Notice2022-22122
FY 2022 and FY 2023 Competitive Funding Opportunity: Competitive Grants for Rail Vehicle Replacement 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
October 12, 2022
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) announces the opportunity to apply for $600 million in competitive grants under the fiscal year (FY) 2022 and FY 2023 Competitive Grants for Rail Vehicle Replacement Program. As required by Federal public transportation law, Competitive Grants for Rail Vehicle Replacement Program funds will be awarded competitively to assist in the funding of capital projects to replace rail rolling stock. FTA may award additional funding made available to the program prior to the announcement of project selections.
Full Text
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<title>Federal Register, Volume 87 Issue 196 (Wednesday, October 12, 2022)</title>
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[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Notices]
[Pages 61642-61648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22122]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2022 and FY 2023 Competitive Funding Opportunity: Competitive
Grants for Rail Vehicle Replacement Program
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of Funding Opportunity (NOFO).
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[[Page 61643]]
SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for $600 million in competitive grants under the
fiscal year (FY) 2022 and FY 2023 Competitive Grants for Rail Vehicle
Replacement Program. As required by Federal public transportation law,
Competitive Grants for Rail Vehicle Replacement Program funds will be
awarded competitively to assist in the funding of capital projects to
replace rail rolling stock. FTA may award additional funding made
available to the program prior to the announcement of project
selections.
DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time, January 5,
2023. Prospective applicants should initiate the process by promptly
registering on the GRANTS.GOV website to ensure completion of the
application process before the submission deadline. Instructions for
applying can be found on FTA's website at <a href="https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding">https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding</a> and in the ``FIND'' module
of GRANTS.GOV. The funding opportunity ID is FTA-2023-001-TPM-RAIL.
Mail and fax submissions will not be accepted.
FOR FURTHER INFORMATION CONTACT: Donna Iken, Competitive Grants for
Rail Vehicle Replacement Program Manager, FTA Office of Program
Management, 202-366-0876, or <a href="/cdn-cgi/l/email-protection#f0949f9e9e91de999b959eb0949f84de979f86"><span class="__cf_email__" data-cfemail="fe9a9190909fd097959b90be9a918ad0999188">[email protected]</span></a>.
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
Federal public transportation law (49 U.S.C. 5337(f)) authorizes
FTA to award grants for the replacement of rail rolling stock through a
competitive process, as described in this notice. The Competitive
Grants for Rail Vehicle Replacement Program provides funding to State
and local governmental authorities. The Federal Assistance Listing for
the program is 20.525.
FTA recognizes that passenger rail service provides critical and
cost-effective transportation links throughout the United States and
faces a critical backlog of state of good repair and safety
investments. This program supports FTA's priorities and objectives
through investments that: (1) renew our transit systems; (2) advance
racial equity; (3) connect communities; and (4) reduce greenhouse gas
emissions. 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 Communities Through the Federal
Government (86 FR 7009).
B. Federal Award Information
Federal public transportation law (49 U.S.C. 5338(a)(2)(L))
authorizes $300,000,000 in contract authority funds for each of FY 2022
and FY 2023 for competitive grants under the Competitive Grants for
Rail Vehicle Replacement Program.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date the FY 2022 and FY 2023 project
selections are announced on FTA's website. Funds are available for
obligation for three years after the fiscal year in which the awards
are announced. For multi-year grant agreements, subsequent obligations
must be made in the following year for a two-year agreement, and each
of the two consecutive fiscal years for a three-year agreement,
following the fiscal year from which the first obligation is made.
Funds are available only for projects that have not already incurred
costs prior to the announcement of project selections. Per Federal
public transportation law (49 U.S.C. 5337(f)(3)), FTA intends to fund
up to three new awards each fiscal year. This NOFO announces two fiscal
years of funding; as such, FTA may select up to six awards.
FTA may select projects to receive multi-year grant agreements. If
a project is selected to receive a multi-year grant agreement, that
agreement will establish the maximum amount of Federal financial
assistance for the project that may be provided in not more than three
consecutive fiscal years. A multi-year grant agreement will obligate an
amount of available budget authority and include a contingent
commitment to obligate an additional amount from future available
budget authority. The contingent commitment under a multi-year
agreement is not an obligation of the Federal Government.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants for the Competitive Grants for Rail Vehicle
Replacement Program are States and local governmental authorities.
2. Cost Sharing or Matching
Per 49 U.S.C. 5337(f)(5), the Competitive Grants for Rail Vehicle
Replacement funding may be up to 50 percent of the total eligible
project cost. Other Federal funding, including FTA funding, such as
State of Good Repair Program formula funding, may be applied for the
project up to a maximum 80 percent Federal share of eligible project
costs, per 49 U.S.C. 5337(f)(6). For example, a rail vehicle
replacement project with a total eligible cost of $100,000,000 may
receive up to $50,000,000 from this program. The remaining $50,000,000
could be provided from a combination of non-Federal and other Federal
funds, up to $30,000,000 of which could be other Federal funding. For a
$100,000,000 project, at least $20,000,000 (20%) must be non-Federal
funds.
Eligible sources of non-Federal matching funds include:
i. Cash from non-governmental sources other than revenues from
providing transit services (such as fare revenues);
ii. Non-farebox revenues from the operation of public
transportation service, such as the sale of advertising and concession
revenues;
iii. Monies received under a service agreement with a State or
local social service agency or private social service organization;
iv. Undistributed cash surpluses, replacement or depreciation cash
funds, reserves available in cash, or new capital;
v. In-kind contributions integral to the project;
vi. Revenue bond proceeds for a capital project, with prior FTA
approval; and
vii. Transportation Development Credits (formerly referred to as
Toll Revenue Credits).
3. Eligible Projects
The focus of the grant program is to modernize America's transit
system, focusing on maintaining a State of Good Repair for fixed-
guideway rail transit. Under the Competitive Grants for Rail Vehicle
Replacement Program (49 U.S.C. 5337(f)), eligible projects are the
replacement of rail rolling stock. For the purposes of this program,
rail rolling stock is defined as revenue service, passenger carrying
vehicles, or propulsion (locomotives) vehicles necessary for the
provision of rail public transportation. Replacement is defined as the
number of vehicles required to replace the number of vehicles to be
[[Page 61644]]
removed from service that are substantially the same type. If changing
vehicle type (e.g., a commuter rail switching from single level to
double-decker cars), the eligible project is the number of cars
necessary to carry an equivalent number of passengers as the
substantially same type of replacement would. These rail vehicles can
include, but are not limited to, commuter rail, heavy rail, and light
rail vehicles. Up to 0.5 percent of the Federal request may be used to
pay for project-related workforce development activities, as long as
the Federal share under this program of those workforce development
activities is not more than 80 percent. Up to 0.5 percent of the
Federal request may be used to pay for project related training from
the National Transit Institute (NTI), as long as the Federal share
under this program for the related training from NTI is not more than
80 percent. Applicants must identify the proposed use of funds for
these activities in the project proposal and identify them separately
in the project budget. Vehicles that do not operate on rails, including
rubber tire support vehicles, as well as maintenance and other non-
revenue vehicles that do operate on rails, are not eligible under this
program. Fleet expansion projects are also not eligible under this
program. If a procurement includes both expansion and replacement
vehicles, only the cost of the replacement vehicles may be included in
the total eligible project cost under this program.
As required by Federal public transportation law (49 U.S.C.
5337(f)(4)), FTA will consider the size of the rail system of the
applicant, the amount of funds available to the applicant from this
program, the age and condition of the rail rolling stock of the
applicant that has exceeded or will exceed the useful service life in
the five-year period following a grant award, and whether the applicant
has identified replacement of the rail vehicles as a priority in the
investment prioritization portion of the transit asset management plan
of the recipient pursuant to part 625 of title 49 of the Code of
Federal Regulations. Evaluation criteria are described in detail in
Section E of this notice.
D. Application and Submission Information
1. Address To Request Application Package
Applications may be accessed, and 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. Mail or fax submissions will not
be accepted. The required SF-424 Application for Federal Assistance can
be downloaded from GRANTS.GOV, and the required supplemental form can
be downloaded from GRANTS.GOV or the FTA website at: <a href="https://www.transit.dot.gov/notices-funding/fiscal-year-2022-and-fiscal-year-2023-competitive-grants-rail-vehicle-replacement">https://www.transit.dot.gov/notices-funding/fiscal-year-2022-and-fiscal-year-2023-competitive-grants-rail-vehicle-replacement</a>.
2. Content and Form of Application Submission
a. Proposal Submission
A complete proposal submission consists of two forms: (1) the SF-
424 Application for Federal Assistance; and (2) the supplemental form.
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 designated 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. Failure to submit the information as requested can delay review
or disqualify the application.
FTA will accept only one supplemental form per SF-424 submission.
FTA encourages applicants to consider submitting a single supplemental
form that includes multiple activities as one project to be evaluated
as a consolidated proposal. If an 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 may attach additional supporting information to the SF-
424 submission, including but not limited to documentation supporting
the applicant's eligibility for the grant programs, letters of support,
project budgets, fleet status reports, or excerpts from relevant
planning documents. Supporting documentation should 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, and description of areas served may be requested in
varying degrees of detail on both the SF-424 and supplemental form.
Applicants must fill in all fields unless otherwise stated on the
forms. Applicants should not place N/A or ``refer to attachment'' in
lieu of typing in responses in the field sections. 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.
b. Application Content
The SF-424 Application for Federal Assistance and the supplemental
form will prompt applicants for the required information:
a. Applicant name
b. Unique entity identifier (generated by SAM.GOV)
c. Key contact information (including contact name, address, email
address, and phone)
d. Congressional district(s) in which project is located
e. Project information (including title, executive summary, and type)
f. A detailed description of the need for the project
g. A detailed description of how the project will support the program
objectives
h. Evidence that the project is consistent with local and regional
planning objectives
i. Evidence that the applicant can provide the non-Federal cost share
j. A description of the technical, legal, and financial capacity of the
applicant
k. A detailed project budget
l. An explanation of the scalability of the project
m. Details on the non-Federal matching funds
n. A detailed project timeline
o. The applicant's Transit Asset Management Plan (or, if lengthy,
applicable sections sufficient to determine the project is consistent
with the plan)
p. Information related to priority considerations in Sections E.2.
Applicants should reference the criteria described in Section E of this
NOFO for further description of the content applicants should address
in their applications.
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant is required to: (1) be registered in SAM before
submitting an
[[Page 61645]]
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. 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. These requirements do not
apply if the applicant has an exception approved by FTA or the U.S.
Office of Management and Budget under 2 CFR 25.110(c) or (d).
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 January 5, 2023. GRANTS.GOV
attaches a time stamp to each application at the time of submission.
Mail and fax submissions will not be accepted.
FTA urges applicants to submit applications at least 72 hours prior
to the deadline to allow time to correct any problems that may have
caused either GRANTS.GOV or FTA systems to reject the submission.
Proposals submitted after the deadline will be considered only if
lateness was due to extraordinary circumstances not under the
applicant's control. Deadlines will not be extended due to scheduled
website maintenance. GRANTS.GOV scheduled maintenance and outage times
are announced on the GRANTS.GOV website.
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.
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 registration up to
date before submissions can be made successfully: (1) registration in
SAM is renewed annually; and (2) 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 made available under this NOFO cannot be used to reimburse
applicants for otherwise eligible expenses incurred prior to the
posting of project selections on FTA's website and the corresponding
issuance of pre-award authority. Allowable direct and indirect expenses
must be consistent with the Government-wide Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards (2 CFR part 200) and FTA Circular 5010.1E.
6. Other Submission Requirements
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 advises 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. 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 whether or not a
scalable option is provided. FTA may award funds using a multi-year
grant agreement of up to three years, as described in Section B of this
notice.
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
project proposals based on the criteria described in this notice.
a. Demonstration of Need
Since the purpose of this program is to fund rail rolling stock and
maintain public transportation systems in a state of good repair,
applications will be evaluated based on the quality and extent to which
they demonstrate how the proposed project will address an unmet need
for capital investment in rail vehicles.
Applicants must provide information on the age, condition, and
performance of the rail vehicles to be replaced. The law requires FTA
``to consider the age and condition of the rail rolling stock of the
applicant that has exceeded or will exceed the useful service life of
the rail rolling stock in the 5-year period following the grant.'' FTA
will define that 5 years as starting 1 year after the date applications
are due. FTA will provide higher priority for rolling stock already
past its useful life. The proposal must address how the project
conforms to the applicant's spare ratio guidelines and provide the
rationale.
b. Demonstration of Benefits
FTA will evaluate the potential for projects to improve the
condition of the transit system by replacing rail vehicles that are in
poor condition or have surpassed their minimum or intended useful life
benchmarks.
Safety. FTA will evaluate the potential for projects to improve the
safety of the transit system. Applicants may describe the benefits of
increased safety of replacement vehicles and how that may impact the
broader safety of their transportation system.
Performance: FTA will evaluate the benefits of reducing breakdowns
and service interruptions, increasing service performance and
reliability, and reducing the cost of maintaining outdated vehicles.
Enhanced Access and Mobility for People with Disabilities. FTA will
evaluate the potential for projects to improve access and mobility for
persons with disabilities, including wheelchair users.
Combatting Climate Change: FTA will evaluate the benefits of any
otherwise eligible project that is proposing to replace a locomotive or
self-propelled passenger cars with a locomotive or self-propelled
passenger cars that produces fewer harmful emissions at the point of
service.
[[Page 61646]]
c. Planning and Local/Regional Prioritization
Applicants must demonstrate how the proposed project is consistent
with local and regional planning documents and identified priorities.
This will involve assessing whether the project is consistent with the
transit priorities identified in the long-range transportation plan and
the State and Metropolitan Transportation Improvement Program (STIP/
TIP). Applicants should note if the project could not be included in
the financially constrained STIP or TIP due to lack of funding, and if
selected that the project can be added to the federally approved STIP
before grant award.
FTA will evaluate applications based on the quality and extent to
which they assess whether the project is consistent with the rail
vehicle replacement priorities identified in the applicant's Transit
Asset Management Plan (TAM), pursuant to 49 CFR part 625.
FTA encourages applicants to demonstrate State or local support by
including letters of support from State departments of transportation,
local transit agencies, local government officials and public agencies,
local non-profit or private sector organizations, and other relevant
stakeholders. Applications that include letters of support will be
viewed more favorably than those that do not. For FTA to fully consider
a letter of support, the letter must be included in the application
package. In an area with both rail and other public transit operators,
FTA will evaluate whether project proposals demonstrate coordination
with and support of other related projects within the applicant's
Metropolitan Planning Organization (MPO) or the geographic region
within which the proposed project will operate.
d. Local Financial Commitment
Applicants must identify the sources of funding for the total
eligible vehicle replacement project cost, including other Federal
funding if applicable, and the local 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 local cost share as evidence of local financial
commitment to the project. Additional consideration will be given to
those projects for which local funds have already been made available
or reserved. Applicants should submit evidence of the availability of
funds for the project, by including, for example, 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 other non-Federal funds.
An applicant may provide documentation of previous and recent local
investments in the project, which cannot be used to satisfy non-Federal
matching requirements, as evidence of local financial commitment.
e. Project Implementation Strategy
Projects will be evaluated based on the extent to which the project
is ready to implement within a reasonable period of time and whether
the applicant's proposed implementation plans are reasonable and
complete.
In assessing whether the project is ready to implement within a
reasonable period of time, FTA will consider whether the project
qualifies for a Categorical Exclusion, or whether the required
environmental work has been initiated or completed for projects that
require an Environmental Assessment or Environmental Impact Statement
under the National Environmental Policy Act of 1969. As such,
applicants should submit information describing the project's
anticipated path and timeline through the environmental review process.
If the project will qualify as a Categorical Exclusion, the applicant
must say so explicitly in the application. The proposal must also state
whether grant funds can be obligated within 12 months from time of
award, if selected, and if necessary, the timeframe under which the
Metropolitan TIP and STIP can be amended to include the proposed
project. Additional consideration will be given to projects for which
grant funds can be obligated within 12 months from time of award.
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.
Additional information on the compliance requirements for these grants
appears later in this notice.
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 project.
2. Review and Selection Process
FTA technical evaluation committees will evaluate proposals using
the project evaluation criteria. FTA staff may request additional
information from applicants, if necessary. After consideration of the
findings of the technical evaluation committees, 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, the age of the vehicles to be replaced, diversity
in the size of the transit systems receiving funding, and the
applicant's availability of State of Good Repair Formula funding or
other competitive awards. FTA may consider capping the amount a single
applicant may receive.
After applying the above criteria, and in support of Executive
Order 13985, Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government, and Executive Order 14052,
Implementation of the Infrastructure Investment and Jobs Act, FTA will
give priority 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
[[Page 61647]]
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.
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 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
Final project selections will be posted on the FTA website. Only
proposals from eligible recipients for eligible activities will be
considered for funding. There is no minimum or maximum grant award
amount; however, FTA intends to fund up to three meritorious projects
per year of funding. FTA may also award multi-year grant agreements of
up to three years.
2. Administrative and National Policy Requirements
a. Pre-Award Authority
At the time the project selections are announced, FTA will extend
pre-award authority for the selected projects. There is no blanket pre-
award authority for these projects before announcement, and pre-award
authority cannot be used prior to FTA issuance of pre-award authority.
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. For more information about
FTA's policy on pre-award authority, please see FTA's 2022
Apportionment Notice (87 FR 25362).
b. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). All recipients are subject to the
grant requirements of the State of Good Repair program (49 U.S.C.
5337), FTA's Master Agreement for financial assistance awards, the
annual Certifications and Assurances required of applicants, and FTA
Circular ``State of Good Repair Grant Program'' (FTA.C.5300.1E). All
recipients must also follow the Award Management Requirements
(FTA.C.5010.1) and the labor protections required by Federal public
transportation law (49 U.S.C. 5333(b)). All these documents are
available on FTA's website. Technical assistance regarding these
requirements is available from each FTA regional office.
c. Buy America and Domestic Preference for Infrastructure Projects
All capital procurements must comply with FTA's Buy America
requirements (49 U.S.C. 5323(j) and 49 CFR part 661), which require
that all iron, steel, and manufactured products be produced in the
United States, and imposes minimum domestic content and final assembly
requirements for rolling stock. In addition, any award must comply with
the Build America, Buy America Act (BABA) (Pub. L. 117-58 Sec. Sec.
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.
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.
d. 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), 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 regulations and guidance for the ADA, Title VI of the
Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
1973, and all other civil rights requirements. The Department's and
FTA's Office of Civil Rights may work with awarded grant recipients to
ensure full compliance with Federal civil rights requirements.
e. Disadvantaged Business Enterprise
Projects for railcar acquisitions are subject to the transit
vehicle manufacturer (TVM) rule of the USDOT's Disadvantaged Business
Enterprise (DBE) program regulations (49 CFR 26.49). The TVM rule
requires recipients procuring transit vehicles to limit eligible
bidders to certified TVMs. To become a certified TVM, a manufacturer of
transit vehicles must submit a DBE program plan and annual goal to FTA
for approval. A list of certified TVMs is posted on FTA's web page at
<a href="https://www.transit.dot.gov/TVM">https://www.transit.dot.gov/TVM</a>. Recipients should contact FTA before
accepting bids from entities not listed on this web page.
In lieu of restricting eligibility to certified TVMs, a recipient
may, with FTA's approval, establish project-specific goals for DBE
participation in the procurement of transit vehicles.
For more information on DBE requirements, please contact Monica
McCallum, FTA Office of Civil Rights, 206-220-7519,
<a href="/cdn-cgi/l/email-protection#226f4d4c4b41430c6f4161434e4e574f62464d560c454d54"><span class="__cf_email__" data-cfemail="e3ae8c8d8a8082cdae80a0828f8f968ea3878c97cd848c95">[email protected]</span></a>.
f. Planning
FTA encourages applicants to notify the appropriate State
Departments of Transportation and MPOs in areas likely to be served by
the project funds made available under these initiatives and programs.
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. As described under the
evaluation criteria, FTA may consider whether a project is consistent
with or already included in these plans when evaluating a project.
g. Standard Assurances
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
[[Page 61648]]
the FTA grant. 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.
3. Reporting
Post-award reporting requirements include the electronic submission
of Federal Financial Reports and Milestone Progress Reports. Applicant
should include goals, targets, and indicators referenced in their
application to the project in the Executive Summary of the TrAMS
application. Recipients or beneficiaries of funds made available
through this NOFO are also required to regularly submit data to the
National Transit Database. National Transit Database reports include
total sources of revenue and complete expenditure reports for all
public transportation operations, not just those funded by this
project.
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
Competitive Grants for Rail Vehicle Replacement Program manager, Donna
Iken, by phone at 202-366-8076, or by email at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="95d1fafbfbf4bbdcfef0fbd5f1fae1bbf2fae3">[email protected]</a>. A
TDD is available for individuals who are deaf or hard of hearing at
800-877-8339. To ensure receipt of accurate information about
eligibility or the program, the applicant is encouraged to contact FTA
directly, rather than through intermediaries or third parties. For
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#2e5d5b5e5e415c5a6e495c4f405a5d00494158"><span class="__cf_email__" data-cfemail="deadabaeaeb1acaa9eb9acbfb0aaadf0b9b1a8">[email protected]</span></a>. Contact information for
FTA's regional offices can be found on FTA's website at <a href="https://www.transit.dot.gov">https://www.transit.dot.gov</a>.
H. Other Information
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.'' FTA will consider
applications for funding only from eligible recipients for eligible
projects listed in Section C.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2022-22122 Filed 10-11-22; 8:45 am]
BILLING CODE 4910-57-P
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</html>Indexed from Federal Register on October 12, 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.