Notice of Funding Opportunity
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Abstract
The Department of Transportation (DOT), Federal Aviation Administration (FAA), announces the opportunity to apply for $20 million in FY 2022 Airport Infrastructure Grant funds for the newly established FAA Contract Tower (FCT) Competitive Grant Program, made available under the Infrastructure Investment and Jobs Act of 2021 (IIJA), herein referred to as the Bipartisan Infrastructure Law (BIL). The purpose of the FCT Competitive Grant Program is to make annual grants available to eligible airports for airport-owned airport traffic control tower (ATCT) projects that address the aging infrastructure of the nation's airports. In addition, FCT Competitive Grant Program will align with DOT's Strategic Framework FY2022-2026 at www.transportation.gov/ administrations/office-policy/fy2022-2026-strategic-framework. The FY 2022 FCT Competitive Grant Program will be implemented, as appropriate and consistent with law, in alignment with the priorities in the Executive Order, Implementation of the Infrastructure Investments and Jobs Act, which are to invest efficiently and equitably, promote the competitiveness of the U.S. economy, improve job opportunities by focusing on high labor standards, strengthen infrastructure resilience to all hazards, including climate change, and to effectively coordinate with State, local, Tribal, and territorial government partners.
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<title>Federal Register, Volume 87 Issue 76 (Wednesday, April 20, 2022)</title>
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[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Notices]
[Pages 23687-23690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08421]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket #FAA-2022-0410]
Notice of Funding Opportunity
AGENCY: Federal Aviation Administration (FAA), Transportation (DOT).
ACTION: Notice of funding opportunity.
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SUMMARY: The Department of Transportation (DOT), Federal Aviation
Administration (FAA), announces the opportunity to apply for $20
million in FY 2022 Airport Infrastructure Grant funds for the newly
established FAA Contract Tower (FCT) Competitive Grant Program, made
available under the Infrastructure Investment and Jobs Act of 2021
(IIJA), herein referred to as the Bipartisan Infrastructure Law (BIL).
The purpose of the FCT Competitive Grant Program is to make annual
grants available to eligible airports for airport-owned airport traffic
control tower (ATCT) projects that address the aging infrastructure of
the nation's airports.
In addition, FCT Competitive Grant Program will align with DOT's
Strategic Framework FY2022-2026 at <a href="http://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework">www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework</a>. The FY
2022 FCT Competitive Grant Program will be implemented, as appropriate
and consistent with law, in alignment with the priorities in the
Executive Order, Implementation of the Infrastructure Investments and
Jobs Act, which are to invest efficiently and equitably, promote the
competitiveness of the U.S. economy, improve job opportunities by
focusing on high labor standards, strengthen infrastructure resilience
to all hazards, including climate change, and to effectively coordinate
with State, local, Tribal, and territorial government partners.
DATES: Airport sponsors that wish to be considered for FY 2022 FCT
Competitive Grant Program funding should submit an application that
meets the requirements of this NOFO as soon as possible, but no later
than 5:00 p.m. Eastern time, May 16, 2022. Submit applications
electronically at <a href="https://www.faa.gov/bil/airport-infrastructure/fct">https://www.faa.gov/bil/airport-infrastructure/fct</a>
per instructions in this NOFO.
FOR FURTHER INFORMATION CONTACT: Robin K. Hunt, BIL Implementation
Team, FAA Office of Airports, at (202) 267-3263 or our FAA BIL email
address: <a href="/cdn-cgi/l/email-protection#fcc5d1bdaeacd1beb5b0bd958e8c938e888fbc9a9d9dd29b938a"><span class="__cf_email__" data-cfemail="d5ecf8948785f8979c9994bca7a5baa7a1a695b3b4b4fbb2baa3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 23688]]
A. Program Description
BIL established the FCT Competitive Grant Program, which provides
$20 million in grant funding annually for five years (Fiscal Years
2022-2026) to sustain, construct, repair, improve, rehabilitate,
modernize, replace, or relocated nonapproach control towers; acquire
and install air traffic control, communications, and related equipment
to be used in those towers; and construct a remote tower certified by
the FAA including acquisition and installation of air traffic control,
communications, or related equipment. This program also supports the
President's goals to mobilize American ingenuity to build modern
infrastructure and an equitable, clean energy future. In support of
Executive Order 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government (86 FR 7009),
the FAA encourages applicants to consider how the project will address
the challenges faced by individuals in underserved communities and
rural areas.
The FCT Competitive Grant Program falls under the project grant
authority for the Airport Improvement Program (AIP) in 49 United States
Code (U.S.C.) Sec. 47104. Per 2 Code of Federal Regulations (CFR) Part
200--Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards the AIP Federal Assistance Listings
Number is 20.106, with the objective to assist eligible airports in the
development and improvement of a nationwide system that adequately
meets the needs of civil aeronautics. The FY 2022 FCT Competitive Grant
Program will be implemented, as appropriate and consistent with BIL, in
alignment with the priorities in Executive Order 14052, Implementation
of the Infrastructure Investments and Jobs Act (86 FR 64355), which are
to invest efficiently and equitably, promote the competitiveness of the
U.S. economy, improve opportunities for good-paying jobs with the free
and fair choice to join a union by focusing on high labor standards,
strengthen infrastructure resilience to all hazards, including climate
change, and to effectively coordinate with State, local, Tribal, and
territorial government partners.
Consistent with statutory criteria and Executive Order 14008,
Tackling the Climate Crisis at Home and Abroad (86 FR 7619), the FAA
also seeks to fund projects under the FCT Competitive Grant Program
that reduce greenhouse gas emissions and are designed with specific
elements to address climate change impacts. Specifically, the FAA is
looking to award projects that align with the President's greenhouse
gas reduction goals, promote energy efficiency, support fiscally
responsible land use and transportation efficient design, support
development compatible with the use of sustainable aviation fuels and
technologies, increase climate resilience, incorporate sustainable
pavement and construction materials as allowable, and reduce pollution.
B. Federal Award Information
The FCT Competitive Grant Program is a $100 million grant program,
distributed as $20 million annually for five years (Fiscal Years 2022,
2023, 2024, 2025, and 2026). The FAA will consider projects at airport-
owned Airport Traffic Control Tower (ATCT) that sustain, construct,
repair, improve, rehabilitate, modernize, replace, or relocated
nonapproach control towers; acquire and install air traffic control,
communications, and related equipment to be used in those towers; or
construct a remote tower certified by the FAA including acquisition and
installation of air traffic control, communications, or related
equipment. To date, the FAA has no certified Remote Towers. The FAA is
currently evaluating this technology to assess its suitability for use
in the National Airspace System (NAS). In addition, these projects will
also be evaluated based on overall impact on the NAS including age of
facility, operational constraints, nonstandard facilities, or new FCT
entrant requirements. This also includes applicable Executive Orders as
listed in Section E.2.
The FAA will publish a NOFO annually to announce additional funding
made available, $20 million per year, for Fiscal Years 2023-2026.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants are those airport sponsors approved in the
FAA's contract tower program or contract tower cost share program as
defined in 49 U.S.C. 47124, and normally eligible for Airport
Improvement Program (AIP) discretionary grants as defined in 49 U.S.C.
47115. This includes a public agency, private entity, and State agency,
Indian Tribe or Pueblo owning a public-use National Plan of Integrated
Airport System (NPIAS) airport, the Secretary of the Interior for
Midway Island Airport, the Republic of the Marshall Islands, Federated
States of Micronesia, and Republic of Palau.
2. Cost Sharing or Matching
The Federal cost share of the FCT Competitive Grant Program is 100
percent for all airports eligible to receive grants.
3. Project Eligibility
All projects funded from the FCT Competitive Grant Program must be:
i. Airport-owned ATCT projects that sustain, construct, repair,
improve, rehabilitate, modernize, replace, or relocated nonapproach
control towers;
ii. Projects that acquire and install air traffic control,
communications, and related equipment to be used in those towers; or
iii. Projects to construct a remote tower \1\ certified by the FAA
including acquisition and installation of air traffic control,
communications, or related equipment.
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\1\ To date, the FAA has no certified Remote Towers. The FAA is
currently evaluating this technology to assess its suitability for
use in the National Airspace System (NAS). Remote Tower information
is located at <a href="http://www.faa.gov/airports/planning_capacity/non_federal/remote_tower_systems/">www.faa.gov/airports/planning_capacity/non_federal/remote_tower_systems/</a>.
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D. Application and Submission Information
1. Address To Request Application Package
An application for FCT Competitive Grant Program projects, FAA Form
5100-144, Bipartisan Infrastructure Law, Airport Terminal and Tower
Project Information, can be found at: <a href="https://www.faa.gov/bil/airport-infrastructure/fct">https://www.faa.gov/bil/airport-infrastructure/fct</a>.
Direct all inquiries regarding applications to the appropriate
Regional Office (RO) or Airports District Office (ADO) (RO/ADO contact
information is available at <a href="https://www.faa.gov/about/office_org/headquarters_offices/arp/offices/regional_offices">https://www.faa.gov/about/office_org/headquarters_offices/arp/offices/regional_offices</a>) or to the BIL Team
at: <a href="/cdn-cgi/l/email-protection#e2dbcfa3b0b2cfa0abaea38b90928d909691a2848383cc858d94"><span class="__cf_email__" data-cfemail="e9d0c4a8bbb9c4aba0a5a8809b99869b9d9aa98f8888c78e869f">[email protected]</span></a>.
2. Content and Form of Application Submission
Applicants will be required to submit information contained in FAA
Form 5100-144, Bipartisan Infrastructure Law, Airport Terminal and
Tower Project Information. This form is provided to assist airports in
completing the submission requirements established in this NOFO.
Application instructions and the form can be found at: <a href="https://www.faa.gov/bil/airport-infrastructure/fct">https://www.faa.gov/bil/airport-infrastructure/fct</a>.
All applications must be submitted electronically following the
instruction on the form. Once the form is complete, save a copy of the
form electronically to your files for future reference. Next,
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scroll to the bottom of the form and press the ``submit'' button. The
form will be automatically emailed to the FAA BIL Team for review and
evaluation, or as a backup, email the form manually to: <a href="/cdn-cgi/l/email-protection#10293d5142403d52595c517962607f626463507671713e777f66"><span class="__cf_email__" data-cfemail="d5ecf8948785f8979c9994bca7a5baa7a1a695b3b4b4fbb2baa3">[email protected]</span></a>.
Applicants selected to receive an FCT Competitive Grant Program
grant will then be required to follow AIP grant application procedures
prior to award, which include meeting all prerequisites for funding,
and submission of Standard Form SF-424, Application for Federal
Assistance, and FAA Form 5100-100, Application for Development
Projects.
Airports covered under the FAA's State Block Grant Program or
airports in a channeling act state should coordinate with their
associated state agency on the process for who should submit an
application, via the procedures noted above.
3. Unique Entity Identifier and System for Award Management (SAM)
Applicants must comply with 2 CFR part 25--Universal Identifier and
System for Award Management. All applicants must have a unique entity
identifier provided by SAM. Additional information about obtaining a
Unique Entity Identifier (UEI) and registration procedures may be found
at the SAM website (currently at <a href="http://www.sam.gov">http://www.sam.gov</a>). Each applicant is
required to: (1) Be registered in SAM; (2) provide a valid UEI prior to
grant award; and (3) continue to maintain an active SAM registration
with current information at all times during which the applicant has an
active Federal award or an application or plan under consideration by
the FAA. Under the FCT Competitive Grant Program, the UEI and SAM
account must belong to the entity that has the legal authority to apply
for, receive, and execute grants.
Once awarded, the FAA grant recipient must maintain the currency of
its information in SAM until the grantee submits the final financial
report required under the grant or receives the final payment,
whichever is later. A grant recipient must review and update the
information at least annually after the initial registration and more
frequently if required by changes in information or another award term.
The FAA may not make an award until the applicant has complied with
all applicable UEI and SAM requirements. If an applicant has not fully
complied with the requirements by the time the FAA is ready to make an
award, the FAA may determine that the applicant is not qualified to
receive an award and use that determination as a basis for giving a
Federal award to another applicant.
Non-Federal entities that have received a Federal award are
required to report certain civil, criminal, or administrative
proceedings to SAM (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS) <a href="http://www.fapiis.gov">www.fapiis.gov</a>) to ensure
registration information is current and complies with Federal
requirements. Applicants should refer to 2 CFR 200.113 for more
information about this requirement.
4. Submission Dates and Times
Airports that wish to be considered for FY 2022 FCT Competitive
Grant Program funding should submit an application that meets the
requirements of this NOFO as soon as possible, but no later than 5:00
p.m. Eastern time on May 16, 2022. Submit applications electronically
at <a href="https://www.faa.gov/bil/airport-infrastructure/fct">https://www.faa.gov/bil/airport-infrastructure/fct</a> per instructions
in this NOFO. Airports that submitted projects under the FY 2022
Airport Terminal Program NOFO (87 FR 10890), that meet the eligibility
requirements outlined in C.1., do not need to resubmit under this NOFO.
5. Funding Restrictions
All projects funded from the FCT Competitive Grant Program must be
at airports approved in the FAA's contract tower program or contract
tower cost share program defined in 49 U.S.C. 47124.
FCT Competitive Grant Program funds may not be used to support or
oppose union organizing.
E. Application Review Information
1. Criteria
Applications for FY 2022 FCT Competitive Grant Program will be
rated using the following criteria:
i. Must meet eligibility requirements under the FCT Competitive
Grant Program outlined under Sections C.1 and C.3 above.
ii. Timeliness of implementation, with priority given to those
projects that can satisfy all statutory and administrative requirements
for grant award in FY 2022 or early FY2023.
iii. ATCT projects will be evaluated based on overall impact on the
NAS including age of facility, operational constraints, nonstandard
facilities conditions, or new FCT entrant requirements.
iv. Priority will be given to projects that advance aviation safety
or enhance air traffic efficiency.
v. The applicant should describe whether and how project delivery
and implementation creates good-paying jobs with the free and fair
choice to join a union to the greatest extent possible, the use of
demonstrated strong labor standards, practices and policies (including
for direct employees, contractors, and sub-contractors); use of project
labor agreements; distribution of workplace rights notices; the use of
Local Hire Provisions; \2\ registered apprenticeships; or other similar
standards or practices. The applicant should describe how planned
methods of project delivery and implementation (for example, use of
Project Labor Agreements and/or Local Hire Provisions,\3\ training and
placement for underrepresented workers) provide opportunities for all
workers, including workers underrepresented in construction jobs, to be
trained and placed in good-paying jobs directly related to the project.
FAA will consider this information in evaluating the application.
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\2\ IIJA div. B Section 25019 provides authority to use
geographical and economic hiring preferences, including local hire,
for construction jobs, subject to any applicable State and local
laws, policies, and procedures.
\3\ Project labor agreement should be consistent with the
definition and standards outlined in Executive Order 14063.
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2. Review and Selection Process
Applications will be evaluated based on the information submitted
related to the above criteria in E.1 to ensure responsiveness to this
NOFO and the intent of the FCT Competitive Grant Program. Federal
awarding agency personnel will evaluate applications based on how well
the projects meet the criteria in E.1, including project eligibility,
justification, and readiness. The FAA will also consider projects that
advance the goals of the following Executive Orders: The President's
January 20, 2021, Executive Order 13990, ``Protecting Public Health and
the Environment and Restoring Science to Tackle the Climate Crisis'';
the President's January 20, 2021, Executive Order 13985, ``Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government''; the President's January 27, 2021, Executive Order
14008, ``Tackling the Climate Crisis at Home and Abroad''; and the
President's July 9, 2021, Executive Order 14036, ``Promoting
Competition in the American Economy.''
3. Integrity and Performance Check
Prior to making a Federal award with a total amount of Federal
share greater than the simplified acquisition threshold, FAA is
required to review
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and consider any information about the applicant that is in the
designated integrity and performance system accessible through SAM
(currently FAPIIS) (see 41 U.S.C. 2313). An applicant, at its option,
may review information in the designated integrity and performance
systems accessible through SAM and comment on any information about
itself that a Federal awarding agency previously entered. FAA will
consider any comments by the applicant, in addition to the other
information in the designated integrity and performance system, in
making a judgment about the applicant's integrity, business ethics, and
record of performance under Federal awards when completing the review
of risk posed by applicants as described in Sec. 200.206.
F. Federal Award Administration Information
1. Federal Award Notices
BIL awards are announced through a Congressional notification
process and a DOT Secretary's Notice of Intent to Fund. The FAA RO/ADO
representative will contact the airport with further information and
instructions. Once all pre-grant actions are complete, the FAA RO/ADO
will offer the airport sponsor a grant for the announced project. This
offer may be provided through postal mail or by electronic means. Once
this offer is signed by the airport sponsor, it becomes a grant
agreement. Awards made under this program are subject to conditions and
assurances in the grant agreement.
2. Administrative and National Policy Requirements
i. Pre-Award Authority
Costs incurred after the enactment of BIL, November 15, 2021, are
eligible for reimbursement under the FCT Competitive Grant Program.
ii. Grant Requirements
All grant recipients are subject to the grant requirements of the
AIP, found in 49 U.S.C. Chapter 471. Grant recipients are subject to
requirements in the FAA's AIP Grant Agreement for financial assistance
awards; the annual certifications and assurances required of
applicants; and any additional applicable statutory or regulatory
requirements, including nondiscrimination requirements and 2 CFR part
200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. Grant requirements include, but are
not limited to: Approved projects on an airport layout plan; compliance
with Federal civil rights laws; Buy American requirements under 49
U.S.C. 50101; Build America, Buy America requirements in sections
70912(6) and 70914 in Public Law No: 117-58, the Infrastructure
Investment and Jobs Act; the Department of Transportation's
Disadvantaged Business Enterprise (DBE) Program regulations for
airports (49 CFR part 23 and 49 CFR part 26); and prevailing wage rate
requirements under the Davis-Bacon Act, as amended (40 U.S.C. 276a-
276a-5, and reenacted at 40 U.S.C. 3141-3144, 3146, and 3147).
iii. Standard Assurances
Each grant recipient must assure that it will comply with all
applicable Federal statutes, regulations, executive orders, directives,
FAA circulars, and other Federal administrative requirements in
carrying out any project supported by the grant. The grant recipient
must acknowledge that it is under a continuing obligation to comply
with the terms and conditions of the grant agreement issued for its
project with the FAA. The grant recipient understands that federal
laws, regulations, policies, and administrative practices might be
modified from time to time and may affect the implementation of the
project. The grant recipient must agree that the most recent Federal
requirements will apply to the project unless the FAA issues a written
determination otherwise.
The grant recipient must submit the certifications at the time of
grant application and assurances must be accepted as part of the grant
agreement at the time of accepting a grant offer. Grant recipients must
also comply with 2 CFR part 200, which is cited in the grant assurances
of the grant agreements. The airport sponsor assurances are available
on the FAA website at: <a href="https://www.faa.gov/airports/aip/grant_assurances">https://www.faa.gov/airports/aip/grant_assurances</a>.
3. Reporting
Grant recipients are subject to financial reporting per 2 CFR
200.328 and performance reporting per 2 CFR 200.329. Under the FCT
Competitive Grant Program, the grant recipient is required to comply
with all Federal financial reporting requirements and payment
requirements, including the submittal of timely and accurate reports.
Financial and performance reporting requirements are available in the
FAA October 2020 Financial Reporting Policy, which is available at:
<a href="https://www.faa.gov/airports/aip/grant_payments/media/aip-grant-payment-policy.pdf">https://www.faa.gov/airports/aip/grant_payments/media/aip-grant-payment-policy.pdf</a>.
The grant recipient must comply with annual audit reporting
requirements. The grant recipient and sub-recipients, if applicable,
must comply with 2 CFR part 200 subpart F Audit Reporting Requirements.
The grant recipient must comply with any requirements outlined in 2 CFR
part 180, Office of Management and Budget (OMB) Guidelines to Agencies
on Government wide Debarment and Suspension.
G. Federal Awarding Agency Contact(s)
For further information concerning this notice, please contact the
FAA BIL Implementation Team via email at: <a href="/cdn-cgi/l/email-protection#3b02167a696b167972777a52494b54494f487b5d5a5a155c544d"><span class="__cf_email__" data-cfemail="4c75610d1e1c610e05000d253e3c233e383f0c2a2d2d622b233a">[email protected]</span></a>. In
addition, FAA will post answers to frequently asked questions and
requests for clarifications on FAA's website at <a href="https://www.faa.gov/bil">https://www.faa.gov/bil</a>. To ensure applicants receive accurate information about
eligibility of the program, the applicant is encouraged to contact FAA
directly, rather than through intermediaries or third parties, with
questions.
All applicants should have a plan to address potential cost
overruns as part of an overall funding plan.
Issued in Washington, DC, on April 15, 2022.
Robin K. Hunt,
Manager, FAA Office of Airports BIL Implementation Team.
[FR Doc. 2022-08421 Filed 4-19-22; 8:45 am]
BILLING CODE 4910-13-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.