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Notice2023-01654

FY 2023 Competitive Funding Opportunity: Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Competitive Program

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Published

January 27, 2023

Issuing agencies

Transportation DepartmentFederal Transit Administration

Abstract

The Federal Transit Administration (FTA) announces the opportunity to apply for approximately $1.22 billion in competitive grants under the fiscal year (FY) 2023 Low or No Emission Grant Program (Low-No Program) (Federal Assistance Listing: 20.526) and approximately $469 million in competitive grants under the FY 2023 Grants for Buses and Bus Facilities Program (Buses and Bus Facilities Program) (Federal Assistance Listing 20.526), subject to availability of appropriated funding.

Full Text

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<title>Federal Register, Volume 88 Issue 18 (Friday, January 27, 2023)</title>
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[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5400-5410]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01654]

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

FY 2023 Competitive Funding Opportunity: Low or No Emission Grant
Program and the Grants for Buses and Bus Facilities Competitive Program

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of funding opportunity (NOFO).

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SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for approximately $1.22 billion in competitive
grants under the fiscal year (FY) 2023 Low or No Emission Grant Program
(Low-No Program) (Federal Assistance Listing: 20.526) and approximately
$469 million in competitive grants under the FY 2023 Grants for Buses
and Bus Facilities Program (Buses and Bus Facilities Program) (Federal
Assistance Listing 20.526), subject to availability of appropriated
funding.

DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time on April 13,
2023. 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.

ADDRESSES: Instructions for applying can be found on FTA's website at
<a href="https://www.transit.dot.gov/howtoapply">https://www.transit.dot.gov/howtoapply</a> and in the ``FIND'' module of
GRANTS.GOV. The funding opportunity ID is FTA-2023-002-TPM-LWNO for
Low-No applications and FTA-2023-003-TPM-BUS for Buses and Bus
Facilities applications. Please note, if an applicant is choosing to
apply to both programs, the applicant must submit a separate GRANTS.GOV
package to each opportunity ID. Applicants should also select both
programs and respond to all questions needed for both programs on the
supplemental form. Mail and fax submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT: Either Program may be contacted by
email at <a href="/cdn-cgi/l/email-protection#581e0c1914372f16371a2d2b16171e17183c372c763f372e">[email&#160;protected]</a>, or applicants may call Margaretta
Veltri, FTA Office of Program Management, at 202-366-5094.

SUPPLEMENTARY INFORMATION: As required by Federal public transportation
law, Low or No Emission Grant Program funds will be awarded
competitively for the purchase or lease of low or no emission vehicles
that use advanced technologies for transit revenue operations,
including related equipment or facilities. As required by Federal
public transportation law, Buses and Bus Facilities Program funds will
be awarded competitively to assist in the financing of capital projects
to replace, rehabilitate, purchase or lease buses and related
equipment, and to rehabilitate, purchase, construct or lease bus-
related facilities. Zero-emission projects will include costs for
workforce development, unless the applicant certifies funds are not
needed for this purpose. In general, projects may include costs
incidental to the acquisition of buses or to the construction of
facilities, such as the costs of related workforce development and
training activities, and project administration expenses. As these two
programs have overlapping eligibilities

[[Page 5401]]

and must be implemented on the same timeline as required by 49 U.S.C.
5339, FTA is publishing this joint NOFO. Per Federal public
transportation law, FTA will award grants for these programs within 75
days after the date this solicitation expires from funds available for
award at that time. FTA may award additional funding that is made
available to the programs prior to the announcement of project
selections.

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

This is a joint NOFO and announces the availability of FY 2023
funding for both the Low-No and the Buses and Bus Facilities Programs.
Federal public transportation law (49 U.S.C. 5339(c)) authorizes
FTA to award grants for low or no emission bus projects through a
competitive process, as described in this notice. The Low-No Program
provides funding to States (including territories and Washington, DC),
local governmental authorities, and tribal governments for the purchase
or lease of zero-emission and low-emission transit buses, including
acquisition, construction, and leasing of required supporting
facilities such as recharging, refueling, and maintenance facilities.
Federal public transportation law (49 U.S.C. 5339(b)) authorizes
FTA to award grants for the Buses and Bus Facilities Program through a
competitive process, as described in this notice. Grants under this
program are for capital projects to replace, rehabilitate, purchase, or
lease buses and related equipment, or to rehabilitate, purchase,
construct, or lease bus-related facilities.
The Department seeks to fund projects under the Low-No and the
Buses and Bus Facilities Programs that reduce greenhouse gas emissions
in the transportation sector; incorporate evidence-based climate
resilience measures and features; avoid adverse environmental impacts
to air or water quality, wetlands, and endangered species; and address
the disproportionate negative environmental impacts of transportation
on disadvantaged communities, consistent with Executive Order 14008,
Tackling the Climate Crisis at Home and Abroad (86 FR 7619).
In addition, the Department seeks to award projects under the Low-
No and the Buses and Bus Facilities Programs that proactively evaluate
whether a project will create proportional impacts to all populations
in a project area and increase equitable access to project benefits,
consistent with Executive Order 13985, Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government (86
FR 7009). The Department also seeks to award projects that address
equity and environmental justice, particularly for communities that
have experienced decades of underinvestment and are most impacted by
climate change, pollution, and environmental hazards, consistent with
Executive Order 14008, Tackling the Climate Crisis at Home and Abroad
(86 FR 7619).
In addition, the Department intends to use the Low-No and the Buses
and Bus Facilities programs to support the creation of good-paying jobs
with the free and fair choice to join a union and the incorporation of
strong labor standards and training and placement programs, especially
registered apprenticeships, in project planning stages, consistent with
Executive Order 14025, Worker Organizing and Empowerment (86 FR 22829),
and Executive Order 14052, Implementation of the Infrastructure
Investment and Jobs Act (86 FR 64335). The Department also intends to
use the Low-No and the Buses and Bus Facilities programs to support
wealth creation, consistent with the Department's Equity Action Plan,
through the inclusion of local inclusive economic development and
entrepreneurship such as the utilization of Disadvantaged Business
Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a)
firms.

B. Federal Award Information

Federal public transportation law (49 U.S.C. 5338(a)(2)(N))
authorizes $73,056,178 in FY 2023 for the Low-No Program. The 2021
Bipartisan Infrastructure Law (BIL) (enacted as the Infrastructure
Investment and Jobs Act, Pub. L. 117-58) provided an additional
$1,029,000,000 in advance appropriations for FY 2023 grants after
accounting for the authorized takedown for administrative and oversight
expenses and the Office of Inspector General (OIG). The Consolidated
Appropriations Act, 2023 appropriated an additional $49,625,000 for FY
2023 grants after accounting for the authorized oversight takedown, for
a total of $1,151,681,178 for grants under the Low-No program. Further,
due to less funding being requested than funding available during the
FY 2022 competition for low-emission projects, $69,668,939 of FY 2022
Low-No Program funds remain available for award, of which $69,192,987
are reserved for low-emission projects as required by statute. A grand
total of $1,221,350,117 is being made available for the FY 2023 Low-No
Program under this notice. Additional funds made available prior to
project selection may be allocated to eligible projects.
As required by Federal public transportation law (49 U.S.C.
5339(c)(5)), a minimum of 25 percent of the amount awarded under the
Low-No Program will be awarded to low-emission projects other than
zero-emission vehicles and related facilities. As noted above,
$69,192,987 of FY 2022 funding for low-emission projects remains
available. This amount, along with the $287,920,295 low-emission set-
aside for FY 2023, totals $357,113,282 specifically set aside by law
for low-emission projects through the Low-No Program in FY 2023.
In FY 2022, the Low-No program received applications for 248
projects requesting a total of $4,033,245,618. One hundred projects
were funded at a total of $1,105,329,750.
Federal public transportation law (49 U.S.C. 5338(a)(2)(N))
authorizes $383,544,933 in FY 2023 funds for the Buses and Bus
Facilities Program. The Consolidated Appropriation Act, 2023
appropriated an additional $90,000,000. After the oversight takedown of
$4,099,509, FTA is announcing the availability of $469,445,424 for the
Buses and Bus Facilities Program through this notice. Additional funds
made available prior to project selection may be allocated to eligible
projects.
As required by Federal public transportation law at 49 U.S.C.
5339(b)(5), a minimum of 15 percent of the amount awarded under the
Buses and Bus Facilities Program will be awarded to projects located in
rural areas. As required by 49 U.S.C. 5339(b)(8), no single grant
recipient will be awarded more than 10 percent of the amount made
available. In FY 2022, the program received applications for 282
projects requesting a total of $3,682,203,133. Fifty projects were
funded at a total of $551,366,311.
An applicant may submit a low or no emissions project to both the
Buses and Bus Facilities Program and the Low-No Program, or submit the
project only to the Low-No Program or only to the Buses and Bus
Facilities Program. Applicants are encouraged to submit projects for
consideration under both programs whenever practicable. If a project
submitted for consideration under both programs is selected for
funding, FTA will exercise its discretion

[[Page 5402]]

to determine under which program the project will receive an award.
Please note that if submitting to both programs, a separate application
package must be submitted to each opportunity ID for the respective
program listed on GRANTS.GOV. If there are not enough eligible requests
for either the low-emission set-aside under the Low-No Program or the
rural set-aside under the Buses and Bus Facilities Program, and
eligible applications that would qualify under either of those set-
asides were submitted only to the other program, FTA may contact such
applicants to request additional information in order to consider them
under the program for which they would satisfy a statutory set-aside.
FTA may cap the amount a single recipient or State may receive as
part of the selection process for either program.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date FY 2023 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
announcement of project selections. FTA intends to fund as many
meritorious projects as possible.

C. Eligibility Information

1. Eligible Applicants

Eligible applicants for the Low or No Emission Program include
designated recipients, States (including territories and Washington,
DC), local governmental authorities, and Indian Tribes. Proposals for
funding projects in rural (non-urbanized) areas--defined as any area
that has not been designated in the 2010 census, as an ``urbanized
area'' with at least 50,000 in population by the Secretary of
Commerce--must be submitted as part of a consolidated State proposal.
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.
Eligible applicants for the Buses and Bus Facilities Program
include designated recipients that allocate funds to fixed route bus
operators, States (including territories and Washington, DC) or local
governmental entities that operate fixed route bus service, and Indian
tribes. Eligible subrecipients include all otherwise eligible
applicants and also private nonprofit organizations engaged in public
transportation.
Except for projects proposed by Indian tribes, all proposals for
projects in rural (non-urbanized) areas must be submitted by a State,
either individually or as a part of a statewide application. States and
other eligible applicants also may submit consolidated proposals for
projects in urbanized areas. The submission of a statewide or
consolidated urbanized area application does not preclude any other
eligible recipients in an urbanized area or in a State from also
submitting a separate application. Proposals may contain projects to be
implemented by the recipient or its subrecipients.
As permitted under Federal public transportation law (49 U.S.C.
5339(b)(10), (c)(8)), an applicant proposing a low or no emission
project under both the Buses and Bus Facilities Program and the Low-No
Program, or an applicant proposing only a low or no emission project
under the Low-No program, may include partnerships with other entities
that intend to participate in the implementation of the project,
including, but not limited to, specific vehicle manufacturers,
equipment vendors, owners or operators of related facilities, or
project consultants. If an application that involves such a partnership
is selected for funding, the project will be deemed to satisfy the
requirement for a competitive procurement under 49 U.S.C. 5325(a) for
the named entities. Applicants are advised that any changes to the
proposed partnership will require FTA written approval, must be
consistent with the scope of the approved project, and may necessitate
a competitive procurement.

2. Cost Sharing or Matching

The maximum Federal share for projects that involve leasing or
acquiring transit buses (including clean fuel or alternative fuel
vehicles) for purposes of complying with or maintaining compliance with
the Clean Air Act (CAA) or the Americans with Disabilities Act (ADA) of
1990 is 85 percent of the net project cost.
The maximum Federal share for the cost of acquiring, installing, or
constructing vehicle-related equipment or facilities (including clean
fuel or alternative fuel vehicle-related equipment or facilities) for
purposes of complying with or maintaining compliance with the CAA or
ADA is 90 percent of the net project cost of such equipment or
facilities that are attributable to compliance with the CAA or ADA. The
award recipient must itemize the cost of specific, discrete, vehicle-
related equipment associated with compliance with the CAA to be
eligible for the maximum 90 percent Federal share for these costs.
The Federal share of the cost of other projects shall not exceed 80
percent.
Eligible sources of match include the following: 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. Other Federal funds from non-U.S. Department of
Transportation sources may only be used as match (Federal fund
braiding) if the proposed project is eligible under the other Federal
program and the other Federal program providing the matching funds
expressly authorizes its funds to fulfill the match requirement of
other Federal programs. Learn more about Federal fund braiding at
<a href="https://www.transit.dot.gov/regulations-and-programs/ccam/about/coordinating-council-access-and-mobility-ccam-federal-fund">https://www.transit.dot.gov/regulations-and-programs/ccam/about/coordinating-council-access-and-mobility-ccam-federal-fund</a>.

3. Eligible Projects

Under the Low-No Program (49 U.S.C. 5339(c)), eligible projects
include projects or programs of projects in an eligible area for: (1)
purchasing or leasing low or no emission buses; (2) acquiring low or no
emission buses with a leased power source; (3) constructing or leasing
facilities and related equipment for low or no emission buses; (4)
constructing new public transportation facilities to accommodate low or
no emission buses; or (5) rehabilitating or improving existing public
transportation facilities to accommodate low or no emission buses (49
U.S.C. 5339(c)(1)(B)). As required by Federal public transportation law
(49 U.S.C. 5339(c)(5)), FTA will consider only eligible projects
relating to the acquisition or leasing of low or no emission buses or
bus facilities that make greater reductions in energy consumption and
harmful emissions than comparable standard buses or other low or no
emission buses. A single application may include both vehicle and
facility components, along with associated equipment and workforce
development plans.
A low or no emission bus is defined as a passenger vehicle used to
provide

[[Page 5403]]

public transportation that sufficiently reduces energy consumption or
harmful emissions, including direct carbon emissions, when compared to
a standard vehicle. The statutory definition includes zero-emission
transit buses, which are defined as buses that produce no direct carbon
emissions and no particulate matter emissions under any and all
possible operational modes and conditions. Examples of zero-emission
bus technologies include, but are not limited to, hydrogen fuel-cell
buses, battery-electric buses, and rubber tire trolley buses powered by
overhead catenaries. All new transit bus models must successfully
complete FTA bus testing for production transit buses pursuant to FTA's
Bus Testing regulation (49 CFR part 665) in order to be procured with
funds awarded under the Low-No Program. All transit vehicles must be
procured from certified transit vehicle manufacturers in accordance
with the Disadvantaged Business Enterprise (DBE) regulations (49 CFR
part 26). The development or deployment of prototype vehicles is not
eligible for funding under the Low-No Program.
Eligible projects for the Buses and Bus Facilities Program include
capital projects to replace, rehabilitate, purchase, or lease buses,
vans, or related equipment; or to rehabilitate, purchase, construct, or
lease bus-related facilities regardless of propulsion type or
emissions. A single application may include both vehicle and facility
components, along with associated equipment and workforce development
activities.
Recipients are permitted to use up to 0.5 percent of their
requested grant award for workforce development activities eligible
under Federal public transportation law (49 U.S.C. 5314(b)), including
on-the-job training, labor-management partnership training, and
registered apprenticeships, and an additional 0.5 percent for costs
associated with training at the National Transit Institute. Supportive
services, such as childcare and transportation assistance for
participants, may be an eligible use of program funds under 49 U.S.C.
5314(b). FTA will publish clarifying frequently asked questions.
For applicants proposing any project related to zero-emission
vehicles (including vehicles, facilities, equipment, etc.) for either
program, 5 percent of the total requested Federal amount, including the
workforce development activities, but not including additional required
local share, must be used for workforce development to retrain the
existing workforce and develop the workforce of the future, including
registered apprenticeships and other joint labor-management training
programs, as outlined in the applicant's Zero-Emission Transition Plan
(see Section E(1)(c) of this notice), unless the applicant certifies
via the application that less funding is needed to carry out the Plan.
Supportive services, such as childcare and transportation assistance
for participants, may be an eligible use of program funds within this 5
percent. FTA will publish clarifying frequently asked questions.
Applicants must identify the proposed use of funds for these activities
in the project proposal and identify them separately in the project
budget. These amounts are additional, not a take-down, from other
eligible project expenses. For example, if an application includes a
Federal request of $95,000 for total capital costs of the zero-emission
vehicles and associated equipment, an additional Federal request of
$5,000 should be included in the budget for workforce development
expenses for a total Federal request of $100,000. The local share for
the vehicles, equipment, and workforce development is in addition to
the $100,000 Federal request. Applicants are encouraged to discuss
training needs with their workforce and to develop training plans in
collaboration with unions and other workforce representatives, as well
as with workforce boards, community colleges, and other workforce
organizations. Applicants that propose not to use the full 5 percent
available must include an explanation as to why the funds are not
needed.
If a single project proposal involves multiple public
transportation providers, such as when an agency acquires vehicles that
will be operated by another agency, the proposal must include a
detailed statement regarding the role of each public transportation
provider in the implementation of the project.

D. Application and Submission Information

1. Address To Request Application Package

Applications must be submitted electronically through GRANTS.GOV.
General information for accessing and submitting applications through
GRANTS.GOV can be found at <a href="https://www.transit.dot.gov/howtoapply">https://www.transit.dot.gov/howtoapply</a> along
with specific instructions for the forms and attachments required for
submission. Mail or fax submissions of completed proposals will not be
accepted. 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 2023 Low-No and Buses
and Bus Facilities Programs (downloaded from GRANTS.GOV or the FTA
website at <a href="https://www.transit.dot.gov/funding/grants/lowno">https://www.transit.dot.gov/funding/grants/lowno</a>). The same
supplemental form will be used to apply to either program or both
programs. However, please note that if an applicant is applying to both
programs, they must submit the materials through each of the GRANTS.GOV
opportunity IDs listed for each program. 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 2023 Low-No and Buses and Bus Facilities
Programs. 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 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 may attach additional supporting information to the SF-
424 submission, including but not limited to letters of support,
project budgets, fleet status reports, or excerpts from relevant
planning documents. Applicants for zero-emission projects must attach
the fleet transition plan. 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.

[[Page 5404]]

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 ID (UEI) assigned by SAM.GOV
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 either
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. Address all the applicable criteria and priority considerations
identified in Section E.
xi. A description of the technical, legal, and financial capacity of
the applicant
xii. A detailed project budget identifying the amounts requested,
amounts of other Federal funds, if any, and amounts of non-Federal
funds.
xiii. An explanation of the scalability of the project
xiv. Details on the non-Federal matching funds
xv. A detailed project timeline

Except for the information properly marked as described in Section
H, the Department may share application information within the
Department or with other Federal agencies if the Department determines
that sharing is relevant to the respective program's objectives.

3. Unique Entity Identifier and System for Award Management (SAM)

Each applicant is required to: (1) be registered in SAM.GOV 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 April 13, 2023. 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 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, (1)
registration in SAM.GOV 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 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 will 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 must be consistent with the Governmentwide
Uniform Administrative Requirements and Cost

[[Page 5405]]

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, 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. 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.
If an applicant is proposing to deploy autonomous vehicles or other
innovative motor vehicle technology, the application should demonstrate
that all vehicles will comply with applicable safety requirements,
including those administered by the National Highway Traffic Safety
Administration (NHTSA) and Federal Motor Carrier Safety Administration
(FMCSA). Specifically, the application should show that vehicles
acquired for the proposed project will comply with applicable Federal
Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carrier Safety
Regulations (FMCSR). If the vehicles may not comply, the application
should either (1) show that the vehicles and their proposed operations
are within the scope of an exemption or waiver that has already been
granted by NHTSA, FMCSA, or both agencies or (2) directly address
whether the project will require exemptions or waivers from the FMVSS,
FMCSR, or any other regulation and, if the project will require
exemptions or waivers, present a plan for obtaining them.
a. Demonstration of Need
Since the purpose of these programs is to fund vehicles and
facilities, 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 vehicles and/or supporting
facilities. For example, an applicant may demonstrate that it requires
additional or improved charging or maintenance facilities for low or no
emission vehicles, that it intends to replace existing vehicles that
have exceeded their minimum useful life, or that it requires additional
vehicles to meet current ridership demands or expand services to better
connect underserved communities.
FTA will consider an applicant's responses to the following
criteria when assessing the need for capital investment underlying the
proposed project:
For bus projects (replacement or expansion):
For replacement requests, applicants must provide information on
the age, condition, and performance of the vehicles to be replaced by
the proposed project. Vehicles to be replaced must have met their
minimum useful life at the time of project completion. For service
expansion requests, applicants must provide information on the proposed
service expansion and the benefits for transit riders and the community
from the new service. For all vehicle projects, the proposal must
address whether the project conforms to FTA's spare ratio guidelines.
Vehicles funded under these programs are not exempt from FTA's standard
spare ratio requirements, which apply to and are calculated based on
the agency's entire fleet. Applicants that are introducing zero-
emission vehicles into their fleet may consider including vehicles that
have already met their minimum useful life in a contingency fleet,
which is not included in the spare ratio calculation. Additionally,
applicants who may need to exceed the spare ratio for a temporary
period are encouraged to work with their FTA Regional Office to
determine what flexibilities may be afforded to them and include
reference to that in their application.
For bus facility and equipment projects (replacement,
rehabilitation, or expansion):
For replacement requests, applicants must provide information on
the age and condition of the asset to be rehabilitated or replaced
relative to its minimum useful life. For expansion requests, applicants
must provide information on the proposed expansion and the reason that
transit riders and the community need the expansion.
b. Demonstration of Benefits
i. Low or No Emissions Program
Applicants to the Low-No Program must demonstrate how the proposed
project will support the statutory requirements of the Low-No Program
(See 49 U.S.C. 5339(c)(5)(A)). In particular, FTA will consider the
quality and extent to which applications demonstrate how the proposed
project will: (1) Reduce Energy Consumption; (2) Reduce Harmful
Emissions; and (3) Reduce Direct Carbon Emissions.
Reduce Energy Consumption: Applicants must describe how the
proposed project will reduce energy consumption. FTA will evaluate
applications based on the degree to which the proposed technology
reduces energy consumption as compared to comparable standard vehicle
propulsion technologies.
Reduce Harmful Emissions: Applicants must demonstrate how the
proposed vehicles or facility will reduce the emission of particulates
that create local air pollution, which leads to local environmental
health concerns, smog, and unhealthy ozone concentrations. FTA will
evaluate the rate of particulate emissions by the proposed vehicles or
vehicles to be supported by the proposed facility, compared to the
emissions from the vehicles that will be replaced or moved to the
contingency fleet as a result of the proposed project, as well as
comparable standard buses.
Reduce Direct Carbon Emissions: Applicants should demonstrate how
the proposed vehicles or facility will reduce emissions of greenhouse
gases from transit vehicle operations. FTA will evaluate the rate of
direct carbon emissions by the proposed vehicles or vehicles to be
supported by the proposed facility, compared to the emissions from the
vehicles that will be replaced or moved to the contingency fleet as a
result of the proposed project, as well as comparable standard buses.
ii. Grants for Buses and Bus Facilities Program
Applicants to the Buses and Bus Facilities Program will be
evaluated based on how well they describe how the proposed project will
improve the condition of, or otherwise modernize, the transit system;
improve the reliability of transit service for its riders;

[[Page 5406]]

enhance access and mobility within the service area, particularly for
low-income or underserved communities; and expand accessibility for
people with disabilities.
Safety: FTA will evaluate the potential for projects to provide
positive safety benefits for all users, while not negatively impacting
safety for all users. Applicants may describe how the project will
reduce the frequency of safety events and/or improve the outcomes of
safety events.
System Condition: FTA will evaluate the potential for replacement
projects to improve the condition of the transit system by
rehabilitating or replacing assets that are in poor condition or have
surpassed their minimum or intended useful life benchmarks. Applicants
may describe the benefits of reducing breakdowns and service
interruptions; increasing service performance; and/or reducing the cost
of maintaining outdated vehicles, facilities and equipment.
Enhanced Access and Mobility: FTA will evaluate the potential for
expansion projects to improve access and mobility for the transit
riding public, particularly for low-income and underserved communities,
including improved headways, creation of new transportation choices, or
eliminating gaps in the current route network. Proposed benefits should
be based on documented ridership demand, based on indicators like area
population density, employment served, and existing and planned
affordable housing in the corridor, and be well-described or documented
through a study or route planning proposal.
Applicants that intend to apply to both programs must submit
information that addresses the requirements of both programs as
described above.
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
quality and extent to which the project is consistent with the transit
priorities identified in the long-range plan for all proposals;
contingency or illustrative projects included in that plan; or the
locally developed human services public transportation coordinated
plan. Applicants may submit copies of the relevant pages of such plans
to support their application. FTA will consider how the project will
support regional goals and applicants may submit support letters from
local and regional planning organizations attesting to the consistency
of the proposed project with these plans. Applicants are encouraged to
also consult DOT's Promising Practices for Meaningful Public
Involvement in Transportation Decision-Making at <a href="https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making">https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making</a>.
Evidence of additional local or regional prioritization may include
letters of support for the project from local government officials,
public agencies, and non-profit or private sector supporters.
Applicants may also address how the proposed project will impact
overall system performance, asset management performance, or specific
performance measures tracked and monitored by the applying entity to
demonstrate how the proposed project will address local and regional
planning priorities.
For applications related to zero-emission vehicles (including
vehicles, facilities, equipment, etc.) under either the Low-No or Buses
and Bus Facilities programs, applicants are required by law (49 U.S.C.
5339(c)(3)(D)) to submit a Zero-Emission Fleet Transition Plan. This
plan must be a separate document from other local or regional planning
documents and must: (1) demonstrate a long-term fleet management plan
with a strategy for how the applicant intends to use the current
application and future acquisitions; (2) address the availability of
current and future resources to meet costs for the transition and
implementation; (3) consider policy and legislation impacting relevant
technologies; (4) include an evaluation of existing and future
facilities and their relationship to the technology transition; (5)
describe the partnership of the applicant with the utility or
alternative fuel provider; and (6) examine the impact of the transition
on the applicant's current workforce by identifying skill gaps,
training needs, and retraining needs of the existing workers of the
applicant to operate and maintain zero-emission vehicles and related
infrastructure and avoid the displacement of the existing workforce.
FTA has developed resources for applicants regarding the development of
this plan which can be found at <a href="https://www.transit.dot.gov/funding/grants/zero-emission-fleet-transition-plan">https://www.transit.dot.gov/funding/grants/zero-emission-fleet-transition-plan</a>. For agencies with smaller
fleets, a fleet transition plan need not be complex and should be
tailored as applicable, but it still must address all six elements. For
applications from State departments of transportation, the state may
either provide a fleet transition plan that covers some or all of the
subrecipients, attach individual plans developed by the subrecipients,
or a combination of both.
d. Local Financial Commitment
Applicants must identify the source of 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. 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 local
funds. FTA will favorably view an applicant that proposes to use grant
funds only for the incremental cost of new technologies over the cost
of replacing vehicles with standard propulsion technologies.
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 projects that require 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
those that may qualify 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 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

[[Page 5407]]

project, such as through letters of support.
Applicants that have identified a cooperative procurement strategy
listed in Section 3019 of the Fixing America's Surface Transportation
Act (Pub. L. 114-94; 49 U.S.C. 5325, note) are encouraged to describe
the method chosen as part of their implementation plans and how such a
cooperative procurement will reduce costs.
For proposals that involve a partnership with a manufacturer,
vendor, consultant, or other third party, applicants must identify by
name any project partners, including, but not limited to, other transit
agencies, bus manufacturers, owners or operators of related facilities,
or any expert consultants. Such partnerships are permitted under
Federal public transportation law (49 U.S.C. 5339(b)(10), (c)(8)) only
for applicants proposing a low or no emission project under both the
Buses and Bus Facilities Program and the Low-No Program, or for
applicants proposing only a low or no emission project under the Low-No
program. FTA will evaluate the experience and capacity of the named
project partners to successfully implement the proposed project based
on the partners' experience and qualifications. Applicants are advised
to submit information on the partners' qualifications and experience as
a part of the application. Entities to be involved in the project that
are not named in the application must be selected through ordinary
procurement processes.
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 Federal
Transit 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, whether
an applicant is from a small urban or rural area or is a tribal
government, 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, to address climate change and
improve sustainability, FTA will give priority consideration to
applications that are expected to create significant community benefits
relating to the environment, including those projects that incorporate
low or no emission technology or specific elements to address
greenhouse gas emissions and climate change impacts. Amongst vehicle
applications that include at least twenty zero-emission 40-foot buses,
FTA will give priority consideration to applications that identify
greater emission reductions. To be considered for priority
consideration, vehicle applications for at least twenty zero-emission
40-foot buses must use the FTA FY 2023 Bus and Low-No Emission
Reduction Calculator which can be found at <a href="https://www.transit.dot.gov/funding/grants/fy-2023-bus-and-low-no-emission-reduction-calculator">https://www.transit.dot.gov/funding/grants/fy-2023-bus-and-low-no-emission-reduction-calculator</a>,
attach the file, and include the amount of reductions per vehicle in
the supplemental form.
FTA will also prioritize a zero-emission project higher than other
zero-emission projects if the applicant is able to demonstrate how the
proposed project and fleet transition plan support the conversion of
the agency's overall fleet to zero emissions.
FTA will also provide priority consideration for applicants that
describe how their projects support workforce development, job quality,
and wealth creation as follows:
Applicants for facility projects should identify whether they will
commit to registered apprenticeship positions and use apprentices on
the funded project, sometimes called an apprenticeship utilization
requirement (e.g., requiring that a certain percent of all labor hours
will be performed by registered apprentices); AND detail partnerships
with high-quality workforce development programs with supportive
services \1\ to help train, place, and retain underrepresented
communities in jobs and registered apprenticeships on the project; and,
for facility projects over $35 million in total project cost, whether
the project will use a Project Labor/Community Workforce Agreement and,
for facility projects over $35 million, whether the recipient commits
to participate in the U.S. Department of Labor's Office of Federal
Contract Compliance Programs (OFCCP) Mega Construction Project Program
if selected by OFCCP (see F.2.e. Federal Contract Compliance).
---------------------------------------------------------------------------

\1\ Supportive services are critical to help women and people
facing systemic barriers to employment be able to participate and
thrive in training and employment. Supportive services include
childcare, tools, work clothing, application fees and other costs of
apprenticeship or required pre-employment training, transportation
and travel to training and work sites, and services aimed at helping
to retain underrepresented groups such as mentoring, support groups,
and peer networking.
---------------------------------------------------------------------------

To support efficient and cost-effective vehicle procurements, FTA
will provide priority consideration to applicants that identify their
intent to use a procurement method that reduces customization, such as
a joint procurement or procurement using an existing schedule. The
applicant should identify the proposed approach, other partners if
applicable, and how the procurement approach reduces vehicle
customization. FTA will evaluate each project on its own merits and
selection of one participant indicating their intent to pursue a joint
procurement will be independent of selection of other potential
participants. If after selection, the proposed procurement method is no
longer feasible due to other selections made, the applicant may proceed
with a different methodology.
Among zero-emission applications, FTA will give priority
consideration to zero-emission applicants that are able to demonstrate
that they have consulted with workforce representatives on all aspects
of the workforce section of the fleet transition plan; AND include
steps to provide or connect workers to supportive services (such as
childcare and transportation assistance); AND identify the use of at
least one of the following in their plan (1) use of labor-management
partnerships for training; (2) use of registered apprenticeship
training to support skilling of incumbent and entry-level workers with
focus on using registered apprenticeship to advance Black, Hispanic,
Asian American, Native Hawaiian and Pacific Islanders, tribal, women,
and other groups facing systemic barriers to employment that may be
underrepresented in the current workforce, especially in higher-paying
jobs.
FTA will also give priority consideration to projects that support
the Justice40 initiative. In support of Executive Order 14008, DOT has
been

[[Page 5408]]

developing a geographic definition of Historically Disadvantaged
Communities as part of its implementation of the Justice40 Initiative.
Consistent with OMB's Interim Guidance for the Justice40 Initiative,
Historically Disadvantaged Communities include (a) certain qualifying
census tracts, (b) any Tribal land, or (c) any territory or possession
of the United States. Applicants may use DOT's Transportation
Disadvantaged Census Tracts (<a href="http://arcgis.com">arcgis.com</a>) tool to identify whether the
project impact area encompasses disadvantaged communities: <a href="https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a">https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a</a>.
Use of this map tool is optional; applicants may provide an image of
the map tool outputs, or alternatively, consistent with OMB's Interim
Guidance, applicants can supply quantitative, demographic data of their
ridership demonstrating the percentage of their ridership that meets
the criteria described in Executive Order 14008 for disadvantage.
Examples of Historically Disadvantaged Communities that an applicant
could address using geographic or demographic information include low
income, high and/or persistent poverty, high unemployment and
underemployment, racial and ethnic residential segregation, linguistic
isolation, or high housing cost burden and substandard housing.
Additionally, in support of the Justice40 Initiative, the applicant
also should identify how they considered the benefits and potential
burdens a project may create, who would experience them and how they
may be measured over time, with a specific focus on how the benefits
and potential burdens will impact underserved/disadvantaged
communities; and, identify how the applicant utilized a meaningful
public involvement process, inclusive of disadvantaged populations,
throughout the lifecycle of a project. For technical assistance using
the mapping tool, please contact <a href="/cdn-cgi/l/email-protection#8bccc6c4cbefe4ffa5ece4fd">[email&#160;protected]</a>.
Due to funding limitations, projects that are selected for funding
may receive less than the amount originally requested, even if an
application did not present a scaled project option. In those cases,
applicants must be able to demonstrate that the proposed projects are
still viable and can be completed with the amount awarded.

3. Integrity and Performance Review

Prior to making an award with a total amount of Federal share
greater than the simplified acquisition threshold (currently $10,000),
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

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 will extend pre-award authority for the
selected projects (see Section D.5 of this notice for more
information). There is no blanket 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
according to the 2010 Census 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 according to the 2010 Census 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 each 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.
Applicants for the Buses and Bus Facilities Program are encouraged
to utilize the innovative procurement practices found in Section 3019
of the Fixing America's Surface Transportation Act (49 U.S.C. 5325,
note). Please see details at <a href="https://www.transit.dot.gov/funding/grants/innovative-procurement-leasing-fact-sheet-section-3019">https://www.transit.dot.gov/funding/grants/innovative-procurement-leasing-fact-sheet-section-3019</a>. If
selected for funding, any project that purchases fewer than five buses
through a standalone procurement must provide a written explanation why
the tools authorized under Section 3019 were not utilized.
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. Buy America and Domestic Preferences for Infrastructure Projects
As expressed in Executive Order 14005, `Ensuring the Future Is Made
in All of America by All of America's Workers' (86 FR 7475), the
Executive Branch should maximize, consistent with law, the use of
goods, products, and materials produced in, and services offered in,
the United States. Therefore, 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

[[Page 5409]]

comply with the Build America, Buy America Act (BABA) (Pub. L. 117-58,
sections 70901-27). 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.
c. Civil Rights Requirements
As a condition of a grant award, grant recipients 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 and implementing regulations (49 CFR part
21), the Americans with Disabilities Act of 1990 (ADA), and Section 504
of the Rehabilitation Act, all other civil rights requirements, and
accompanying regulations. This should include a current Title VI plan,
completed Community Participation Plan (alternatively called a Public
Participation Plan and often part of the overall Title VI program
plan), if applicable. DOT's and the applicable Operating
Administrations' Office of Civil Rights may work with awarded grant
recipients to ensure full compliance with Federal civil rights
requirements.
d. Disadvantaged Business Enterprise
Recipients of planning, capital, or operating assistance that will
award prime contracts (excluding transit vehicle purchases), 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).
To be eligible to bid on any FTA-assisted vehicle procurement,
entities that manufacture transit vehicles or perform post-production
alterations or retrofitting must be certified Transit Vehicle
Manufacturers (TVM). If a vehicle remanufacturer is responding to a
solicitation for new or remanufactured vehicles with a vehicle to which
the remanufacturer has provided post-production alterations or
retrofitting (e.g., replacing major components such as engine to
provide a ``like new'' vehicle), the vehicle remanufacturer must be a
certified TVM.
The TVM rule requires that, prior to bidding on any FTA-assisted
vehicle procurement, manufacturers of transit vehicles submit a DBE
Program plan and annual goal methodology to FTA. FTA then will issue a
TVM concurrence and certification letter. Grant recipients must verify
each manufacturer's TVM status before accepting its bid. A list of
compliant, certified TVMs is posted on FTA's website at <a href="https://www.transit.dot.gov/TVM">https://www.transit.dot.gov/TVM</a>. Recipients should contact FTA before accepting
a bid from a manufacturer not on this list. In lieu of using a
certified TVM, a recipient may establish project-specific DBE goals for
its vehicle procurement. FTA will provide additional guidance as grants
are awarded. 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#cf82a0a1a6acaee182ac8caea3a3baa28faba0bbe1a8a0b9">[email&#160;protected]</a>.
e. Federal Contract Compliance
As a condition of grant award and consistent with E.O. 11246, Equal
Employment Opportunity (30 FR 12319, and as amended), all Federally-
assisted construction contractors are required to make good faith
efforts to meet the goals of 6.9 percent of construction project hours
being performed by women, in addition to goals that vary based on
geography for construction work hours and for work being performed by
people of color. Under Section 503 of the Rehabilitation Act and its
implementing regulations, affirmative action obligations for certain
contractors include an aspirational employment goal of 7 percent
workers with disabilities.
The U.S. Department of Labor's Office of Federal Contract
Compliance Programs (OFCCP) is charged with enforcing Executive Order
11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam
Era Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega
Construction Project Program through which it engages with project
sponsors as early as the design phase to help promote compliance with
non-discrimination and affirmative action obligations. OFCCP may
identify construction projects that receive an award under this notice
that have a project cost above $35 million to participate in OFCCP's
Mega Construction Project Program. If selected and the applicant agrees
to participate, OFCCP will ask selected project sponsors to make clear
to prime contractors in the pre-bid phase that award terms may require
their participation in the Mega Construction Project Program.
Additional information on how OFCCP makes their selections for
participation in the Mega Construction Project Program is outlined
under ``Scheduling'' on the Department of Labor website: <a href="https://www.dol.gov/agencies/ofccp/faqs/construction-compliance">https://www.dol.gov/agencies/ofccp/faqs/construction-compliance</a>.
f. 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.
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

[[Page 5410]]

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 email
<a href="/cdn-cgi/l/email-protection#d39587929fbca49dbc91a6a09d9c959c93b7bca7fdb4bca5">[email&#160;protected]</a>, or call Margaretta Veltri, FTA Office of
Program Management, at 202-366-5094. 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
website at <a href="https://www.transit.dot.gov/lowno">https://www.transit.dot.gov/lowno</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 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#2d5e585d5d425f596d4a5f4c43595e034a425b">[email&#160;protected]</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.''
All information submitted as part of or in support of any
application shall use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If an applicant submits information
the applicant considers to be a trade secret or confidential commercial
or financial information, the applicant must provide that information
in a separate document, which the applicant may reference from the
application narrative or other portions of the application. For the
separate document containing confidential information, the applicant
must do the following: (1) state on the cover of that document that it
``Contains Confidential Business Information (CBI);'' (2) mark each
page that contains confidential information with ``CBI;'' (3) highlight
or otherwise denote the confidential content on each page; and (4) at
the end of the document, explain how disclosure of the confidential
information would cause substantial competitive harm. FTA will protect
confidential information complying with these requirements to the
extent required under applicable law. If FTA receives a Freedom of
Information Act (FOIA) request for the information that the applicant
has marked in accordance with this section, FTA will follow the
procedures described in DOT's FOIA regulations at 49 CFR 7.29. Only
information that is in the separate document, marked in accordance with
this section, and ultimately determined to be confidential will be
exempt from disclosure under FOIA.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-01654 Filed 1-26-23; 8:45 am]
BILLING CODE 4910-57-P

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