Notice2022-16094
FY 2022 Competitive Funding Opportunity: All Stations Accessibility Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 27, 2022
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) announces the opportunity to apply for approximately $343 million in competitive grants under the fiscal year (FY) 2022 All Stations Accessibility Program (ASAP).
Full Text
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<title>Federal Register, Volume 87 Issue 143 (Wednesday, July 27, 2022)</title>
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[Federal Register Volume 87, Number 143 (Wednesday, July 27, 2022)]
[Notices]
[Pages 45147-45153]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16094]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2022 Competitive Funding Opportunity: All Stations
Accessibility Program
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity (NOFO).
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SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for approximately $343 million in competitive
grants under the fiscal year (FY) 2022 All Stations Accessibility
Program (ASAP).
DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time on September
30, 2022. Prospective applicants should initiate the process by
registering on the GRANTS.GOV website promptly to ensure completion of
the application process before the submission deadline. Instructions
for applying can be found on FTA's website at <a href="http://www.transit.dot.gov/howtoapply">http://www.transit.dot.gov/howtoapply</a> and in the ``FIND'' module of
GRANTS.GOV. The funding opportunity ID is FTA-2022-009-TPM-ASAP.
FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, please contact the All Stations Accessibility Program
Manager, Kevin Osborn, via email at <a href="/cdn-cgi/l/email-protection#cf84aab9a6a1e180bcada0bda18faba0bbe1a8a0b9"><span class="__cf_email__" data-cfemail="e1aa8497888fcfae92838e938fa1858e95cf868e97">[email protected]</span></a>, or call 202-
366-7519.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
Division J of the Bipartisan Infrastructure Law (enacted as the
Infrastructure Investment and Jobs Act, Pub. L. 117-58) authorizes FTA
to award grants for public transportation rail station accessibility
projects, for ``legacy'' stations, through a competitive process, as
described in this notice. Legacy stations for purposes of this NOFO are
defined as public transportation stations already constructed or where
construction began prior to January 25, 1992, or for commuter rail
stations already constructed or where construction began prior to
October 7, 1991, that were not identified as key stations and remain
not accessible to or usable by persons with disabilities, including
wheelchair users. ASAP provides funding to States (including
territories and Washington, DC) and local governmental authorities to
help finance capital projects to upgrade the accessibility of legacy
rail fixed guideway public transportation systems (e.g., subway,
commuter rail, light rail) for persons with disabilities, including
those who use wheelchairs, by increasing the number of existing
stations or facilities, such as outdoor light-rail boarding and
alighting areas, that are fully accessible. For purposes of this NOFO,
``fully accessible'' means all of the passenger-use publicly accessible
areas in the station(s) or facilities for passenger use meet or exceed
the standards for new construction under Title II of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) as incorporated into
Appendix A of 49 CFR part 37. Grants under this program are for (1)
capital projects to repair, improve, modify, retrofit, or relocate
infrastructure of stations or facilities for passenger use, including
load-bearing members that are an essential part of the structural
frame; or (2) for planning projects to develop or modify a plan for
pursuing public transportation accessibility projects, assessments of
accessibility, or assessments of planned modifications to stations or
facilities for passenger use.
This funding opportunity can be found under Federal Assistance
Listing 20.533.
This program supports FTA's priorities and objectives through
investments that (1) renew our transit systems, (2) advance racial
equity, (3) maintain and create good-paying jobs with a free and fair
choice to join a union, (4) remove barriers to transit access for
underserved communities, and (5) connect communities. This program will
be implemented, as appropriate and consistent with law, in alignment
with the priorities in Executive Order 14052, Implementation of the
Infrastructure Investment and Jobs Act (86 FR 64355). In addition, this
NOFO will advance the goals of the President's January 20, 2021,
Executive Order 13985, Advancing Racial Equity and Support for
Underserved
[[Page 45148]]
Communities Through the Federal Government (86 FR 7009).
B. Federal Award Information
The Bipartisan Infrastructure Law appropriated $350,000,000 for FY
2022 grants. Additional funds made available prior to project selection
may be allocated to eligible projects. After the administrative
oversight and Office of Inspector General takedown of $7,000,000, FTA
is announcing the availability of $343,000,000 for ASAP through this
notice. FTA may cap the amount a single recipient or State may receive
as part of the selection process.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date FY 2022 project selections are announced
on FTA's website. Funds are available for obligation for three fiscal
years after the fiscal year in which the competitive awards are
announced. Funds are available only for eligible costs incurred after
the date project selections are announced. FTA intends to fund as many
meritorious projects as possible.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants for ASAP include designated recipients that
operate or allocate funds to inaccessible pre-ADA--or ``legacy''--rail
fixed guideway public transportation systems, and States (including
territories and Washington, DC) and local governmental entities that
operate or financially support legacy rail fixed guideway public
transportation systems and corresponding legacy stations/facilities.
The law limits ASAP to legacy rail fixed guideway public transportation
systems with stations or facilities for passenger use that are not
already accessible to and usable by persons with disabilities,
including wheelchair users. To be considered eligible, applicants must
be able to demonstrate the requisite legal, financial, and technical
capabilities to receive and administer Federal funds under this
program. Assistance on this requirement is available from FTA's
Regional Offices.
2. Cost Sharing or Matching
The maximum Federal share as identified in the law for an eligible
project shall not exceed 80 percent of the net project cost.
Eligible sources of match include the following: state or local
government revenues, cash from non-Government sources other than
revenues from providing public transportation services; revenues
derived from the sale of advertising and concessions; amounts received
under a service agreement with a State or local social service agency
or private social service organization; revenues generated from value
capture financing mechanisms; funds from an undistributed cash surplus;
replacement or depreciation cash fund or reserve; new capital; or in-
kind contributions. Transportation development credits or in-kind match
may be used for local match if identified and documented in the
application.
3. Eligible Projects
Eligible projects under ASAP include (1) capital projects to
repair, improve, modify, retrofit, or relocate infrastructure of
stations or facilities for passenger use, including load-bearing
members that are an essential part of the structural frame; or (2) for
planning projects to develop or modify a plan for pursuing public
transportation accessibility projects, assessments of accessibility, or
assessments of planned modifications to stations or facilities for
passenger use projects; or programs of projects in an eligible area.
Capital projects are limited to those that, upon completion, will meet
or exceed the standards for new construction under Title II of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), as
incorporated into Appendix A of 49 CFR part 37. Eligible costs are
limited to project costs associated with the accessibility
improvements.
Neither a capital grant nor a planning grant awarded under this
program may be used to upgrade a station or facility for passenger use
that is already accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, consistent
with the construction standards under Title II of the Americans with
Disabilities Act of 1990 (ADA) (42 U.S.C. 12131 et seq.) in place at
the time the station or passenger facility was originally constructed
or upgraded. Only legacy stations or passenger facilities that existed
prior to the ADA and were not made accessible in the intervening time
are therefore eligible.
Any project of station upgrades or passenger facility that does not
result in full accessibility consistent with Title II of the ADA as
incorporated by appendix A of 49 CFR part 37 and usability by persons
with disabilities, including wheelchair users, is not eligible under
this program. Projects for maintenance or repair activities for
elements of existing accessible stations or passenger facilities that
are otherwise subject to the ongoing maintenance requirements under 49
CFR 37.161(a) are not eligible under this program. Maintenance and
repair activities for stations altered under this program are subject
to the same ongoing maintenance provision, and are similarly
ineligible.
D. Application and Submission Information
1. Address To Request Application Package
Application materials may be accessed on <a href="http://grants.gov">grants.gov</a>. Applications
must be submitted electronically through GRANTS.GOV. General
information for accessing and submitting applications through
GRANTS.GOV can be found at <a href="http://www.fta.dot.gov/howtoapply">www.fta.dot.gov/howtoapply</a> along with
specific instructions for the forms and attachments required for
submission. A complete proposal submission for each program consists of
two forms: the SF-424 Application for Federal Assistance (available at
GRANTS.GOV) and the supplemental form for the FY 2022 All Stations
Accessibility Program (downloaded from GRANTS.GOV or the FTA website at
<a href="https://www.transit.dot.gov/notices-funding/fiscal-year-2022-all-stations-accessibility-program-notice-funding-opportunity">https://www.transit.dot.gov/notices-funding/fiscal-year-2022-all-stations-accessibility-program-notice-funding-opportunity</a>. Please note
that if an applicant is applying for both a planning and construction
project they must submit two different applications via GRANTS.GOV.
Failure to submit the information as requested can delay review or
disqualify the application.
2. Content and Form of Application Submission
a. Proposal Submission
A complete proposal submission for each program consists of two
forms: (1) the SF-424 Application for Federal Assistance; and (2) the
supplemental form for the FY 2022 All Stations Accessibility Program.
The supplemental form and any supporting documents must be attached to
the ``Attachments'' section of the SF-424. The application must include
responses to all sections of the SF-424 Application for Federal
Assistance and the supplemental form, unless indicated as optional. The
information on the supplemental form will be used to determine
applicant and project eligibility for the program, and to evaluate the
proposal against the selection criteria described in part E of this
notice.
FTA will accept only one supplemental form per SF-424 submission.
FTA encourages States and other applicants to consider submitting a
single supplemental form that includes multiple activities to be
evaluated as a consolidated proposal. If
[[Page 45149]]
a State or other applicant chooses to submit separate proposals for
individual consideration by FTA, each proposal must be submitted using
a separate SF-424 and supplemental form. Applicants applying for both a
planning and a construction project must submit two separate
applications, one for each type of project.
Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to letters of support,
project budgets, accessibility information, or excerpts from relevant
planning documents. Any supporting documentation must be described and
referenced by file name in the appropriate response section of the
supplemental form, or it may not be reviewed.
Information such as applicant name, Federal amount requested, local
match amount, description of areas served, etc. may be requested in
varying degrees of detail on both the SF-424 and supplemental form.
Applicants must fill in all fields unless stated otherwise on the
forms. If information is copied into the supplemental form from another
source, applicants should verify that pasted text is fully captured on
the supplemental form and has not been truncated by the character
limits built into the form. Applicants should use both the ``Check
Package for Errors'' and the ``Validate Form'' validation buttons on
both forms to check all required fields on the forms, and ensure that
the Federal and local amounts specified are consistent. Applicants
should enter their information in the supplemental form (fillable PDF)
that is made available on FTA's website or through the GRANTS.GOV
application package, and should attach this to the application in its
original format. Applicants should not use scanned versions of the
form, ``print'' the form to PDF, convert or create a version using
another text editor, etc.
b. Application Content
The SF-424 Application for Federal Assistance and the supplemental
form will prompt applicants for the required information, including:
i. Applicant name
ii. Unique Entity Identifier
iii. Key contact information (including contact name, address, email
address, and phone)
iv. Congressional district(s) where project will take place
v. Project information (including title, an executive summary, and
type)
vi. A detailed description of the need for the project
vii. A detailed description on how the project will support the
Program's objectives
viii. Evidence that the project is consistent with local and
regional planning documents
ix. Evidence that the applicant can provide the local cost share
x. A description of the technical, legal, and financial capacity of
the applicant
xi. A detailed project budget
xii. An explanation of the scalability of the project
xiii. Details on the local matching funds
xiv. A detailed project timeline
xv. A system map and listing of accessible vs inaccessible stations,
and which station(s) they are proposing to upgrade.
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant is required to: (1) be registered in SAM before
submitting an application; (2) provide a valid unique entity identifier
in its application; 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 FTA. These requirements do not apply if the applicant
has an exemption approved by FTA pursuant to 2 CFR 25.110(c) or is
otherwise excepted from registration requirements. FTA may not make an
award until the applicant has complied with all applicable unique
entity identifier and SAM requirements. If an applicant has not fully
complied with the requirements by the time FTA is ready to make an
award, FTA may determine that the applicant is not qualified to receive
an award and use that determination as a basis for making a Federal
award to another applicant.
All applicants must provide a unique entity identifier provided by
SAM. Registration in SAM may take as little as 3-5 business days, but
since there could be unexpected steps or delays (for example, if there
is a need to obtain an Employer Identification Number), FTA recommends
allowing ample time, up to several weeks, for completion of all steps.
For additional information on obtaining a unique entity identifier,
please visit <a href="https://www.sam.gov">https://www.sam.gov</a>.
4. Submission Dates and Times
Project proposals must be submitted electronically through
GRANTS.GOV by 11:59 p.m. Eastern time on September 30, 2022. GRANTS.GOV
attaches a time stamp to each application at the time of submission.
Proposals submitted after the deadline will only be considered under
extraordinary circumstances for reasons not under the applicant's
control. Mail and fax submissions will not be accepted.
Within 48 hours after submitting an electronic application, the
applicant should receive an email message from GRANTS.GOV with
confirmation of successful transmission to GRANTS.GOV. If a notice of
failed validation or incomplete materials is received, the applicant
must address the reason for the failed validation, as described in the
email notice, and resubmit before the submission deadline. If making a
resubmission for any reason, include all original attachments
regardless of which attachments were updated and check the box on the
supplemental form indicating this is a resubmission.
FTA urges applicants to submit applications at least 72 hours prior
to the due date to allow time to receive the validation messages and to
correct any problems that may have caused a rejection notification.
GRANTS.GOV scheduled maintenance and outage times are announced on the
GRANTS.GOV website. Deadlines will not be extended due to scheduled
website maintenance.
Applicants are encouraged to begin the process of registration on
the GRANTS.GOV site well in advance of the submission deadline.
Registration is a multi-step process, which may take several weeks to
complete before an application can be submitted. Registered applicants
may still be required to take steps to keep their registrations up to
date before submissions can be made successfully. For example,
registration in SAM is renewed annually, and persons making submissions
on behalf of the Authorized Organization Representative (AOR) must be
authorized in GRANTS.GOV by the AOR to make submissions.
5. Funding Restrictions
Funds under this NOFO cannot be used to reimburse applicants for
otherwise eligible expenses incurred prior to FTA award of a grant
agreement until FTA has issued pre-award authority for selected
projects. FTA expects to issue pre-award authority to incur costs for
selected projects beginning on the date that project selections are
announced. FTA does not provide pre-award authority for competitive
funds until projects are selected, and even then, there are Federal
requirements that must be met before costs are incurred. FTA will issue
specific guidance to awardees regarding pre-award authority at the time
of selection. For more information about FTA's policy on pre-award
authority, please see the most recent Apportionment Notice on FTA's
website. Refer to Section C.3., Eligible Projects, for information on
activities that are allowable in this grant program. Allowable direct
and indirect expenses
[[Page 45150]]
must be consistent with the Government-wide Uniform Administrative
Requirements and Cost Principles (2 CFR part 200) and FTA Circular
5010.1E. Funds may not be used to support or oppose union organizing.
6. Other Submission Requirements
All applications must be submitted via the GRANTS.GOV website. FTA
does not accept applications on paper, by fax machine, email, or other
means. For information on application submission requirements, please
see Section D.1. of this notice, Address to Request Application.
E. Application Review Information
1. Criteria
Projects will be evaluated primarily on the responses provided in
the supplemental form. Additional information may be provided to
support the responses; however, any additional documentation must be
directly referenced on the supplemental form, including the file name
where the additional information can be found. FTA will evaluate
proposals based on the criteria described in this notice.
Applicants are encouraged to identify scaled funding options in
case insufficient funding is available to fund a project at the full
requested amount. If an applicant indicates that a project is scalable,
the applicant must provide an appropriate minimum funding amount that
will fund an eligible project that achieves the objectives of the
program and meets all relevant program requirements. Proposed scalable
projects must still result in a station or passenger facility with full
accessibility to and usability by persons with disabilities, including
wheelchair users. The applicant must provide a clear explanation of how
the project budget would be affected by a reduced award. FTA may award
a lesser amount regardless of whether a scalable option is provided.
a. Demonstration of Need
For Station or Passenger Facility Accessibility Improvement Projects
Applicants should explain the need for the project, including
supporting information that describes the lack of accessibility at, the
condition, of and age of the stations or passenger facilities for
passenger use to be made fully accessible. Applicants are encouraged to
include a detailed project description and scope that explains how the
proposed project will make all of the passenger-use publicly accessible
areas in the station(s) or facilities for passenger use fully
accessible in accordance with title II of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), as incorporated
into Appendix A of 49 CFR part 37. Applicants should demonstrate that
this is a legacy rail station that was not already required to be made
fully accessible in accordance with the ADA.
Applicants should provide information explaining whether the
project (1) addresses an overall lack of accessible stations in a
particular geographic area; (2) is at a major interchange point with
other transportation modes; (3) serves major activity or cultural
centers, such as employment or government centers, sports or
entertainment venues, centers of economic activity or commerce,
cultural or community centers, institutions of higher education,
hospitals or other major health care facilities, or other facilities
that are major trip generators; (4) is a transfer station(s) on a rail
line, between rail lines, or is an end of the line station; (5) is a
station or passenger facility where passenger boardings exceed average
station or facility passenger boardings on the rail system and/or (6)
is able to demonstrate reductions in ADA paratransit reliance through
paratransit origin-to-destination pairs analysis.
For Planning Projects
Applicants should demonstrate that the proposed planning project
will develop or modify a plan for pursuing public transportation
accessibility projects, assessments of accessibility, or assessments of
planned modifications to stations or facilities for passenger use.
Applicants are encouraged to reference how the project supports local
and regional prioritization of increased accessibility at their
existing legacy rail fixed guideway public transportation stations or
passenger facilities.
b. Demonstration of Benefits
For Station or Passenger Facility Accessibility Improvement Projects
Applicants should specifically detail how the project will increase
the accessibility of legacy rail fixed guideway public transportation
systems for persons with disabilities, including those who use
wheelchairs, by increasing the number of existing stations or passenger
facilities for passenger use that meet or exceed the standards for new
construction under Title II of the Americans with Disabilities Act of
1990 (42 U.S.C. 12131 et seq.) as incorporated into Appendix A of 49
CFR part 37. See: <a href="https://www.access-board.gov/files/ada/ADAdotstandards.pdf">https://www.access-board.gov/files/ada/ADAdotstandards.pdf</a>. FTA will rate projects higher if they propose to
exceed the construction standards, by providing multiple paths of
travel for people with physical disabilities (including those who use
wheelchairs) or technologies to improve accessibility for people with
sensory or cognitive disabilities, as examples. The applicant should
describe how the proposed station, stations, or facilities for
passenger use were analyzed and selected to improve accessibility and
usability for passengers with disabilities within the system.
For Planning Projects
Applicants must detail how the resulting planning project will
advance accessibility for persons with disabilities, including
wheelchair users, and result in a future capital project that will make
a legacy station or facility fully accessible. Applicants should
address the timeline and steps remaining after the project would be
completed, before a construction project could commence to repair,
improve, modify, retrofit, or relocate infrastructure of stations or
facilities for passenger use.
c. Planning and Local or Regional Prioritization
Applicants must demonstrate how the proposed project is consistent
with local and regional long-range planning documents and local
government priorities. FTA will evaluate applications based on the
extent to which the project is consistent with the transit priorities
or illustrative projects identified in the metropolitan long-range plan
or the investment prioritization of the transit asset management plan.
Applicants may submit copies of the relevant pages of such plans to
support their application. FTA will also consider letters of support
from local and regional planning organizations, local government
officials, public agencies, non-profit or private sector organizations,
and other relevant stakeholders.
Applicants should also provide any information documenting outreach
to, engagement with, and support for the project among the surrounding
local disability community, such as centers for independent living, as
well as other communities likely to be affected by the project. This
should also include details on compliance with environmental justice
and civil rights requirements, such as access for persons with limited
English proficiency and for persons with disabilities. Applications
will be rated higher that demonstrate how the
[[Page 45151]]
passenger stations or facilities proposed for investment were selected
from a stakeholder engagement process with local disability community
members and organizations, including individuals with physical
disabilities (including those who use wheelchairs), sensory
disabilities, and intellectual or developmental disabilities. Letters
of support may be submitted with the application that demonstrate that
each station proposed for investment is supported by stakeholders in
the surrounding disability community.
d. Local Financial Commitment
Applicants must identify the source of the non-Federal cost share
and describe whether such funds are currently available for the project
or will need to be secured if the project is selected for funding. FTA
will consider the availability of the non-Federal cost share as
evidence of local financial commitment to the project. Applicants
should submit evidence of the availability of funds for the project,
for example, by including a board resolution, letter of support from
the State, a budget document highlighting the line item or section
committing funds to the proposed project, or other documentation of the
source of non-Federal funds.
e. Project Implementation Strategy
FTA will rate projects higher if grant funds can be obligated
within 12 months of selection and the project can be implemented within
a reasonable time frame. In assessing when funds can be obligated, FTA
will consider whether the project qualifies for a Categorical Exclusion
(CE), or whether the required environmental work has been initiated or
completed for a project that requires an Environmental Assessment (EA)
or Environmental Impact Statement (EIS) under the National
Environmental Policy Act of 1969 (NEPA). As such, applicants should
submit information describing the project's anticipated path and
timeline through the environmental review process for all proposals,
including whether the project qualifies for a CE. The proposal must
state when grant funds can be obligated and indicate the timeframe
under which the Metropolitan Transportation Improvement Program (TIP)
and Statewide Transportation Improvement Program (STIP) can be amended,
if necessary, to include the proposed project.
In assessing whether the proposed implementation plans are
reasonable and complete, FTA will review the proposed project
implementation plan, including all necessary project milestones and the
overall project timeline. For projects that will require formal
coordination, approvals, or permits from other agencies or project
partners, the applicant must demonstrate coordination with these
organizations and their support for the project, such as through
letters of support.
f. Technical, Legal, and Financial Capacity
Applicants must demonstrate that they have the technical, legal,
and financial capacity to undertake the project.
FTA will review relevant oversight assessments and records to
determine whether there are any outstanding legal, technical, or
financial issues with the applicant that would affect the outcome of
the proposed project. Applicants with outstanding legal, technical, or
financial compliance issues from an FTA compliance review or FTA grant-
related Single Audit finding must explain how corrective actions taken
will mitigate negative impacts on the proposed project.
2. Review and Selection Process
A technical evaluation committee will evaluate proposals based on
the published evaluation criteria. FTA may request additional
information from applicants, if necessary. Based on the review of the
technical evaluation committee, the FTA Administrator will determine
the final selection of projects for program funding. In determining the
allocation of program funds, FTA may consider geographic diversity,
diversity in the size of the transit systems receiving funding, and the
applicant's receipt of other competitive awards. FTA may also consider
capping the amount a single applicant may receive.
After applying the above criteria, and in support of Executive
Order 14052, Implementation of the Infrastructure Investment and Jobs
Act, FTA will give priority based on several considerations.
FTA will give priority consideration to applications that advance
racial equity in two areas: (1) planning and policies related to racial
equity and overcoming barriers to opportunity; and (2) project
investments that either proactively address racial equity and barriers
to opportunity, including automobile dependence as a form of barrier,
or redress prior inequities and barriers to opportunity. This objective
has the potential to enhance environmental stewardship and community
partnerships, and reflects Executive Order 13985, Advancing Racial
Equity and Support for Underserved Communities Through the Federal
Government. FTA encourages the applicant to include sufficient
information to evaluate how the applicant will advance racial equity
and address barriers to opportunity. The applicant should describe any
transportation plans or policies related to equity and barriers to
opportunity they are implementing or have implemented in relation to
the proposed project, along with the specific project investment
details necessary for FTA to evaluate if the investments are being made
either proactively to advance racial equity and address barriers to
opportunity or redress prior inequities and barriers to opportunity.
All project investment costs for the project that are related to racial
equity and barriers to opportunity should be summarized.
FTA will also give priority consideration to projects that create
good paying jobs with the free and fair choice to join a union and
these strong labor protections. Applicants for capital projects should
describe whether and how project delivery and implementation create
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 subcontractors); distribution of workplace rights
notices; the use of local and economic hiring provisions; registered
apprenticeships; or other similar standards or practices; or, for
capital projects over $35 million, the use of Project Labor Agreements.
Applicants should describe how planned methods of project delivery and
implementation (for example, use of Project Labor Agreements and/or
local and economic hiring provisions, and training and placement
programs for underrepresented workers) provides opportunities for all
workers, including workers with disabilities and other workers
underrepresented in construction jobs to be trained and placed in good-
paying jobs directly related to the project.
3. Integrity and Performance Review
Prior to making an award with a total amount of Federal share
greater than the simplified acquisition threshold (currently $250,000),
FTA is required to review and consider any information about the
applicant that is in the Federal Awardee Performance and Integrity
Information Systems (FAPIIS) accessible through SAM. An applicant may
review and comment on information about itself that a Federal awarding
agency previously entered. FTA will consider any comments by the
applicant, in addition to the other information in
[[Page 45152]]
FAPIIS, 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 2 CFR 200.206.
F. Federal Award Administration Information
1. Federal Award Notices
FTA will announce the final project selections on the FTA website.
Selectees should contact their FTA Regional Offices for additional
information regarding allocations for projects. At the time the project
selections are announced, FTA expects to extend pre-award authority for
the selected projects (see Section D.5 of this notice for more
information). There is no pre-award authority for these projects before
announcement.
2. Administrative and National Policy Requirements
a. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). Recipients of funding in urban areas
are subject to the grant requirements of the Urbanized Area Formula
Grants program (49 U.S.C. 5307), including those of FTA Circular
``Urbanized Area Formula Program: Program Guidance and Application
Instructions'' (FTA.C.9030.1E). Recipients of funding in rural areas
are subject to the grant requirements of the Formula Grants for Rural
Areas Program (49 U.S.C. 5311), including those of FTA Circular
``Formula Grants for Rural Areas: Program Guidance and Application
Instructions'' (FTA.C.9040.1G). All recipients must accept the FTA
Master Agreement and follow FTA Circular ``Award Management
Requirements'' (FTA.C.5010.1E) and the labor protections required by
Federal public transportation law (49 U.S.C. 5333(b)). Technical
assistance regarding these requirements is available from the relevant
FTA regional office.
By submitting a grant application, the applicant assures that it
will comply with all applicable Federal statutes, regulations,
Executive Orders, directives, FTA circulars and other Federal
administrative requirements in carrying out any project supported by
the FTA grant, including the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR
part 5, ``Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction''). Further, the applicant
acknowledges that it is under a continuing obligation to comply with
the terms and conditions of the grant agreement issued for its project
with FTA. The applicant 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 applicant
agrees that the most recent Federal requirements will apply to the
project, unless FTA issues a written determination otherwise. The
applicant must submit the Certifications and Assurances before
receiving a grant if it does not have current certifications on file.
As authorized by Section 25019 of the BIL, applicants are
encouraged to implement a local or other geographical or economic
hiring preference relating to the use of labor for construction of a
project funded by the grant, including pre-hire agreements, subject to
any applicable State and local laws, policies, and procedures.
b. Made in America
All capital procurements must comply with FTA's Buy America
requirements (49 U.S.C. 5323(j)), which require that all iron, steel,
and manufactured products be produced in the United States. In
addition, any award must comply with the Build America, Buy America Act
(BABA) (Pub. L. 117-58, sections 70901-52). BABA provides that none of
the funds provided under an award made pursuant to this notice may be
used for a project unless all iron, steel, manufactured products, and
construction materials are produced in the United States. FTA's Buy
America requirements are consistent with BABA requirements for iron,
steel, and manufactured products. DOT issued a temporary public
interest waiver for construction materials for a period of 180 days
beginning on May 14, 2022, and expiring on November 10, 2022. The
waiver can be found at <a href="https://www.transportation.gov/sites/dot.gov/files/2022-05/Temporary%20Waiver%20of%20Buy%20America%20Requirements%20for%20Construction%20Materials.pdf">https://www.transportation.gov/sites/dot.gov/files/2022-05/Temporary%20Waiver%20of%20Buy%20America%20Requirements%20for%20Construction%20Materials.pdf</a>.
Any proposal that will require a waiver of any domestic preference
standard must identify the items for which a waiver will be sought in
the application. Applicants should not proceed with the expectation
that waivers will be granted.
c. Civil Rights Requirements
Applications should demonstrate that the recipient has a plan for
compliance with civil rights obligations and nondiscrimination laws,
including Title VI of the Civil Rights Act of 1964, the Americans with
Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and
accompanying regulations. This should include a current Title VI
program plan and a completed Community Participation Plan
(alternatively called a Public Participation Plan and often part of the
overall Title VI program plan), if applicable. Applicants who have not
sufficiently demonstrated the conditions of compliance with civil
rights requirements will be required to do so before receiving funds.
Recipients of Federal transportation funding will be required to
comply fully with the DOT's regulations and guidance for the ADA and
all relevant civil rights requirements. The Department's and FTA's
Office of Civil Rights will work with awarded grant recipients to
ensure full compliance with Federal civil rights requirements.
d. Disadvantaged Business Enterprise
Recipients of planning or capital assistance that will award prime
contracts, the cumulative total of which exceeds $250,000 in FTA funds
in a Federal fiscal year, must comply with the Disadvantaged Business
Enterprise (DBE) program regulations (49 CFR part 26).
FTA will provide additional guidance as grants are awarded. For
more information on DBE requirements, please call Monica McCallum, FTA
Office of Civil Rights, at 206-220-7519, or email
<a href="/cdn-cgi/l/email-protection#d19cbebfb8b2b0ff9cb292b0bdbda4bc91b5bea5ffb6bea7"><span class="__cf_email__" data-cfemail="f6bb99989f9597d8bb95b5979a9a839bb6929982d8919980">[email protected]</span></a>.
e. Planning
FTA encourages applicants to notify the appropriate State
departments of transportation and Metropolitan Planning Organizations
(MPOs) in areas likely to be served by the project funds made available
under this program. Selected projects must be incorporated into the
long-range plans and transportation improvement programs of States and
metropolitan areas before they are eligible for FTA funding.
3. Reporting
Post-award reporting requirements include the electronic submission
of Federal Financial Reports and Milestone Progress Reports in FTA's
electronic grants management system. Recipients of funds made available
through this NOFO are also required to regularly submit data to the
National Transit Database. Recipients should include any goals,
targets, and indicators referenced in their applications in the
Executive Summary of the TrAMS application.
[[Page 45153]]
FTA is committed to making evidence-based decisions guided by the
best available science and data. In accordance with the Foundations for
Evidence-based Policymaking Act of 2018 (Evidence Act), FTA may use
information submitted in discretionary funding applications;
information in FTA's Transit Award Management System (TrAMS), including
grant applications, Milestone Progress Reports (MPRs), Federal
Financial Reports (FFRs); transit service, ridership and operational
data submitted in FTA's National Transit Database; documentation and
results of FTA oversight reviews, including triennial and state
management reviews; and other publicly available sources of data to
build evidence to support policy, budget, operational, regulatory, and
management processes and decisions affecting FTA's grant programs.
As part of completing the annual certifications and assurances
required of FTA grant recipients, a successful applicant must report on
the suspension or debarment status of itself and its principals. If the
award recipient's active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of
an award made pursuant to this notice, the recipient must comply with
the Recipient Integrity and Performance Matters reporting requirements
described in Appendix XII to 2 CFR part 200.
G. Federal Awarding Agency Contacts
For further information concerning this notice, please contact the
ASAP Program Manager, Kevin Osborn via email at <a href="/cdn-cgi/l/email-protection#115a7467787f3f5e62737e637f51757e653f767e67"><span class="__cf_email__" data-cfemail="0a416f7c6364244579686578644a6e657e246d657c">[email protected]</span></a>,
or by phone at 202-366-7519. A TDD is available for individuals who are
deaf or hard of hearing at 800-877-8339. In addition, FTA will post
answers to questions and requests for clarifications on FTA's ASAP
homepage at: <a href="https://www.transit.dot.gov/grants/all-stations-accessibility-program">https://www.transit.dot.gov/grants/all-stations-accessibility-program</a>. To ensure applicants receive accurate
information about eligibility or the program, applicants are encouraged
to contact FTA with questions directly, rather than through
intermediaries or third parties.
For technical issues with GRANTS.GOV, please contact GRANTS.GOV by
phone at 1-800-518-4726 or by email at <a href="/cdn-cgi/l/email-protection#3c4f494c4c534e487c005d1c544e595a01" http: grants.gov">grants.gov</a>">support@<a href="http://grants.gov">grants.gov</a></a>. Contact
information for FTA's regional offices can be found on FTA's website at
<a href="https://www.transit.dot.gov/about/regional-offices/regional-offices">https://www.transit.dot.gov/about/regional-offices/regional-offices</a>.
H. Other Information
User-friendly information and resources regarding DOT's
discretionary grant programs relevant to rural applicants can be found
on the Rural Opportunities to Use Transportation for Economic Success
(ROUTES) website at <a href="https://www.transportation.gov/rural">https://www.transportation.gov/rural</a>.
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.''
Nuria I. Fernandez,
Administrator.
[FR Doc. 2022-16094 Filed 7-26-22; 8:45 am]
BILLING CODE 4910-57-P
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</html>Indexed from Federal Register on July 27, 2022.
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.