[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16739-16745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7467]


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DEPARTMENT OF COMMERCE

Economic Development Administration

[Docket No.: 100323164-0164-01]


EDA Participation in the Energy Efficient Building Systems 
Regional Innovation Cluster Initiative

AGENCY: Economic Development Administration (EDA), Department of 
Commerce.

ACTION: Notice and request for applications.

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SUMMARY: EDA announces its participation in the Energy Efficient 
Building Systems Regional Innovation Cluster Initiative (Initiative), 
the first pilot project of the Interagency Regional Innovation Clusters 
Taskforce (Taskforce). The Taskforce has been charged with developing a 
replicable and sustainable model for coordinated Federal and regional 
efforts that foster and use regional innovation clusters to: Develop 
and demonstrate sustainable and efficient models for attaining national 
strategic objectives; create and retain Good Jobs (defined below); 
eliminate gaps between the supply and demand for workers in specialized 
fields through training and education; increase regional gross domestic 
product (GDP); promote innovation in science and technology; and 
enhance the economic, technological, and commercial competitiveness of 
the United States on the global stage. The Taskforce has selected 
Energy Efficient Building Systems Design as the topical focus for its 
first pilot project. The pilot project will be anchored around a 
Department of Energy (DOE)-funded Energy Innovation Hub and will 
incorporate elements funded by each of EDA, SBA, and NIST/MEP. 
Capitalized terms used in this notice and request for applications have 
the meanings ascribed to them under the heading SUPPLEMENTARY 
INFORMATION below.

DATES: Consortia must submit their completed application package 
pursuant to the instructions set out in this notice and in Section IV 
of the Joint Federal Funding Opportunity Announcement of the Fiscal 
Year (FY) 2010 Energy Efficient building Systems Regional Innovation 
Cluster Initiative (FOA) no later than May 6, 2010, at 5 p.m. (Eastern 
time).

ADDRESSES: All application forms are available online and may not be 
requested in hardcopy format. Therefore, unless otherwise specified in 
the FOA, all forms must be downloaded from http://www.grants.gov. As 
specified in Section IV.I of the FOA, the Consortium must submit six 
(6) copies of a compact disc (CD), labeled as specified in the FOA, 
with each CD containing all required forms and narratives from all Co-
applicants. Proposals should not be submitted via Grants.gov, but 
should be delivered no later than 5 p.m. (Eastern time) on May 6, 2010, 
at the following address: Maureen Klovers; Economic Development 
Administration; U.S. Department of Commerce; Rm. 7019; 1401 
Constitution Avenue, NW.; Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: For additional information please 
submit questions via e-mail at [email protected]. The FOA, additional 
information about the funding opportunity, updates, and questions and 
answers are available at http://www.energy.gov/hubs/eric.htm.

[[Page 16740]]

Prospective applicants should check the Web site for updates on a 
regular basis.
    Application Submission Requirements: Prospective applicants are 
advised to read the application instructions in the FOA very carefully, 
as these instructions differ from typical FOA submission instructions. 
Highlighted below are key aspects of the application process specific 
to this competitive solicitation.

Consortium Proposals and Co-Applicant Applications

    As described in Section V of the FOA, only one Consortium Proposal 
will be selected for funding under the joint FOA. Each Consortium will 
be permitted to submit only one Proposal. Each Consortium Proposal 
shall include four Applications for funding and the Overarching 
Regional Innovation Cluster Project Narrative (see Section IV of the 
FOA for details on this submission) that will explain proposed 
activities of the Consortium as a whole. The four Applications within 
each Proposal shall be: (i) The Application for DOE assistance; (ii) 
the Application for EDA assistance; (iii) the Application for NIST/MEP 
assistance; and (iv) the Application for SBA assistance. The Co-
applicants within any Consortium must demonstrate in their Proposal 
that they have entered into a written agreement to operate as a 
Consortium for at least as long a period as the term of the longest 
award made under the FOA (see Section IV of the FOA for further 
details).
    Although the four Co-applicants will collaborate as a Consortium, 
each Co-applicant will receive a separate award from the applicable 
Granting Agency. Accordingly, the DOE Co-applicant on the winning 
Proposal will receive the DOE grant funds, the EDA Co-applicant on the 
winning Proposal will receive the EDA funds, the NIST Co-applicant on 
the winning Proposal will receive the NIST/MEP funds, and the SBA Co-
applicant on the winning Proposal will receive the SBA funds. Please 
see pertinent definitions under SUPPLEMENTARY INFORMATION below.
    Please note that although each Co-applicant will be able to 
download just those forms that they must complete, the Proposal from 
the Consortium must contain all of these forms, as well as all required 
narratives (including the Overarching Regional Innovation Cluster 
Project Narrative), in a single submission. The Consortium must submit 
six (6) copies of a compact disc (CD), with each CD containing all 
required forms and narratives from all Co-applicants. Proposals should 
not be submitted via Grants.gov. Because the Proposal is not to be 
submitted via http://www.grants.gov, the Co-applicants are not required 
to obtain a Grants.gov user id and password.

In Order To Apply for EDA Funding, the EDA Co-Applicant Must Take the 
Following Steps To Download the Required Forms

    1. Navigate to the URL http://www.grants.gov.
    2. Click on `Apply for Grants' on the left hand menu. Note: You 
will not be submitting an application package through Grants.gov; 
however using the Grants.gov `Apply' function is necessary in order to 
access the required forms in a screen-fillable format.
    3. Click on the blue link `Download a Grant Application Package.'
    4. Enter funding opportunity number `ERIC2010'.
    5. Under the `Instructions & Application' column, click on 
`download' for your appropriate Competition Title (`EDA Construction', 
`EDA Non-Construction', or `EDA Construction and Non-Construction'), 
depending on whether the EDA Co-applicant is seeking only construction 
assistance, only non-construction assistance, or both.
    6. Click on the blue `Download Application Package' link.
    7. Save the PDF file to your computer. This package contains only 
those forms that must be completed by the EDA Co-applicant.
    8. In the `Application Filing Name' field, enter `[insert 
Consortium name]--EDA Application.'
    9. Under ``Mandatory Documents,'' left click with your mouse on the 
first form name. Then click on the gray arrow button labeled ``Move 
Form to Complete.''
    10. Continue doing so until all forms listed as ``Mandatory 
Documents'' have been moved to the ``Mandatory Documents for 
Submission'' box.
    11. If there are any forms listed under ``Optional Documents,'' 
move these forms to ``Optional Documents for Submission'' if the 
instructions in Section IV.F. of the FOA indicate that you are required 
to complete these forms.
    12. Continue to save your application as you work on it.
    13. Once you have completed your application package, click on the 
``Check Package for Errors'' button at the top of the document in order 
to ensure that all mandatory fields in your application are filled.
    14. DO NOT click on SAVE & SUBMIT. Instead, save your application 
locally to your own computer or network. The application package PDF 
file should be copied to the Consortium Proposal CD.
    Applicants should access the following link for assistance in 
navigating http://www.grants.gov and for a list of useful resources: 
http://www.grants.gov/help/help.jsp. If you do not find an answer to 
your question under General FAQs, try consulting the Applicant User 
Guides. If you still cannot find an answer to your question, send an e-
mail to [email protected] or call 1-800-518-4726. The http://www.grants.gov Contact Center is available 24 hours a day, 7 days a 
week (except for Federal holidays).

Page Limit of Proposal

    The entire Proposal (i.e., all four Applications plus the 
Overarching Regional Innovation Cluster Project Narrative) must not 
exceed 350 pages, when printed using standard 8.5'' x 11'' paper with 
1'' margins (from top, bottom, left, and right). The font size must not 
be smaller than Times New Roman 12-point font. Evaluators will review 
only the first 350 pages if more than 350 pages are submitted. Do not 
include any Internet URLs that provide information necessary to review 
the Proposal, because the information contained in these sites will not 
be reviewed. The page limit excludes:
     The cover page, table of contents, and required appendices 
of the Hub project narrative;
     The copy of the region's Comprehensive Economic 
Development Strategy(ies) (CEDS); and
     The copy of the EDA Co-applicant's Articles of 
Incorporation and By-Laws (if applicable).

SUPPLEMENTARY INFORMATION:
    Initiative Information: The purpose of the pilot project is to 
identify and support an Energy Regional Innovation Cluster (defined 
below) that will develop, expand, and commercialize innovative energy 
efficient building systems technologies, designs, and best practices 
for national and international distribution. Specifically, the 
Participating Agencies (defined below) seek to identify and fund a 
Consortium that will link the Hub and the other Co-applicants with 
complementary Federal and non-Federal investments in business 
development and support, public infrastructure, workforce development, 
and education, for the purpose of growing and expanding a robust E-RIC 
that will achieve the goals stated in the FOA. The FOA was published at 
http://www.energy.gov/hubs/eric.htm on February 8, 2010.
    EDA will award up to $2 million of its Economic Adjustment 
Assistance Program funds and $3 million of its

[[Page 16741]]

Public Works and Economic Development Program funds to the EDA Co-
applicant as part of the Initiative. EDA seeks an EDA Co-applicant to 
help facilitate a high degree of collaboration among the Consortium 
members and offer expertise in using planned regional economic 
development as a framework for achieving the maximum sustainable 
economic impact. The EDA Co-applicant should enable the Consortium 
members and their E-RIC Partners to operate in an integrated, 
coordinated fashion, and may use EDA funds for constructing or 
renovating necessary infrastructure, for strategic planning purposes, 
or for revolving loan fund grants. Examples of possible uses of funds 
include: Upgrading business incubators or publicly-owned industrial or 
commercial buildings and infrastructure so they can serve the purposes 
of the E-RIC; to conduct E-RIC coordination, planning or technical 
assistance activities; or to capitalize revolving loan funds focused on 
supporting firms in the E-RIC. EDA encourages the Consortia to consider 
new, energy efficient and environmentally beneficial ways of 
constructing or renovating infrastructure, including use of natural 
vegetation for storm water retention and sewage filtration, green 
roofs, and on-site water recycling.
    The two EDA programs from which funds may be awarded are the (i) 
Public Works and Economic Development Program and (ii) Economic 
Adjustment Assistance Program. The Public Works Program may fund 
investments that expand, upgrade, and ``green'' infrastructure to 
attract new industry, support technology-led development, accelerate 
new business development while promoting energy-efficiency, and enhance 
the ability of regions to capitalize on opportunities to export goods 
and services. EDA's Economic Adjustment Assistance (EAA) Program is 
designed to respond flexibly to pressing economic recovery issues and 
is well suited to help address challenges and obstacles to the 
formation and sustenance of a successful E-RIC. EAA funds may be used 
for strategic planning and technical assistance, physical 
infrastructure, or revolving loan funds. Please see the FOA for more 
details on the objectives and goals of the Initiative and EDA's Public 
Works and EAA Programs.

Capitalized Terms Used in This Notice and Request for Applications 
Shall Have the Following Definitions, as More Specifically Described in 
the FOA

    1. Application: Any Co-applicant's application for funding from one 
of the Granting Agencies announced through the FOA.
    2. Consortium: The collective group of Co-applicants presenting a 
unified Proposal in response to the FOA.
    3. Consortium MOU: The memorandum of understanding, or similar 
agreement, among the Consortium, the Participating Agencies, and NSF 
that will reflect long-term commitments of the Consortium to the 
emergence and successful growth of the E-RIC based on plans and other 
materials presented in the Consortium Proposal.
    4. Co-applicants (and each, a Co-applicant): Collectively, each 
member of the Consortium that is applying for Federal funding 
assistance, anticipated to include the DOE Co-applicant, the EDA Co-
applicant, the SBA Co-applicant, and the NIST Co-applicant.
    5. Co-applicant Scope of Work: The specific portion of the Proposal 
to be performed pursuant to a specific funding agreement by a specific 
Co-applicant.
    6. DOE Co-applicant (or Hub Co-applicant): The entity or entities 
applying for direct funding from the Department of Energy under the 
FOA.
    7. EDA Co-applicant: The entity or entities applying for direct 
funding from the Economic Development Administration, Department of 
Commerce, under the FOA.
    8. Energy Regional Innovation Cluster (E-RIC): The geographically-
bounded, active network of similar, synergistic or complementary 
organizations, which includes the selected Consortium (and, therefore, 
the Hub), engaged in or with the energy efficient buildings systems and 
design industry, with active channels for business transactions, 
communications, and dialogue, that share specialized infrastructure, 
labor markets, and services. The E-RIC may be located in a defined 
geographic region that crosses municipal, county, and other 
jurisdictional boundaries. The E-RIC should encompass local 
universities, government research centers, and other research and 
development (R&D) resources, which shall serve as catalysts of 
innovation and drivers of regional economic growth. The E-RIC should 
leverage the region's unique competitive strengths and seek to nurture 
networks for business financing, business-to-business sales, education, 
and workforce development. These networks will include the E-RIC 
Partners and strategic partnerships with similar institutions (some of 
whom may be located outside of the E-RIC's geographic region) to ensure 
that the full potential of the E-RIC is realized.
    9. E-RIC Partners: The public and private entities (i.e., local and 
regional governments and quasi-public entities, venture capitalists, 
private banks, workforce investment boards, institutions of higher 
education including community colleges, and other public and private 
agencies and institutions) that have submitted formal Letters of 
Commitment to collaborate with the Consortium to develop and expand the 
E-RIC. E-RIC Partners are entities other than the Co-applicants that 
will work with the Consortium to foster a vibrant E-RIC. E-RIC Partners 
are not required to be located within the E-RIC's geographic region.
    10. Energy Technologies: Refers to the means of locating, 
assessing, harvesting, transporting, processing, and transforming the 
primary energy forms found in nature (e.g., sunlight, biomass, crude 
petroleum, coal, uranium-bearing rocks) to yield either direct energy 
services (e.g., heat from fuel wood or coal) or secondary forms more 
convenient for human use (e.g., charcoal, gasoline, electricity). Also 
included under the heading of energy technology is the means of 
distributing secondary forms to their end users and the means of 
converting these forms to energy services (e.g., electricity to light 
and refrigeration, electricity and gasoline to motive power). A 
distinction is often made between energy-supply technologies, meaning 
those used to bring energy forms to a point of final use, and energy 
end-use technologies, meaning those applied at this point of use to 
convert an energy form to a service such as light or motive power.
    11. Good Jobs: Jobs that increase workers' incomes; narrow wage and 
income inequality; provide safe and healthy workplaces, particularly in 
high-risk industries; comply with applicable laws governing wages and 
overtime pay; are open to all eligible job-seekers; and provide 
necessary skills and training to prepare workers for success in the 
high-growth and emerging careers that will result from the Energy 
Regional Innovation Cluster.
    12. Granting Agencies: DOE, the Department of Commerce's EDA and 
NIST, and SBA.
    13. Hub (or Energy-Efficient Building Systems Design Hub): The DOE 
Co-applicant's fully-integrated, multidisciplinary RD&D program that 
will create practical, replicable strategies for reducing overall 
energy consumption in buildings.
    14. NIST Co-applicant: The NIST/MEP Center applying for direct 
funding from NIST under the FOA.
    15. NIST/MEP: The Hollings Manufacturing Extension Partnership

[[Page 16742]]

Program of the National Institute for Standards and Technology.
    16. Participating Agencies: Those members of the Interagency 
Regional Innovation Clusters Taskforce that are participating in the 
review and selection process described in Section V of the FOA (i.e., 
DOE, DOC/EDA, DOC/NIST, SBA, DOL, ED).
    17. Proposal: The collective, unified proposal submitted by a 
particular Consortium in response to the FOA. A Proposal contains four 
applications reflecting a DOE Co-applicant's Application for DOE 
funding, an EDA Co-applicant's Application for EDA funding; an SBA Co-
applicant's Application for SBA funding and a NIST Co-applicant's 
Application for NIST/MEP funding.
    18. Region: An economic unit of human, natural, technological, 
capital or other resources, defined geographically. Geographic areas 
comprising a region need not be defined by political boundaries, but 
should constitute a cohesive area capable of undertaking self-sustained 
economic development.
    19. SBA Co-applicant: The Small Business Development Center(s) 
applying for direct funding from the Small Business Administration 
under the FOA.
    20. Taskforce: The Interagency Regional Innovation Clusters 
Taskforce that is made up of DOE, DOC/EDA, DOC/NIST, DOL, ED, SBA, and 
NSF.
    21. Underrepresented groups: Ethnic and racial minorities--
including Native Americans, Alaskan Natives, Black- or African-
Americans, Latinos or Hispanics, Asian-Americans or Native Hawaiian or 
other Pacific Islanders; women; veterans; and persons with 
disabilities.

    Statutory Authority: EDA's authorizing statute is the Public 
Works and Economic Development Act of 1965, as amended (42 U.S.C. 
3121 et seq.) (PWEDA). The statutory authorities for the (i) Public 
Works and Economic Development Facilities Program; and (ii) Economic 
Adjustment Assistance Program are sections 201 (42 U.S.C. Sec.  
3141), and 209 (42 U.S.C. 3149) of PWEDA, respectively.

    EDA's regulations are codified at 13 CFR chapter III. The 
regulations and PWEDA are accessible on EDA's Web site at http://www.eda.gov/InvestmentsGrants/Lawsreg.xml.
    Funding Availability: Funding appropriated under the Consolidated 
Appropriations Act, 2010 (Pub. L. 111-117, 123 Stat. 3034, at 3114 
(2009)), together with other appropriated funds, is available for the 
economic development assistance programs authorized by PWEDA. Under 
this notice and request for applications, $2,000,000 of Economic 
Adjustment Assistance and $3,000,000 of Public Works and Economic 
Development Program assistance is available for this award and shall 
remain available until expended.

(Catalog of Federal Domestic Assistance (CFDA) Numbers (EDA Co-
applicant): 11.300 Grants for Public Works and Economic Development 
Facilities; 11.307, Economic Adjustment Assistance.)

    Eligibility Requirements: Pursuant to PWEDA, eligible applicants 
for EDA's Public Works and Economic Adjustment Assistance Programs 
include a(n): (i) District Organization; (ii) Indian Tribe or a 
consortium of Indian Tribes; (iii) State, a city or other political 
subdivision of a State, including a special purpose unit of a State or 
local government engaged in economic or infrastructure development 
activities, or a consortium of political subdivisions; (iv) institution 
of higher education or a consortium of institutions of higher 
education; or (v) public or private non-profit organization or 
association acting in cooperation with officials of a political 
subdivision of a State. See section 3 of PWEDA (42 U.S.C. 3122) and 13 
CFR 300.3. For-profit, private-sector entities and individuals are not 
eligible for investment assistance.
    The EDA-funded project must be located in an area that, on the date 
EDA receives the Proposal, meets one (or more) of the following 
economic distress criteria: (i) An unemployment rate that is, for the 
most recent 24-month period for which data are available, at least one 
percentage point greater than the national average unemployment rate; 
(ii) per capita income that is, for the most recent period for which 
data are available, 80 percent or less of the national average per 
capita income; or (iii) has a ``Special Need,'' as determined by EDA.
    EDA-Specific Cost Sharing Requirement: Generally, the amount of the 
EDA grant may not exceed 50 percent of the total cost of the project. 
Projects may receive an additional amount that shall not exceed 30 
percent, based on the relative needs of the region in which the project 
will be located (when compared with other distressed regions around the 
country), as determined by EDA. See section 204(a) of PWEDA (42 U.S.C. 
3144) and 13 CFR 301.4(b)(1). In the case of EDA investment assistance 
to a(n): (i) Indian Tribe, (ii) State (or political subdivision of a 
State) that the Assistant Secretary determines has exhausted its 
effective taxing and borrowing capacity, or (iii) non-profit 
organization that the Assistant Secretary determines has exhausted its 
effective borrowing capacity, the Assistant Secretary has the 
discretion to establish a maximum EDA investment rate of up to 100 
percent of the total project cost. See sections 204(c)(1) and (2) of 
PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(5).
    Funds from other Federal financial assistance awards are considered 
matching share funds for the EDA Co-applicant Scope of Work only if 
authorized by statute, which may be determined by EDA's reasonable 
interpretation of the statute. See 13 CFR 300.3. The EDA Co-applicant 
must show that the matching share is committed to the EDA Co-applicant 
Scope of Work for the award period, will be available as needed, and is 
not conditioned or encumbered in any way that precludes its use 
consistent with the requirements of EDA investment assistance. See 13 
CFR 301.5. While cash contributions are preferred, in-kind 
contributions, consisting of contributions of space, equipment, or 
services, may provide the required non-Federal share of the total 
project cost. See 15 CFR 24.24.
    Evaluation and Selection Procedures (Section V of the FOA): The 
evaluation criteria and selection procedures that EDA will use when 
evaluating EDA Applications and selecting the EDA Co-applicant under 
the FOA differ markedly from EDA's standard operating procedures and, 
in some cases, EDA's regulations.

Selection Procedures

    The selection procedures set forth below, and in more detail in 
Section V of the FOA, will supersede EDA's standard procedures for this 
competitive solicitation. These procedures will be implemented on 
behalf of EDA by EDA Headquarters, and are as follows:
    Phase 1: Initial eligibility and responsiveness review. The 
Granting Agencies will conduct an initial eligibility and 
responsiveness review to determine if the submitted Proposals (a) 
contain all required items for submission, as specified in Section IV 
of the FOA, and (b) include agency-specific Applications that meet the 
relevant agency-specific eligibility criteria, as specified in Section 
III of the FOA.
    Phase 2: DOE review of the Hub-specific portion of the Proposal. In 
this phase, DOE will review only those Proposals that were determined 
to be eligible and responsive during the prior phase of review. DOE 
will review the Hub-specific portion of the Proposal provided by the 
DOE Co-Applicant (see Section V.B of the FOA for the Hub-specific 
criteria against which Proposals

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in this phase will be reviewed). DOE will conduct this merit review in 
accordance with the nonbinding guidance provided in the ``Department of 
Energy Merit Review Guide for Financial Assistance and Unsolicited 
Proposals.'' This guide is available under Financial Assistance, 
Regulations and Guidance at http://www.management.energy.gov/documents/meritrev.pdf. Following this merit review, DOE will apply the DOE-
specific program policy factors and identify the top tier of DOE Co-
applicants based on the Hub evaluation criteria and the program policy 
factors. The Proposals associated with this top tier (``Top Tier 
Proposals'') will continue to Phase 3.
    Phase 3: EDA, NIST/MEP, and SBA review of Proposals. 
Representatives from the Granting Agencies other than DOE will perform 
an agency-specific review of their respective Applications for funding 
contained within the Top Tier Proposals. This review will assess the 
quality of the Applications based on the agency-specific criteria set 
forth in the FOA.
    Phase 4: Technical merit review of Consortium Proposals by 
interagency panel. In this phase, an interagency review panel composed 
of representatives from the Participating Agencies will review all Top 
Tier Proposals. In this phase, the interagency review panel will 
evaluate each Top Tier Proposal based on the E-RIC evaluation criteria 
listed in Section V.E of the FOA.
    Phase 5: Interactions with Consortia Submitting Top Tier Proposals. 
The interagency panel may interact with Consortia that submitted Top 
Tier Proposals as identified in Phase 2. In these 
interactions, Consortia may be notified of any shortcomings identified 
in Phases 2, 3, or 4 and be given the 
opportunity to submit supplemental materials to address these 
shortcomings. The interagency panel may elect to skip this phase; 
however, if the interagency panel elects to interact with any 
Consortium, it will interact with all Consortia submitting Top Tier 
Proposals.
    Phase 6: Interviews and Site Visits. The interagency panel may 
elect to conduct interviews and/or site visits with the Consortia that 
submitted Top Tier Proposals. If the interagency panel elects to 
conduct interviews with any Consortium, it will conduct interviews with 
all Consortia submitting Top Tier Proposals. Site visits will be 
conducted at the interagency panel's discretion.
    Phase 7: Interagency Panel Scores and Ranks Consortia. The 
interagency panel will then review the Top Tier Proposals, along with 
the results of any interviews or site visits and any supplementary 
materials submitted by the Consortia pursuant to Phase 5, and 
rate the Top Tier Proposals based on the E-RIC evaluation criteria in 
Section V.E of the FOA. Proposals that either a) are deemed 
unsatisfactory on the E-RIC evaluation criteria or b) are deemed 
unsatisfactory for funding by any Granting Agency on the basis of its 
agency-specific evaluation will be eliminated from further 
consideration. The interagency panel will then assign scores to the 
remaining Proposals based on the E-RIC evaluation criteria, which may 
be informed by the agency-specific technical merit reviews from EDA, 
NIST/MEP, and SBA. If all Top Tier Proposals are eliminated in Phase 
7, the interagency panel will not proceed to Phase 8. 
In this case, each Granting Agency may rely upon its own analysis and 
use the funds available under the FOA to fund any eligible Co-applicant 
it so chooses, or make no selection at all.
    Phase 8: Interagency Panel Identification of Recommended Proposal. 
The interagency panel will then apply specific policy factors to the 
remaining Top Tier Proposals as described in the FOA. The interagency 
panel will determine, based on its ranking and the policy factors, 
which Proposal it will recommend (the ``Recommended Proposal'') for 
funding to the Granting Agencies. The interagency panel will recommend 
funding the top-ranked Proposal from Phase 7 unless the panel 
recommends another Top Tier Proposal on the basis of the application of 
the policy factors. Each Granting Agency's representative on the 
interagency panel will recommend to their agency's Selecting Official 
that their agency fund their respective Co-applicant from the 
Recommended Proposal.
    Phase 9: Recommendation to Agency Selecting Officials and Agency 
Award Selections. The interagency panel members representing Granting 
Agencies will then forward to their respective Selecting Officials (i) 
a memorandum recommending the selection of the Co-Applicant on the 
Recommended Proposal for award, together with (ii) the Recommended 
Proposal itself and the ranking of the Top Tier Proposals by the 
interagency panel. Although it is anticipated that the Selecting 
Officials will be guided by their respective staff's recommendation, 
each Selecting Official does retain the right to not make an award.
    Phase 10: Negotiation of Consortium MOU and Final Awards. After the 
selected Proposal has been identified but prior to awards, the 
interagency panel will engage in negotiations with the Consortium in 
order to establish a collective agreement among all Consortium Co-
applicants and all agencies involved in the interagency panel regarding 
certain matters proposed in the Consortium's Proposal. The Consortium 
MOU will establish the long-term commitments of the Consortium as a 
whole to the management and facilitation of the E-RIC. Each Selecting 
Official may also enter into individual discussions with its selected 
recipient in order to negotiate and finalize a satisfactory award 
instrument consistent with the terms in the Consortium MOU. Such 
discussions may entail (1) conforming modifications to the project 
budget or Co-Applicant Scope of Work to meet Participating Agency 
requirements; or (2) special terms and conditions that may be required.
    Any Granting Agency may enter into negotiations with its selected 
recipient for any reason it deems necessary, including but not limited 
to: (1) The budget is not appropriate or reasonable for the 
requirement; (2) only a portion of the Application is selected for 
award; (3) a Granting Agency needs additional information to determine 
that the Co-applicant is capable of complying with the requirements in 
the FOA or the Granting Agency's applicable regulations; or (4) special 
terms and conditions are required. Failure to resolve satisfactorily 
the issues identified by the applicable Granting Agency will preclude 
award to its selected recipient. In the event that negotiations with 
the selected recipient cannot be resolved to the Granting Agency's 
satisfaction, the Granting Agencies reserve the right to select an 
alternate Consortium using the results from Phases 7 and 
8 above.

Notice of Selection

    Subject to the availability of funding, successful Co-applicants 
should expect to receive notification of selection for negotiation 
within sixty (60) to ninety (90) days from the closing date of the FOA. 
Each Co-applicant award will have an estimated start date between 
August 1, 2010, and September 30, 2010.

Evaluation Criteria

    The evaluation criteria set forth in this notice and request for 
applications, and more fully described in Section V of the FOA, will 
supersede any other evaluation criteria used by EDA for this 
competitive solicitation, including without limitation those set forth 
in 13 CFR 301.8. Where consistent with the terms set forth in the FOA, 
applicant

[[Page 16744]]

eligibility, program objectives and priorities, and other application 
and award requirements are set forth in EDA's regulations and EDA Co-
applicants must address these requirements; however, EDA's investment 
policies and priorities, evaluation criteria, and selection procedures 
shall be exclusively as set forth in this notice and the FOA, and EDA's 
codified regulations regarding those matters shall not apply.

EDA Investment Policies and Funding Priorities

    EDA's mission is to catalyze and foster regional economic 
development. EDA concentrates its resources on building a new 
foundation for sustainable economic growth. This foundation builds upon 
two key economic drivers--innovation and regional collaboration. 
Innovation puts ideas into action by developing and commercializing new 
products, services, and technologies for sale in the regional, 
national, and global marketplace. Regional collaboration requires 
cooperation across city, county, and even State lines; cross-functional 
collaboration among government agencies; and collaboration among the 
private, non-profit, and public sector. EDA funds approaches to 
economic development that break down barriers to collaboration and that 
support local and regional efforts to spur economic growth, create 
jobs, and enhance quality of life. In general, EDA strives to support a 
portfolio of investments that:
     Promote regional development;
     Accelerate innovation, technology transfer, and 
entrepreneurship to create or expand high-impact, fast-growth 
businesses;
     Attract private and non-profit capital;
     Create and retain good jobs and increase regional per 
capita income;
     Foster a globally competitive workforce;
     Increase exports of U.S. products and services; and
     Leverage complementary investments by other Federal, State 
and local entities.

Finally, EDA encourages Proposals that engage the diverse populations 
of America, including the most disadvantaged and historically 
underrepresented, to contribute to and reap the benefits of these 
funding priorities.

EDA-specific Evaluation Criteria for EDA Co-applicant

    EDA will use the following evaluation criteria for specific 
evaluation of the EDA Co-applicant:
    i. Qualifications of EDA Co-applicant's key personnel to perform 
the proposed project.
    ii. Quality of EDA Co-applicant's proposed management, and the 
extent to which the proposed project effectuates EDA's investment 
priorities, which are:
     Collaborative Regional Innovation. Initiatives that 
support the development and growth of innovation clusters based on 
existing regional competitive strengths. Initiatives must engage 
stakeholders; facilitate collaboration among urban, suburban and rural 
(including Tribal) areas; provide stability for economic development 
through long-term intergovernmental and public/private collaboration; 
and support the growth of existing and emerging industries.
     Public/Private Partnerships. Investments that use both 
public and private sector resources and leverage complementary 
investments by other government/public entities and/or non-profits.
     National Strategic Priorities. Initiatives that encourage 
job growth and business expansion in clean energy; green technologies; 
sustainable manufacturing; information technology (e.g., broadband, 
smart grid) infrastructure; communities severely impacted by automotive 
industry restructuring; natural disaster mitigation and resiliency; 
access to capital for small and medium sized and ethnically diverse 
enterprises; and innovations in science, health care and alternative 
fuel technologies.
     Global Competitiveness. Investments that support high 
growth businesses and innovation-based entrepreneurs to expand and 
compete in global markets.
     Environmentally-Sustainable Development. Investments that 
encompass best practices in `environmentally sustainable development,' 
broadly defined, to include projects that enhance environmental quality 
and develop and implement green products, processes, and buildings as 
part of the green economy.
     Economically Distressed and Underserved Communities. 
Investments that strengthen diverse communities that have suffered 
disproportionate economic and job losses and/or are rebuilding to 
become more competitive in the global economy.
    iii. The extent to which the EDA Co-applicant's Application for EDA 
funding reflects an outstanding, high quality, and meaningful 
contribution to the Consortium's overall Proposal and evaluation under 
Section V.E. of the FOA.
    iv. Feasibility of proposed project and project readiness. EDA may 
consider past performance of the EDA Co-applicant with respect to the 
receipt of and the performance of prior awards of Federal assistance 
under this factor.
    v. Quality and amount of local match and/or related private 
investment offered as part of the project.
    Intergovernmental Review: Applications for assistance under EDA's 
programs are subject to the State review requirements imposed by 
Executive Order 12372, ``Intergovernmental Review of Federal 
Programs.''
    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements: Administrative and national policy 
requirements for all Department of Commerce awards are applicable to 
this competitive solicitation. These requirements may be found in the 
Department of Commerce Pre-Award Notification Requirements for Grants 
and Cooperative Agreements, which was published in the Federal Register 
on February 11, 2008 (73 FR 7696). This notice may be accessed by 
entering the Federal Register volume and page number provided in the 
previous sentence at the following Web site: http://www.gpoaccess.gov/fr/index.html.
    Paperwork Reduction Act: This document contains collection-of-
information requirements subject to the Paperwork Reduction Act (PRA). 
The use of Form ED-900 (Application for Investment Assistance) has been 
approved by the Office of Management and Budget (OMB) under the Control 
Number 0610-0094. The use of Forms SF-424 (Application for Financial 
Assistance), SF-424A (Budget Information--Non-Construction Programs), 
SF-424B (Assurances--Non-Construction Programs), SF-424C (Budget 
Information--Construction Programs), SF-424D (Assurances--Construction 
Programs), and Form SF-LLL (Disclosure of Lobbying Activities) has been 
approved under OMB Control Numbers 4040-0004, 0348-0044, 4040-0007, 
4040-0008, 4040-0009, and 0348-0046 respectively. The Form CD-346 
(Applicant for Funding Assistance) is approved under OMB Control Number 
0605-0001. 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 PRA unless that collection of information displays 
a currently valid OMB Control Number.
    Executive Order 12866 (Regulatory Planning and Review): This notice 
has

[[Page 16745]]

been determined to be not significant for purposes of Executive Order 
12866.
    Executive Order 13132 (Federalism): It has been determined that 
this notice does not contain policies with Federalism implications as 
that term is defined in Executive Order 13132.
    Administrative Procedure Act/Regulatory Flexibility Act: Prior 
notice and an opportunity for public comments are not required by the 
Administrative Procedure Act or any other law for rules concerning 
grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice 
and opportunity for comment are not required pursuant to 5 U.S.C. 553 
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 has not been prepared.

    Dated: March 26, 2010.
John R. Fernandez,
Assistant Secretary of Commerce for Economic Development.
[FR Doc. 2010-7467 Filed 4-1-10; 8:45 am]
BILLING CODE 3510-24-P