94-25674. Financial Assistance for Research and Development Projects to Strengthen and Develop the U.S. Fishing Industry  

  • [Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-25674]
    
    
    [[Page Unknown]]
    
    [Federal Register: October 18, 1994]
    
    
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    DEPARTMENT OF COMMERCE
    National Oceanic and Atmospheric Administration
    [Docket No. 940972-4272; I.D. 101194A]
    RIN 0648-ZA09
    
     
    
    Financial Assistance for Research and Development Projects to 
    Strengthen and Develop the U.S. Fishing Industry
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Notice of availability of Federal assistance.
    
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    SUMMARY: NMFS issues this notice describing the conditions under which 
    applications will be accepted under the Saltonstall-Kennedy (S-K) Grant 
    Program and how NMFS will select applications for funding in FY 1995. 
    The S-K Grant Program assists eligible applicants in carrying out 
    research and development projects that address aspects of U.S. 
    fisheries involving the U.S. fishing industry (commercial or 
    recreational) including, but not limited to, harvesting, processing, 
    marketing, and associated infrastructures.
    
    DATES: Applications must be received by December 19, 1994. Applicants 
    must submit one signed original and two copies of the completed 
    application. No facsimile applications will be accepted. Generally, the 
    time required to process applications is 120 days from the closing date 
    of the solicitation.
    
    ADDRESSES: Application packages can be obtained from, and completed 
    applications sent to any office listed below.
        Director, Office of Trade and Industry Services, National Marine 
    Fisheries Service, 1315 East-West Highway, Room 12660, Silver Spring, 
    MD 20910, Telephone: (301) 713-2358.
        Regional Director, National Marine Fisheries Service, One Blackburn 
    Drive, Gloucester, MA 01930, Telephone: (508) 281-9267.
        Regional Director, National Marine Fisheries Service, Koger Bldg., 
    9721 Executive Center Drive, North, St. Petersburg, FL 33702, 
    Telephone: (813) 893-3720.
        Regional Director, National Marine Fisheries Service, 501 West 
    Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213, Telephone: 
    (310) 980-4033.
        Regional Director, National Marine Fisheries Service, BIN C15700, 
    7600 Sand Point Way, N.E., Seattle, WA 98115, Telephone: (206) 526-
    6117.
        Regional Director, National Marine Fisheries Service, P.O. Box 
    21668, Juneau, AK 99802, or Federal Building, 709 W. 9th Street, 4th 
    Floor, Juneau, AK 99801, Telephone: (907) 586-7425.
    
    FOR FURTHER INFORMATION CONTACT: Elizabeth Lu Cano, S-K Program Office, 
    NMFS, (301) 713-2358.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Introduction
    
    A. Background
    
        The Saltonstall-Kennedy (S-K) Act, as amended (15 U.S.C. 713c-3), 
    provides that a fund (known as the S-K fund) will be used to provide 
    grants for fisheries research and development projects. The Secretary 
    of Commerce makes such funds, as appropriated, available each year for 
    grants and cooperative agreements to assist persons in carrying out 
    research and development projects that address aspects of U.S. 
    commercial and recreational fisheries, including, but not limited to 
    harvesting, processing, marketing, and associated infrastructures. U.S. 
    fisheries\1\ include any fishery that is or may be engaged in by U.S. 
    citizens or nationals, or citizens of the Northern Mariana Islands, the 
    Republic of the Marshall Islands, Republic of Palau, and the Federated 
    States of Micronesia.
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        \1\For purposes of this notice, a fishery is defined as one or 
    more stocks of fish, including tuna, and shellfish that are 
    identified as a unit based on geographic, scientific, technical, 
    recreational and economic characteristics, and any and all phases of 
    fishing for such stocks. Examples of a fishery are Alaskan 
    groundfish, Pacific whiting, and New England whiting.
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        Passage of the Magnuson Fishery Conservation and Management Act in 
    1976 gave the domestic fishing industry priority access to the fishery 
    resources in the U.S. Exclusive Economic Zone (EEZ) while restricting 
    the direct participation by foreign harvesting and processing vessels. 
    In 1979, a Prospectus for Development of the United States Fisheries 
    was prepared for the Department of Commerce to support its efforts 
    concerning policy for strengthening the Nation's seafood industry. The 
    prospectus concluded that significant benefits would be gained by 
    society from developing underutilized fish and shellfish resources 
    available within the EEZ, and that Federal Government support was 
    needed to realize such benefits.
        In May 1979, the Carter Administration adopted a fisheries 
    development policy and program that advocated a government/industry 
    partnership for the accelerated development of U.S. fisheries. In 
    support of that policy, the Congress passed the American Fisheries 
    Promotion Act in December 1980 which authorized the S-K Grant Program.
        The initial focus of the S-K Grant Program, consistent with its 
    legislative mandate, was on development of nontraditional species, such 
    as North Pacific groundfish and East Coast squid. In the ensuing years, 
    as most nontraditional species were fully developed and traditional 
    fisheries became overfished, S-K program priorities evolved to include 
    a wide range of resource conservation and management issues and 
    aquaculture.
        In 1993, NOAA developed a long-range Strategic Plan that included a 
    focus on rebuilding U.S. fisheries for sustainable use. By addressing 
    such issues as overfishing and wasteful bycatch of nontarget species, 
    optimum utilization, and development of aquaculture, NOAA will assist 
    the fishing industry in remaining competitive while supporting 
    sustainable and healthy fisheries. This Strategic Plan, along with 
    input from the public, has guided the development of the priorities 
    contained in this solicitation notice.
    
    B. Funding
    
        NMFS issues this notice to solicit applications for Federal 
    assistance, pursuant to 15 U.S.C. 713c-3(c), describing the conditions 
    under which applications will be accepted under the S-K Grant Program 
    and how NMFS will select the applications it will fund.
        In FY 1995, funding for the S-K Program will be approximately $7.1 
    million.
    
    C. Catalogue of Federal Domestic Assistance
    
        The S-K Grant Program is listed in the Catalogue of Federal 
    Domestic Assistance under number 11.427, Fisheries Development and 
    Utilization Research and Demonstration Grants and Cooperative 
    Agreements Program.
    
    II. Funding Priorities
    
        The priorities listed below are fewer in number and more general in 
    scope than in previous years. Past solicitations defined priorities 
    with a high degree of precision in an attempt to focus narrowly 
    potential applications. The priorities contained in this solicitation 
    are intended to provide potential applicants with a general sense of 
    program focus and are not intended to limit or further constrain the 
    development of proposals by potential applicants.
        If proposals received do not adequately respond to these 
    priorities, NMFS may carry out a national program of research and 
    development addressed to aspects of U.S. fisheries pursuant to section 
    713c-3(d) of the S-K Act, as amended.
        Proposals submitted in response to the priorities must build upon 
    or take into account any past and current work in the area, as well as 
    relevant research in related fields. Information on ongoing and past 
    studies is available from NMFS at addresses listed.
        Funding will not be provided for projects primarily involving 
    infrastructure construction, port and harbor development, and start-up 
    or operational costs for private business ventures.
        Consideration will be given to applications that address the 
    following priorities, which are listed in no particular order.
    
    A. Optimum Utilization of Harvestable Marine Resources
    
        Develop innovative approaches for deriving optimum value from 
    harvestable marine resources available to the fishing industry while 
    creating sustainable economic development opportunities. These may 
    include new or improved product/byproduct development, value-added 
    processing technology, and processing or marketing strategies and 
    infrastructures.
    
    B. Sustainable Resource Recovery and Conservation
    
    1. Bycatch.
        Develop methods for eliminating or reducing the inadvertent take, 
    capture, or destruction of nontargeted, protected, or prohibited 
    species (e.g., juvenile or sublegal-sized fish and shellfish, females 
    of certain crabs, marine turtles, marine mammals) in fishing operations 
    through the technical development, demonstration, or evaluation of 
    fishing gear or harvesting strategies.
    2. Fisheries Management
        Conduct biological, economic, social, and other studies to improve 
    fisheries management, including but not limited to, assessment of 
    alternative management systems and resolution of user conflicts. 
    Projects primarily involving data collection should be directed to a 
    specific problem or need, and be of a fixed duration, not of a 
    continuing nature.
    
    C. Aquaculture
    
        Develop or demonstrate cost-effective approaches for advancing 
    environmentally sound private aquaculture development, including those 
    associated with culturing systems, disease control, and regulatory 
    requirements.
    
    D. Product Quality and Safety
    
        Develop improved approaches to control seafood processing and 
    environmentally induced hazards associated with fish and shellfish and 
    their products.
    
    III. How To Apply
    
    A. Eligible Applicants
    
        Applications for grants or cooperative agreements for fisheries 
    research and development projects may be made, in accordance with the 
    procedures set forth in this notice, by:
        1. Any individual who is a citizen or national of the United 
    States;
        2. Any individual who is a citizen of the Northern Mariana Islands 
    (NMI), being an individual who qualifies as such under section 8 of the 
    Schedule on Transitional Matters attached to the constitution of the 
    NMI;
        3. Any individual who is a citizen of the Republic of the Marshall 
    Islands, Republic of Palau, or the Federated States of Micronesia; or
        4. Any corporation, partnership, association, or other entity, non-
    profit or otherwise, if such entity is a citizen of the United States 
    within the meaning of section 2 of the Shipping Act, 1916, as amended 
    (46 App. U.S.C. 802).
        DOC/NOAA/NMFS are committed to cultural and gender diversity in 
    their programs and encourage women and minority individuals and groups 
    to submit applications. Recognizing the interest of the Secretaries of 
    Commerce and Interior in defining appropriate fisheries policies and 
    programs that meet the needs of the U.S. insular areas, applications 
    that meet such needs are also encouraged.
        DOC/NOAA/NMFS employees, including full-time, part-time, and 
    intermittent personnel (or their spouses or blood relatives who are 
    members of their immediate households) are not eligible to submit an 
    application under this solicitation or aid in the preparation of an 
    application, except to provide information on program goals, funding 
    priorities, application procedures, and completion of application 
    forms. Since this is a competitive program, assistance will not be 
    provided in conceptualizing, developing, or structuring competitive 
    proposals.
    
    B. Duration and Terms of Funding.
    
        Generally, grants or cooperative agreements are awarded for a 
    period of 1 year, but no more than 18 months at a time.
        If an application for an award is selected for funding, NMFS has no 
    obligation to provide any additional prospective funding in connection 
    with that award. Renewal of an award to increase funding or extend the 
    period of performance is at the total discretion of the agency.
        Publication of this announcement does not obligate NMFS to award 
    any specific grant or cooperative agreement or to obligate any part or 
    the entire amount of funds available.
    
    C. Cost-Sharing.
    
        Although the S-K Act, as amended, does not require that applicants 
    share in the total costs of a project, it is encouraged. Cost-sharing 
    will not be a factor in the technical evaluation of an application. 
    However, the degree of cost-sharing may be taken into account in the 
    final selection of projects to be funded. If applicants choose to cost-
    share, and if their applications are selected for funding, those 
    applicants will be obligated to account for the amount of cost-share 
    reflected in the award documents.
        If project costs are shared, NMFS must provide at least 50 percent 
    of total project costs, as provided by statute. The percentage of the 
    total project costs provided from non-Federal sources may be up to 50 
    percent of the costs of the project. The non-Federal share may include 
    funds received from private sources or from state or local governments 
    or the value of in-kind contributions. Federal funds may not be used to 
    meet the non-Federal share except as provided by Federal statute. In-
    kind contributions are noncash contributions provided by the applicant 
    or non-Federal third parties. In-kind contributions may be in the form 
    of, but are not limited to, personal services rendered in carrying out 
    functions related to the project, and permission to use real or 
    personal property owned by others (for which consideration is not 
    required) in carrying out the project.
        The appropriateness of all cost-sharing proposals, including the 
    valuation of in-kind contributions, will be determined on the basis of 
    guidance provided in the relevant Office of Management and Budget (OMB) 
    Circulars. In general, the value of in-kind services or property used 
    to fulfill the applicant's cost-share will be the fair market value of 
    the services or property. Thus, the value is equivalent to the costs of 
    obtaining such services or property if they had not been donated. 
    Appropriate documentation must exist to support in-kind services or 
    property used to fulfill the applicant's cost-share.
    
    D. Format
    
        Applications for project funding must be complete. They must 
    identify the principal participants and include copies of any 
    agreements between the participants and the applicant describing the 
    specific tasks to be performed. Project applications must identify the 
    specific priority(ies) contained in section II of this document to 
    which the application responds. If an application does not respond to a 
    priority, it should be so stated. Project applications must be clearly 
    and completely submitted in the format that follows.
    1. Cover Sheet
        An applicant must use OMB Standard Form 424 (4-92) as the cover 
    sheet for each project. (In completing item 16 of Standard Form 424, 
    see section V.A.5. of this notice.)
    2. Project Summary
        An applicant must complete NOAA Form 88-204 (10-92), Project 
    Summary, for each project.
    3. Project Budget
        A budget must be submitted for each project, using NOAA Form 88-205 
    (10-92), Project Budget. The applicants must submit cost estimates 
    showing total project costs. Cost-sharing is discretionary, but if 
    applicants choose to cost share, both the Federal and non-Federal 
    shares must be shown, divided into cash and in-kind contributions. To 
    support the budget, the applicant must describe briefly the basis for 
    estimating the value of the matching funds derived from in-kind 
    contributions. Estimates of the direct costs must be specified in the 
    categories listed on the Project Budget form. The budget may also 
    include an amount for indirect costs if the applicant has an 
    established indirect cost rate with the Federal Government. Estimated 
    or provisional indirect cost rates may be included pending approval of 
    negotiated Federal indirect cost rates by the applicant's cognizant 
    agency. However, this program limits the indirect cost rate that may be 
    charged to 25 percent of the Federal share of total direct costs or the 
    applicant's negotiated indirect cost rate, whichever is less. 
    Applicants with indirect cost rates above 25 percent of the Federal 
    share may use the amount above the 25 percent level as part of the non-
    Federal share. A copy of the current, approved, negotiated indirect 
    cost agreement with the Federal Government must be included.
        NOAA will not consider fees or profits as allowable costs for 
    applicants.
        The total costs of a project consist of all costs incurred in the 
    performance of project tasks, including the value of in-kind 
    contributions, to accomplish the objectives of the project during the 
    period the project is conducted. A project begins on the effective date 
    of an award agreement between the applicant and an authorized 
    representative of the U.S. Government and ends on the date specified in 
    the award. Accordingly, the time expended and costs incurred in either 
    the development of a project or the financial assistance application, 
    or in any subsequent discussions or negotiations prior to award, are 
    neither reimbursable nor recognizable as part of the cost-share.
    4. Narrative Project Description
        As a guideline, the narrative project description may be up to 15 
    pages in length. NMFS will make all portions of the project description 
    available to the public and members of the fishing industry for review 
    and comment; therefore, NMFS will not guarantee the confidentiality of 
    any information submitted as part of any project, nor will NMFS accept 
    for consideration any project requesting confidentiality of any part of 
    the project. Each project must be described as follows:
        a. Identification of Problem(s): For new projects, identify and 
    completely describe the problem(s) the project addresses. As 
    appropriate, in this description include: (1) The fisheries involved, 
    (2) the specific problem(s) being addressed, (3) the sectors of the 
    fishing industry that are affected, and (4) the specific priority(ies) 
    to which the project responds. If the application is for the 
    continuation of an existing S-K funded project, describe in detail 
    progress to date and explain why continued funding is necessary.
        b. Project Goals and Objectives: State what the proposed project is 
    expected to accomplish, and describe how this will eliminate or reduce 
    the problem(s) described in 4.a. above.
        c. Need for Government Financial Assistance: Explain why government 
    financial assistance is needed for the proposed work. List all other 
    sources of funding that are being or have been sought for the project.
        d. Participation by Persons or Groups Other Than the Applicant: 
    Describe: (1) The participation by government and non-government 
    entities, particularly members of the fishing industry, required in the 
    project(s); and (2) the nature of such participation. In addition, list 
    names and addresses of the members of the fishing industry consulted 
    during the preparation of the project description.
        e. Federal, State, and Local Government Activities and Permits: 
    List any existing Federal, state, or local government programs or 
    activities that this project would affect, including activities 
    requiring certification under state Coastal Zone Management Programs, 
    those requiring Section 404 or Section 10 permits issued by the Corps 
    of Engineers, those requiring experimental fishing or other permits 
    under fishery management plans, and those requiring scientific permits 
    under the Endangered Species Act and/or the Marine Mammal Protection 
    Act. Describe the relationship between the project and these plans or 
    activities, and list names and addresses of persons providing this 
    information.
        f. Project Statement of Work: The statement of work is an action 
    plan of activities to be conducted during the period of the project. 
    This section requires the applicant to prepare a detailed narrative, 
    fully describing the work to be performed that will achieve the 
    previously articulated goals and objectives. A milestone chart that 
    outlines major goals, supporting work activities, timeframe, and 
    individuals responsible for various work activities must be included. 
    The narrative should include information that responds to the following 
    questions:
        (1) How will the project be designed?
        (2) What major products (e.g., research, services, or reports) will 
    result and what are their specific purposes?
        (3) What work, activities, procedures, statistical design or 
    analytical methods (be as specific as possible) will be undertaken to 
    produce major products?
        (4) Who will be responsible for carrying out the various 
    activities? (Highlight work that will be subcontracted and provisions 
    for competitive subcontracting.)
        The milestone chart should graphically illustrate:
        (1) Steps to accomplish the major products, research, services and/
    or activities;
        (2) Supporting activities and associated timelines, e.g., month 1, 
    month 2; and
        (3) The individual(s) responsible for the various activities.
        Because this information is critical to understanding and reviewing 
    the application, NMFS encourages applicants to provide sufficient 
    detail. Applications lacking sufficient detail may be eliminated from 
    further consideration.
        g. Project Management: Describe how the project will be organized 
    and managed. List all persons directly employed by the applicant who 
    will be involved in the project, their qualifications, experience, and 
    level of involvement in the project. If any portion of the project will 
    be conducted through consultants and/or subcontracts, applicants, as 
    appropriate, must follow procurement guidance in 15 CFR part 24, 
    ``Grants and Cooperative Agreements to State and Local Governments,'' 
    and OMB Circular A-110 for Institutions of Higher Education, Hospitals, 
    and other Non-profit Organizations. Commercial organizations and 
    individuals who apply should use OMB Circular A-110. If a consultant 
    and/or subcontractor is selected prior to application submission, 
    include the name and qualifications of the consultant and/or 
    subcontractor and the process used for selection.
        h. Project Impacts: Describe the anticipated impacts of the project 
    in terms of landings, production, sales, improvement in product quality 
    or safety, or other measurable factors. Describe how the results of the 
    project will be made available to the public.
        i. Evaluation of Project: Describe the procedures for evaluating 
    the relative success or failure of a project in achieving its 
    objectives.
    5. Supporting Documentation:
        This section should include any required documents and any 
    additional information necessary or useful to the description of the 
    project. The amount of information given in this section will depend on 
    the type of project proposed. Information presented in this section 
    should be clearly referenced in the project description, where 
    appropriate.
    
    IV. Evaluation Criteria and Selection Procedures
    
    A. Evaluation of Proposed Projects
    
    1. Initial Screening of Applications
        Upon receipt NMFS will screen applications for conformance with 
    requirements set forth in this notice. Applications which do not 
    conform to the requirements may not be considered for further 
    evaluation.
    2. Consultation With Interested Parties
        As appropriate, NMFS will consult with NMFS Offices, the NOAA 
    Grants Management Division, Department and other Federal and state 
    agencies, the Regional Fishery Management Councils, and other 
    interested parties who may be affected by or have knowledge of a 
    specific proposal or its subject matter.
    3. Public Review and Comment
        Applications that are regional in nature may be inspected at the 
    appropriate regional office (see ADDRESSES). All applications will be 
    available for inspection at the NMFS Office of Trade and Industry 
    Services, 1315 East-West Highway, Room 12550, Silver Spring, MD, from 
    December 27, 1994 to January 6, 1995. Written comments will be accepted 
    at the Silver Spring, MD office or at a regional office until January 
    6, 1995.
    4. Technical Evaluation
        NMFS will solicit individual written technical evaluations of each 
    project application from three or more appropriate private and public 
    sector experts. Point scores will be given to project applications 
    based on the following evaluation criteria:
        a. Problem Description and Conceptual Approach for Resolution. Both 
    the applicant's comprehension of the problem(s) and the overall concept 
    proposed to resolve the problem(s) will be evaluated. (25 points).
        b. Soundness of Project Design/Technical Approach. Applications 
    will be evaluated to determine whether or not the applicant provided 
    sufficient information to evaluate the project technically and, if so, 
    the strengths and/or weaknesses of the technical design proposed for 
    problem resolution. (25 points).
        c. Project Management and Experience and Qualifications of 
    Personnel. The organization and management of the project, and the 
    project's Principal Investigator and other personnel in terms of 
    related experience and qualifications will be evaluated. Those projects 
    that do not identify the Principal Investigator with his or her 
    qualifications will receive a lower point score. (20 points).
        d. Project Evaluation. The effectiveness of the applicant's 
    proposed methods to evaluate the project in terms of meeting its 
    original objectives will be evaluated. (10 points).
        e. Project Costs. The justification and allocation of the budget in 
    terms of the work to be performed will be evaluated. Unreasonably high 
    or low project costs will be taken into account. (20 points).
        f. In addition to the above criteria, in reviewing applications 
    that include consultants and contracts, NMFS will make a determination 
    regarding the following:
        (1) Is the involvement of the primary applicant necessary to the 
    conduct of the project and the accomplishment of its objectives?
        (2) Is the proposed allocation of the primary applicant's time 
    reasonable and commensurate with the applicant's involvement in the 
    project?
        (3) Are the proposed costs for the primary applicant's involvement 
    in the project reasonable and commensurate with the benefits to be 
    derived from the applicant's participation?
    5. Technical Panel
        Upon completion of the initial screening of applications, 
    consultations with interested parties, the public review and the 
    written technical evaluations, if deemed necessary, NMFS may convene a 
    panel of three or more technical experts to provide independent advice 
    as to which proposals have sufficient scientific and technical merit to 
    be further considered.
    6. Constituent Panel
        After the technical evaluation(s), comments will be solicited from 
    a panel of three or more representatives selected by the Assistant 
    Administrator for Fisheries, NOAA (AA), from the fishing industry, 
    state government, and others, as appropriate, to rank the projects. 
    Considered in the rankings, along with the technical evaluation, will 
    be the significance of the problem or opportunities addressed in the 
    project. Each panelist will rank each project in terms of importance or 
    need for funding and provide recommendations on the level of funding 
    NMFS should award to each project and the merits and benefits of 
    funding each project.
    
    B. Selection Procedures and Project Funding
    
        After projects have been evaluated and ranked, the reviewing NMFS 
    offices will develop recommendations for project funding. These 
    recommendations will be submitted to the AA who will determine the 
    projects to be funded, ensuring that there is no duplication with other 
    projects funded by NOAA or other Federal organizations, and that the 
    projects selected for funding are those that best meet the objectives 
    of the S-K Grant Program.
        The exact amount of funds awarded to a project will be determined 
    in preaward negotiations between the applicant and NOAA/NMFS program 
    and grants management representatives. The funding instrument (grant or 
    cooperative agreement) will be determined by the NOAA Grants Management 
    Division. Projects should not be initiated in expectation of Federal 
    funding until a notice of award document is received.
    
    V. Administrative Requirements
    
    A. Obligation of the Applicant
    
        An Applicant must:
        1. Meet all application requirements and provide all information 
    necessary for the evaluation of the project.
        2. Be available, upon request, in person or by designated 
    representative, to respond to questions during the review and 
    evaluation of the project(s).
        3. Primary Applicant Certification. Applicants whose applications 
    are recommended for funding will be required to complete Form CD-511, 
    ``Certification Regarding Debarment, Suspension and Other 
    Responsibility Matters; Drug-Free Workplace Requirements and 
    Lobbying,'' and the following explanations are hereby provided:
        a. Nonprocurement Debarment and Suspension. Prospective 
    participants (as defined at 15 CFR part 26, section 105) are subject to 
    15 CFR part 26, ``Nonprocurement Debarment and Suspension'' and the 
    related section of the certification form prescribed above applies;
        b. Drug-Free Workplace. Grantees (as defined at 15 CFR part 26, 
    section 605) are subject to 15 CFR part 26, subpart F, ``Governmentwide 
    Requirements for Drug-Free Workplace (Grants),'' and the related 
    section of the certification form prescribed above applies;
        c. Anti-Lobbying. Persons (as defined at 15 CFR part 28, section 
    105) are subject to the lobbying provisions of 31 U.S.C. 1352, 
    ``Limitation on use of appropriated funds to influence certain Federal 
    contracting and financial transactions,'' and the lobbying section of 
    the certification form prescribed above applies to applications/bids 
    for grants, cooperative agreements, and contracts for more than 
    $100,000, and loans and loan guarantees for more than $150,000, or the 
    single family maximum mortgage limit for affected programs, whichever 
    is greater; and
        d. Anti-Lobbying Disclosures. Any applicant who has paid or will 
    pay for lobbying using any funds must submit an SF-LLL, ``Disclosure of 
    Lobbying Activities,'' as required under 15 CFR part 28, appendix B.
        4. Lower Tier Certifications. Applicants whose applications are 
    recommended for funding shall require applicants/bidders for subgrants, 
    contracts, subcontracts, or other lower tier covered transactions at 
    any tier under the award to submit, if applicable, a completed Form CD-
    512, ``Certifications Regarding Debarment, Suspension, Ineligibility 
    and Voluntary Exclusion-Lower Tier Covered Transactions and Lobbying'' 
    and disclosure form SF-LLL, ``Disclosure of Lobbying Activities.'' Form 
    CD-512 is intended for the use of recipients and should not be 
    transmitted to the Department of Commerce (DOC). SF-LLL submitted by 
    any tier recipient or subrecipient should be submitted to DOC in 
    accordance with the instructions contained in the award document.
        All required forms discussed in sections V.A.3. and 4. will be 
    provided to successful applicants.
        5. Intergovernmental Review of Federal Programs. This program is 
    covered by E.O. 12372. Any applicant submitting an application for 
    funding is required to complete item 16 on Standard Form 424 (4-92) 
    regarding clearance by the State Point Of Contact (SPOC) established as 
    a result of E.O. 12372. A list of SPOCs may be obtained from any of the 
    NMFS offices listed in this notice (see ADDRESSES).
    
    B. Other Requirements
    
    1. Federal Policies and Procedures
        Recipients and subrecipients are subject to all Federal laws and 
    Federal and DOC policies, regulations, and procedures applicable to 
    Federal financial assistance awards.
    2. Name Check Review
        All recipients are subject to a name check review process. Name 
    checks are intended to reveal if any key individuals associated with 
    the recipient have been convicted of, or are presently facing, criminal 
    charges such as fraud, theft, perjury, or other matters that 
    significantly reflect on the recipient's management, honesty, or 
    financial integrity.
    3. Financial Management Certification/Preaward Accounting Survey
        Successful applicants for S-K funding, at the discretion of the 
    NOAA Grants Officer, may be required to have their financial management 
    systems certified by an independent public accountant as being in 
    compliance with Federal standards specified in the applicable OMB 
    Circulars prior to execution of the award. Any first-time applicant for 
    Federal grant funds may be subject to a preaward accounting survey by 
    the DOC prior to execution of the award.
    4. Past Performance
        Unsatisfactory performance under prior Federal awards may result in 
    an application not being considered for funding.
    5. Delinquent Federal Debts
        No award of Federal funds shall be made to an applicant who has an 
    outstanding delinquent Federal debt until either:
        a. The delinquent account is paid in full,
        b. A negotiated repayment schedule is established and at least one 
    payment is received, or
        c. Other arrangements satisfactory to DOC are made.
    6. Buy American-Made Equipment or Products
        Applicants are hereby notified that they are encouraged, to the 
    extent feasible, to purchase American-made equipment and products with 
    funding under this program in accordance with Congressional intent as 
    set forth in the resolution contained in Public Law 103-317, sections 
    607 (a) and (b).
    7. Preaward Activities
        If applicants incur any costs prior to an award being made, they do 
    so solely at their own risk of not being reimbursed by the Government. 
    Notwithstanding any verbal or written assurance that may have been 
    received, there is no obligation on the part of DOC to cover preaward 
    costs.
    8. False Statements
         A false statement on the application is grounds for denial or 
    termination of funds and grounds for possible punishment by a fine or 
    imprisonment (18 U.S.C. 1001).
    
    Classification
    
        This action has been determined to be not significant for purposes 
    of E.O. 12866.
        Applications under this program are subject to Executive Order 
    12372, ``Intergovernmental Review of Federal Programs.''
        This notice contains a collection-of-information requirement 
    subject to the Paperwork Reduction Act. The collection of this 
    information has been approved by the OMB, OMB control number 0648-0135.
        A notice of availability of financial assistance for fisheries 
    research and development projects will also appear in the Commerce 
    Business Daily.
    
        Dated: October 12, 1994.
    Gary Matlock,
    Program Management Officer for Fisheries, National Marine Fisheries 
    Service.
    [FR Doc. 94-25674 Filed 10-17-94; 8:45 am]
    BILLING CODE 3510-22-W
    
    
    

Document Information

Published:
10/18/1994
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Uncategorized Document
Action:
Notice of availability of Federal assistance.
Document Number:
94-25674
Dates:
Applications must be received by December 19, 1994. Applicants must submit one signed original and two copies of the completed application. No facsimile applications will be accepted. Generally, the time required to process applications is 120 days from the closing date of the solicitation.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: October 18, 1994, Docket No. 940972-4272, I.D. 101194A
RINs:
0648-ZA09