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FY 2024 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: Veronica Vanterpool Date: 8 February 2024 Subject: American Government  , Buses, The Environment
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[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Notices]
[Pages 8741-8753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02246]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2024 Competitive Funding Opportunity: Low or No Emission Grant
Program and the Grants for Buses and Bus Facilities Competitive Program
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity (NOFO).
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SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for approximately $1.10 billion in competitive
grants under the fiscal year (FY) 2024 Low or No Emission Grant Program
(Low-No Program) (Federal Assistance Listing: 20.526) and approximately
$390 million in competitive grants under the FY 2024 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 25,
2024. 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-2024-003-TPM-
[[Page 8742]]
LWNO for Low-No applications and FTA-2024-004-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 Kirsten Wiard-
Bauer, FTA Office of Program Management, at 202-366-7052.
SUPPLEMENTARY INFORMATION: As required by Federal public transportation
law, Low-No 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. Any zero-emission project(s) or components of a project
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 long as the project proposed includes and results in an
eligible capital asset being leased, purchased, or built. As these two
programs have overlapping eligibilities 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.
Summary Overview of Key Information: Low or No Emission (Low-No) Program
and the Grants for Buses and Bus Facilities Competitive (Buses and Bus
Facilities) Program
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Federal Transit Administration, US
Issuing agency Department of Transportation
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Program Overview............. The Low-No Program provides funding 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.
The Buses and Bus Facilities Program
provides funding for capital projects to
replace, rehabilitate, purchase, or
lease buses and related equipment, or to
rehabilitate, purchase, construct, or
lease bus-related facilities.
Eligible Applicants.......... Low-No Program: Designated recipients,
States (including territories and
Washington, DC), local governmental
authorities, and Indian tribes.
Proposals for funding projects in rural
areas must be submitted as part of a
State application.
Buses and Bus Facilities Program:
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.
Eligible Project Types....... Low-No Program:
Purchase or lease low or no
emission buses;
Acquiring low or no emission
buses with a leased power source;
Constructing or leasing
facilities and related equipment
(including intelligent technology and
software) for low or no emission buses;
Constructing new public
transportation facilities to accommodate
low or no emission buses;
Rehabilitating or improving
existing public transportation
facilities to accommodate low or no
emission buses;
Additionally, 0.5% of the
Federal request may be used for
workforce development training and an
additional 0.5% may be used for training
at the National Transit Institute (NTI).
Note, applicants proposing any project
related to zero-emission vehicles and
related facilities must also spend 5% of
their award on workforce development and
training as outlined in their Zero-
Emission Fleet Transition Plan, unless
the applicant certifies that their
financial need is less.
Buses and Bus Facilities Program:
Capital projects to replace,
rehabilitate, purchase, or lease buses,
vans, or related equipment;
Rehabilitate, purchase,
construct, or lease bus-related
facilities regardless of propulsion type
or emissions;
Additionally, 0.5% of the
Federal request may be used for
workforce development training and an
additional 0.5% may be used for training
at the National Transit Institute (NTI).
Note, applicants proposing any project
related to zero-emission vehicles and
related facilities must also spend 5% of
their award on workforce development and
training as outlined in their Zero-
Emission Fleet Transition Plan, unless
the applicant certifies that their
financial need is less.
Funding...................... Low-No Program: $1,103,963,762.
Buses and Bus Facilities Program:
$390,045,823.
Additional funds made available prior to
project selection may be allocated to
eligible projects.
Deadline..................... April 25, 2024 at 11:59 p.m. eastern
time.
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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 that announces the availability of FY 2024
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
[[Page 8743]]
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 fund projects under the Low-No
and the Buses and Bus Facilities Programs that create proportional
impacts to all populations in a project area, remove transportation
related disparities 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 (https://www.transportation.gov/priorities/equity/equity-action-plan), through
the inclusion of local inclusive economic development and
entrepreneurship such as the utilization of Disadvantaged Business
Enterprises.
In order 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
vehicle customization, by either: identifying an intent for a joint
procurement with at least three total transit agencies using a common
specification; or committing to using a standard vehicle model. To
strengthen the American vehicle manufacturing industry and reduce the
financial burden the industry currently faces, FTA will give priority
consideration to applicants that identify their intent to use contract
terms that provide funding to vehicle original equipment manufacturer
(OEMs) earlier in the production process, either by using advance
payments or progress payments.
B. Federal Award Information
Federal public transportation law (49 U.S.C. 5338(a)(2)(N))
authorizes $74,963,762 in FY 2024 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 2024 grants after
accounting for the authorized takedown for administrative and oversight
expenses and the Office of Inspector General (OIG). A grand total of
$1,103,963,762 is being made available for the FY 2024 Low-No Program
under this notice, subject to appropriations. 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. For FY 2024,
$275,990,941 is specifically set aside by law for low-emission projects
through the Low-No Program.
In FY 2023, the Low-No program received applications for 210
projects requesting a total of $4,199,934,378. Eighty-three projects
were funded for a total of $1,216,941,396.
Federal public transportation law (49 U.S.C. 5338(a)(2)(N))
authorizes $393,559,749 in FY 2024 funds for the Buses and Bus
Facilities Program. After the oversight takedown of $3,513,926, FTA is
announcing the availability of $390,045,823 for the Buses and Bus
Facilities Program through this notice, subject to appropriations.
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 2023, the program received applications for 265
projects requesting a total of $4,492,423,860. Forty-seven projects
were funded for a total of $472,922,707.
An applicant may submit a 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. A project submitted to both
programs must be eligible in its entirety under both programs, and
therefore must be a low or no emission project with no standard
propulsion vehicles or facilities and equipment unrelated to low or no
emission bus implementation, and must request or provide a scalable
amount of no more than the equivalent of 10 percent of the funding
available under the Buses and Bus Facilities Program. If a project
submitted for consideration under both programs is selected for
funding, FTA will exercise its discretion to determine under which
program the project will receive an award. Please note that if
submitting to both programs, the application package must be submitted
twice at GRANTS.GOV, once to funding opportunity ID FTA-2024-003-TPM-
LWNO for Low-No and once to FTA-2024-004-TPM-BUS for Buses and Bus
Facilities. 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
[[Page 8744]]
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 2024 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. 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. Eligible subrecipients are not required to operate
fixed route bus service.
Except for projects proposed by Indian tribes, all proposals for
projects in rural (non-urbanized) areas--defined as any area that has
not been designated in the 2020 Census as an ``urban area'' with at
least 50,000 in population by the Secretary of Commerce--must be
submitted by a State, either individually or as part of a consolidated
State application. States and other eligible applicants may also submit
consolidated proposals for projects in urbanized areas. The submission
of a statewide or consolidated urbanized area application 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 or facility components associated with compliance
with the CAA or ADA 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 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
[[Page 8745]]
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 are an eligible use of program funds under 49 U.S.C. 5314(b).
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. See: https://www.transit.dot.gov/funding/grants/federal-transit-administration-faqs-supportive-services.
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 attributable
to zero-emission project components, including the workforce
development activities but not including the 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), as well as supportive services, unless the
applicant certifies via the application that less funding is needed to
carry out the Plan. 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 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 2024 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 2024 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
Section 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.
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
[[Page 8746]]
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.
Projects proposed by Indian tribes that request less than $1
million in Federal funds do not need to provide a narrative response
for the following criteria on the Supplemental Form: Demonstration of
Benefits; Planning and Local/Regional Prioritization; Technical, Legal,
and Financial Capacity; or any of Section IV Additional Considerations.
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.
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. A description of the technical, legal, and financial capacity of
the applicant.
xi. A detailed project budget identifying the amounts requested,
amounts of other Federal funds, if any, and amounts of non-Federal
funds.
xii. An explanation of the scalability of the project--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. Proposed scalable projects must
still result in a station or passenger facility with full accessibility
to and usability by persons with disabilities, including persons who
use wheelchairs. 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.
xiii. Details on the non-Federal matching funds.
xiv. Details on any other Federal funds awarded or applied for.
xv. A detailed project timeline.
xvi. Address all the applicable criteria and priority
considerations identified in Section E.
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.GOV
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.GOV 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.GOV. Registration in SAM.GOV 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 25, 2024. 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
[[Page 8747]]
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 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.
Projects proposed by Indian tribes that request less than $1
million in Federal funds only need to provide complete narrative
responses to the Demonstration of Need and Local Financial Commitment
criteria and a partial response to the Project Implementation Strategy
criterion, consisting of a project timeline as well as (if applicable)
a discussion on their proposed partner's qualifications. All applicants
that are proposing a zero-emission project, including tribes requesting
less than $1 million, are required by law to submit a Zero-Emission
Fleet Transition Plan.
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 evaluate 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 evaluate 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
[[Page 8748]]
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 safety of the transit system; improve the condition of, or
otherwise modernize, the transit system; and enhance access and
mobility within the service area, including improving reliability of
service for riders, particularly for low-income or underserved
communities and 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
and people with disabilities, 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
FTA will evaluate how the applicant demonstrates that 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,
including tribes that are requesting less than $1 million. 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
FTA will evaluate if the applicant identified the source of the
local cost share and described whether such funds are currently
available for the project or will need to be secured if the project is
selected for funding. FTA will evaluate the availability of the local
cost share as evidence of local financial commitment to the project.
FTA will evaluate if the applicant submitted 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. The applicant should
also identify other Federal funds the applicant is applying for or has
been
[[Page 8749]]
awarded, if any, that the applicant intends to use.
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 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
FTA will evaluate if the applicant demonstrates 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 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 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 vehicle customization, by either: identifying an intent
for a joint procurement with at least three total transit agencies
using a common specification; or, for low and no emission projects
where the applicant proposes a vehicle OEM as a project partner,
committing to using a standard vehicle model without customizations and
including a letter from the vehicle OEM that certifies the applicant
will use the OEM's standard model (see Section E.1.e. and Section C.1.
of this notice for information on the partnership provision). 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 but may
select an application that does not rate as highly as others if the
applicant indicates its intent to pursue a joint procurement with other
more highly rated participants in that procurement. FTA intends to
weight this priority consideration greater than others.
To strengthen the American vehicle manufacturing industry and
reduce the financial burden the industry currently faces, FTA will give
priority consideration to applicants that identify their intent to use
contract terms that provide funding to vehicle OEMs earlier in the
production process, either by using advance payments or progress
payments. For applicants that identify their intent to use advance
payments, FTA will not require securitization beyond the advance
payment amount. The applicant should identify how their proposed
contracting terms will expedite payments to vehicle OEMs. FTA also
intends to weight this priority consideration greater than others. The
contract terms of selected applications may be reviewed by FTA prior to
award.
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. For facility projects, FTA will give priority
consideration to applications that include elements to strengthen the
resilience of the community and/or the transit system with regard to
climate change.
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.
Among vehicle applications that include at least 20 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 20 zero-
[[Page 8750]]
emission 40-foot buses must use the FTA Bus and Low-No Emission
Reduction Calculator, which can be found at https://www.transit.dot.gov/funding/grants/fta-bus-and-low-no-emission-reduction-calculator, attach the file, and include the amount of
reductions per vehicle in the supplemental form.
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 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 facility 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 to help train, place, and retain underrepresented
communities in jobs and registered apprenticeships on the facility
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).
FTA will also give priority consideration to projects that support
the Justice40 initiative. In support of Executive Order 14008, DOT uses
a geographic definition of Disadvantaged Communities as part of its
implementation of the Justice40 Initiative. Consistent with the Interim
Guidance for the Justice40 Initiative (see: https://www.transportation.gov/priorities/equity/justice40/resources),
Disadvantaged Communities include (a) certain qualifying census tracts
identified as disadvantaged due to categories of environmental,
climate, and socioeconomic burdens, as identified by the Climate and
Economic Justice Screening Tool, and (b) any federally Recognized
tribes or tribal entities, whether or not they have land. Applicants
should use the Climate & Economic Justice Screening Tool (CEJST), a
tool created by the White House Council on Environmental Quality (CEQ),
that aims to help Federal agencies identify disadvantaged communities
as part of the Justice40 initiative to accomplish the goal that 40
percent of overall benefits from certain Federal investments reach
disadvantaged communities. See https://screeningtool.geoplatform.gov/.
Applicants should use the CEJST as the primary tool to identify
disadvantaged communities (Justice40 communities). Applicants are
strongly encouraged to supplement their use of the CEJST by employing
the USDOT Equitable Transportation Community (ETC) Explorer to
understand how their community or project area is experiencing
disadvantage related to lack of transportation investments or
opportunities. Through understanding how a community or project area is
experiencing transportation-related disadvantage, applicants are able
to address how the benefits of a project will reverse or mitigate the
burdens of disadvantage and demonstrate how the project will address
challenges and accrued benefits. See https://www.transportation.gov/priorities/equity/justice40/etc-explorer. Additionally, in support of
the Justice40 Initiative, the applicant also should provide evidence of
any strategies that the applicant has used in the planning process to
seek out and consider the needs of those disadvantaged by existing
transportation systems including public and community engagement. For
technical assistance using either 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. See also
https://static-data-screeningtool.geoplatform.gov/data-versions/1.0/data/score/downloadable/CEQ-CEJST-Instructions.pdf.
3. Integrity and Performance Review
Prior to making an award with a total amount of Federal share
greater than the simplified acquisition threshold (currently $250,000),
FTA is required to review and consider any information about the
applicant that is in the Federal Awardee Performance and Integrity
Information Systems (FAPIIS) accessible through SAM.GOV. 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 2020 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 2020 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:
[[Page 8751]]
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 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
minorities. 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
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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. 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.
f. Critical Infrastructure Security, Cybersecurity, and Resilience
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against all hazards,
including physical and cyber risks, consistent with Presidential Policy
Directive 21--Critical Infrastructure Security and Resilience, and the
National Security Memorandum on Improving Cybersecurity for Critical
Infrastructure Control Systems. Each applicant selected for Federal
funding must demonstrate, prior to the signing of the grant agreement,
effort to consider and address physical and cyber security risks
relevant to the transportation mode and type and scale of the project.
Projects that have not appropriately considered and addressed physical
and cyber security and resilience in their planning, design, and
project oversight, as determined by the Department and the Department
of Homeland Security, will be required to do so before receiving funds.
FTA implements this requirement as follows:
Pursuant to 49 U.S.C. 5323(v), a recipient that operates a rail
fixed guideway public transportation system must certify that the
recipient has established a process to develop, maintain, and execute a
written plan for identifying and reducing cybersecurity risks.
Recipients subject to this requirement must:
1. Utilize the approach described by the voluntary standards and
best practices developed under section 2(c)(15) of the National
Institute of Standards and Technology Act (15 U.S.C. 272(c)(15)), as
applicable;
2. Identify hardware and software that the recipient determines
should undergo third-party testing and analysis to mitigate
cybersecurity risks, such as hardware or software for rail rolling
stock under proposed procurements; and
3. Utilize the approach described in any voluntary standards and
best practices for rail fixed guideway public transportation systems
developed under the authority of the Secretary of Homeland Security, as
applicable.
For information about standards or practices that may apply to a
rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/.
TSA issued Security Directive 1582-21-01B, ``Enhancing Public
Transportation and Passenger Railroad Cybersecurity'' on October 24,
2023. The Security Directive, which extends previous Security
Directives, applies to all public passenger rail owners and operators
identified in 49 CFR 1582.101, requires four critical actions:
1. Designate a cybersecurity coordinator who is required to be
available to TSA and the DHS's CISA at all times (all hours/all days)
to coordinate implementation of cybersecurity practices, and manage of
security incidents, and serve as a principal point of contact with TSA
and CISA for cybersecurity-related matters;
2. Report cybersecurity incidents to CISA;
3. Develop a Cybersecurity Incident Response Plan to reduce the
risk of operational disruption should their Information and/or
operational technology systems be affected by a cybersecurity incident;
and
4. Conduct a cybersecurity vulnerability assessment using the form
provided by TSA and submit the form to TSA. The vulnerability
assessment will include an assessment of current practices and
activities to address cyber risks to information and operational
technology systems, identify gaps in current cybersecurity measures,
and identify remediation measures and a plan for the owner/operator to
implement the remediation measures to address any vulnerabilities and
gaps.
Applicants subject to the Directive must certify compliance with the
directive to receive the grant award.
In addition, TSA issued Information Circular IC-2021-01,
``Enhancing Surface Transportation Cybersecurity'', dated December 31,
2021, which applies to each passenger railroad, public transportation
agency, or rail transit system owner/operator identified in 49 CFR
1582.1. This circular provides the same four recommendations for
enhancing cybersecurity practices listed above. While this document is
guidance and does not impose any mandatory requirements, TSA strongly
recommends the adoption of the measures set forth in the circular.
Finally, on February 10, 2023, FTA published a Cybersecurity
Assessment Tool for Transit (CATT) (https://www.transit.dot.gov/research-innovation/cybersecurity-assessment-tool-transit-catt). This
tool was developed with the goal to onboard public transit
organizations develop and strengthen their cybersecurity program to
identify risks and prioritize activities to mitigate these risks.
g. 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.
h. Performance and Program Evaluation
As a condition of grant award, grant recipients may be required to
participate in an evaluation undertaken by DOT or another agency or
partner. The evaluation may take different forms such as an
implementation assessment across grant recipients, an impact and/or
outcomes analysis of all or selected sites within or across grant
recipients, or a benefit/cost analysis or assessment of return on
investment. As a part of the evaluation, as a condition of award, grant
recipients must agree to: (1) make records available to the evaluation
contractor or DOT staff; (2) provide access to program records, and any
other relevant documents to calculate costs and benefits; (3) in the
case of an impact analysis, facilitate the access to relevant
information as requested; and (4) follow evaluation procedures as
specified by the evaluation contractor or DOT staff.
Recipients and subrecipients are also encouraged to incorporate
program evaluation including associated data collection activities from
the outset of their program design and implementation to meaningfully
document and measure their progress
[[Page 8753]]
towards meeting an agency priority goal(s). Title I of the Foundations
for Evidence-Based Policymaking Act of 2018 (Evidence Act), Public Law
115-435 urges Federal awarding agencies and Federal assistance
recipients and subrecipients to use program evaluation as a critical
tool to learn, to improve equitable delivery, and to elevate program
service and delivery across the program lifecycle. Evaluation means
``an assessment using systematic data collection and analysis of one or
more programs, policies, and organizations intended to assess their
effectiveness and efficiency.'' 5 U.S.C. 311. Credible program
evaluation activities are implemented with relevance and utility,
rigor, independence and objectivity, transparency, and ethics (OMB
Circular A-11, part 6 section 290).
3. Reporting
Post-award reporting requirements include the electronic submission
of Federal Financial Reports and Milestone Progress Reports 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 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 Kirsten Wiard-Bauer, FTA Office of
Program Management, at 202-366-7052. 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/low-no-and-buses-and-bus-facilities-faqs. 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.
Veronica Vanterpool,
Deputy Administrator.
[FR Doc. 2024-02246 Filed 2-7-24; 8:45 am]
BILLING CODE 4910-57-P