Public Telecommunications Facilities Program; Closing Date

Federal RegisterMar 19, 1998

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SUMMARY: The National Telecommunications and Information Administration

(NTIA), U.S. Department of Commerce, announces the solicitation of

applications for a grant for the Pan-Pacific Education and

Communications Experiments by Satellite (PEACESAT) Program.

Applications for the PEACESAT Program grant will compete for funds from

the Public Broadcasting, Facilities, Planning and Construction Funds

account. An announcement regarding the submission of applications for

the Public Telecommunications Facilities Program (PTFP) which is also

funded from this account, was published in the Federal Register on

January 5, 1998.

Applicants for grants for the PEACESAT Program must file their

applications on or before (30 days from publication). NTIA anticipates

making the grant award by September 30, 1998. NTIA shall not be liable

for any proposal preparation costs.

DATES: Applciations for the PEACESAT Program grant must be received on

or before close of business on April 20, 1998.

ADDRESSES: To submit completed applications, or send any other

correspondence, write to: NTIA/PTFP, Room H-4625, U.S. Department of

Commerce, 14th Street and Constitution Avenue, NW., Washington, DC

20230.

FOR FURTHER INFORMATION CONTACT: Dennis R. Connors, Director, Public

Broadcasting Division, telephone: (202) 482-5802; fax: (202) 482-2156.

SUPPLEMENTARY INFORMATION;

I. Application Forms and Requirements

Funding for the PEACESAT Program is provided pursuant to Pub. L.

105-119, ``The Departments of Commerce, Justice, and State, and Related

Agencies Appropriations Act, 1998.'' Pub. L. 105-119 provides that

``notwithstanding any other provision of law, the Pan-Pacific Education

and Communications Experiments by Satellite (PEACESAT) program is

eligible to compete for Public Broadcasting Facilities, Planning and

Construction funds.'' The PEACESAT Program was authorized under Pub. L.

100-584 (102 Stat. 2970) and also Pub. L. 101-555 (104 Stat. 2758) to

acquire satellite communications services to provide educational,

medical, and cultural needs of Pacific Basin communities. The PEACESAT

Program has been operational since 1971 and has received funding from

NTIA for support of the project since 1988.

Pub. L. 105-119 appropriated $21 million for this account to be

awarded for Public Telecommunications Facilities Program (PTFP) grants

and for PEACESAT Program grants. The solicitation notice for the PTFP

Program was published in the Federal Register on January 5, 1998 (63

Fed. Reg. 368.) Applications submitted in response to this solicitation

for PEACESAT applications are not subject to the requirements of the

January 5, 1998 Notice and are exempt from the PTFP regulations at 15

CFR Part 2301. NTIA anticipates making a single award for no more than

$450,000 for the PEACESAT Program in FY 1998.

NTIA requests that each applicant for a PEACESAT Program grant

supply one (1) original signed application and five (5) copies, unless

doing so would present a financial hardship, in which case the

applicant may submit one (1) original and two (2) copies of the

application. The application form consists of the Standard Form 424

Application for Federal Assistance; Standard Form 424A Budget

Information--Non-Construction Programs; Standard Form 424 B,

Assurances; Standard Form CD-511 Certification; and Standard Form LLL,

Disclosure of Lobbying Activities (if applicable). These requirements

are subject to the Paperwork Reduction Act and have been approved by

the Office of Management and Budget under control numbers 0348-0043,

0348-0044, 0348-0040 and 0348-0046.

Applicants are not required to respond to a collection of

information sponsored by the Federal government, and the government may

not conduct or sponsor this collection, unless it displays a currently

valid OMB control number or if we fail to provide you with this notice.

Eligible applicants will include any for-profit or non-profit

organization, public or private entity, other than an agency or

division of the Federal government. Individuals are not eligible to

apply for the PEACESAT Program funds.

Grant recipients under this program will not be required to provide

matching funds toward the total project cost.

Applicants are hereby notified that any equipment or products

authorized to be purchased with funding provided under this program

must be American-made to the maximum extent feasible.

The Fly America Act requires that Federal travelers and others

performing U.S. Government-financed foreign air travel must use U.S.

flag air carriers, to the extent that service by such carriers is

available. Foreign air carriers may be used only when a U.S. flag air

carrier is unavailable, or use of U.S. flag air carrier service will

not accomplish the agency's mission.

Applicants should note that they must comply with the provisions of

Executive Order 12372, ``Intergovernmental Review of Federal

Programs.'' The Executive Order requires applicants for financial

assistance under this program to file a copy of their application with

the Single Points of Contact (SPOC) of all states relevant to the

project. Applicants are required to provide a copy of their completed

application to the appropriate SPOC on or before April 20, 1998.

Applicants may be required to submit Name Check forms (Form CD-346)

which may be used to ascertain background information on key

individuals associated with potential grantees as part of the

application, per Department Pre-Award Administrative Requirements and

Policies.

All primary applicants must submit a completed From CD-511,

``Certifications Regarding Debarment, Suspension, and Other

Responsibility Matters; Drug-Free Workplace Requirements and

Lobbying,'' and the following explanations are hereby provided:

(1) 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;

(2) 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;

(3) Anti-lobbying. Persons (as defined at 15 CFR Part 28, Section

105) are subject to the lobbying provisions of 31 U.S.C. 1352,

``Limitation on use of appropriated funds to influence certain Federal

contracting and financial transactions,'' and the lobbying section of

the certification form prescribed above applies to applicants/bidders

for grants, cooperative agreements, and

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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

(4) 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,'' (OMB Control Number 0348-0046) as required under

15 CFR Part 28, Appendix B.

Recipients shall require applicants/bidders for subgrants,

contracts, subcontracts, or other lower tier covered transactions at

any tier under the grant 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. SF-LLL submitted by any

tier recipient or subrecipient should be submitted to the Department in

accordance with the instructions contained in the award document.

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.

Recipients and subrecipients are subject to all Federal laws and

Federal and Department policies, regulations, and procedures applicable

to Federal assistance awards. In addition, unsatisfactory performance

by the applicant under prior Federal awards may result in the

application not being considered for funding.

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 have

received, there is no obligation on the part of the Department to cover

preaward costs.

No award of Federal funds shall be made to an applicant who has an

outstanding delinquent Federal debt until either: (1) The delinquent

account is paid in full; (2) a negotiated repayment schedule is

established and at least one payment is received, or (3) other

arrangements satisfactory to the Department are made.

Applicants are reminded that a false statement on the application

may be 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.

II. Scope of Project and Eligible Costs

Projects funded pursuant to this Notice are intended to support the

PEACESAT Program's acquisition of satellite communications to service

Pacific Basin communities and to manage the operations of this network.

Allowable costs incurred under approved projects shall be

determined in accordance with applicable federal cost principles, i.e.

OMB Circular A-21, A-87, A-122, or 48 CFR Part 31, as applicable. If

included in the approved project budget, NTIA will allow costs for

personnel, fringe benefits, travel, consultants and other contractual

services, supplies, and other costs which are reasonable and necessary

to manage the operation of a satellite communications network.

Communications and computer equipment costs are eligible as necessary

in order to provide communications services to meet the education,

medical, and cultural needs of the Pacific Basin communities. The costs

allowable under this Notice are not subject to the limitation on costs

contained in the January 5, 1998 Notice regarding the PTFP Program.

The total dollar amount of indirect costs proposed in an

application must not exceed the indirect costs rate negotiated and

approved by a cognizant federal agency or 100 percent of the total

proposed direct cost dollar amount in the application, whichever is

less.

III. Notice of Applications Received

NTIA will publish a notice in the Federal Register listing all

applications received in response to this notice. Listing an

application in such a notice merely acknowledges receipt of an

application to compete for funding with other applications. Publication

does not preclude subsequent return or disapproval of the application,

nor does it assure that the application will be funded. The notice will

also include a request for comments on the applications from any

interested party.

IV. Evaluation Process

Each eligible application will be reviewed by a panel of outside

reviewers who have demonstrated expertise in the programmatic and

technological aspects of the application. The review panel will

evaluate applications according to the following evaluation criteria

and will provide written ratings of each application. The first three

criteria, (1) Meeting the Purposes of the PEACESAT Program, (2) Extent

of Need for the Project, and (3) Plan of Operation for the Project, are

each worth 25 points. Criterion (4) Budget and Cost Effectiveness is

worth 20 points and Criterion (5) Quality of Key Personnel is worth 5

points.

Criteria 1. Meeting the Purposes of the PEACESAT Program

(i) How well the proposal meets the objectives of the PEACESAT

Program and (ii) How the objectives of the proposal further the

purposes of the PEACESAT Program.

Criteria 2. Extent of Need for the Project

Determine the extent to which the project meets the needs of the

PEACESAT Program, 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.

Criteria 3. 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 objects 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; and (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.

Criteria 4. Budget and Cost Effectiveness

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.

Criteria 5. Quality of Key Personnel

Applicant plans to use on the project, including: (I) The

qualifications of the project director (if one is to be used); (ii) the

qualifications of each of the other key personnel to be used in the

project; (iii) The time that each person will commit to the project;

and (iv) How the applicant, as part of its nondiscriminatory employment

practices, will ensure that its personnel are selected for employment

without regard to race, color, national origin, gender, age, or

handicapping condition. In this section, qualifications refer to the

experience and training in fields related to the objects of the

project; and any other qualifications that pertain to the quality of

the project.

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V. Selection Process

The program staff prepares summary recommendations for the Director

of the Public Broadcasting Division. These recommendations include

outside reviewers' ratings and will incorporate analysis based on the

degree to which a proposed project meets the program purpose and cost

eligibility as described in Section II of this Notice. Staff

recommendations also consider (1) project impact, (2) the cost/benefit

of a project and (3) whether review panels have consistently applied

the evaluation criteria. The analysis of program staff will be provided

to the Director of the Public Broadcasting Division in writing.

The Director will recommend the funding order of the applications

for the PTFP and PEACESAT Programs taking into consideration the

outside reviewers' ratings, the summary recommendations prepared by

program staff, and the relative rating of the PEACESAT and PTFP

applications. The Director will present recommendations to the Office

of Telecommunications and Information Applications (OTIA) Associate

Administrator for review and approval. The Director recommends the

funding order for applications in three categories: ``Recommended for

Funding,'' ``Recommended for Funding if Funds Available,'' and ``Not

Recommended for Funding.'' The selection factors retained by the

Director, OTIA Associate Administrator, and the Assistant Secretary for

Telecommunications and Information for the PTFP Program are described

in 15 CFR 2301.18. These sections factors will also be used, as

applicable, for selection of applications for funding for the PEACESAT

Program.

Upon review and approval by the OTIA Associate Administrator, the

Director's recommendations will then be presented to the Selection

Official, the NTIA Administrator. The NTIA Administrator selects the

applications to be negotiated for possible grant award taking into

consideration the outside reviewers rating, the Director's

recommendations and the degree to which the slate of applications,

taken as a whole, satisfies the PTFP and PEACESAT Program's stated

purposes. These applications are negotiated between NTIA staff and the

applicant. The negotiations are intended to resolve whatever

differences might exist between the applicant's original request and

what NTIA proposes to fund. During negotiations, some applications may

be dropped from the proposed slate, due to lack of Federal

Communications Commission licensing authority, an applicant's inability

to make adequate assurances or certifications, or other reasons.

Negotiation of an application does not ensure that a final award will

be made. When the negotiations are completed, the Director recommends

final selections to the NTIA Administrator applying the same factors as

listed above. The Administrator then makes the final award selections

from the negotiated applications taking into consideration the

Director's recommendations and the degree to which the slate of

applications, taken as a whole, satisfies the stated purposes for the

PTFP Program in 15 CFR 2301.1(a) and (c) and for the PEACESAT Program.

VI. Project Period

Any project awarded pursuant to this notice will be for a one-year

period.

Authority: P.L. 105-119, ``The Departments of Commerce, Justice,

and State, and Related Agencies Appropriations Act, 1998.''

Dr. Bernadette McGuire-Rivera,

Associate Administrator, Office of Telecommunications and Information

Applications.

[FR Doc. 98-7163 Filed 3-18-98; 8:45 am]

BILLING CODE 3510-60-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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