schools. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(20 U.S.C. 881(f).)

(c) "State" means in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (20 U.S.C. 881(j).)

§ 193.3 Award procedures.

Awards under this part shall be in the form of competitive contracts and shall be governed by the applicable provisions of Federal and Department procurement regulations contained in 41 CFR Chapters 1 and 3.

§§ 193.4-193.10 [Reserved]

Subpart B-Developer-Demonstrator Projects

§ 193.11 Eligibility for awards.

(a) A proposal for a Developer-Demonstrator project may be submitted by any public or private agency, organization, group, or individual that has developed, with Federal support, an exemplary educational program, product, or practice which has been previously approved for dissemination by the Joint Dissemination Review Panel (JDRP).

(b) If the agency which developed the program approved by the JDRP does not apply for a Developer-Demonstrator Project, another agency, organization, group or individual may apply for a Developer-Demonstrator Project award for the JDRP approved program, if the program continues to be operated at the original site and is available for potential adopter visitation and observation, and if the staff which will perform the project activities is composed substantially of staff members who originally developed and operated the project.

§ 193.12 Project activities.

A Developer-Demonstrator Project contract will be awarded for the pur

pose of carrying out the following activities:

(a) Disseminating information on a nationwide basis, in conjunction with recipients of Facilitator Awards under Subpart C, about the exemplary educational program previously approved by the JDRP;

(b) Developing materials about the approved program to be used by recipients of Facilitator contracts under Subpart C, and local educational agencies, and schools before a local educational agency or school decides to adopt the approved program;

(c) Refining, producing, and packaging instructional, management, and training materials related to the approved program for use with local educational agencies and schools after they have decided to adopt the program;

(d) Providing training and technical assistance to local educational agencies and schools which decide to adopt the approved program in planning for, initiating, and carrying out the program;

(e) Participating in workshops and meetings arranged for by the Commissioner to share information among Network contractors and provide technical assistance to them; and

(f) Evaluating the effectiveness of the diffusion and adoption process including evaluating the data received from the adopter on the effectiveness of program installation.

(20 U.S.C. 1231a; Pub. L. 94-439 (1976); H.R. Rep. No. 1129 at 67 (1976).)

§ 193.13 Proposal requirements.

A proposal for a Developer-Demonstrator Contract award under this subpart must meet the following requirements, in addition to such other requirements as may be set forth in applicable contract documents. The proposal must:

(a) Identify and describe the specific program, product, or practice to be disseminated and document that the program, product, or practice was developed with Federal support and has been approved for dissemination by the Joint Dissemination Review Panel; (b) Provide for the carrying out of all of the project activities described in § 193.12 and describe the strategies to

be used in carrying out these activities;

(c) Set forth a management and an evaluation plan for the project;

(d) Document that the program, product, or practice remains in current use at the site at which it was developed and explain the manner and nature of the current use;

(e) Provide for quarterly reports of such data as is required to measure progress during the project, and a final report due ninety days after the completion of the project, including in the final report recommendations for improving future activities.

(f) Document, if the offeror is other than the original developer of the JDRP approved program, that the program will continue to operate at the original site and be available for visitation by potential adopters and that staff members who originally developed and operated the JDRP approved program will provide training and technical assistance to potential adopters and will participate in other program activities.

§ 193.14 Funding criteria.

In evaluating proposals for Developer-Demonstrator Projects, the Commissioner will apply the following criteria:

(a) High quality. (17 points). The extent the proposed project is designed to achieve high quality (beyond meeting minimum requirements) with respect to each of the project activities described in § 193.12;

(b) Management. (13 points). The quality of the management and evaluation plans described in the proposal;

(c) Access to developer site. (9 points). The extent the proposal provides for access of potential adopters who may wish to visit the ongoing project at the original site and, at the option of the contract recipient, at any additional adopter site in which the program meets the basic specifications of the program at the original site;

(d) Personnel. (20 points). Adequacy of educational background and experience of proposed staff members to perform the requirements specified in the RFP including items such as: educational training, experience in the development and operation of a JDRP

approved program, and related education and experience in dissemination and staff training.

(e) Facilities and resources. (9 points). Adequacy of facilities and other resources;

(f) Innovative strategies. (9 points). The extent the proposal provides for innovative dissemination strategies which may be worthy of replication by other Network projects; and

(g) Cost effectiveness. (9 points). The cost effectiveness of the project with respect to the number of States, schools, and students to be served.

§ 193.15 Allowable costs.

Allowable costs under awards pursuant to this part will be determined in accordance with the cost principles described in 41 CFR Parts 1-15, and may include the costs of employing a small staff to carry out the activities described in § 193.12.

§§ 193.16-193.20 [Reserved]

Subpart C-Facilitator Projects

§ 193.21 Eligibility for awards.

A proposal for a Facilitator Project may be submitted by a public or private agency, organization, group or individual located in the State or region to be served.

§ 193.22 Project activities.

A Facilitator Project contract will be awarded for carrying out the following activities directed to local educational agencies and schools in the State or combination of adjoining States to be served under the project:

(a) Informing local educational agencies and schools about exemplary programs in the National Diffusion Network (i.e., those programs which have been approved for diffusion by the Education Division's Joint Dissemination Review Panel);

(b) Assisting local educational agencies and schools in determining the appropriateness of National Diffusion Network programs for their schools in terms of their assessed needs;

(c) Arranging for potential adopters to visit Demonstrator sites when appropriate;

(d) Arranging for Developer-Demonstrators to train staff members in public and private schools which want to install one or more of the Network programs;

(e) Coordinating the provision of the services described in paragraphs (a) through (d) of this section to local agencies and schools on the most costeffective basis;

(f) Participating in workshops and meetings arranged for by the Commissioner to share information among Network contractors and provide technical assistance to them; and

(g) Providing technical assistance to adopters after programs have been installed.

§ 193.23 Proposal requirements.

A proposal for a Facilitator contract under this subpart must meet the following requirements, in addition to such other requirements as may be set forth in the applicable request for proposal. The proposal must:

(a) Identify the State, region within a State, or combination of adjacent States to be served under the project (The area to be served as a result of any contract will be negotiated after the technical evaluation.);

(b) Provide for the carrying out of all of the project activities described in § 193.22 and describe the strategies to be used in carrying out these activities;

(c) Document, by attaching to the proposal a letter from each Chief State School Officer or through other appropriate documentation, that the Chief State School Officer for each State to be served by the project has been consulted in the development of the proposal;

(d) Set forth a management and an evaluation design for the project;

(e) Provide for quarterly reports on such data as are required to measure progress during the project, and a final report ninety days after the completion of the project, including in the final report recommendations for improving future activities.

§ 193.24 Funding criteria.

(a) Awards will cover as many States as possible with consideration given to the number of children within the

State, and the quality and nature of services to be provided as evaluated based upon criteria in this section.

(b) In evaluating proposals for Facilitator Projects, the Commissioner will apply the following criteria:

(1) High quality. (17 points). The extent the proposed project is designed to achieve high quality (beyond meeting minimum requirements) with respect to each of the project activities described in § 193.22;

(2) Management and evaluation. (13 points). The quality of the management and evaluation plans described by the proposal;

(3) Personnel. (20 points). Adequacy of educational background and experience of proposed staff members to perform the requirements specified in the RFP including: education and experience in educational administration and management, dissemination and diffusion, and related experience as change agents or linkers.

(4) Facilities and resources. (9 points). Adequacy of facilities and other resources;

(5) Innovation. (9 points). The extent the proposal provides for innovative dissemination strategies which may be worthy of replication by other Facilitator projects;

(6) Consultation during proposal development. (12 points). The extent the offeror has, in the development of the proposal, consulted with State and local educational agencies, private elementary and secondary schools, and other educational resources in the State or States to be served by the project;

(7) Consultation during project operation. (12 points). The extent the proposal provides for consultation by the contractor, in the carrying out of the project, with State and local educational agencies, private elementary and secondary schools, and other educational resources in the State or States to be served by the project.

(8) Cost effectiveness. (9 points). Cost effectiveness of the project with respect to the number of schools, programs, and students to be served.

§ 193.25 Allowable costs.

Allowable costs under awards pursuant to this part will be determined in

(c) Applications will be evaluated on the basis of the criteria set forth in § 194.8.

(20 U.S.C. 1134a)

§ 194.6 Authorized activities.

Funds are to be used solely for the purposes stated in § 194.3. In meeting these purposes the funds may be used for the following activities:

(a) Faculty improvement;

(b) The expansion of graduate and professional programs of study;

(c) The acquisition of appropriate instructional equipment and materials;

(d) Cooperative arrangements among graduate and professional schools;

(e) The strengthening of graduate and professional school administration;

(f) The development of proposed graduate professional programs; and (g) Needed innovation in graduate and professional programs.

(20 U.S.C. 1134(b))

§ 194.7 Grant limitations.

Funds provided under this part shall not be used for:

(a) Payment in excess of 66% percent of the total cost of the project or activity described in the institution's application;

(b) Payment in excess of 50 percent of the cost of the purchase or rental of books, audiovisual aids, scientific apparatus, or other materials or equipment, less any percent of that cost, as determined by the Commissioner, which is paid from sums received (other than under this part) as Federal financial assistance;

(c) Sectarian instruction or religious worship, or primarily in connection with any part of the program of a school or department of divinity;

(d) Construction or renovation of buildings; or

(e) Fellowship assistance for students.

(20 U.S.C. 1134b (a), (c))

§ 194.8 Criteria for evaluating applications and considerations for awarding grants to institutions of higher education. The Commissioner shall take into account the following considerations when evaluating applications for institutional grants. These criteria replace the general criteria for direct project grant and contract programs contained in 45 CFR 100a.26(b).

(a) The extent to which the institution requests funding of activities which received assistance under this part during the preceding fiscal year but have not been completed, provided there has been substantial progress in meeting the original goals;

(b) The extent to which funding the application will assist in attaining a wider distribution throughout the United States of high quality public service education programs;

(c) The extent to which the proposed project ranks high on the criteria set forth below, with the maximum point score for each criterion as shown:

(1) It is likely to result in establishing, strengthening or improving a program which prepares graduate and professional students for public service; (20 points)

(2) The educational and other related experiences of the personnel conducting the activity or activities qualify them to plan or participate in the project, and the director is given clear responsibility, ample time, and sufficient authority; (15 points)

(3) It is related to, or is part of, an academic program which prepares persons for leadership and management positions in local and State governments and non-profit community service agencies, and for positions in program administration involving intergovernmental relations; (10 points)

(4) It is especially imaginative and innovative; (10 points)

(5) The budget is realistic in relation to its successful implementation; (10 points)

(6) It is consistent with State and regional priorities; (10 points)

(7) Procedures are planned to measure its effectiveness; (5 points) and,

(8) The overall academic program of public service education is strong enough to assure the success of the