must be delivered. Applicants are 

encouraged to also submit an electronic 

copy of the proposal, budget and budget 

narrative on a CD–ROM to facilitate the 

processing of applications. Complete 

application packages must be delivered 

to: U.S. Department of Commerce, 

Minority Business Development 

Agency, Office of Business 

Development—MBEC Program 

(extension 1940), HCHB—Room 1874, 

Entrance #10, 15th Street, NW. (between 

Pennsylvania and Constitution 

Avenues), Washington, DC. MBDA will 

not accept applications that are 

submitted by the deadline, but that are 

rejected due to the applicant’s failure to 

adhere to Department of Commerce 

protocol for hand-deliveries. 

(2) Electronic Submission: Applicants 

are encouraged to submit their proposal 

electronically at http://www.Grants.gov. 

Electronic submissions should be made 

in accordance with the instructions 

available at Grants.gov (see http:// 

www.grants.gov/forapplicants for 

detailed information). MBDA strongly 

recommends that applicants not wait 

until the application deadline date to 

begin the application process through 

Grants.gov as, in some cases, the process 

for completing an online application 

may require 3–5 working days. 

FOR FURTHER INFORMATION CONTACT: For 

further information or for an application 

package, please visit MBDA’s Minority 

Business Internet Portal at http:// 

www.mbda.gov. Paper applications may 

also be obtained by contacting the 

MBDA Office of Business Development 

or the MBDA National Enterprise Center 

(NEC) in the region in which the MBEC 

will be located (see below Agency 

Contacts). In addition, Standard Forms 

(SF) may be obtained by accessing 

http://www.whitehouse.gov/omb/grants 

or http://www.grants.gov and 

Department of Commerce (CD) forms 

may be accessed at http://www.doc.gov/ 

forms. 

Agency Contacts: 

1. MBDA Office of Business 

Development, 1401 Constitution 

Avenue, NW., Room 5075, Washington, 

DC 20230. Contact: Efrain Gonzalez, 

Chief, 202–482–1940. 

2. Dallas National Enterprise Center 

(DNEC), 1100 Commerce Street, Room 

726, Dallas, Texas, 75242. This region 

covers the states of Arkansas, Colorado, 

Louisiana, Montana, New Mexico, North 

Dakota, Oklahoma, South Dakota, Texas, 

Utah and Wyoming. Contact: John F. 

Iglehart, Regional Director, 214–767– 

8001. 

SUPPLEMENTARY INFORMATION: 

Electronic Access: A link to the full 

text of the Announcement of Federal 

Funding Opportunity (FFO) for this 

solicitation may be accessed at: http:// 

www.Grants.gov, http://www.mbda.gov, 

or by contacting the appropriate MBDA 

representative identified above. The 

FFO contains a full and complete 

description of the requirements under 

the MBEC Program. In order to receive 

proper consideration, applicants must 

comply with all information and 

requirements contained in the FFO. 

Applicants will be able to access, 

download and submit electronic grant 

applications for the MBEC Program 

through http://www.Grants.gov. MBDA 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4371 

strongly recommends that applicants 

not wait until the application deadline 

date to begin the application process 

through Grants.gov as in some cases the 

process for completing an online 

application may require additional time 

(e.g., 3–5 working days). The date that 

applications will be deemed to have 

been submitted electronically shall be 

the date and time received at 

Grants.gov. Applicants should save and 

print the proof of submission they 

receive from Grants.gov. Applications 

received after the closing date and time 

will not be considered. 

Background: The MBEC Program is a 

key component of MBDA’s overall 

minority business development 

assistance program and promotes the 

growth and competitiveness of eligible 

minority-owned businesses. MBEC 

operators leverage project staff and 

professional consultants to provide a 

wide range of direct business assistance 

services to eligible minority-owned 

firms, including but not limited to 

initial consultations and assessments, 

business technical assistance, and 

access to federal and non-federal 

procurement and financing 

opportunities. MBDA currently funds a 

network of 33 MBEC projects located 

throughout the United States. Pursuant 

to this notice, competitive applications 

for new awards are being solicited for 

the MBEC project identified below. 

MBDA originally made a three (3) 

year award for the operation of the 

Houston MBEC project for the period 

January 1, 2007—December 31, 2009. 

See 71 FR 42352. The original award 

was subsequently terminated at the 

recipient’s request effective January 1, 

2009. On October 7, 2008, MBDA 

published an announcement soliciting 

competitive applications for an operator 

of the Houston MBEC for a new three (3) 

year award period. See 73 FR 58555. 

However, the competition was deemed 

unsuccessful by MBDA due to a lack of 

responsive applications. This notice 

solicits competitive applications for a 

new operator of the Houston MBEC 

project and supersedes in its entirety the 

notice published on October 7, 2008. 

The new award for the Houston MBEC 

project is expected to be made with a 

three (3) year award period of June 1, 

2009—May 31, 2012. 

Program Description: The MBEC 

Program generally requires project staff 

to provide standardized business 

assistance services directly to eligible 

‘‘minority business enterprises,’’ with 

an emphasis on those firms with 

$500,000 or more in annual revenues 

and/or those eligible firms with ‘‘rapid 

growth potential’’ (‘‘Strategic Growth 

Initiative’’ or ‘‘SGI’’ firms); to develop 

and maintain a network of strategic 

partnerships; to provide collaborative 

consulting services with MBDA and 

other MBDA funded programs and 

strategic partners; and to provide 

referral services (as necessary) for client 

transactions. For this purpose, minority 

business enterprises are business 

concerns that are owned or controlled 

by the following persons or groups of 

person: African Americans, Puerto 

Ricans, Spanish-speaking Americans, 

Asian and Pacific Islander Americans, 

Native Americans (including Alaska 

Natives, Alaska Native Corporations and 

tribal entities), Eskimos, Aleuts, Asian 

Indians, and Hasidic Jews. See 15 CFR 

1400.1 and Executive Order 11625. 

The MBEC Program incorporates an 

entrepreneurial approach to building 

market stability and improving the 

quality of client services. This 

entrepreneurial strategy expands the 

reach of the MBECs by requiring project 

operators to develop and build upon 

strategic alliances with public and 

private sector partners as a means of 

serving minority-owned firms within 

each MBEC’s geographical service area. 

The MBEC Program is also designed to 

effectively leverage MBDA resources, 

including but not limited to: MBDA 

Office of Business Development and 

MBDA National Enterprise Centers; 

MBDA’s Business Internet Portal; and 

MBDA’s nationwide network of MBECs, 

Native American Business Enterprise 

Centers (NABECs) and Minority 

Business Opportunity Centers (MBOCs). 

MBEC operators are also required to 

attend a variety of MBDA training 

programs designed to increase 

operational efficiencies and the 

provision of value-added client services. 

MBEC operators are generally 

required to provide the following four 

client services: (1) Client Assessment— 

this is a standardized service activity 

that includes identifying the client’s 

immediate and long-term needs and 

establishes a projected growth track; (2) 

Strategic Business Consulting—this 

involves providing intensive business 

consulting services that can be delivered 

as personalized consulting or group 

consulting; (3) Access to Capital—this 

assistance is designed to secure the 

financial capital necessary for client 

growth, and (4) Access to Markets—this 

involves assisting clients to identify and 

access opportunities for increased sales 

and revenues. 

Please refer to the FFO pertaining to 

this competitive solicitation for a full 

and complete description of the 

application and programmatic 

requirements under the MBEC Program. 

Location and Geographical Service 

Area: MBDA is soliciting competitive 

applications from organizations to 

operate an MBEC in the following 

location and geographical service area: 

Name of 

MBEC 

Location 

of MBEC 

MBEC geographical 

service area ** 

Houston 

MBEC.

Houston, 

TX.

Houston-Sugar 

Land-Baytown, TX 

MSA.** 

** Metropolitan Statistical Area, please see 

OMB Bulletin No. 09–01, Update of Statistical 

Area Definitions and Guidance on Their Uses 

(November 20, 2008) at http:// 

www.whitehouse.gov/omb/bulletins. 

Eligibility: For-profit entities 

(including but not limited to soleproprietorships, partnerships, and 

corporations), non-profit organizations, 

state and local government entities, 

American Indian Tribes, and 

educational institutions are eligible to 

operate an MBEC. 

Match Requirements: The MBEC 

Program requires a minimum nonfederal cost share of 20%, which must 

be reflected in the proposed project 

budget. Non-federal cost share is the 

portion of the project cost not borne by 

the Federal Government. Applicants 

must satisfy the non-federal cost sharing 

requirements in one or more of the 

following four means or any 

combination thereof: (1) Client fees; (2) 

applicant cash contributions; (3) 

applicant in-kind (i.e., non-cash) 

contributions; or (4) third-party in-kind 

contributions. The MBEC is required to 

charge client fees for services rendered 

and such fees must be used by the 

operator towards meeting the nonfederal cost share requirements under 

the award. Applicants will be awarded 

up to five bonus points to the extent that 

the proposed project budget includes a 

non-federal cost share contribution, 

measured as a percentage of the overall 

project budget, exceeding 20% (see 

Evaluation Criterion below). 

Funding Availability: MBDA 

anticipates that approximately $291,000 

will be available in each of Fiscal Years 

(FYs) 2009—2011 to fund the financial 

assistance award for the Houston MBEC 

project. The total award period for the 

project is anticipated to be three (3) 

years and to cover the period June 1, 

2009–May 31, 2012. The anticipated 

level of Federal funding and the 

minimum non-federal matching share 

for the Houston MBEC project for each 

funding period is set forth in the below 

table (the actual award amount may 

vary depending on the availability of 

appropriated funds and on MBDA and 

Department of Commerce priorities). 

4372 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

Project name 

June 1, 2009 through 

May 31, 2010 

June 1, 2010 through 

May 31, 2011 

June 1, 2011 through 

May 31, 2012 

Total cost 

($) 

Federal 

share 

($) 

NonFederal 

share 

($) 

(20% min.) 

Total cost 

($) 

Federal 

share 

($) 

NonFederal 

share 

($) 

(20% min.) 

Total cost 

($) 

Federal 

share 

($) 

NonFederal 

share 

($) 

(10% min.) 

Houston MBEC ................ 363,750 291,000 72,500 363,750 291,000 72,500 363,750 291,000 72,500 

Applicants must submit project plans 

and budgets for each of the three (3) 

funding periods under this award (June 

1, 2009—May 31, 2010, June 1, 2010— 

May 31, 2011, and June 1, 2011—May 

31, 2012). Projects will initially be 

funded for the first funding period and 

will not have to compete for funding in 

the second and third funding periods. 

However, operators that fail to achieve 

a ‘‘Satisfactory’’ or better performance 

rating for the current funding period 

may be denied funding for subsequent 

funding periods. Recommendations for 

funding for subsequent funding periods 

are generally evaluated by MBDA based 

on a ‘‘Satisfactory’’ or better mid-year 

program performance rating (i.e., June 1, 

20xx—November 30, 20xx) and/or a 

combination of a mid-year and 

cumulative third-quarter (i.e., June 1, 

20xx—February 28, 20xx) ‘‘Satisfactory’’ 

or better performance rating for the 

current funding period. In making such 

funding recommendations, MBDA and 

the Department of Commerce will 

consider the facts and circumstances of 

each case, such as but not limited to 

market conditions, most recent 

performance of the operator and other 

mitigating circumstances. 

Funding for the program listed in this 

notice is contingent upon the 

availability of FY 2009 appropriations. 

MBDA issues this notice subject to the 

appropriations made available under the 

current continuing resolution, H.R. 

2638, ‘‘Consolidated Security, Disaster 

Assistance, and Continuing 

Appropriations Act, 2009,’’ Public Law 

110–329. In no event will MBDA or the 

Department of Commerce be responsible 

for proposal preparation costs if this 

program fails to receive funding or is 

cancelled because of other Department 

of Commerce or MBDA priorities. All 

funding periods under the award are 

subject to the availability of funds to 

support the continuation of the project. 

Publication of this FFO does not 

obligate the Department of Commerce or 

MBDA to award any specific 

cooperative agreement or to obligate all 

or any part of available funds. 

Authority: 15 U.S.C. Section 1512 and 

Executive Order 11625. 

Catalog of Federal Domestic 

Assistance (CFDA): 11.800, Minority 

Business Enterprise Centers. 

Eligibility: For-profit entities 

(including but not limited to soleproprietorships, partnerships, and 

corporations), non-profit organizations, 

state and local government entities, 

American Indian Tribes, and 

educational institutions are eligible to 

operate an MBEC. 

Match Requirements: The MBEC 

Program requires a minimum nonfederal cost share of 20%, which must 

be reflected in the proposed project 

budget. Non-federal cost share is the 

portion of the project cost not borne by 

the Federal Government. Applicants 

must satisfy the non-federal cost sharing 

requirements in one or more of the 

following four means or any 

combination thereof: (1) Client fees; (2) 

applicant cash contributions; (3) 

applicant in-kind (i.e., non-cash) 

contributions; or (4) third-party in-kind 

contributions. The MBEC is required to 

charge client fees for services rendered 

and such fees must be used by the 

operator towards meeting the nonfederal cost share requirements under 

the award. Applicants will be awarded 

up to five bonus points to the extent that 

the proposed project budget includes a 

non-federal cost share contribution, 

measured as a percentage of the overall 

project budget, exceeding 20% (see 

Evaluation Criterion below). 

Evaluation Criterion: Proposals will 

be evaluated and one applicant may be 

selected based on the below evaluation 

criterion. The maximum total number of 

points that an application may receive 

is 105, including the bonus points for 

exceeding the minimum required nonfederal cost sharing, except when oral 

presentations are made by applicants. If 

oral presentations are made (see below: 

Oral Presentation—Optional), the 

maximum total of points that can be 

earned is 115. The number of points 

assigned to each evaluation criterion 

will be determined on a competitive 

basis by the MBDA review panel based 

on the quality of the application with 

respect to each evaluation criterion. 

1. Applicant Capability (40 Points) 

Proposals will be evaluated with 

respect to the applicant’s experience 

and expertise in providing the work 

requirements listed. Specifically, 

proposals will be evaluated as follows: 

(a) Community—Experience in and 

knowledge of the minority community, 

minority business sector, and strategies 

for enhancing its growth and expansion; 

particular emphasis shall be on 

expanding SGI firms. Consideration will 

be given as to whether the applicant has 

a physical presence in the geographic 

service area at the time of its application 

(4 points); 

(b) Business Consulting—Experience 

in and knowledge of business 

consulting with respect to minority 

firms, with emphasis on SGI firms in the 

geographic service area (5 points); 

(c) Financing—Experience in and 

knowledge of the preparation and 

formulation of successful financial 

transactions, with an emphasis on the 

geographic service area (5 points); 

(d) Procurements and Contracting— 

Experience in and knowledge of the 

public and private sector contracting 

opportunities for minority businesses, 

as well as demonstrated expertise in 

assisting clients into supply chains (5 

points); 

(e) Financing Networks—Resources 

and professional relationships within 

the corporate, banking and investment 

community that may be beneficial to 

minority-owned firms (5 points); 

(f) Establishment of a Self-Sustainable 

Service Model—Summary plan to 

establish a self-sustainable model for 

continued services to the MBE 

communities beyond the MBDA award 

period (3 points); 

(g) MBE Advocacy—Experience and 

expertise in advocating on behalf of 

minority communities and minority 

businesses, both as to specific 

transactions in which a minority 

business seeks to engage and as to broad 

market advocacy for the benefit of the 

minority community at large (3 points); 

and 

(h) Key Staff—Assessment of the 

qualifications, experience and proposed 

role of staff that will operate the MBEC. 

In particular, an assessment will be 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4373 

made to determine whether proposed 

key staff possess the expertise in 

utilizing information systems and the 

ability to successfully deliver program 

services. At a minimum the applicant 

must identify a proposed project 

director. (10 points). 

2. Resources (20 Points) 

The applicant’s proposal will be 

evaluated as followed: 

(a) Resources—Resources (not 

included as part of the non-federal cost 

share) that will be used in implementing 

the program, including but not limited 

to existing prior and/or current data lists 

that will serve in fostering immediate 

success for the MBEC (8 points); 

(b) Location—Assessment of the 

applicant’s strategic rationale for the 

proposed physical location of the 

MBEC. Applicant is encouraged to 

establish a location for the MBEC that is 

in a building which is separate and 

apart from any of the applicant’s 

existing offices in the geographic service 

area (2 points); 

(c) Partners—How the applicant plans 

to establish and maintain the network of 

strategic partners and the manner in 

which these partners will support the 

MBEC in meeting program performance 

goals (5 points); and 

(d) Equipment—How the applicant 

plans to satisfy the MBEC information 

technology requirements, including 

computer hardware, software 

requirements and network map (5 

points). 

3. Techniques and Methodologies (20 

Points) 

The applicant’s proposal will be 

evaluated as follows: 

(a) Performance Measures—For each 

funding period, the manner in which 

the applicant relates each performance 

measure to the financial information 

and market resources available in the 

geographic service area (including 

existing client list); how the applicant 

will create MBEC brand recognition 

(marketing plan); and how the applicant 

will satisfy program performance goals. 

In particular, emphasis may be placed 

on the manner in which the applicant 

matches MBEC performance goals with 

client service hours and how it accounts 

for existing market conditions in its 

strategy to achieve such goals (10 

points); 

(b) Start-up Phase—How the 

applicant will commence MBEC 

operations within the initial 30-day 

period. The MBEC shall have thirty (30) 

days to become fully operational after 

an award is made (3 points); and 

(c) Work Requirement Execution 

Plan—The applicant will be evaluated 

on how effectively and efficiently staff 

time will be used to achieve the work 

requirements, particularly with respect 

to periods beyond the start-up phase (7 

points). 

4. Proposed Budget and Budget 

Narrative (20 Points) 

The applicant’s proposal will be 

evaluated as follows: 

(a) Reasonableness, Allowability and 

Allocability of Proposed Program Costs. 

All of the proposed program costs 

expenditures should be discussed and 

the budget line-item narrative must 

match the proposed budget. Fringe 

benefits and other percentage item 

calculations should match the proposed 

budget line-item and narrative (5 

points); 

(b) Non-Federal Cost Share. The 

required 20% non-Federal share must 

be adequately addressed and properly 

documented, including but not limited 

to how client fees (if proposed) will be 

used by the applicant in meeting the 

non-federal cost-share (5 points); and 

(c) Performance-Based Budgeting. The 

extent to which the line-item budget 

and budget narrative relate to the 

accomplishment of the MBEC work 

requirements and performance measures 

(i.e., performance-based budgeting) (10 

points). 

Bonus for Non-Federal Cost Sharing 

(maximum of 5 points): Proposals with 

non-federal cost sharing exceeding 20% 

of the total project costs will be awarded 

bonus points on the following scale: 

More than 20%—less than 25% = 1 

point; 25% or more—less than 30% = 2 

points; 30% or more—less than 35% = 

3 points; 35% or more—less than 40% 

= 4 points; and 40% or more = 5 points. 

Non-federal cost sharing of at least 20% 

is required under the MBEC Program. 

Non-federal cost sharing is the portion 

of the total project cost not borne by the 

Federal Government and may be met by 

the applicant in any one or more of the 

following four means (or a combination 

thereof): (1) Client fees; (2) cash 

contributions; (3) non-cash applicant 

contributions; or, (4) third party in-kind 

contributions. 

5. Oral Presentation—Optional (10 

Points) 

Oral presentations are optional and 

held only when requested by MBDA. 

This action may be initiated for the top 

two (2) ranked applications. Oral 

presentations will be used to establish a 

final evaluation and ranking. 

The applicant’s presentation will be 

evaluated as to the extent to which the 

presentation demonstrates: 

(a) How the applicant will effectively 

and efficiently assist MBDA in the 

accomplishment of its mission (2 

points); 

(b) Business operating priorities 

designed to manage a successful MBEC 

(2 points); 

(c) A management philosophy that 

achieves an effective balance between 

micromanagement and complete 

autonomy for its Project Director (2 

points); 

(d) Robust search criteria for the 

identification of a Project Director (1 

point); 

(e) Effective employee recruitment 

and retention policies and procedures (1 

point); and 

(f) A competitive and innovative 

approach to exceeding performance 

requirements (2 points). 

Funding Priorities: Preference may be 

given during the selection process to 

applications which address the 

following MBDA funding priorities: 

(a) Proposals that include 

performance goals that exceed by 10% 

or more the minimum performance goal 

requirements in the FFO; 

(b) Applicants who demonstrate an 

exceptional ability to identify and work 

towards the elimination of barriers 

which limit the access of minority 

businesses to markets and capital; 

(c) Applicants who demonstrate an 

exceptional ability to identify and work 

with minority firms seeking to obtain 

large-scale contracts and/or insertion 

into supply chains with institutional 

customers; 

(d) Proposals that take a regional 

approach in providing services to 

eligible clients; or 

(e) Proposals from applicants with 

pre-existing or established operations in 

the identified geographic service area. 

Review and Selection Process 

1. Initial Screening 

Prior to the formal paneling process, 

each application will receive an initial 

screening to ensure that all required 

forms, signatures and documentation 

are present. An application will be 

considered non-responsive and will not 

be evaluated by the review panel if it is 

received after the closing date for 

receipt of applications, the applicant 

fails to submit an original, signed Form 

SF–424 by the application closing date 

(paper applications only), or the 

application does not provide for the 

operation of a MBEC. Other application 

deficiencies may be accounted for 

through point deductions during panel 

review. 

2. Panel Review 

Each application will receive an 

independent, objective review by a 

4374 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

panel qualified to evaluate the 

applications submitted. The review 

panel will consist of at least 3 persons, 

all of whom will be full-time federal 

employees and at least one of whom 

will be an MBDA employee, who will 

review the applications for a specified 

project based on the above evaluation 

criterion. Each reviewer shall evaluate 

and provide a score for each proposal. 

Each project review panel (through the 

panel Chairperson) shall provide the 

MBDA National Director 

(Recommending Official) with a ranking 

of the applications based on the average 

of the reviewers’ scores and shall also 

provide a recommendation regarding 

funding of the highest scoring 

application. 

3. Oral Presentation—Upon MBDA 

Request 

MBDA may invite the two (2) topranked applicants to develop and 

provide an oral presentation. If an oral 

presentation is requested, the affected 

applicants will receive a formal 

communication (via standard mail, email or fax) from MBDA indicating the 

time and date for the presentation. Inperson presentations are not mandatory 

but are encouraged; telephonic 

presentations are acceptable. Applicants 

will be asked to submit a PowerPoint 

presentation (or equivalent) to MBDA 

that addresses the oral presentation 

criteria set forth above. The presentation 

must be submitted at least 24 hours 

before the scheduled date and time of 

the presentation. The presentation will 

be made to the MBDA National Director 

(or his/her designee) and up to three 

senior MBDA staff who did not serve on 

the original review panel. The oral 

panel members may ask follow-up 

questions after the presentation. MBDA 

will provide the teleconference dial-in 

number and pass code. Each applicant 

will present to MBDA staff only; 

competitors are not permitted to listen 

(and/or watch) other presentations. 

All costs pertaining to this 

presentation shall be borne by the 

applicant. MBEC award funds may not 

be used as a reimbursement for this 

presentation. MBDA will not accept any 

requests or petitions for reimbursement. 

The oral panel members shall score 

each presentation in accordance with 

the oral presentation criterion provided 

above. An average score shall be 

compiled and added to the score of the 

original panel review. 

4. Final Recommendation 

The MBDA National Director makes 

the final recommendation to the Grants 

Officer regarding the funding of one 

application under this competitive 

solicitation. MBDA expects to 

recommend for funding the highest 

ranking application, as evaluated and 

recommended by the review panel and 

taking into account oral presentations 

(as applicable). However, the MBDA 

National Director may not make any 

selection, or he/she may select an 

application out of rank order for the 

following reasons: 

(a) A determination that an 

application better addresses one or more 

of the funding priorities for this 

competition. The National Director (or 

his/her designee) reserves the right to 

conduct one or more site visits (subject 

to the availability of funding), in order 

to make a better assessment of an 

applicant’s capability to achieve the 

funding priorities; or 

(b) The availability of MBDA funding. 

Prior to making a final 

recommendation to the Grants Officer, 

MBDA may request that the apparent 

winner of the competition provide 

written clarifications (as necessary) 

regarding its application. 

Authority: 15 U.S.C. Section 1512 and 

Executive Order 11625. 

Catalog of Federal Domestic 

Assistance (CFDA): 11.800, Minority 

Business Enterprise Centers. 

Intergovernmental Review: 

Applications under this program are not 

subject to Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs.’’ 

Limitation of Liability: Funding for 

the program listed in this notice is 

contingent upon the availability of FY 

2009 appropriations. MBDA issues this 

notice subject to the appropriations 

made available under the current 

continuing resolution, H.R. 2638, 

‘‘Consolidated Security, Disaster 

Assistance, and Continuing 

Appropriations Act, 2009,’’ Public Law 

110–329. In no event will MBDA or the 

Department of Commerce be responsible 

for proposal preparation costs if the 

MBEC Program fails to receive funding 

or is cancelled because of Department of 

Commerce or MBDA priorities. All 

funding periods under the award are 

subject to the availability of funds to 

support the continuation of the project. 

Publication of this notice does not 

obligate MBDA or the Department of 

Commerce to award any specific project 

or to obligate any available funds. 

Universal Identifier: Applicants 

should be aware that they will be 

required to provide a Dun and 

Bradstreet Data Universal Numbering 

system (DUNS) number during the 

application process. See the June 27, 

2003 Federal Register notice (68 FR 

38402) for additional information. 

Organizations can receive a DUNS 

number at no cost by calling the 

dedicated toll-free DUNS Number 

request line at 1–866–705–5711 or by 

accessing the Grants.gov Web site at 

http://www.Grants.gov. 

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 contained 

in the Federal Register notice of 

February 11, 2008 (73 FR 7696) are 

applicable to this solicitation. 

Paperwork Reduction Act: This 

document contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA). 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 provisions of 

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 

Paperwork Reduction Act unless that 

collection displays a currently valid 

OMB Control Number. 

Executive Order 12866: This notice 

has been determined to be not 

significant for purposes of E.O. 12866. 

Administrative Procedure Act/ 

Regulatory Flexibility Act: Prior notice 

and an opportunity for public comment 

are not required by the Administrative 

Procedure Act for rules concerning 

public property, loans, grants, benefits, 

or contracts (5 U.S.C. 533(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 533 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis is not required and 

has not been prepared. 

Dated: January 16, 2009. 

Edith J. McCloud, 

Associate Director for Management, Minority 

Business Development Agency. 

[FR Doc. E9–1525 Filed 1–23–09; 8:45 am] 

BILLING CODE 3510–21–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XL79 

Marine Mammals; File No. 87–1591 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and