[Federal Register Volume 63, Number 45 (Monday, March 9, 1998)]
[Notices]
[Pages 11416-11421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5910]
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DEPARTMENT OF COMMERCE
International Trade Administration
[Docket No. 970424097-8019-03]
RIN 0625-ZA05
Market Development Cooperator Program
AGENCY: International Trade Administration (ITA), Commerce.
ACTION: Notice.
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SUMMARY: ITA promotes U.S. exports and works to improve the global
competitiveness of the United States, creating jobs for Americans. ITA
has created the Market Development Cooperator Program (MDCP) to build
public/private export marketing partnerships. The MDCP is a competitive
matching grants program that provides federal assistance to non-profit
export multipliers such as states, trade associations, chambers of
commerce, world trade centers and other non-profit industry groups that
are particularly effective in reaching small-and medium-size
enterprises (SMEs). MDCP awards help to underwrite the start up costs
of exciting new export promotion ventures which these groups are often
reluctant to undertake without federal government support.
The MDCP aims to:
Challenge the private sector to think strategically about
foreign markets;
Be the catalyst that spurs private sector innovation and
investment in export marketing; and
Increase the number of American companies, particularly
SMEs, taking decisive export actions.
The advantage of a joint effort is that it permits the federal
government to pool expertise and funds with non-federal sources so that
each maximizes its market development resources. Partnerships of this
sort also may provide a sharper focus on long-term export market
development than do traditional trade promotion activities and serve as
a mechanism for improving government-industry relations.
While the Department of Commerce sponsors, guides and partially
funds the MDCP with a matching requirement by the recipient, the
Department of Commerce expects applicants to develop, initiate and
carry out market development project activities. As an active partner,
ITA will, as appropriate, provide assistance identified by the
applicant as being essential to the achievement of project goals and
objectives. U.S. industry is best able to assess its problems and needs
in the foreign marketplace and to recommend innovative solutions and
programs that can be the formula to success in international trade.
Examples of activities that might be included in an applicant's
project proposal are described below. No one or any combination of
these activities must be included for a proposal to receive favorable
consideration. The Department of Commerce encourages applicants to
propose activities that (1) would be most appropriate to the market
development needs of their industry or industries; and (2) display the
imagination and innovation of the applicant working in partnership with
the government to obtain the maximum market development impact.
A public meeting for parties considering applying for funding under
the MDCP will be held on April 3. Attendance at this public meeting is
not required of potential applicants. The purpose of the meeting is to
provide general information to potential applicants regarding MDCP
procedures, selection process, and proposal preparation. No discussion
of specific proposals will occur at this meeting.
DATES: The public meeting will be held from 2-4 p.m, on April 3, in
Room 6808, at the Herbert Clark Hoover Building, 14th and Constitution
Avenue, N.W., Washington, D.C. Completed applications must be received
no later than 5 p.m. Eastern Standard Time May 4, 1998. Late
applications will not be
[[Page 11417]]
accepted. They will be returned to sender. Application kits will be
available from the Department of Commerce starting March 9, 1998.
ADDRESSES: The public meeting will be held from 2-4 p.m., on April 3,
in Room 6808, at the Herbert Clark Hoover Building, U.S. Department of
Commerce, 14th and Constitution Avenue, N.W., Washington, D.C.
To obtain an application kit, please send a written request with a
self-addressed mailing label to Mr. Greg O'Connor, Manager, Market
Development Cooperator Program, Trade Development/OPCRM, Room 3221,
U.S. Department of Commerce, Washington, D.C. 20230. Application kits
may also be picked up in Room 3209, U.S. Department of Commerce, 14th
and Constitution Avenue, N.W., Washington, D.C. 20230. The application
kit contains all forms necessary to participate in the MDCP application
process.
Please send completed applications to the Office of Planning,
Coordination and Resource Management, Trade Development, Room 3221,
14th & Constitution Avenue, N.W., Washington, D.C. 20230.
FOR FURTHER INFORMATION CONTACT: Mr. Greg O'Connor, Manager, Market
Development Cooperator Program, Trade Development, Room 3221,
Washington, D.C. 20230, (202) 482-3197.
SUPPLEMENTARY INFORMATION:
Authority: The Omnibus Trade and Competitiveness Act of 1988,
Pub. L. No. 100-418, Title II, sec. 2303, 102 Stat. 1342, 15 U.S.C.
4723.
(Catalog of Federal Domestic Assistance (CFDA): No. 11.112, Market
Development Cooperator Program.)
Program Description
The goal of the MDCP identified in authorizing legislation is to
develop, maintain, and expand foreign markets for nonagricultural goods
and services produced in the United States. For purposes of this
program, ``nonagricultural goods and services'' means goods and
services other than agricultural products as defined in 7 U.S.C. 451.
``Produced in the United States'' means having substantial inputs of
materials and labor originating in the United States, such inputs
constituting at least 50 percent of the value of the good or service to
be exported. The intended beneficiaries of the program are U.S.
producers of nonagricultural goods or services that seek to export such
goods or services.
MDCP funds should not be viewed as a replacement for funding from
other sources, either public or private. An important aspect of this
program is to increase the sum of federal and non-federal export market
development activities. This result can best be achieved by using
program funds to encourage new initiatives.
In addition to new initiatives, expansion of the scope of an
existing project also may qualify for funding consideration. Eligible
organizations that have previously received an MDCP award must propose
a new project or expansion of an existing project to receive
consideration for a new award.
The Department of Commerce encourages applicants to propose
activities that would be most appropriate to the market development
needs of their U.S. industry or industries. The following are examples
of activities which applicants might include in an application (no one
of these activities or any combination of these activities must be
included for an application to receive favorable consideration). Many
of these activities have been undertaken by current and past MDCP award
winners:
(1) Opening an overseas office or offices to perform a variety of
market development services for companies joining a consortium to avail
themselves of such services; such an office should not duplicate the
programs or services of the U.S. and Foreign Commercial Service
(US&FCS) post(s) in the region, but could include co-location with a
US&FCS Commercial Center;
(2) Detailing a private sector individual to a US&FCS post in
accordance with 15 U.S.C. 4723(c);
(3) Commissioning overseas market research, participating in
overseas trade exhibitions and trade missions to promote U.S. exports,
and/or hosting reverse trade missions;
(4) Overseas U.S. product demonstrations;
(5) Export seminars in the United States or market penetration
seminars in the market(s) to be developed;
(6) Technical trade servicing that helps overseas buyers choose the
right U.S. goods or services and to use the good or service
efficiently;
(7) Joint promotions of U.S. goods or services with foreign
partners;
(8) Training of foreign nationals to perform after-sales service or
to act as distributors for U.S. goods or services;
(9) Working with organizations in the foreign marketplace
responsible for setting standards and for product testing to improve
market access for U.S. goods or services;
(10) Publishing an export resource guide or an export product
directory for the U.S. industry or industries in question, if no
comparable one exists; and
(11) Establishing an electronic business information system to
identify overseas trade leads and facilitate matches with foreign
partners for U.S. businesses.
Funding Availability
The total amount of funds available for this program is $2.0 to
$2.25 million for fiscal year (FY) 98. The Department expects to
conclude a minimum of five (5) cooperative agreements with eligible
entities for this program. No award will exceed $400,000, regardless of
the duration of the cooperative agreement.
Matching Requirements
To receive MDCP funding, the applicant must contribute at least two
dollars for each federal dollar provided. In satisfying this matching
requirement, the applicant must make one dollar of new cash outlays
expressly for the project for each federal dollar of MDCP funding. The
balance of the applicant's support may consist of in-kind contributions
(goods and services). Recipient cash contributions are defined in OMB
Circular A-110, Sec. ____.2(f) as the recipient's cash outlay,
including the outlay of money contributed to the recipient by third
parties. In order for a recipient to outlay cash contributed by a third
party, the third party must transfer the funds to the recipient.
Otherwise, expenditures for goods and services contributed by a third
party are considered to be in-kind contributions. For example, an
applicant requesting $200,000 of federal funds must supply, at a
minimum, $200,000 of new cash outlays expressly for the project. The
remaining $200,000 of the required match can be made up of additional
new cash outlays or in-kind contributions.
Applicants may propose projects for which the applicant's match
will exceed two applicant dollars to each federal dollar. However,
private sector matches exceeding program guidelines have consequences
in the disbursement of funds. A cost share ratio is established for
each award winner based upon the award winner's share of the total cost
of the project. Funds are disbursed using this ratio. For example, a
project for which the applicant will assume 3/4 of the total cost will
have a cost share ratio of 75 percent applicant/25 percent federal. In
requesting a disbursement of federal dollars, the award winner will
have to generate $3 in grant expenditures for each dollar it wants to
obtain in federal grant monies.
In the proposed budget, all in-kind contributions to be used in
meeting the
[[Page 11418]]
applicant's share of costs should be listed in a separate column from
cash contributions. A separate budget narrative describing these in-
kind contributions should also be included with the proposal. This
information should be in sufficient detail for a determination to be
made that the requirements of OMB Circular A-110, section 23 (a), and
15 CFR part 24.24 (a) and (b) are met.
The Department of Commerce will support only a portion of the
direct costs of each project. Each applicant will support a portion of
the direct costs (to be specified in the application). Generally,
direct costs are those that are specifically associated with an award,
and usually include expenses such as personnel, fringe benefits,
travel, equipment, supplies and contractual obligations relating
directly to program activity. Allowable costs will be determined on the
basis of the applicable cost principles, i.e., OMB Circulars A-21, A-
87, and A-122; 45 CFR part 74, Appendix E; and 48 CFR part 31. No
indirect costs will be paid with Department of Commerce funding under
this program.
Applicants may charge companies in the industry or other industry
organizations reasonable fees to take part in or avail themselves of
services provided as part of applicants' projects. Applicants should
describe in detail plans to charge fees. Fees generated under the award
are program income and must be used for project related purposes during
the award period.
Type of Funding Instrument
Since ITA will be substantially involved in the implementation of
each project for which an award is made, the funding instrument for
this program will be a cooperative agreement. To administer each
cooperative agreement, a project team is established including key
personnel from the award winning organization and officials from ITA
who can help award winners achieve MDCP project objectives. If
representatives from other federal agencies can make a meaningful
contribution to the achievement of project objectives, they are invited
to participate on the project team.
Each project team acts as a ``board of directors'' specifying
direction or redirection of the scope of work of the project and
determining mode of project operations and other management processes,
coupled with close monitoring or operational involvement during
performance of project activities. At the beginning of each fiscal
year, the project team negotiates an annual operating plan setting
forth specific activities that will take place, project
responsibilities and how much each activity will cost. In addition to
participating on project teams, ITA staff may work directly on
individual MDCP project activities.
Eligibility Criteria
U.S. trade associations, nonprofit industry organizations, state
trade departments and their regional associations including centers for
international trade development, and private industry firms or groups
of firms in cases where no entity described above represents that
industry are eligible to apply for cooperative agreements under this
program. For the purpose of this program, a ``trade association'' is
defined as a fee based organization consisting of member firms in the
same industry, or in related industries, or which share common
commercial concerns. The purpose of the trade association is to further
the commercial interests of its members through the exchange of
information, legislative activities, and the like.
For the purpose of this program, a ``nonprofit industry
organization'' is an organization that is classified as a nonprofit
organization under Title 26 U.S.C. Section 501(c) (3), (4), (5), or (6)
and operates as one of the following:
(1) A local, state, regional, or national chamber of commerce; (2)
a local, state, regional, or national board of trade; (3) a local,
state, regional, or national business, export or trade council/interest
group; (4) a local, state, regional, or national visitors bureau or
tourism promotion group; (5) a local, state, regional, or national
economic development group; (6) a Small Business Administration Small
Business Development Center; (7) a world trade center; (8) a port
authority; or a (9) free trade zone.
Prospective applicants are strongly encouraged to seek advice on
their eligibility to enter the MDCP competition, according to the
criteria above. To obtain advice regarding eligibility, the applicant
should submit basic organizational documents (e.g. charters, articles
of incorporation) and information on types of members, membership fees,
ties to state trade departments or their regional associations,
organizations's purpose, and activities, and IRS status. All requests
for advice regarding eligibility should be received no later than April
3, 1998. Applicants are advised to continue working on proposals while
awaiting advice on eligibility. Absolutely no extensions of the
deadline for submitting applications will be granted.
Eligible U.S. entities may join together to submit an application
as a joint venture and to share costs. For joint venture applicants,
one organization meeting the above eligibility criteria must be
designated as the prospective MDCP grant recipient organization for
administrative purposes. For example, two trade associations
representing different segments of a single industry or related
industries may pool their resources and submit one application. Foreign
businesses and private groups also may join with eligible U.S.
organizations to submit applications and to share the costs of proposed
projects.
The Department of Commerce will accept applications from eligible
entities representing any industry, subsector of an industry or related
industries. Each applicant must permit all companies in the industry in
question to participate, on equal terms, in all activities that are
scheduled as part of a proposed project whether or not the company is a
member or constituent of the eligible organization.
Eligible entities desiring to participate in this program must
demonstrate the ability to provide an established competent,
experienced staff and other resources to assure adequate development,
supervision and execution of the proposed project activities.
Applicants must describe in detail all assistance expected from the
Department of Commerce or other federal agencies to implement project
activities successfully. Each applicant must provide a description of
the membership/qualifications, structure and composition of the
eligible entity, the degree to which the entity represents the industry
or industries in question, and the role, if any, foreign membership
plays in the affairs of the eligible entity. Applicants should
summarize both the recent history of their industry or industries'
competitiveness in the international marketplace and the export
promotion history of the eligible entity or entities submitting the
application.
Project proposals must be compatible with U.S. trade and commercial
policy. Additional information delineating U.S. commercial policy may
be obtained from the 1997 Trade Promotion Coordinating Committee's
National Export Strategy.
Award Period
Funds may be expended over the period of time required to complete
the scope of work, but not to exceed three (3) years from the date of
the award.
[[Page 11419]]
Indirect Costs
Department of Commerce funds can not be used to pay indirect costs.
The total dollar amount of the indirect costs proposed in an
application under this program (using recipient funds) must not exceed
the indirect cost rate negotiated and approved by a cognizant federal
agency prior to the proposed effective date of the award or 100 percent
of the total proposed direct costs dollar amount in the application,
whichever is less.
Application Forms and Kit
Standard Forms 424 (Rev. 4-92) Application for Federal Assistance,
424A (Rev. 4-92) Budget Information--Non-Construction Programs, 424B
(Rev. 4-92) Assurances--Non-Construction Programs, SF-LLL, Disclosure
of Lobbying Activities and other Department of Commerce forms (CD-511,
Certifications Regarding Debarment, Suspension and Other Responsibility
Matters; Drug-Free Workplace Requirements and Lobbying; CD-512,
Certifications Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transactions and Lobbying),
which are required as part of the application, are available from the
contact person indicated above. Applicants must submit a signed
original and two (2) copies of the application and supporting
materials.
Project Funding Priorities
ITA is especially interested in receiving proposals that focus in
whole or in part on the following ITA priorities:
(1) Monitoring foreign compliance with our trade agreements such as
NAFTA, WTO and sector-specific agreements;
(2) Identifying and working to eliminate tariff and non-tariff
barriers to market access for U.S. goods or services, including working
with organizations in the foreign marketplace responsible for setting
standards and for product testing;
(3) Understanding the export aversion of SMEs, targeting export-
ready SMEs, and offering export assistance services designed to meet
the special needs of SMEs as opposed to just offering SMEs the
opportunity to participate in activities aimed broadly at the entire
export marketing community;
(4) Improving communication with and outreach to old and new
private sector international trade constituencies and initiating or
enhancing public/private export partnerships.
Applications may be targeted for any market in the world and/or
industry covered by ITA's industry units (Technology and Aerospace
Industries; Basic Industries; Service Industries and Finance; Textiles,
Apparel and Consumer Goods Industries; Environmental Technologies
Exports; and Tourism Industries).
Background Research
Developing a project plan requires solid background research.
Applicants should study, and applications should reflect the findings
of such study, of the following:
(1) The market potential of the U.S. good(s) or service(s) to be
promoted in a particular market(s),
(2) The competition from host-country and third-country suppliers,
and
(3) The economic situation and prospects that bear upon the ability
of a country to import the U.S. good(s) or service(s).
In their applications, applicants should present an assessment of
industry resources that can be brought to bear on developing a market;
the industry's ability to meet potential market demand expeditiously;
and the industry's after-sales service capability in a particular
foreign market(s).
After describing their completed basic research, applicants should
develop marketing plans that set forth the overall objectives of the
projects and the specific activities applicants will undertake as part
of these projects. Applications should display the imagination and
innovation of the private sector working in partnership with the
government to obtain the maximum market development impact.
Evaluation Criteria
The Department of Commerce is interested in projects that
demonstrate the possibility of both significant results during the
project period and lasting benefits extending beyond the project
period. To that end, consideration for financial assistance under the
MDCP will be based upon the following evaluation criteria:
(1) Potential of the project to generate export success stories
and/or export initiatives in both the short and medium-term. For
purposes of this program, an export initiative is defined as a
significant expenditure of resources (time, people or money) by the CEO
of a company in the active pursuit of export sales. Examples of export
initiatives include, but are not limited to the following:
(a) An overseas trip by a CEO to explore a new market;
(b) Participation in an overseas trade promotion event;
(c) Hiring an export manager;
(d) Establishing an export department;
(e) Enrolling in a college level export marketing course;
(f) Developing an export marketing/business plan;
(g) Translation of product literature into a foreign language;
(h) Making product modifications to comply with foreign market
requirements;
(i) Commissioning an in-depth market research study;
(j) Advertising in a foreign business publication;
(k) Undertaking an overseas direct mail campaign to create product
awareness;
(l) Signing an agent/distributor;
(m) Introduction to a potential foreign buyer;
(n) Signing an export contract/filling an export order.
(o) Co-location with a US&FCS Commercial Center.
Applicants should provide detailed explanations of projected
project results.
(2) Projected increase (multiplier effect) in the number of U.S.
companies operating in the market(s) selected, particularly SMEs, and
the degree to which the project will help the industry in question
increase or maintain market share in the market/s selected. Applicant
should provide quantifiable estimates of projected increases.
(3) The degree to which the proposal furthers or is compatible with
ITA's priorities stated above and the degree to which a proposal
initiates or enhances partnership with the Department of Commerce.
(4) Creativity and innovation displayed by the work plan while at
the same time being realistic and the institutional capacity of the
applicant to carry out the work plan. Creativity and innovation can be
displayed in a variety of ways. Applicants might propose projects that
include ideas not previously tried before to promote a particular
industry's goods or services in a particular market. Creativity can be
demonstrated by the manner in which techniques are customized to meet
the specific needs of certain client groups. A proposal can be creative
in the way it brings together the strengths and resources of partners
participating in project activities. Further, projects that focus on
market development are inherently more creative than projects that
focus only on export promotion. Market development is the process of
identifying or creating emerging markets or market niches and modifying
products to penetrate those markets. Market development is demand
driven and designed to create long term export capacity where not only
current
[[Page 11420]]
products can be sold, but future products as well.
Current or past MDCP applicants should be aware that to be in a
position to earn the maximum number of points under this criterion,
they should propose projects that are entirely new. If a current or
past MDCP applicant chooses to propose an expansion of an existing or
past project, the expansion should be the majority of the total project
for the proposal to earn a high score on this criterion. In addition,
current or past MDCP applicants that apply proposing an expansion of an
existing or past project must clearly demonstrate how the expansion,
standing alone, is creative and innovative in accordance with the above
definition.
(5) Reasonableness of the itemized budget for project activities,
the amount of the cash match that is readily available at the beginning
of the project, and the probability that the project can be continued
on a self-sustained basis after the completion of the award.
Current or past MDCP recipients who propose an expansion of an
existing project must show how the expansion will achieve self-
sustainability independent of current or past projects funded under the
MDCP.
Each of the above criteria is worth a maximum of 20 points.
Selection Procedures
Each application will receive an independent, objective review by a
panel qualified to evaluate the applications submitted under the
program. The Independent Review Panel, consisting of at least three
people, will review all applications based on the criteria stated
above. The Independent Review Panel will identify and rank the top ten
proposals and make recommendations to the Assistant Secretary for Trade
Development concerning which of the proposals should receive awards.
The Assistant Secretary for Trade Development will make the final
recommendations regarding the funding of applications from the group of
ten identified by the Independent Review Panel.
In making his decision, the Assistant Secretary for Trade
Development will consider the following:
(1) The evaluations of the individual reviewers of the Independent
Review Panel;
(2) The degree to which applications satisfy ITA priorities as
established under the project funding priorities listed above;
(3) The geographic distribution of the proposed awards;
(4) The diversity of industry sectors covered by the proposed grant
awards;
(5) The diversity of project activities represented by the proposed
awards;
(6) Avoidance of redundancy and conflicts with the initiatives of
other federal agencies; and
(7) The availability of funds.
Performance Measures
On August 3, 1993, the Government Performance and Results Act
(GPRA) was enacted into law (Public Law 103-62). GPRA requires each
federal agency to submit a strategic plan for program activities to
OMB. Among other things, each strategic plan must include ``performance
indicators to be used in measuring or assessing the relevant outputs,
service levels and outcomes of each program activity.'' While not
abandoning outputs (units of products, including services, of an
activity) as a measure of achievement, OMB directed agencies to focus
more on outcomes (the resulting effect of the use or application of an
output) as the primary indicator of the success of programs and
activities.
Beginning with the submission of its FY 1998 budget, ITA began
reporting results using the GPRA measures defined for its programs and
activities. Many of these measures apply only to the programs and
activities of ITA and have little relevance to the activities of MDCP
award winners. The following performance measures, however, have
particular applicability to MDCP projects:
Outcome Measures
Dollar Value of Exports Resulting from Outputs.
Number of New-to-Export Firms Participating in Activities.
Number of New-to-Market Firms Participating in Activities.
Degree of Customer Satisfaction (value of outputs determined by
perception of customer based on their expectation of the output versus
the plan, an agreed upon specification or other criteria).
Output Measures
Number of Counseling Sessions.
Number of Clients Counseled.
Number of Reports (Publications) Prepared.
Number of Copies of Reports (Publications) Distributed.
Number of Trade Events.
Number of Firms Participating in Trade Events.
All award winners active in the MDCP during FY 1997 were asked to
use these measures in their quarterly reports and to provide an end-of-
year assessment of the accomplishments of their projects using these
measures. Applicants for this year's MDCP competition should be mindful
of these performance measures and should use them wherever possible
when estimating projected project results in their proposals. As was
the case in FY 1997, all active MDCP award winners in FY 1998 will be
asked to use these measures in quarterly reports and to provide an end-
of-year assessment of the accomplishments of their projects using these
measures. Therefore, winners of the FY 1998 MDCP award competition
should be prepared upon receipt of an award to put in place a system to
capture the results achieved from project activities. Each applicant
should describe this system in its proposals. Applicants are encouraged
to develop and utilize additional performance measures they find
meaningful to demonstrate the success of their projects.
Other Requirements
(1) Federal Policies and Procedures
Recipients and subrecipients are subject to all federal laws and
federal and Department of Commerce policies, regulations, and
procedures applicable to federal financial assistance awards.
(2) Past Performance
Unsatisfactory performance under prior federal awards may result in
an application not being considered for funding.
(3) 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 they may have
received, there is no obligation on the part of the Department of
Commerce to cover preaward costs.
(4) No Obligation for Future Funding
If an application is selected for funding, the Department of
Commerce has no obligation to provide any additional future 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
Department of Commerce.
(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,
[[Page 11421]]
b. A negotiated repayment schedule is established and at least one
payment is received, or
c. Other arrangements satisfactory to the Department of Commerce
are made.
(6) Name Check Review
All non-profit and for-profit applicants are subject to a name
check review process. Name checks are intended to reveal if any key
individuals associated with the applicant have been convicted of or are
presently facing criminal charges such as fraud, theft, perjury, or
other matters which significantly reflect on the applicant's management
honesty or financial integrity.
(7) Primary Applicant Certifications
All primary applicants must submit a completed Form CD-511,
``Certifications 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, ``Government wide 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, ``Limitations 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 that 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.
(8) Lower Tier Certifications
Recipients 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. SF-LLL submitted by any tier
recipient or subrecipient should be submitted to the Department of
Commerce in accordance with the instructions contained in the award
document.
(9) False Statements
A false statement on an application is grounds for denial or
termination of funds and grounds for possible punishment by a fine or
imprisonment as provided in 18 U.S.C. 1001.
(10) Intergovernmental Review
Applications under this program are not subject to Executive Order
12372, ``Intergovernmental Review of Federal Programs.''
(11) Buy American-Made Equipment and Products
Applicants are hereby notified that they will be encouraged, to the
greatest extent practicable, to purchase American-made equipment and
products with funding provided under this program.
12. Fly America Act
All award recipients must comply with the provisions of the Fly
America Act.
Classification
This notice has been determined to be not significant for purposes
of Executive Order 12866. The standard forms referenced in this notice
are cleared under OMB Control No. 0348-0043, 0348-0044, 0348-0040, and
0348-0046 pursuant to the Paperwork Reduction Act. Notwithstanding any
other provision of law, no person is required to respond nor shall a
person be subject to a penalty for failure to comply with a collection
of information subject to the requirements of the Paperwork Reduction
Act unless that collection of information displays a currently valid
OMB Control Number.
Dated: March 4, 1998.
Jerome S. Morse,
Director, Resource Management and Planning Staff, Office of Planning,
Coordination and Resource Management Trade Development, International
Trade Administration.
[FR Doc. 98-5910 Filed 3-6-98; 8:45 am]
BILLING CODE 3510-DR-P
