Discretionary Funding Opportunity: Grants for Pilot Program for Expedited Project Delivery |
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K. Jane Williams
Federal Transit Administration
28 July 2020
[Federal Register Volume 85, Number 145 (Tuesday, July 28, 2020)]
[Notices]
[Pages 45460-45465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16342]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Discretionary Funding Opportunity: Grants for Pilot Program for
Expedited Project Delivery
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 a total of $225 million in Fiscal Year (FY)
2020, FY 2019, FY 2017 and FY 2016 funds under the Expedited Project
Delivery Pilot Program (EPD Pilot Program) authorized by Section
3005(b) of the Fixing America's Surface Transportation Act (FAST Act).
The EPD Pilot Program is aimed at expediting delivery of new fixed
guideway capital projects, small starts projects, or core capacity
improvement projects. These projects must utilize public-private
partnerships, be operated and maintained by employees of an existing
public transportation provider, and have a Federal share not exceeding
25 percent of the project cost. The FAST Act specifies that not more
than eight projects can be awarded grants under the EPD Pilot Program.
FTA may award additional funds if they are made available to the EPD
Pilot Program.
DATES: Applications will be accepted on a rolling basis until up to
eight grants are awarded and subject to funding availability. Complete
proposals must be submitted electronically through the EPD Pilot
Program website at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b. Mail and fax submissions will
not be accepted.
FOR FURTHER INFORMATION CONTACT: Susan Eddy, FTA Office of Planning and
Environment, 202-366-5499, or susan.eddy@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 Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
A. Program Description
Section 3005(b) of the FAST Act, Public Law 114-94 (December 4,
2015), authorizes FTA to award not more than eight grants for the EPD
Pilot Program through a discretionary process, as described in this
notice, for new fixed guideway capital projects, small starts projects,
or core capacity improvement projects that have not yet entered a
construction grant agreement with the FTA. The law defines these types
of eligible projects for the EPD Pilot Program in a manner similar to,
but not entirely the same as, FTA's Capital Investment Grants (CIG)
program. The FTA encourages applicants to review the definitions found
in Section C of this NOFO to ensure the project's eligibility. Projects
must utilize public-private partnerships, be operated and maintained by
employees of an existing public transportation provider, and have a
Federal share not exceeding 25 percent of the project cost.
On September 12, 2018, FTA published a Federal Register Notice
(FRN) soliciting expressions of interest in the EPD Pilot Program. In
response to the FRN, four project sponsors, representing a total of
seven projects, submitted expressions of interest. FTA worked with all
four project sponsors to further define the steps in the EPD Pilot
Program for the projects to be eligible for funding. On August 28,
2019, FTA announced the allocation of $125 million under the EPD Pilot
Program to the Santa Clara Valley Transportation Authority (VTA) for
the Bay Area Rapid Transit (BART) Silicon Valley Phase II project. VTA
was one of the four sponsors that previously expressed an interest in
the program. The remaining $100 million is currently available for
allocation.
All interested project sponsors, including those who submitted
expressions of interest in response to the FRN, even if they have
received or will receive an allocation, must meet the EPD Pilot Program
requirements contained in this NOFO and must apply based on the
requirements further described in this NOFO before they can be
considered for a construction grant agreement. Project sponsors who did
not previously express an interest in the EPD Pilot Program are
eligible to apply to the EPD Pilot Program consistent with the
eligibility and application requirements of the EPD Pilot Program.
B. Federal Award Information
Congress appropriated $100 million for the EPD Pilot Program in FY
2020, $100 million in FY 2019, $20 million in FY 2017, and $5 million
in FY 2016. The FTA is announcing the opportunity to apply for $225
million in grant funding through this notice. Successful applicants
will receive a grant from FTA.
The FTA will grant pre-award authority to incur costs for selected
projects beginning on the date that the project selections are
announced.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants to the EPD Pilot Program are state or local
government authorities who must demonstrate:
a. The requisite legal, financial, and technical capacities to
carry out the eligible project, including the safety and security
aspects of the eligible project;
b. Satisfactory continuing control over the use of the equipment or
facilities;
c. The technical and financial capacity to maintain new and
existing equipment and facilities;
d. That they have qualified advisors providing guidance on the
terms and structure of the project who are
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independent from investors in the project; and
e. That the existing public transportation system is in a state of
good repair.
2. Cost Sharing or Matching
a. The maximum Federal share for projects selected under the EPD
Pilot Program is 25 percent of the total project cost.
b. The remainder of the capital project cost shall be provided from
an undistributed cash surplus, a replacement or depreciation cash fund
or reserve, or new capital.
3. Eligible Projects
Under the EPD Pilot Program, eligible projects are new fixed
guideway capital projects, small start projects, or core capacity
improvement projects that have not entered into a full funding grant
agreement with FTA. New fixed guideway capital projects or small start
projects may include the acquisition of real property, the initial
acquisition of rolling stock for the system, the acquisition of right-
of-way, and relocation. Core capacity improvement projects may include
the acquisition of real property, the acquisition of rights-of-way,
double tracking, signalization improvements, electrification, expanding
system platforms, acquisition of rolling stock associated with corridor
improvements increasing capacity, construction of infill stations, and
such other capacity improvements as FTA determines are appropriate to
increase the capacity of an existing fixed guideway system corridor by
not less than 10 percent. Core capacity improvement projects may not
include elements to improve general station facilities or parking, or
acquisition of rolling stock alone.
Eligible projects must:
a. Be included in an approved transportation plan, approved
transportation improvement program, and statewide transportation
improvement program as required under 49 U.S.C. 5303 and 5304;
b. Be supported through a public-private partnership;
c. Identify and demonstrate an acceptable degree of local financial
commitment;
d. Be operated and maintained by employees of an existing provider
of fixed guideway or bus rapid transit public transportation in the
service area of the project, or if none exists, by employees of an
existing transportation provider in the service area;
e. Have completed the planning and activities required under the
National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321, et
seq.);
f. Not be the subject of an outstanding injunction or stop work
order;
g. Have executed all identified critical third-party agreements;
and
h. Have completed at least 30 percent of project design and
engineering.
4. Definitions
For purposes of this notice, the following definitions will apply:
a. The term ``new fixed guideway capital project'' means:
i. A fixed guideway project that is a minimum operable segment or
extension to an existing fixed guideway system; or
ii. a fixed guideway bus rapid transit project that is a minimum
operable segment or an extension to an existing bus rapid transit
system.
b. The term ``fixed guideway bus rapid transit project'' means a
bus capital project:
i. In which the majority of the project operates in a separated
right-of-way dedicated for public transportation use during peak
periods;
ii. that represents a substantial investment in a single route in a
defined corridor or subarea; and
iii. that includes features that emulate the services provided by
rail fixed guideway public transportation systems, including:
(a) Defined stations;
(b) traffic signal priority for public transportation vehicles;
(c) short headway bidirectional services for a substantial part of
weekdays and weekend days; and
(d) any other features the Secretary of Transportation may
determine are necessary to produce high-quality public transportation
services that emulate the services provided by rail fixed guideway
public transportation systems.
c. The term ``small start project'' means a new fixed guideway
capital project, a fixed guideway bus rapid transit project, or a
corridor-based bus rapid transit project for which:
i. The Federal assistance provided or to be provided under this EPD
Pilot Program is less than $75,000,000; and
ii. the total estimated capital cost is less than $300,000,000.
d. The term ``corridor-based bus rapid transit project'' means a
small start project utilizing buses in which the project represents a
substantial investment in a defined corridor as demonstrated by
features that emulate the services provided by rail fixed guideway
public transportation systems:
i. Including:
(a) defined stations;
(b) traffic signal priority for public transportation vehicles;
(c) short headway bidirectional services for a substantial part of
weekdays; and
(d) any other features the Secretary of Transportation may
determine support a long-term corridor investment; and
ii. the majority of which does not operate in a separated right-of-
way dedicated for public transportation use during peak periods.
e. The term ``core capacity improvement project'':
i. Means a substantial corridor-based capital investment in an
existing fixed guideway system that increases the capacity of a
corridor by not less than 10 percent; and
ii. may include project elements designed to aid the existing fixed
guideway system in making substantial progress towards achieving a
state of good repair.
f. The terms ``capital project'', ``fixed guideway'', ``local
governmental authority'', ``public transportation'', ``State'', and
``state of good repair'' have the meanings given those terms in section
5302 of title 49, United States Code.
g. The term ``public-private partnership'' means a contractual
agreement formed between a public agency and a private sector entity
that is characterized by private sector investment and risk-sharing in
the delivery, financing, and/or operation of a capital project; and to
maintain eligibility for the EPD Pilot Program, the capital project
must be operated and maintained by employees of an existing public
transportation provider.
h. The term ``critical third-party agreement'' means one which has
been identified by the applicant and verified during the application
review process by FTA in collaboration with the applicant and any other
project participant, as required before construction or operations can
begin, the absence of which may significantly change the cost, scope
and schedule. Further FTA information on critical third party
agreements can be found at https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/regulations-and-guidance/116521/op-39-3rd-party-agreements-01-2018.pdf.
i. The term ``committed funds'' means that the funds have all
necessary approval (legislative or referendum) to be used to fund the
project without any additional action. Examples of evidence include an
adopted state annual budget and an adopted multi-year local Capital
Improvement Program (CIP).
j. The term ``30 percent of project design and engineering'' means
the FTA
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expects the applicant to provide documents at the following level of
detail:
i. Project Management Plan (PMP) and sub-plans--should include
processes and procedures to continuously manage the project and a
staffing plan that identifies key personnel and demonstrates the
applicant's management capacity and capability. For elements and
requirements of Project Management Plans (PMP) and sub-plans see 49 CFR
633;
ii. Project definition--key elements are identified and reasonably
defined;
iii. Cost Estimate--addresses key items within the project's work
breakdown structure at an appropriate level and is formatted using the
FTA's Standard Cost Categories (see ``SCC Definitions'' tab of SCC
Workbook found at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b). Includes both the basis for
the estimate and required contingency based on the level of design and
in accordance with FTA and industry best practices;
iv. Schedule--addresses key activities, milestones and elements
within the project's work breakdown structure and incorporates proposed
delivery methodology;
v. Third Party Agreements and Right-of-Way--are identified with a
plan and schedule for completion;
vi. Project Delivery Method--the delivery method is identified
(with related methodologies, activities, and milestones reflected
throughout the other required products);
vii. Value Engineering (VE) Report--the report is substantially
complete and a draft report shared with FTA where applicable (for
example, a separate VE report may not be needed for some project
delivery methods such as design-build, since bidders may be required to
provide the VE options as part of their proposals.);
viii. Safety--a preliminary safety hazard analysis and a
preliminary threat and vulnerability analysis have been completed and
the development of safety and security design criteria has been
initiated;
ix. Accessibility--the applicant demonstrates steps that will be
taken to ensure compliance with DOT regulations and standards issued
under the Americans with Disabilities Act, including a preliminary
analysis of accessibility features such as accessible routes to, from,
and within the station sites or boarding locations; detectable
warnings; signage and communications; curb ramps; and other
accessibility features required under the ADA; and
x. Constructability Review Report--a draft report is submitted,
where applicable (for example, for very simple projects, a
constructability review early might not yield great benefits). The
report includes at a minimum the general construction approach, a
discussion of site access, and other potential constraints.
Further details are contained on the EPD Pilot Program website:
https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b.
k. The term ``level of service'' (LOS) is used to qualitatively
describe the operating conditions of a transportation facility.
Applicants may use the definition and methodology contained in the
Transportation Research Board (TRB) Highway Capacity Manual (HCM), the
American Association of State Highway and Transportation Officials
(AASHTO) A Policy on Geometric Design of Highways and Streets, or a
similar traffic analysis method.
l. The term ``Full Funding Grant Agreement'' means an agreement
between the applicant and FTA that shall:
i. Establish the terms of participation by the Federal Government
in the eligible project;
ii. Establish the maximum amount of Federal financial assistance
for the eligible project;
iii. Include the period of time for completing construction of the
eligible project, consistent with the terms of the public-private
partnership agreement, even if that period extends beyond the period of
an authorization;
iv. Make timely and efficient management of the eligible project
easier according to the law of the United States;
v. Obligate an amount of available budget authority specified in
law and may include a commitment, contingent on amounts to be specified
in law in advance for commitments, to obligate an additional amount
from future available budget authority specified in law; and
vi. State that the contingent commitment is not an obligation of
the Federal Government.
D. Application and Submission Information
1. Address To Request Application Package
Applications must be submitted electronically through the EPD Pilot
Program website at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b. The website includes the
required forms and specific instructions for the forms and attachments
required for submission. Applicants may also attach additional
supporting information. Mail and fax submissions will not be accepted.
Failure to submit the information as required can delay or prevent
review of the application.
2. Content and Form of Application Submission
A strong transportation network is critical to functioning and
growth of the American economy. The nation's industry depends on the
transportation network to move the goods that it produces and
facilitate the movements of the workers who are responsible for that
production. When the nation's highways, railways and ports function
well, that infrastructure connects people to jobs, increases the
efficiency of delivering goods and thereby cuts the costs of doing
business, reduces the burden of commuting, and improves overall well-
being.
Rural transportation networks play a vital role in supporting our
national economic vitality. Addressing the deteriorating conditions and
disproportionately high fatality rates on our rural transportation
infrastructure is of critical interest to the Department, as rural
transportation networks face unique challenges in safety,
infrastructure condition, and passenger and freight usage. Consistent
with the R.O.U.T.E.S. Initiative, the Department encourages applicants
to consider how the project will address the challenges faced by rural
areas.
A complete proposal submission consists of all required forms and
attachments found at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b. A complete application must
include responses to all sections of the forms, unless indicated as
optional. The information on the forms and attachments will be used to
determine the applicant and project eligibility for the program, and to
evaluate the proposal against the criteria described in this notice.
Applicants may attach additional supporting information to the
submission, including but not limited to, letters of support or
excerpts from relevant planning documents. Supporting documentation
must be described and referenced by file name in the appropriate
response section of the mandatory forms, or it may not be reviewed.
The mandatory forms found at https://www.transit.dot.gov/funding/
grants/pilot-program-expedited-project-
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delivery-3005b 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
project type);
f. A detailed description of the project scope;
g. A detailed description of how the project meets the EPD Pilot
Program definition of new fixed guideway capital project, small start
project, or core capacity improvement project;
h. A brief description of the need for the project and how the
project will support the EPD Pilot Program's objectives;
i. A map of the project;
j. Evidence that the project is included in the approved
Metropolitan Transportation Plan, Transportation Improvement Program
and Statewide Transportation Improvement Program;
k. Evidence that the NEPA review for the project is complete;
l. Evidence of the Public-Private Partnership;
m. Evidence of advisors providing guidance on the terms and
structure of the project that are independent from investors in the
project;
n. Self-certification that the project is not the subject of an
outstanding injunction or stop work order.
o. A list of all identified critical third-party agreements and
execution dates;
p. A description of the technical, legal and financial capacity of
the applicant;
q. A detailed project budget;
r. Identification of the local cost share and evidence that all the
non-Federal capital funds are currently available or committed.
Applicants should submit evidence of availability of funds for the
project, for example, by including documentation of the source of local
funds such as a budget document highlighting the line item or section
committing funds to the proposed project;
s. The most recent Audited Financial Statement documenting the
financial health of the applicant. If the applicant will not operate
and maintain the project, the most recent Audited Financial Statement
documenting the financial health of the transit system that will
operate and maintain the project must also be provided;
t. System-wide operations and maintenance costs and funding sources
for the transit system that will operate and maintain the project for
the first five years of operation of the project;
u. A detailed project schedule;
v. Evidence that the applicant has completed at least 30 percent
design and engineering;
w. Identify whether the project would be in a qualified opportunity
zone designated pursuant to 26 U.S.C. Section 1400Z-1;
x. Evidence that the project is justified based on findings
presented by the applicant on mobility improvements attributable to the
project. This could be provided by evidence of the reduced transit
travel time during the peak period from end to end of the project after
revenue service starts compared to the transit travel time during the
peak period at present;
y. Evidence that the project is justified based on findings
presented by the applicant on environmental benefits associated with
the project. This could be provided by evidence of the reduced energy
consumption by highway and transit vehicles after revenue service
starts compared to the present;
z. Evidence that the project is justified based on findings
presented by the applicant on congestion relief associated with the
project. This could be provided by a description of the current Level
of Service (LOS) on the roads in the project corridor;
aa. Evidence that the project is justified based on findings
presented by the applicant on the economic development effects derived
as a result of the project. This could take the form of documentation
of the maximum residential, commercial and mixed-use development that
could take place within one-half mile of all new station areas, based
on currently adopted zoning ordinances;
bb. Evidence that the project is justified based on estimated
ridership projections developed through the use of FTA's Simplified
Trips-on Project Software (https://www.transit.dot.gov/funding/grant-programs/capital-investments/stops);
cc. Self-certification that the existing public transportation
system of the applicant or, in the event the applicant does not operate
a public transportation system, the public transportation system to
which the proposed project will be attached, is in a state of good
repair. This requirement may be waived by FTA if the project meets the
definition of a core capacity improvement project, and FTA determines
that the eligible project will allow the applicant to make substantial
progress in achieving a state of good repair. Applicants should provide
information to enable FTA to make this determination; and
dd. A description of how the applicant intends to conduct a Before
and After Study that describes and analyzes the impacts of the proposed
project on public transportation services and public transportation
ridership as required by the EPD Pilot Program. Applicants must also
provide information on the predicted benefits and costs for the
innovative project development delivery method or innovative financing.
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
has an exemption approved by FTA under Federal grants and agreements
law (2 CFR Section 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.
4. Submission Dates and Times
Applications will be accepted on a rolling basis until up to eight
grants are awarded and subject to funding availability. Complete
proposals must be submitted electronically through the EPD Pilot
Program website at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b.
5. Intergovernmental Review
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.''
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6. 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.
E. Application Review Information
1. Evaluation Criteria
FTA will evaluate project proposals for the EPD Pilot Program based
on the criteria described in this notice. Projects will be evaluated
primarily on the responses provided in the required forms and
attachments found at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b. Additional information may be
provided to support the responses; however, any additional
documentation must be directly referenced on a required form, including
the file name where the additional information can be found.
Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department recognizes that rural
transportation networks face unique challenges. To the extent that
those challenges are reflected in the merit criteria listed in this
section, the Department will consider how the activities proposed in
the application will address those challenges.
a. Demonstration of Eligibility:
Applications will be evaluated based on the quality and extent to
which they demonstrate that the proposed project meets the eligibility
requirements contained in Section 3005(b) of the FAST Act and this
NOFO.
b. Project Justification:
Applications will be evaluated based on the quality and extent to
which they demonstrate how the proposed project is justified for the
following factors:
i. Mobility improvements attributable to the project;
ii. Environmental improvements associated with the project;
iii. Congestion relief associated with the project;
iv. Economic development effects derived as a result of the
project; and
v. Estimated ridership projections.
c. Financial Commitment:
Applications will be evaluated based on the quality and extent to
which they demonstrate that the proposed project has an acceptable
degree of local financial commitment, including evidence of stable and
dependable financing sources, including:
i. Each proposed source of capital and operating financing is
stable, reliable, and available within the proposed eligible project
timetable; and
ii. Resources are available to recapitalize, maintain, and operate
the overall existing and proposed public transportation system,
including essential feeder bus and other services necessary, without
degradation to the exiting level of public transportation services.
d. Technical Capacity
Applications will be evaluated based on the quality and extent to
which they demonstrate that the applicant has the technical capacity to
undertake the project.
e. Technical, Legal and Financial Capacity
Applicants must demonstrate that they have the technical, legal and
financial capacity to undertake the project. FTA will review relevant
oversight assessments and records to determine whether there are any
outstanding legal, technical or financial issues with the applicant
that would affect the outcome of the proposed project. Applicants with
outstanding legal, technical or financial compliance issues from an FTA
compliance review or Federal Transit grant-related Single Audit finding
must explain how corrective actions taken will mitigate negative
impacts on the proposed project.
2. Review and Selection Process Information
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:
Supporting economic vitality at the national and regional
level;
Utilizing alternative funding sources and innovative
financing models to attract non-Federal sources of infrastructure
investment;
Accounting for the life-cycle costs of the project to
promote the state of good repair;
Using innovative approaches to improve safety and expedite
project delivery; and
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. FTA will
consider any comments by the applicant, in addition to the other
information in FAPIIS, in making a judgment about the applicant's
integrity, business ethics, and record of performance under Federal
awards when completing the review of risk posed by the applicant.
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 by 26 U.S.C. Section 1400Z-1, the percentage of local share
provided, and whether the project includes an innovative technology or
practice.
F. Federal Award Administration Information
1. Federal Award Notice
The FTA will notify an applicant in writing not later than 120 days
after the receipt of a complete application as to whether the grant
request has been approved, or if the request does not meet the
requirements of this NOFO, disapproval of the grant request, including
a detailed explanation of the reasons for disapproval.
Project selections will be posted on the FTA website.
At the time a project selection is announced, FTA will extend pre-
award authority for the selected project. There is no blanket pre-award
authority for a project before announcement.
2. 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 2020 Apportionment Notice published on
June 3, 2020 which can be accessed at https://www.govinfo.gov/content/pkg/FR-2020-06-03/pdf/2020-11946.pdf.
b. Grant Requirements
If selected, awardees will enter into a Full Funding Grant
Agreement with the Federal Transit Administration. The selected
awardees will apply for a grant through FTA's Transit Award
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Management System (TrAMS). All recipients must follow the Award
Management Requirements (FTA Circular 5010.1E), and the labor
protections required by Federal public transportation law (49 U.S.C.
5333(b)). Technical assistance regarding these requirements is
available from each FTA regional office.
c. Buy America and Strengthening Buy-American Preferences for
Infrastructure Projects
The FTA requires that all capital procurements meet FTA's Buy
America requirements (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
EPD Pilot Program will have a significant economic impact toward
meeting the objectives of the Buy America law. 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. Final
assembly of rolling stock must occur in the United States. 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 EPD Pilot 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 (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
the 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 website at
www.transit.dot.gov/TVM. 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 Scheryl Portee, the Office of the Chief
Counsel, at 202-366-0840, email: scheryl.portee@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 to apply for EPD Pilot Program funding.
f. Major Capital Projects
FTA requires that projects that meet the definition of a major
capital project as defined in 49 CFR part 633 comply with the
requirements of Project Management Oversight as defined in 59 CFR part
633.
g. 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.
3. Reporting
Post-award reporting requirements include the electronic submission
of Federal Financial Reports and Milestone Progress Reports in FTA's
electronic grants management system. Recipients of funds made available
through this NOFO are also required to regularly submit data to the
National Transit Database.
G. Federal Awarding Agency Contacts
For further information concerning this notice, please contact the
EPD Pilot Program manager, Susan Eddy, via email at susan.eddy@dot.gov
or by phone at 202-366-5499. 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 https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b. 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.
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. 2020-16342 Filed 7-27-20; 8:45 am]
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