[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Notices]
[Pages 61275-61281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24198]


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 Notices
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  Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / 
Notices  

[[Page 61275]]



DEPARTMENT OF AGRICULTURE

[OES-2014-0001]


Announcement of Requirements and Registration for the U.S. Tall 
Wood Building Prize Competition

AGENCY: USDA.

ACTION: Notice.

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

    Authority: 15 U.S.C. 3719.

SUMMARY: The U.S. Department of Agriculture in a cooperative 
partnership with the Softwood Lumber Board and the Binational Softwood 
Lumber Council is conducting a prize competition funding initiative to 
support the demonstration of tall wood buildings in the United States. 
The U.S. Tall Wood Building Prize Competition (the ``Competition'') is 
being conducted to showcase the architectural and commercial viability 
of advanced wood products in tall building construction in order to 
support employment opportunities in rural communities, maintain the 
health and resiliency of the Nation's forests, and advance 
sustainability in the built environment.
    Using wood obtained through sustainable forestry practices in green 
building applications promotes a healthy environment and a strong 
economy. The timber industry is an important job creator and supports 
hundreds of local communities, many of them rural. A recent life cycle 
analysis found that harvesting, transporting, manufacturing, and using 
wood in lumber and panel products in building yields fewer air 
emissions--including greenhouse gases--than the resource extraction, 
manufacture, and use of other common building materials.
    There are barriers to being the first to adopt new building 
materials and systems, most notably the costs of analyzing novel design 
and engineering alternatives and verifying that these solutions comply 
with applicable code(s). The funds made available for the Competition 
will support costs associated with pioneering the use of advanced wood 
products and systems in tall buildings and open the door for more 
widespread adoption of the innovative materials.
    The objective of the Competition is to identify one or more 
proponents with existing viable projects and capable design and 
construction teams willing to convert their existing project from a 
traditionally constructed tall building to a design and construction 
approach using advanced wood building materials, new composite or 
hybrid wood methods, and/or existing proven alternative solution 
techniques.
    The Competition prize purse will be awarded to selected 
proponent(s) to cover the incremental costs of converting from 
traditional construction to wood construction. The selected 
proponent(s) will be the team demonstrating the best ability to utilize 
new scientific data, to develop technical expertise, and to use 
incremental funding to safely design, specify, and construct a building 
of a minimum of eighty feet (80') in height (not including a reinforced 
concrete podium) in the United States of America that can showcase the 
application, practicality, and sustainability of innovative wood based 
structural building solutions in tall building construction.

DATES: 
    Competition Submission Period: October 9, 2014-December 8, 2014.
    Evaluation and Judging: December 8, 2014-January 2015.
    Verification of Potential Winner(s:) January 2015.
    Announcement of Winner(s) & Signing of Preliminary Funding 
Agreement(s): February 2015.
    The Competition Submission Period begins October 9 at 10:00 a.m. ET 
and ends December 8, 2014 at 12:00 a.m. ET. The Competition Sponsor's 
computer, set to Eastern Time, is the official time-keeping device for 
this Competition.
    Competition dates are subject to change at the discretion of the 
Competition Sponsor. Entries submitted before or after the Competition 
Submission Period will not be reviewed or considered for award.

Competition Questions, Changes, and Results

    Changes or updates to the Competition rules will be posted and can 
be viewed at the Competition Web site at: 
www.tallwoodbuildingcompetition.org.
    Questions about the Competition can be directed by email to the 
Competition Sponsor at: Oscar Faoro, Project Manager, U.S. Tall Wood 
Building Prize Competition, [email protected].
    Results of the Competition will be announced on or about February 
2015 on the Competition Web site: www.tallwoodbuildingcompetition.org.

SUPPLEMENTARY INFORMATION:

Competition Partners and Competition Sponsor

    The U.S. Department of Agriculture (``USDA'') is the department of 
the U.S. Federal government that provides leadership on food, 
agriculture, natural resources, forestry, rural development, nutrition, 
and other issues related to agriculture in America. Web site: 
www.usda.gov
    The Softwood Lumber Board (``SLB'') is an industry funded Check-off 
Program established in cooperation with the USDA's Agricultural 
Marketing Service to promote the benefits and uses of softwood lumber 
products in outdoor, residential, and non-residential construction. 
Programs supported by the SLB focus on increasing the demand for 
softwood lumber products in the United States. Web site: 
www.softwoodlumberboard.org
    The Canadian and U.S. Federal governments established the 
Binational Softwood Lumber Council (``BSLC'') as part of the 2006 
Softwood Lumber Agreement ``to promote increased cooperation between 
the U.S. and Canadian softwood lumber industries and to strengthen and 
expand the market for softwood lumber products in both countries''. The 
BSLC is a leading funder of efforts to increase the use of softwood 
lumber products as part of the shift to green building. Sustainably 
harvested softwood lumber products from North America create jobs in 
rural communities, sequester significant amounts of carbon, and help 
reduce the overall environmental footprint of a home or building. Web 
site: www.softwoodlumber.org
    Collectively the USDA, SLB, and BLSC are the ``Competition 
Partners.'' The SLB is the ``Competition Sponsor.'' The Competition 
Sponsor, in coordination with the Competition

[[Page 61276]]

Partners, will make all decisions related to the development, 
management, and implementation of the Competition.
    The Competition Sponsor and the winning Project Proponent Team(s) 
will enter into funding agreement(s) after the Competition that will 
govern the obligations of the Project Proponent Team, the process for 
submitting Eligible Expenses, and disbursements from and administration 
of the Prize Purse. A sample Funding Agreement can be found on the 
Competition Web site: www.tallwoodbuildingcompetition.org.

Eligibility Rules for Participating in the Competition

    The competition is open to Project Proponent Teams consisting of 
real estate developers, institutions (e.g., universities), and other 
corporations or legal organizations (e.g., partnerships or nonprofit 
organizations), and their design and construction team partners. Each 
team member must be either:
    (1) Individuals that are part of the Project Proponent Team must be 
residents of the 50 United States, the District of Columbia, Puerto 
Rico, the U.S. Virgin Islands, Guam, and American Samoa; or
    (2) Corporations, institutions, or other legal entities that are 
part of the Project Proponent Team must be organized in and maintain a 
primary place of business in any jurisdiction specified in (1).
    Project Proponent Teams shall identify a single lead applicant 
individual or entity in their Competition entries (the ``Team Lead''). 
The Team Lead is responsible for providing and meeting all entry and 
evaluation requirements.
    All proposed projects must be located in one of the 50 United 
States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, 
Guam, or American Samoa.
    To be eligible to win the Competition, Project Proponent Team 
members must not be suspended, debarred, or otherwise excluded from 
doing business with the U.S. Federal Government.
    A Project Proponent Team shall not be deemed ineligible because the 
Project Proponent Team used Federal facilities or consulted with 
Federal employees in preparing its submission to the Competition if the 
facilities and employees are made available to all Project Proponent 
Teams on an equitable basis.
    None of the Competition Partners or any of their respective 
affiliates, subsidiaries, or any other company or entity involved with 
the design, production, execution, or distribution of the Competition 
is eligible. None of the Competition Partners' employees may 
participate as members of a Project Proponent Team.
    Non-USDA Federal employees acting in the capacity of their Federal 
employment are not eligible members of a Project Proponent Team. Non-
USDA Federal employees acting in their personal capacity should consult 
with their respective office of ethics to determine whether their 
permission as a member of a Project Proponent Team is permissible.

Registration Process for Participants

    Project Proponent Teams may begin submitting Competition entries at 
10:00 a.m. EST on October 9, 2014 to the Submit page of the Competition 
Web site at: www.tallwoodbuildingcompetition.org.
    Competition entries must be submitted no later than 12:00 a.m. on 
December 7, 2014 to the Submit page of the Competition Web site at: 
www.tallwoodbuildingcompetition.org.

Formatting

     Entries must be in pdf format.
     Entries must include a table of contents and be 
consecutively paginated.
     Entries must include a cover letter containing the 
information set out in below in the Mandatory Elements section, 
subsection A.
     Entries must not exceed 30 pages or 20 megabytes including 
appendices.
     Entries must be in English.
     All accounting figures contained in entries must be in 
U.S. dollars.
    Entries submitted late will not be evaluated or considered for 
award.
    Entries sent to the Competition Sponsor or Competition Partners in 
any manner other than through the Submit page of the Competition Web 
site will not be evaluated or considered for award.
    Entries that do not comply with the formatting requirements will 
not be evaluated or considered for award.

Competition Award(s)

    The Prize Purse is a combined pool from the Competition Partners of 
$2 million. The Prize Purse may increase, but will not decrease. Any 
increases in the Prize Purse will be posted on the Competition Web site 
and published in the Federal Register. The Prize Purse will be used to 
fund one or more awards; the number of awards made will depend on the 
estimated amount of Eligible Expenses proposed by the winning Project 
Proponent Team(s). Award(s) will be made to the winning Project 
Proponent Team(s) to cover incremental costs of transitioning their 
building from a traditional structure to a wood structure, i.e., those 
costs incurred only because of the Project Proponent Team's innovative 
use of wood products in the demonstration structure.
    Incremental costs that may be paid for using the award(s) from the 
Prize Purse are the Eligible Expenses listed below. The winning Project 
Proponent Team(s) will be required to enter into a post-Competition 
funding agreement (``Funding Agreement'') with the Competition Sponsor, 
and to submit incremental costs for approval as Eligible Expenses prior 
to receiving disbursements of funds from the Prize Purse.
    The winning Project Proponent Team(s) is encouraged to seek 
additional sources of funding beyond the Prize Purse to promote the 
project's transition from a traditional structure to a wood structure.
    All costs incurred in the preparation of Competition entries are to 
be borne by Project Proponent Teams. Entry preparation costs will not 
be a Prize Purse Eligible Expense.

Eligible Expenses

    The following types of incremental costs of transitioning the 
winning Project Proponent Team(s) building from a traditional structure 
to a wood structure will be eligible for reimbursement from the awarded 
Prize Purse funds.

Schematic Design, Design Development, and Construction Drawings

     Architecture.
    [cir] Concept and design development.
     Engineering.
    [cir] Incremental preliminary evaluation of possible structural 
solutions and building serviceability related issues.
    [cir] Incremental design expenses related to the design of the wood 
structure.
    [cir] Integration of novel solutions when detailing structural 
documents for tendering and construction.
     Fire safety and protection.
    [cir] Fire and building safety strategies, related issues, and 
possible solutions.
     Building enclosure.
    [cir] Examination of issues and detailing solutions related to the 
building's exterior facade.
     Mechanical and electrical interfaces.
    [cir] Strategies and issue resolutions related to system 
integration.
     Secondary impact and preliminary cost analysis related to 
use of wood products, components and systems, and related construction 
methodologies.

[[Page 61277]]

Research, Testing, and Other Required Support by Third Parties

     Research.
    [cir] Related to acoustic, fire, seismic, vibration, connections, 
building envelop assembly materials, and construction techniques.
     Modeling and testing.
    [cir] Costs associated with product, component, and/or system 
modeling and testing.

Building System Code Acceptance, Final Cost Analysis and Approvals

     Architecture and engineering.
    [cir] Comprehensive resolution of design issues.
     Final code review, final cost analysis, and preparation of 
documents and peer review process costs.
     Additional design modeling or testing requirements.
     Final documents and presentations to the Local 
Authority(ies) for building permit approvals.
     Other project approval costs.

Construction

     Project construction fees associated with wood 
construction that would not otherwise be required.
     Quality control, site inspection, and site safety costs.
     Weather protection costs related to protecting materials 
and constructed assemblies during the building process.
     Fire protection and site security costs.
     Risk management related costs.

Related Activities and Other Costs Not Noted but Directly Attributable 
to the Development and Construction of a Wood Solutions for the Project

     Incremental supervision and trade training associated with 
the proposed wood solution(s).
     Instrumentation during construction and ongoing monitoring 
costs associated with building performance of critical wood components 
or assemblies.
     Extra-ordinary course of construction insurance premiums 
and other extra-ordinary insurance costs which can be clearly defined.
     Construction site access requested by the Competition 
Partners that may cause the proponent to incur additional costs; i.e., 
construction disruption and additional site safety requirements that 
may result from visitor tours or promotional events.

Mandatory Entry Elements

    All Competition entries must include information addressing all of 
the mandatory elements. Any entry that fails to include information 
addressing all of the mandatory elements will not be considered for 
award.
    A. Each Competition entry must include a cover letter that (1) 
affirmatively represents that the Project Proponent Team has read and 
consents to be governed by the Competition rules and meets the 
eligibility requirements, and (2) clearly lists the following project 
and Project Proponent Team information:
     A brief description of the project, including location 
details, proposed occupancy, proposed building height, and proposed 
construction start date;
     The name of the title holder for the property site being 
considered for the project;
     The members of the Project Proponent Team, the Team Lead, 
key contacts and contact details for the Team Lead, and a brief 
description of the relationship amongst and agreements in place between 
the Team Lead and members of the Project Proponent Team;
     The estimated amount of Eligible Expenses attributable to 
transitioning the project from traditional construction to wood 
construction; and
     A clear statement that the Project Proponent Team commits 
to have some wood material sourced from and manufactured by domestic 
Rural Sources.
    B. Each Competition entry must include information addressing the 
following elements:
1. Project Specifics and Details
    Competition entries must include the following details about the 
proposed project:
     The legal description of the parcel of land proposed for 
use as the project site;
     The name of the title holder for the parcel of land 
proposed for use as the project site;
    [cir] If the title holder is not a member of the Project Proponent 
Team, include a description of the agreement(s) entered into with the 
title holder for use of the parcel of land proposed for use as the 
project site;
     Current and proposed zoning of the parcel of land proposed 
for use as the project site;
     Status of required development permit(s) for both the 
project site and the project itself;
     A project site plan;
     A project rendering; and
     A description of the proposed accessibility and visibility 
of the project on a national architectural scale.
2. Business Case for Project
    Competition entries must include information setting out the 
Project Proponent Team's business case, specifically:
     Project Proponent Team's experience with building 
development, tall building design and construction;
     The proposed project financing plan;
     A preliminary project budget;
     The estimated amount of Eligible Expenses attributable to 
transitioning the project from traditional construction to wood 
construction;
     A reasonably detailed schedule of when and where Eligible 
Expenses would be incurred, outlining how the Prize Purse will be 
utilized. The schedule shall include dates of expected Prize Purse 
funding requests;
     A planned timeline of project development and 
construction;
     A narrative describing how the proposed wood solution and 
project compares with other more commonly used structural solutions and 
buildings in the market; and
     A summary discussing market research and estimating the 
regional demand for the residential, commercial, institutional, or 
industrial spaces included in the proposed project.
    Competition entries also must include information about the local 
authority(ies) having jurisdiction over the project and/or project site 
(``Local Authority(ies)''):
     Name(s) of and contact information for the Local 
Authority(ies) having jurisdiction over the project and/or project 
site;
     A discussion of the previous experience of the Local 
Authority(ies) approving projects using a code alternate approach;
    [cir] Note that Project Proponent Team experience working with the 
Local Authority(ies) on a prior successfully completed code alternate 
project will be evaluated more highly than a general discussion of the 
code alternate experience of the Local Authority(ies) with other 
developers; and
     Project Proponent Teams must request from the Local 
Authority(ies) a letter (letters) indicating a willingness on the part 
of the Local Authority(ies) to engage with the Project Proponent Team 
in a cooperative effort to develop a code alternate solution for the 
proposed project.
    [cir] If the Local Authority(ies) cannot provide the requested 
letter(s) before the deadline for submission of Competition entries, 
the Project Proponent Team instead may include a written description 
detailing the engagement the Project Proponent Team has had to date 
with the Local Authority(ies) and the nature of the response(s) 
received from the Local Authority(ies).

[[Page 61278]]

    [ssquf] Note: Competition entries with the requested letter(s) will 
be evaluated more highly than those without.
    [ssquf] Note: The Project Proponent Team(s) that is evaluated 
highest will be required to provide the requested letter(s) prior to 
being officially selected as the Competition winner(s) and awarded the 
Prize Purse.
3. Proposed Wood Solution
    Competition entries must include information setting out the 
Project Proponent Team's proposed wood solution, specifically:
     Proposed structural system;
    [cir] Detailed information about the feasibility of the proposed 
structural solution being proposed for the project; e.g., has it been 
used commonly elsewhere; has it previously been tested and applied, or 
is it experimental and still requiring research, analysis, modeling, 
and testing;
     A preliminary concept of the proposed structural solution 
with information about available research to support the solution, or 
the possible breadth of analysis or testing requirements needed to 
validate the solution; and
4. Sustainability
    Competition entries must include information about the project's 
sustainability, specifically:
     A narrative detailing the project's environmental impact 
or footprint, and the sustainability elements featured in the project;
     The narrative must address the anticipated levels of 
impact of the proposed project from a sustainability and performance 
perspective including references to life cycle assessment, inventory, 
impact and costing, carbon sequestration, embodied energy and expected 
energy usage.
5. Rural Economic Ties
    Competition entries must include information setting out the 
project's ties to stimulating the rural economy, specifically:
     An economic narrative describing the potential of the 
project and/or wood materials used in the project to positively impact 
the U.S. rural economy;
     A proposed plan for working with Competition Sponsor to 
develop a post-project Tall Wood Building Demonstration Report, for use 
within the building industry, that details lessons learned and makes 
recommendations about building tall wood structures in the United 
States; and
     A statement detailing the Project Proponent Team's 
commitment to have some of the wood material used in the proposed wood 
solution sourced from and manufactured by domestic (U.S.) Rural 
Sources.
    [cir] Note: ``Rural Sources'' are sources in any areas other than: 
(1) A city or town that has a population of greater than 50,000 
inhabitants; and (2) the urbanized area contiguous and adjacent to such 
a city or town, as defined by the U.S. Bureau of the Census using the 
2010 census of the United States.
    [ssquf] The following Web site can be used as a general non-
guaranteed guide to assist in determining whether or not a particular 
area is likely rural: http://eligibility.sc.egov.usda.gov/eligibility/welcomeAction.do.

Optional Entry Elements

    Competition entries are not required to include information 
addressing the optional elements, but including information addressing 
all of the optional elements will increase chances of winning.
    Entries that include information addressing some or all of the 
optional elements will be evaluated more highly than entries that do 
not address any of the optional elements.

1. Project Specific Details

    Competition entries should include additional detailed project 
information, specifically:
     The proposed building enclosure, and information about how 
enclosure issues might be resolved for the specific location, design, 
and occupancy of the proposed project.

2. Business Case for Project

    Competition entries should include additional information setting 
out the Project Proponent Team's business case, specifically:
     The curricula vitae of the Project Proponent Team design 
team member(s) and/or key consultants; and
     Examples of past projects designed and completed that are 
similar to the proposed project in form and scale.

3. Proposed Wood Solution

    Competition entries should include additional information about the 
proposed wood solution, specifically:
     The potential advantages and/or costs savings of the 
proposed structural system and the overall project from a 
constructability and competitive perspective over traditional methods 
of building tall structures including but not limited to; land 
utilization, integrated and detailed design; prefabrication 
opportunities, and speed of erection impacting directly or indirectly 
other inter-related secondary or tertiary aspects of construction.
     A fire protection strategy for the project, and detailed 
information about the proposed fire protection systems and/or fire 
resistance applications proposed, and whether the proposed systems/
applications have been successfully used in wood structures elsewhere 
or are experimental.

4. Sustainability

    In addition to the information requested with the mandatory 
elements, competition entries should include information about the 
project's sustainability, specifically:
     Any sustainable timber harvest practices, certifications, 
or other land management information pertinent to anticipated product 
use.

5. Rural Economic Ties

    Competition entries should include additional information setting 
out the project's ties to stimulating the rural economy, specifically:
     Details about where key structural and architectural wood 
products and related materials or complementary products will be 
sourced, produced, or fabricated, and the extent to which these 
materials will come from domestic (U.S.) Rural Sources.

Evaluation, Judging, and Selection of Winner(s)

    The Competition Sponsor will screen all entries for eligibility and 
inclusion of all the mandatory elements. Entries from Project Proponent 
Teams that do not meet the eligibility requirements set out above in 
the Eligibility Rules for Participating in the Competition section and/
or that fail to include one or more of the mandatory elements set out 
above in the Mandatory Entry Elements section will not be evaluated or 
considered for award.
    Eligible and complete entries will be judged by a fair and 
impartial panel of individuals (the ``Judging Panel'') from the 
Competition Partners and from outside organizations with expertise in 
tall building design and construction.
    Competition entries that include information about only the 
mandatory elements can earn an evaluated base score of up to 100%. 
Competition entries that include information about some or all of the 
optional elements can earn an evaluated base plus bonus score of up to 
125%. The Judging Panel will evaluate and score each eligible 
Competition entry, and will recommend for award to the Competition 
Partners the entry(ies) with the highest combined base plus bonus 
score(s). The Competition Partners will, in their sole discretion, make 
award based on consideration of the Judging Panel's

[[Page 61279]]

evaluations and recommendations and the anticipated contribution of the 
winning entry(ies) to fostering transformative change in building 
practices through replicable or iconic demonstration and the 
anticipated unique contributions of the winning entry(ies) to rural 
economic opportunity. The Competition Partners reserve the right to 
select other than the highest scoring entry(ies) for award. The 
Competition Partners, in their sole discretion, may identify 
competition finalists prior to a final award determination. The Judging 
Panel will evaluate entries based upon the following mandatory 
criteria:

1. Project Specifics and Details--Mandatory Element Criteria--15%

     Viability of the proposed project--based on site 
ownership, site parameters, site zoning, the stage of design 
development as presented, and the stage of the development permit(s) as 
described.
     Ability of the project to foster transformative change in 
the built environment--based on the project's iconic architecture or 
engineering, or high profile accessibility or visibility.

2. Business Case for Project--Mandatory Element Criteria--30%

     The Project Proponent Team's summary of experience with 
building development and tall building design and construction
     Viability of the Project Proponent Team's business case--
presentation of financial metrics, base assumptions, demand estimation 
for the project's space, market analysis, budgets, partnership 
agreements, regional or national socio-economic impact of the project, 
etc.; and based on an estimated summary of `Eligible Expenses'.
     Project Timeline--proposed schedules with realistic 
estimated project completion dates that are nearer in the future will 
be evaluated more highly than proposed schedules with estimated project 
completion dates that are further in the future and/or are unrealistic.
     Willingness and ability of the Local Authority(ies) to 
cooperate with the Project Proponent Team--based on the letter(s) from 
or descriptions of engagement with the Local Authority(ies).
    [ssquf] Competition entries with letter(s) will be evaluated more 
highly than entries with only descriptions of the engagement between 
the Project Proponent Team and the Local Authority(ies)

3. Proposed Wood Solution--Mandatory Element Criteria--25%

     Viability of the proposed wood structural solution--based 
on the system and materials proposed, the level of detail provided 
about the proposed system, the demonstrated feasibility of the system, 
and the practicality of the proposed system and its potential for 
repeat use in the industry.

4. Sustainability--Mandatory Element Criteria--15%

     Amount of reduction in environmental footprint over a 
similar building constructed using traditional materials.
     Amount and types of sustainability elements featured in 
the project.
     Feasibility of realizing the estimated levels of impact of 
the project from a sustainability and performance perspective.

5. Rural Economic Ties--Mandatory Element Criteria--15%

     Feasibility of realizing positive impacts to the U.S. 
rural economy from the project and/or wood materials used in the 
project--based on demonstration of the project's potential to be a 
catalyst for supporting emerging demand for new domestic rural 
manufacturing and employment opportunities.
     Quality of the plan for development of a Tall Wood 
Building Demonstration Report (A Case Study).
     Creation of direct rural economic opportunity related to 
the project--based on documentation of commitment to source wood 
materials from U.S. Rural Sources.
    The Judging Panel will evaluate entries based upon the following 
optional element criteria:
1. Project Specifics and Details--Optional Element Criteria--Bonus 5%
     A description of the proposed building enclosure solution 
and its viability.
2. Business Case for Project--Optional Element Criteria--Bonus 5%
     Project Proponent Team's past experience with completed 
design and construction of projects that are similar to the proposed 
project in form and scale.
3. Proposed Wood Solution--Optional Element Criteria--Bonus 5%
     A reasonably detailed estimate of construction costs and 
savings comparing the proposed wood solution to other traditional 
methods and materials for the proposed project.
     A description of the fire protection strategy being 
proposed and its viability.
4. Sustainability--Optional Element Criteria--Bonus 5%
     Documentation that links the wood materials and products 
to be sourced for the proposed project to sustainable timber harvest 
practices, certifications, or other sustainable land management 
initiatives.
5. Rural Economic Ties--Optional Element Criteria--Bonus 5%
     Competition entries that go beyond a commitment statement 
to include details of how and where in rural America wood materials 
will be sourced will be evaluated more highly than less detailed 
entries.

Additional Rules and Conditions

A. General Conditions

    By entering the Competition, each Project Proponent Team guarantees 
that its entry complies with all applicable Federal and state laws and 
regulations.
    Each Project Proponent Team warrants that its entry is free of 
viruses, spyware, malware, or any other malicious, harmful, or 
destructive device. Project Proponent Teams submitting entries 
containing any such device will be held liable and may be prosecuted to 
the fullest extent of the law.
    Entries containing any matter which, in the sole discretion of 
Competition Sponsor, is indecent, defamatory, in obvious bad taste, 
which demonstrates a lack of respect for public morals or conduct, 
which promotes discrimination in any form, which shows unlawful acts 
being performed, which is slanderous or libelous, or which adversely 
affects the reputations of Competition Sponsor or any of the 
Competition Partners will not be accepted. If the Competition Sponsor, 
in its sole discretion, finds any entry to be unacceptable then such 
entry shall be deemed disqualified and will not be evaluated or 
considered for award.
    The winning Project Proponent Team(s) must comply with all 
applicable laws and regulations regarding Prize Purse receipt and 
disbursement. The winning Project Proponent Team(s) also must comply 
with all terms and conditions of the Funding Agreement(s) to be entered 
into between the winning Project Proponent Team(s) and the Competition 
Sponsor.
    Competition Sponsor's failure to enforce any term of any applicable 
rule or condition shall not constitute a waiver of that term.

[[Page 61280]]

B. Entry Conditions & Release

    By entering the Competition, each Project Proponent Team agrees to: 
(1) Comply with and be bound by all applicable rules and conditions, 
and the decisions of the Competition Sponsor and Competition Partners, 
which are binding and final in all matters relating to this 
Competition; (2) release and hold harmless the Competition Sponsor and 
the Competition Partners and all their respective past and present 
officers, directors, employees, agents, and representatives 
(collectively the ``Released Parties'') from and against any and all 
claims, expenses, and liability arising out of or relating to the 
Project Proponent Team's entry or participating in the Competition and/
or the Project Proponent Team's acceptance, use, or misuse of the Prize 
Purse or recognition.
    The Released Parties are not responsible for: (1) Any incorrect or 
inaccurate information, whether caused by Project Proponent Teams, 
printing errors, or by any of the equipment or programming associated 
with or used in the Competition; (2) technical failures of any kind, 
including, but not limited to, malfunctions, interruptions, or 
disconnections in phone lines or network hardware or software; (3) 
unauthorized human intervention in any part of the entry process for 
the Competition; (4) technical or human error that may occur in the 
administration of the Competition or the processing of entries; or (5) 
any injury or damage to persons or property that may be caused, 
directly or indirectly, in whole or in part, from Project Proponent 
Team's participation in the Competition or receipt or use or misuse of 
the Prize Purse. If for any reason a Project Proponent Team's entry is 
confirmed to have been deleted erroneously, lost, or otherwise 
destroyed or corrupted, Project Proponent Team's sole remedy is to 
submit another entry in the Competition.

C. Termination and Disqualification

    Competition Sponsor reserves the authority to cancel, suspend, and/
or modify the Competition, or any part of it, if any fraud, technical 
failures, or any other factor beyond Competition Sponsor's reasonable 
control impairs the integrity or proper functioning of the Competition, 
as determined by Competition Sponsor in its sole discretion.
    Competition Sponsor reserves the right to disqualify any Project 
Proponent Team it believes to be tampering with the entry process or 
the operation of the Competition or to be acting in violation of any 
applicable rule or condition.
    Any attempt by any person to undermine the legitimate operation of 
the Competition may be a violation of criminal and civil law, and, 
should such an attempt be made, Competition Sponsor reserves the 
authority to seek damages from any such person to the fullest extent 
permitted by law.

D. Verification of Potential Winner(s)

    All potential competition winners are subject to verification by 
competition sponsor whose decisions are final and binding in all 
matters related to the competition.
    Potential winner(s) must continue to comply with all terms and 
conditions of the Competition rules, and winning is contingent upon 
fulfilling all requirements. The potential winner(s) will be notified 
by email and/or telephone. If a potential winner cannot be contacted, 
or if the notification is returned as undeliverable, the potential 
winner forfeits. In the event that a potential winner, or an announced 
winner, is found to be ineligible or is disqualified for any reason, 
the Competition Sponsor may make award, instead, to the next runner up, 
as previously determined by the Judging Panel.
    Prior to awarding the Prize Purse, USDA will verify that the 
potential winner(s) is/are not suspended, debarred, or otherwise 
excluded from doing business with the U.S. Federal Government. 
Suspended, debarred, or otherwise excluded parties will not be eligible 
to win the Competition.
    Prior to being awarded the Prize Purse the potential winner(s) 
must:
    1. Provide the letter(s) of cooperation from the Local 
Authority(ies);
    2. Complete a certification of eligibility attesting to the Project 
Proponent Team's fulfillment of all the eligibility requirements (the 
certification form will be provided to the potential winner(s) by 
Competition Sponsor);
    3. Enter into a Funding Agreement with Competition Sponsor. The 
Funding Agreement governs the obligations of the Project Proponent 
Team, including the addition of the United States of America as a named 
insured on general liability and umbrella insurance policies; the 
process for submitting Eligible Expenses; and disbursements from and 
administration of the Prize Purse. A sample Funding Agreement can be 
found on the Competition Web site: www.tallwoodbuildingcompetition.org.

E. Intellectual Property

    By entering the Competition, each Project Proponent Team warrants 
that it is the author and/or authorized owner of its entry, and that 
the entry is wholly original with the Project Proponent Team (or is an 
improved version of an existing project plan that the Project Proponent 
Team is legally authorized to enter into the Competition), and that the 
submitted entry does not infringe any copyright, patent, or any other 
rights of any third party. Each Project Proponent Team agrees to hold 
the Released Parties harmless for any infringement of copyright, 
trademark, patent, and/or other real or intellectual property right 
that may be caused, directly or indirectly, in whole or in part, from 
Project Proponent Team's participation in the Competition.
    All legal rights in any materials produced or submitted in entering 
the Competition are retained by the Project Proponent Team and/or the 
legal holder of those rights. Entry into the Competition constitutes 
express authorization for Competition Sponsor, Competition Sponsor's 
staff, Competition Partners', Competition Partners' staff, and the 
Judging Panel to review and analyze any and all aspects of submitted 
entries, including any trade secret or proprietary information 
contained in or evident from review of the submitted entries.
    Legal rights in materials produced during design and construction 
of the winning project(s) will be negotiated as part of the Funding 
Agreement entered into between Competition Sponsor and the winning 
Project Proponent Team(s).
    A sample Funding Agreement, containing draft intellectual property 
language, can be found on the Competition Web site: 
www.tallwoodbuildingcompetition.org.

F. Publicity & Availability of Project for Demonstration Purposes

    By entering the Competition, each Project Proponent Team consents, 
as applicable, to Competition Sponsor's and Competition Partners' use 
of the names, likenesses, photographs, voices, and/or opinions of each 
member of the Project Proponent Team both individually and 
collectively, and disclosure of their hometowns and States for 
promotional purposes in any media, worldwide, without further payment 
or consideration.
    During construction of the winning project(s) and for a period of 
three (3) years after completion, upon advance notice, the Project 
Proponent Team shall provide the Competition Sponsor or Competition 
Partners' representatives,

[[Page 61281]]

and any representatives' guests, reasonable access to any premises 
where the project takes place (i) to assess the project's progress or 
any element thereof; and/or (ii) to showcase the project as a 
demonstration of the capabilities of wood structural products in tall 
building construction.

G. Privacy & Disclosure Under FOIA

    Personal and contact information is not collected for commercial or 
marketing purposes. Information submitted throughout the Competition 
will be used only to communicate with Project Proponent Teams regarding 
entries and/or the Competition.
    Project Proponent Teams entries to the Competition may be subject 
to disclosure under the Freedom of Information Act (``FOIA''). If a 
Project Proponent Team believes that all or part of its Competition 
entry is protected from release under FOIA (e.g., if the information 
falls under FOIA exemption #4 for ``trade secrets and commercial or 
financial information obtained from a person [that is] privileged or 
confidential'') the Project Proponent Team will be responsible for 
clearly marking the page(s)/section(s) of information it believes are 
protected.

    Dated: October 3, 2014.
Doug O'Brien,
Acting Under Secretary, Rural Development.
[FR Doc. 2014-24198 Filed 10-9-14; 8:45 am]
BILLING CODE 3410-XY-P