[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Notices]
[Pages 44256-44259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22121]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[Docket No. 970731187-7187-01]
RIN 0648-ZA32


Financial Assistance for the Pribilof Environmental Restoration 
Program

AGENCY: Office of Finance and Administration (OFA), National Oceanic 
and Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of federal assistance.

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SUMMARY: NOAA issues this notice describing the procedures under which 
applications will be accepted, and how NOAA will determine which 
applications it will fund for environmental restoration work to be 
completed on the Pribilof Islands, Alaska. Pursuant to Public Law 104-
91 (Pub. L. 104-91), Section 3(d) requires the use of local entities 
and residents of the Pribilof Islands, to the maximum extent practical 
for completion of environmental restoration work to be performed. 
Applications will be solicited for Part II of the NOAA's Pribilof 
Islands Environmental Cleanup Project. This notice implements 
environmental restoration work to commence in fiscal year 1997 (FY97). 
Specifically, Remediation of Petroleum Contaminated Soil as defined in 
the Pribilof Islands Expanded Site Investigation Report and in 
conjunction with the Two-Party Agreement executed between NOAA and 
Alaska Department of Environmental Conservation (ADEC), State of 
Alaska. A maximum amount of $8.8 Million is available for cooperative 
agreements awarded to implement Part II.

    Complete applications must be received or postmarked by September 
19, 1997. Applicants must submit one signed original and two copies of 
the complete application. No facsimile applications will be accepted. 
Generally, the time required to process applications is 60 days from 
the closing date of the solicitation.

ADDRESSES: Applications should be sent to Western Administrative 
Support Center (WASC), Facilities and Logistics Division, 7600 Sand 
Point Way NE, Seattle, WA 98115. Telephone: (206) 526-4434 or (206) 
526-6160. Application kits, with instructions for completion may be 
obtained from the NOAA Grants Management Division, SSMC2, Room 9358, 
1325 East-West Highway, Silver Spring, MD 20910. Telephone (301) 713-
0946.

FOR FURTHER INFORMATION CONTACT:
For questions regarding grants management policies and interpretation 
contact: Steve Drescher at (301) 713-0946. For information regarding 
technical aspects of specific projects: Mary Moloseau Goetz at (206) 
526-6647 or Anthony Mercadante at (206) 526-6674. Copies of the 
Pribilof Islands Expanded Site Investigation and the Two-Party 
Agreement may be obtained from the National Archives, Anchorage 
Regional Office, 645 West 3rd Ave., Anchorage, Alaska.

SUPPLEMENTARY INFORMATION: The Catalog of Federal Domestic Assistance 
(CFDA) number for this program is 11.469, Congressionally Identified 
Construction Projects.

I. Introduction

A. Background

    Under the provisions of Public Law 104-91, the Secretary of 
Commerce shall, subject to the availability of appropriations, provide 
assistance for the cleanup of landfills, wastes, dumps, debris, storage 
tanks, property, hazardous or unsafe conditions, and contaminants 
including petroleum products and their derivatives, on lands which the 
U.S. Government abandoned, quitclaimed, or otherwise transferred or are 
obligated to transfer, to local entities or residents on the Pribilof 
Islands, Alaska pursuant to the Fur Seal Act of 1966 (16 U.S.C. 1151 et 
seq.), as amended, or other applicable law.
    Work to commence in FY97 under section one of this notice will 
include Remediation of Petroleum

[[Page 44257]]

Contaminated Soil on both St. Paul and St. George Islands.

B. Funding

    NOAA issues this notice to solicit applications for federal 
assistance, describing the intent to award cooperative agreements, the 
procedures under which applications will be accepted for Part II and 
how NOAA will select the applications it will fund.
    Sharing of project costs by applicants is not required and will not 
be considered in the technical evaluation of proposals.

II. Funding Priorities

    Part II of this Program will be for Petroleum Contaminated Soil 
Remediation as per the Pribilof Islands Expanded Site Investigation and 
in conjunction with the Two-Party Agreement referenced above.
    Great consideration will be given to applications that will promote 
the economic stability or future self-sufficiency of the recipient.

III. How To Apply

A. Eligible Applicants

    Applications for cooperative agreements may be made in accordance 
with the procedures set forth in this notice, by any local entity or 
resident of the Pribilof Islands, as defined in the Fur Seal Act of 
1966 (16 U.S.C. 1151 et seq.), as amended, and who is a citizen or 
national of the United States.
    Federal Government employees including full-time, part-time, and 
intermittent personnel are not eligible to submit an application under 
this solicitation.
    Assistance from NOAA employees is available to eligible applicants, 
by telephone and will be limited to such issues, as the program goals, 
funding, priorities and application forms. Since this is a competitive 
program, assistance will not be provided in conceptualizing, 
developing, or structuring competitive proposal.

B. Duration and Terms of Funding

    Generally, cooperative agreements are awarded for a period of 1 
year, but no more than 18 months.
    If an application for an award is selected for funding, the 
Department has no obligation to provide any additional future funding 
in connection with the award. Amendments to increase funding or extend 
the period of performance is at the discretion of the Department.
    Publication of this announcement does not obligate NOAA to award 
any specific grant or cooperative agreement or to obligate any part of 
the entire amount of funds available.
Format
    Applications for project funding must be complete, and must 
identify the principal participants and include copies of any 
agreements between the participants and the applicant describing the 
specific tasks to be performed. Project applications must respond to 
priority(ies) contained in section II of this document. Project 
applications must be clearly and completely submitted in the format 
that follows:
    1.  Cover sheet: An applicant must use Standard Form 424 (revised 
4-92) as a cover sheet for each project. The forms are included in the 
NOAA Application kit.
    2. Project Budget: A budget must be submitted for each project, 
using SF-424C (Rev. 4/92), Budget Information Construction Programs. 
The applicants must submit cost estimates of the direct total project 
costs. Estimates of the direct costs must be specified in the 
categories listed on the SF-424C. A budget narrative/detail must also 
be provided as described in the NOAA Application Kit. The budget may 
also include an amount for indirect costs, if the applicant has an 
established indirect cost rate with the Federal Government. A copy of 
the current, approved, negotiated indirect cost Agreement with the 
Federal Government must be included with the application. The total 
dollar amount of the indirect costs proposed in an application under 
this program must not exceed the indirect cost rate negotiated and 
approved by a cognizant Federal agency prior to the proposed effective 
date of the award or 100 percent of the total proposed direct costs 
dollar amount in the application, whichever is less. This restriction 
also applies to any subrecipient of this program. Contingencies for 
construction costs are limited to 10% of total costs.
    Fees or profits are not allowable costs under the awards.
    The total costs of the project consist of all costs to accomplish 
the objectives of the project during the period the project is 
conducted. A project begins on the effective date of an award and ends 
on the date specified in the award. Only costs incurred during the 
award period shall be considered allowable, allocable and reasonable. 
Accordingly, the time expended and costs incurred in either the 
development of a project or the financial assistance application, or in 
any subsequent discussions or negotiations prior to awards, are not 
reimbursable.
    3. Project Narrative Description: The project must be completed and 
accurately described, as follows:
    a. Executive Summary. Provide a brief discussion on the nature of 
the problem, the location of the project, and a historical/background 
information as it relates to the project.
    b. Project Objectives: State what the proposed project is expected 
to accomplish, and describe how this will eliminate or reduce the 
problem(s) described in 3.a. above.
    c. Participation in the project or any part thereof by Persons or 
Groups Other Than the Applicant: Describe the nature of such 
participation.
    d. Federal, State, and Local Government Coordination/Activities: 
List any existing Federal, state, or local government programs or 
activities that this project would affect, including activities under 
state Coastal Zone Management Plans and those requiring consultation 
with Federal Government under the Endangered Species Act and the Marine 
Mammal Protection Act. Describe the relationship between the project 
and these plans or activities.
    e. Project Work Plan: The Work Plan statement of work is an action 
plan of activities to be conducted during the period of the project. 
This section requires the applicant to prepare a detailed narrative, 
fully describing the work to be performed that will achieve the 
previously articulated objectives. A milestone chart that outlines 
major goals, supporting work activities, and time frame, and 
individuals responsible for various work activities may be used to 
describe the work to be performed. The narrative should include 
information that responds to the following questions:
    (1) How will the project be designed? What design incurred in the 
performance of project tasks to criteria will be used? (e.g., pertinent 
regulatory compliance such as environmental and safety regulations, 
cost and technology effectiveness, and etc.)
    (2) What will be accomplished? (e.g., Petroleum Contaminated Soil 
Remediation)
    (3) What work, activities or procedures (be specific as possible) 
will be undertaken to accomplish the project objectives?
    (4) Who will be responsible for carrying out the various 
activities? (Highlight work that will be subcontracted and provisions 
for competitive subcontracting). All key personnel and subcontracts 
proposed by the applicant are subject to the review and approval of 
NOAA. NOAA will maintain a high level of substantial involvement during 
the project period to ensure compliance by the recipient and its 
subcontractors with all statutory

[[Page 44258]]

requirements, including environmental compliance.
    (5) Which regulations govern the proposed type of work (e.g., state 
or federal? Environmental or Safety?, ADEC's Soil Remediation or Solid 
Waste regulations?) and project objectives? Who will be responsible for 
ensuring that the proposed project activities and objectives satisfy 
the governing regulations.
    (6) The narrative/milestone chart should graphically illustrate:
    (a) Steps to accomplish the major activities;
    (b) Critical path(s), supporting activities, and associated time 
lines (e.g., month 1, month 2); and
    (c) The individual(s) responsible for the various activities. This 
information is critical to understanding and reviewing the application. 
NOAA encourages applicants to provide sufficient detail. Applications 
lacking sufficient detail will be eliminated from further 
consideration.
    f. Project Management and Personnel Qualifications: Describe how 
the project will be organized and managed. Provide an organizational 
chart and line of communication. List all persons directly employed by 
the applicant who will be involved in the project, their 
qualifications, experience, and level of involvement in the project. If 
any portion of the project will be conducted through consultants and/or 
subcontractors, applicants, as appropriate, must follow procurement 
guidance in 15 CFR part 24, ``Grants and Cooperative Agreements to 
State or Local Governments'', or OMB Circular A-110 for Institutions of 
Higher Education, Hospitals, and other Non-profit Organizations, 
Commercial Organizations and individuals. If a consultant and/or 
subcontractor is selected prior to the submission of an application, 
include the name and qualifications of the consultant and/or 
subcontractor and the process used for selection.

IV. Evaluation of Proposed Projects

    NOAA will solicit technical evaluations of each project application 
from a Source Evaluation Board composed of appropriate public sector 
experts. Individual point scores will be given to project applications, 
based on the following criteria:
    1. Problem Description and Conceptual Approach for Resolution. Both 
the applicant's comprehension of the problem(s) and the overall concept 
proposed to resolve the problem(s) will be evaluated. (25 points)
    2. Soundness of Project Design/Technical Approach. Applications 
will be evaluated to determine whether or not the applicant provided 
sufficient information to evaluate the project technically and, if so, 
the strengths and/or weaknesses of the technical design proposed for 
problem resolution. (25 points)
    3. Project Management and Experience and Qualification of 
Personnel. The organization and management of the project, and other 
key personnel in terms of related experience and qualifications will be 
evaluated. Those projects that do not identify the key personnel or 
project manager with his or her qualifications will receive a lower 
point score. (20 points)
    In reviewing and evaluating applications that include consultants 
and subcontracts, NOAA will consider the following additional criteria:

    a. Is the involvement of the primary applicant necessary to 
conduct the project and the accomplishment of its goals and 
objectives?
    b. Is the proposed allocation of the primary applicant's time 
reasonable and commensurate with the applicant's involvement in the 
project?
    c. Are the proposed costs for the primary applicant's 
involvement in the project reasonable and commensurate with the 
benefits to be derived from the applicant's participation?

    4. Project Evaluation. The effectiveness of the applicant's 
proposed methods to evaluate the project in terms of meeting its goals 
and objective will be evaluated. (10 points)
    Project Costs. The justification and allocation of the budget in 
terms of the work to be performed and reasonable costs will be 
evaluated. (20 points)

V. Selection Procedures and Project Funding

    After applications have been evaluated and ranked, the Director 
WASC, will select from the highest-ranked applicants the number of 
projects recommended for funding, ensuring that there is no duplication 
with other projects to be funded by NOAA or other Federal 
organizations. The Director will also take into consideration the 
applicants prior experience and performance under other federal 
assistance awards before making final selections. The list of 
recommended applicants will be forwarded to NOAA Grants Management 
Division to issue the award(s). Applicants not recommended for funding 
are not given further consideration and will be notified of non-
selection.
    The exact amount of the funds awarded to a project will be 
determined in pre-award negotiations between the applicant and NOAA 
program and grants management representatives. Projects/remediation 
should not be initiated in expectation of Federal funding until a 
notice of award document is signed and issued by the Grants Officer.
    It is the Department's policy to make awards to applicants who are 
competently managed, responsible, and committed to achieving the 
objectives of the awards they receive. Adverse information concerning 
the applicant's financial stability, past experience with Federal 
grants, and other information about the applicant's responsibility may 
result in an application not being considered for funding.

VI. Administrative Requirements

A. Obligation of the Applicant

    1. An Applicant must: a. Meet all application requirements and 
provide all information necessary for the evaluation of the project 
proposal.
    b. Be available, upon request, in person, by telephone or by 
designated representative, to respond to questions during the review 
and evaluation of the project proposal.
    2. Primary Applicant Certification. Applicants will be required to 
submit a completed Form CD-511, ``Certification Regarding Debarment, 
Suspension and Other Responsibility Matters; Drug Free Workplace 
Requirements and Lobbying''. The following explanations are hereby 
provided:
    a. Nonprocurement Debarment and Suspension. Prospective 
participants (as defined at 15 CFR part 26, Section 105) are subject to 
15 CFR Part 26, ``Nonprocurement Debarment and Suspension'' and the 
related section of the certification form prescribed above applies;
    b. Drug-Free Workplace. Grantees (as defined at 15 CFR Part 26, 
Section 605) are subject to 15 CFR part 26, Subpart F, ``Government 
wide Requirements for Drug-Free Workplace (Grants)'' and the related 
section of the certification form prescribed above applies;
    c. Anti-Lobbying. Person(s) (as defined at 15 CFR Part 28, Section 
105) are subject to the lobbying provision of 31 U.S.C. 1352, 
``Limitation on use of appropriated funds to influence certain Federal 
contracting and financial transactions''. The lobbying section of the 
certification form prescribed above applies to applications/bids for 
grants, cooperative agreements, and contracts for more than $100,000, 
and loans and loan guarantees for more than $150,000, or the single 
family maximum mortgage

[[Page 44259]]

limit for affected programs, which ever is greater; and
    d. Anti-Lobbying Disclosure. Any applicant that has paid or will 
pay for lobbying using any funds must submit an SF-LLL, ``Disclosure of 
Lobbying Activities,'' as required under 15 CFR Part 28, Appendix B.
    3. Lower Tier Certifications. Successful applicants shall require 
applicants/bidders for subgrants, contracts, subcontractors, or other 
lower tier covered transactions at any tier under the award to submit, 
if applicable, a completed Form CD-512, ``Certifications Regarding 
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier 
Covered Transactions and Lobbying'', and disclosure form, SF-LLL, 
``Disclosure of Lobbying Activities.'' Form CD-512 is intended for the 
use of recipients of subrecipients and should not be transmitted to 
DOC. SF-LLL submitted by any tier recipient or subrecipient should be 
submitted to DOC in accordance with the instructions contained in the 
awards document.

B. Other Requirements

    Federal Policies and Procedures. Recipients and subrecipients are 
subject to all Federal laws and Federal and DOC policies, regulations, 
and procedures applicable to Federal financial assistance awards.
    Name check review. All non-profit and for profit applicants are 
subject to a name check review process. Name checks are intended to 
reveal if any key individuals associated with the recipient have been 
convicted of, or are presently facing, criminal charges such as fraud, 
theft, perjury, or other matters that significantly reflect on the 
recipient's management, honesty, or financial integrity.
    False Statements. A false statement on the application is grounds 
for denial or termination of funds and grounds for possible punishment 
by a fine or imprisonment (18 U.S.C. 1001).
    4. Past Performance. Unsatisfactory performance under prior Federal 
awards may result in an application not being considered for funding.
    5. Delinquent Federal Debts. No award of Federal funds shall be 
made to an applicant who has an outstanding delinquent Federal debt 
until either:
    a. The delinquent account is paid in full;
    b. A negotiated repayment schedule is established and at least one 
payment is received; or
    c. Other arrangements satisfactory to DOC are made.
    6. Buy American-Made Equipment or Products. Applicants are hereby 
notified that they are encouraged, to the extent feasible, to purchase 
American-made equipment and products with funding under this program.
    7. Preaward Activities. If applicants incur any costs prior to an 
award being made, they do so solely at their own risk of not being 
reimbursed by the Government. Notwithstanding any verbal or written 
assurance that may have been received, there is no obligation on the 
part of DOC to cover Preaward costs.

VII. Classification

    A notice of availability of financial assistance for this program 
will also appear in the Commerce Business Daily.
    This action has been determined to be not significant for purposes 
of E.O. 12866.
    Applications under this program are subject to E.O. 12372, 
``Intergovernmental Review of Federal Programs.''
    The application mentioned in this notice is subject to the 
Paperwork Reduction Act. It has been approved by the Office of 
Management and Budget under control numbers 0348-0043, 0348-0044, and 
0348-0046.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with a collection of information, subject to the requirements 
of the Paperwork Reduction Act, unless that collection displays a 
current valid OMB Control Number.

    Authority: Public Law 104-91.

    Dated: August 15, 1997.
D. James Baker,
Under Secretary for Oceans and Atmosphere and Administrator of the 
National Oceanic and Atmospheric Administration.
[FR Doc. 97-22121 Filed 8-19-97; 8:45 am]
BILLING CODE 3510-12-M