FY 2023 Competitive Funding Opportunity: Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Competitive Program Publication: Federal Register Agency: Federal Transit Administration Byline: Nuria I. Fernandez Date: 27 January 2023 Subject: American Government , Buses, The Environment

[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5400-5410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01654]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FY 2023 Competitive Funding Opportunity: Low or No Emission Grant 
Program and the Grants for Buses and Bus Facilities Competitive 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 approximately $1.22 billion in competitive 
grants under the fiscal year (FY) 2023 Low or No Emission Grant Program 
(Low-No Program) (Federal Assistance Listing: 20.526) and approximately 
$469 million in competitive grants under the FY 2023 Grants for Buses 
and Bus Facilities Program (Buses and Bus Facilities Program) (Federal 
Assistance Listing 20.526), subject to availability of appropriated 
funding.

DATES: Complete proposals must be submitted electronically through the 
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time on April 13, 
2023. Prospective applicants should initiate the process by registering 
on the GRANTS.GOV website promptly to ensure completion of the 
application process before the submission deadline.

ADDRESSES: Instructions for applying can be found on FTA's website at 
https://www.transit.dot.gov/howtoapply and in the ``FIND'' module of 
GRANTS.GOV. The funding opportunity ID is FTA-2023-002-TPM-LWNO for 
Low-No applications and FTA-2023-003-TPM-BUS for Buses and Bus 
Facilities applications. Please note, if an applicant is choosing to 
apply to both programs, the applicant must submit a separate GRANTS.GOV 
package to each opportunity ID. Applicants should also select both 
programs and respond to all questions needed for both programs on the 
supplemental form. Mail and fax submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT: Either Program may be contacted by 
email at FTALowNoBusNOFO@dot.gov, or applicants may call Margaretta 
Veltri, FTA Office of Program Management, at 202-366-5094.

SUPPLEMENTARY INFORMATION: As required by Federal public transportation 
law, Low or No Emission Grant Program 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. As required by Federal 
public transportation law, Buses and Bus Facilities Program 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. Zero-emission projects will include costs for 
workforce development, unless the applicant certifies funds are not 
needed for this purpose. In general, 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. As these two 
programs have overlapping eligibilities

[[Page 5401]]

and must be implemented on the same timeline as required by 49 U.S.C. 
5339, FTA is publishing this joint NOFO. Per Federal public 
transportation law, FTA will award grants for these programs within 75 
days after the date this solicitation expires from funds available for 
award at that time. FTA may award additional funding that is made 
available to the programs prior to the announcement of project 
selections.

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information

A. Program Description

    This is a joint NOFO and announces the availability of FY 2023 
funding for both the Low-No and the Buses and Bus Facilities Programs.
    Federal public transportation law (49 U.S.C. 5339(c)) authorizes 
FTA to award grants for low or no emission bus projects through a 
competitive process, as described in this notice. The Low-No Program 
provides funding to States (including territories and Washington, DC), 
local governmental authorities, and tribal governments 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.
    Federal public transportation law (49 U.S.C. 5339(b)) authorizes 
FTA to award grants for the Buses and Bus Facilities Program through a 
competitive process, as described in this notice. Grants under this 
program are for capital projects to replace, rehabilitate, purchase, or 
lease buses and related equipment, or to rehabilitate, purchase, 
construct, or lease bus-related facilities.
    The Department seeks to fund projects under the Low-No and the 
Buses and Bus Facilities Programs that reduce greenhouse gas emissions 
in the transportation sector; incorporate evidence-based climate 
resilience measures and features; avoid adverse environmental impacts 
to air or water quality, wetlands, and endangered species; and address 
the disproportionate negative environmental impacts of transportation 
on disadvantaged communities, consistent with Executive Order 14008, 
Tackling the Climate Crisis at Home and Abroad (86 FR 7619).
    In addition, the Department seeks to award projects under the Low-
No and the Buses and Bus Facilities Programs that proactively evaluate 
whether a project will create proportional impacts to all populations 
in a project area and increase equitable access to project benefits, 
consistent with Executive Order 13985, Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government (86 
FR 7009). The Department also seeks to award projects that address 
equity and environmental justice, particularly for communities that 
have experienced decades of underinvestment and are most impacted by 
climate change, pollution, and environmental hazards, consistent with 
Executive Order 14008, Tackling the Climate Crisis at Home and Abroad 
(86 FR 7619).
    In addition, the Department intends to use the Low-No and the Buses 
and Bus Facilities programs to support the creation of good-paying jobs 
with the free and fair choice to join a union and the incorporation of 
strong labor standards and training and placement programs, especially 
registered apprenticeships, in project planning stages, consistent with 
Executive Order 14025, Worker Organizing and Empowerment (86 FR 22829), 
and Executive Order 14052, Implementation of the Infrastructure 
Investment and Jobs Act (86 FR 64335). The Department also intends to 
use the Low-No and the Buses and Bus Facilities programs to support 
wealth creation, consistent with the Department's Equity Action Plan, 
through the inclusion of local inclusive economic development and 
entrepreneurship such as the utilization of Disadvantaged Business 
Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a) 
firms.

B. Federal Award Information

    Federal public transportation law (49 U.S.C. 5338(a)(2)(N)) 
authorizes $73,056,178 in FY 2023 for the Low-No Program. The 2021 
Bipartisan Infrastructure Law (BIL) (enacted as the Infrastructure 
Investment and Jobs Act, Pub. L. 117-58) provided an additional 
$1,029,000,000 in advance appropriations for FY 2023 grants after 
accounting for the authorized takedown for administrative and oversight 
expenses and the Office of Inspector General (OIG). The Consolidated 
Appropriations Act, 2023 appropriated an additional $49,625,000 for FY 
2023 grants after accounting for the authorized oversight takedown, for 
a total of $1,151,681,178 for grants under the Low-No program. Further, 
due to less funding being requested than funding available during the 
FY 2022 competition for low-emission projects, $69,668,939 of FY 2022 
Low-No Program funds remain available for award, of which $69,192,987 
are reserved for low-emission projects as required by statute. A grand 
total of $1,221,350,117 is being made available for the FY 2023 Low-No 
Program under this notice. Additional funds made available prior to 
project selection may be allocated to eligible projects.
    As required by Federal public transportation law (49 U.S.C. 
5339(c)(5)), a minimum of 25 percent of the amount awarded under the 
Low-No Program will be awarded to low-emission projects other than 
zero-emission vehicles and related facilities. As noted above, 
$69,192,987 of FY 2022 funding for low-emission projects remains 
available. This amount, along with the $287,920,295 low-emission set-
aside for FY 2023, totals $357,113,282 specifically set aside by law 
for low-emission projects through the Low-No Program in FY 2023.
    In FY 2022, the Low-No program received applications for 248 
projects requesting a total of $4,033,245,618. One hundred projects 
were funded at a total of $1,105,329,750.
    Federal public transportation law (49 U.S.C. 5338(a)(2)(N)) 
authorizes $383,544,933 in FY 2023 funds for the Buses and Bus 
Facilities Program. The Consolidated Appropriation Act, 2023 
appropriated an additional $90,000,000. After the oversight takedown of 
$4,099,509, FTA is announcing the availability of $469,445,424 for the 
Buses and Bus Facilities Program through this notice. Additional funds 
made available prior to project selection may be allocated to eligible 
projects.
    As required by Federal public transportation law at 49 U.S.C. 
5339(b)(5), a minimum of 15 percent of the amount awarded under the 
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 grant 
recipient will be awarded more than 10 percent of the amount made 
available. In FY 2022, the program received applications for 282 
projects requesting a total of $3,682,203,133. Fifty projects were 
funded at a total of $551,366,311.
    An applicant may submit a low or no emissions project to both the 
Buses and Bus Facilities Program and the Low-No Program, or submit the 
project only to the Low-No Program or only to the Buses and Bus 
Facilities Program. Applicants are encouraged to submit projects for 
consideration under both programs whenever practicable. If a project 
submitted for consideration under both programs is selected for 
funding, FTA will exercise its discretion

[[Page 5402]]

to determine under which program the project will receive an award. 
Please note that if submitting to both programs, a separate application 
package must be submitted to each opportunity ID for the respective 
program listed on GRANTS.GOV. If there are not enough eligible requests 
for either the low-emission set-aside under the Low-No Program or the 
rural set-aside under the Buses and Bus Facilities Program, and 
eligible applications that would qualify under either of those set-
asides were submitted only to the other program, FTA may contact such 
applicants to request additional information in order to consider them 
under the program for which they would satisfy a statutory set-aside.
    FTA may cap the amount a single recipient or State may receive as 
part of the selection process for either program.
    FTA will grant pre-award authority to incur costs for selected 
projects beginning on the date FY 2023 project selections are announced 
on FTA's website. Funds are available for obligation for three fiscal 
years after the fiscal year in which the competitive awards are 
announced. Funds are available only for eligible costs incurred after 
announcement of project selections. FTA intends to fund as many 
meritorious projects as possible.

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants for the Low or No Emission Program include 
designated recipients, States (including territories and Washington, 
DC), local governmental authorities, and Indian Tribes. Proposals for 
funding projects in rural (non-urbanized) areas--defined as any area 
that has not been designated in the 2010 census, as an ``urbanized 
area'' with at least 50,000 in population by the Secretary of 
Commerce--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. Assistance on this 
requirement is available from FTA's Regional Offices.
    Eligible applicants for the Buses and Bus Facilities Program 
include designated recipients that allocate funds to fixed route bus 
operators, States (including territories and Washington, DC) 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.
    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 also may submit consolidated proposals for 
projects in urbanized areas. The submission of a statewide or 
consolidated urbanized area application does not preclude any other 
eligible recipients in an urbanized area or in a State from also 
submitting a separate application. Proposals may contain projects to be 
implemented by the recipient or its subrecipients.
    As permitted under Federal public transportation law (49 U.S.C. 
5339(b)(10), (c)(8)), an applicant proposing a low or no emission 
project under both the Buses and Bus Facilities Program and the Low-No 
Program, or an applicant proposing only a low or no emission project 
under the Low-No program, may include partnerships 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 project 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 FTA written approval, must be 
consistent with the scope of the approved project, and may necessitate 
a competitive procurement.

2. Cost Sharing or Matching

    The maximum Federal share for projects that involve leasing or 
acquiring transit buses (including clean fuel or alternative fuel 
vehicles) for purposes of complying with or maintaining compliance with 
the Clean Air Act (CAA) or the Americans with Disabilities Act (ADA) of 
1990 is 85 percent of the net project cost.
    The maximum Federal share for the cost of acquiring, installing, or 
constructing vehicle-related equipment or facilities (including clean 
fuel or alternative fuel vehicle-related equipment or facilities) for 
purposes of complying with or maintaining compliance with the CAA or 
ADA is 90 percent of the net project cost of such equipment or 
facilities that are attributable to compliance with the CAA or ADA. The 
award recipient must itemize the cost of specific, discrete, vehicle-
related equipment associated with compliance with the CAA to be 
eligible for the maximum 90 percent Federal share for these costs.
    The Federal share of the cost of other projects shall not exceed 80 
percent.
    Eligible sources of 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. Transportation development credits or in-kind match may 
be used for local match if identified and documented in the 
application. Other Federal funds from non-U.S. Department of 
Transportation sources may only be used as match (Federal fund 
braiding) if the proposed project is eligible under the other Federal 
program and the other Federal program providing the matching funds 
expressly authorizes its funds to fulfill the match requirement of 
other Federal programs. Learn more about Federal fund braiding at 
https://www.transit.dot.gov/regulations-and-programs/ccam/about/coordinating-council-access-and-mobility-ccam-federal-fund.

3. Eligible Projects

    Under the Low-No Program (49 U.S.C. 5339(c)), 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; or (5) rehabilitating or improving existing public 
transportation facilities to accommodate low or no emission buses (49 
U.S.C. 5339(c)(1)(B)). As required by Federal public transportation law 
(49 U.S.C. 5339(c)(5)), FTA will consider only 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. A single application may include both vehicle and 
facility components, along with associated equipment and workforce 
development plans.
    A low or no emission bus is defined as a passenger vehicle used to 
provide

[[Page 5403]]

public transportation that sufficiently 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 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, battery-electric buses, and rubber tire trolley buses powered by 
overhead catenaries. All new transit bus models must successfully 
complete FTA bus testing for production transit buses pursuant to FTA's 
Bus Testing regulation (49 CFR part 665) in order to be procured with 
funds awarded under the Low-No Program. All transit vehicles must be 
procured from certified transit vehicle manufacturers in accordance 
with the Disadvantaged Business Enterprise (DBE) regulations (49 CFR 
part 26). The development or deployment of prototype vehicles is not 
eligible for funding under the Low-No Program.
    Eligible projects for the Buses and Bus Facilities Program include 
capital projects to replace, rehabilitate, purchase, or lease buses, 
vans, or related equipment; or to rehabilitate, purchase, construct, or 
lease bus-related facilities regardless of propulsion type or 
emissions. A single application may include both vehicle and facility 
components, along with associated equipment and workforce development 
activities.
    Recipients are permitted to use up to 0.5 percent of their 
requested grant award for workforce development activities eligible 
under Federal public transportation law (49 U.S.C. 5314(b)), including 
on-the-job training, labor-management partnership training, and 
registered apprenticeships, and an additional 0.5 percent for costs 
associated with training at the National Transit Institute. Supportive 
services, such as childcare and transportation assistance for 
participants, may be an eligible use of program funds under 49 U.S.C. 
5314(b). FTA will publish clarifying frequently asked questions.
    For applicants proposing any project related to zero-emission 
vehicles (including vehicles, facilities, equipment, etc.) for either 
program, 5 percent of the total requested Federal amount, including the 
workforce development activities, but not including additional required 
local share, must be used for workforce development to retrain the 
existing workforce and develop the workforce of the future, including 
registered apprenticeships and other joint labor-management training 
programs, as outlined in the applicant's Zero-Emission Transition Plan 
(see Section E(1)(c) of this notice), unless the applicant certifies 
via the application that less funding is needed to carry out the Plan. 
Supportive services, such as childcare and transportation assistance 
for participants, may be an eligible use of program funds within this 5 
percent. FTA will publish clarifying frequently asked questions. 
Applicants must identify the proposed use of funds for these activities 
in the project proposal and identify them separately in the project 
budget. These amounts are additional, not a take-down, from other 
eligible project expenses. For example, if an application includes a 
Federal request of $95,000 for total capital costs of the zero-emission 
vehicles and associated equipment, an additional Federal request of 
$5,000 should be included in the budget for workforce development 
expenses for a total Federal request of $100,000. The local share for 
the vehicles, equipment, and workforce development is in addition to 
the $100,000 Federal request. Applicants are encouraged to discuss 
training needs with their workforce and to develop training plans in 
collaboration with unions and other workforce representatives, as well 
as with workforce boards, community colleges, and other workforce 
organizations. Applicants that propose not to use the full 5 percent 
available must include an explanation as to why the funds are not 
needed.
    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.

D. Application and Submission Information

1. Address To Request Application Package

    Applications must be submitted electronically through GRANTS.GOV. 
General information for accessing and submitting applications through 
GRANTS.GOV can be found at https://www.transit.dot.gov/howtoapply along 
with specific instructions for the forms and attachments required for 
submission. Mail or fax submissions of completed proposals will not be 
accepted. A complete proposal submission for each program consists of 
two forms: the SF-424 Application for Federal Assistance (available at 
GRANTS.GOV) and the supplemental form for the FY 2023 Low-No and Buses 
and Bus Facilities Programs (downloaded from GRANTS.GOV or the FTA 
website at https://www.transit.dot.gov/funding/grants/lowno). The same 
supplemental form will be used to apply to either program or both 
programs. However, please note that if an applicant is applying to both 
programs, they must submit the materials through each of the GRANTS.GOV 
opportunity IDs listed for each program. Failure to submit the 
information as requested can delay review or disqualify the 
application.

2. Content and Form of Application Submission

a. Proposal Submission
    A complete proposal submission for each program consists of two 
forms: (1) the SF-424 Application for Federal Assistance; and (2) the 
supplemental form for the FY 2023 Low-No and Buses and Bus Facilities 
Programs. The supplemental form and any supporting documents must be 
attached to the ``Attachments'' section of the SF-424. The application 
must include responses to all sections of the SF-424 Application for 
Federal Assistance and the supplemental form, unless 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 SF-424 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 SF-424 and 
supplemental form.
    Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to letters of support, 
project budgets, fleet status reports, or excerpts from relevant 
planning documents. Applicants for zero-emission projects must attach 
the fleet transition plan. 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.

[[Page 5404]]

    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 SF-424 and supplemental form. 
Applicants 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. 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. Applicants 
should enter their information in the supplemental form (fillable PDF) 
that is made available on FTA's website or through the GRANTS.GOV 
application package, and should attach this to the application in its 
original format. Applicants should not use scanned versions of the 
form, ``print'' the form to PDF, convert or create a version using 
another text editor, etc.
b. Application Content
    The SF-424 Application for Federal Assistance and the supplemental 
form will prompt applicants for the required information, including:

i. Applicant name
ii. Unique Entity ID (UEI) assigned by SAM.GOV
iii. Key contact information (including contact name, address, email 
address, and phone)
iv. Congressional district(s) where project will take place
v. Project information (including title, an executive summary, and 
type)
vi. A detailed description of the need for the project
vii. A detailed description on how the project will support either 
Program's objectives
viii. Evidence that the project is consistent with local and regional 
planning documents
ix. Evidence that the applicant can provide the local cost share
x. Address all the applicable criteria and priority considerations 
identified in Section E.
xi. A description of the technical, legal, and financial capacity of 
the applicant
xii. A detailed project budget identifying the amounts requested, 
amounts of other Federal funds, if any, and amounts of non-Federal 
funds.
xiii. An explanation of the scalability of the project
xiv. Details on the non-Federal matching funds
xv. A detailed project timeline

    Except for the information properly marked as described in Section 
H, the Department may share application information within the 
Department or with other Federal agencies if the Department determines 
that sharing is relevant to the respective program's objectives.

3. Unique Entity Identifier and System for Award Management (SAM)

    Each applicant is required to: (1) be registered in SAM.GOV before 
submitting an application; (2) provide a valid unique entity identifier 
in its application; and (3) continue to maintain an active SAM 
registration with current information at all times during which the 
applicant has an active Federal award or an application or plan under 
consideration by FTA. These requirements do not apply if the applicant 
has an exemption approved by FTA pursuant to 2 CFR 25.110(c), or is 
otherwise excepted from registration requirements. 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 there 
is a need to obtain an Employer Identification Number), FTA recommends 
allowing ample time, up to several weeks, for completion of all steps. 
For additional information on obtaining a unique entity identifier, 
please visit https://www.sam.gov/.

4. Submission Dates and Times

    Project proposals must be submitted electronically through 
GRANTS.GOV by 11:59 p.m. Eastern time on April 13, 2023. 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 should receive an email message from GRANTS.GOV with 
confirmation of successful transmission to GRANTS.GOV. If a notice of 
failed validation or incomplete materials is received, the applicant 
must address the reason for the failed validation, as described in the 
email notice, and resubmit before the submission deadline. If making a 
resubmission for any reason, include all original attachments 
regardless of which attachments were updated and check the box on the 
supplemental form indicating this is a resubmission.
    FTA urges applicants 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 website. Deadlines will not be extended due to scheduled 
website maintenance.
    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 registrations up to 
date before submissions can be made successfully. For example, (1) 
registration in SAM.GOV 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. FTA will issue pre-award authority to incur costs for 
selected projects beginning on the date that project selections are 
announced. 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. FTA will issue 
specific guidance to awardees regarding pre-award authority at the time 
of selection. For more information about FTA's policy on pre-award 
authority, please see the most recent Apportionment Notice on FTA's 
website. Refer to Section C.3., Eligible Projects, for information on 
activities that are allowable in this grant program. Allowable direct 
and indirect expenses must be consistent with the Governmentwide 
Uniform Administrative Requirements and Cost

[[Page 5405]]

Principles (2 CFR part 200) and FTA Circular 5010.1E. Funds may not be 
used to support or oppose union organizing.

6. Other Submission Requirements

    All applications must be submitted via the GRANTS.GOV website. FTA 
does not accept applications on paper, by fax, email, or other means. 
For information on application submission requirements, please see 
Section D.1. of this notice, Address to Request Application.

E. Application Review Information

1. Criteria

    Projects will be evaluated primarily on the responses provided in 
the supplemental form. Additional information may be provided to 
support the responses; however, any additional documentation must be 
directly referenced on the supplemental form, including the file name 
where the additional information can be found. FTA will evaluate 
proposals based on the criteria described in this notice.
    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 regardless of whether 
a scalable option is provided.
    If an applicant is proposing to deploy autonomous vehicles or other 
innovative motor vehicle technology, the application should demonstrate 
that all vehicles will comply with applicable safety requirements, 
including those administered by the National Highway Traffic Safety 
Administration (NHTSA) and Federal Motor Carrier Safety Administration 
(FMCSA). Specifically, the application should show that vehicles 
acquired for the proposed project will comply with applicable Federal 
Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carrier Safety 
Regulations (FMCSR). If the vehicles may not comply, the application 
should either (1) show that the vehicles and their proposed operations 
are within the scope of an exemption or waiver that has already been 
granted by NHTSA, FMCSA, or both agencies or (2) directly address 
whether the project will require exemptions or waivers from the FMVSS, 
FMCSR, or any other regulation and, if the project will require 
exemptions or waivers, present a plan for obtaining them.
a. Demonstration of Need
    Since the purpose of these programs 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 or expand services to better 
connect underserved communities.
    FTA will consider an applicant's responses to the following 
criteria when assessing the need for capital investment underlying the 
proposed project:
    For bus projects (replacement or expansion):
    For replacement requests, 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 project completion. 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. 
Vehicles funded under these programs are not exempt from FTA's standard 
spare ratio requirements, which apply to and are calculated based on 
the agency's entire fleet. Applicants that are introducing zero-
emission vehicles into their fleet may consider including vehicles that 
have already met their minimum useful life in a contingency fleet, 
which is not included in the spare ratio calculation. Additionally, 
applicants who may need to exceed the spare ratio for a temporary 
period are encouraged to work with their FTA Regional Office to 
determine what flexibilities may be afforded to them and include 
reference to that in their application.
    For bus facility and equipment projects (replacement, 
rehabilitation, or expansion):
    For replacement requests, applicants must provide information on 
the age and condition of the asset to be rehabilitated or replaced 
relative to its minimum useful life. For expansion requests, applicants 
must provide information on the proposed expansion and the reason that 
transit riders and the community need the expansion.
b. Demonstration of Benefits
i. Low or No Emissions Program
    Applicants to the Low-No Program must demonstrate how the proposed 
project will support the statutory requirements of the Low-No Program 
(See 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.
    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 consumption as compared to comparable standard vehicle 
propulsion technologies.
    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 
contingency fleet as a result of the proposed project, as well as 
comparable standard buses.
    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 contingency fleet as a 
result of the proposed project, as well as comparable standard buses.
ii. Grants for Buses and Bus Facilities Program
    Applicants to the Buses and Bus Facilities Program will be 
evaluated based on how well they describe how the proposed project will 
improve the condition of, or otherwise modernize, the transit system; 
improve the reliability of transit service for its riders;

[[Page 5406]]

enhance access and mobility within the service area, particularly for 
low-income or underserved communities; and expand accessibility for 
people with disabilities.
    Safety: FTA will evaluate the potential for projects to provide 
positive safety benefits for all users, while not negatively impacting 
safety for all users. Applicants may describe how the project will 
reduce the frequency of safety events and/or improve the outcomes of 
safety events.
    System Condition: FTA will evaluate the potential for replacement 
projects to improve the condition of the transit system by 
rehabilitating or replacing assets that are in poor condition or have 
surpassed their minimum or intended useful life benchmarks. Applicants 
may describe the benefits of reducing breakdowns and service 
interruptions; increasing service performance; and/or reducing the cost 
of maintaining outdated vehicles, facilities and equipment.
    Enhanced Access and Mobility: FTA will evaluate the potential for 
expansion projects to improve access and mobility for the transit 
riding public, particularly for low-income and underserved communities, 
including improved headways, creation of new transportation choices, or 
eliminating gaps in the current route network. Proposed benefits should 
be based on documented ridership demand, based on indicators like area 
population density, employment served, and existing and planned 
affordable housing in the corridor, and be well-described or documented 
through a study or route planning proposal.
    Applicants that intend to apply to both programs must submit 
information that addresses the requirements of both programs as 
described above.
c. Planning and Local or 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 the project is consistent with the transit 
priorities identified in the long-range plan for all proposals; 
contingency or illustrative projects included in that plan; or the 
locally developed human services public transportation coordinated 
plan. Applicants may submit copies of the relevant pages of such plans 
to support their application. FTA will consider how the project will 
support regional goals and applicants may submit support letters from 
local and regional planning organizations attesting to the consistency 
of the proposed project with these plans. Applicants are encouraged to 
also consult DOT's Promising Practices for Meaningful Public 
Involvement in Transportation Decision-Making at https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making.
    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 supporters.
    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.
    For applications related to zero-emission vehicles (including 
vehicles, facilities, equipment, etc.) under either the Low-No or Buses 
and Bus Facilities programs, applicants are required by law (49 U.S.C. 
5339(c)(3)(D)) to submit a Zero-Emission Fleet Transition Plan. This 
plan must be a separate document from other local or regional planning 
documents and must: (1) demonstrate a long-term fleet management plan 
with a strategy for how the applicant intends to use the current 
application and future acquisitions; (2) address the availability of 
current and future resources to meet costs for the transition and 
implementation; (3) consider policy and legislation impacting relevant 
technologies; (4) include an evaluation of existing and future 
facilities and their relationship to the technology transition; (5) 
describe the partnership of the applicant with the utility or 
alternative fuel provider; and (6) examine the impact of the transition 
on the applicant's current workforce by identifying skill gaps, 
training needs, and retraining needs of the existing workers of the 
applicant to operate and maintain zero-emission vehicles and related 
infrastructure and avoid the displacement of the existing workforce. 
FTA has developed resources for applicants regarding the development of 
this plan which can be found at https://www.transit.dot.gov/funding/grants/zero-emission-fleet-transition-plan. For agencies with smaller 
fleets, a fleet transition plan need not be complex and should be 
tailored as applicable, but it still must address all six elements. For 
applications from State departments of transportation, the state may 
either provide a fleet transition plan that covers some or all of the 
subrecipients, attach individual plans developed by the subrecipients, 
or a combination of both.
d. 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, a 
budget document highlighting the line item or section committing funds 
to the proposed project, or other documentation of the source of local 
funds. FTA will favorably view an applicant that proposes to use grant 
funds only for the incremental cost of new technologies over the cost 
of replacing vehicles with standard propulsion technologies.
e. 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 such, applicants should submit 
information describing the project's anticipated path and timeline 
through the environmental review process for all proposals, including 
those that may qualify for a CE. The proposal must state when grant 
funds can be obligated and indicate the timeframe under which the 
Metropolitan Transportation Improvement Program (TIP) and 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

[[Page 5407]]

project, such as through letters of support.
    Applicants that have identified a cooperative procurement strategy 
listed in Section 3019 of the Fixing America's Surface Transportation 
Act (Pub. L. 114-94; 49 U.S.C. 5325, note) are encouraged to describe 
the method chosen as part of their implementation plans and how such a 
cooperative procurement will reduce costs.
    For 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. Such partnerships are permitted under 
Federal public transportation law (49 U.S.C. 5339(b)(10), (c)(8)) only 
for applicants proposing a low or no emission project under both the 
Buses and Bus Facilities Program and the Low-No Program, or for 
applicants proposing only a low or no emission project under the Low-No 
program. 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' qualifications and experience as 
a part of the application. Entities to be involved in the project that 
are not named in the application must be selected through ordinary 
procurement processes.
f. Technical, Legal, and Financial Capacity
    Applicants must demonstrate that they have the technical, legal, 
and financial capacity to undertake the project.
    FTA will review relevant oversight assessments and records to 
determine whether there are any outstanding legal, technical, or 
financial issues with the applicant that would affect the outcome of 
the proposed project. 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

    A technical evaluation committee will evaluate proposals based on 
the published evaluation criteria. FTA may request additional 
information from applicants, if necessary. Based on the review of the 
technical evaluation committee, 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, whether 
an applicant is from a small urban or rural area or is a tribal 
government, and the applicant's receipt of other competitive awards. 
FTA may also consider capping the amount a single applicant may 
receive.
    After applying the above criteria, to address climate change and 
improve sustainability, FTA will give priority consideration to 
applications that are expected to create significant community benefits 
relating to the environment, including those projects that incorporate 
low or no emission technology or specific elements to address 
greenhouse gas emissions and climate change impacts. Amongst vehicle 
applications that include at least twenty zero-emission 40-foot buses, 
FTA will give priority consideration to applications that identify 
greater emission reductions. To be considered for priority 
consideration, vehicle applications for at least twenty zero-emission 
40-foot buses must use the FTA FY 2023 Bus and Low-No Emission 
Reduction Calculator which can be found at https://www.transit.dot.gov/funding/grants/fy-2023-bus-and-low-no-emission-reduction-calculator, 
attach the file, and include the amount of reductions per vehicle in 
the supplemental form.
    FTA will also prioritize a zero-emission project higher than other 
zero-emission projects if the applicant is able to demonstrate how the 
proposed project and fleet transition plan support the conversion of 
the agency's overall fleet to zero emissions.
    FTA will also provide priority consideration for applicants that 
describe how their projects support workforce development, job quality, 
and wealth creation as follows:
    Applicants for facility projects should identify whether they will 
commit to registered apprenticeship positions and use apprentices on 
the funded project, sometimes called an apprenticeship utilization 
requirement (e.g., requiring that a certain percent of all labor hours 
will be performed by registered apprentices); AND detail partnerships 
with high-quality workforce development programs with supportive 
services \1\ to help train, place, and retain underrepresented 
communities in jobs and registered apprenticeships on the project; and, 
for facility projects over $35 million in total project cost, whether 
the project will use a Project Labor/Community Workforce Agreement and, 
for facility projects over $35 million, whether the recipient commits 
to participate in the U.S. Department of Labor's Office of Federal 
Contract Compliance Programs (OFCCP) Mega Construction Project Program 
if selected by OFCCP (see F.2.e. Federal Contract Compliance).
---------------------------------------------------------------------------

    \1\ Supportive services are critical to help women and people 
facing systemic barriers to employment be able to participate and 
thrive in training and employment. Supportive services include 
childcare, tools, work clothing, application fees and other costs of 
apprenticeship or required pre-employment training, transportation 
and travel to training and work sites, and services aimed at helping 
to retain underrepresented groups such as mentoring, support groups, 
and peer networking.
---------------------------------------------------------------------------

    To support efficient and cost-effective vehicle procurements, FTA 
will provide priority consideration to applicants that identify their 
intent to use a procurement method that reduces customization, such as 
a joint procurement or procurement using an existing schedule. The 
applicant should identify the proposed approach, other partners if 
applicable, and how the procurement approach reduces vehicle 
customization. FTA will evaluate each project on its own merits and 
selection of one participant indicating their intent to pursue a joint 
procurement will be independent of selection of other potential 
participants. If after selection, the proposed procurement method is no 
longer feasible due to other selections made, the applicant may proceed 
with a different methodology.
    Among zero-emission applications, FTA will give priority 
consideration to zero-emission applicants that are able to demonstrate 
that they have consulted with workforce representatives on all aspects 
of the workforce section of the fleet transition plan; AND include 
steps to provide or connect workers to supportive services (such as 
childcare and transportation assistance); AND identify the use of at 
least one of the following in their plan (1) use of labor-management 
partnerships for training; (2) use of registered apprenticeship 
training to support skilling of incumbent and entry-level workers with 
focus on using registered apprenticeship to advance Black, Hispanic, 
Asian American, Native Hawaiian and Pacific Islanders, tribal, women, 
and other groups facing systemic barriers to employment that may be 
underrepresented in the current workforce, especially in higher-paying 
jobs.
    FTA will also give priority consideration to projects that support 
the Justice40 initiative. In support of Executive Order 14008, DOT has 
been

[[Page 5408]]

developing a geographic definition of Historically Disadvantaged 
Communities as part of its implementation of the Justice40 Initiative. 
Consistent with OMB's Interim Guidance for the Justice40 Initiative, 
Historically Disadvantaged Communities include (a) certain qualifying 
census tracts, (b) any Tribal land, or (c) any territory or possession 
of the United States. Applicants may use DOT's Transportation 
Disadvantaged Census Tracts (arcgis.com) tool to identify whether the 
project impact area encompasses disadvantaged communities: https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a. 
Use of this map tool is optional; applicants may provide an image of 
the map tool outputs, or alternatively, consistent with OMB's Interim 
Guidance, applicants can supply quantitative, demographic data of their 
ridership demonstrating the percentage of their ridership that meets 
the criteria described in Executive Order 14008 for disadvantage. 
Examples of Historically Disadvantaged Communities that an applicant 
could address using geographic or demographic information include low 
income, high and/or persistent poverty, high unemployment and 
underemployment, racial and ethnic residential segregation, linguistic 
isolation, or high housing cost burden and substandard housing. 
Additionally, in support of the Justice40 Initiative, the applicant 
also should identify how they considered the benefits and potential 
burdens a project may create, who would experience them and how they 
may be measured over time, with a specific focus on how the benefits 
and potential burdens will impact underserved/disadvantaged 
communities; and, identify how the applicant utilized a meaningful 
public involvement process, inclusive of disadvantaged populations, 
throughout the lifecycle of a project. For technical assistance using 
the mapping tool, please contact GMO@dot.gov.
    Due to funding limitations, projects that are selected for funding 
may receive less than the amount originally requested, even if an 
application did not present a scaled project option. In those cases, 
applicants must be able to demonstrate that the proposed projects are 
still viable and can be completed with the amount awarded.

3. Integrity and Performance Review

    Prior to making an award with a total amount of Federal share 
greater than the simplified acquisition threshold (currently $10,000), 
FTA is required to review and consider any information about the 
applicant that is in the Federal Awardee Performance and Integrity 
Information Systems (FAPIIS) accessible through SAM. An applicant may 
review and comment on information about itself that a Federal awarding 
agency previously entered. FTA will consider any comments by the 
applicant, in addition to the other information in FAPIIS, in making a 
judgment about the applicant's integrity, business ethics, and record 
of performance under Federal awards when completing the review of risk 
posed by applicants as described in 2 CFR 200.206.

F. Federal Award Administration Information

1. Federal Award Notices

    FTA will announce the final project selections on the FTA website. 
Selectees should contact their FTA Regional Offices for additional 
information regarding allocations for projects. At the time the project 
selections are announced, FTA will extend pre-award authority for the 
selected projects (see Section D.5 of this notice for more 
information). There is no blanket pre-award authority for these 
projects before announcement.

2. Administrative and National Policy Requirements

a. Grant Requirements
    If selected, awardees will apply for a grant through FTA's Transit 
Award Management System (TrAMS). Recipients of funding in urban areas 
according to the 2010 Census are subject to the grant requirements of 
the Urbanized Area Formula Grants program (49 U.S.C. 5307), including 
those of FTA Circular ``Urbanized Area Formula Program: Program 
Guidance and Application Instructions'' (FTA.C.9030.1E). Recipients of 
funding in rural areas according to the 2010 Census are subject to the 
grant requirements of the Formula Grants for Rural Areas Program (49 
U.S.C. 5311), including those of FTA Circular ``Formula Grants for 
Rural Areas: Program Guidance and Application Instructions'' 
(FTA.C.9040.1G). All recipients must accept the FTA Master Agreement 
and follow FTA Circular ``Award Management Requirements'' 
(FTA.C.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.
    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, including the Davis-Bacon Act (40 U.S.C. 3141-3144, and 
3146-3148) as supplemented by Department of Labor regulations (29 CFR 
part 5, ``Labor Standards Provisions Applicable to Contracts Covering 
Federally Financed and Assisted Construction''). 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.
    Applicants for the Buses and Bus Facilities Program are encouraged 
to utilize the innovative procurement practices found in Section 3019 
of the Fixing America's Surface Transportation Act (49 U.S.C. 5325, 
note). Please see details at https://www.transit.dot.gov/funding/grants/innovative-procurement-leasing-fact-sheet-section-3019. If 
selected for funding, any project that purchases fewer than five buses 
through a standalone procurement must provide a written explanation why 
the tools authorized under Section 3019 were not utilized.
    As authorized by Section 25019 of the BIL, applicants are 
encouraged to implement a local or other geographical or economic 
hiring preference relating to the use of labor for construction of a 
project funded by the grant, including pre-hire agreements, subject to 
any applicable State and local laws, policies, and procedures.
b. Buy America and Domestic Preferences for Infrastructure Projects
    As expressed in Executive Order 14005, `Ensuring the Future Is Made 
in All of America by All of America's Workers' (86 FR 7475), the 
Executive Branch should maximize, consistent with law, the use of 
goods, products, and materials produced in, and services offered in, 
the United States. Therefore, all capital procurements must comply with 
FTA's Buy America requirements (49 U.S.C. 5323(j)), which require that 
all iron, steel, and manufactured products be produced in the United 
States. In addition, any award must

[[Page 5409]]

comply with the Build America, Buy America Act (BABA) (Pub. L. 117-58, 
sections 70901-27). BABA provides that none of the funds provided under 
an award made pursuant to this notice may be used for a project unless 
all iron, steel, manufactured products, and construction materials are 
produced in the United States. FTA's Buy America requirements are 
consistent with BABA requirements for iron, steel, and manufactured 
products.
    Any proposal that will require a waiver of any domestic preference 
standard must identify the items for which a waiver will be sought in 
the application. Applicants should not proceed with the expectation 
that waivers will be granted.
c. Civil Rights Requirements
    As a condition of a grant award, grant recipients should 
demonstrate that the recipient has a plan for compliance with civil 
rights obligations and nondiscrimination laws, including Title VI of 
the Civil Rights Act of 1964 and implementing regulations (49 CFR part 
21), the Americans with Disabilities Act of 1990 (ADA), and Section 504 
of the Rehabilitation Act, all other civil rights requirements, and 
accompanying regulations. This should include a current Title VI plan, 
completed Community Participation Plan (alternatively called a Public 
Participation Plan and often part of the overall Title VI program 
plan), if applicable. DOT's and the applicable Operating 
Administrations' Office of Civil Rights may work with awarded grant 
recipients to ensure full compliance with Federal civil rights 
requirements.
d. Disadvantaged Business Enterprise
    Recipients of planning, capital, or operating assistance that will 
award prime contracts (excluding transit vehicle purchases), the 
cumulative total of which exceeds $250,000 in FTA funds in a Federal 
fiscal year, must comply with the Disadvantaged Business Enterprise 
(DBE) program regulations (49 CFR part 26).
    To be eligible to bid on any FTA-assisted vehicle procurement, 
entities that manufacture transit vehicles or perform post-production 
alterations or retrofitting must be certified Transit Vehicle 
Manufacturers (TVM). If 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 
retrofitting (e.g., replacing major components such as engine to 
provide a ``like new'' vehicle), the vehicle remanufacturer must be a 
certified TVM.
    The TVM rule requires that, prior to bidding on any FTA-assisted 
vehicle procurement, manufacturers of transit vehicles submit a DBE 
Program plan and annual goal methodology to FTA. FTA then will issue a 
TVM concurrence and certification letter. Grant recipients must verify 
each manufacturer's TVM status before accepting its bid. A list of 
compliant, certified TVMs is posted on FTA's website at https://www.transit.dot.gov/TVM. Recipients should contact FTA before accepting 
a bid from a manufacturer not on this list. In lieu of using a 
certified TVM, a recipient may establish project-specific DBE goals for 
its vehicle procurement. FTA will provide additional guidance as grants 
are awarded. For more information on DBE requirements, please contact 
Monica McCallum, FTA Office of Civil Rights, 206-220-7519, 
Monica.McCallum@dot.gov.
e. Federal Contract Compliance
    As a condition of grant award and consistent with E.O. 11246, Equal 
Employment Opportunity (30 FR 12319, and as amended), all Federally-
assisted construction contractors are required to make good faith 
efforts to meet the goals of 6.9 percent of construction project hours 
being performed by women, in addition to goals that vary based on 
geography for construction work hours and for work being performed by 
people of color. Under Section 503 of the Rehabilitation Act and its 
implementing regulations, affirmative action obligations for certain 
contractors include an aspirational employment goal of 7 percent 
workers with disabilities.
    The U.S. Department of Labor's Office of Federal Contract 
Compliance Programs (OFCCP) is charged with enforcing Executive Order 
11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam 
Era Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega 
Construction Project Program through which it engages with project 
sponsors as early as the design phase to help promote compliance with 
non-discrimination and affirmative action obligations. OFCCP may 
identify construction projects that receive an award under this notice 
that have a project cost above $35 million to participate in OFCCP's 
Mega Construction Project Program. If selected and the applicant agrees 
to participate, OFCCP will ask selected project sponsors to make clear 
to prime contractors in the pre-bid phase that award terms may require 
their participation in the Mega Construction Project Program. 
Additional information on how OFCCP makes their selections for 
participation in the Mega Construction Project Program is outlined 
under ``Scheduling'' on the Department of Labor website: https://www.dol.gov/agencies/ofccp/faqs/construction-compliance.
f. Planning
    FTA encourages applicants to notify the appropriate State 
Departments of Transportation and Metropolitan Planning Organizations 
(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.

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. Recipients should include any goals, 
targets, and indicators referenced in their applications in the 
Executive Summary of the TrAMS application.
    FTA is committed to making evidence-based decisions guided by the 
best available science and data. In accordance with the Foundations for 
Evidence-based Policymaking Act of 2018 (Evidence Act), FTA may use 
information submitted in discretionary funding applications; 
information in FTA's Transit Award Management System (TrAMS), including 
grant applications, Milestone Progress Reports (MPRs), Federal 
Financial Reports (FFRs); transit service, ridership and operational 
data submitted in FTA's National Transit Database; documentation and 
results of FTA oversight reviews, including triennial and state 
management reviews; and other publicly available sources of data to 
build evidence to support policy, budget, operational, regulatory, and 
management processes and decisions affecting FTA's grant programs.
    As part of completing the annual certifications and assurances 
required of FTA grant recipients, a successful applicant must report on 
the suspension or debarment status of itself and its principals. If the 
award recipient's active grants, cooperative agreements, and 
procurement contracts from all Federal awarding agencies exceeds 
$10,000,000 for any period of time during the period of performance of 
an

[[Page 5410]]

award made pursuant to this Notice, the recipient must comply with the 
Recipient Integrity and Performance Matters reporting requirements 
described in Appendix XII to 2 CFR part 200.

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please email 
FTALowNoBusNOFO@dot.gov, or call Margaretta Veltri, FTA Office of 
Program Management, at 202-366-5094. 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/lowno. To ensure applicants 
receive accurate information about eligibility or the program, 
applicants are encouraged to contact FTA with questions directly, 
rather than through intermediaries or third parties.
    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 website at https://www.transit.dot.gov/about/regional-offices/regional-offices.

H. Other Information

    User-friendly information and resources regarding DOT's 
discretionary grant programs relevant to rural applicants can be found 
on the Rural Opportunities to Use Transportation for Economic Success 
(ROUTES) website at https://www.transportation.gov/rural.
    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.''
    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If an applicant submits information 
the applicant considers to be a trade secret or confidential commercial 
or financial information, the applicant must provide that information 
in a separate document, which the applicant may reference from the 
application narrative or other portions of the application. For the 
separate document containing confidential information, the applicant 
must do the following: (1) state on the cover of that document that it 
``Contains Confidential Business Information (CBI);'' (2) mark each 
page that contains confidential information with ``CBI;'' (3) highlight 
or otherwise denote the confidential content on each page; and (4) at 
the end of the document, explain how disclosure of the confidential 
information would cause substantial competitive harm. FTA will protect 
confidential information complying with these requirements to the 
extent required under applicable law. If FTA receives a Freedom of 
Information Act (FOIA) request for the information that the applicant 
has marked in accordance with this section, FTA will follow the 
procedures described in DOT's FOIA regulations at 49 CFR 7.29. Only 
information that is in the separate document, marked in accordance with 
this section, and ultimately determined to be confidential will be 
exempt from disclosure under FOIA.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-01654 Filed 1-26-23; 8:45 am]
BILLING CODE 4910-57-P