[Federal Register Volume 74, Number 103 (Monday, June 1, 2009)]
[Notices]
[Pages 26209-26213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12667]
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DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
[Docket Number: 090306283-9284-01]
Recovery Act Measurement Science and Engineering Research Grants
Program
AGENCY: National Institute of Standards and Technology, Commerce.
ACTION: Notice.
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SUMMARY: The National Institute of Standards and Technology (NIST) is
establishing a financial assistance program to award research grants
and cooperative agreements to support measurement science and
engineering research proposals in the following six focus areas:
Energy; environment and climate change; information technology/
cybersecurity; biosciences/healthcare; manufacturing; and physical
infrastructure, as part of NIST's activities implementing the American
Recovery and Reinvestment Act of 2009 (ARRA or Recovery Act).
DATES: All proposals must be received no later than 3 p.m. Eastern
Daylight Saving Time on Monday, July 13, 2009. Late proposals will not
be reviewed or considered.
ADDRESSES: Proposals may be submitted in hard copy or in electronic
format. Hard copy proposals may be submitted to Dr. Jason Boehm,
National Institute of Standards and Technology, 100 Bureau Drive, Stop
1060, Gaithersburg, MD 20899-1060. Electronic proposals may be uploaded
to http://www.Grants.gov.
FOR FURTHER INFORMATION CONTACT: For complete information about this
program and instructions for applying by paper or electronically, read
the Federal Funding Opportunity Notice (FFO) at http://www.grants.gov.
A paper copy of the FFO may be obtained by calling (301) 975-5718.
Technical questions should be addressed to Dr. Jason Boehm at the
address listed in the Addresses section above, or at Tel: (301) 975-
4455; E-mail: jason.boehm@nist.gov; Fax: (301) 216-0529. Grants
Administration questions should be addressed to Grants and Agreements
Management Division, National Institute of Standards and Technology,
100 Bureau Drive, Stop 1650, Gaithersburg, MD 20899-1650; Tel: (301)
975-5718; E-mail: grants@nist.gov; Fax: (301) 840-5976. For assistance
with using Grants.gov contact support@grants.gov.
SUPPLEMENTARY INFORMATION:
Authority: 15 U.S.C. Sec. 272(b) and (c); Pub. L. 111-5, 123
Stat. 115.
Catalog of Federal Domestic Assistance Name and Number: Measurement
and Engineering Research and Standards--11.609
Program Description: In response to the American Reinvestment and
Recovery Act (Pub. L. 111-5, 123 Stat. 115), the National Institute of
Standards and Technology (NIST) will provide grants and cooperative
agreements for measurement science and engineering research in the
following six focus areas of critical national importance: Energy;
environment and climate change; information technology/cybersecurity;
biosciences/healthcare; manufacturing;
[[Page 26210]]
and physical infrastructure, with priority funding in areas of special
interest to NIST. Please see the FFO for detailed information on each
area of critical national importance. The program is intended to
advance the state of knowledge and practice in these areas of critical
national importance, in support of NIST's mission to promote U.S.
innovation and industrial competitiveness by advancing measurement
science, standards, and technology in ways that enhance economic
security and improve our quality of life. The program will advance
purposes established in Section 3 of the Recovery Act by creating jobs,
promoting economic recovery, providing investments needed to increase
economic efficiency by spurring technological advances in science and
health, making investments in research areas such as environmental
protection and infrastructure that will provide long-term economic
benefits, and will help stabilize state and local government budgets,
in order to minimize and avoid reductions in essential services and
counterproductive state and local tax increases.
Competitive proposals will also result in achieving commencement of
expenditures and activities as quickly as possible consistent with
prudent management. Applicants may propose projects that include
collaboration between scientific staff and NIST to help advance these
program objectives. Please see information below regarding
collaborations with NIST employees.
Program Priorities: Proposals submitted to the Recovery Act
Measurement Science and Engineering Research Grants Program must
address one of the areas of critical national importance described in
the FFO. Applicants should clearly note which program area (e.g.,
energy) the proposal is addressing. Proposals that address the sub-
topics listed in the FFO will receive high priority for consideration
of funding. Applicants whose proposal addresses a sub-topic listed in
the FFO should also clearly note which sub-topic the proposal
addresses.
Funding Availability: NIST plans to award up to $35 million in
grants and cooperative agreements (20-60 awards expected), as
appropriate to support measurement science and engineering research in
areas of critical national importance. Where cooperative agreements are
used, the nature of NIST's ``substantial involvement'' will generally
be collaboration with the recipient by working jointly with a recipient
scientist in carrying out the scope of work, or specifying direction or
redirection of the scope of work due to inter-relationships with other
projects requiring such cooperation.
Proposals for research or other activity under this notice should
have a duration lasting between one and three years. All projects
approved by NIST, including multiple-year projects, will be fully
funded at the time of award. Award terms will describe how recipients
with satisfactory performance will draw down funds as needed from a
Department of Treasury account.
Individual awards are expected to range between $500,000 and
$1,500,000. Projects are expected to start by September of 2009.
Cost Share Requirements: None.
Eligibility: This program is open to U.S. institutions of higher
education; U.S. non-profit organizations; U.S. commercial
organizations; and state, local, and Indian tribal governments.
Evaluation Criteria: The evaluation criteria the technical
reviewers will use in evaluating the proposals are as follows:
1. Technical merit of the proposal. Reviewers will consider the
applicant's approach and the extent to which the proposal effectively
addresses scientific and technical issues necessary to achieve success.
2. Qualifications of Technical Personnel. Reviewers will consider
the ability of the proposed personnel to perform the proposed work as
measured by evidence of skills, training and past professional
accomplishments.
3. Relevance to NIST Programs. Reviewers will consider the degree
to which the proposed work addresses topics of national importance as
identified in the solicitation as well as the relevance of the work to
advancements in measurement science and engineering of interest to
current and future NIST programs.
4. Potential Impact of Proposal. Reviewers will consider the
potential technical effectiveness of the proposal, the value it would
contribute to the field of research, and its potential to enhance U.S.
economic security and quality of life.
Each of these factors will be given equal weight in the evaluation
process.
Selection Factors: The Selecting Official anticipates recommending
proposals for funding in rank order unless a proposal is justified to
be awarded out of rank order based on one or more of the following
selection factors:
a. Availability of Federal funds,
b. Redundancy,
c. Balance/distribution of funds by research areas described in the
Funding Opportunity Description section of the FFO,
d. Relevance to objectives of Recovery Act and alignment with
subtopics described in the Funding Opportunity Description section of
the FFO.
Therefore, the highest scoring proposals may not necessarily be
selected for an award. If an award is made to an applicant that
deviates from the scores of the reviewers, the Selecting Official shall
justify the selection in writing based on selection factors described
above.
Review and Selection Process: An initial administrative review of
timely submitted proposals will be conducted to determine compliance
with requirements and completeness of the proposal. Responsive and
complete proposals will be considered further. Proposals that are
nonresponsive and/or incomplete will be eliminated. Applicants will be
notified if their proposal will not receive merit review. Each
responsive and complete proposal will receive three independent
technical reviews, which will include three individual written
evaluations and scores, based on the evaluation criteria. The three
scores for each proposal will be averaged. No consensus advice will be
given by the technical reviewers. The individual proposal evaluations
and average scores of each proposal will be considered by an Evaluation
Board (a committee made up of seven (7) Federal employees: one chair
and one coordinator for each of the focus areas). This Board will rank
the proposals and make funding recommendations based on the selection
factors described above to a Selecting Official for further
consideration. In making final selections, the Selecting Official
(Chief Scientist, NIST) will select funding recipients based upon the
Evaluation Board's rank order of the proposals and the selection
factors. NIST reserves the right to negotiate the cost and scope of the
proposed work with the applicants that have been selected to receive
awards. Applicants may be asked to modify work plans or budgets and
provide supplemental information required by the agency prior to final
approval of an award. NIST also reserves the right to reject a proposal
where information is uncovered that raises a reasonable doubt as to the
responsibility of the applicant. The final approval of selected
proposals and award of grants will be made by the NIST Grants Officer.
The award decision of the NIST Grants Officer is final.
The Department of Commerce Pre-Award Notification Requirements for
Grants and Cooperative Agreements:
[[Page 26211]]
The Department of Commerce Pre-Award Notification Requirements for
Grants and Cooperative Agreements, which are contained in the Federal
Register Notice of February 11, 2008 (73 FR 7696), are applicable to
this solicitation. On the form SF-424, the applicant's 9-digit Dun and
Bradstreet Data Universal Numbering System (DUNS) number must be
entered in item 8.c. Organizational DUNS. The DUNS number provided MUST
be the DUNS number for the entity within the applying institution that
will be responsible for drawing down funds from the Automated Standard
Application for Payment System (ASAP). Institutions that provide
incorrect DUNS numbers may experience significant delays in receiving
funds.
Collaborations with NIST Employees: All proposals should include a
description of any work proposed to be performed by an entity other
than the applicant, and the cost of such work should be included in the
budget.
If an applicant proposes collaboration with NIST, the statement of
work should include a statement of this intention, a description of the
collaboration, and prominently identify the NIST employee(s) involved,
if known. Any collaboration by a NIST employee must be approved by
appropriate NIST management and is at the sole discretion of NIST.
Prior to beginning the merit review process, NIST will verify the
approval of the proposed collaboration. Any unapproved collaboration
will be stricken from the proposal prior to the merit review.
Use of NIST Intellectual Property: If the applicant anticipates
using any NIST-owned intellectual property to carry out the work
proposed, the applicant should identify such intellectual property.
This information will be used to ensure that no NIST employee involved
in the development of the intellectual property will participate in the
review process for that competition. In addition, if the applicant
intends to use NIST-owned intellectual property, the applicant must
comply with all statutes and regulations governing the licensing of
Federal government patents and inventions, described at 35 U.S.C. 200-
212, 37 CFR Part 401, 15 CFR 14.36, and in Section B.21 of the
Department of Commerce Pre-Award Notification Requirements 73 FR 7696
(February 11, 2008). Questions about these requirements may be directed
to the Office of the Chief Counsel for NIST, 301-975-2803.
Any use of NIST-owned intellectual property by an applicant is at
the sole discretion of NIST and will be negotiated on a case-by-case
basis if a project is deemed meritorious. The applicant should indicate
within the statement of work whether it already has a license to use
such intellectual property or whether it intends to seek one.
If any inventions made in whole or in part by a NIST employee arise
in the course of an award made pursuant to this notice, the United
States government, acting through NIST, may retain its ownership rights
in any such inventions. Disposition of NIST's retained rights in such
inventions will be determined solely by NIST, and may include, but is
not limited to, the grant of a license(s) to parties other than the
applicant to practice such inventions, or placing NIST's retained
rights into the public domain.
Collaborations Making Use of Federal Facilities: All proposals
should include a description of any work proposed to be performed using
Federal facilities. If an applicant proposes use of NIST facilities,
the statement of work should include a statement of this intention and
a description of the facilities. Any use of NIST facilities must be
approved by appropriate NIST management and is at the sole discretion
of NIST. Prior to beginning the merit review process, NIST will verify
the availability of the facilities and approval of the proposed usage.
Any unapproved facility use will be stricken from the proposal prior to
the merit review. Examples of some facilities that may be available for
collaborations are listed on the NIST Technology Services Web site,
http://ts.nist.gov/.
Paperwork Reduction Act: The standard forms in the application kit
involve a collection of information subject to the Paperwork Reduction
Act. The use of Standard Forms 424, Application for Federal Assistance,
424A, Budget Information Non-Construction, 424B, Assurances Non-
Construction, SF-LLL, Certification Regarding Lobbying, and CD-346,
Disclosure of Lobbying Activities, has been approved by OMB under the
respective Control Numbers 0348-0043, 0348-0044, 0348-0040, 0348-0046,
and 0605-0001.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection subject to the requirements of
the Paperwork Reduction Act, unless that collection of information
displays a currently valid OMB Control Number.
Research Projects Involving Human Subjects, Human Tissue, Data or
Recordings Involving Human Subjects: Any proposal that includes
research involving human subjects, human tissue, data or recordings
involving human subjects must meet the requirements of the Common Rule
for the Protection of Human Subjects, codified for the Department of
Commerce at 15 CFR Part 27. In addition, any proposal that includes
research on these topics must be in compliance with any statutory
requirements imposed upon the Department of Health and Human Services
(DHHS) and other federal agencies regarding these topics, all
regulatory policies and guidance adopted by DHHS, the Food and Drug
Administration, and other Federal agencies on these topics, and all
Presidential statements of policy on these topics.
NIST will accept the submission of proposals containing research
activities involving human subjects. The human subjects research
activities in a proposal will require approval by Institutional Review
Boards (IRBs) possessing a current registration filed with DHHS and to
be performed by institutions possessing a current, valid Federal-wide
Assurance (FWA) from DHHS that is linked to the cognizant IRB. In
addition, NIST as an institution requires that IRB approval
documentation go through a NIST administrative review; therefore,
research activities involving human subjects are not authorized to
start within an award until approval for the activity is issued in
writing from the NIST Grants Officer. NIST will not issue a single
project assurance (SPA) for any IRB reviewing any human subjects
protocol proposed to NIST.
President Obama has issued Executive Order No. 13,505 (74 FR 10667,
March 9, 2009), revoking previous Executive Orders and Presidential
statements regarding the use of human embryonic stem cells in research.
NIST will follow any guidance issued by the National Institutes of
Health (NIH) pursuant to the Executive Order and will develop its own
procedures based on the NIH guidance before funding research using
human embryonic stem cells. NIST will follow any additional polices or
guidance issued by the current Administration on this topic.
Research Projects Involving Vertebrate Animals: Any proposal that
includes research involving vertebrate animals must be in compliance
with the National Research Council's ``Guide for the Care and Use of
Laboratory Animals,'' which can be obtained from National Academy
Press, 2101 Constitution Avenue, NW., Washington, DC 20055. In
addition, such proposals
[[Page 26212]]
must meet the requirements of the Animal Welfare Act (7 U.S.C. 2131 et
seq.), 9 CFR Parts 1, 2, and 3, and if appropriate, 21 CFR Part 58.
These regulations do not apply to proposed research using pre-existing
images of animals or to research plans that do not include live animals
that are being cared for, euthanized, or used by the project
participants to accomplish research goals, teaching, or testing. These
regulations also do not apply to obtaining animal materials from
commercial processors of animal products or to animal cell lines or
tissues from tissue banks.
Notification of Recovery Act Requirements: Recovery Act limitations
are applicable to the projects funded in this Notice. Recipients must
comply with the following three provisions of the Recovery Act, as
applicable, and any other terms required by the Act or that may be
added to the recipient's award pursuant to guidance implemented by the
Office of Management and Budget.
Buy American Act Provision: Unless waived by DoC, none of the funds
appropriated or otherwise made available by the Recovery Act may be
used for a project for the construction, alteration, maintenance, or
repair of a public building or public work unless all of the iron,
steel, and manufactured goods used in the project are produced in the
United States. This provision shall be applied in a manner consistent
with United States obligations under international agreements.
Davis-Bacon Act: Under Section 1606 of the Recovery Act, projects
using Recovery Act funds require the payment of not less than the
prevailing wages under the Davis-Bacon Act to ``all laborers and
mechanics employed by contractors and subcontractors on projects funded
directly by or assisted in whole or in part by and through the Federal
Government.''
False Claims Act: Each recipient or sub-recipient awarded funds
under the Recovery Act shall promptly refer to an appropriate inspector
general any credible evidence that a principal, employee, agent,
contractor, sub-grantee, subcontractor, or other person has submitted a
false claim under the False Claims Act or has committed a criminal or
civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct involving those funds.
Ensuring Responsible Spending of Recovery Act Funds. The agency
expects programs under this notice to be implemented in general
compliance with any guidance issued by the Office of Management and
Budget regarding the President's Memorandum for the Heads of Executive
Departments and Agencies of March 20, 2009, Ensuring Responsible
Spending of Recovery Act Funds, 74 FR 12531 (March 25, 2009).
Best Practices to Promote Equality of Opportunity. Pursuant to OMB
Guidance (see, ``Updated Implementing Guidance for the American
Recovery and Reinvestment Act of 2009,'' April 3, 2009) and consistent
with the Recovery Act and other applicable laws, DoC encourages
recipients to implement best practices to promote equality of
opportunity, to provide opportunities for small and disadvantaged
businesses, including veteran-owned small businesses and service
disabled veteran-owned small businesses, and to follow sound labor
practices.
Reporting Requirements: Reporting requirements are described in the
Department of Commerce Financial Assistance Standard Terms and
Conditions, dated March, 2008, found on the Internet at: http://oamweb.osec.doc.gov/docs/GRANTS/DOC%20STCsMAR08Rev.pdf. The references
in Sections A.01 and B.01 of the Department of Commerce Financial
Assistance Standard Terms and Conditions, dated March, 2008, to
``Financial Status Report (SF-269)'' and ``SF-269'' are hereby replaced
with ``Federal Financial Report (SF-425)'' and ``SF-425,''
respectively, as required by the Office of Management and Budget (OMB)
(73 FR 61175, October 15, 2008). As authorized under 15 CFR 14.52 and
24.41, the OMB-approved SF-425 shall be used in the place of the SF-269
and SF-272 under the uniform administrative requirements and elsewhere
under awards in this program where such forms are referenced.
In addition, as set out in Sec. 1512(c) of the Recovery Act, no
later than ten (10) days after the end of each calendar quarter, any
recipient that receives funds under the Recovery Act from NIST must
submit a report to NIST that contains:
a. The total amount of Recovery Act funds received from NIST;
b. The amount of Recovery Act funds received that were expended or
obligated to projects or activities;
c. A detailed list of all projects or activities for which Recovery
Act funds were expended or obligated; and
d. Detailed information on any subcontracts or subgrants awarded by
the recipient to include the data elements required to comply with the
Federal Funding Accountability and Transparency Act of 2006 (Pub. L.
109-282), allowing aggregate reporting on awards below $25,000 or to
individuals, as prescribed by the Director of the Office of Management
and Budget.
Recipients that must report information in accordance with
paragraph (d) above must register with the Central Contractor
Registration database (http://www.ccr.gov/) or complete other
registration requirements as determined by the Director of the Office
of Management and Budget. Section 1512(d) further requires that no
later than thirty (30) days after the end of each calendar quarter,
NIST must make the information in reports submitted under section
1512(c) of the Recovery Act as outlined above publicly available by
posting the information on a Web site. OMB Memo M-09-10, ``Initial
Implementing Guidance for the American Recovery and Reinvestment Act of
2009,'' which can be accessed at http://www.recovery.gov/, provides
information on requirements for Federal agencies under the Recovery
Act. Recipients must also comply with any additional guidance which may
be forthcoming related to responsibilities of recipients of grants and
cooperative agreements under the Recovery Act.
Funding Availability and Limitation of Liability: The funding
periods and funding amounts referenced in this notice and request for
proposals are subject to the availability of funds, as well as to
Department of Commerce and NIST priorities at the time of award. The
Department of Commerce and NIST will not be held responsible for
proposal preparation costs. Publication of this notice does not
obligate the Department of Commerce or NIST to award any specific grant
or cooperative agreement or to obligate all or any part of available
funds. No funding is anticipated at this time to provide further
support beyond the award period to any project that may receive funds
under this program.
Executive Order 12866: This funding notice was 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.
Executive Order 12372: Proposals under this program are not subject
to Executive Order 12372, ``Intergovernmental Review of Federal
Programs.''
Administrative Procedure Act/Regulatory Flexibility Act: Notice and
comment are not required under the Administrative Procedure Act (5
U.S.C. 553), or any other law, for rules relating to public property,
loans, grants, benefits or contracts (5 U.S.C. 553 (a)). Because notice
and comment are not required under 5 U.S.C. 553, or any
[[Page 26213]]
other law, for rules relating to public property, loans, grants,
benefits or contracts (5 U.S.C. 553(a)), a Regulatory Flexibility
Analysis is not required and has not been prepared for this notice, 5
U.S.C. 601 et seq.
Dated: May 26, 2009.
Patrick D. Gallagher,
Deputy Director.
[FR Doc. E9-12667 Filed 5-29-09; 8:45 am]
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