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Notice2023-09240

Notice of Funding Opportunity for Rail Research and Development Center of Excellence

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Published

May 2, 2023

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Abstract

This notice details the application requirements and procedures to obtain funding to establish and maintain a Rail Research and Development Center of Excellence. This NOFO solicits applications for the Rail Research and Development Center of Excellence funds made available by the Consolidated Appropriations Act, 2022, and the Consolidated Appropriations Act, 2023. The opportunity described in this notice is made available under Assistance Listings Number 20.313 Railroad Research and Development.

Full Text

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[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27560-27570]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09240]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for Rail Research and Development
Center of Excellence

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of funding opportunity (NOFO or notice).

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SUMMARY: This notice details the application requirements and
procedures to obtain funding to establish and maintain a Rail Research
and Development Center of Excellence. This NOFO solicits applications
for the Rail Research and Development Center of Excellence funds made
available by the Consolidated Appropriations Act, 2022, and the
Consolidated Appropriations Act, 2023. The opportunity described in
this notice is made available under Assistance Listings Number 20.313
Railroad Research and Development.

DATES: Applications for funding under this solicitation are due no
later than 5:00 p.m. ET July 3, 2023. Applications that are incomplete
or received after 5:00 p.m. ET on June 16, 2023 will not be considered
for funding. See section D of this notice for additional information on
the application process.

ADDRESSES: Applications must be submitted via <a href="http://www.Grants.gov">www.Grants.gov</a>. Only
applicants who comply with all submission requirements described in
this notice and submit applications through <a href="http://www.Grants.gov">www.Grants.gov</a> will be
eligible for award. For any supporting application materials that an
applicant is unable to submit via <a href="http://www.Grants.gov">www.Grants.gov</a> (such as oversized
engineering drawings), an applicant may submit an original and two (2)
copies to <a href="/cdn-cgi/l/email-protection#4f091d0e6201000900621c3a3f3f203d3b0f2b203b61282039">[email&#160;protected]</a>.

FOR FURTHER INFORMATION CONTACT: For further information regarding
project- or program-related information in this notice, please contact
Tarek Omar, Office of Research, Development, and Technology, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Room W36-306,
Washington, DC 20590; email: <a href="/cdn-cgi/l/email-protection#76021704131d58191b17043612190258111900">[email&#160;protected]</a>; phone: 202-493-6189.
Grant application submission and processing questions should be
addressed to <a href="/cdn-cgi/l/email-protection#f7b1a5b6dab9b8b1b8daa4828787988583b7939883d9909881">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:
Notice to applicants: FRA recommends that applicants read this
notice in its entirety prior to preparing application materials. The
definitions of key terms used throughout the NOFO are listed under the
Program Description in section A(2). There are several administrative
prerequisites and specific eligibility requirements described herein
that applicants must comply with to submit an application.
Additionally, applicants should note that the required Program
Narrative component of the application package may not exceed 40 pages
in length.

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

1. Overview

On November 15, 2021, President Biden signed into law the
Infrastructure Investment and Jobs Act, also known as the Bipartisan
Infrastructure Law (BIL). Public Law 117-58. The BIL authorized the
Secretary of Transportation to fund a rail research and development
center of excellence (CoE) to advance research and development that
improves the safety, efficiency, and reliability of passenger and
freight rail transportation. 49 U.S.C. 20108. The Secretary is
authorized to fund the cost of establishing and maintaining the CoE and
related research activities. Only one CoE may be established, but that
CoE may reside at one institution or be a consortium of member
institutions.
The CoE would provide funding to entities that meet the criteria in
49 U.S.C. 20108(j)(2) for research activities that would include basic
and applied research, evaluation, education, workforce development, and
training efforts related to safety, project delivery, efficiency,
reliability, resiliency, and sustainability of urban commuter,
intercity high-speed and freight rail transportation, to include
advances in rolling stock, advanced Positive Train Control, human
factors, rail infrastructure, shared corridors, grade crossing safety,
inspection technology, remote sensing, rail systems maintenance,
network resiliency, operational reliability, energy efficiency, and
other advanced technologies. 49 U.S.C. 20108(j)(4). The purpose of this
notice is to solicit applications to establish and maintain a CoE for
the purpose of pursuing such eligible rail research and development
activities. In this NOFO, ``CoE Program'' refers to the

[[Page 27561]]

activities to maintain and establish the CoE, and ``Project'' refers to
the research activities conducted by the CoE or its subrecipients.
FRA is committed to advancing safe, efficient transportation,
including through the research developed by the CoE Program.
In addition, FRA seeks to fund projects under the CoE Program that
reduce greenhouse gas emissions in the transportation sector,
incorporate evidence-based climate resilience measures and features,
reduce the lifecycle greenhouse gas emissions from the project
materials, and 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).
FRA also seeks to award projects under the CoE Program will create
proportional beneficial impacts to all populations in a project area,
remove transportation related disparities 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).
Finally, FRA intends to use the projects resulting from the CoE
Program 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). FRA also intends to use the CoE Program 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.
Section E of this NOFO, which outlines the grant selection
criteria, describes the process for selecting a CoE. Section F(3)
describes progress and performance reporting requirements for the
selected CoE Program, and as applicable, Projects.

2. Definitions of Key Terms

a. ``Consortium,'' for the purpose of this NOFO, means a meaningful
arrangement with all members involved in planning and implementing the
proposed activity or activities. A consortium is a long-term
relationship between and among the members and will last for the full
performance of the activity. In this NOFO, consortium refers to both
the arrangement that may exist among members to establish the CoE or
the arrangement between entities eligible to receive funding from the
CoE.
b. ``Institution of higher education'' (``IHE'') is an educational
institution in any State that (1) admits as regular students only
persons having a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such a
certificate, or persons who meet the requirements of 20 U.S.C. 1091(d);
(2) is legally authorized within such State to provide a program of
education beyond secondary education; (3) provides an educational
program for which the institution awards a bachelor's degree or
provides not less than a 2-year program that is acceptable for full
credit toward such a degree, or awards a degree that is acceptable for
admission to a graduate or professional degree program, subject to
review and approval by the Secretary of Education; (4) is a public or
other nonprofit institution; and (5) is accredited by a nationally
recognized accrediting agency or association, or if not so accredited,
is an institution that has been granted pre-accreditation status by
such an agency or association that has been recognized by the Secretary
of Education for the granting of pre-accreditation status, and the
Secretary of Education has determined that there is satisfactory
assurance that the institution will meet the accreditation standards of
such an agency or association within a reasonable time. ``Institution
of higher education'' also includes (1) any school that provides not
less than a 1-year program of training to prepare students for gainful
employment in a recognized occupation and that meets the provision of
paragraphs (1), (2), (4), and (5) of 20 U.S.C. 1001(a); and (2) a
public or nonprofit private educational institution in any State that,
in lieu of the requirement in subsection 20 U.S.C. 1001(a)(1), admits
as regular students individuals who (1) are beyond the age of
compulsory school attendance in the State in which the institution is
located; or (2) who will be dually or concurrently enrolled in the
institution and a secondary school.
c. ``Minority-serving institution'' (MSI) means an IHE whose
enrollment of a single minority or a combination of minorities exceeds
50 percent of the total enrollment, as defined in section 365 of the
Higher Education Act of 1965 (HEA) (20 U.S.C. 1067k). 20 U.S.C. 1067k
defines the term ``minority'' to mean: ``American Indian, Alaskan
Native, Black (not of Hispanic origin), Hispanic (including persons of
Mexican, Puerto Rican, Cuban, and Central or South American origin),
Pacific Islander or other ethnic group underrepresented in science and
engineering.'' If the application includes any minority-serving
institution(s) according to the definition in 20 U.S.C. 1067k, then for
each such institution provide enrollment numbers, from the most recent
semester/term where numbers are available, that show the institution
meets the definition stated here.
d. Hispanic-serving institution (HSI) means an IHE that is (1) an
eligible institution under 20 U.S.C.1101(a)(2); and (2) has an
enrollment of undergraduate full-time equivalent students that is at
least 25 percent Hispanic students at the end of the award year
immediately preceding the date of application.
e. Historically Black colleges and universities (HBCU) are
institutions established prior to 1964 whose principal mission was, and
is, the education of Black Americans, and must (1) satisfy section 322
of the HEA, as amended; (2) be legally authorized by the State in which
it is located to be a junior or community college; or to provide an
educational program for which it awards a bachelor's degree; and (3) be
accredited or pre-accredited by a nationally recognized accrediting
agency or association.
f. ``National Environmental Policy Act (NEPA)'' is a Federal law
that requires Federal agencies to analyze and document the
environmental impacts of a proposed action in consultation with
appropriate Federal, State, and local authorities, and with the public.
NEPA classes of action include the Environmental Impact Statement,
Environmental Assessment, or Categorical Exclusion. The NEPA class of
action depends on the nature of the proposed action, its complexity,
and its potential impacts. For purposes of this NOFO, NEPA also
includes all related Federal laws and regulations, including the Clean
Air Act (42 U.S.C. 7401 et seq.), section 4(f) of the Department of
Transportation Act, section 7 of the Endangered Species Act, and
section 106 of the National Historic Preservation Act. Additional
information regarding FRA's

[[Page 27562]]

environmental processes and requirements are located on the FRA
website.
g. ``Transformation'' means to design for the future, invest in
purpose-driven research and innovation to meet the challenges of the
present, and modernize a transportation system of the future that
serves everyone today and in the decades to come.

B. Federal Award Information

1. Available Award Amount

The total funding available for an award under this NOFO is $ 2.5
million, annually, subject to the availability of funds. The combined
funding amount available for fiscal years 2022 and 2023 under this NOFO
is $5 million. Should additional CoE Program funds become available in
fiscal year 2024 after the release of this NOFO, FRA may elect to award
such additional funds to the CoE Program selected under this NOFO.

2. Award Size

Each year, for a total of three years, FRA anticipates providing
$2.5 million to the CoE, subject to the availability of appropriations.
The total amount available for the first two years of funding under
this award is $5 million--$2.5 million for fiscal year 2022 and $2.5
million for fiscal year 2023. An additional $2.5 million will be made
available in fiscal year 2024 subject to the availability of
appropriations. The period of performance for the grant to establish
and maintain the CoE will be 3 years, after which FRA will conduct a
new competition, depending on funding availability. There are no
predetermined maximum dollar thresholds for individual projects funded
through the CoE. The CoE may fund multiple subawards with the available
funding. (see section E, Application Review Information). The CoE
Program and individual projects may require more funding than is
available. FRA strongly encourages applicants to identify and include
other State, local, public, or private funding or financing to support
the CoE Program (and projects funded through the CoE, as applicable).

3. Award Type

FRA will make awards for the CoE Program selected under this notice
through a cooperative agreement. Cooperative agreements allow for
substantial Federal involvement in carrying out the agreed-upon award,
including technical assistance, review of interim work products, and
increased program oversight. The term ``grant'' is used throughout this
document and refers to funding awarded through a cooperative agreement.
The funding provided under this NOFO will be made available to grantees
on a reimbursable basis. Grantees must be able to certify that
expenditures are allowable, allocable, reasonable, and necessary to the
approved activity before seeking reimbursement from FRA. Additionally,
the grantee is expected to expend matching funds at the required
percentage, as described in section C.2 of this NOFO, concurrent with
Federal funds throughout the life of the CoE Program. See an example of
standard terms and conditions for FRA grant awards on the FRA website.
This template is subject to revision.

C. Eligibility Information

This section of the notice explains applicant eligibility, cost
sharing and matching requirements, Program eligibility and project
eligibility. Applications that do not meet the requirements in this
section will be ineligible for funding. Instructions for submitting
eligibility information to FRA are detailed in section D of this NOFO.

1. Eligible Applicants

Eligible applicants are those with strong past performance related
to rail research, education, and workforce development activities;
whose proposal would involve public and private sector passenger and
freight railroad operators in establishing and maintaining the CoE; and
would have regional and national impacts that align with DOT Strategic
Goals.
Applications must identify an eligible applicant as the lead
applicant. An application may identify entities that are not eligible
applicants as project partners to the extent of such entities' proposed
participation. If an application proposes multiple institutions to form
the CoE together, the application must still identify a lead applicant.
The lead applicant will serve as the primary point of contact for the
application, and as the grantee of the CoE Program grant award;
responsibilities for administering the CoE should be described in the
CoE Description and Statement of Work in section D.

2. Cost Sharing or Matching

The Federal share of total costs of establishing and maintaining
the CoE and any related research activities funded under this notice
will not exceed 50 percent. The estimated total cost to an applicant
must be based on the best available information.
The minimum 50 percent non-Federal share may be comprised of public
sector (e.g., State or local) or private sector funding. FRA will not
consider any Federal financial assistance, nor any non-Federal funds
already expended (or otherwise encumbered) toward the matching
requirement unless compliant with 2 CFR 200, including 2 CFR 200.458.
In-kind contributions, including the donation of services, materials,
and equipment, may be credited as a project cost, in a uniform manner
consistent with 2 CFR 200.306. Applicants must identify the source(s)
of their matching and other leveraged funds, and must clearly and
distinctly reflect these funds as part of the total Program cost in the
application budget.
Funding under this NOFO may not be used for costs that are included
in, or used to meet cost sharing or matching requirements of, any other
federally financed award or program. If the applicant is seeking
additional funding for a project that has already received Federal
financial assistance, costs associated with the scope of work for the
existing Federal award are not eligible for funding under this NOFO.
Only new projects selected under this award are eligible for funding
under this NOFO.
Before applying, applicants should carefully review the principles
for cost sharing or matching in 2 CFR 200.306. See section D for
required application information on non-Federal match and section E for
further discussion of FRA's consideration of matching funds in the
review and selection process. FRA will only approve pre-award costs
consistent with 2 CFR 200.458, as applicable. See section D(6).

3. Other

a. Program Eligibility
The CoE Program must establish and maintain a center to advance
research and development that improves the safety, efficiency, and
reliability of passenger and freight rail transportation. The
overarching goal of the Program and all projects receiving funding
through the CoE should be transformation, which is one of the DOT
Strategic Goals. The components of the CoE Program eligible for funding
under this NOFO are establishing the CoE, maintaining the CoE, and
providing funding for Projects consistent with the requirements in 49
U.S.C. 20108(j). To fund such Projects, the CoE will evaluate Project
applications and provide funding to entities that meet the eligibility
criteria in 49 U.S.C. 20108(j)(2) for Projects consistent with goals
described in 49 U.S.C. 20108(j)(4).
Projects eligible for funding through the CoE and consistent with
this NOFO

[[Page 27563]]

must be for basic and applied research, evaluation, education,
workforce development, and training efforts related to safety, project
delivery, efficiency, reliability, resiliency, and sustainability of
urban commuter, intercity high-speed, and freight rail transportation--
to include advances in rolling stock, advanced Positive Train Control,
human factors, rail infrastructure, shared corridors, grade crossing
safety, inspection technology, remote sensing, rail systems
maintenance, network resiliency, operational reliability, energy
efficiency, and other advanced technologies. The following entities are
eligible applicants to receive a grant from the CoE, established
pursuant to section A.1: An IHE (as defined in section 101 of HEA [20
U.S.C. 1001]) or a consortium of nonprofit IHEs. Members of the CoE may
carry out certain Projects eligible under the Program.
A portion of the funds will be directed to activities consistent
with 49 U.S.C. 20108(j)(1), and a portion of the funds will be directed
to subrecipients for Projects consistent with section 20108(j)(4).
Agreements with subrecipients must comply with the requirements in 2
CFR 200, including but not limited to 200.331, 200.332, and 200.333.
FRA will review the recipient's process for selecting subrecipients or
contractors to ensure compliance with Federal requirements.

D. Application and Submission Information

Required documents for the application are outlined in the
following paragraphs. Applicants must complete and submit all
components of the application. See section D(2) for the application
checklist. FRA welcomes the submission of other relevant supporting
documentation that the applicant would like to submit.

1. Address To Request Application Package

Application materials may be accessed at <a href="http://www.Grants.gov">http://www.Grants.gov</a>.
Applicants must submit all application materials in their entirety
through <a href="http://www.Grants.gov">http://www.Grants.gov</a> no later than 5:00 p.m. ET on July 3,
2023. Applicants are strongly encouraged to apply early to ensure all
materials are received before the application deadline, as it may take
a number of weeks to establish a <a href="http://Grants.gov">Grants.gov</a> account. FRA reserves the
right to modify this deadline. General information for submitting
applications through <a href="http://Grants.gov">Grants.gov</a> can be found at the FRA website. FRA is
committed to ensuring that information is available in appropriate
alternative formats to meet the requirements of persons with
disabilities. If you require an alternative version of files provided,
please contact Laura Mahoney, Office of the Chief Financial Officer,
Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590; email <a href="/cdn-cgi/l/email-protection#2844495d5a490645494047464d51684c475c064f475e">[email&#160;protected]</a>; phone: 202-578-9337.

2. Content and Form of Application Submission

FRA urges applicants to read this section carefully. Applicants
must submit all required information and components of the application
package to be considered for funding. Late applications or those
missing required documentation will not be considered. Applicants may
provide additional documents to support an application.
All application materials must be written in Times New Roman font,
12-point, with 8.5 x 11'' with 1'' margins; tables and figures may
deviate from this standard. Do not rely on hyperlinks to external
websites that provide supplemental content to the information contained
in the proposal, as reviewers will be instructed not to view them.
Required documents for an application package are outlined in the
checklist below.
a. Program Narrative
(1) Program Narrative Elements
This section describes the minimum content required in the Program
Narrative component of the application. The Program Narrative must
follow the basic outline below to address the Program requirements and
assist evaluators in locating relevant information.

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I. Cover Page....................... See D.2.a.(1)(a).
II. Program Summary................. See D.2.a.(1)(b).
III. Program Funding Summary........ See D.2.a.(1)(c).
IV. Applicant Eligibility........... See D.2.a.(1)(d).
V. Program Eligibility.............. See D.2.a.(1)(e).
VI. Location........................ See D.2.a.(1)(f).
VII. Detailed CoE Description and See D.2.a.(1)(g).
Research Plan.
VIII. Meeting the Evaluation and See D.2.a.(1)(h).
Selection Criteria.
IX. Program Implementation and See D.2.a.(1)(i).
Management.
X. DOT Strategic Goals.............. See D.2.a.(1)(j).
------------------------------------------------------------------------

The above content must be provided in a narrative statement
submitted by the applicant. The Program Narrative may not exceed 40
pages in length (excluding cover page, table of contents, and
supporting documentation). If supporting documents are submitted,
applicants must clearly identify the page number(s) in the Program
Narrative that the documentation supports. The Program Narrative must
adhere to the following outline:
(a) Cover Page: Include a cover page that lists the following
elements in either a table or formatted list: title; location (i.e.,
city, State, congressional district); applicant organization name; name
of any other institutions the applicant proposed to be members of the
CoE; any participating MSIs and/or HBCUs; Federal funding requested
under this NOFO; and proposed non-Federal match; other sources of
Federal funding, if applicable; and total CoE Program cost.
(b) Program Summary: Provide a brief, 4-6-sentence summary of the
proposed CoE Program and what the CoE Program will entail, including
the types of Projects the applicant intends to conduct or cause to be
conducted. Include challenges the proposed CoE Program aims to address,
and summarize the intended outcomes and anticipated benefits that will
result.
(c) Program Funding Summary: Indicate, in table format, the amount
of Federal funding requested, the proposed non-Federal match,
identifying contributions from the private sector if applicable, and
total CoE Program cost. Identify the source(s) of matching and other
funds, and clearly and distinctly reflect these funds as part of the
total CoE Program cost in the application budget. If applicable,
provide the type and estimated value of any proposed in-kind
contributions, as well as substantiate how the contributions meet the
requirements in 2 CFR 200.306.
Additionally, describe the proposed approach to allocating funds
for establishing the COE, maintaining the

[[Page 27564]]

CoE and for conducting research Projects, including how funds will be
allocated for research conducted by other eligible entities. Include,
as attachments or in an appendix, funding commitment letters outlining
funding agreements. If Federal funding is proposed as a match,
demonstrate the applicant's determination of eligibility for such use,
and the legal basis for that determination. Also, note if the requested
Federal funding under this NOFO or other programs must be obligated or
spent by a certain date due to dependencies or relationships with other
Federal or non-Federal funding sources, related projects, law, or other
factors. Finally, specify whether Federal funding for the CoE Program
has previously been sought, and identify the Federal program and fiscal
year of the funding request(s), as well as highlight new or revised
information in this CoE Program application that differs from the
application(s) to other financial assistance programs.
Example Program Funding Table:

----------------------------------------------------------------------------------------------------------------
Task name/project Percentage of
Task # component Cost total cost
----------------------------------------------------------------------------------------------------------------
1..................................... ......................... ............................. ..............
2..................................... ......................... ............................. ..............
------------------------------------------------------------------
Total Program Cost............................................... ............................. ..............
Federal Funds Received from Previous Grant (if any).............. ............................. ..............
Federal Funding Request.......................................... ............................. ..............
Non-Federal Funding/Match........................................ Cash:
In-Kind:
Portion of Non-Federal Funding from Private Sector............... ............................. ..............
Pending Federal Funding Requests................................. ............................. ..............
----------------------------------------------------------------------------------------------------------------

(d) Applicant Eligibility: Explain how the applicant meets the
applicant eligibility criteria outlined in section C of this notice. If
the application is proposing a CoE with multiple members (i.e., a
consortium), the application must be signed by an authorized
representative of each member and must include a description of the
roles and responsibilities of each member, including budget and
subrecipient information showing how the members will share CoE Program
costs and how research activities will be conducted.
(e) Program Eligibility: Identify how the program that the
applicant intends to pursue meets the criteria identified in section
C(3) of this notice. Include challenges the proposed program aims to
address, and summarize the intended outcomes and anticipated benefits
that will result.
(f) Location: Include the address of the lead applicant and all
other members in the consortium, if applicable, as well as the location
of potential research activities, if known.
(g) Detailed CoE Description and Research Plan: Include a detailed
CoE Program description that expands upon the brief program summary.
This detailed description should provide, at a minimum, background on
the challenges the CoE Program aims to address; the expected users and
beneficiaries of the CoE Program, including all railroad operators, if
applicable; the specific components and elements of the CoE Program;
the suggested basic and applied research and its potential impacts; how
the applicant would conduct any research in-house as well as in
collaboration with consortium members (if applicable); how the
applicant would announce, evaluate for selection, and fund research
projects conforming to the research areas identified in section C(3)
and any other information the applicant deems necessary to justify the
proposed CoE Program. The applicant must delineate and describe the
cost to establish the CoE, maintain the CoE, and costs to be used for
research projects. The applicant must also include how it plans to
administer CoE research funds through subawards, including a plan for
providing the following information to FRA: identifying the
subrecipient (particularly if the applicant has information on specific
potential subrecipients); the role of the subrecipient; and how the
applicant plans to monitor the subrecipient. Include a description of
how the applicant intends to ensure Projects funded through the CoE
meet the eligibility criteria in section C(3). The applicant should
address how the proposed CoE Program will meet the Transformation goal
to design for the future and invest in purpose-driven research and
innovation to meet the challenges of the present and modernize a
transportation system of the future that serves everyone today and in
the decades to come.\1\ The applicant should identify how the proposed
Program will match research and policy to advance breakthroughs; foster
experimentation to identify new ideas; involve collaboration to
accelerate the adoption of innovations and technologies; and provide
flexibility and adaptability for transportation system investments to
accommodate and respond to changing needs and capabilities to provide
long-term benefits. To that end, the Program description should address
how it will evaluate and select projects for subawards pursuant to 49
U.S.C. 20108(j)(4). Applicants must provide information about proposed
performance measures, as described in section F(3) and required in 2
CFR 200.301. Further, applicants must provide plans for taking
affirmative steps to employ small businesses, consistent with 2 CFR
200.321.
---------------------------------------------------------------------------

\1\ U.S. Department of Transportation, Strategic Plan FY 2022-
2026.
---------------------------------------------------------------------------

(h) Meeting the Evaluation and Selection Criteria: Include a
thorough discussion of how the proposed Program meets all the
evaluation criteria and selection criteria, as outlined in section E of
this notice. If an application does not sufficiently address how the
proposal meets the evaluation and selection criteria, it is unlikely to
be a competitive application.
(i) Program Implementation and Management: Describe proposed
Program implementation and project management arrangements. Include
descriptions of the expected arrangements for project contracting,
contract oversight, change-order management, risk management, and
conformance to Federal requirements for project progress reporting.
Describe past experience in managing and overseeing similar projects.
Additionally, CoE grantees must conduct technology transfer to make
research results available to potential users in a form that can be
implemented, utilized, commercialized, or otherwise applied. Describe
the technology transfer activities that the applicant will undertake to
ensure the successful transfer of information and technology to those
who can use it, especially current transportation

[[Page 27565]]

practitioners. Provide examples of prior experience in outreach,
dissemination, and technology transfer activities related to
transportation research and education.
(j) DOT Strategic Goals: Applicants are encouraged to describe
efforts to consider safety, climate change and sustainability impacts,
efforts to improve equity and reduce barriers to opportunity in project
planning, as well as how the project will transform the nation's
transportation infrastructure within the project area or wider rail
network to improve operations, increase capacity, and maintain existing
assets. In addition, applicants should describe how planning activities
and Program delivery actions advance good-paying, quality jobs and
workforce programs and hiring policies that promote workforce
inclusion. Additional information about strong labor standards that
grant award recipients will be expected to meet are described below in
Administrative and National Policy Requirements (section F(2)).
(2) Additional Application Elements
Applicants must submit the following documents and forms. Note, the
Standard OMB Forms needed for the electronic application process are at
<a href="http://www.Grants.gov">www.Grants.gov</a>.
(a) A Statement of Work (SOW) addressing the objective, scope,
schedule, budget, and performance measures for the proposed Program if
the applicant were selected for award. The SOW must contain sufficient
detail so FRA, and the applicant, can understand the expected outcomes
of the proposed work to be performed as well as the eligibility of the
work under this NOFO, and can monitor progress toward completing tasks
and deliverables during a prospective grant's period of performance.
The SOW should also describe how funds will be budgeted across
consortium members (if applicable). Applicants may use FRA's standard
SOW, schedule, budget, and performance measures templates to guide
their submissions. The four templates are labeled Example General
Grants--Attachments 2-5 and are located on the FRA website. When
preparing the budget, the total cost of a project must be based on the
best available information as indicated in cited references.
(b) Curriculum vitae for key personnel, limited to two pages per
individual.
(c) Environmental compliance. After selection, FRA will work with
the grantee(s) to ensure compliance with NEPA, section 106 of the
National Historic Preservation Act of 1966, as amended, and other
applicable environmental laws.
(d) SF 424--Application for Federal Assistance.
(e) SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
(f) SF 424B--Assurances for Non-Construction or SF 424D--Assurances
for Construction.
(g) FRA F 30--Certifications Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements, and
Lobbying, located at: <a href="https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters">https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters</a>.
(h) FRA F 251--Applicant Financial Capability Questionnaire.
(i) SF LLL--Disclosure of Lobbying Activities.

3. Unique Entity Identifier (UEI), System for Award Management (SAM),
and Submission Instructions

To apply for funding through <a href="http://Grants.gov">Grants.gov</a>, applicants must be
properly registered in SAM before submitting an application, provide a
valid unique entity identifier in its application, and continue to
maintain an active SAM registration as described in detail below.
Complete instructions on how to register and submit an application can
be found at <a href="http://www.Grants.gov">www.Grants.gov</a>. Registering with <a href="http://Grants.gov">Grants.gov</a> is a one-time
process; however, it can take up to several weeks for first-time
registrants to receive confirmation and a user password. FRA recommends
that applicants start the registration process as early as possible to
prevent delays that may preclude submitting an application package by
the application deadline. Applications will not be accepted after the
due date. Delayed registration is not an acceptable justification for
an application extension.
FRA may not make a grant award to an applicant until the applicant
has complied with all applicable UEI and SAM requirements. (Note that
if a UEI number must be obtained or renewed, this may take a
significant amount of time to complete.) If an applicant has not fully
complied with these requirements by the time the Federal awarding
agency is ready to make an award, the agency may determine that the
applicant is not qualified to receive a Federal award and use that
determination as a basis for making a Federal award to another
applicant. Late applications that are the result of a failure to
register or comply with <a href="http://Grants.gov">Grants.gov</a> applicant requirements in a timely
manner will not be considered. If an applicant has not fully complied
with the requirements by the submission deadline, the application will
not be considered. To submit an application through <a href="http://Grants.gov">Grants.gov</a>,
applicants must:
a. Register with the SAM at <a href="http://www.SAM.gov">www.SAM.gov</a>.
All applicants for Federal financial assistance must maintain
current registrations in the SAM database. An applicant must be
registered in SAM to successfully register in <a href="http://Grants.gov">Grants.gov</a>. The SAM
database is the repository for standard information about Federal
financial assistance applicants, recipients, and subrecipients.
Organizations that have previously submitted applications via
<a href="http://Grants.gov">Grants.gov</a> are already registered with SAM, as it is a requirement for
<a href="http://Grants.gov">Grants.gov</a> registration. Please note, however, that applicants must
update or renew their SAM registration at least once per year to
maintain an active status. Therefore, it is critical to check
registration status well in advance of the application deadline. If an
applicant is selected for an award, the applicant must maintain an
active SAM registration with current information throughout the period
of the award. Information about SAM registration procedures is
available at www.sam.gov.
b. Obtain a Unique Entity Identifier
On April 4, 2022, the Federal Government discontinued using DUNS
numbers. The DUNS number was replaced by a new, non-proprietary
identifier that is provided by the System for Award Management
(<a href="http://SAM.gov">SAM.gov</a>). This new identifier is called the UEI, or the Entity ID. To
find or request a Unique Entity Identifier, please visit www.sam.gov.
c. Create a <a href="http://Grants.gov">Grants.gov</a> Username and Password
Applicants must complete an Authorized Organization Representative
(AOR) profile on <a href="http://www.Grants.gov">www.Grants.gov</a> and create a username and password.
Applicants must use the organization's UEI number to complete this
step. Additional information about the registration process is
available at: <a href="https://www.grants.gov/web/grants/applicants/organization-registration.html">https://www.grants.gov/web/grants/applicants/organization-registration.html</a>.
d. Acquire Authorization for Your AOR From the E-Business Point of
Contact (E-Biz POC)
The applicant organization's E-Biz POC must respond to the
registration email from <a href="http://Grants.gov">Grants.gov</a> and log in at <a href="http://www.Grants.gov">www.Grants.gov</a> to
authorize the applicant as the AOR. Please note there

[[Page 27566]]

can be more than one AOR for an organization.
e. Submit an Application Addressing All Requirements Outlined in This
NOFO
If an applicant experiences difficulties at any point during this
process, please call the <a href="http://Grants.gov">Grants.gov</a> Customer Center Hotline at 1-800-
518-4726, 24 hours a day, 7 days a week (closed on Federal holidays).
For information and instructions on each of these processes, please see
instructions at: <a href="http://www.grants.gov/web/grants/applicants/apply-for-grants.html">http://www.grants.gov/web/grants/applicants/apply-for-grants.html</a>

4. Submission Dates and Times

Applicants must submit complete applications to <a href="http://www.Grants.gov">www.Grants.gov</a> no
later than 5:00 p.m. ET, July 3, 2023. Applicants will receive a
system-generated acknowledgement of receipt. FRA reviews <a href="http://www.Grants.gov">www.Grants.gov</a>
information on dates/times of applications submitted to determine the
timeliness of submissions. Late applications will be neither reviewed
nor considered. Delayed registration is not an acceptable reason for
late submission. To apply for funding under this announcement, all
applicants are expected to be registered as an organization with
<a href="http://Grants.gov">Grants.gov</a>. Applicants are strongly encouraged to apply early to ensure
all materials are received before this deadline. To ensure a fair
competition of limited discretionary funds, the following conditions
are not valid reasons to permit late submissions: (1) failure to
complete the <a href="http://Grants.gov">Grants.gov</a> registration process before the deadline; (2)
failure to follow <a href="http://Grants.gov">Grants.gov</a> instructions on how to register and apply
as posted on its website; (3) failure to follow all the instructions in
this NOFO; and (4) technical issues experienced with the applicant's
computer or information technology environment.

5. Intergovernmental Review

Executive Order 12372 requires applicants from State and local
units of government or other organizations providing services within a
State to submit a copy of the application to the State Single Point of
Contact (SPOC), if one exists, and if this program has been selected
for review by the State. Applicants must contact their State SPOC to
determine if the program has been selected for State review.

6. Funding Restrictions

Consistent with 2 CFR 200.458, FRA, as applicable, will only
approve pre-award costs if such costs are incurred pursuant to the
negotiation and in anticipation of the grant agreement and if such
costs are necessary for the efficient and timely performance of the
scope of work. Under 2 CFR 200.458, grantees must seek written approval
from the administering agency for pre-award activities to be eligible
for reimbursement under the grant. Activities initiated prior to the
execution of a grant or without written approval may not be eligible
for reimbursement or included as a grantee's matching contribution.

7. Other Submission Requirements

If an applicant experiences difficulties at any point during this
process, please call the <a href="http://Grants.gov">Grants.gov</a> Customer Center Hotline at 1-800-
518-4726, 24 hours a day, 7 days a week (closed on Federal holidays).
For information and instructions on each of these processes, please see
instructions at: <a href="http://www.grants.gov/web/grants/applicants/apply-for-grants.html">http://www.grants.gov/web/grants/applicants/apply-for-grants.html</a>.
For any supporting application materials that an applicant cannot
submit via <a href="http://Grants.gov">Grants.gov</a>, such as oversized engineering drawings, an
applicant may submit an original and two (2) copies to Tarek Omar,
Federal Railroad Administration, Room W38-306 1200 New Jersey Avenue
SE, Washington, DC 20590, or a copy via email: <a href="/cdn-cgi/l/email-protection#14524655395a5b525b39476164647b666054707b603a737b62">[email&#160;protected]</a>. However, due to delays caused by enhanced screening of
mail delivered via the U.S. Postal Service, FRA advises applicants to
use other means of conveyance (such as courier service) to assure
timely receipt of materials before the application deadline.
Additionally, if documents can be obtained online, explaining to FRA
how to access files on a referenced website may also be sufficient.
Note: Please use generally accepted formats such as .pdf, .doc,
.docx, .xls, .xlsx, and .ppt when uploading attachments. While
applicants may embed picture files, such as .jpg, .gif, and .bmp in
document files, applicants should not submit attachments in these
formats. Additionally, the following formats will not be accepted:
.com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora,
.sys, and .zip.

E. Application Review Information

1. Criteria

a. Eligibility and Completeness Review
FRA will first screen each application for applicant and Program
eligibility (eligibility requirements are outlined in section C of this
notice), completeness (application documentation and submission
requirements are outlined in section D of this notice), and the 50
percent minimum match in determining whether the application is
eligible. Any application FRA finds ineligible during this screen will
not be advanced to evaluation.
b. Evaluation Criteria
FRA will evaluate all eligible and complete applications using the
evaluation criteria outlined in this section to determine program
benefits and technical merit.
(1) Program Benefits
FRA will evaluate the anticipated benefits of the proposed Program
detailed in the Program Narrative, budget and CoE description.
Considerations include:
(a) The applicant's demonstrated leadership capacity to address
rail transportation problems and advance rail transportation expertise
and technology. This should include:
(i) Examples of applicant's high standing within the national arena
of rail transportation research as evidenced by activities such as
publications, committee work, participation in professional
transportation organizations and conferences (e.g., presentations,
steering committees, session chairs, etc.), awards, and other
indicators of leadership excellence.
(ii) The extent to which the CoE Program will have regional and
national impacts and examples of the applicant's experience in
contributing to the solution of local, regional, and/or national rail
transportation problems.
(iii) Demonstrated leadership in the development and delivery of
programs. This includes innovative rail transportation education,
workforce development, technology transfer, and research activities.
(b) The extent to which the applicant will involve public and
private sector passenger and freight railroad operators and the
composition of any existing or planned stakeholder engagement and/or
other entity, expected to provide technical input as research is being
conducted.
(c) The degree to which the applicant's proposed activities are
multimodal and multidisciplinary in scope, and how such an emphasis
improves or expands the quality of the research.
(d) The extent of the applicant's background in education and
workforce development efforts. How the applicant's management of the
CoE and proposed projects will result in the development of a
transportation workforce that is prepared to design, deploy, operate,
and maintain the complex transportation systems of the future. How the
applicant's engagement

[[Page 27567]]

in this Program will be leveraged to support education and workforce
development activities.
(e) Evidence of a commitment to working with underrepresented/
underserved communities. This commitment can be demonstrated if the
applicant is an MSI or HBCU; if applicant is partnering with an MSI or
HBCU; and/or if the applicant has a demonstrated association with other
stakeholder group or groups representing or serving underrepresented/
underserved communities. Each applicant that is not a MSI or a HBCU is
encouraged to partner with an MSI or HBCU, or other organization
representing underserved/underrepresented communities and submit a
joint application. This is in keeping with several Executive Orders.
Executive Order 13985 (January 20, 2021) states in section 6 that ``The
Federal Government should, consistent with applicable law, allocate
resources to address the historic failure to invest sufficiently,
justly, and equally in underserved communities, as well as individuals
from those communities.'' Executive Order 14041 (September 3, 2021), in
section 2(b)(D), promotes ``strengthening the capacity of HBCUs to
participate in Federal programs, access Federal resources, including
grants and procurement opportunities, and partner with Federal
agencies.'' And Executive Order 14045 (September 13, 2021) established
a Presidential Advisory Commission to investigate and suggest to the
President ``ways to strengthen the capacity of institutions, such as
[Hispanic-serving institutions] (HSIs), to equitably serve Hispanic and
Latino students and increase the participation of Hispanic and Latino
students, Hispanic-serving school districts, and the Hispanic community
in the programs of the Department [of Education] and other agencies.''
(f) The extent to which a proposal incorporates Executive Order
14008 (January 27, 2021) in its research plans. Executive Order on
Tackling the Climate Crisis at Home and Abroad demands a government-
wide approach to the crisis, ``to build a modern and sustainable
infrastructure, deliver an equitable, clean energy future, and put the
United States on a path to achieve net-zero emissions, economy-wide, by
no later than 2050.''
(g) The extent to which the application demonstrates the
applicant's ability and preparation to support meaningful research soon
after the grant is awarded.
(2) Technical Merit
The evaluation of Technical Merit will include an assessment of:
(a) The applicant's existing expertise and ability to evaluate,
support, and, as applicable, conduct any proposed research activities,
including:
(i) Examples of significant impacts of related past rail research,
including a description of products or patents, or a change in
practice, or instances of informing policy decisions.
(ii) Examples of research included in peer-reviewed journals,
publications, and conferences that exemplifies an applicant's
experience in the topical subject matter and/or with the research
methods, data sources, stakeholders, etc., relevant to the chosen
topic.
(iii) Qualifications of faculty and staff expected to be involved
in the applicant's proposed activities.
(b) The research resources and existing programs already available
to evaluate, conduct, and oversee any proposed research activities,
including those at consortium universities including, if relevant to
the transportation research:
(i) Dedicated laboratory space
(ii) Specialized computer or other technical equipment
(iii) IHE support personnel with particular knowledge of
transportation research needs
(c) Demonstrated experience and approach to successfully selecting,
managing and overseeing subawards and contracts consistent with 2 CFR
part 200, and plans for evaluating Project proposals for subawards
including whether such plans include assessment for technical merit,
alignment with research objectives and the DOT Strategic Goal of
Transformation. This will include an assessment of the applicant's
experience and proposed approach to informing FRA about its work
including subreipient identity, applicant's role, and magnitude of
funds transferred.
(d) The performance metrics (at least two) that the applicant
proposes to assess its performance and subrecipient performance in
meeting research project and CoE goals; and how the applicant will
obtain and maintain the information included in those metrics.
(e) Applicant's management approach and procedures, and how it will
implement planning activities and produce results in an effective,
timely, and cost-efficient manner, including:
(i) Plans for overall management and oversight of fiscal and
technical activities, including methods for budgeting funds across all
consortium members, ensuring cost efficiency, and a demonstration of
the ability to implement the grant in a cost-efficient and timely
manner.
(ii) The extent to which the applicant has demonstrated commitment
to, and implementation of, peer review and other research best
practices in the selection and management of projects that meet the
eligibility criteria described in 49 U.S.C. 20108(j)(4) and section
C(3).
(iii) If submitting a joint application, details on how tasks and
oversight responsibilities will be distributed.
c. Selection Criteria
(1) Selection Preference: In addition to the eligibility and
completeness review and the evaluation criteria outlined in this
subsection, FRA will apply selection preferences for:
(a) The extent to which an applicant demonstrates strong past
performance in rail research, education, and workforce development.
This includes such examples as developing transformative research,
incorporating climate and clean energy priorities in research, a
demonstrated ability to achieve workforce development goals, MSI/HBCU
participation, a commitment to underrepresented/underserved communities
and economic equity, and the involvement of public and private sector
passenger and freight railroads.
(b) The extent to which an application proposes a non-Federal share
of total project costs greater than 50 percent.
(2) Strategic Goals: FRA will also consider the extent to which the
Program addresses the following additional DOT Strategic Goals:
(a) Safety. FRA will assess the Program's ability to foster a safe
transportation system for the movement of goods and people, consistent
with the Department's Strategic Goal to reduce transportation-related
fatalities and serious injuries across the transportation system. Such
considerations will include, but are not limited to, the extent to
which the Program will improve safety at highway-rail grade crossings,
reduce rail-related trespassing, upgrade infrastructure to achieve a
higher level of safety.
(b) Economic Strength and Global Competitiveness. Infrastructure
Investment and Job Creation. In support of 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), FRA will assess the Program's ability to contribute to
economic progress stemming from infrastructure investment and
associated job creation in the industry. Such considerations

[[Page 27568]]

will include, but are not limited to, the extent to which the CoE will
support the development of a transportation workforce that is prepared
to plan, design, deploy, operate, and maintain the complex
transportation systems of the future. As part of these efforts,
applications must demonstrate a Center's commitment to broadening
participation and attracting new entrants to the transportation field
in order to enhance diversity and inclusion. Diversity is considered to
be the inclusion of the many communities, identitiesm races,
ethnicities, backgrounds, abilities, cultures, and beliefs of the
American people, including underserved communities, and any other
attributes identified as needing to be addressed.
(c) Equity. In support of Executive Order 13985, Advancing Racial
Equity and Support for Underserved Communities Through the Federal
Government (86 FR 7009) and Executive Order 14008, Tackling the Climate
Crisis at Home and Abroad (86 FR 7619), FRA will assess the Program's
ability to address equity and barriers to opportunity, to the extent
possible within the program and consistent with law. Such
considerations will include, but are not limited to, the applicant's
plan for using small businesses to complete projects, the extent to
which the program improves or expands transportation options for
underserved communities, mitigates the safety risks and detrimental
quality of life effects that rail lines can have on communities,
especially those that might have been historically disconnected due to
railroad infrastructure, and expands workforce development and career
pathway opportunities to foster a more diverse rail industry. This will
also include community engagement efforts already taken or planned, the
extent to which engagement efforts are designed to reach impacted
communities, whether engagement is accessible for persons with
disabilities or limited English-proficient persons within the impacted
communities, and how community feedback is considered in decision-
making.
(d) Climate and Sustainability. In support of Executive Order
14008, Tackling the Climate Crisis at Home and Abroad, FRA will assess
the Program's ability to reduce the harmful effects of climate change
and anticipate necessary improvements to prepare for extreme weather
events. Such considerations will include, but are not limited to, the
extent to which the Program supports reductions in emissions, promotes
energy efficiency, increases resiliency, and recycles or redevelops
existing infrastructure.
(e) Transformation. FRA will assess the Program's ability to design
for the future and invest in purpose-driven research and innovation to
meet the challenges of the present and modernize a transportation
system of the future that serves everyone today and in the decades to
come. FRA will also assess the extent to which a proposal could be
defined as ``transformative,'' in a DOT context. Examples of the DOT
Transformation strategies from the FY 2022-26 DOT Strategic Plan
include:
(i) University partnerships that bring new science into practice.
(ii) Exploratory research and experimentation, translating
developments from other fields into transportation.
(iii) Bringing new voices into the research conversation.
(iv) Conducting research to understand the needs and implications
of emerging transportation technologies such as automation and unmanned
aerial systems, transportation system use and operations, and
infrastructure design.

2. Review and Selection Process

FRA will conduct a four-part application review process:
a. Screen applications for completeness, eligibility, and the
minimum match.
b. Apply evaluation criteria to remaining applications (completed
by a technical evaluation panel).
c. Apply selection criteria and recommend the selected applicant
for the FRA Administrator's review, which includes senior leadership
from the Office of the Secretary and FRA; and
d. Select recommended award for the Secretary's or his designee's
review and approval (completed by the FRA Administrator).

3. Reporting Matters Related to Integrity and Performance

Before making a Federal award with a total amount of Federal share
greater than the simplified acquisition threshold of $250,000 (see 2
CFR 200.88 Simplified Acquisition Threshold), FRA will review and
consider any information about the applicant that is in the designated
integrity and performance system accessible through SAM (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS)).
See 41 U.S.C. 2313.
An applicant, at its option, may review information in the
designated integrity and performance systems accessible through SAM and
comment on any information about itself that a Federal awarding agency
previously entered and is currently in the designated integrity and
performance system accessible through SAM.
FRA will consider any comments by the applicant, in addition to the
other information in the designated integrity and performance system,
in making a judgment about the applicant's integrity, business ethics,
and record of performance under Federal awards when completing the
review of risk posed by applicants as described in 2 CFR 200.205.

F. Federal Award Administration Information

1. Federal Award Notice

FRA will announce applications selected for funding in a press
release and on the FRA website after the application review period.
This announcement is FRA's notification to successful and unsuccessful
applicants alike. FRA will contact applicants with successful
applications after the announcement with information and instructions
about the award process. This notification is not an authorization to
begin proposed Project activities. FRA requires satisfaction of
applicable requirements by the applicant and a formal agreement signed
by both the grantee and FRA, including an approved scope, schedule, and
budget, before obligating the grant. See an example of standard terms
and conditions for FRA grant awards at <a href="https://railroads.dot.gov/elibrary/notice-grant-award-example">https://railroads.dot.gov/elibrary/notice-grant-award-example</a> . This template is subject to
revision.

2. Administrative and National Policy Requirements

In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, grantees must comply
with all applicable requirements of Federal law, including, without
limitation: the Constitution of the United States; the relevant
authorization and appropriations; the conditions of performance,
nondiscrimination requirements and other assurances made applicable to
the award of funds; and applicable Federal financial assistance and
contracting principles promulgated by the Office of Management and
Budget (OMB). In complying with these requirements, grantees, in
particular, must ensure that no concession agreements are denied, or
other contracting decisions made on the basis of speech or other
activities protected by the First Amendment. If FRA determines a
grantee has failed to comply with applicable Federal

[[Page 27569]]

requirements, FRA may terminate the award of funds and disallow
previously incurred costs, requiring the grantee to reimburse any
expended award funds. See an example of standard terms and conditions
for FRA grant awards at <a href="https://railroads.dot.gov/elibrary/award-administration-and-grant-conditions">https://railroads.dot.gov/elibrary/award-administration-and-grant-conditions</a>. This template is subject to
revision.
Examples of administrative and national policy requirements
include: 2 CFR 200; procurement standards at 2 CFR 200 subpart D--
Procurement Standards; 2 CFR 200.317 and 2 CFR 200.401; compliance with
Federal civil rights laws and regulations; disadvantaged business
enterprises requirements; debarment and suspension requirements; drug-
free workplace requirements; FRA's and OMB's Assurances and
Certifications; Americans with Disabilities Act; safety requirements;
NEPA; environmental justice requirements; and 2 CFR 200.315, governing
rights to intangible property. Unless otherwise stated in statutory or
legislative authority, or appropriations language, all financial
assistance awards follow the Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards at 2 CFR 200 and 2
CFR 1201.
Domestic Preference Requirements
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. Assistance under this NOFO is subject to the
requirements in the Buy American Act (41 U.S.C. 8301-8305) and Build
America, Buy America Act, Public Law 117-58, sections 70901-52. In
addition, as expressed in Executive Order 14005, Ensuring the Future Is
Made in All of America by All of America's Workers (86 FR 7475), it is
the policy of the executive branch to maximize, consistent with law,
the use of goods, products, and materials produced in, and services
offered in, the United States. FRA expects all applicants to comply
with that requirement without needing a waiver.
Civil Rights and Title VI
As a condition of a grant award, grantees 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 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, and a plan to address any legacy infrastructure or
facilities that are not compliant with ADA standards. DOT's and the
applicable Operating Administrations' Office of Civil Rights may work
with awarded grantees to ensure full compliance with Federal civil
rights requirements.
Critical Infrastructure Security and Resilience
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against both physical and
cyber threats. Each applicant selected for Federal funding under this
notice must demonstrate, prior to the signing of the grant agreement,
effort to consider and address physical and cyber security risks
relevant to the transportation mode and type and scale of the project.
Projects that have not appropriately considered and addressed physical
and cyber security and resilience in their planning, design, and
project oversight, as determined by the Department and the Department
of Homeland Security, will be required to do so before receiving funds
for construction, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National
Security Presidential Improving Cybersecurity for Critical
Infrastructure Control Systems

3. Reporting and Evaluation

a. Progress Reporting on Grant Activity
Each applicant selected for a grant will be required to comply with
all standard FRA reporting requirements, including quarterly progress
reports, quarterly Federal financial reports, and interim and final
performance reports, as well as all applicable auditing, monitoring,
and close-out requirements. Reports may be submitted electronically.
The applicant must comply with all relevant requirements of 2 CFR
200. Pursuant to 2 CFR 170.210, non-Federal entities applying under
this NOFO must have the necessary processes and systems in place to
comply with the reporting requirements should they receive Federal
funding.
b. Additional Reporting
Applicants selected for funding are required to comply with all
reporting requirements in the standard terms and conditions for FRA
grant awards including 2 CFR 180.335 and 2 CFR 180.350. See an example
of standard terms and conditions for FRA grant awards at the FRA
website.
As a condition of grant award, grantees may be required to
participate in an evaluation undertaken by DOT or another agency or
partner. The evaluation may take different forms such as an
implementation assessment across grantees, an impact and/or outcomes
analysis of all or selected sites within or across grantees, or a
benefit/cost analysis or assessment of return on investment. DOT may
require applicants to collect data elements to aid the evaluation and/
or use information available through other reporting. As a part of the
evaluation, as a condition of award, grantees must agree to: (1) make
records available to the evaluation contractor or DOT staff; (2)
provide access to program records, and any other relevant documents to
calculate costs and benefits; (3) in the case of an impact analysis,
facilitate the access to relevant information as requested; and (4)
follow evaluation procedures as specified by the evaluation contractor
or DOT staff.
c. Performance and Program Evaluation
As a condition of grant award grantees may be required to
participate in an evaluation undertaken by DOT, or another agency or
partner. The evaluation may take different forms such as an
implementation assessment across grantees, an impact and/or outcomes
analysis of all or selected sites within or across grantees, or a
benefit/cost analysis or assessment of return on investment. The
Department may require applicants to collect data elements to aid the
evaluation. As a part of the evaluation, as a condition of award,
grantees must agree to: (1) make records available to the evaluation
contractor; (2) provide access to program records, and any other
relevant documents to calculate costs and benefits; (3) in the case of
an impact analysis, facilitate the access to relevant information as
requested; and (4) follow evaluation procedures as specified by the
evaluation contractor or DOT staff.
Recipients and sub-recipients are also encouraged to incorporate
program evaluation including associated data collection activities from
the outset of their program design and implementation to meaningfully
document and measure the effectiveness of their projects and
strategies. Title I of the Foundations for Evidence-Based Policymaking
Act of 2018 (Evidence Act), Public Law 115-435 (2019) urges Federal
awarding agencies and Federal

[[Page 27570]]

assistance recipients and sub-recipients to use program evaluation as a
critical tool to learn, to improve equitable delivery, and to elevate
program service and delivery across the program lifecycle. Evaluation
means ``an assessment using systematic data collection and analysis of
one or more programs, policies, and organizations intended to assess
their effectiveness and efficiency'' (codified at 5 U.S.C. 311). For
grantees, evaluation expenses are allowable costs (either as direct or
indirect), unless prohibited by statute or regulation, and such
expenses may include the personnel and equipment needed for data
infrastructure and expertise in data analysis, performance, and
evaluation (2 CFR 200).
For grantees receiving an award, evaluation costs are allowable
costs (either as direct or indirect), unless prohibited by statute or
regulation, and such costs may include personnel and equipment needed
for data infrastructure and expertise in data analysis, performance,
and evaluation (2 CFR 200).
d. Performance Reporting
Each applicant selected for funding must collect information and
report on the Program's and each subaward's performance using measures
mutually agreed-upon by FRA and the grantee to assess progress in
achieving strategic goals and objectives. The applicable measure(s)
will depend upon the type of Project(s) funded through the CoE.

G. Federal Awarding Agency Contacts

For further information regarding this notice, please contact the
FRA NOFO Support program staff via email at <a href="/cdn-cgi/l/email-protection#b1f7e3f09cfffef7fe9ce2c4c1c1dec3c5f1d5dec59fd6dec7">[email&#160;protected]</a>.
If additional assistance is needed, contact Tarek Omar, Office of
Research, Development, and Technology, Federal Railroad Administration,
1200 New Jersey Avenue SE, Room W36-306, Washington, DC 20590; email:
<a href="/cdn-cgi/l/email-protection#34405546515f1a5b59554674505b401a535b42">[email&#160;protected]</a>; phone: 202-493-6189.

H. Other Information

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 the application includes
information the applicant considers to be personal identifiable
information (PII) or a trade secret or confidential commercial or
financial information, the applicant should do the following: (1) Note
on the front cover that the submission ``Contains PII or Confidential
Business Information (CBI)''; (2) mark each affected page PII and/or
``CBI''; and (3) highlight or otherwise denote the PII or CBI portions.
The DOT regulations implementing the Freedom of Information Act
(FOIA) are found at 49 CFR 7 Subpart C--Availability of Reasonably
Described Records under the Freedom of Information Act and sets forth
rules for FRA to make requested materials, information, and records
publicly available under FOIA. Unless prohibited by law and to the
extent permitted under the FOIA, contents of application and proposals
submitted by successful applicants may be released in response to FOIA
requests.
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.

Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2023-09240 Filed 5-1-23; 8:45 am]
BILLING CODE 4910-06-P

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