Telecommunications Demonstration Project for Mathematics; Notice Inviting Applications for New Awards for Fiscal Year 1995

[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.

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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.)

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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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----------------------------------------------------------------------

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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

----------------------------------------------------------------------

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]]

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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