[Federal Register Volume 60, Number 33 (Friday, February 17, 1995)]
[Notices]
[Pages 9576-9589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4061]
[[Page 9575]]
_______________________________________________________________________
Part XII
Department of Education
_______________________________________________________________________
Telecommunications Demonstration Project for Mathematics; Notice
Inviting Applications for New Awards for Fiscal Year (FY) 1995; Notice
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 /
Notices
[[Page 9576]]
DEPARTMENT OF EDUCATION
[CFDA No. 84.286]
Telecommunications Demonstration Project for Mathematics; Notice
Inviting Applications for New Awards for Fiscal Year 1995
Note to Applicants: This notice is a complete application package.
Together with the statute authorizing the program and applicable
regulations governing the program, including the Education Department
General Administrative Regulations (EDGAR), the notice contains all of
the information, application forms, and instructions needed to apply
for a grant under this competition.
Purpose of Program: The purpose of the Telecommunications
Demonstration Project for Mathematics is to support a grant to a
nonprofit telecommunications entity, or partnership of such entities,
to carry out a national telecommunications-based demonstration project
to improve the teaching of mathematics.
Eligible Applicants: Nonprofit telecommunications entity or
partnership of such entities.
Deadline for Transmittal of Applications: April 12, 1995
Deadline for Intergovernmental Review: June 12, 1995
Estimated Available Funds: $2,250,000
Estimated Range of Awards: $2,250,000
Estimated Average Size of Awards: $2,250,000
Estimated Number of Awards: 1
Note: The Department is not bound by any estimates in this
notice.
Project Period: Up to 60 months
Budget Period: 12 months
Applicable Regulations
The Education Department General Administrative Regulations (EDGAR)
as follows:
(1) 34 CFR part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations).
(2) 34 CFR part 75 (Direct Grant Programs).
(3) 34 CFR part 77 (Definitions that Apply to Department
Regulations).
(4) 34 CFR part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(5) 34 CFR part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments).
(6) 34 CFR part 81 (General Education Provision Act--Enforcement).
(7) 34 CFR part 82 (New Restrictions on Lobbying).
(8) 34 CFR part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free
Workplace (Grants)).
(9) 34 CFR part 86 (Drug-Free Schools and Campuses).
Description of Program: The Telecommunications Demonstration
Project for Mathematics is authorized by Part D of Title III of the
Elementary and Secondary Education Act of 1965, as amended (20 U.S.C.
6951-6952).
The Secretary is authorized to award a grant to a nonprofit
telecommunications entity, or a partnership of such entities, to carry
out a national telecommunications-based demonstration project to
improve the teaching of mathematics. The project must be designed to
assist elementary and secondary school teachers in preparing all
students for achieving State content standards. The project must be
conducted at elementary and secondary school sites in at least 15
States.
Application Requirements: Each nonprofit telecommunications entity,
or partnership of such entities, that desires a grant must submit an
application that----
(1) Demonstrates that the applicant will use the existing publicly
funded telecommunications infrastructure to deliver video, voice and
data in an integrated service to train teachers in the use of new
standards-based curricula materials and learning technologies;
(2) Assures that the project for which assistance is sought will be
conducted in cooperation with appropriate State educational agencies,
local educational agencies, State or local nonprofit public
telecommunications entities, and a national mathematics education
professional association that has developed content standards; and
(3) Assures that at least 25 percent of the benefits available for
elementary and secondary schools from the project for which assistance
is sought will be available to schools of local educational agencies
which have a high percentage of children counted for the purpose of
part A of title I of the Elementary and Secondary Education Act of
1965, as amended.
Selection Criteria
(a)(1) The Secretary uses the following selection criteria to
evaluate applications for new grants under this competition. These are
the criteria for evaluating discretionary grants contained in the
Education Department General Administrative Regulations (EDGAR).
(2) The maximum score for all of these criteria is 100 points.
(3) The maximum score for each criterion is indicated in
parentheses.
(b) The criteria. (1) Meeting the purposes of the authorizing
statute. (30 points) The Secretary reviews each application to
determine how well the project will meet the purpose of Part D of Title
III of the Elementary and Secondary Education Act of 1965, as amended,
including consideration of----
(i) The objectives of the project; and
(ii) How the objectives of the project further the purposes of Part
D of Title III of the Elementary and Secondary Education Act of 1965,
as amended.
(2) Extent of need for the project. (20 points) The Secretary
reviews each application to determine the extent to which the project
meets specific needs recognized in Part D of Title III of the
Elementary and Secondary Education Act of 1965, as amended, including
consideration of--
(i) The needs addressed by the project;
(ii) How the applicant identified those needs;
(iii) How those needs will be met by the project; and
(iv) The benefits to be gained by meeting those needs.
(3) Plan of operation. (15 points) The Secretary reviews each
application to determine the quality of the plan of operation for the
project, including--
(i) The quality of the design of the project;
(ii) The extent to which the plan of management is effective and
ensures proper and efficient administration of the project;
(iii) How well the objectives of the project relate to the purpose
of the program;
(iv) The quality of the applicant's plan to use its resources and
personnel to achieve each objective;
(v) How the applicant will ensure that project participants who are
otherwise eligible to participate are selected without regard to race,
color, national origin, gender, age, or handicapping condition; and
(vi) For grants under a program that requires the applicant to
provide an opportunity for participation of students enrolled in
private schools, the quality of the applicant's plan to provide that
opportunity.
(4) Quality of key personnel. (10 points)
(i) The Secretary reviews each application to determine the quality
of key personnel the applicant plans to use on the project, including--
(A) The qualifications of the project director (if one is to be
used); [[Page 9577]]
(B) The qualifications of each of the other key personnel to be
used in the project;
(C) The time that each person referred to in paragraph (b)(4)(i)(A)
and (B) will commit to the project; and
(D) How the applicant, as part of its non-discriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
handicapping condition.
(ii) To determine personnel qualifications under paragraphs
(b)(4)(i)(A) and (B), the Secretary considers--
(A) Experience and training in fields related to the objectives of
the project; and
(B) Any other qualifications that pertain to the quality of the
project.
(5) Budget and cost effectiveness. (5 points) The Secretary reviews
each application to determine the extent to which--
(i) The budget is adequate to support the project; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(6) Evaluation plan. (15 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation--
(i) Are appropriate to the project; and
(ii) To the extent possible, are objective and produce data that
are quantifiable.
(Cross-reference: See 34 CFR 75.590 Evaluation by the grantee.)
(7) Adequacy of resources. (5 points) The Secretary reviews each
application to determine the adequacy of the resources that the
applicant plans to devote to the project, including facilities,
equipment, and supplies.
Intergovernmental Review of Federal Programs
This program is subject to the requirements of Executive Order
12372 (Intergovernmental Review of Federal Programs) and the
regulations in 34 CFR part 79.
The objective of the Executive order is to foster an
intergovernmental partnership and to strengthen federalism by relying
on State and local processes for State and local government
coordination and review of proposed Federal financial assistance.
Applicants must contact the appropriate State Single Point of
Contact to find out about, and to comply with, the State's process
under Executive Order 12372. Applicants proposing to perform activities
in more than one State should immediately contact, upon receipt of this
notice, the Single Point of Contact for each of those States and follow
the procedures established in those States under the Executive order.
If you want to know the name and address of any State Single Point of
Contact, see the list published in the Federal Register on June 10,
1994 (59 FR 30214-30216).
In States that have not established a process or chosen a program
for review, State, areawide, regional, and local entities may submit
comments directly to the Department.
Any State Process Recommendation and other comments submitted by a
State Single Point of Contact and any comments from State, area wide,
regional, and local entities must be mailed or hand-delivered by the
date indicated in this notice to the following address: The Secretary,
E.O. 12372--CFDA# 84.286, U.S. Department of Education, FB-10, Room
6213, 600 Independence Ave., SW., Washington, DC 20202-0125.
Proof of mailing will be determined on the same basis as
applications (see 34 CFR 75.102). Recommendations or comments may be
hand-delivered until 4:30 p.m. (Washington, DC time) on the date
indicated in this notice.
Please note that the above address is not the same address as the
one to which the applicant submits its completed application. Do not
send applications to the above address.
Instructions for Transmittal of Applications
(a) If an applicant wants to apply for a grant, the applicant
shall--
(1) Mail the original and two copies of the application on or
before the deadline date to: U.S. Department of Education, Application
Control Center, 600 Independence Avenue, SW., Attention: (CFDA#
84.286), Washington, DC 20202-4725.
(2) Hand deliver the original and two copies of the application by
4:30 p.m. (Washington, DC time) on the deadline date to: U.S.
Department of Education, Application Control Center, Room #3633,
Attention: (CFDA# 84.286), General Services Administration, National
Capital Region, 7th and D Streets, SW., Washington, DC 20202-4725.
Note: Upon receipt of your application, the Department's
Application Control Center will assign your organization an
identification number which will be returned to you via receipt.
Please refer to this number in any future correspondence concerning
your application.
(b) An applicant must show one of the following as proof of
mailing:
(1) A legibly dated U.S. Postal Service postmark.
(2) A legible mail receipt with the date of mailing stamped by the
U.S. Postal Service.
(3) A dated shipping label, invoice, or receipt from a commercial
carrier.
(4) Any other proof of mailing acceptable to the Secretary.
(c) If an application is mailed through the U.S. Postal Service,
the Secretary does not accept either of the following as proof of
mailing:
(1) A private metered postmark.
(2) A mail receipt that is not dated by the U.S. Postal Service.
Although the Department of Education requires applicants to submit
an original and two copies of an application, it has been our
experience that the entire review process can be completed faster if
applicants voluntarily submit an original and five copies of the
application package. The additional copies would be used during the
review process.
Notes: (1) The U.S. Postal Service does not uniformly provide a
dated postmark. Before relying on this method, an applicant should
check with its local post office.
(2) The Application Control Center will mail a Grant Applicant
Receipt Acknowledgement to each applicant. If an applicant fails to
receive the notification of application receipt within 15 days from
the closing date of the application, the applicant should call the
U.S. Department of Education Application Control Center at (202)
708-9495.
(3) The applicant must indicate on the envelope and--if not
provided by the Department--in Item 10 of the Application for
Federal Assistance (Standard Form 424) the CFDA number--and suffix
letter, if any--of the competition under which the application is
being submitted.
Application Instructions and Forms
The appendix to this application is divided into three parts plus a
statement regarding estimated public reporting burden and various
assurances and certifications. These parts and additional materials are
organized in the same manner that the submitted application should be
organized. The parts and additional materials are as follows:
Part I: Application for Federal Assistance (Standard Form 424) and
instructions.
Part II: Budget Information--Non-Construction Programs (Standard
Form 524A) and instructions.
Special Budget Instructions
The Department is participating in the Administration's Reinventing
Government Initiative. As part of that initiative, the National
Performance [[Page 9578]] Review urged the Department to ``eliminate
the continuation application process for budget years within the
project period'' and replace it with ``yearly program progress reports
focusing on program outcomes and problems related to program
implementation and service delivery.'' The Department is implementing
this recommendation for as many programs as possible beginning in
fiscal year 1995. This will require all applicants for multi-year
awards to provide detailed budget information for the total grant
period requested. The Department will negotiate at the time of the
initial award the funding levels for each year of the grant award. A
new generic budget form, included in this package, requests the
information needed to implement this initiative.
By requesting detailed budget information in the initial
application for the total project period, the need for formal
noncompeting continuation applications in the remaining years will be
eliminated. An annual report will be used in place of continuation
application to determine progress, thereby relieving grantees of the
burden to resubmit assurances, certifications, etc.
Part III. Application Narrative
Additional Materials: Public Reporting Burden.
Assurance--Non Construction Programs (Standard Form 424B).
Certifications regarding Lobbying; Debarment, Suspension, and Other
Responsibility Matters; and Drug-Free Workplace Requirements (ED 80-
0013).
Certification regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion: Lower Tier Covered Transaction (ED 80-0014, 9/90)
and instruction.
Note: ED 80-0014 is intended for the use of grantees and should
not be transmitted to the Department.
Disclosure of Lobbying Activities (Standard Form LLL) (if
applicable) and instructions; and Disclosure of Lobbying Activities
Continuation Sheet (Standard Form LLL-A).
An applicant may submit information on a photostatic copy of the
application and budget forms, the assurances, and the certifications.
However, the application form, the assurances, and the certifications
must each have an original signature. No grant may be awarded unless a
completed application form has been received.
For Further Information Contact: Adria White, U.S. Department of
Education, 555 New Jersey Avenue, NW., Room 502, Washington, D.C.
20208-5644. Individuals who use a telecommunications device for the
deaf (TDD) may call the Federal Information Relay Service at 1-800-877-
8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.
Information about the Department's funding opportunities, including
copies of application notices for discretionary grant competitions, can
be viewed on the Department's electronic bulletin board (ED Board),
telephone (202) 260-9950; or on the Internet Gopher Server at
GOPHER.ED.GOV (under Announcements, Bulletins and Press Releases).
However, the official application notice for a discretionary grant
competition is the notice published in the Federal Register.
Program Authority: 20 U.S.C. 6951-6952.
Dated: February 14, 1995.
Sharon P. Robinson,
Assistant Secretary for Educational Research and Improvement.
BILLING CODE 4000-01-P
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BILLING CODE 4000-01-C
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Instructions for the SF 424
This is a standard form used by applicants as a required
facesheet for preapplications and applications submitted for Federal
assistance. It will be used by Federal agencies to obtain applicant
certification that States which have established a review and
comment procedure in response to Executive Order 12372 and have
selected the program to be included in their process, have been give
an opportunity to review the applicant's submission.
Item and Entry
1. Self-explanatory.
2. Date application submitted to Federal agency (or State if
applicable) & applicant's control number (if applicable).
3. State use only (if applicable).
4. If this application is to continue or revise an existing
award, enter present Federal identifier number. If for a new
project, leave blank.
5. Legal name of applicant, name of primary organizational unit
which will undertake the assistance activity, complete address of
the applicant, and name and telephone number of the person to
contact on matters related to this application.
6. Enter Employer Identification Number (EIN) as assigned by the
Internal Revenue Service.
7. Enter the appropriate letter in the space provided.
8. Check appropriate box and enter appropriate letter(s) in the
space(s) provided:
--``New'' means a new assistance award.
--``Continuation'' means an extension for an additional funding/
budget period for a project with a projected completion date.
--``Revision'' means any change in the Federal Government's
financial obligation or contingent liability from an existing
obligation.
9. Name of Federal agency from which assistance is being
requested with this application.
10. Use the Catalog of Federal Domestic Assistance number and
title of the program under which assistance is requested.
11. Enter a brief descriptive title of the project. If more than
one program is involved, you should append an explanation on a
separate sheet. If appropriate (e.g., construction or real property
projects), attach a map showing project location. For
preapplications, use a separate sheet to provide a summary
description of this project.
12. List only the largest political entities affected (e.g.,
State, counties, cities).
13. Self-explanatory.
14. List the applicant's Congressional District and any
District(s) affected by the program or project.
15. Amount requested or to be contributed during the first
funding/budget period by each contributor. Value of in-kind
contributions should be included on appropriate lines as applicable.
If the action will result in a dollar change to an existing award,
indicate only the amount of the change. For decreases, enclose the
amounts in parentheses. If both basic and supplemental amounts are
included, show breakdown on an attached sheet. For multiple program
funding, use totals and show breakdown using same categories as item
15.
16. Applicants should contact the State Single Point of Contact
(SPOC) for Federal Executive Order 12372 to determine whether the
application is subject to the State intergovernmental review
process.
17. This question applies to the applicant organization, not the
person who signs as the authorized representative. Categories of
debt include delinquent audit disallowances, loans and taxes.
18, To be signed by the authorized representative of the
applicant. A copy of the governing body's authorization for you to
sign this application as official representative must be on file in
the applicant's office. (Certain Federal agencies may require that
this authorization be submitted as part of the application.)
BILLING CODE 4000-01-M
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BILLING CODE 4000-01-C
[[Page 9583]]
Public reporting burden for this collection of information is
estimated to vary from 13 to 22 hours per response, with an average
of 17.5 hours, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing the reviewing the collection of information.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing
this burden, to the U.S. Department of Education, Information
Management and Compliance Division, Washington, DC 20202-4651; and
the Office of Management and Budget, Paperwork Reduction Project
1875-0102, Washington, DC 20503.
Instructions for ED Form No. 524
General Instructions
This form is used to apply to individual U.S. Department of
Education discretionary grant programs. Unless directed otherwise,
provide the same budget information for each year of the multi-year
funding request. Pay attention to applicable program specific
instructions, if attached.
Section A--Budget Summary--U.S. Department of Education Funds
All applicants must complete Section A and provide a breakdown
by the applicable budget categories shown in lines 1-11.
Lines 1-11, columns (a)-(e):
For each project year for which funding is requested, shown the
total amount requested for each applicable budget category.
Lines 1-11, column (f):
Show the multi-year total for each budget category. If funding
is requested for only one project year, leave this column blank.
Line 12, columns (a)-(e):
Show the total budget request for each project year for which
funding is requested.
Line 12, column (f):
Show the total amount requested for all project years. If
funding is requested for only year, leave this space blank.
Section B--Budget Summary--Non-Federal Funds
If you are required to provide or volunteer to provide matching
funds or other non-Federal resources to the project, these should be
shown for each applicable budget category on lines 1-11 of Section
B.
Lines 1-11, columns (a)-(e):
For each project year for which matching funds or other
contributions are provided, show the total contribution for each
applicable budget category.
Lines 1-11, column (f):
Show the multi-year total for each budget category. If non-
Federal contributions are provided for only one year, leave the
column blank.
Line 12, columns (a)-(e):
Show the total matching or other contribution for each project
year.
Line 12, column (f):
Show the total amount to be contributed for all years of the
multi-year project. If non-Federal contributions are provided for
only year, leave this space blank.
Section C--Other Budget Information--Pay Attention to Applicable
Program Specific Instructions, if Attached
1. Provide an itemized budget breakdown, by project year, for
each budget category listed in Sections A and B.
2. If applicable to the program, enter the type of indirect rate
(provisional, predetermined, final or fixed) that will be in effect
during the funding period. In addition, enter the estimated amount
of the base to which the rate is applied, and the total indirect
expense.
3. If applicable to this program, provide the rate and base on
which fringe benefits are calculated.
4. Provide other explanations or comments you deem necessary.
Instructions for Part III--Application Narrative
Before preparing the Application Narrative an applicant should
read carefully the description of the program and the selection
criteria the Secretary uses to evaluate applications. The narrative
should encompass each function or activity for which funds are being
requested and should include the following:
Abstract: Attach a one-page, double-spaced abstract following
the Federal Assistance Face Sheet, Standard Form 424. This is a key
element in all proposed narratives and should include statements
about: (i) The need for the project; (ii) the proposed plan of
operation; and (iii) the project's significance/intended outcomes.
Narrative: Describe the proposed project in light of each of the
selection criteria in the order in which the criteria are listed in
this application package. Provide a description of the applicant
entity or partnership, describe the school sites where the
demonstration will take place, and address each of the application
requirements contained in this notice. Include any other pertinent
information that might be useful in reviewing the application.
The Secretary strongly requests the applicant to limit the
Application Narrative to no more than 25 double-spaced, standard
typed pages (on one side only), including appendices, although the
Secretary will consider applications of greater length.
Public Reporting Burden: Collection of information necessary to
obtain an award under the Telecommunications Demonstration Project
for Mathematics affects nine or fewer applicants. Thus, under 5 CFR
1320.4(a), the Assistant Secretary informs potential respondents
that the collection of information in this application is not
subject to review by the Office of Management and Budget under the
Paperwork Reduction Act of 1990.
Assurances--Non-Construction Programs
Note: Certain of these assurances may not be applicable to your
project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may
require applicants to certify to additional assurances. If such is
the case, you will be notified.
As the duly authorized representative of the applicant I certify
that the applicant:
1. Has the legal authority to apply for Federal assistance, and
the institutional, managerial and financial capability (including
funds sufficient to pay the non-Federal share of project costs) to
ensure proper planning, management and completion of the project
described in this application.
2. Will give the awarding agency, the Comptroller General of the
United States, and if appropriate, the State, through any authorized
representative, access to and the right to examine all records,
books, papers, or documents related to the award; and will establish
a proper accounting system in accordance with generally accepted
accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using
their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest, or
personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970
(42 U.S.C. Secs. 4728-4763) relating to prescribed standards for
merit systems for programs funded under one of the nineteen statutes
or regulations specified in Appendix A of OPM's Standards for a
Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b)
Title IX of the Education Amendments of 1972, as amended (20 U.S.C.
Secs. 1681-1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. Sec. 794), which prohibits discrimination on
the basis of handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. Secs. 6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and Treatment Act of
1972 (P.L. 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(P.L. 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (g) Secs. 523 and 527 of the
Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3),
as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42
U.S.C. Sec. 3601 et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and (j) the
requirements of any other nondiscrimination statute(s) which may
apply to the application.
7. Will comply, or has already complied, with the requirements
of Titles II and III of the Uniform Relocation Assistance and Real
[[Page 9584]] Property Acquisition Policies Act of 1970 (P.L. 91-
646) which provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless
of Federal participation in purchases.
8. Will comply with the provisions of the Hatch Act (5 U.S.C.
Secs. 1501-1508 and 7324-7328) which limit the political activities
of employees whose principal employment activities are funded in
whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C. Secs. 276a to 276a-7), the Copeland Act (40
U.S.C. Sec. 276c and 18 U.S.C. Secs. 874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. Secs. 327-333), regarding
labor standards for federally assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster Protection Act
of 1973 (P.L. 93-234) which requires recipients in a special flood
hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and
acquisition is $10,000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order
(EO) 11514; (b) notification of violating facilities pursuant to EO
11738; (c) protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance with EO
11988: (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act
of 1972 (16 U.S.C. Secs. 1451 et seq.); (f) conformity of Federal
actions to State (Clear Air) Implementation Plans under Section
176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. Sec. 7401
et seq.) (g) protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-
523); and (h) protection of endangered species under the Endangered
Species Act of 1973, as amended, (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16
U.S.C. Secs. 1271 et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with
Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470), EO 11593 (identification and protection of
historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and related
activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966
(P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the
care, handling, and treatment of warm blooded animals held for
research, teaching, or other activities supported by this award of
assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention
Act (42 U.S.C. Secs. 4801 et seq.) which prohibits the use of lead
based paint in construction or rehabilitation of residence
structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit Act of 1984.
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations and policies governing
this program.
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Signature of authorized certifying official
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Title
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Applicant organization
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Date submitted
Certifications Regarding Lobbying; Debarment, Suspension and Other
Responsibility Matters; and Drug-Free Workplace Requirements
Applicants should refer to the regulations cited below to
determine the certification to which they are required to attest.
Applicants should also review the instructions for certification
included in the regulations before completing this form. Signature
of this form provides for compliance with certification requirements
under 34 CFR Part 82, ``New Restrictions on Lobbying,'' and 34 CFR
Part 85, ``Government-wide Debarment and Suspension (Nonprocurement)
and Government-wide Requirements for Drug-Free Workplace (Grants).''
The certifications shall be treated as a material representation of
fact upon which reliance will be placed when the Department of
Education determines to award the covered transaction, grant, or
cooperative agreement.
1. Lobbying
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 34 CFR Part 82, for persons entering into a grant or
cooperative agreement over $100,000, as defined at 34 CFR Part 82,
Sections 82.105 and 82.110, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of
any Federal grant, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification
of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal grant or
cooperative agreement, the undersigned shall complete and submit
Standard Form--LLL, ``Disclosure Form to Report Lobbying,'' in
accordance with its instructions;
(c) The undersigned shall require that the language of this
certification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all subrecipients
shall certify and disclose accordingly.
2. Debarment, Suspension, and Other Responsibility Matters
As required by Executive Order 12549, Debarment and Suspension,
and implemented at 34 CFR Part 85, for prospective participants in
primary covered transactions, as defined at 34 CFR Part 85, Sections
85.105 and 85.110--
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this
application been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or local)
with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within a three-year period preceding this
application had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. Drug-Free Workplace (Grantees Other Than Individuals)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 34 CFR Part 85, Subpart F, for grantees, as defined
at 34 CFR Part 85, Sections 85.605 and 85.610--
A. The applicant certifies that it will or will continue to
provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
inform employees about-- [[Page 9585]]
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the grant,
the employee will--
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for
a violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title,
to: Director, Grants and Contracts Service, U.S. Department of
Education, 400 Maryland Avenue, S.W. (Room 3124, GSA Regional Office
Building No. 3), Washington, DC 20202-4571. Notice shall include the
identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days
of receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted--
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (b), (c),
(d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with the
specific grant:
Place of Performance (Street address, city, county, state, zip
code)
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----------------------------------------------------------------------
----------------------------------------------------------------------
Check {time} if there are workplaces on file that are not
identified here.
Drug-Free Workplace (Grantees Who Are Individuals)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 34 CFR Part 85, Subpart F, for grantees, as defined
at 34 CFR Part 85, Sections 85.605 and 85.610--
A. As a condition of the grant, I certify that I will not engage
in the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance in conducting any activity with the
grant; and
B. If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I will
report the conviction, in writing, within 10 calendar days of the
conviction, to: Director, Grants and Contracts Service, U.S.
Department of Education, 400 Maryland Avenue, S.W. (Room 3124, GSA
Regional Office Building No. 3), Washington, DC 20202-4571. Notice
shall include the identification number(s) of each affected grant.
As the duly authorized representative of the applicant, I hereby
certify that the applicant will comply with the above
certifications.
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Name of applicant
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PR/award number and/or project name
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Printed name and title of authorized representative
----------------------------------------------------------------------
Signature
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Date
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transactions
This certification is required by the Department of Education
regulations implementing Executive Order 12549, Debarment and
Suspension, 34 CFR part 85, for all lower tier transactions meeting
the threshold and tier requirements stated at section 85.110.
Instructions for Certification
1. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
2. The certification in this clause is a material representation
of fact upon which reliable was placed when this transaction was
entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
4. The terms ``covered transaction,'' ``debarred,''
``suspended,'' ``ineligible,'' ``lower tier covered transaction,''
``participant,'' ``person,'' ``primary covered transaction,''
``principal,'' ``proposal,'' and ``voluntarily excluded,'' as used
in this clause, have the meanings set out in the Definitions and
Coverage this section of rules implementing Executive Order 12549.
You may contact the person to which this proposal is submitted for
assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by
submitting this proposal that it will include the clause titled
``Certification Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion--Lower Tier Covered Transactions,'' without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the
Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies,
including suspension and/or debarment.
Certification
(1) The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
Name of applicant
[[Page 9586]] --------------------------------------------------------
PR/Award number and/or project name
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Printed name and title of authorized representative
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Signature
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Date
BILLING CODE 4000-01-M
[[Page 9587]]
[GRAPHIC][TIFF OMITTED]TN17FE95.016
BILLING CODE 4000-01-C
[[Page 9588]]
Instructions for Completion of SF-LLL, Disclosure of Lobbying
Activities
This disclosure form shall be completed by the reporting entity,
whether subawardee or prime Federal recipient, at the initiation or
receipt of a covered Federal action, or a material change to a
previous filing, pursuant to title 31 U.S.C. section 1352. The
filing of a form is required for each payment or agreement to make
payment to any lobbying entity for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with a covered Federal action. Use
the SF-LLL-A Continuation Sheet for additional information if the
space on the form is inadequate. Complete all items that apply for
both the initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and
Budget for additional information.
1. Identify the type of covered Federal action for which
lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If
this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which
the change occurred. Enter the date of the last previously submitted
report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the
reporting entity. Include Congressional District, if known. Check
the appropriate classification of the reporting entity that
designates if it is, or expects to be, a prime or subaward
recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are
not limited to subcontracts, subgrants and contract awards under
grants.
5. If the organization filing the report in item 4 checks
``Subawardee'', then enter the full name, address, city, state and
zip code of the prime Federal recipient. Include Congressional
District, if known.
6. Enter the name of the Federal agency making the award or loan
commitment. Include at least one organizational level below agency
name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered
Federal action (item 1). If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative
agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number
available for the Federal action identified in item 1 (e.g., Request
for Proposal (RFP) number; Invitation for Bid (IFB) number; grant
announcement number; the contract, grant, or loan award number; the
application/proposal control number assigned by the Federal agency).
Include prefixes, e.g., ``RFP-DE-90-001.''
9. For a covered Federal action where there has been an award or
loan commitment by the Federal agency, enter the Federal amount of
the award/loan commitment for the prime entity identified in item 4
or 5.
10. (a) Enter the full name, address, city, state and zip code
of the lobbying entity engaged by the reporting entity identified in
item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing
services, and include full address if different from 10 (a). Enter
Last Name, First Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected
to be paid by the reporting entity (item 4) to the lobbying entity
(item 10). Indicate whether the payment has been made (actual) or
will be made (planned). Check all boxes that apply. If this is a
material change report, enter the cumulative amount of payment made
or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply.
If payment is made through an in-kind contribution, specify the
nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply.
If other, specify nature.
14. Provide a specific and detailed description of the services
that the lobbyist has performed, or will be expected to perform, and
the date(s) of any services rendered. Include all preparatory and
related activity, not just time spent in actual contact with Federal
officials. Identify the Federal official(s) or employee(s) contacted
or the officer(s), employee(s), or Member(s) of Congress that were
contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is
attached.
16. The certifying official shall sign and date the form, print
his/her name, title, and telephone number.
Public reporting burden for this collection of information is
estimated to average 30 minutes per response, including time for
reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Office of
Management and Budget, Paperwork, Reduction Project (0348-0046),
Washington, DC 20503.
BILLING CODE 4000-01-P
[[Page 9589]]
[GRAPHIC][TIFF OMITTED]TN17FE95.017
[FR Doc. 95-4061 Filed 2-16-95; 8:45 am]
BILLING CODE 4000-01-C
