[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,
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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