[Federal Register Volume 63, Number 59 (Friday, March 27, 1998)]
[Notices]
[Pages 14903-14905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8082]


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DEPARTMENT OF COMMERCE

Minority Business Development Agency
[Docket No. 980320072-8075-02]


Solicitation of Native American Business Development Center 
Applications for Minnesota, North/South Dakota, and Oklahoma

AGENCY: Minority Business Development Agency, Commerce.

ACTION: Notice.

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SUMMARY: In accordance with Executive Order 11625 and 15 U.S.C. 1512, 
the Minority Business Development Agency (MBDA) is soliciting 
competitive applications from organizations to operate the Native 
American Business Development Centers (NABDC) listed in this document.
    The purpose of the NABDC Program is to provide integrated business 
development services to Native American entrepreneurs and other 
eligible clients within designated geographic service areas.

DATES: The closing date for applications is April 27, 1998, 5:00 p.m. 
(local time). Applications must be received in the Executive 
Secretariat or Room 1874 on or before the closing date.

ADDRESSES: Completed application packages should be submitted to the 
U.S. Department of Commerce, Minority Business Development Agency, MBDA 
Executive Secretariat, 14th and Constitution Avenue, N.W., Room 5073, 
Washington, D.C. 20230. If application is hand delivered by the 
applicant or its representative, it must be delivered to Room 1874, 
which is located at entrance #10, 15th Street NW, between Pennsylvania 
and Constitution Avenues.

PRE-APPLICATION CONFERENCE: A pre-application conference will be held 
for each NABDC. Interested applicants should immediately contact the 
appropriate regional office, as indicated below, for further 
information.
    Proper Identification Is Required for Entrance Into Any Federal 
Building.
    1. NABDC Application: Minnesota.
    Metropolitan Statistical Area: State of Minnesota.
    Award Number: 05-10-98001-01.
    Pre-Application Conference: For the exact date, time and place, 
contact the Chicago Regional Office at (312) 353--0182.
    For Further Information and an Application Package, Contact: David 
Vega, Regional Director.
    Contingent upon the availability of Federal funds, the cost of 
performance for the first budget period (12 months) from January 1, 
1999 to December 31, 1999, is estimated at $169,125. The total Federal 
amount is $169,125 and is composed of $165,000 plus the Audit Fee 
amount of $4,125.

    2. NABDC Application: North/South Dakota.
    Metropolitan Statistical Area: States of North and South Dakota.
    Award Number: 06-10-98004-01.
    Pre-Application Conference: For the exact date, time and place, 
contact the Dallas Regional Office at (214) 767-8001.
    For Further Information and an Application Package, Contact: John 
Iglehart, Regional Director.
    Contingent upon the availability of Federal funds, the cost of 
performance for the first budget period (12 months) from January 1, 
1999 to December 31, 1999, is estimated at $169,125. The total Federal 
amount is $169,125 and is composed of $165,000 plus the Audit Fee 
amount of $4,125.

    3. NABDC Application: Oklahoma.
    Metropolitan Statistical Area: State of Oklahoma.
    Award Number: 06-10-98005-01.
    Pre-Application Conference: For the exact date, time and place, 
contact the Dallas Regional Office at (214) 767-8001.
    For Further Information and an Application Package, Contact: John 
Iglehart, Regional Director.
    Contingent upon the availability of Federal funds, the cost of 
performance for the first budget period (12 months) from January 1, 
1999 to December 31, 1999, is estimated at $254,200. The total Federal 
amount is $254,200 and is composed of 248,000 plus the Audit Fee amount 
of $6,200.

SUPPLEMENTARY INFORMATION: The following information and requirements 
are applicable to the listed NABDCs: Minnesota, North/South Dakota, and 
Oklahoma.
    The funding instrument for this project will be a cooperative 
agreement. Competition is open to non-profit and for-profit 
organizations (including sole-proprietors), state and local 
governments, American Indian tribes and educational institutions.
    Applicaitons will be evaluated by an independent panel of at least 
three individuals qualified to review the applications based on the 
following criteria: The knowledge, background and/or capabilities of 
the firm and its staff in addressing the needs of the business 
community in general and, specifically, the special needs of Native 
American businesses, individuals and organizations (45 points), the 
resources available to the firm in providing business development 
services (10 points); the firm's approach (techniques and 
methodologies) to performing the work requirements included in the 
application (25 points); and the firm's estimated cost for providing 
such assistance (20 points). An application must receive at least 70% 
of the points assigned to each evaluation criteria category to be 
considered programmatically acceptable and responsive. The competitive 
panel's evaluations are then considered by the Regional Director or the 
Director's designee who makes a recommendation for selection to the 
Director of MBDA. The Director of MBDA will review those applications 
determined to be acceptable and responsive. Recommendations by the 
Regional Director or the Director's designee and final award selection 
by the Director shall be based on the number of evaluation criteria 
points received, the demonstrated responsibility of the applicant, and 
the Director's determination of the applications most likely to further 
the purpose of the MBDA program. Negative audit findings, financial 
instability, and unsatisfactory performance under prior Federal awards 
may result in an application not being considered for award. Applicants 
not selected for these reasons will be notified. The applicant with the 
highest point score will not necessarily receive the award. On 
occasion, competitive solicitations or competitive panels may produce 
results that do not satisfactorily comply with MBDA program 
requirements. Some examples of unsatisfactory results are as follows:
     Competition resulting in no applications,
     Competition resulting one programmatically acceptable 
application (where the MBDA Director establishes with written 
justification that a slate of more than one programmatically acceptable 
application is necessary), and

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     Competition resulting in all unresponsive applications 
(determined to be programmatically unacceptable).
    In these cases, MBDA will take the most time and cost effective 
approach available that is in the best interest of the government to 
achieve its mission. This includes one of the following:
     Recompetition--is the most acceptable option. Where time 
and funding considerations allow for recompetition, MBDA will cancel 
the original solicitation and issue a new one; beginning a new round of 
competition.
     Re-paneling--is a viable option when the MBDA Director has 
reason to question either the objectivity or proper scoring of a panel.
     Negotiation--may be an option in those instances where the 
MBDA Director believes that recompeting would produce the same or 
similar results as the original competition and is, therefore, a waste 
of government money and time. When negotiations occur because 
recompeting is not a viable option, negotiations must occur equitably 
with all original applicants.
     Cancellation--is appropriate when none of the above is 
determined to be a viable option, or for other programmatic reasons.
    Periodic reviews culminating in year-to-date evaluations will be 
conducted to determine if funding for the project should continue. 
Under MBDA's existing competitive program cycle, an NABDC recipient can 
receive two additional twelve-month budget periods. Continued funding 
will be at the total discretion of MBDA based on such factors as the 
NABDC's performance, the availability of funds and Agency priorities.
    Anticipated processing time of this award is 120 days. Executive 
Order 12372, ``Intergovernmental Review of Federal Programs,'' is not 
applicable to this program. Federal funds for this project include 
audit funds for non-CPA recipients. In the event that a CPA firm wins 
the competition, the funds allocated for audits are not applicable. The 
contact person indicated above can answer questions concerning the 
preceding information, and copies of application kits and applicable 
regulations can be obtained at the above address. This document 
involves collections of information subject to the Paperwork Reduction 
Act, which have been approved by OMB under OMB control numbers 0348-
0043, 0348-0044, 0348-0040, 0348-0046, and 0640-0006. Notwithstanding 
any other provision of law, no person is required to respond to nor 
shall a person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the Paperwork 
Reduction Act unless that collection of information displays a current 
valid OMB control number.
    Awards under this program shall be subject to all Federal laws, and 
Federal and Departmental regulations, policies, and procedures 
applicable to Federal financial assistance awards.
    Application Forms and Kit--Standard Forms 424, Application for 
Federal Assistance; 424A, Budget Information--Non-Construction 
Programs; and 424B, Assurances--Non-Construction Programs, (Rev 4-92), 
shall be used in apply for financial assistance. An application kit 
containing all application forms and certifications is available by 
contacting the appropriate Regional Office listed as further 
information contacts.
    Pre-Award Costs--Applicants are hereby notified that if they 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 assurance that an applicant may have received, there is no 
obligation on the part of the Department of Commerce to cover pre-award 
costs.
    Indirect Costs--The total dollar amount of the indirect costs 
proposed in an application under this program must not exceed the 
indirect costs 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.
    Outstanding Accounts Receivable--No award of Federal funds shall be 
made to an applicant who has an outstanding delinquent Federal debt 
until either the delinquent account is paid in full, repayment schedule 
is established and at least one payment is received or other 
arrangements satisfactory to the Department of Commerce are made.
    Name Check Policy--Alll non-profit and for-profit applicants are 
subject to a name check review process. Name checks are intended to 
reveal if any key individuals associated with the applicant have been 
convicted of or are presently facing criminal charges such as fraud, 
theft, perjury or other matters, which significantly reflect on the 
applicant's management honesty or financial integrity.
    False Statements--A false statement on an application for Federal 
financial assistance is grounds for denial or termination of funds, and 
grounds for possible punishment by a fine or imprisonment as provided 
in 18 U.S.C. 1001.
    Primary Applicant Certifications--All primary applicants must 
submit a completed Form CD-511, ``Certifications Regarding Debarment, 
Suspension and Other Responsibility Matters; Drug-Free Workplace 
Requirements and Lobbying.''
    Nonprocurement Debarment and Suspension--Prospective participants 
(as defined at 15 CFR Part 26, Sec. 26.105) are subject to 15 CFR Part 
26, ``Nonprocurement Debarment and Suspension'' and the related section 
of the certification form prescribed above applies.
    Drug Free Workplace--Grantees (as defined at 15 CFR Part 26 
Sec. 26.605) are subject to 15 CFR Part 26, Subpart F, ``Governmentwide 
Requirements for Drug-Free Workplace (Grants)'' and the related section 
of the certification form prescribed above applies.
    Anti-Lobbying--Persons (as defined at 15 CFR Part 28, Sec. 28.105) 
are subject to the lobbying provisions of 31 U.S.C. 1352, ``Limitation 
on use of appropriated funds to influence certain Federal contracting 
and financial transactions,'' and the lobbying section of the 
certification form prescribed above applies to applications/bids for 
grants, cooperative agreements, and contracts for more than $100,000, 
and loans and loan guarantees for more than $150,000 or the single 
family maximum mortgage limit for affected programs, whichever is 
greater.
    Anti-Lobbying Disclosures--Any applicant that has paid or will pay 
for lobbying using any funds must submit an SF-LLL, ``Disclosure of 
Lobbying Activities,'' as required under 15 CFR Part 28, Appendix B.
    Lower Tier Certifications--Recipients shall require applications/
bidders for subgrants, contracts, subcontracts, or other lower tier 
covered transactions at any tier under the award to submit, if 
applicable, a completed Form CD-512, ``Certifications Regarding 
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier 
Covered Transactions and Lobbying'' and disclosure form, SF-LLL, 
``Disclosure of Lobbying Activities.'' Form CD-512 is intended for the 
use of recipients and should not be transmitted to DOC. SF-LLL 
submitted by any tier recipient or subrecipient should be submitted to 
DOC in accordance with the instructions contained in the award 
document.
    Buy American-made Equipment or Products--Applicants are hereby 
notified that they are encouraged, to the greatest extent practicable, 
to purchase American-made equipment and

[[Page 14905]]

products with funding provided under this program.

11.801  Native American Business Development Center (Catalog of 
Federal Domestic Assistance)

    Dated: March 23, 1998.
Juanita E. Berry,
Federal Register Liaison Officer, Minority Business Development Agency.
Courtland Cox,
Acting Director, Minority Business Development Agency.
[FR Doc. 98-8082 Filed 3-26-98; 8:45 am]
BILLING CODE 3510-21-M