Fiscal Year 2019 Competitive Funding Opportunity; Grants for Buses and Bus Facilities Program |
|---|
|
K. Jane Williams
Federal Transit Administration
15 May 2019
[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Pages 21899-21905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09439]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Fiscal Year 2019 Competitive Funding Opportunity; Grants for
Buses and Bus Facilities Program
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of Funding Opportunity (NOFO).
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for approximately $423.35 million in fiscal year
(FY) 2019 funds under the Grants for Buses and Bus Facilities Program
(CFDA#20.526). As required by federal public transportation law and
subject to funding availability, funds will be awarded competitively to
assist in the financing of capital projects to replace, rehabilitate,
purchase or lease buses and related equipment, and to rehabilitate,
purchase, construct or lease bus-related facilities. 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 funds if they are made available to
the program prior to the announcement of project selections.
DATES: Complete proposals must be submitted electronically through the
[[Page 21900]]
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern Time on June 21,
2019. 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 http://transit.dot.gov/howtoapply and in the ``FIND'' module of GRANTS.GOV.
The GRANTS.GOV funding opportunity ID is FTA-2019-003-TPM. Mail and
fax submissions will not be accepted.
FOR FURTHER INFORMATION CONTACT: Mark Bathrick, FTA Office of Program
Management, 202-366-9955, or mark.bathrick@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review
F. Review and Selection Process
G. Federal Award Administration
H. Technical Assistance and Other Program Information
I. Federal Awarding Agency Contacts
A. Program Description
Section 5339(b) 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 funds for the Grants for Buses
and Bus Facilities Program through a competitive process, as described
in this notice, for capital projects to replace, rehabilitate, purchase
or lease buses and related equipment and to rehabilitate, purchase,
construct or lease bus-related facilities.
The purpose of the Grants for Buses and Bus Facilities Program is
to assist in the financing of capital projects for buses and bus
facilities, including replacing, rehabilitating, purchasing, or leasing
buses or related equipment, and rehabilitating, purchasing,
constructing, or leasing bus-related facilities.
The Grants for Buses and Bus Facilities Program provides funds
under 49 U.S.C. 5339(b)(1), to eligible applicants including designated
recipients that allocate funds to fixed route bus operators, states or
local governmental entities that operate fixed route bus service, and
Indian tribes. FTA also may award grants to eligible recipients for
projects to be undertaken by subrecipients. Eligible subrecipients
include all otherwise eligible applicants and also private nonprofit
organizations engaged in public transportation. In accordance with 49
U.S.C. 5339(b)(2), FTA will ``consider the age and condition of buses,
bus fleets, related equipment, and bus-related facilities'' in
selecting projects for funding. FTA may prioritize projects that
demonstrate how they will address significant repair and maintenance
needs, improve the safety of transit systems and deploy connective
projects that include advanced technologies to connect bus systems with
other networks.
B. Federal Award Information
Federal public transportation law at 49 U.S.C. 5338(a)(2)(M)
authorizes $267,059,980 in FY 2019 funds for the Section 5339(b) Grants
for Buses and Bus Facilities Program. The Consolidated Appropriations
Act, 2019 appropriated an additional $160,000,000 for the Grants for
Buses and Bus Facilities Program. After the mandatory oversight
takedown of $3,840,450 and the addition of $130,710 in unallocated FY
2018 program funding, FTA is announcing the availability of
$423,350,240 for the Grants for Buses and Bus Facilities Program
through this notice.
As required under 49 U.S.C. 5339(b)(5), a minimum of 10 percent of
the amount awarded under the Grants for Buses and Bus Facilities
Program will be awarded to projects located in rural areas. As required
by 49 U.S.C. 5339(b)(8), no single grantee will be awarded more than 10
percent of the amounts made available. FTA may further cap the amount a
single recipient or State may receive as part of the selection process.
In FY 2018, for example, the largest amount awarded to a single
applicant was $11,000,000 and no State received more than 8 percent of
the total funding available.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date that project selections are announced.
Funds are only available for projects that have not incurred costs
prior to the selection of projects, and will remain available for
obligation for three Federal fiscal years, not including the year in
which the funds are allocated to projects.
C. Eligibility Information
1. Eligible Applicants
Under 49 U.S.C. 5339(b)(1), eligible applicants include designated
recipients that allocate funds to fixed route bus operators, states or
local governmental entities that operate fixed route bus service, and
Indian tribes. Eligible subrecipients include all otherwise eligible
applicants and also private nonprofit organizations engaged in public
transportation.
Under 49 U.S.C. 5339(b)(3), States may submit a statewide
application on behalf of public agencies or private nonprofit
organizations engaged in public transportation in rural areas or for
other areas for which a State allocates funds. Except for projects
proposed by Indian tribes, all proposals for projects in rural (non-
urbanized) areas must be submitted by a State, either individually or
as a part of a statewide application. States and other eligible
applicants may also submit consolidated proposals for projects in
urbanized areas. The submission of a statewide or consolidated
urbanized area application shall not preclude the submission and
consideration of any application from other eligible recipients in an
urbanized area in a State. Proposals may contain projects to be
implemented by the recipient or its subrecipients.
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.
2. Cost Sharing or Matching
The maximum federal share for projects selected under the Grants
for Buses and Bus Facilities Program is 80 percent of the net project
cost (i.e., the local amount should be at least 20 percent of the net
project cost, not 20 percent of the requested grant amount), unless
noted below by one of the exceptions.
a. The maximum Federal share is 85 percent of the net project cost
of acquiring vehicles (including clean-fuel or alternative fuel
vehicles) that are compliant with the Clean Air Act (CAA) and/or the
Americans with Disabilities Act (ADA) of 1990.
b. The maximum Federal share is 90 percent of the net project cost
of acquiring, installing or constructing vehicle-related equipment or
facilities (including clean fuel or alternative-fuel vehicle-related
equipment or facilities) that are required by the ADA of 1990, or that
are necessary to comply with or maintaining compliance with the Clean
Air Act. The award recipient must itemize the cost of specific,
discrete, vehicle-related equipment associated with compliance with ADA
or CAA to be eligible for the maximum 90 percent Federal share for
these costs.
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
[[Page 21901]]
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; or funds
from an undistributed cash surplus; replacement or depreciation cash
fund or reserve; or new capital. In addition, transportation
development credits or documentation of in-kind match may substitute
for local match if identified in the application.
If an applicant proposes a Federal share greater than 80 percent,
the application must clearly explain why the project is eligible for
the proposed Federal share.
3. Eligible Projects
Under 49 U.S.C. 5339(b)(1), eligible projects are capital projects
to replace, rehabilitate purchase, or lease buses, vans, and related
equipment, and capital projects to rehabilitate, purchase, construct,
or lease bus-related facilities.
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, to pay not
more than 80 percent of the cost of eligible activities (see 49 U.S.C.
5314(b)(4) and 49 U.S.C. 5314(c)(4)(A)). 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
Applications must be submitted electronically through GRANTS.GOV.
General information for submitting applications through GRANTS.GOV can
be found at https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding 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 two forms: The
SF424 Application for Federal Assistance (downloaded from GRANTS.GOV)
and the supplemental form for the FY 2019 Grants for Buses and Bus
Facilities Program (downloaded from GRANTS.GOV or the FTA website at
www.transit.dot.gov/busprogram). Applicants may also attach additional
supporting information. Failure to submit the information as required
can delay or prevent review of the application.
2. Content and Form of Application Submission
A complete proposal submission consists of two forms: The SF424
Application for Federal Assistance and the FY 2019 Grants for Buses and
Bus Facilities Program supplemental form. The supplemental form and any
supporting documents must be attached to the ``Attachments'' section of
the SF424. A complete application must include responses to all
sections of the SF424 Application for Federal Assistance and the
supplemental form, unless indicated as optional. The information on the
supplemental form will be used to determine applicant and project
eligibility for the program, and to evaluate the proposal against the
selection criteria described in part E of this notice.
FTA will accept only one supplemental form per SF424 submission.
FTA encourages States and other applicants to consider submitting a
single supplemental form that includes multiple activities to be
evaluated as a consolidated proposal. If a State or other applicant
chooses to submit separate proposals for individual consideration by
FTA, each proposal must be submitted using a separate SF424 and
supplemental form.
Applicants may attach additional supporting information to the
SF424 submission, including but not limited to letters of support,
project budgets, fleet status reports or excerpts from relevant
planning documents. 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 applicant name, Federal amount requested, local
match amount, description of areas served, etc. may be requested in
varying degrees of detail on both the SF424 and Supplemental Form.
Applicants must fill in all fields unless stated otherwise on the
forms. Applicants should not place N/A or ``refer to attachment'' in
lieu of typing in responses in the field sections. If information is
copied into the supplemental form from another source, applicants
should verify that pasted text is fully captured on the supplemental
form and has not been truncated by the character limits built into the
form. Applicants should use both the ``Check Package for Errors'' and
the ``Validate Form'' validation buttons on both forms to check all
required fields on the forms, and ensure that the federal and local
amounts specified are consistent.
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 Bus
Infrastructure Program's objectives
h. Evidence that the project is consistent with local and regional
planning objectives
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. SAM registration
takes approximately 3-5 business days, but 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.
[[Page 21902]]
4. Submission Dates and Times
Project proposals must be submitted electronically through
GRANTS.GOV by 11:59 p.m. Eastern on June 21, 2019. Mail and fax
submissions will not be accepted.
FTA urges applicants to submit applications at least 72 hours prior
to the due date 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 only be considered under
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 two email messages from GRANTS.GOV: (1)
Confirmation of successful transmission to GRANTS.GOV and (2)
confirmation of successful validation by GRANTS.GOV. 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, applicants must 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
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.
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
FTA will evaluate project proposals for the Grants for Buses and
Bus Facilities Program based on the criteria described in this notice.
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.
1. Demonstration of Need
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 bus vehicles and/or supporting
facilities. For example, an applicant may demonstrate an excessive
reliance on vehicles that are beyond their intended service life,
insufficient maintenance facilities due to size or condition, a vehicle
fleet that is insufficient to meet current ridership demands or
passenger facilities that are insufficient for their current use.
Applicants should address whether the project represents a one-time or
periodic need that cannot reasonably be funded from FTA formula program
allocations and State or local resources. As a part of the response for
demonstration of need, applicants should provide the following
information:
a. For bus projects (replacement, rehabilitation or expansion):
Applicants must provide information on the age, condition and
performance of the asset(s) to be replaced or rehabilitated by the
proposed project. 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 how the project conforms to
FTA's spare ratio guidelines.
b. 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.
2. Demonstration of Benefits
Applications will be evaluated based on how well they describe how
the proposed project will improve the condition of the transit system,
improve the reliability of transit service for its riders and enhance
access and mobility within the service area.
System Condition: FTA will evaluate the potential for the project
to improve the condition of the transit system by repairing and/or
replacing assets that are in poor condition or have surpassed their
minimum or intended useful life benchmarks, lowering the average age of
vehicles in the fleet and/or reducing the cost of maintaining outdated
vehicles, facilities and equipment.
Service Reliability: FTA will evaluate the potential for the
project to reduce the frequency of breakdowns or other service
interruptions caused by the age and condition of the agency's bus
fleet. Applicants should document their current service reliability
metrics and benchmark goals, including their strategy for improving
reliability with or without the award of Bus and Bus Facilities Program
funds.
Enhanced Access and Mobility: FTA will evaluate the potential for
the project to improve access and mobility for the transit riding
public, such as through increased reliability, improved headways,
creation of new transportation choices or eliminating gaps in the
current route network. Proposed benefits should be based on documented
ridership demand and be well-described or documented through a study or
route planning proposal.
3. Planning and Local/Regional Prioritization
Applicants must demonstrate how the proposed project will be
consistent with local and regional long-range planning documents and
local government priorities. This will involve assessing 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 should describe how the project will support
regional goals. Additional
[[Page 21903]]
consideration will be given to applications including support letters
from local and regional planning organizations, local government
officials, public agencies and/or non-profit or private sector partners
attesting to the consistency of the proposed project with these plans.
Applicants may also address how the proposed project will impact
overall system performance, asset management performance or specific
performance measures tracked and monitored by the applying entity to
demonstrate how the proposed project will address local and regional
planning priorities.
Evidence of additional local or regional prioritization (i.e.,
Statewide Transportation Improvement Plan and Long Range Transportation
Plan) should include letters of support for the project from local
government officials, public agencies (i.e., Metropolitan Planning
Organizations) and non-profit or private sector partners.
4. 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. Additional consideration
will be given to those projects for which local funds have already been
made available or reserved. Applicants should submit evidence of the
availability of funds for the project, 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, as evidence of local financial commitment, an applicant may
propose a local cost share that is greater than the minimum
requirement. Additional consideration will be given to those projects
that propose a larger percentage of local cost share.
5. Project Implementation Strategy
Projects will be evaluated based on the extent to which the project
is ready to implement within a reasonable period of time and whether
the applicant's proposed implementation plans are reasonable and
complete.
In assessing whether the project is ready to implement within a
reasonable period of time, FTA will consider whether the project
qualifies for a Categorical Exclusion, or whether the required
environmental work has been initiated or completed for projects that
require an Environmental Assessment or Environmental Impact Statement
under the National Environmental Policy Act of 1969 (NEPA), as amended.
The proposal must also state whether grant funds can be obligated
within 12 months from time of award, if selected, and indicate the
timeframe under which the Metropolitan Transportation Improvement
Program and/or Statewide Transportation Improvement Program can be
amended to include the proposed project. Additional consideration will
be given to projects for which grant funds can be obligated within 12
months from time of award.
In assessing whether the proposed implementation plans are
reasonable and complete, FTA will review the proposed project
implementation plan, including all necessary project milestones and the
overall project timeline. For projects that will require formal
coordination, approvals or permits from other agencies or project
partners, the applicant must demonstrate coordination with these
organizations and their support for the project, such as through
letters of support.
6. Technical, Legal and Financial Capacity
Applicants must demonstrate that they have the technical, legal and
financial capacity to undertake the project. FTA will review relevant
oversight assessments and records to determine whether there are any
outstanding legal, technical or financial issues with the applicant
that would affect the outcome of the proposed project. Applicants with
outstanding legal, technical or financial compliance issues from an FTA
compliance review or Federal Transit grant-related Single Audit finding
must explain how corrective actions taken will mitigate negative
impacts on the proposed project.
F. 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. After applying the above criteria, the
FTA Administrator will consider the following key Departmental
objectives:
(A) Supporting economic vitality at the national and regional
level;
(B) Utilizing alternative funding sources and innovative financing
models to attract non-Federal sources of infrastructure investment;
(C) Accounting for the life-cycle costs of the project to promote
the state of good repair;
(D) Using innovative approaches to improve safety and expedite
project delivery; and
(E) Holding grant recipients accountable for their performance and
achieving specific, measurable outcomes identified by grant applicants.
Prior to making an award, 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.
The FTA Administrator will determine the final selection of
projects for program funding. In determining the allocation of program
funds, FTA may consider geographic diversity, diversity in the size of
the transit systems receiving funding, the applicant's receipt of other
competitive awards, projects located in or that support public
transportation service in a qualified opportunity zone designated
pursuant to 26 U.S.C. 1400Z-1, and the percentage of local share
provided. Not less than 10 percent of the Buses and Bus Facilities
Program funds will be distributed to projects in rural areas. In
addition, FTA will not award more than 10 percent of the funds to a
single grantee.
G. Federal Award Administration
1. Federal Award Notice
Final project selections will be posted on the FTA website. FTA
will also publish a list of the selected projects, a summary of final
scores for selected projects, Federal award amounts and recipients in
the Federal Register. Selected recipients should contact their FTA
regional offices for additional information regarding allocations for
projects under the Grants for Buses and Bus Facilities Program.
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.
2. Award Administration
Funds under the Grants for Buses and Bus Facilities Program are
available to designated recipients that allocate funds to fixed route
bus operators, state or local governmental entities that operate fixed
route bus service, and Indian tribes. There is no minimum or maximum
grant award amount apart from the restriction that FTA will not award
more than ten percent of the funds to a single grantee; however, FTA
intends to fund as many meritorious
[[Page 21904]]
projects as possible. Only proposals from eligible recipients for
eligible activities will be considered for funding. Due to funding
limitations, proposals 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
stand-alone projects that can be completed with the amount awarded.
3. Administrative and National Policy Requirements
a. Pre-Award Authority
The FTA will issue specific guidance to recipients regarding pre-
award authority at the time of selection. The FTA does not provide pre-
award authority for competitive funds until projects are selected and
even then there are Federal requirements that must be met before costs
are incurred. For more information about FTA's policy on pre-award
authority, please see the FY 2018 Apportionment Notice published on
July 16, 2018 which can be accessed at http://www.gpo.gov/fdsys/pkg/FR-2018-07-16/pdf/2018-14989.pdf.
b. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). Recipients of Grants for Buses and Bus
Facilities Program funding in urban areas are subject to the grant
requirements of the Section 5307 Urbanized Area Formula Grant program,
including those of FTA Circular 9030.1E. Recipients of funding in rural
areas are subject to the grant requirements of the Section 5311 Formula
Grants for Rural Areas Program, including those of FTA Circular
9040.1G. All recipients must follow the Grants Management Requirements
of FTA Circular 5010.1E, and the labor protections of 49 U.S.C.
5333(b). Technical assistance regarding these requirements is available
from each FTA regional office.
c. Buy America
The FTA requires that all capital procurements meet FTA's Buy
America requirements per 49 U.S.C. 5323(j), which require that all
iron, steel, or manufactured products be produced in the United States,
to help create and protect manufacturing jobs in the United States. The
Grants for Buses and Bus Facilities Program will have a significant
economic impact toward 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 FY 2019,
the cost of components and subcomponents produced in the United States
must be more than 65 percent of the cost of all components. For FY 2020
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. The Buy America
requirements can be found in 49 CFR part 661 and additional guidance on
the implementation of the phases increase in domestic content can be
found at 81 FR 60278 (Sept. 1, 2016). Any proposal that will require a
waiver must identify in the application the items for which a waiver
will be sought. Applicants should not proceed with the expectation that
waivers will be granted, nor should applicants assume that selection of
a project under the Grants for Buses and Bus Facilities Program that
includes a partnership with a manufacturer, vendor, consultant, or
other third party constitutes a waiver of the Buy America requirements
applicable at the time the project is undertaken. Consistent with
Executive Order 13858 Strengthening Buy-American Preferences for
Infrastructure Projects, signed by President Trump on January 31, 2019,
applicants should maximize the use of goods, products, and materials
produced in the United States, in Federal procurements and through the
terms and conditions of Federal financial assistance awards.
d. 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 comply with the Disadvantaged Business Enterprise (DBE)
program regulations at 49 CFR part 26. The rule requires that, prior to
bidding on any FTA-assisted vehicle procurement, entities that
manufacture vehicles or perform post-production alterations or
retrofitting must submit a DBE Program plan and annual 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.
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.
e. 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 this program. Selected projects
must be incorporated into the long-range plans and transportation
improvement programs of States and metropolitan areas before they are
eligible for FTA funding.
f. Standard Assurances
By submitting a grant application, the applicant assures that it
will comply with all applicable federal statutes, regulations,
executive orders, directives, FTA circulars and other federal
administrative requirements in carrying out any project supported by
the FTA grant. Further, the applicant acknowledges that it is under a
continuing obligation to comply with the terms and conditions of the
grant agreement issued for its project with FTA. The applicant
understands that Federal laws, regulations, policies and administrative
practices might be modified from time to time and may affect the
implementation of the project. The applicant agrees that the most
recent Federal requirements will apply to the project, unless FTA
issues a written determination otherwise. The applicant must submit the
Certifications and Assurances before receiving a grant, if it does not
have current certifications on file.
g. Reporting
Post-award reporting requirements include the electronic submission
of Federal Financial Reports and Milestone Progress Reports in FTA's
electronic grants management system.
[[Page 21905]]
H. Technical Assistance and Other Program 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. Complete applications must be submitted
through GRANTS.GOV by 11:59 p.m. eastern time on June 21, 2019. For
assistance 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 website at https://www.transit.dot.gov/about/regional-offices/regional-offices.
I. Federal Awarding Agency Contacts
For further information concerning this notice, please contact the
Grants for Buses and Bus Facilities Program manager, Mark Bathrick, via
email at mark.bathrick@dot.gov or by phone at 202-366-9955. A TDD is
available for individuals who are deaf or hard of hearing at 800-877-
8339. In addition, FTA will post answers to questions and requests for
clarifications on FTA's website at http://transit.dot.gov/busprogram.
FTA staff will also conduct a webinar for potential applicants to learn
more about the program and submittal process.
To ensure the receipt of accurate information about eligibility or
the program, applicants with questions are encouraged to contact FTA
directly, rather than through intermediaries or third parties.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2019-09439 Filed 5-14-19; 8:45 am]
BILLING CODE P