FY 2017 Competitive Funding Opportunity: Low or No Emission Grant Program |
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Matthew J. Welbes
Federal Transit Administration
27 April 2017
[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)]
[Notices]
[Pages 19447-19453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08489]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2017 Competitive Funding Opportunity: Low or No Emission Grant
Program
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of funding opportunity (NOFO).
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SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for $55 million in FY 2017 funds for the Low or No
Emission Bus Discretionary Grant Program (Low-No Program; Catalog of
Federal Domestic Assistance (CFDA) number: 20.526), subject to funding
availability. Only $31.5 million is available under the Continuing
Resolution that expires on April 28, 2017. As required by Federal
transit law (49 U.S.C. 5339(c)) and subject to funding availability,
funds will be awarded competitively for the purchase or lease of low or
no emission vehicles that use advanced technologies for transit revenue
operations, including related equipment or facilities. Projects may
include costs incidental to the acquisition of buses or to the
construction of facilities, such as the costs of related workforce
development and training activities, and project administration
expenses. FTA may award additional funding that is made available to
the program prior to the announcement of project selections.
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DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by June 26, 2017. Prospective applicants
should initiate the process by registering on the GRANTS.GOV Web site
promptly to ensure completion of the application process before the
submission deadline. Instructions for applying can be found on FTA's
Web site at http://transit.dot.gov/howtoapply and in the ``FIND''
module of GRANTS.GOV. The funding opportunity ID is FTA-2017-003-LowNo.
Mail and fax submissions will not be accepted.
FOR FURTHER INFORMATION CONTACT: Tara Clark, FTA Office of Program
Management, 202-366-2623, or tara.clark@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility
D. Application and Submission Information
E. Application Review
F. Federal Award Administration
G. Federal Awarding Agency Contacts
H. Technical Assistance and Other Program Information
A. Program Description
Section 5339(c) of Title 49, United States Code, as amended by the
Fixing America's Surface Transportation (FAST) Act, (Pub. L. 114-94,
Dec. 4, 2015), authorizes FTA to award grants for low or no emission
buses through a competitive process, as described in this notice. The
Low or No Emission Bus Program (Low-No Program) provides funding to
State and local governmental authorities for the purchase or lease of
zero-emission and low-emission transit buses, including acquisition,
construction, and leasing of required supporting facilities such as
recharging, refueling, and maintenance facilities. FTA recognizes that
a significant transformation is occurring in the transit bus industry,
with the increasing availability of low and zero emission bus vehicles
for transit revenue operations.
B. Federal Award Information 5339(c) Low or No Emission Discretionary
Program
Federal transit law authorizes $55 million in FY 2017 for grants
under the Low-No Program. In FY 2016, the program received applications
for 101 projects requesting a total of $446 million. Twenty projects
were funded at a total of $55 million.
FTA will grant pre-award authority starting on the date of project
announcement for the FY 2017 awards. Funds are available for obligation
until September 30, 2020. Funds are only available for projects that
have not incurred costs.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants include designated recipients, States, local
governmental authorities, and Indian Tribes. Except for projects
proposed by Indian Tribes, proposals for funding projects in rural
(non-urbanized) areas must be submitted as part of a consolidated State
proposal. To be considered eligible, applicants must be able to
demonstrate the requisite legal, financial and technical capabilities
to receive and administer Federal funds under this program. States and
other eligible applicants also may submit consolidated proposals for
projects in urbanized areas. Proposals may contain projects to be
implemented by the recipient or its eligible subrecipients. Eligible
subrecipients are entities that are otherwise eligible recipients under
this program.
An eligible recipient may submit an application in partnership with
other entities that intend to participate in the implementation of the
project, including, but not limited to, specific vehicle manufacturers,
equipment vendors, owners or operators of related facilities, or
project consultants. If an application that involves such a partnership
is selected for funding, the competitive selection process will be
deemed to satisfy the requirement for a competitive procurement under
49 U.S.C. 5325(a) for the named entities. Applicants are advised that
any changes to the proposed partnership will require advance FTA
written approval, must be consistent with the scope of the approved
project, and may necessitate a competitive procurement.
2. Cost Sharing or Matching
All eligible expenses under the Low-No Program are attributable to
compliance with the Clean Air Act. Therefore, under the provisions of
49 U.S.C. 5323(i), the maximum Federal participation in the costs of
leasing or acquiring a transit bus financed under the Low-No Program is
85 percent of the total transit bus cost. The proposer may request a
lower Federal contribution. Further, the maximum Federal participation
in the cost of leasing or acquiring low or no emission bus-related
equipment and facilities under the Low-No Program, such as recharging
or refueling facilities, is 90 percent of the net project cost of the
equipment or facilities that are attributable to compliance with the
Clean Air Act.
Eligible sources of local match include the following: cash from
non-Government sources other than revenues from providing public
transportation services; revenues derived from the sale of advertising
and concessions; amounts received under a service agreement with a
State or local social service agency or private social service
organization; revenues generated from value capture financing
mechanisms; funds from an undistributed cash surplus; replacement or
depreciation cash fund or reserve; new capital; or in-kind
contributions. In addition, transportation development credits or
documentation of in-kind match may substitute for local match if
identified in the application.
3. Eligible Projects
Under 49 U.S.C. 5339 (c)(B), eligible projects include projects or
programs of projects in an eligible area for: (1) Purchasing or leasing
low or no emission buses; (2) acquiring low or no emission buses with a
leased power source; (3) constructing or leasing facilities and related
equipment for low or no emission buses; (4) constructing new public
transportation facilities to accommodate low or no emission buses; (5)
or rehabilitating or improving existing public transportation
facilities to accommodate low or no emission buses. As specified under
49 U.S.C. 5339(c)(5)(A), FTA will only consider eligible projects
relating to the acquisition or leasing of low or no emission buses or
bus facilities that make greater reductions in energy consumption and
harmful emissions than comparable standard buses or other low or no
emission buses. As specified under 49 U.S.C. 5339(c)(5)(B), all
proposed projects must be part of the intended recipient's long-term
integrated fleet management plan.
If a single project proposal involves multiple public
transportation providers, such as when an agency acquires vehicles that
will be operated by another agency, the proposal must include a
detailed statement regarding the role of each public transportation
provider in the implementation of the project.
Under 49 U.S.C. 5339(c)(1)(E), a low or no-emission bus is defined
as ``a passenger vehicle used to provide public transportation that
significantly reduces energy consumption or harmful emissions,
including direct carbon emissions, when compared to a standard
vehicle.'' The statutory definition includes zero-emission transit
buses, which are defined as buses that
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produce no direct carbon emissions and no particulate matter emissions
under any and all possible operational modes and conditions. Examples
of zero emission bus technologies include, but are not limited to,
hydrogen fuel-cell buses and battery-electric buses. All new transit
bus models procured with funds awarded under the Low-No Program must
complete FTA bus testing for production transit buses pursuant to 49
U.S.C. 5318. All transit vehicles must be procured from certified
transit vehicle manufacturers in accordance with the Disadvantaged
Business Enterprise (DBE) regulations at 49 CFR part 26. The
development or deployment of prototype vehicles is not eligible for
funding under the Low-No program.
Recipients are permitted to use up to 0.5 percent of their
requested grant award for workforce development activities eligible
under 49 U.S.C 5314(b) and an additional 0.5 percent for costs
associated with training at the National Transit Institute. Applicants
must identify the proposed use of funds for these activities in the
project proposal and identify them separately in the project budget.
D. Application and Submission Information
1. Address To Request Application
Applications must be submitted electronically through GRANTS.GOV.
General information for submitting applications through GRANTS.GOV can
be found at www.fta.dot.gov/howtoapply along with specific instructions
for the forms and attachments required for submission. Mail and fax
submissions will not be accepted. A complete proposal submission
consists of at least two forms: The SF424 Mandatory Form (downloaded
from GRANTS.GOV) and the supplemental form for the FY 2017 Low-No
Program (downloaded from GRANTS.GOV or the FTA Web site at
www.transit.dot.gov/busprogram). Failure to submit the information as
requested can delay review or disqualify the application.
2. Content and Form of Application Submission
(i) Proposal Submission
A complete proposal submission consists of at least two forms: (1)
The SF424 Mandatory Form; and (2) the supplemental form for the FY 2017
Low-No Program. The application must include responses to all sections
of the SF424 Mandatory Form and the supplemental form, unless indicated
as optional. The information on the supplemental form will be used to
determine applicant and project eligibility for the program, and to
evaluate the proposal against the selection criteria described in part
E of this notice.
An applicant may submit multiple project proposals in a single
submission, but must include all project proposals on a single
supplemental form. To add additional projects, select the ``add
project'' button and complete a separate ``project detail'' section for
each project. FTA will only accept one supplemental form per
submission.
The supplemental form must be submitted as an attachment to the
SF424 Mandatory Form. All project proposals will be evaluated
separately, regardless of whether they are submitted as a single
submission.
An applicant may submit additional supporting documentation for
each project proposal as attachments. Any supporting documentation must
be described and referenced by file name in the appropriate response
section of the supplemental form, or it may not be reviewed.
Information such as proposer name, Federal amount requested, local
match amount, description of areas served, etc. may be requested in
varying degrees of detail on both the SF424 form and Supplemental Form.
Proposers must fill in all fields unless stated otherwise on the forms.
If information is copied into the supplemental form from another
source, applicants should verify that pasted text is fully captured on
the supplemental form and has not been truncated by the character
limits built into the form. Proposers should use both the ``Check
Package for Errors'' and the ``Validate Form'' validation buttons on
both forms to check all required fields on the forms, and ensure that
the federal and local amounts specified are consistent.
(ii) Application Content
The SF424 Mandatory Form and the Supplemental Form will prompt
applicants for the required information, including:
a. Applicant Name
b. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
number
c. Key contact information (including contact name, address, email
address, and phone)
d. Congressional district(s) where project will take place
e. Project Information (including title, an executive summary, and
type)
f. A detailed description of the need for the project
g. A detailed description on how the project will support the Low-No
program objectives
h. Evidence that the project is consistent with local and regional
planning documents
i. Evidence that the applicant can provide the local 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 local matching funds
n. A detailed project timeline
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant is required to: (1) Be registered in SAM before
submitting an application; (2) provide a valid unique entity identifier
in its application; and (3) continue to maintain an active SAM
registration with current information at all times during which the
applicant has an active Federal award or an application or plan under
consideration by FTA. These requirements do not apply if the applicant:
(1) Is an individual; (2) is excepted from the requirements under 2 CFR
25.110(b) or (c); or (3) has an exception approved by FTA under 2 CFR
25.110(d). FTA may not make an Award until the applicant has complied
with all applicable unique entity identifier and SAM requirements. If
an applicant has not fully complied with the requirements by the time
FTA is ready to make an Award, FTA may determine that the applicant is
not qualified to receive an Award and use that determination as a basis
for making a Federal award to another applicant. All applicants must
provide a unique entity identifier provided by SAM. Registration in SAM
may take as little as 3-5 business days, but since there could be
unexpected steps or delays (for example, if you 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
www.sam.gov.
4. Submission Dates and Times
Project proposals must be submitted electronically through
GRANTS.GOV by 5:00 p.m. Eastern on June 26, 2017. GRANTS.GOV attaches a
time stamp to each application at the time of submission. Proposals
submitted after the deadline will only be considered under
extraordinary circumstances not under the applicant's control. Mail and
fax submissions will not be accepted.
Within 48 hours after submitting an electronic application, the
applicant
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should receive three email messages from GRANTS.GOV: (1) Confirmation
of successful transmission to GRANTS.GOV, (2) confirmation of
successful validation by GRANTS.GOV, and (3) confirmation of successful
validation by FTA. If confirmations of successful validation are not
received or a notice of failed validation or incomplete materials is
received, the applicant must address the reason for the failed
validation, as described in the email notice, and resubmit before the
submission deadline. If making a resubmission for any reason, include
all original attachments regardless of which attachments were updated
and check the box on the supplemental form indicating this is a
resubmission.
FTA urges proposers to submit applications at least 72 hours prior
to the due date to allow time to receive the validation messages and to
correct any problems that may have caused a rejection notification.
GRANTS.GOV scheduled maintenance and outage times are announced on the
GRANTS.GOV Web site. Deadlines will not be extended due to scheduled
Web site maintenance.
Proposers 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 proposers
may still be required to take steps to keep their registration up to
date before submissions can be made successfully: (1) Registration in
the System for Award Management (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 under this NOFO cannot be used to reimburse applicants for
otherwise eligible expenses incurred prior to FTA award of a Grant
Agreement until FTA has issued pre-award authority for selected
projects through a notification in the Federal Register.
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 indicates that a project is scalable,
the applicant must provide an appropriate minimum funding amount that
will fund an eligible project that achieves the objectives of the
program and meets all relevant program requirements. The applicant must
provide a clear explanation of how the project budget would be affected
by a reduced award. FTA may award a lesser amount whether or not a
scalable option is provided.
E. Application Review
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 for the Low-No Program based on the criteria
described in this notice.
i. Demonstration of Need
Since the purpose of this program is to fund vehicles and
facilities, applications will be evaluated based on the quality and
extent to which they demonstrate how the proposed project will address
an unmet need for capital investment in vehicles and/or supporting
facilities. For example, an applicant may demonstrate that it requires
additional or improved charging or maintenance facilities for low or no
emission vehicles, that it intends to replace existing vehicles that
have exceeded their minimum useful life, or that it requires additional
vehicles to meet current ridership demands.
FTA will consider an applicant's responses to the following
criteria when assessing need for capital investment underlying the
proposed project:
a. Consistency With Long-Term Fleet Management Plan: As required by
49 U.S.C. 5339(c)(5)(b), all project proposals must demonstrate that
they are part of the intended recipient's long-term integrated fleet
management plan, as demonstrated through an existing transit asset
management program, fleet procurement plan, or similarly documented
program or policy. These plans must be attached to the application. FTA
will evaluate the consistency of the proposed project with the
applicant's long-term fleet management plan, as well as the applicant's
previous experience with the relevant low or no emissions vehicle
technologies.
b. For low or no emission bus projects (replacement and/or
expansion): Applicants must provide information on the age, condition
and performance of the vehicles to be replaced by the proposed project.
Vehicles to be replaced must have met their minimum useful life at the
time of application. For service expansion requests, applicants must
provide information on the proposed service expansion and the benefits
for transit riders and the community from the new service. For all
vehicle projects, the proposal must address whether the project
conforms to FTA's spare ratio guidelines. Low or no emission vehicles
funded under this program are not exempted from FTA's standard spare
ratio requirements which apply to and are calculated on the agency's
entire fleet.
c. For bus facility and equipment projects (replacement,
rehabilitation, and/or expansion): Applicants must provide information
on the age and condition of the asset to be rehabilitated or replaced
relative to its minimum useful life.
ii. Demonstration of Benefits
Applicants must demonstrate how the proposed project will support
statutory requirements of 49 U.S.C. 5339(c)(5)(A). In particular, FTA
will consider the quality and extent to which applications demonstrate
how the proposed project will: (1) Reduce Energy Consumption; (2)
Reduce Harmful Emissions; and (3) Reduce Direct Carbon Emissions.
a. Reduce Energy Consumption: Applicants must describe how the
proposed project will reduce energy consumption. FTA will evaluate
applications based on the degree to which the proposed technology
reduces energy as compared to more common vehicle propulsion
technologies.
b. Reduce Harmful Emissions: Applicants must demonstrate how the
proposed vehicles or facility will reduce the emission of particulates
that create local air pollution, which leads to local environmental
health concerns, smog, and unhealthy ozone concentrations. FTA will
evaluate the rate of particulate emissions by the proposed vehicles or
vehicles to be supported by the proposed facility, compared to the
emissions from the vehicles that will be replaced or moved to the spare
fleet as a result of the proposed project, as well as comparable
standard buses.
c. Reduce Direct Carbon Emissions: Applicants should demonstrate
how the proposed vehicles or facility will reduce emissions of
greenhouse gases from transit vehicle operations. FTA will evaluate the
rate of direct carbon emissions by the proposed vehicles or vehicles to
be supported by the proposed facility, compared to the emissions from
the vehicles that will be replaced or moved to the spare fleet as a
result of the proposed project, as well as comparable standard buses.
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iii. Planning and Local/Regional Prioritization
Applicants must demonstrate how the proposed project is consistent
with local and regional long range planning documents and local
government priorities. FTA will evaluate applications based on the
quality and extent to which they assess whether the project is
consistent with the transit priorities identified in the long range
plan; and/or contingency/illustrative projects included in that plan;
or the locally-developed human services public transportation
coordinated plan. Applicants are not required to submit copies of such
plans, but FTA will consider how the project will support regional
goals and may submit support letters from local and regional planning
organizations attesting to the consistency of the proposed project with
these plans.
Evidence of additional local or regional prioritization may include
letters of support for the project from local government officials,
public agencies, and non-profit or private sector partners.
iv. Local Financial Commitment
Applicants must identify the source of the local cost share and
describe whether such funds are currently available for the project or
will need to be secured if the project is selected for funding. FTA
will consider the availability of the local cost share as evidence of
local financial commitment to the project. Applicants should submit
evidence of the availability of funds for the project, for example by
including a board resolution, letter of support from the State, or
other documentation of the source of local funds such as a budget
document highlighting the line item or section committing funds to the
proposed project. In addition, an applicant may propose a local cost
share that is greater than the minimum requirement or provide
documentation of previous local investments in the project, which
cannot be used to satisfy local matching requirements, as evidence of
local financial commitment. FTA will also note if an applicant proposes
to use grant funds only for the incremental cost of new technologies
over the cost of replacing vehicles with standard propulsion
technologies.
v. Project Implementation Strategy
FTA will rate projects higher if grant funds can be obligated
within 12 months of selection and the project can be implemented within
a reasonable time frame. In assessing when funds can be obligated FTA
will consider whether the project qualifies for a Categorical Exclusion
(CE), or whether the required environmental work has been initiated or
completed for projects that require an Environmental Assessment (EA) or
Environmental Impact Statement (EIS) under the National Environmental
Policy Act of 1969 (NEPA), as amended. The proposal must state when if
grant funds can be obligated and indicate the timeframe under which the
Metropolitan Transportation Improvement Program (TIP) and/or Statewide
Transportation Improvement Program (STIP) can be amended to include the
proposed project.
In assessing whether the proposed implementation plans are
reasonable and complete, FTA will review the proposed project
implementation plan, including all necessary project milestones and the
overall project timeline. For projects that will require formal
coordination, approvals or permits from other agencies or project
partners, the applicant must demonstrate coordination with these
organizations and their support for the project, such as through
letters of support.
For project proposals that involve a partnership with a
manufacturer, vendor, consultant, or other third party, applicants must
identify by name any project partners, including but not limited to
other transit agencies, bus manufacturers, owners or operators of
related facilities, or any expert consultants. FTA will evaluate the
experience and capacity of the named project partners to successfully
implement the proposed project based on the partners' experience and
qualifications. Applicants are advised to submit information on the
partners' qualification and experience as a part of the application.
Entities involved in the project that are not named in the application
will be required to be selected through a competitive procurement.
For project proposals that will require a competitive procurement,
applicants must demonstrate familiarity with the current market
availability of the proposed advanced vehicle propulsion technology.
vi. 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.
vii. Review and Selection Process
In addition to other FTA staff that may review the proposals, a
technical evaluation committee will evaluate proposals based on the
published evaluation criteria. Members of the technical evaluation
committee and other FTA staff may request additional information from
applicants, if necessary. Based on the findings of the technical
evaluation committee, the FTA Administrator will determine the final
selection of projects for program funding. FTA may consider geographic
diversity, diversity in the size of the transit systems receiving
funding, and/or the applicant's receipt of other competitive awards in
determining the allocation of program funds. FTA may consider capping
the amount a single applicant may receive.
F. Federal Award Administration
Subsequent to an announcement by the FTA Administrator of the final
project selections, which will be posted on the FTA Web site, FTA will
publish a list of the selected projects, Federal award amounts, and
recipients in the Federal Register. Project recipients should contact
their FTA Regional Offices for additional information regarding
allocations for projects under the Bus and Low-No Programs.
At the time the project selections are announced, FTA will extend
pre-award authority for the selected projects. There is no blanket pre-
award authority for these projects before announcement.
1. Federal Award Notices
Funds under the Low-No Program are available to States, designated
recipients, local governmental authorities and Indian Tribes. There is
no minimum or maximum grant award amount; however, FTA intends to fund
as many meritorious projects as possible. Only proposals from eligible
recipients for eligible activities will be considered for funding. Due
to funding limitations, proposers 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
i. Pre-Award Authority
FTA will issue specific guidance to recipients regarding pre-award
authority at the time of selection. FTA does not provide pre-award
authority for
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discretionary funds until projects are selected and even then there are
Federal requirements that must be met before costs are incurred. For
more information about FTA's policy on pre-award authority, please see
the FY 2016 Apportionment Notice published on February 16, 2016.
https://www.gpo.gov/fdsys/pkg/FR-2016-02-16/pdf/2016-02821.pdf.
ii. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). All Low-No Emission recipients are
subject to the grant requirements of Section 5307 Urbanized Area
Formula Grant program, including those of FTA Circular 9030.1E. All
recipients must follow the Grants Management Requirements of FTA
Circular 5010.1D or its latest version, and the labor protections of 49
U.S.C. 5333(b). All discretionary grants, regardless of award amount,
will be subject to the congressional notification and release process.
Technical assistance regarding these requirements is available from
each FTA regional office.
iii. Buy America
FTA requires that all capital procurements meet FTA's Buy America
requirements, which require that all iron, steel, or manufactured
products be produced in the U.S. These requirements help create and
protect manufacturing jobs in the U.S. The Low-No Program will have a
significant economic impact on meeting the objectives of the Buy
America law. The FAST Act amended the Buy America requirements to
provide for a phased increase in the domestic content for rolling
stock. For FY17, the cost of components and subcomponents produced in
the United States must be more than 60 percent of the cost of all
components. For FY18 and FY19, the cost of components and subcomponents
produced in the United States must be more than 65 percent of the cost
of all components. For FY20 and beyond, the cost of components and
subcomponents produced in the United States must be more than 70
percent of the cost of all components. There is no change to the
requirement that final assembly of rolling stock must occur in the
United States. FTA issued guidance on the implementation of the phased
increase in domestic content on September 1, 2016. A copy of the policy
guidance may be found in 81 FR 60278 (September 1, 2016). Applicants
should read the policy guidance carefully to determine the applicable
domestic content requirement for their project. Any proposal that will
require a waiver 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, nor should applicants assume
that selection of a project under the Low-No Program that includes a
partnership with a manufacturer, vendor, consultant, or other third
party constitutes a waiver of the Buy America requirements for rolling
stock applicable at the time the project is undertaken.
iv. Disadvantaged Business Enterprise
FTA requires that its recipients receiving planning, capital and/or
operating assistance that will award prime contracts exceeding $250,000
in FTA funds in a Federal fiscal year comply with the Disadvantaged
Business Enterprise (DBE) program regulations at 49 CFR part 26.
Applicants should expect to include any funds awarded, excluding those
to be used for vehicle procurements, in setting their overall DBE goal.
Note, however, that projects including vehicle procurements remain
subject to the DBE program regulations. The rule requires that, prior
to bidding on any FTA-assisted vehicle procurement, entities that
manufacture vehicles, perform post-production alterations or
retrofitting must submit a DBE Program plan and goal methodology to
FTA. Further, to the extent that a vehicle remanufacturer is responding
to a solicitation for new or remanufactured vehicles with a vehicle to
which the remanufacturer has provided post-production alterations or
retro-fitting (e.g., replacing major components such as engine to
provide a ``like new'' vehicle), the vehicle remanufacturer is
considered a transit vehicle manufacturer and must also comply with the
DBE regulations.
The FTA will then issue a transit vehicle manufacturer (TVM)
concurrence/certification letter. Grant recipients must verify each
entity's compliance with these requirements before accepting its bid. A
list of compliant, certified TVMs is posted on FTA's Web page at
https://www.fta.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-tvms-list. Please note, that this list is nonexclusive and
recipients must contact FTA before accepting bids from entities not
listed on this web-posting. Recipients may also establish project
specific DBE goals for vehicle procurements. FTA will provide
additional guidance as grants are awarded. For more information on DBE
requirements, please contact Janelle Hinton, Office of Civil Rights,
202-366-9259, email: janelle.hinton@dot.gov.
v. Planning
FTA encourages proposers 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.
vi. 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.
3. Reporting
Post-award reporting requirements include the electronic submission
of Federal Financial Reports and Milestone Reports in FTA's electronic
grants management system.
G. Federal Awarding Agency Contacts
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. Complete applications must be submitted
through GRANTS.GOV by 5:00 p.m. EDT June 26, 2017. For issues with
GRANTS.GOV please contact GRANTS.GOV by phone at 1-800-518-4726 or by
email at support@grants.gov. Contact information for FTA's regional
offices can be found on FTA's Web site at www.fta.dot.gov.
H. Technical Assistance and Other Program Information
For further information concerning this notice, please contact the
Low-No Program manager Tara Clark by phone
[[Page 19453]]
at 202-366-2623, or by email at tara.clark@dot.gov. A TDD is available
for individuals who are deaf or hard of hearing at 800-877-8339. In
addition, FTA will post answers to questions and requests for
clarifications on FTA's Web site at http://transit.dot.gov/busprogram.
To ensure applicants receive accurate information about eligibility or
the program, the applicant is encouraged to contact FTA directly,
rather than through intermediaries or third parties, with questions.
FTA staff may also conduct briefings on the FY 2017 discretionary
grants selection and award process upon request.
Matthew J. Welbes,
Executive Director.
[FR Doc. 2017-08489 Filed 4-26-17; 8:45 am]
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