[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Notices]
[Pages 8579-8592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5062]



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DEPARTMENT OF DEFENSE
Defense Logistics Agency


Cooperative Agreement Revised Procedures

AGENCY: Defense Logistics Agency (DLA).

ACTION: Cooperative Agreements Proposed Revised Procedures.

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SUMMARY: This proposed revised procedure implements Title 10, United 
States Code, Chapter 142, as amended, which authorizes the Secretary of 
Defense, acting through the Director, Defense Logistics Agency, to 
enter into cost sharing cooperative agreements to support procurement 
technical 

[[Page 8580]]
assistance programs established by state and local governments, private 
nonprofit organizations, Tribal organizations, and Indian-owned 
economic enterprises. Subpart III of this issuance establishes the 
proposed administrative procedures to be implemented by DLA to enter 
into such agreements for this purpose.

Dates: Comments will be accepted until March 29, 1996. Proposed 
effective date: April 8, 1996.

For further information contact: Mr. Sim Mitchell, Program Manager, 
Office of Small and Disadvantaged Business Utilization (DDAS), Defense 
Logistics Agency, 8725 John J. Kingsman Rd., Suite 2533, Fort Belvoir, 
VA 22060-6221, Telephone (703) 767-1650.
Sim C. Mitchell,
Program Manager, Office of Small and Disadvantaged Business 
Utilization.

I. Background Information

    The Procurement Technical Assistance Cooperative Agreement Program 
(PTACAP) was established by the Fiscal Year (FY) 1985 Department of 
Defense (DoD) Authorization Act, Public Law 98-525. The Public Law 
amended Title 10, United States Code (U.S.C.), by adding Chapter 142. 
Title 10, U.S.C., as amended, continues to authorize the Secretary of 
Defense, acting through the Director, Defense Logistics Agency (DLA), 
to enter into cost sharing cooperative agreements to support 
procurement technical assistance (PTA) programs established by eligible 
entities.
    DoD's efforts to increase competition in the private sector have 
been supplemented by many state and local governments, and other 
entities that operate PTA programs. The DoD PTACAP provides assistance 
to eligible entities by sharing the cost of establishing new and/or 
maintaining existing PTA programs.
    The enabling legislation placed the following limitation on the use 
of funds allocated to the program:
    A. DoD's share of an eligible entity's net program cost shall not 
exceed 50%, unless the eligible entity proposes to cover a distressed 
area. If the eligible entity proposes to cover a distressed area, the 
DoD share may be increased to an amount not to exceed 75%. In no event 
shall DoD's share of net program cost exceed $150,000 for programs 
providing less than statewide coverage or $300,000 for programs 
providing statewide coverage.
    B. For the American Indian program, DoD's share of net program cost 
shall not exceed 75% or $150,000, whichever is less, for programs 
providing services on reservations within one Bureau of Indian Affairs 
(BIA) service area. For programs providing services to 100% of the 
reservations located within one BIA service area and at least 50% of 
the reservations located within another BIA service area (multi-area 
coverage), DoD's share of net program cost shall not exceed 75% or 
$300,000, whichever is less.
    C. No funds available to DoD may be provided by grant or contract 
to any institution of higher education that has a policy of denying, or 
which effectively prevents, the Secretary of Defense from obtaining for 
military recruiting purposes--
    1. entry to campuses or access to students (individuals who are 17 
years of age or older) on campuses; or
    2. access to directory information pertaining to students.
    D. No funds appropriated or otherwise available to the Department 
of Defense may be obligated by contract or by grant (including a grant 
of funds to be available for student aid) to any institution of higher 
education that, as determined by the Secretary of Defense, has an anti-
ROTC policy and at which, as determined by the Secretary, the Secretary 
would otherwise maintain or seek to establish a unit of the Senior 
Reserve Officer Training Corps or at which the Secretary would 
otherwise enroll or seek to enroll students for participation in a unit 
of the Senior Reserve Officer Training Corps at another nearby 
institution of higher education. The term ``anti-ROTC policy'' means a 
policy or practice of an institution of higher education that--
    1. prohibits, or in effect prevents, the Secretary of Defense from 
maintaining or establishing a unit of the Senior Reserve Officer 
Training Corps at that institution, or
    2. prohibits, or in effect prevents, a student at that institution 
from enrolling in a unit of the Senior Reserve Officer Training Corps 
at another institution of higher education.
    The purpose of the proposed revised procedure is to make available 
to all eligible entities the prerequisites, policies and procedures 
that will govern the award of cooperative agreements by DLA. Also, this 
procedure establishes the guidelines that will govern the 
administration of cooperative agreements.
    Although this procedure will affect all eligible entities desiring 
to enter into a DLA awarded cooperative agreement, DLA has determined 
that this procedure does not involve a substantial issue of fact or 
law, and that it is unlikely to have a substantial or major impact on 
the Nation's economy or large numbers of individuals or businesses. 
This determination is based on the fact that the proposed cooperative 
agreement procedure implements policies already published by the Office 
of Management and Budget (OMB) pursuant to Title 31, U.S.C., Chapter 
63, Using Procurement Contracts and Grants and Cooperative Agreements. 
In addition, DLA cooperative agreements will be entered into pursuant 
to the authorities and restrictions contained in the annual DoD 
Authorization and Appropriation Acts. Therefore, public hearings were 
not conducted.

II. Other Information

    The language contained in the current cooperative agreement 
procedure limited the period of coverage to the FY 95 Program in that 
it addressed the FY 95 Authorization Act requirements in specific 
terms. This proposed revision to the procedure will provide general 
guidance for cooperative agreements entered into by the DLA and will 
become a permanent document for the duration of the FYs 96, 97 and 98 
Programs.
    Comments are invited on the procedure. Comments should be submitted 
to DLA, Office of Small and Disadvantaged Business Utilization, ATTN: 
DDAS, 8725 John J. Kingman Road, Suite 2533, Fort Belvoir, VA 22060-
6221. Comments received after March 29, 1996 may not be considered in 
formulating revisions to the Procedure.

III. Proposed Revision to DLA Procedure--Cooperative Agreements

3-1  Policy

    A. Applications for cooperative agreements are obtained through the 
issuance of a DLA solicitation for cooperative agreement applications 
(hereafter referred to as a SCAA). The contents of this procedure shall 
be incorporated, in whole or in part, into the SCAA to establish 
administrative requirements to execute and administer DLA awarded 
cooperative agreements. The SCAA may include additional administrative 
requirements that are not included herein.
    B. The SCAA is issued by the PTACAP Manager (hereafter referred to 
as Program Manager) of the DLA Office of Small and Disadvantaged 
Business Utilization every third fiscal year, i.e., FY 96, FY 99, etc. 
The Program Manager will respond to any SCAA questions that may arise.
    C. Only one application will be accepted from a single eligible 
entity. An entity that submits more than one 

[[Page 8581]]
application, or is listed as a subagreement applicant in another 
entity's application will not be considered for an award. D. 
Applications will not be accepted from applicants that apply as coequal 
partners or joint ventures. Only one organization can take the lead and 
primary responsibility for the proposed program. In other words, only 
one eligible entity can submit an application.
    E. Applications will not be accepted from applicants who propose to 
provide less than county or equivalent (i.e., parish, borough) 
coverage. For example, if an applicant proposes to service any part of 
a county or equivalent, the applicant must service the entire county or 
equivalent.
    F. Cooperative agreements will be awarded on a competitive basis 
consistent with the SCAA. It is DLA's policy to encourage fair and open 
competition when awarding cooperative agreements.
    G. Letters of support and recommendation from Members of Congress 
are not necessary and will not be considered in the evaluation and 
selection of applications to receive cooperative agreement awards.
    H. The SCAA shall be given the widest practical dissemination. It 
will be made available to all known eligible entities and to those that 
request copies after its issuance. All eligible entities interested in 
submitting an application under the SCAA will be invited to participate 
in a pre-application conference. Pre-application conferences will be 
held at the locations designated in the SCAA, approximately 30 calendar 
days prior to the SCAA's closing date.
    I. The SCAA shall not be considered to be an offer made by DoD. It 
will not obligate DoD to make any awards under this Program.
    J. In the event that insufficient funds are available to award all 
applicants that meet the minimum requirements, only those applicants 
found to be the most meritorious will be funded for an award.
    K. If selected for an award, the applicant is bound to perform the 
services described in its application when the application is 
incorporated into the cooperative agreement award document.
    L. DoD is not responsible for any monies expended or expenses 
incurred by applicants prior to the award of a cost sharing cooperative 
agreement. However, actual travel expenses incurred by FY 96 award 
recipients to participate in a FY 96 pre-application and/or postaward 
training conference may be reimbursed under the FY 96 cooperative 
agreement award subject to the provisions of the applicable cost 
principles.
    M. The award of a cooperative agreement under this Program shall 
not, in any way, obligate DoD to enter into a contract or give 
preference for the award of a contract to a business or firm which is 
or becomes a client of a DLA cooperative agreement recipient.
    N. Cooperative agreement recipients must give special emphasis to 
assisting small disadvantaged business (SDB) firms and any historically 
black colleges and minority institutions that participate or aspire to 
participate in DoD prime and subcontracting opportunities. A concerted 
effort must be made by recipients to identify SDB firms and provide 
them with marketing and technical assistance, particularly where such 
firms are referred for assistance by a DoD component, other Federal 
agencies, and state and/or local governments.
    O. Award recipients are not required to obtain or retain private, 
profit and/or nonprofit consultants to support the program. Any 
subcontract costs being proposed for consulting services shall not 
exceed 10% of total program cost for the general program or 25% of 
total program cost under the American Indian program. Applications 
containing subcontracting costs for consultant services in excess of 
10% of total program cost for the general program and 25% of total 
program cost for the American Indian program, will be removed from 
consideration for an award.
    P. Reasonable quantities of government publications, such as 
``Selling to the Military,'' may be furnished to award recipients at no 
cost, subject to availability. All requests for such publications must 
be submitted to the cognizant Deputy for Small Business.
    Q. Each cooperative agreement recipient's area of performance will 
be limited to the county(ies) or equivalent specified in its 
cooperative agreement award. Recipients may voluntarily service clients 
outside their area of performance provided that the client's location 
is not being serviced by another PTA recipient. For the American Indian 
program, the recipient's area of performance will be limited to the 
reservation(s) specified in its cooperative agreement.
    R. For the American Indian program, if a tribal organization is to 
perform services benefiting other Indian tribe(s), written approval 
must be obtained by the eligible entity from each Indian tribe it plans 
to service. Approval will consist of a written statement (signed by a 
responsible official authorized to legally bind the Indian tribe it 
plans to service) indicating that the Indian tribe approves and agrees 
to accept the services to be provided by the tribal organization.
    S. Cooperative agreement awards shall not be made to entities 
listed in the General Services Administration's (GSA) ``Lists of 
Parties Excluded from Federal Procurement or Nonprocurement Programs.'' 
Cooperative agreements will not be awarded to entities who employ any 
person listed in GSA's ``Lists of Parties Excluded from Federal 
Procurement or Nonprocurement Programs.''
    T. Applications submitted in response to the SCAA shall cover a 12, 
24 or 36-month period. All other applications proposing different 
periods will not be considered for an award.
    U. To be considered during the evaluation process, part-time PTA 
program employees must be employed by the PTA program a minimum of 
three calendar months per year for the base year and each of the option 
years. Time employed must be performed continuously or incrementally 
for each 12-month period.
    V. Cooperative agreement recipients shall not purchase non-
expendable tangible personal property with a delivery date later than 
90 days prior to the expiration of the cooperative agreement's 
effective period. Cost of non-expendable tangible personal property 
delivered later than 90 days prior to the expiration of the cooperative 
agreement's effective period will be disallowed.
    W. Cooperative agreement recipients will be authorized to use GSA's 
subscription schedules. Usage will be limited to subscription services 
only.
    X. Cooperative agreement recipients are required to provide 
information to their clients relating to the objectives of the 
Government's Electronic Commerce/Electronic Data Interchange (EC/EDI) 
initiatives which are as follow:
    1. Exchange procurement information such as solicitations, offers, 
contracts, purchase orders, invoices, payments, and other contractual 
documents electronically between the private sector and the Federal 
government to the maximum practicable extent;
    2. Provide businesses, including small, small disadvantaged, and 
women-owned businesses with greater access to Federal procurement 
opportunities;
    3. Ensure that potential suppliers are provided simplified access 
to the Federal government's electronic commerce system;
    4. Employ nationally and internationally recognized data formats 
that serve to broaden and ease the 

[[Page 8582]]
electronic inter- change of data. (These formats are the ANSI ASC X-12 
and UNEDIFACT formats); and
    5. Use agency and industry systems and networks to enable the 
Government and potential suppliers to exchange information and access 
Federal procurement data.
    Y. The recipient may add funds to its program after all program 
funds are properly expended and before expiration of the cooperative 
agreement's effective period. In the event funds are added to the 
program, the reimbursable ratio will not be affected and the funds will 
not require allocation by object class category. However, total funds 
expended during the effective period must be reported on the DLA Form 
1806, Procurement Technical Assistance Cooperative Agreement 
Performance Report. The expenditure of additional funds shall be made 
in accordance with the applicable cost principles.
    Z. If the recipient charges or plans to charge a fee or service 
charge for PTA given to business firms/clients, or receives any other 
income as a result of operating the PTACAP, the amount of such 
reimbursement must be added to total program cost.

3-2  Scope

    This procedure implements Title 10, U.S.C., Chapter 142, as 
amended, and establishes procedures and guidelines for the award and 
administration of cost sharing cooperative agreements entered into 
between DLA and eligible entities. Under these agreements, financial 
assistance provided by DoD to recipients will cover the DoD share of 
the cost of establishing new and/or maintaining existing PTA programs 
which furnish PTA to business entities.

3-3  Definitions

    The following definitions apply for the purpose of this procedure.
    A. Act. The enabling legislation that authorizes the establishment 
and continuation of the PTA Cooperative Agreement Program each fiscal 
year.
    B. Administrative Grants Officer (AGO). A person with the authority 
to administer grants or cooperative agreements consistent with the 
authority delegated by the Grants Officer.
    C. Agency. A field office, of one of the twelve service areas, as 
published by the Bureau of Indian Affairs (BIA), US Department of the 
Interior.
    D. American National Standards Institute (ANSI) Standard. A 
document published by ANSI that has been approved through the consensus 
process of public announcement and review. Each of these standards must 
have been developed by an ANSI committee and must be revisited by that 
committee within five years after approval for update.
    E. Cash contributions. The recipient's cash outlay, including the 
outlay of money contributed to the recipient by third parties.
    F. Civil jurisdiction. All cities with a population of at least 
25,000 and all counties. Townships of 25,000 or more population are 
also considered as civil jurisdictions in four States (Michigan, New 
Jersey, New York, and Pennsylvania). In Connecticut, Massachusetts, 
Puerto Rico and Rhode Island where counties have very limited or no 
government functions, the classifications are done for individual 
towns.
    G. Client. A recognized business entity, including a corporation, 
partnership, or sole proprietorship, organized for profit or nonprofit, 
which is small or other than small, that has the potential or is 
seeking to market its goods and/or services as a prime or subcontractor 
to DoD, other Federal agencies, state and/or local governments. For the 
American Indian program, the client must be located on a reservation.
    H. Commercial Item.
    1. Any item, other than real property, that is of a type 
customarily used for nongovernmental purposes and that--
    a. has been sold, leased, or licensed to the general public; or,
    b. Has been offered for sale, lease, or license to the general 
public;
    2. Any item that evolved from an item described in paragraph 1. of 
this definition through advances in technology or performance and that 
is not yet available in the commercial marketplace, but will be 
available in the commercial marketplace in time to satisfy the delivery 
requirements under a Government solicitation;
    3. Any item that would satisfy a criterion expressed in paragraph 
1. or 2. of this definition, but for--
    a. Modifications of a type customarily available in the commercial 
marketplace; or
    b. Minor modifications of a type not customarily available in the 
commercial marketplace made to meet Federal Government requirements. 
``Minor'' modifications means modifications that do not significantly 
alter the nongovernmental function or essential physical 
characteristics of an item or component, or change the purpose of a 
process. Factors to be considered in determining whether a modification 
is minor include the value and size of the modification and the 
comparative value and size of the final product. Dollar values and 
percentages may be used as guideposts, but are not conclusive evidence 
that a modification is minor;
    4. Any combination of items meeting the requirements of paragraph 
1., 2., 3., or 5. of this definition that are of a type customarily 
combined and sold in combination to the general public;
    5. Installation services, maintenance services, repair services, 
training services, and other services if such services are procured for 
support of an item referred to in paragraph 1., 2., 3., or 4. of this 
definition, and if the source of such services--
    a. Offers such services to the general public and the Federal 
Government contemporaneously and under similar terms and conditions; 
and
    b. Offers to use the same work force for providing the Federal 
Government with such services as the source uses for providing such 
services to the general public;
    6. Services of a type offered and sold competitively in substantial 
quantities in the commercial marketplace based on established catalog 
or market prices for specific tasks performed under standard commercial 
terms and conditions. This does not include services that are sold 
based on hourly rates without an established catalog or market price 
for a specific service performed;
    7. Any item, combination of items, or service referred to in 
paragraphs 1. through 6., notwithstanding the fact that the item, 
combination of items, or service is transferred between or among 
separate divisions, subsidiaries, or affiliates of a contractor; or
    8. A nondevelopmental item, if the procuring agency determines the 
item was developed exclusively at private expense and sold in 
substantial quantities, on a competitive basis, to multiple State and 
local governments.
    I. Consultant services. Marketing and technical assistance obtained 
from private nonprofit and/or profit making individuals, organizations 
or otherwise qualified business entities to augment the capabilities of 
the PTA center.
    J. Cooperative agreement. A binding legal instrument reflecting a 
relationship between DLA and the recipient of a cooperative agreement 
when the principal purpose of the relationship is to transfer a thing 
of value to the recipient to carry out a public purpose of support or 
stimulation authorized by a law of the United States instead of 
acquiring property or services for the direct benefit or use of the US 
Government. Substantial involvement is expected between DLA and the 
recipient when 

[[Page 8583]]
carrying out the activity contemplated in the agreement.
    K. Cooperative agreement Application. An applicant's response to 
the SCAA describing its planned PTA program.
    L. Cooperative agreement award recipient. An organization receiving 
financial assistance directly from DLA to carry out a PTA program. 
Awards will only be made to legal entities recognized under the laws in 
the State in which the entity is organized.
    M. Cost matching or sharing. The portion of project or program 
costs not borne by the Federal Government.
    N. Counseling session. A documented counseling session (telephone 
call, correspondence or personal discussion) held with a business firm/
client, where professional guidance is provided to assist the business 
firm/client in marketing its goods and/or services to DoD, other 
Federal agencies, and state and local governments. This includes, but 
is not limited to, providing advice and assistance such as:
    1. assisting business firms by providing marketing and technical 
assistance in selling their goods and/or services to DoD, other Federal 
agencies, and state and local governments;
    2. assisting with understanding specifications;
    3. preparing applicants to be placed on solicitation mailing lists;
    4. preparing offers;
    5. providing postaward assistance in areas such as production, 
quality system requirements, finance, engineering, transportation and 
packaging; and
    6. providing information to business firms/clients on the DoD 
Mentor-Protege Pilot Program; Defense Conversion, Reinvestment and 
Transition Assistance Act of 1992; The Metric Conversion Act; 
Electronic Commerce/Electronic Data Interchange (EC/EDI); and 
commercial item acquisitions. The distribution of publications, 
specifications, bid matches or simply referring business firms/clients 
to another source for advice or assistance is not a counseling session.
    O. Direct cost. Any cost that can be identified specifically with a 
particular final cost objective. No final cost objective shall have 
allocated to it as a direct cost any cost, if other costs incurred for 
the same purpose, in like circumstances, have been included in any 
indirect cost pool to be allocated to that or any other final cost 
objective.
    P. Distressed area. The geographical area to be serviced by an 
eligible entity in providing PTA to business firms physically located 
within an area that:
    1. has a per capita income of 80% or less of that State's average;
    2. has an unemployment rate that is one percent greater than the 
national average for the most recent 24-month period in which 
statistics are available; or
    3. is a ``reservation'' which includes Indian reservations, public 
domain Indian allotments, former Indian reservations in Oklahoma, and 
land held by incorporated Native groups, regional corporations, and 
village corporations under the provisions of the Alaska Native Claims 
Settlement Act.
    Q. Duplicate coverage. A situation caused by two or more applicants 
offering to provide marketing and technical assistance to clients 
located within the same county(ies) or equivalent within the same 
geographic area.
    R. Electronic Commerce (EC). The end-to-end, paperless business 
environment that integrates electronic transfer and automated business 
systems. EC includes EDI, FAX, Bar Coding, Electronic Funds Transfer, 
etc.
    S. Electronic Commerce in Contracting (ECIC). Refers to electronic 
procurement transactions.
    T. Electronic Data Interchange (EDI). A subset of EC. EDI is the 
computer-to-computer exchange of routine business transactions.
    U. Eligible entities. Organizations qualifying to submit an 
application as follows:
    1. General Program:
    a. State government. Any of the several states of the United 
States, the District of Columbia, the Commonwealth of Puerto Rico, any 
territory or possession of the United States, or any agency or 
instrumentality of a State, exclusive of local governments. The term 
does not include any public and Indian housing agency under the US 
Housing Act of 1937.
    b. Local government. A county, municipality, city, town, township, 
local public authority (including any public and Indian Housing agency 
under the US Housing Act of 1937), school district, special district, 
intrastate district, council of governments (whether or not 
incorporated as a nonprofit corporation under State law), any other 
regional or interstate government entity (such as regional planning 
agencies), or any agency or instrumentality of a local government. The 
term does not include institutions of higher education and hospitals.
    c. Private, nonprofit organizations.
    (1) A business entity organized and operated exclusively for 
charitable, scientific, or educational purposes, of which no part of 
the earnings inure to the benefit of any private shareholder or 
individual, of which no substantial part of the activities is carrying 
on propaganda or otherwise attempting to influence legislation or 
participating in any political campaign on behalf of any candidate for 
public office, and which are exempt from Federal income taxation under 
section 501 of the Internal Revenue Code.
    (2) American Indian Program:
    (a) Indian Economic enterprise. Any Indian-owned (as defined by the 
Secretary of the Interior) commercial, industrial, or business activity 
established or organized, whether or not such economic enterprise is 
organized for profit or nonprofit purposes: Provided, That such Indian 
ownership shall constitute not less than 51 per centum of the 
enterprise.
    (b) Indian/Tribal Organization). The recognized governing body of 
any Indian tribe; any legally established organization of Indians which 
is controlled, sanctioned, or chartered by such governing body, or 
which is democratically elected by the adult members of the Indian 
community to be served by such organization and which includes the 
maximum participation of Indians in all phases of its activities: 
Provided, that in any case where a cooperative agreement is made to an 
organization to perform services benefitting more than one Indian 
tribe, the approval of each such Indian tribe shall be a prerequisite 
to the letting or making of such cooperative agreement.
    V. Existing program. Any PTA program that had a cooperative 
agreement with DLA for one or more years.
    W. Federal funds authorized. The total amount of Federal funds 
obligated by the Federal government for use by the recipient.
    X. Follow-up counseling session. A counseling session held with a 
client subsequent to the initial counseling session.
    Y. Grants officer. An official with the authority to enter into, 
administer, and/or terminate grants or cooperative agreements.
    Z. Indian. Any person who is a member of any Indian tribe, band, 
group, pueblo, or community which is recognized by the Federal 
Government as eligible for services from the BIA and any ``Native'' as 
defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et 
seq.].
    AA. Indian tribe. Any Indian tribe, band, group, pueblo, or 
community, including Native villages and Native groups (including 
corporations organized by Kenai, Sitka, and Kodiak) as defined in the 
Alaska Native Claims Settlement Act [43 USC Section 1601 et 

[[Page 8584]]
seq.], which is recognized by the Federal Government as eligible for 
services from the Bureau of Indian Affairs.
    AB. Indirect cost. Any cost not directly identified with a single 
final cost objective, but identified with two or more final cost 
objectives or an intermediate cost objective. An indirect cost is not 
subject to treatment as a direct cost.
    AC. Initial counseling session. The first counseling session held 
by a recipient with a business firm. The initial counseling session may 
determine that the business firm has no potential to do business with a 
Federal agency and/or state and local government.
    AD. In-kind contributions. The value of noncash contributions 
provided by the eligible entity and non-Federal parties to the PTA 
Program. Only when authorized by Federal legislation may property or 
services purchased with Federal funds be considered as in-kind 
contributions. In-kind contributions may be in the form of charges for 
real property and nonexpendable personal property and the value of 
goods and services directly benefiting and specifically identifiable to 
the project or program.
    AE. Integrated automated information environment. Computer-to-
computer exchange of public standard formatted messages through use of 
a VAN.
    AF. Multi-area coverage. A PTA program that proposes to service 
100% of the reservations located within one BIA service area and at 
least 50% of the reservations located within another BIA service area.
    AG. Net program cost. The total program cost from all authorized 
sources- less any program income and/or other Federal funds not 
authorized to be shared.
    AH. Networking. A method of providing assistance throughout the 
area to be serviced. Examples include:
    1. locating assistance offices in area of industrial concentration;
    2. establishing and/or maintaining data links with other 
organizations; and
    3. creating data exchanges.
    AI. New start. An eligible entity that is not an existing program.
    AJ. Non-profit agencies representing the blind and severely 
disabled. A qualified nonprofit agency for the blind or the severely 
disabled which produces a commodity for, or provides a service to, the 
Government. For the PTACAP workshops may be treated as small 
businesses.
    AK. Other Federal funds. Federal funds such as those provided by 
Federal agency(ies) other than the DoD PTA Cooperative Agreement 
Program. When authorized by statute, Federal funds received from other 
sources, including grants, may be used as cost sharing and/or cost 
matching contributions.
    AL. Outlays/expenditures. Charges made to the PTA program. They may 
be reported on a cash or accrual basis.
    1. Cash basis. For reports prepared on a cash basis, outlays are 
the sum of:
    a. cash disbursements for direct charges for goods and services;
    b. the amount of indirect expense charged;
    c. the value of third party in-kind contributions applied; and
    d. the amount of cash advances and payments made to subrecipients.
    2. Accrual basis. For reports prepared on an accrual basis, outlays 
are the sum of:
    a. cash disbursements for direct charges for goods and services;
    b. the amount of indirect expense incurred;
    c. the value of in-kind contributions applied:
    d. the net increase (or decrease) in the amounts owed by the 
recipient for goods and other property received, for services performed 
by employees, contractors, subrecipients and other payees; and
    e. other amounts becoming owed under programs for which no current 
services or performance are required.
    AM. Per capita income. The estimated average amount per person of 
total money income received during the calendar year for all persons 
residing in a given political jurisdiction as published by the US 
Department of Commerce, Bureau of the Census.
    AN. Prior approval. Written approval given by an authorized 
official evidencing prior consent as required by the cooperative 
agreement award document.
    AO. Procurement Technical Assistance Cooperative Agreement Program 
(PTACAP). A program established to generate employment and improve the 
general economy of a locality by assisting business firms in obtaining 
and performing under DoD, other Federal agency and state and local 
government contracts.
    AP. Program income. Gross income earned by the recipient or 
subrecipient from cooperative agreement supported activities. Program 
income includes fees for services performed, and the use or rental of 
personal property acquired with cooperative agreement funds. Except as 
otherwise provided in program regulations or the terms and conditions 
of the award, program income does not include the receipt of principal, 
interest or loans, rebates, credits, discounts, refunds, etc., or 
interest earned on any of them.
    AQ. Public Standard Format. A data exchange format which includes 
the ANSI format ASC X-12 and/or the United Nations Electronic Data 
Interchange for Administration, Commerce and Transport (UNEDIFACT).
    AR. Reservation. Includes Indian reservations, public domain Indian 
allotments, former Indian reservations in Oklahoma, and land held by 
incorporated Native groups, regional corporations, and village 
corporations under the provisions of the Alaska Native Claims 
Settlement Act [43 U.S.C.A., Section 1601 et seq.].
    AS. Service area. Any one of twelve area offices, as published by 
the US Department of the Interior, BIA, to include: Aberdeen, 
Albuquerque, Anardako, Billings, Eastern, Juneau, Minneapolis, 
Muskogee, Navajo, Phoenix, Portland and Sacramento.
    AT. Small business (SB). As used in this solicitation, a business, 
including its affiliates, that is independently owned and operated, not 
dominant in the field of operation in which it is bidding on Government 
contracts, and qualified as SB under the criteria and size standards in 
13 CFR 121.
    AU. Small disadvantaged business (SDB). As used in this 
solicitation, a SB concern that is at least 51 percent unconditionally 
owned by one or more individuals who are both socially and economically 
disadvantaged, or a publicly owned business that has at least 51 
percent of its stock unconditionally owned by one or more socially and 
economically disadvantaged individuals and that has its management and 
daily business controlled by one or more such individuals. This term 
also means a SB concern that is at least 51 percent unconditionally 
owned by an economically disadvantaged Indian tribe or Native Hawaiian 
organization, or publicly owned business that has at least 51 percent 
of its stock unconditionally owned by one of these entities, that has 
its management and daily business controlled by members of an 
economically disadvantaged Indian tribe or Native Hawaiian organization 
that meets the requirements of 13 CFR 124.
    AV. Solicitation for cooperative agreement applications (SCAA). A 
document issued by DLA containing provisions and evaluation factors 
applicable to all applicants which apply for a PTA cooperative 
agreement.
    AW. Statewide coverage. A PTA program which proposes to service at 
least 50% of a State's counties or 

[[Page 8585]]
equivalent and 75% of the State's labor force.
    AX. Subrecipient. The legal entity to which a written subagreement 
is awarded and which is accountable to the recipient of a cooperative 
agreement from DLA and any modification(s) thereto.
    AY. Third party in-kind contributions. The value of non-cash 
contributions provided by non-Federal third parties. Third party in-
kind contributions may be in the form of real property, equipment, 
supplies and other expendable property, and the value of goods and 
services directly benefiting and specifically identifiable to the 
PTACAP.
    AZ. Total program cost. All allowable costs as set forth in OMB 
Circular A-21, A-87 and A-122, as applicable.
    A1. Total program outlays. All charges made to the PTA program. 
These charges include cash disbursements for direct charges for goods 
and services, the amount of indirect expense charged, the value of in-
kind contributions applied, and the net increase (or decrease) in the 
amounts owed by the recipient for goods and other property received for 
services performed by employees, contractors and other payees, and 
other amounts becoming owed under programs for which no current 
services or performances are required.
    A2. Unliquidated obligations. For financial reports prepared on a 
cash basis, means the amount of obligations incurred by the recipient 
that has not been paid. For reports prepared on an accrued expenditure 
basis, they represent the amount of obligations incurred by the 
recipient for which an outlay has not been recorded.
    A3. Unobligated balance. The portion of the funds authorized by DLA 
that has not been obligated by the recipient which is determined by 
deducting the cumulative obligations from the cumulative funds 
authorized.
    A4. Value added network (VAN). A commercial telecommunications 
service provider which passes electronic commerce traffic between a 
government entity and a commercial, private sector vendor.
    A5. Woman-owned small business (WOB). A small business concern--(i) 
which is at least 51 per centum owned by one or more women; or in the 
case of a publicly owned business, at least 51 per centum of the stock 
of which is owned by one or more women; and (ii) whose management and 
daily business operations are controlled by one or more women.

3-4  Program Purpose and Requirements

    A. The purpose of the PTACAP is to generate employment and to 
improve the general economy of a locality by assisting business firms 
in obtaining and performing under Federal, state and local government 
contracts.
    B. Each PTA center must meet these minimum requirements set forth 
below. Failure to meet any of these requirements will be cause to deny 
or terminate an award.
    1. Service Area
    Analyze the service area to identify its geographic and demographic 
characteristics. The applicant must maintain and provide information 
regarding the characteristics of the local economy (distressed or 
nondistressed) and the type of business firms located in the service 
area (SB, WOB, SDB, OTSB). Information must include:
    a. An explanation how the business community will be made aware of 
the PTA Program; the types of assistance being offered to clients; what 
is required from a business firm to become a PTA center's client; and 
the impact the PTA center will have in generating employment within the 
service area.
    b. The total number of counties or equivalent within the State and 
the identification of each county the applicant plans to service.
    c. The average unemployment level for each county the applicant 
plans to service.
    d. The average per capita income of the State and each county the 
applicant plans to service.
    e. The total number of procurement outreach conferences the 
applicant plans to sponsor.
    f. The total number of procurement outreach conferences the 
applicant plans to participate in other than as a sponsor.
    g. The state's total population and the percent of the population 
that the applicant plans to service.
    h. The total number of SB, WOB, SDB, and OTSB the applicant plans 
to service.
2. Counseling and Client Information
    Applicants must provide clients with counseling and information 
regarding marketing their goods and services to DoD, other Federal 
agencies, and state and local governments. The applicant shall:
    a. Analyze the types of business firms within their geographic area 
to determine the types to be counseled (by product or service offered).
    b. Shall maintain regulations and publications (or identify sources 
for obtaining) that govern Federal, state and local government 
procurement, as applicable.
    c. Identify marketing opportunities for clients consistent with 
their products and services.
    d. Assist and advise clients concerning post award functions.
    e. Educate clients in the following areas:
    (1) DoD Mentor-Protege Pilot Program.
    (2) Defense Conversion, Reinvestment and Transition Assistance Act 
of 1992.
    (3) The Metric Conversion Act.
    (4) The requirements and procedures used by DoD and other Federal 
agencies in the acquisition of commercial products.
    f. Maintain records to document services provided during all 
counseling sessions (initial and follow-up) to include preparation of 
bidders mailing list applications.
3. Electronic Commerce/Electronic Data Interchange
    (EC/EDI)--Applicant must provide its clients with information 
pertaining to Electronic Commerce in Contracting (ECIC), including the 
routine computer exchange of procurement information such as 
solicitations, offers, contracts, purchase orders, invoices, payments, 
and other contractual documents electronically exchanged between the 
private sector and the Federal Government, to the maximum extent 
practicable, using ANSI ASC X-12 standards. Information to be provided 
to the client should include:
    a. An explanation of how the business community will benefit from 
using EC/EDI.
    b. A complete understanding of the Federal Government EC/EDI 
program to include:
    (1) An identification and explanation of the functions of the 
various components of EC/EDI, such as Value Added network (VANs) and 
Value Added Services (VASs), Government gateways and networks, 
translation software, necessary hardware, and the Central Contractor 
Registration (CCR) system.
    (2) An explanation of current OSD and Federal policies regarding 
ECIC.
    (3) An explanation of transaction sets and implementation 
conventions.
    (4) An explanation of the impact and applicability of the Internet 
on ECIC, including identification of Government home pages, electronic 
catalogs, electronic bulletin boards and other relevant net sites.
    (5) Explanation of FACNET requirements and DoD and Federal efforts 
(and status) on meeting these requirements. 

[[Page 8586]]

4. Postaward Assistance
    Applicant must assist, as appropriate, their clients with 
understanding Federal, state and local government requirements 
applicable to contracting for services, manufacturing, construction or 
other markets. As a minimum, the assistance should include but is not 
limited to:

a. Production
b. Quality System
c. Accounting system requirements, and contract payments
d. Transportation
e. Packaging
f. Subcontracting
g. Property
5. Performance Reporting
    The PTA center shall collect sufficient information from its 
clients to supplement information maintained in its files to report 
current, complete and accurate information required by the Procurement 
Technical Assistance Cooperative Agreement Performance Report (DLA Form 
1806). The DLA Form 1806 shall be submitted to the cognizant contract 
administration activity on a semiannual basis. The PTA center shall:
    a. Segregate data by origin of award (DoD, other Federal agency, 
state and local government) and type of business (small and other than 
small) and socioeconomic status of the business receiving the award 
(SB, SDB, WOB, OTSB).
    b. Have on file:
    (1) A minimum of five success stories attesting to the PTA provided 
to DoD clients during the base and each option year. Each success story 
must be verified by a letter from the applicant's client stating that 
the story is true and has resulted from the direct and exclusive effort 
on behalf of the client by the PTA center.
    (2) The number and dollar value of prime and subcontract awards 
received.
    (3) A means of validating the number and dollar value for prime and 
subcontract awards received.
    (4) A signed statement from the client confirming that the reported 
prime and/or subcontract awards were obtained as a result of the 
assistance provided by the PTA center.
    (5) When requested by the reviewing activity, obtain detailed 
information such as: the contract awarding activity; name and telephone 
number of the point of contact at the contract awarding activity; and 
the contract number and dollar value of prime and/or subcontract awards 
from the client to support the information reported on the DLA Form 
1806, when the information is not available in the PTA center's files.
    c. Have on file for the PTA center the number of jobs generated 
and/or retain for the base and each option year resulting from the 
assistance provided by the PTA center.
6. Client Satisfaction
    Clients serviced by the award recipient shall be surveyed annually, 
as a minimum, to document client satisfaction with the assistance 
provided by the PTA center. The client shall be requested to assess the 
performance of the PTA center and its personnel in terms of:
    a. Timeliness and responsiveness to general and specific client 
needs;
    b. Flexibility and ability to change with evolving client 
circumstances;
    c. Commitment to the client's stated goals;
    d. Training offered and received, as appropriate; and,
    e. Overall capability to provide relevant advice and assistance to 
the client.
    Clients shall rate the PTA center as satisfactory or 
unsatisfactory. The file will reflect, in sufficient detail, the PTA 
center's efforts to overcome areas of client dissatisfaction. The above 
information will be compiled, documented and maintained as a part of 
each client's permanent file, and as a collective report for the entire 
PTA center. The client rating information shall be made available to 
the Grants Officer or designated representative for review upon 
request.
    C. The recipient and subrecipient(s) shall operate their PTA 
centers on a forty (40) hour week basis, or during the normal business 
hours of the state or local government or PTA center's parent 
organization throughout the effective period of the cooperative 
agreement. Vacation benefits and holidays allowed to the staff of the 
recipient and subrecipient(s) shall conform to the policy of the state 
or local government or PTA center's parent organization.

3-5  Procedures

    A. The SCAA and selection criteria are developed and prepared by 
the Headquarters (HQ), DLA PTA Cooperative Agreement Program Manager 
(hereafter referred to as Program Manager). The SCAA and selection 
criteria are approved by the HQ DLA PTA Cooperative Agreement Program 
Policy Committee (hereafter referred to as Policy Committee). The 
Policy Committee is comprised of representatives from HQ DLA. The 
Director, office of Small and Disadvantaged Business utilization, 
serves as the Policy Committee Chairman.
    B. The Policy Committee is the final administrative appeal 
authority for disputes and protests.
    C. Grants Officer (GO) as used herein refers to the GO assigned to 
HQ DLA Office of Small and Disadvantaged Business Utilization.
    D. Applications and revisions received after the deadline for 
receipt of applications, as specified in the SCAA, will not be 
evaluated unless acceptable evidence is provided by the applicant. 
Acceptable evidence to support an otherwise late application or 
revision received after the closing time and date shall consist of:
    1. An original U.S. Post Office receipt for registered or certified 
mail showing the date of mailing not later than five calendar days 
before the date specified for receipt of applications and revisions; or
    2. When sent by U.S. Postal Service Express Mail Next Day Service--
Post Office to Addressee, the date entered by the Post Office receiving 
clerk on the ``Express Mail Next Day Service--Post Office to 
Addressee'' label and the postmark on the envelope or wrapper and on 
the original receipt from the US Postal Service. The postmark date must 
be two working days prior to the date specified for receipt of 
applications. The term working days excludes weekends and Federal 
holidays. Applicants should request the postal clerk to place a legible 
hand cancellation ``bull's-eye'' postmark on both the receipt and 
envelope or wrapper.
    3. If the application or revision is hand delivered, the specific 
time and delivery date shall be supported by a receipt given by the GO 
or designated representative.
    E. The evaluation of applications and selection of award recipients 
resulting from responses to the SCAA shall be conducted as detailed 
below:
    1. The GO will evaluate each application received to determine if 
the application: (i) offers at least a county or equivalent coverage; 
(ii) contains sufficient management, technical, cost, and other 
required information; (iii) has been signed by a responsible official 
authorized to bind the eligible entity; and (iv) otherwise meets the 
requirements of the SCAA. Applications that fail to meet the 
requirements of the SCAA will be removed from further consideration for 
an award by the GO and the applicant will be promptly notified of the 
reason for removal. The applicant's application will be retained with 
any other unsuccessful application(s) by the GO.
    2. Program status classification. The GO will review and verify the 
accuracy of the applicant's program status stated 

[[Page 8587]]
in item 8, ``Type of Application'' of the Standard Form (SF) 424. If 
the GO considers the program status misclassified, the matter will be 
reviewed with the applicant. If the applicant and the GO cannot agree, 
the GO will determine the applicant's program status based upon the 
information contained in the application at the time the solicitation 
closed. The GO's decision regarding the program's status is final.
    3. Minor informalities and mistakes. The GO shall provide an 
applicant the opportunity to cure any deficiency resulting from a minor 
informality or irregularity contained in the offer or waive the 
deficiency, whichever is to the advantage of the Government. A minor 
informality or irregularity is one that is merely a matter of form and 
not of substance. It also pertains to some immaterial defect in an 
offer or variation of an offer from the exact requirements of the 
solicitation that can be corrected or waived without being prejudicial 
to other applicants. The defect or variation is immaterial when the 
effect on program quality is negligible when contrasted with the 
program's total cost. Two examples of minor informalities include the 
failure of the applicant to: (i) return the required number of copies 
of its application; and (ii) execute the certifications required by the 
SCAA clauses.
    a. In cases of apparent mistakes and in cases where the GO has 
reason to believe that a mistake may have been made, the GO shall 
request verification from the applicant that the offer ``should read as 
stated'' calling attention to the suspected mistake. Any clerical 
mistake apparent in the offer may be corrected by the GO. Examples of 
apparent mistakes are: (i) obvious misplacement of a decimal point; 
(ii) incorrect transposition of numbers; and (iii) obvious mistake in 
identifying the program status (existing versus new start program). The 
GO shall obtain from the applicant a written verification of the offer 
intended.
    b. Correction of a mistake by the GO shall be effected by attaching 
the verification to the original offer. The GO shall not make 
corrections on the application. Corrections shall be restated in the 
cooperative agreement award document, if the applicant receives an 
award.
    c. If an applicant request permission to correct a mistake, and 
clear and convincing evidence establishes the existence of the mistake, 
the GO may make a determination permitting the applicant to correct the 
mistake. The determination to allow correction of mistakes will be made 
provided that both the existence of the mistake and the application 
actually intended are established by clear and convincing evidence from 
the solicitation and application.
    4. Notification of application removal from consideration for an 
award. The GO will notify the applicant by certified mail (return 
receipt requested) if its application is removed from further 
consideration for an award.
    5. Duplicate coverage. An application shall not duplicate more than 
25%, on an individual or cumulative basis, any of the counties or 
equivalent (for the general program) or any of the reservations (for 
the Indian program) proposed by other applicants. When the GO 
determines that two or more applicants are proposing to provide 
duplicate coverage in excess of 25%, selection priority will be given 
to the applicant that is determined to be best qualified by the 
evaluation team. Only one statewide program (under the general program) 
will be awarded in a state.
    6. Each application will be reviewed by an evaluation team 
consisting of two procurement functionals, one technical functional, 
and one small business functional. Each evaluation factor will receive 
individual adjectival ratings (highly acceptable, acceptable, 
marginally acceptable, and unacceptable) based on the merit of the 
applicant's support for the particular evaluation element. The team 
will then collectively assess the overall application, taking into 
consideration the strengths and weaknesses of the application as it 
relates to each individual evaluation factor. A single adjectival 
rating will be assigned to the application which will be used to 
determine final award status. Applicants should be aware that ultimate 
award and inclusion into the DLA PTACAP may depend on funding 
limitations and constraints placed upon the Agency.
    7. Award. The award recommendations are approved by the Program 
Manager and executed by the GO.

3-6  Evaluation Plan

A. Selection Procedures
    1. This section outlines the procedures the Government will use 
during the selection process for the FY 96 PTACAP. The Government 
contemplates that multiple awards will be made from the applications 
submitted for the PTACAP. The Government at its discretion may select 
multiple applicants to perform PTACAP requirements at statewide and 
other than statewide coverage levels provided that any individual 
application shall not duplicate any counties or equivalent (general 
program), or reservations (Indian program), proposed by other 
applicants.
    2. The section entitled Evaluation Criteria describes the criteria 
the Government will use to select those applicants that provide the 
best overall value to satisfy PTACAP requirements. Evaluation criteria 
(in order of importance) are:
    a. Past Performance (Existing Programs Only);
    b. Management;
    c. Technical Qualifications;
    d. Service Area (geographic and demographic characteristics); and
    e. Cost Realism.
    3. Information provided regarding past performance will be 
evaluated by the Government to determine the applicant's ability to 
perform PTACAP requirements. Applicants selected for the basic award 
will be considered for award of option(s) if their demonstrated 
performance is equal or better than that required by the base year or 
first option year cooperative agreement award and a satisfactory or 
better performance rating is received from the cognizant contract 
administration activity. In the absence of acceptable performance by 
the original awardee, other applicants may be selected to complete the 
option period(s).
    4. Although cost realism is of lesser importance, the importance of 
cost realism could increase among applicants that are rated equally or 
nearly equal. Should applicants become equal or nearly equal in terms 
of the factors shown above, other factors listed below may be used as 
discriminating elements for determining the selection of applications 
among otherwise substantially equal applicants. These factors in 
descending order of importance are:
    a. Duplication of effort;
    b. Demographic make-up, to include population, unemployment, and 
labor surplus area coverage;
    c. Alternative methods employed to stimulate outreach efforts aimed 
at small disadvantaged businesses; and,
    d. Other strengths and weaknesses of note demonstrated in the 
application.
    5. The recommendation of applicants to participate in the PTACAP 
will be made by the Evaluation Team based on an integrated assessment 
of all applications submitted in response to the solicitation and other 
terms and conditions agreed upon prior to award. The integrated 
assessment will involve a determination by the Government of the 
overall value of each proposal 

[[Page 8588]]
judged in terms of the applicant's capability. Throughout the 
evaluation process, the Government will independently identify 
deficiencies within the applications. The team will collectively assess 
the overall application, taking into account the strengths and 
weaknesses of the application as it relates to each individual 
evaluation factor. A single adjectival rating will be assigned to the 
application, which will be used to determine final award status.
B. Evaluation Criteria
1. Past Performance (Existing Programs Only)
    a. The Government will evaluate the quality of the applicant's past 
performance. The assessment of the past performance will be used in two 
(2) ways:
    (1) First, the assessment of the offeror's performance will be used 
as one means of evaluating the credibility of the applicant's 
application. A record of marginal or unacceptable past performance may 
be considered an indication that the representations made by the 
applicant are less than reliable. Such an indication may be reflected 
in the overall assessment of the applicant's application.
    (2) Second, the assessment of the applicant's past performance will 
be used as one means of evaluating the relative capability of the 
applicant and the other applicants to meet the performance requirements 
of the PTACAP. Thus, an applicant with an exceptional record of past 
performance may receive a more favorable evaluation than another whose 
record is acceptable, even though both may have otherwise equally 
acceptable applications.
    b. In investigating an applicant's past performance, the Government 
will consider the information in the applicant's proposal and 
information obtained from other sources, such as past and present 
clients, other Government agencies, and others who may have useful 
information.
    c. Evaluation of past performance will be a subjective assessment 
based on a consideration of all relevant facts and circumstances. It 
will not be based on absolute standards of acceptable performance. The 
Government is seeking to determine whether the offeror has consistently 
demonstrated a commitment to client satisfaction and timely delivery of 
quality service at reasonable costs. This is a matter of judgement. 
Applicants may be given an opportunity to address especially 
unfavorable reports of past performance, and the applicant's response 
or lack thereof will be taken into consideration.
    d. By past performance, the Government means the applicant's record 
of conforming to the PTACAP requirements, including the administrative 
aspects of performance, reputation for reasonable and cooperative 
behavior, commitment to client satisfaction, and generally, the 
applicant's businesslike concern for the interests of the client.
2. Management
    a. The proposed management team will be rated to determine the 
degree of experience offered by the team proposed and the likelihood of 
successful management under the PTACAP.
    b. Management will be evaluated to determine whether it meets the 
PTACAP requirements.
    c. The application will be evaluated to determine the financial 
strength and soundness of the organization. The availability of 
resources under the application will also be assessed. The strength of 
the plan will be assessed to determine the adequacy of the plan 
proposed.
3. Technical Qualifications
    Understanding of and ability to meet PTACAP requirements by the 
personnel involved for this factor will be evaluated to determine the 
extent to which it meets the program requirements and the likelihood of 
success of the PTACAP as it relates to these requirements. Benefits 
will be evaluated in terms of management substance and achievability.
4. Service Area (Geographic and Demographic Characteristics)
    a. The service area will be evaluated based upon the population to 
be serviced as well as the unemployment conditions in the area to 
determine the scope and nature of the coverage proposed.
    b. Demographic characteristics will be evaluated including the 
total population of the state and the percentage of the population to 
be served and the unemployment conditions in the area. The unemployment 
rate for the most recent 24 month period for which statistics are 
available will be used in this process.
    c. Service area will be evaluated to assess the extent to which the 
program maximizes coverage and achieves PTACAP requirements and 
objectives.
5. Cost Realism
    Cost realism will be evaluated on the basis of the applicant's 
ability to project cost which indicates an understanding of the nature 
and scope of the work required. The costs proposed will also be 
evaluated for reasonableness. Reasonableness is a judgement of the 
proposed program costs as compared to expected needs of the PTACAP, 
appropriate indices and other relevant measures. Implicit in the 
assessment is the need to establish that any application considered for 
an award must also be realistic with respect to the relationship of the 
cost to the level of performance proposed. This determination is 
critical to determining the offeror's understanding of the PTACAP 
requirements and probability of successful performance. Upon a 
determination of cost realism, a comparison of proposed costs will be 
made to the other evaluation factors and the Evaluation Team will make 
a decision as to which applications represent the best value to the 
Government. It is to be noted that this assessment will be a subjective 
judgement as to the relative value of the applications received. The 
Government reserves the right to verify any and all aspects of each 
applicant's application.

3-7  Evaluation Factors

    Applications will be evaluated for merit and compliance with the 
PTACAP's solicitation requirements. In order to provide full 
consideration of the applicant's qualification for an award, each 
applicant should ensure that the information furnished is factual 
current, accurate, and complete. The content should be presented in a 
manner that will allow evaluators to determine the applicant's 
understanding of the SCAA, the operating environment desired in PTA 
centers, and how the applicant's overall concept meets requirements of 
the SCAA. Failure to provide the information requested may result in a 
determination that the application is unacceptable and will be removed 
from further consideration for an award. The Government reserves the 
right to verify information provided by the applicant for evaluation 
purposes and to request additional supporting information, if needed. 
The evaluation factors (in their order of importance) are:
    A. Past Performance (Existing Programs Only). Applicants having no 
record of past performance under a DLA PTACAP will receive a neutral 
rating for this evaluation factor. A neutral rating for new programs 
will have no adverse effect on the determination for award. Each 
applicant will be evaluated on its most recent 12-month performance 
period (prior to 1 April 1996) under the existing solicitation 
regarding compliance with requirements; 

[[Page 8589]]
management of the program; and, ability to account for and document 
associated costs. The applicant must summarize the requirements in its 
most recent 12-month performance period and describe how its program 
satisfied those requirements to include jobs generated and/or retained 
and justification for any funds that were or will be deobligated. 
Evaluation of past performance will be a subjective assessment based on 
a consideration of all relevant facts and circumstances. The most 
recent copy of the cognizant contract administration activity's 
evaluation report must be provided. The following criteria will be used 
to evaluate the application:
    1. Highly acceptable--The application must demonstrate a high 
degree of success in satisfying all PTA Program requirements during the 
most recent 12-month performance period. The cognizant administration 
activity's evaluation report must substantiate that the applicant has 
an above average program.
    2. Acceptable--The application must demonstrate that the applicant 
has met all PTA Program requirements during the most recent 12-month 
performance period. The cognizant administration activity's evaluation 
report must substantiate that the applicant has an adequate program.
    3. Marginally acceptable--The application must demonstrate that the 
applicant has satisfied most of the PTA Program requirements during the 
most recent 12-month performance period. The cognizant administration 
activity's evaluation report must substantiate that the applicant has 
implemented most program requirements.
    4. Unacceptable--The applicant has fulfilled few of the PTA Program 
requirements during the most current 12-month performance period. The 
cognizant administration activity's evaluation report must substantiate 
that the applicant has an inadequate program.

    Note: Limit this discussion to 4 single-spaced, type-written 
pages.
B. Management
    Each applicant will be evaluated on its management approach to 
successfully implement the PTA Program. The applicant shall describe 
the methods and procedures it plans to employ to manage the PTA Program 
in an efficient and effective manner. The applicant's approach will be 
rated to determine the degree of experience offered and the likelihood 
of successful management under the concept proposed. In addition, the 
evaluation will include an assessment of the overall strength and 
soundness of the organization. The following criteria will be used to 
evaluate the application:
    1. Highly acceptable--The applicant has fully demonstrated that the 
techniques and methodology it intends to employ will enable it to 
exceed all PTA Program requirements during the period of performance.
    2. Acceptable--The applicant has demonstrated that the techniques 
and methodology it intends to employ are adequate and that its 
management approach will enable it to satisfy all PTA Program 
requirements.
    3. Marginally acceptable--The applicant has minimally demonstrated 
that the management techniques and methodology it intends to employ 
will satisfy most of the PTA Program requirements.
    4. Unacceptable--The applicant has not demonstrated an adequate 
understanding of the management techniques and methodology needed to 
successfully operate a PTA Program and satisfy requirements.

    Note: Limit this discussion to 3 single-spaced, type-written 
pages.
C. Technical Qualifications
    Each applicant will be evaluated on the qualifications of its 
personnel regarding the number of years of procurement experience, 
including government and industry experience, procurement related 
training, and education. The applicant must describe how its personnel 
fulfills these requirements. The following criteria will be used to 
evaluate the application:
    1. Highly acceptable--The majority of the applicant's professional 
personnel have at least four years of acquisition experience; a 
baccalaureate degree, preferably in business related subject; and, have 
experience in operating a PTA Center or equivalent type organization.
    2. Acceptable--The majority of the applicant's professional 
personnel have at least two years of acquisition experience; a 
baccalaureate degree, preferably in business related subject; and, have 
experience in operating a PTA Center or equivalent type organization.
    3. Marginally acceptable--The majority of the applicant's 
professional personnel do not have more than one year of acquisition 
experience; have a baccalaureate degree, preferably in business related 
subject; and, have at least some experience in operating a PTA Center 
or equivalent type organization.
    4. Unacceptable--The majority of the applicant's professional 
personnel do not have at least one year of acquisition experience; do 
not have a baccalaureate degree; and, have no experience in operating a 
PTA Center or equivalent type organization.

    Note: Limit this discussion to 2 single-spaced, type-written 
pages.
D. Service Area (geographic and demographic characteristics)
    Each applicant will be evaluated on the population base the 
applicant identifies and the unemployment level in the area to be 
serviced. Demographic characteristics will be evaluated including the 
total population of the State and the percentage of the population to 
be served and the unemployment conditions in the area. The following 
criteria will be used to evaluate the application:
    1. Highly acceptable--The applicant will service an area that 
consists of the lesser of either: (i) at least one million residents or 
(ii) at least 75% of the population of the State. In addition, the 
level of unemployment in the area to be serviced must be at least 1.25 
times the national unemployment rate for the most recent 24 month 
period for which statistics are available.
    2. Acceptable--The applicant will service an area that consists of 
the lesser of either: (i) at least five hundred thousand residents or 
(ii) at least 50% of the population of the State. In addition, the 
level of unemployment in the area to be serviced must be at least equal 
to the national unemployment rate for the most recent 24 month period 
for which statistics are available. In the event that the level of 
unemployment in the area to be serviced is at least 1.5 times the 
national unemployment rate for the most recent 24 month period for 
which statistics are available, then the number of residents to be 
serviced need only to exceed three hundred and fifty thousand.
    3. Marginally acceptable--The applicant will service an area that 
consists of the lesser of either: (i) two hundred and fifty thousand 
residents or (ii) at least 25% of the population of the state. In 
addition, the level of unemployment in the area to be serviced must be 
at least equal to the national unemployment rate for the most recent 24 
month period for which statistics are available. In the event that the 
level of unemployment in the area to be serviced is at least 1.5 times 
the national unemployment rate for the most recent 24 month period for 
which statistics are available, then the number of residents to be 
serviced need only to exceed one hundred and fifty thousand.
    4. Unacceptable--The applicant will service an area that consists 
of neither: (i)two hundred and fifty thousand residents for areas where 
the level of unemployment in the area to be 

[[Page 8590]]
serviced is less than 1.5 times the national unemployment rate for the 
most recent 24 month period for which statistics are available or one 
hundred and fifty thousand where the level of unemployment in the area 
to be serviced is at least 1.5 times the national unemployment rate for 
the most recent 24 month period for which statistics are available or 
(ii) at least 25% of the population of the State.
    Note: Limit this discussion to 1 single-spaced, type-written 
page.
E. Cost Realism
    Each applicant's response to this element will be evaluated for 
reasonableness and realism in managing cost. Implicit in the assessment 
is the need to demonstrate the relationship of the estimated overall 
program cost to the proposed level of performance. The applicant shall 
describe the measures intended to control, account for, and document 
relevant costs. For example, describe the ratio of program management 
cost to counselor cost and the ratio of program management cost to 
total program cost, with an objective of optimizing the percent of 
total program cost to be spent on direct counseling and assistance to 
clients. Unrealistic cost reflected in the application will be deemed 
indicative of the applicant's inability to perform the PTA Program. 
Such applications may also reflect lack of understanding of the 
complexity or the risks in scope of the requirement. As such, they will 
no longer be considered eligible for award.
    The following criteria will be used to evaluate the application:
    1. Highly acceptable--The applicant must demonstrate that its 
approach to cost management satisfies all PTA Program requirements in 
an above average manner.
    2. Acceptable--The applicant must demonstrate that its approach to 
cost management is adequate to satisfy all PTA Program requirements.
    3. Marginally acceptable--The applicant must demonstrate that it 
has the capability to satisfy the majority of the PTA Program 
requirements.
    4. Unacceptable--The applicant has indicated through its response 
to this element that its cost management approach is inadequate to 
fulfill minimum PTA Program requirements.

    Note: Limit this discussion to 1 single-spaced, type-written 
pages.

3-9  Cost Sharing Limitations

A. General program.
    1. The DoD share of net program cost shall not exceed 50%, except 
in a case where an eligible entity meets the criteria for a distressed 
area. When the prerequisite conditions to qualify as a distressed area 
are met, the DoD share may be increased to an amount not to exceed 75%. 
In no event shall the DoD share of net program cost exceed $150,000 for 
programs providing less than statewide coverage or $300,000 for 
programs providing statewide coverage.
    2. Consultant services provided by private nonprofit and/or profit 
making individuals, organizations or otherwise qualified business 
entities may be used to augment a cooperative agreement recipient's 
internal capabilities subject to the 10% total program cost limitation.
    B. American Indian Program.
    1. The DoD share shall not exceed 75% of net program cost or 
$150,000 for a program providing service on reservations within one BIA 
service area, or $300,000 for a program providing multi-area coverage.
    2. Consultant services provided by private nonprofit and/or profit 
making individuals, organizations or otherwise qualified business 
entities may be used to augment a cooperative agreement recipient's 
internal capabilities subject to the 25% total program cost limitation.
    C. The type and value of third-party in-kind contributions is 
limited to no more than 25% of total program cost. Third-party in-kind 
contributions shall meet the requirements set forth by subparagraphs 3-
10E and 3-10F below.
    D. Indirect cost and/or indirect rate used in the application are 
subject to downward revision only.
    E. The applicant shall submit a copy of the current negotiated 
indirect rate memorandum issued by its cognizant Federal agency.
    F. Indirect cost for educational institutions shall be limited to 
actual cost incurred for administration expenses and cannot exceed 26%.

3-10  Cost Sharing Criteria

    A. Cost contributions may be either direct or indirect costs, 
provided such costs are otherwise allowable in accordance with the 
applicable cost principles. Allowable costs which are absorbed by the 
applicant as its share of costs may not be charged directly or 
indirectly or may not have been previously charged, in part or in 
whole, to the Federal Government under other contracts, agreements, or 
grants.
    B. Except as provided by Federal statute, a cost sharing or 
matching requirement may not be met by costs borne by another Federal 
grant.
    C. Program income or other Federal funds, that are not authorized 
for use by Federal statute, (excluding loan guarantee agreements since 
these do not provide for disbursement of Federal funds) are not 
acceptable for use as the applicant's cost matching funds. Inclusion of 
other Federal funds in the program as part of total program cost is 
subject to authorization by Federal statute and the terms of the 
instrument containing such funds or written advice obtained from the 
agency awarding the Federal funds. Any Federal funds used by the 
eligible entity, other than the DoD PTA Cooperative Agreement Program 
funds, must be disclosed and identified in the eligible entity's 
proposal.
    D. Neither costs nor the values of third party in-kind 
contributions may count toward satisfying a cost sharing or matching 
requirement of the SCAP if they have been or will be counted toward 
satisfying a cost sharing or matching requirement of another Federal 
grant, a Federal procurement contract, or any other award of Federal 
funds.
    E. All applicant contributions, including cash and third party in-
kind, shall be accepted as part of the recipient's cost sharing or 
matching when such contributions meet all of the following criteria; 
(1) are verifiable from the records of recipients, subrecipients, or 
cost-type contractors (these records must show how the value placed on 
third party in-kind contributions was derived and to the extent 
feasible, volunteer services must be supported by the same methods that 
the organization uses to support the allocability of regular personnel 
costs); (2) are not included as contributions for any other federally-
assisted project or program; (3) are necessary and reasonable for 
proper and efficient accomplishment of the project or program 
objectives; (4) are allowable under the applicable cost principles; (5) 
are not paid by the Federal Government under another award, except 
where authorized by Federal statute to be used for cost sharing or 
matching; (6) are provided for in the budget and (7) conform to other 
provisions for uniform administration requirements under the applicable 
OMB Circular.
    F. Third party in-kind contributions may satisfy a cost sharing or 
matching requirement only when the payments would be allowable costs if 
the party receiving the contributions were to pay for them. Some third 
party in-kind contributions are goods and services that would have been 
an indirect cost if the recipient, subrecipient or contractor had been 
required to pay for them. Cost sharing or matching credit for such 
contribu- tions may be given only if the recipient, subrecipient or 
contractor has established, along with its regular indirect cost rate, 
a special rate for 

[[Page 8591]]
allocating to individual projects or programs the value of the 
contributions.
    G. Where distressed funding (greater than 50%) is requested and the 
civil jurisdiction(s) which the applicant plans to service is both 
distressed and nondistressed, two budgets must be submitted identifying 
the anticipated distribution of total program cost between these two 
areas. In addition, the recipient's accounting system must segregate 
and accumulate costs in each of the two budget areas.
    H. Recipients of PTA cooperative agreements are required to 
maintain records adequate to reflect the nature and extent of their 
costs and expenditures, and to ensure that their required cost 
participation is achieved.

3-11  Option To Extend the Term of the Cooperative Agreement

    A. A SCAA will be issued every third fiscal year, i.e., 1996, 1999, 
etc. Cooperative agreements will be awarded for a base year with one or 
two option periods of twelve months each.
    B. The awarding of a cooperative agreement for a base year with one 
or two option periods of twelve months each does not guarantee the 
recipient that an option(s) will be exercised. The Government at its 
sole discretion may elect not to exercise an option(s), to exercise an 
option(s) or to replace an existing program with either another 
existing or new start program. The determination to exercise or not to 
exercise an option will be made on a program by program basis. 
Duplicate coverage, the number of DLA funded PTA centers operating in a 
state and DoD funds available may be considered when deciding to or not 
to exercise an option.
    C. An option may be exercised by the Government providing the 
recipient's:
    1. Demonstrated performance is equal or better than that required 
by the base year or first option year cooperative agreement award and a 
satisfactory or better performance rating is received from the 
cognizant administrative contracting officer.
    2. Technical capability is equal or better than that required by 
the base year or first option year cooperative agreement award.
    3. Cost matching funds are available.
    4. Five client success stories that resulted from the direct and 
exclusive effort of the PTA center are verified by the Government and--
    5. No other new application(s) (existing or new start) are received 
by DLA that can provide similar or better services at a lower cost to 
the Government.
    D. The Government shall give the cooperative agreement recipient a 
preliminary written notice of its intent to extend the cooperative 
agreement performance period no later than 120 calendar days prior to 
the end of the Government's current fiscal year (1 October thru 30 
September). The preliminary notice does not commit the government to an 
extension. The Government may extend the effective period of the 
cooperative agreement by giving written notice to the cooperative 
agreement recipient no later than 105 calendar days after issuance of 
the preliminary notice.
    E. New applications for cooperative agreements must be submitted no 
earlier than 1 April and received no later than 30 April of each 
calendar year. The application shall be prepared in accordance with the 
most recent solicitation for cooperative agreement application. 
Generally, awards will be made during the month of July.
    1. Applications received prior to April 30, 1996, if selected to 
receive an award, will be awarded for a base year with two option 
periods of twelve months each.
    2. Applications received prior to April 30, 1997, if selected to 
receive an award, will be awarded for a base year with one option 
period of twelve months.
    3. Applications received prior to April 30, 1998, if selected to 
receive an award, will be awarded for a base year only.
    4. The base year application submitted prior to 30 April 1996 or 
1997, unless otherwise extended, must include separate SF 424s and SF 
424As for the option year(s). Detailed budget information for the 
option year(s) is not required to be submitted with the base year 
application. However, the net program cost and geographic area of 
coverage shall be the same for the option period(s) as that provided 
for the base year.
    F. The notice of award for the base year will provide funding for a 
12-month period only. Option year(s) are subject to the availability of 
funds as set forth by the clause entitled ``Availability of funds.''
    G. Option Year(s) requirements.
    Upon receipt of the Government's preliminary written notice of its 
intent to extend, at least 120 calendar days prior to the end of the 
Government's current fiscal year, the cooperative agreement recipient 
that desires exercising of the option, shall prepare and submit, to the 
Grants Officer no later than 30 calendar days after receipt of the 
Government's preliminary notice, the following:
    1. Completed SF 424A for the option year with a complete narrative 
justification for budgeted costs.
    2. Completed goal work sheet.
    3. Copy of its current negotiated indirect cost rate agreement, if 
there are any changes.
    4. Certification of cost match.
    5. Updated personnel form.
    6. Five client success stories that resulted from the direct and 
exclusive effort of the PTA center.
    7. The number of jobs generated and/or retained resulting from the 
procurement technical assistance provided by the recipient.
    8. A summary of its most recent 12-month performance period, 
description of how its program satisfies the criteria set forth below 
and justification for any funds that were deobligated.
    H. Evaluation of past performance will be a subjective assessment 
based on a consideration of all relevant facts and circumstances. The 
most recent copy of the contract administration activity's Evaluation 
Report must be provided.
    1. Highly acceptable--The application must demonstrate a high 
degree of success in satisfying all PTA Program requirements during the 
most current 12-month performance period. The evaluation report must 
substantiate that the applicant has an above average program.
    2. Acceptable--The application must demonstrate that the applicant 
has met all PTA Program requirements during the most recent 12-month 
performance period. The evaluation report must substantiate that the 
applicant has an adequate program.
    3. Marginally acceptable--The application must demonstrate that the 
applicant has satisfied most of the PTA Program requirements during the 
most recent 12-month performance period. The evaluation report must 
substantiate that the applicant has implemented most program 
requirements.
    4. Unacceptable--The applicant has fulfilled few of the PTA Program 
requirements during the most recent 12-month performance period. The 
evaluation report must substantiate that the applicant has an 
inadequate program.

    Note: Limit this discussion to 3 single-spaced, type-written 
pages.

3-12  Administration

    A. Cooperative agreements with state and local governments, 
nonprofit organizations and Indian economic enterprises will be 
assigned to the cognizant Defense Contract Management Command for 
administration. Cooperative agreements with educational institutions 
will be assigned to the Office of Naval Research for administration. 

[[Page 8592]]

    B. The organization having cognizance for postaward administration 
will periodically review the recipient's performance under the 
cooperative agreement to include:
    1. management control systems;
    2. financial management systems;
    3. progress being made by the recipient in meeting its program 
requirements; and
    4. compliance with certifications, representations and other 
performance factors. The cognizant Deputy for Small Business will be 
the focal point for the Administrative Contracting Officer for small 
business issues and for all recipient publication and training 
requests.
    C. For recipients covered by OMB Circular No. A-102, Grants and 
Cooperative Agreements with State and Local Governments, or OMB 
Circular No. A-110, Grants and Agreements with Institutions of Higher 
Education, Hospitals and other Non-profit Organizations, the 
administrative requirements specified in those circulars will apply.
    D. Each state and local entity that receives Federal funding is 
required to have audits performed in accordance with the requirements 
of OMB Circular A-128. Nonprofit organizations and institutions of 
higher education are required to have audits performed in accordance 
with the requirements of OMB Circular A-133. Indian economic 
enterprises (for profit only) will have audits performed in accordance 
with the requirements of OMB Circular A-133. Recipients shall submit 
one copy of any audit report that results from any audit performed 
pursuant to the requirements of the PTA cooperative agreement to the 
Office of the Assistant Inspector General for Audit, Policy and 
Oversight, Office of the Inspector General, 400 Army-Navy Drive, Room 
1076, Arlington, VA 22202-2884.
    E. The following OMB Circulars will be used to determine allowable 
costs in performance of the program:
    1. OMB Circular No. A-21, Cost Principles for Educational 
Institutions;
    2. OMB Circular No. A-87, Cost Principles for State and Local 
Governments; and
    3. OMB Circular No. A-122, Cost Principles for Nonprofit 
Organizations. This circular will also be used by for-profit 
organizations.

[FR Doc. 96-5062 Filed 3-4-96; 8:45 am]
BILLING CODE 3620-01-P