[Federal Register Volume 74, Number 77 (Thursday, April 23, 2009)]
[Notices]
[Pages 18562-18567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9296]


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

DEPARTMENT OF COMMERCE

Minority Business Development Agency

[Docket No.: 090416670-9679-01]


Solicitation of Applications for the Native American Business 
Enterprise Center (NABEC) Program

AGENCY: Minority Business Development Agency, Commerce.

ACTION: Notice.

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

SUMMARY: In accordance with 15 U.S.C. Section 1512 and Executive Order 
11625, the Minority Business Development Agency (MBDA) is soliciting 
competitive applications from organizations to operate a Native 
American Business Enterprise Center (NABEC) in the four locations and 
geographical service areas specified in this notice. The NABEC operates 
through the use of business consultants and provides a range of 
business consulting and technical assistance services directly to 
Native American and other eligible minority-owned businesses. 
Responsibility for ensuring that applications in response to this 
competitive solicitation are complete and received by MBDA on time is 
the sole responsibility of the applicant. Applications submitted must 
be for the operation of a NABEC and to provide business consultation 
services to eligible clients. Applications that do not meet these 
requirements will be rejected. This is not a grant program to help 
start or to further an individual business.
    A link to the full text of the Announcement of Federal Funding 
Opportunity (FFO) for this solicitation may be accessed at: http://www.Grants.gov, http://www.mbda.gov, or by contacting the appropriate 
MBDA representative identified below. The FFO contains a full and 
complete description of the application and programmatic requirements 
under the NABEC Program. In order to receive proper consideration, 
applicants must comply with the requirements contained in the FFO.

DATES: The closing date for receipt of applications is June 4, 2009 at 
5 p.m. Eastern Daylight Time (EDT). Completed applications must be 
received by MBDA at the address below for paper submissions or at 
http://www.Grants.gov for electronic submissions. The due date and time 
is the same for electronic submissions as it is for paper submissions. 
The date that applications will be deemed to have been submitted 
electronically shall be the date and time received at Grants.gov. 
Applicants should save and print the proof of submission they receive 
from Grants.gov. Applications received after the closing date and time 
will not be considered. Anticipated time for processing is seventy-five 
(75) days from the close of the competition period. MBDA anticipates 
that awards under this notice will be made with a start date of 
September 1, 2009.
    Pre-Application Conference: In connection with this solicitation, a 
pre-application teleconference will be held on May 4, 2009 at 1:00 p.m. 
(EDT). Participants must register at least 24 hours in advance of the 
teleconference and may participate in person or by telephone. Please 
visit the MBDA Internet Portal at http://www.mbda.gov (MBDA Portal) or 
contact an MBDA representative listed below for registration 
instructions.

ADDRESSES: 1. Electronic Submission: Applicants are highly encouraged 
to submit their proposal electronically at http://www.Grants.gov. 
Electronic submissions should be made in accordance with the 
instructions available at Grants.gov (see http://www.grants.gov/forapplicants for detailed information). MBDA strongly recommends that 
applicants not wait until the application deadline date to begin the 
application process through Grants.gov as, in some cases, the process 
for completing an online application may require 3-5 working days.
    2a. Paper Submission--If Mailed: If the application is sent by 
postal mail or overnight delivery service by the applicant or its 
representative, one (1) signed original plus two (2) copies of the 
application must be submitted. Completed application packages must be 
mailed to: Office of Business Development--NABEC Program, Office of 
Executive Secretariat, HCHB Room 5063, Minority Business Development 
Agency, U.S. Department of Commerce, 1401 Constitution Avenue, NW., 
Washington, DC 20230.
    Applicants are advised that MBDA's receipt of mail sent via the 
United States Postal Service may be substantially delayed or suspended 
in delivery due to security measures. Applicants may therefore wish to 
use a guaranteed overnight delivery service. Department of Commerce 
delivery policies for overnight delivery services require all packages 
to be sent to the address above.
    2b. Paper Submission--If Hand-Delivered: If the application is 
hand-delivered by the applicant or by its representative, one (1) 
signed original plus two (2) copies of the application must be 
delivered to: U.S. Department of Commerce, Minority Business 
Development Agency, Office of Business Development--NABEC Program 
(extension 1940), HCHB--Room 1874, Entrance 10, 15th Street, 
NW. (between Pennsylvania and Constitution Avenues), Washington, DC. 
MBDA will not accept applications that are submitted by the deadline, 
but that are rejected due to the applicant's failure to adhere to 
Department of Commerce protocol for hand-deliveries set forth in 
Section IV.D.2. of the accompanying FFO.

FOR FURTHER INFORMATION CONTACT: For further information or for an 
application package, please visit MBDA's Minority Business Internet 
Portal at http://www.mbda.gov. Paper applications may also be obtained 
by contacting the

[[Page 18563]]

MBDA Office of Business Development or the MBDA National Enterprise 
Center (NEC) in the region in which the NABEC will be located (see 
below Agency Contacts). In addition, Standard Forms (SF) may be 
obtained by accessing http://www.whitehouse.gov/omb/grants or http://
www.grants.gov. and Department of Commerce (CD) forms may be accessed 
at http://www.doc.gov/forms.
    Agency Contacts:
    1. MBDA Office of Business Development, 1401 Constitution Avenue, 
NW., Room 5075, Washington, DC 20230. Contact: Efrain Gonzalez, Chief, 
202-482-1940.
    2. MBDA Atlanta National Enterprise Center (ANEC), 401 W. Peachtree 
Street, Suite 1715, Atlanta, GA 30308. This region covers the states of 
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South 
Carolina and Tennessee. Contract: Patricia Hanes, Regional Director, 
404-730-3300.
    3. MBDA Chicago National Enterprise Center (CNEC), 55 E. Monroe 
Street, Suite 2810, Chicago, Illinois 60603. This region covers the 
states of Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, 
Nebraska, Ohio, and Wisconsin. Contact: Eric Dobyne, Regional Director, 
312-353-0182.
    4. Dallas National Enterprise Center (DNEC), 1100 Commerce Street, 
Room 726, Dallas, Texas 75242. This region covers the states of 
Arkansas, Colorado, Louisiana, Montana, New Mexico, North Dakota, 
Oklahoma, South Dakota, Texas, Utah and Wyoming. Contact: John F. 
Iglehart, Regional Director, 214-767-8001.

SUPPLEMENTARY INFORMATION:
    Background: The NABEC Program is a key component of MBDA's overall 
minority business development assistance program and promotes the 
growth and competitiveness of Native American and eligible minority-
owned businesses. NABEC operators leverage project staff and 
professional consultants to provide a wide-range of direct business 
assistance services to Native American, tribal entities and eligible 
minority-owned firms. NABEC services include, but are not limited to, 
initial consultations and assessments, business technical assistance, 
and access to federal and non-federal procurement and financing 
opportunities.
    MBDA currently funds a network of eight NABEC projects located 
throughout the United States. Pursuant to this notice, and as set forth 
more fully in the corresponding FFO, competitive applications for new 
three-year awards are being solicited for the four NABEC projects set 
forth below.
    Geographical Service Areas: MBDA is soliciting competitive 
applications from organizations to operate a NABEC and to provide 
services in the following geographical service areas:

------------------------------------------------------------------------
           NABEC name                    Geographical service area
------------------------------------------------------------------------
North Carolina NABEC............  State of North Carolina.
Minnesota/Iowa NABEC............  States of Minnesota & Iowa.
New Mexico NABEC................  State of New Mexico.
Oklahoma NABEC..................  State of Oklahoma.
------------------------------------------------------------------------

The NABEC project must be physically located within the applicable 
geographical service area.

    Electronic Access: Applicants will be able to access, download and 
submit electronic grant applications for the NABEC Program through 
http://www.Grants.gov. MBDA strongly recommends that applicants not 
wait until the application deadline date to begin the application 
process through Grants.gov as in some cases the process for completing 
an online application may require additional time (e.g., 3-5 working 
days). The date that applications will be deemed to have been submitted 
electronically shall be the date and time received at Grants.gov. 
Applicants should save and print the proof of submission they receive 
from Grants.gov. Applications received after the closing date and time 
will not be considered.
    Funding Priorities: Preference may be given during the selection 
process to applications which address one or more of the following MBDA 
funding priorities:
    (a) Proposals that include performance goals that exceed by 10% or 
more the minimum performance goal requirements in the FFO;
    (b) Applicants who demonstrate an exceptional ability to identify 
and work towards the elimination of barriers which limit the access of 
minority businesses to markets and capital;
    (c) Applicants who demonstrate an exceptional ability to identify 
and work with Native American firms, tribal entities or minority firms 
seeking to obtain large-scale contracts and/or insertion into supply 
chains with institutional customers;
    (d) Proposals that utilize fee for service models consistent with 
the fee structure based on client revenues as set forth in Section 
III.B. of the accompanying FFO and those that use innovative approaches 
to charging and collecting fees from clients;
    (e) Proposals that take a regional approach in providing services 
to eligible clients; or
    (f) Proposals from applicants with pre-existing operations in the 
identified geographic service area(s).
    Funding Availability: A total of $835,000 of FY 2009 funds is 
available under the Omnibus Appropriations Act, 2009, Public Law No. 
111-8, to fund financial assistance awards for the four (4) NABEC 
projects referenced in this solicitation. MBDA anticipates that this 
amount will also be available in each of FYs 2010 and 2011 to provide 
continuation funding for these projects. The total award period for 
awards made under this competitive solicitation is anticipated to be 
three years and all awards are expected to be made with a start date of 
September 1, 2009. The anticipated amount of the financial assistance 
award for each NABEC project, including the minimum 10% non-federal 
cost share is set forth in the below table, although actual award 
amounts may vary depending on the availability of funds:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               September 1, 2009 through August    September 1, 2010 through August    September 1, 2011 through August
                                                           31, 2010                            31, 2011                            31, 2012
                                             -----------------------------------------------------------------------------------------------------------
                Project name                                             Non-                                Non-                                Non-
                                                 Total      Federal     federal      Total      Federal     federal      Total      Federal     federal
                                               cost ($)    share ($)   share ($)   cost ($)    share ($)   share ($)   cost ($)    share ($)   share ($)
                                                                      (10% min.)                          (10% min.)                          (10% min.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) North Carolina NABEC....................    $222,300    $200,000     $22,300    $222,300    $200,000     $22,300    $222,300    $200,000     $22,300
(2) Minnesota/Iowa NABEC....................     222,300     200,000      22,300     222,300     200,000      22,300     222,300     200,000      22,300
(3) New Mexico NABEC........................     222,300     200,000      22,300     222,300     200,000      22,300     222,300     200,000      22,300
(4) Oklahoma NABEC..........................     261,000     235,000      26,000     261,000     235,000      26,000     261,000     235,000      26,000
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 18564]]

    Applicants must submit project plans and budgets for each of the 
three (3) program years. Projects will be funded for no more than one 
year at a time. Project proposals accepted for funding will not compete 
for funding in subsequent budget periods within the approved award 
period. However, operators that fail to achieve a ``satisfactory'' or 
better performance rating for the preceding program year may be denied 
second- or third-year funding (as the case may be). Recommendations for 
second- and third-year funding are generally evaluated by MBDA based on 
a mid-year performance rating and/or combination of mid-year and 
cumulative third quarter performance rating. In making such continued 
funding determinations, MBDA and the Department of Commerce will 
consider all the facts and circumstances of each case, such as but not 
limited to market conditions, most recent performance of the operator 
and other mitigating circumstances.
    The funding periods and funding amounts referenced in this 
solicitation are subject to the availability of funds, as well as to 
Department of Commerce and MBDA priorities at the time of award. In no 
event will the Department of Commerce or MBDA be responsible for 
proposal preparation costs if this program fails to receive funding or 
is cancelled because of other MBDA or Department of Commerce 
priorities. Publication of this notice does not obligate the Department 
of Commerce or MBDA to award any specific cooperative agreement or to 
obligate all or any part of available funds.

    Authority:  15 U.S.C. Section 1512 and Executive Order 11625.

    Catalog of Federal Domestic Assistance (CFDA): 11.801, Native 
American Business Enterprise Center Program.
    Eligibility: For-profit entities (including but not limited to 
sole-proprietorships, partnerships, and corporations), non-profit 
organizations, state and local government entities, American Indian 
Tribes, and educational institutions are eligible to operate a NABEC.
    Program Description: MBDA is soliciting competitive applications 
from organizations to operate four (4) Native American Business 
Enterprise Centers (NABEC) (formerly known as Native American Business 
Development Centers). The NABEC will operate through the use of trained 
professional business consultants who will assist Native American and 
other minority entrepreneurs and tribal entities through direct client 
engagements. Entrepreneurs eligible for assistance under the NABEC 
Program are Native Americans (including Alaska Natives, Alaska Native 
Corporations and tribal entities), Eskimos, African Americans, Puerto 
Ricans, Spanish-speaking Americans, Aleuts, Asian Pacific Americans, 
Asian Indians and Hasidic Jews. References throughout this notice 
regarding a NABEC's provision of services and assistance to Native 
American clients also includes the eligible non-Native American clients 
listed in the preceding sentence. No service may be denied to any 
member of the eligible groups listed above.
    The NABEC Program requires project staff to: provide standardized 
business assistance services directly to eligible Native American 
clients, with an emphasis on those firms with $500,000 or more in 
annual revenues and/or with ``rapid growth potential'' (``Strategic 
Growth Initiative'' or ``SGI'' firms); develop and maintain a network 
of strategic partnerships; provide collaborative consulting services 
with MBDA and other MBDA funded programs and strategic partners; and to 
provide referral services (as necessary) for client transactions. NABEC 
operators will assist Native American clients in accessing federal and 
non-federal contracting and financing opportunities that result in 
demonstrable client outcomes. Specific work requirements and 
performance metrics are used by MBDA to evaluate each project and are a 
key component of the NABEC program.
    The NABEC Program also incorporates an entrepreneurial approach to 
building market stability and improving quality of services delivered. 
This strategy expands the reach of the NABECs by requiring project 
operators to develop and build upon strategic alliances with public and 
private sector partners, as a means of serving Native American and 
minority-owned firms within each NABEC's geographical service area. The 
NABEC Program is also designed to leverage MBDA resources including but 
not limited to: MBDA Office of Native American Business Development; 
MBDA Office of Business Development; MBDA National Enterprise Centers; 
MBDA Business Internet Portal; and MBDA's network of Minority Business 
Opportunity Centers (MBOCs), Minority Business Enterprise Centers 
(MBECs), and other NABECs. NABEC operators are required to attend a 
variety of MBDA training programs designed to increase operational 
efficiencies and the provision of value-added client services.
    NABEC operators are generally required to provide the following 
four client services: (1) Client Assessment--identifying clients' 
immediate and long-term needs and establishing projected growth tracks; 
(2) Strategic Business Consulting--providing intensive business 
consulting services that can be delivered as personalized consulting or 
group consulting; (3) Access to Capital--assisting clients with 
securing necessary financial capital; and (4) Access to Markets--
assisting clients to identify and access opportunities for increased 
sales and revenues.
    Please refer to the FFO pertaining to this competitive solicitation 
for a full and complete description of the application and programmatic 
requirements under the NABEC Program.
    Match Requirements: The NABEC Program requires a minimum non-
federal cost share of 10%, which must be reflected in the proposed 
project budget. Non-federal cost share is the portion of the project 
cost not borne by the Federal Government. Applicants must satisfy the 
non-federal cost sharing requirements by one or more of the following 
four means or any combination thereof: (1) Client fees; (2) applicant 
cash contributions; (3) applicant in-kind (i.e., non-cash) 
contributions; or (4) third-party in-kind contributions. The NABEC is 
not required to charge client fees for services rendered. However, MBDA 
encourages all NABECs to implement a fee-for-service program. Client 
fees (if imposed) must be used towards meeting non-federal cost share 
requirements and must be used in furtherance of the program objectives. 
In addition, the NABEC's client fee structure must be based on a 
sliding scale of client revenues as set forth in Section III.B. of the 
accompanying FFO. Applicants will be awarded up to five (5) bonus 
points to the extent that the proposed project budget includes a non-
federal cost share contribution, measured as a percentage of the 
overall project budget, exceeding 10% (see Evaluation Criterion below).
    Evaluation Criterion: Proposals will be evaluated and applicants 
will be selected based on the below evaluation criterion. The maximum 
total number of points that an application may receive is 105, 
including the bonus points for exceeding the minimum required non-
federal cost share, except when oral presentations are made by 
applicants. If oral presentations are made (see below: Oral 
Presentation By MBDA Selected Applicants), the maximum total of points 
that can be earned is 115. The number of points assigned to each 
evaluation criterion will be determined

[[Page 18565]]

on a competitive basis by the MBDA review panel based on the quality of 
the application with respect to each evaluation criterion.
    1. Applicant Capability (40 points)
    Proposals will be evaluated with respect to the applicant's 
experience and expertise in providing the work requirements listed. 
Specifically, proposals will be evaluated as follows:
    (a) Community--Experience in and knowledge of the Native American 
community, Native American tribal entities and minority business 
sector, and strategies for enhancing its growth and expansion; 
particular emphasis shall be on expanding SGI firms and tribal 
entities. Consideration will be given to whether the applicant has a 
physical presence in the geographic service area at the time of its 
application (4 points);
    (b) Business Consulting--Experience in and knowledge of business 
consulting with respect to Native American and minority firms and 
tribal entities, with emphasis on SGI firms in the geographic service 
area (5 points);
    (c) Financing--Experience in and knowledge of the preparation and 
formulation of successful financial transactions, with an emphasis on 
the geographic service area (5 points);
    (d) Procurements and Contracting--Experience in and knowledge of 
the public and private sector contracting opportunities for Native 
American entities and minority businesses, as well as demonstrated 
expertise in assisting clients into supply chains (5 points);
    (e) Financing Networks--Resources and professional relationships 
within the corporate, banking and investment community that may be 
beneficial to Native American entities and minority-owned firms (5 
points);
    (f) Establishment of a Self-Sustainable Service Model--Summary plan 
to establish a self-sustainable model for continued services to the 
Native American and MBE communities beyond the three-year MBDA award 
period (3 points);
    (g) MBE Advocacy--Experience and expertise in advocating on behalf 
of Native American communities, Native American tribal entities and 
minority businesses, both as to specific transactions in which a 
minority business seeks to engage and as to broad market advocacy for 
the benefit of the minority community at large (3 points); and
    (h) Key Staff--Assessment of the qualifications, experience and 
proposed role of staff that will operate the NABEC. In particular, an 
assessment will be made to determine whether proposed key staff 
possesses the expertise in utilizing information systems and the 
ability to successfully deliver program services. At a minimum the 
applicant must identify a proposed project director (10 points).
    2. Resources (20 points)
    Proposals will be evaluated under this criterion as follows:
    (a) Resources--Resources (not included as part of the non-federal 
cost share) that will be used in implementing the program, including 
but not limited to existing prior and/or current data lists that will 
serve in fostering immediate success for the NABEC (8 points);
    (b) Location--Assessment of the applicant's strategic rationale for 
the proposed physical location of the NABEC. Applicant is encouraged to 
establish a location for the NABEC that is in a building which is 
separate and apart from any of the applicant's existing offices in the 
geographic service area (2 points);
    (c) Partners--How the applicant plans to establish and maintain the 
network of strategic partners and the manner in which these partners 
will support the NABEC in meeting program performance goals (5 points); 
and
    (d) Equipment--How the applicant plans to satisfy the NABEC 
information technology requirements, including computer hardware, 
software requirements and network map (5 points).
    3. Techniques and Methodologies (20 points)
    Proposals will be evaluated under this criterion as follows:
    (a) Performance Measures--For each program year, the manner in 
which the applicant relates each performance measure to the financial 
information and market resources available in the geographic service 
area (including existing client list); how the applicant will create 
NABEC brand recognition (marketing plan); and how the applicant will 
satisfy program performance goals. In particular, emphasis will be 
placed on the manner in which the applicant matches NABEC performance 
goals with client service hours and how it accounts for existing market 
conditions in its strategy to achieve such goals (10 points);
    (b) Start-up Phase--How the applicant will commence NABEC 
operations within the initial 30-day period. The NABEC shall have 
thirty (30) days to become fully operational after an award is made (3 
points); and
    (c) Work Requirement Execution Plan--The applicant will be 
evaluated on how effectively and efficiently staff time will be used to 
achieve the NABEC programmatic requirements set forth more fully in the 
FFO, particularly with respect to periods beyond the start-up phase (7 
points).
    4. Proposed Budget and Budget Narrative (20 points)
    Proposals will be evaluated under this criterion as follows:
    (a) Reasonableness, Allowability and Allocability of Proposed 
Program Costs. All of the proposed program costs expenditures should be 
discussed and the budget line-item narrative must match the proposed 
budget. Fringe benefits and other percentage item calculations should 
match the proposed budget line-item and narrative (5 points);
    (b) Non-Federal Cost Share. The required 10% non-federal share must 
be adequately addressed and properly documented, including but not 
limited to how client fees (if proposed) will be used by the applicant 
in meeting the non-federal cost-share (5 points); and
    (c) Performance-Based Budgeting. The extent to which the line-item 
budget and budget narrative relate to the accomplishment of the NABEC 
programmatic requirements and performance measures (i.e., performance-
based budgeting) (10 points).
    5. Bonus Points for Exceeding the Minimum Required Non-Federal Cost 
Share (5 points)
    Proposals with a non-federal cost share exceeding 10% of the total 
project costs will be awarded bonus points on the following scale: more 
than 10%-less than 15% = 1 point; 15% or more--less than 20% = 2 
points; 20% or more-less than 25% = 3 points; 25% or more-less than 30% 
= 4 points; and 30% or more = 5 points. Non-federal cost sharing of at 
least 10% is required under the NABEC Program. Non-federal cost sharing 
is the portion of the total project cost not borne by the Federal 
Government and may be met by the applicant in any one or more of the 
following four means (or a combination thereof): (1) Client fees 
(encouraged but not mandatory); (2) cash contributions; (3) non-cash 
applicant contributions; or (4) third party in-kind contributions.
    6. Oral Presentation by MBDA Selected Applicants (10 points)
    Oral presentations are held only when requested by MBDA. This 
action may be initiated for the top two (2) ranked applications for a 
project and will be applied on a consistent basis for each project 
competition. Oral presentations will be used to establish a final 
evaluation and ranking.
    The applicant's presentation will be evaluated as to the extent to 
which the presentation demonstrates:
    (a) How the applicant will effectively and efficiently assist MBDA 
in the

[[Page 18566]]

accomplishment of its mission (2 points);
    (b) Business operating priorities designed to manage a successful 
NABEC (2 points);
    (c) A management philosophy that achieves an effective balance 
between micromanagement and complete autonomy for its Project Director 
(2 points);
    (d) Robust search criteria for the identification of a Project 
Director (1 point);
    (e) Effective employee recruitment and retention policies and 
procedures (1 point); and
    (f) A competitive and innovative approach to exceeding performance 
requirements (2 points).
    Review and Selection Process: 1. Initial Screening
    Prior to the formal paneling process, each application will receive 
an initial screening to ensure that the applicant is eligible and the 
application is complete and includes all required forms, signatures and 
documentation. An application will be considered non-responsive and 
will not be evaluated by the review panel if it is received after the 
closing date for receipt of applications, the applicant fails to submit 
an original, signed Form SF-424 by the application closing date (paper 
applications only), or the application does not provide for the 
operation of a NABEC. Other deficiencies, while not rendering the 
application non-responsive, will be considered during panel review and 
may result in point deductions.
    2. Panel Review
    Each responsive application will receive an independent, objective 
review by a panel qualified to evaluate the applications submitted. The 
review panel will consist of at least 3 persons, all of whom will be 
full-time federal employees and at least one of whom will be an MBDA 
employee, who will review the applications for a specified project 
based on the above evaluation criterion. Each reviewer shall evaluate 
and provide a score for each proposal. Each project review panel 
(through the panel Chairperson) shall provide the MBDA National 
Director (Recommending Official) with a ranking of the applications 
based on the average of the reviewers' scores and shall also provide a 
recommendation regarding funding of the highest scoring application.
    3. Oral Presentation--Upon MBDA Request
    MBDA may request that the two (2) top-ranked applicants for each 
project competition make an oral presentation. If an oral presentation 
is requested, the selected applicants will receive a formal 
communication (via standard mail, e-mail or fax) from MBDA informing 
them of the time and date for the presentation. In-person presentations 
are not mandatory but are encouraged; telephonic presentations are 
acceptable. MBDA will provide the teleconference dial-in number and 
pass code.
    Oral presenters will be required to submit to MBDA at least 24 
hours before the scheduled date and time of the oral presentation a 
PowerPoint (or equivalent) presentation that addresses the oral 
presentation criteria set forth above. The oral presentation will be 
made to the MBDA National Director (or his/her designee) and up to 
three senior MBDA staff who did not serve on the original review panel. 
The oral panel members may ask follow-up questions after the 
presentation. Each applicant will present to MBDA staff only and 
applicants will not be permitted to listen to or attend presentations 
made by other applicants.
    All costs pertaining to this presentation shall be borne by the 
applicant. NABEC award funds may not be used as a reimbursement for 
this presentation. MBDA will not accept any requests or petitions for 
reimbursement.
    The oral panel members shall score each presentation in accordance 
with the oral presentation criterion provided above. An average score 
shall be compiled and added to the score of the original panel review.
    4. Final Recommendation
    The MBDA National Director makes the final recommendation to the 
Grants Officer regarding the funding of applications under this 
competitive solicitation. MBDA expects to recommend for funding the 
highest ranking application for each project, as evaluated and 
recommended by the review panel and taking into account oral 
presentations (as applicable). However, the MBDA National Director may 
not make any selection, or he may select an application out of rank 
order for either or both of the following reasons:
    (a) A determination that a lower ranked application better 
addresses one or more of the funding priorities for this competition. 
The National Director (or his/her designee) reserves the right to 
conduct one or more site visits to better assess an applicant's 
capability to achieve the program and funding priorities; or
    (b) The availability of MBDA funding.
    Prior to making a final recommendation to the Grants Officer, MBDA 
may request that the apparent winner of the competition provide written 
clarifications (as necessary) regarding its application.
    Intergovernmental Review: Applications under this program are not 
subject to Executive Order 12372, ``Intergovernmental Review of Federal 
Programs.''
    Limitation of Liability: In no event will MBDA or the Department of 
Commerce be responsible for proposal preparation costs if this program 
fails to receive funding or is cancelled because of other MBDA or 
Department of Commerce priorities. All funding periods are subject to 
the availability of funds to support the continuation of the project 
and the Department of Commerce and MBDA priorities. Publication of this 
notice does not obligate the Department of Commerce or MBDA to award 
any specific cooperative agreement or to obligate all or any part of 
available funds.
    Universal Identifier: All applicants will be required to provide a 
Dun and Bradstreet Data Universal Numbering system (DUNS) number during 
the application process. See the June 27, 2003 Federal Register notice 
(68 FR 38402) for additional information. Organizations can receive a 
DUNS number at no cost by calling the dedicated toll-free DUNS Number 
request line at 1-866-705-5711 or by accessing the Grants.gov Web site 
at http://www.Grants.gov.
    Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements: The Department of Commerce Pre-Award 
Notification Requirements for Grants and Cooperative Agreements 
contained in the Federal Register notice of February 11, 2008 (73 FR 
7696) are applicable to this solicitation.
    Paperwork Reduction Act: This document contains collection-of-
information requirements subject to the Paperwork Reduction Act (PRA). 
The use of Standard Forms 424, 424A, 424B, SF-LLL, and CD-346 have been 
approved by OMB under the respective control numbers 0348-0043, 0348-
0044, 0348-0040, 0348-0046, and 0605-0001. Notwithstanding any other 
provisions 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 Paperwork Reduction Act unless that 
collection displays a currently valid OMB Control Number.
    Executive Order 12866: This notice has been determined to be not 
significant for purposes of E.O. 12866.
    Administrative Procedure Act/Regulatory Flexibility Act: Prior 
notice and an opportunity for public comment are not required by the 
Administrative

[[Page 18567]]

Procedure Act for rules concerning public property, loans, grants, 
benefits, or contracts (5 U.S.C. 533(a)(2)). Because notice and 
opportunity for comment are not required pursuant to 5 U.S.C. 533 or 
any other law, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a 
regulatory flexibility analysis is not required and has not been 
prepared.

    Dated: April 17, 2009.
Efrain Gonzalez,
Chief, Office of Business Development, Minority Business Development 
Agency.
[FR Doc. E9-9296 Filed 4-22-09; 8:45 am]
BILLING CODE 3510-21-P