Notice2023-22419
FY 2024 Competitive Funding Opportunity: Competitive Grants for Rail Vehicle Replacement Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 10, 2023
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) announces the opportunity to apply for $196,906,663 in competitive grants under the fiscal year (FY) 2024 Competitive Grants for Rail Vehicle Replacement Program (Rail Vehicle Replacement Program). As required by Federal public transportation law, Rail Vehicle Replacement Program funds will be allocated competitively to assist in the funding of capital projects to replace rail rolling stock. FTA may allocate additional funding made available to the program prior to the announcement of project selections.
Full Text
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<title>Federal Register, Volume 88 Issue 194 (Tuesday, October 10, 2023)</title>
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[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69983-69989]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22419]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2024 Competitive Funding Opportunity: Competitive Grants for
Rail Vehicle Replacement Program
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of Funding Opportunity (NOFO).
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SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for $196,906,663 in competitive grants under the
fiscal year (FY) 2024 Competitive Grants for Rail Vehicle Replacement
Program (Rail Vehicle Replacement Program). As required by Federal
public transportation law, Rail Vehicle Replacement Program funds will
be allocated competitively to assist in the funding of capital projects
to replace rail rolling stock. FTA may allocate additional funding made
available to the program prior to the announcement of project
selections.
DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time, Monday,
December 18, 2023. Prospective applicants should initiate the process
by promptly registering on the GRANTS.GOV website to ensure completion
of the application process before the submission deadline. Instructions
for applying can be found on FTA's website at <a href="https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding">https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding</a> and in
[[Page 69984]]
the ``FIND'' module of GRANTS.GOV. The funding opportunity ID is FTA-
2024-002-TPM-RAIL. Mail and fax submissions will not be accepted.
FOR FURTHER INFORMATION CONTACT: Donna Iken, Competitive Grants for
Rail Vehicle Replacement Program Manager, FTA Office of Program
Management, 202-366-0876, or <a href="/cdn-cgi/l/email-protection#187c777676793671737d76587c776c367f776e"><span class="__cf_email__" data-cfemail="294d464747480740424c47694d465d074e465f">[email protected]</span></a>.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
Federal public transportation law (49 U.S.C. 5337(f)) authorizes
FTA to award grants for the replacement of rail rolling stock through a
competitive process, as described in this notice. The Rail Vehicle
Replacement Program provides funding to State and local governmental
authorities. The Federal Assistance Listing for the program is 20.525.
Passenger rail service provides critical and cost-effective
transportation links throughout the United States and faces a critical
backlog of state of good repair and safety investments. FTA seeks to
fund projects to all populations in a project area that create
proportional impacts, remove transportation related disparities, 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).
B. Federal Award Information
Federal public transportation law (49 U.S.C. 5338(a)(2)(L))
authorizes $300,000,000 in contract authority funds for FY 2024 for
competitive grants under the Rail Vehicle Replacement Program. A
portion of this FY 2024 funding was committed in the FY 2022 and FY
2023 Competitive Grants for Rail Vehicle Replacement Program Project
Selections, thus the remaining funding available for FY 2024 totals
$196,906,663. FTA may also commit up to $600,000,000 in FY 2025 and FY
2026 funding towards projects selected in FY 2024.
For the FY 2023 NOFO, FTA received 18 eligible proposals from 13
states requesting over $3.5 billion in Federal funds. FTA selected six
projects in six states, allocating $703,093,337.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date this FY 2024 NOFO is published in the
Federal Register. Applicants that utilize pre-award authority to incur
eligible expenses prior to project selection announcement will be
responsible for any costs incurred if the application is not selected.
Funds are available for obligation for three years after the fiscal
year in which the awards are announced. For multi-year grant
agreements, subsequent obligations must be made in the following year
for a two-year agreement, and each of the two consecutive fiscal years
for a three-year agreement, following the fiscal year from which the
first obligation is made. Per Federal public transportation law (49
U.S.C. 5337(f)(3)), FTA intends to fund up to three new awards each
fiscal year.
FTA may select projects to receive multi-year grant agreements. If
a project is selected to receive a multi-year grant agreement, that
agreement will establish the maximum amount of Federal financial
assistance for the project that may be provided in not more than three
consecutive fiscal years. A multi-year grant agreement will obligate an
amount of available budget authority and include a contingent
commitment to obligate an additional amount from future available
budget authority. The contingent commitment under a multi-year
agreement is not an obligation of the Federal Government.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants for the Competitive Grants for Rail Vehicle
Replacement Program are States and local governmental authorities.
2. Cost Sharing or Matching
Per 49 U.S.C. 5337(f)(5), the Competitive Grants for Rail Vehicle
Replacement funding may be up to 50 percent of the total eligible
project cost. Other Federal funding, including FTA funding, such as
State of Good Repair Program formula funding, may be applied for the
project up to a maximum 80 percent Federal share of eligible project
costs, per 49 U.S.C. 5337(f)(6). For example, a rail vehicle
replacement project with a total eligible cost of $100,000,000 may
receive up to $50,000,000 from this program. The remaining $50,000,000
could be provided from a combination of non-Federal and other Federal
funds, up to $30,000,000 of which could be other Federal funding. For a
$100,000,000 project, at least $20,000,000 (20 percent) must be non-
Federal funds.
Eligible sources of non-Federal matching funds include:
i. Cash from non-governmental sources other than revenues from
providing transit services (such as fare revenues);
ii. Non-farebox revenues from the operation of public
transportation service, such as the sale of advertising and concession.
iii. Monies received under a service agreement with a State or
local social service agency or private social service organization;
iv. Undistributed cash surpluses, replacement or depreciation cash
funds, reserves available in cash, or new capital;
v. In-kind contributions integral to the project. Revenue bond
proceeds for a capital project, with prior FTA approval; and
vi. Transportation Development Credits (formerly referred to as
Toll Revenue Credits).
3. Eligible Projects
The focus of the grant program is to modernize America's transit
system, focusing on maintaining a State of Good Repair for fixed-
guideway rail transit. Under the Competitive Grants for Rail Vehicle
Replacement Program (49 U.S.C. 5337(f)), eligible projects are the
replacement of rail rolling stock. For the purposes of this program,
rail rolling stock is defined as revenue service, passenger carrying
vehicles, or propulsion (locomotives) vehicles necessary for the
provision of rail public transportation. Replacement is defined as the
number of vehicles required to replace the number of vehicles to be
removed from service that are substantially the same type. If changing
vehicle type (e.g., a commuter rail switching from single level to
double-decker cars), the eligible project is the number of cars
necessary to carry an equivalent number of passengers as the
substantially same type of replacement would. These rail vehicles can
include, but are not limited to, commuter rail, heavy rail, and light
rail vehicles. Up to 0.5 percent of the Federal request may be used to
pay for project-related workforce development activities, as long as
the Federal share under this program of those workforce development
activities is not more than 80 percent. Up to 0.5 percent of the
Federal request may be used to pay for project related training from
the National Transit Institute (NTI), as long as the Federal share
under this program for the related training from NTI is not more than
80 percent. Applicants must identify the proposed use of funds for
these activities in the project proposal and identify them separately
in the project budget. Vehicles that do not
[[Page 69985]]
operate on rails, including rubber tire support vehicles, as well as
maintenance and other non-revenue vehicles that do operate on rails,
are not eligible under this program. Fleet expansion projects are also
not eligible under this program. If a procurement includes both
expansion and replacement vehicles, only the cost of the replacement
vehicles may be included in the total eligible project cost under this
program.
As required by Federal public transportation law (49 U.S.C.
5337(f)(4)), FTA will consider the size of the rail system of the
applicant, the amount of funds available to the applicant from this
program, the age and condition of the rail rolling stock of the
applicant that has exceeded or will exceed the useful service life in
the five-year period following a grant award, and whether the applicant
has identified replacement of the rail vehicles as a priority in the
investment prioritization portion of the transit asset management plan
of the recipient pursuant to part 625 of title 49 of the Code of
Federal Regulations. Evaluation criteria are described in detail in
Section E of this notice.
D. Application and Submission Information
1. Address To Request Application Package
Applications may be accessed, and must be submitted, electronically
through GRANTS.GOV. General information for accessing and submitting
applications through GRANTS.GOV can be found at <a href="https://www.fta.dot.gov/howtoapply">https://www.fta.dot.gov/howtoapply</a> along with specific instructions for the
forms and attachments required for submission. A complete proposal
submission for the program consists of two forms: the SF-424
Application for Federal Assistance (available at GRANTS.GOV) and the
supplemental form for the FY 2024 Rail Vehicle Replacement Program
(downloaded from GRANTS.GOV or the FTA website at: <a href="https://www.transit.dot.gov/grant-programs/rail-vehicle-replacement-grants">https://www.transit.dot.gov/grant-programs/rail-vehicle-replacement-grants</a>.
Mail or fax submissions will not be accepted.
2. Content and Form of Application Submission
(i) Proposal Submission
A complete proposal submission consists of two forms: (1) the SF-
424 Application for Federal Assistance; and (2) the supplemental form
for the FY 2024 Rail Vehicle Replacement Program. The supplemental form
and any supporting documents must be attached to the ``Attachments''
section of the SF-424. The application must include responses to all
sections of the SF-424 Application for Federal Assistance and the
supplemental form, unless designated as optional. The information on
the supplemental form will be used to determine applicant and project
eligibility for the program, and to evaluate the proposal against the
selection criteria described in part E of this notice. Failure to
submit the information as requested can delay review or disqualify the
application.
FTA will accept only one supplemental form per SF-424 submission.
FTA encourages applicants to consider submitting a single supplemental
form that includes multiple activities as one project to be evaluated
as a consolidated proposal. If an applicant chooses to submit separate
proposals for individual consideration by FTA, each proposal must be
submitted using a separate SF-424 and supplemental form.
Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to documentation supporting
the applicant's eligibility for the grant programs, letters of support,
project budgets, fleet status reports, or excerpts from relevant
planning documents. Supporting documentation should be described and
referenced by file name in the appropriate response section of the
supplemental form, or it may not be reviewed.
Information such as applicant name, Federal amount requested, local
match amount, and description of areas served may be requested in
varying degrees of detail on both the SF-424 and supplemental form.
Applicants must fill in all fields unless otherwise stated on the
forms. Applicants should not place N/A or ``refer to attachment'' in
lieu of typing in responses in the field sections. If information is
copied into the supplemental form from another source, applicants
should verify that pasted text is fully captured on the supplemental
form and has not been truncated by the character limits built into the
form. Applicants should use both the ``Check Package for Errors'' and
the ``Validate Form'' validation buttons on both forms to check all
required fields on the forms, and to 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.
(ii) Application Content
The SF-424 Application for Federal Assistance and the supplemental
form will prompt applicants for the required information:
a. Applicant name
b. Unique entity identifier (generated by SAM.GOV)
c. Key contact information (including contact name, address, email
address, and phone)
d. Congressional district(s) in which project is located
e. Project information (including title, executive summary, and type)
f. A detailed description of the need for the project
g. A detailed description of how the project will support the program
objectives
h. Evidence that the project is consistent with local and regional
planning objectives
i. Evidence that the applicant can provide the non-Federal cost share
j. A description of the technical, legal, and financial capacity of the
applicant
k. A detailed project budget
l. An explanation of the scalability of the project
m. Details on the non-Federal matching funds
n. A detailed project timeline, including the date the rail vehicle
procurement Notice to Proceed (NTP) has been or is intended to be
issued to the manufacturer if proposing to utilize an existing
contract--Note, the NTP date must be after the date of the publication
of this NOFO for the project to be eligible.
o. The applicant's Transit Asset Management Plan (or, if lengthy,
applicable sections sufficient to determine the project is consistent
with the plan)
p. Information related to priority considerations in Subsection E.2.
Applicants should reference the criteria described in Section E of
this NOFO for further description of the content applicants should
address in their applications.
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant is required to: (1) be registered in SAM.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
[[Page 69986]]
under consideration by FTA. FTA may not make an award until the
applicant has complied with all applicable unique entity identifier and
SAM requirements. If an applicant has not fully complied with the
requirements by the time FTA is ready to make an award, FTA may
determine that the applicant is not qualified to receive an award and
use that determination as a basis for making a Federal award to another
applicant. These requirements do not apply if the applicant has an
exception approved by FTA or the U.S. Office of Management and Budget
under 2 CFR 25.110(c) or (d).
All applicants must provide a unique entity identifier provided by
SAM. Registration in SAM may take as little as 3-5 business days, but
since there could be unexpected steps or delays (for example, if there
is a need to obtain an Employer Identification Number), FTA recommends
allowing ample time, up to several weeks, for completion of all steps.
For additional information on obtaining a unique entity identifier,
please visit <a href="https://www.sam.gov">https://www.sam.gov</a>.
4. Submission Dates and Times
Project proposals must be submitted electronically through
GRANTS.GOV by 11:59 p.m. Eastern Time on Monday, December 18, 2023.
GRANTS.GOV attaches a time stamp to each application at the time of
submission. Mail and fax submissions will not be accepted.
FTA urges applicants to submit applications at least 72 hours prior
to the deadline to allow time to correct any problems that may have
caused either GRANTS.GOV or FTA systems to reject the submission.
Proposals submitted after the deadline will be considered only if
lateness was due to extraordinary circumstances not under the
applicant's control. Deadlines will not be extended due to scheduled
website maintenance. GRANTS.GOV scheduled maintenance and outage times
are announced on the GRANTS.GOV website.
Within 48 hours after submitting an electronic application, the
applicant should receive an email message from GRANTS.GOV with
confirmation of successful transmission to GRANTS.GOV. If a notice of
failed validation or incomplete materials is received, the applicant
must address the reason for the failed validation, as described in the
email notice, and resubmit before the submission deadline. If making a
resubmission for any reason, include all original attachments
regardless of which attachments were updated and check the box on the
supplemental form indicating this is a resubmission.
Applicants are encouraged to begin the process of registration on
the GRANTS.GOV site well in advance of the submission deadline.
Registration is a multi-step process, which may take several weeks to
complete before an application can be submitted. Registered applicants
may still be required to take steps to keep their registration up to
date before submissions can be made successfully: (1) registration in
SAM is renewed annually; and (2) persons making submissions on behalf
of the Authorized Organization Representative (AOR) must be authorized
in GRANTS.GOV by the AOR to make submissions.
5. Funding Restrictions
Funds made available under this NOFO cannot be used to reimburse
applicants for otherwise eligible expenses incurred prior to the
publication of this NOFO in the Federal Register, which is when Pre-
Award authority begins (see Section F.2.a). Allowable direct and
indirect expenses must be consistent with the Government-wide Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards (2 CFR part 200) and FTA Circular 5010.1E.
6. Other Submission Requirements
Applicants are encouraged to identify scaled funding options in
case insufficient funding is available to fund a project at the full
requested amount. If an applicant advises that a project is scalable,
the applicant must provide an appropriate minimum funding amount that
will fund an eligible project that achieves the objectives of the
program and meets all relevant program requirements. The applicant must
provide a clear explanation of how the project budget would be affected
by a reduced award. FTA may award a lesser amount whether or not a
scalable option is provided. FTA may award funds using a multi-year
grant agreement of up to three years, as described in Section B of this
notice.
E. Application Review Information
1. Criteria
Projects will be evaluated primarily on the responses provided in
the supplemental form. Additional information may be provided to
support the responses; however, any additional documentation must be
directly referenced on the supplemental form, including the file name
where the additional information can be found. FTA will evaluate
project proposals based on the criteria described in this notice.
a. Demonstration of Need
As the purpose of this program is to fund rail rolling stock and
maintain public transportation systems in a state of good repair,
applications will be evaluated based on the quality and extent to which
they demonstrate how the proposed project will address an unmet need
for capital investment in rail vehicles.
Applicants must provide information on the age, condition, and
performance of the rail vehicles to be replaced. The law requires FTA
to consider the age and condition of the rail rolling stock of the
applicant that has exceeded or will exceed the useful service life of
the rail rolling stock in the 5-year period following the grant. FTA
will define that five years as starting one year after the date
applications are due. FTA will provide higher priority for rolling
stock already past its useful life. The proposal must address how the
project conforms to the applicant's spare ratio guidelines and provide
the rationale.
b. Demonstration of Benefits
FTA will evaluate the potential for projects to improve the
condition of the transit system by replacing rail vehicles that are in
poor condition or have surpassed their minimum or intended useful life
benchmarks. Additionally, applicants should specifically identify and
address in their application one or more of the following:
Safety: FTA will evaluate the potential for projects to improve the
safety of the transit system. Applicants may describe the benefits of
increased safety of replacement vehicles and how that may impact the
broader safety of their transportation system.
Performance: FTA will evaluate the benefits of reducing breakdowns
and service interruptions, increasing service performance and
reliability, and reducing the cost of maintaining outdated vehicles.
Enhanced Access and Mobility for People with Disabilities: FTA will
evaluate the potential for projects to improve access and mobility for
persons with disabilities.
Combatting Climate Change: FTA will evaluate the benefits of any
otherwise eligible project that is proposing to replace a locomotive or
self-propelled passenger cars with a locomotive or self-propelled
passenger cars that produces fewer harmful emissions at the point of
service.
[[Page 69987]]
c. Planning and Local/Regional Prioritization
Applicants must demonstrate how the proposed project is consistent
with local and regional planning documents and identified priorities.
This will involve assessing whether the project is consistent with the
transit priorities identified in the long-range transportation plan and
the State and Metropolitan Transportation Improvement Program (STIP/
TIP). Applicants should note if the project could not be included in
the financially constrained STIP or TIP due to lack of funding, and if
selected that the project can be added to the federally approved STIP
before grant award.
FTA will evaluate applications based on the quality and extent to
which they assess whether the project is consistent with the investment
priorities identified in the applicant's Transit Asset Management (TAM)
Plan, pursuant to 49 CFR part 625. Applicants should also describe how
replacing the vehicle will help them meet the state of good repair
performance targets set in their Transit Asset Management (TAM) Plan.
FTA encourages applicants to demonstrate State or local support by
including letters of support from State departments of transportation,
local transit agencies, local government officials and public agencies,
local non-profit or private sector organizations, and other relevant
stakeholders. Applications that include letters of support will be
viewed more favorably than those that do not. For FTA to fully consider
a letter of support, the letter must be included in the application
package. In an area with both rail and other public transit operators,
FTA will evaluate whether project proposals demonstrate coordination
with and support of other related projects within the applicant's
Metropolitan Planning Organization (MPO) or the geographic region
within which the proposed project will operate.
d. Local Financial Commitment
Applicants must identify the sources of funding for the total
eligible vehicle replacement project cost, including other Federal
funding if applicable, and the non-Federal cost share, and describe
whether such funds are currently available for the project or will need
to be secured if the project is selected for funding. FTA will consider
the availability of the non-Federal cost share as evidence of local
financial commitment to the project. Additional consideration will be
given to those projects for which non-Federal funds have already been
made available or reserved. Applicants should submit evidence of the
availability of funds for the project, by including, for example, a
board resolution, letter of support from the State, a budget document
highlighting the line item or section committing funds to the proposed
project, or other documentation of the source of other non-Federal
funds.
An applicant may provide documentation of previous and recent local
investments in the project, which cannot be used to satisfy non-Federal
matching requirements, as evidence of local financial commitment.
e. Project Implementation Strategy
Projects will be evaluated based on the extent to which the project
is ready to implement within a reasonable period of time and whether
the applicant's proposed implementation plans are reasonable and
complete. Applicants should discuss and include any supporting
information demonstrating that the proposed project is compatible with
the existing system and takes into account any adjustments that need to
be made to complete successful implementation.
In assessing whether the project is ready to implement within a
reasonable period of time, FTA will consider whether the project
qualifies for a Categorical Exclusion, or whether the required
environmental work has been initiated or completed for projects that
require an Environmental Assessment or Environmental Impact Statement
under the National Environmental Policy Act of 1969. As such,
applicants should submit information describing the project's
anticipated path and timeline through the environmental review process.
If the project will qualify as a Categorical Exclusion, the applicant
must say so explicitly in the application. The proposal must also state
whether grant funds can be obligated within 12 months from time of
award, if selected, and if necessary, the timeframe under which the
Metropolitan TIP and STIP can be amended to include the proposed
project. Additional consideration will be given to projects for which
grant funds can be obligated within 12 months from time of award. The
applicant must also include the date the rail vehicle procurement
Notice to Proceed has been or is intended to be issued to the
manufacturer if proposing to utilize an existing contract.
In assessing whether the proposed implementation plans are
reasonable and complete, FTA will review the proposed project
implementation plan, including all necessary project milestones and the
overall project timeline. For projects that will require formal
coordination, approvals, or permits from other agencies or project
partners, the applicant must demonstrate coordination with these
organizations and their support for the project, such as through
letters of support.
f. Technical, Legal, and Financial Capacity
Applicants must demonstrate that they have the technical, legal,
and financial capacity to undertake the project. FTA will review
relevant oversight assessments and records to determine whether there
are any outstanding legal, technical, or financial issues with the
applicant that would affect the outcome of the proposed project.
Additional information on the compliance requirements for these grants
appears later in this notice.
Applicants with outstanding legal, technical, or financial
compliance issues from an FTA compliance review or FTA grant-related
Single Audit finding must explain how corrective actions taken will
mitigate negative impacts on the project.
2. Review and Selection Process
FTA technical evaluation committees will evaluate proposals using
the project evaluation criteria. FTA staff may request additional
information from applicants, if necessary. After consideration of the
findings of the technical evaluation committees, the FTA Administrator
will determine the final selection of projects for program funding. In
determining the allocation of program funds, FTA may consider
geographic diversity, the age and condition of the vehicles to be
replaced, diversity in the size of the transit systems receiving
funding, and the availability to the applicant of State of Good Repair
Formula funding or other competitive awards. FTA may consider capping
the amount a single applicant may receive.
3. Integrity and Performance Review
Prior to making an award with a total amount of Federal share
greater than the simplified acquisition threshold (currently $250,000),
FTA is required to review and consider any information about the
applicant that is in the Federal Awardee Performance and Integrity
Information Systems (FAPIIS) accessible through SAM. An applicant may
review and comment on information about itself that a Federal awarding
agency previously entered. FTA will consider any comments by the
applicant, in addition to the other information in FAPIIS, in making a
judgment about the
[[Page 69988]]
applicant's integrity, business ethics, and record of performance under
Federal awards when completing the review of risk posed by applicants
as described in 2 CFR 200.206.
F. Federal Award Administration Information
1. Federal Award Notices
Final project selections will be posted on the FTA website. Only
proposals from eligible recipients for eligible activities will be
considered for funding. There is no minimum or maximum grant award
amount; however, FTA intends to fund up to three meritorious projects
per year of funding. FTA may also award multi-year grant agreements of
up to three years. Due to funding limitations, projects that are
selected for funding may receive less than the amount originally
requested. In those cases, applicants must be able to demonstrate that
the proposed projects are still viable and can be completed with the
amount awarded.
2. Administrative and National Policy Requirements
a. Pre-Award Authority
Pre-award authority for the selected projects is available
beginning on the date that this Rail Vehicle Replacement Program NOFO
is published in the Federal Register. There is no blanket pre-award
authority for these projects before publication of this NOFO. For more
information about FTA's policy on pre-award authority, please see FTA's
2023 Apportionment Notice (88 FR 23117).
b. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). All recipients are subject to the
grant requirements of the State of Good Repair program (49 U.S.C.
5337), FTA's Master Agreement for financial assistance awards, the
annual Certifications and Assurances required of applicants, and FTA
Circular ``State of Good Repair Grant Program'' (FTA.C.5300.1E). All
recipients must also follow the Award Management Requirements
(FTA.C.5010.1) and the labor protections required by Federal public
transportation law (49 U.S.C. 5333(b)). All of these documents are
available on FTA's website. Technical assistance regarding these
requirements is available from each FTA regional office.
c. Made in America
A project funded under this NOFO must comply with FTA's Buy America
(49 U.S.C. 5323(j)) and the Build America, Buy America Act's domestic
preference requirements for infrastructure projects (Sec. Sec. 70901-
70953 of the Infrastructure Investment and Jobs Act, Pub. L. 117-58),
which together require that all iron, steel, manufactured goods, and
construction materials used in the project be produced in the United
States and set minimum domestic content and final assembly requirements
for rolling stock.
Any proposal that will require a waiver of any domestic preference
standard must identify the items for which a waiver will be sought in
the application. Applicants should not proceed with the expectation
that waivers will be granted.
d. Civil Rights Requirements
Applications should demonstrate that the recipient has a plan for
compliance with civil rights obligations and nondiscrimination laws,
including Title VI of the Civil Rights Act of 1964, the Americans with
Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and
accompanying regulations. This should include a current Title VI
program plan and a completed Community Participation Plan
(alternatively called a Public Participation Plan), if applicable.
Applicants who have not sufficiently demonstrated the conditions of
compliance with civil rights requirements will be required to do so
before receiving funds.
Recipients of Federal transportation funding will be required to
comply fully with regulations and guidance for the ADA, Title VI of the
Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
1973, and all other civil rights requirements. The Department's and
FTA's Office of Civil Rights may work with awarded grant recipients to
ensure full compliance with Federal civil rights requirements.
e. Disadvantaged Business Enterprise
Projects for railcar acquisitions are subject to the transit
vehicle manufacturer (TVM) rule of the USDOT's Disadvantaged Business
Enterprise (DBE) program regulation (49 CFR 26.49). The TVM rule
requires recipients procuring transit vehicles to limit eligible
bidders to certified TVMs. To become a certified TVM, a manufacturer of
transit vehicles must submit a DBE program plan and annual goal to FTA
for approval. A list of certified TVMs is posted on FTA's web page at
<a href="https://www.transit.dot.gov/TVM">https://www.transit.dot.gov/TVM</a>. Recipients should contact FTA before
accepting bids from entities not listed on this web page.
In lieu of restricting eligibility to certified TVMs, a recipient
may, with FTA's approval, establish project-specific goals for DBE
participation in the procurement of transit vehicles.
Planning
FTA encourages applicants to notify the appropriate State
Departments of Transportation and MPOs in areas likely to be served by
the project funds made available under these initiatives and programs.
Selected projects must be incorporated into the long-range plans and
transportation improvement programs of States and metropolitan areas
before they are eligible for FTA funding. As described under the
evaluation criteria, FTA may consider whether a project is consistent
with or already included in these plans when evaluating a project.
f. Standard Assurances
The applicant assures that it will comply with all applicable
Federal statutes, regulations, executive orders, directives, FTA
circulars, and other Federal administrative requirements in carrying
out any project supported by the FTA grant. The applicant acknowledges
that it is under a continuing obligation to comply with the terms and
conditions of the grant agreement issued for its project with FTA. The
applicant understands that Federal laws, regulations, policies, and
administrative practices might be modified from time to time and may
affect the implementation of the project. The applicant agrees that the
most recent Federal requirements will apply to the project, unless FTA
issues a written determination otherwise. The applicant must submit the
Certifications and Assurances before receiving a grant if it does not
have current certifications on file.
g. Performance and Program Evaluation
As a condition of grant award, grant recipients 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 grant recipients, an impact and/or
outcomes analysis of all or selected sites within or across grant
recipients, or a benefit/cost analysis or assessment of return on
investment. As a part of the evaluation, as a condition of award, grant
recipients 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
[[Page 69989]]
relevant information as requested; and (4) follow evaluation procedures
as specified by the evaluation contractor or DOT staff.
Recipients and subrecipients 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 their progress towards meeting an agency priority
goal(s). Title I of the Foundations for Evidence-Based Policymaking Act
of 2018 (Evidence Act), (Pub. L. 115-435) urges Federal awarding
agencies and Federal assistance recipients and subrecipients 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.''
5 U.S.C. 311. Credible program evaluation activities are implemented
with relevance and utility, rigor, independence and objectivity,
transparency, and ethics (OMB Circular A-11, Part 6, Section 290).
3. Reporting
Post-award reporting requirements include the electronic submission
of Federal Financial Reports and Milestone Progress Reports. Applicant
should include goals, targets, and indicators referenced in their
application to the project in the Executive Summary of the TrAMS
application. Recipients or beneficiaries of funds made available
through this NOFO are also required to regularly submit data to the
National Transit Database. National Transit Database reports include
total sources of revenue and complete expenditure reports for all
public transportation operations, not just those funded by this
project.
FTA is committed to making evidence-based decisions guided by the
best available science and data. In accordance with the Evidence Act,
FTA may use information submitted in discretionary funding
applications; information in FTA's Transit Award Management System
(TrAMS), including grant applications, Milestone Progress Reports
(MPRs), Federal Financial Reports (FFRs); transit service, ridership
and operational data submitted in FTA's National Transit Database;
documentation and results of FTA oversight reviews, including triennial
and state management reviews; and other publicly available sources of
data to build evidence to support policy, budget, operational,
regulatory, and management processes and decisions affecting FTA's
grant programs.
As part of completing the annual certifications and assurances
required of FTA grant recipients, a successful applicant must report on
the suspension or debarment status of itself and its principals. If the
award recipient's active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of
an award made pursuant to this Notice, the recipient must comply with
the Recipient Integrity and Performance Matters reporting requirements
described in Appendix XII to 2 CFR part 200.
G. Federal Awarding Agency Contacts
For further information concerning this notice, please contact the
Competitive Grants for Rail Vehicle Replacement Program manager, Donna
Iken, by phone at 202-366-8076, or by email at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="b0f4dfdeded19ef9dbd5def0d4dfc49ed7dfc6">[email protected]</a>. A
TDD is available for individuals who are deaf or hard of hearing at
800-877-8339. To ensure receipt of accurate information about
eligibility or the program, the applicant is encouraged to contact FTA
directly, rather than through intermediaries or third parties. 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/about/regional-offices/regional-offices">https://www.transit.dot.gov/about/regional-offices/regional-offices/about/regional-offices/regional-offices</a>. 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#681b1d1818071a1c280f1a09061c1b460f071e"><span class="__cf_email__" data-cfemail="1d6e686d6d726f695d7a6f7c73696e337a726b">[email protected]</span></a>.
H. Other Information
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.'' FTA will consider
applications for funding only from eligible recipients for eligible
projects listed in Section C.
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. 2023-22419 Filed 10-6-23; 8:45 am]
BILLING CODE 4910-57-P
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</html>Indexed from Federal Register on October 10, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.