High-Speed Intercity Passenger Rail (HSIPR) Program, 38365-38383 [2010-15993]
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Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Notices
38365
Acronym
Meaning
IPD .......................................
LOI ........................................
mph ......................................
NEPA ....................................
NTD ......................................
OMB .....................................
PE .........................................
PRIIA ....................................
PTC ......................................
ROD .....................................
RSIA .....................................
Secretary ..............................
State DOT ............................
Innovation Program Delivery.
Letter of Intent.
Miles Per Hour.
National Environmental Policy Act.
National Transit Database.
Office of Management and Budget.
Preliminary Engineering.
Passenger Rail Investment and Improvement Act of 2008 (Division B of Public Law 110–432, October 16, 2008).
Positive Train Control.
Record of Decision—a possible decision concluding of the NEPA process.
Rail Safety Improvement Act of 2008 (Division A of Public Law 110–432, October 16, 2008).
Secretary of the United States Department of Transportation.
State Department of Transportation.
Issued in Washington, DC on June 25,
2010.
Joseph C. Szabo,
Administrator.
[FR Doc. 2010–15992 Filed 6–28–10; 4:15 pm]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
High-Speed Intercity Passenger Rail
(HSIPR) Program
Table of Contents
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AGENCY: Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding availability
for Individual Projects; issuance of
interim program guidance.
SUMMARY: This notice details the
application requirements and
procedures for obtaining funding for
individual high-speed and intercity
passenger rail projects available under
the Transportation, Housing and Urban
Development, and Related Agencies
Appropriations Act for 2010 (Div. A of
the Consolidated Appropriations Act,
2010 (Pub. L. 111–117, Dec. 16, 2009)).
The Federal Railroad Administration
has issued a separate notice in today’s
edition of the Federal Register for Fiscal
Year 2010 funding made available for
Service Development Programs.
This document incorporates interim
guidance required for the HSIPR
program pursuant to the Transportation,
Housing and Urban Development, and
Related Agencies Appropriations Act for
2010 and 49 U.S.C. 24402(a)(2). The
funding opportunities described in this
notice are available under Catalog of
Federal Domestic Assistance (CFDA)
number 20.319.
DATES: Applications for funding under
this solicitation are due no later than 5
p.m. EDT, August 6, 2010. FRA reserves
the right to modify this deadline.
ADDRESSES: Comments must be
submitted through https://
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www.grantsolutions.gov. See Section 4
for additional information regarding the
application process.
FOR FURTHER INFORMATION CONTACT: For
further information regarding this notice
and the HSIPR program, please contact
the FRA HSIPR Program Manager via email at HSIPR@dot.gov, or by mail: U.S.
Department of Transportation, Federal
Railroad Administration, MS–20, 1200
New Jersey Avenue, SE., Washington,
DC 20590 Att’n: HSIPR Program.
SUPPLEMENTARY INFORMATION:
1. Funding Opportunity Description
2. Award Information
3. Eligibility Information
4. Application and Submission Information
5. Application Review Information
6. Award Administration Information
7. Agency Contact
Appendix 1: Definition of High-Speed and
Intercity Passenger Rail
Appendix 2: Additional Information on
Stages of Project Development
Appendix 3: Additional Information on
Applicant Budgets
Appendix 4: List of Acronyms and
Abbreviated References
Section 1: Funding Opportunity
Description
1.1
Legislative Authority
This interim program guidance and
financial assistance announcement
pertains to the funding made available
for Individual Projects under FRA’s
HSIPR program. The authority for this
grant program is contained in two
pieces of legislation:
• The Passenger Rail Investment and
Improvement Act of 2008 (PRIIA), under
Sections 301, 302, and 501: Intercity
Passenger Rail Service Corridor Capital
Assistance (codified at 49 U.S.C. chapter
244), General Passenger Rail
Transportation (codified at 49 U.S.C.
chapter 24105), and High-Speed Rail
Assistance (codified at 49 U.S.C. chapter
26106), respectively; and
• The Fiscal Year 2010 Consolidated
Appropriations Act (Title I of Division
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A of Pub. L. 111–117, December 16,
2009) (FY 2010 DOT Appropriations
Act), under the title ‘‘Capital Assistance
for High Speed Rail Corridors and
Intercity Passenger Rail Service.’’
This document incorporates interim
guidance required for the HSIPR
program pursuant to the FY 2010 DOT
Appropriations Act and 49 U.S.C.
24402(a)(2).
1.2 Funding Approach
The FY 2010 DOT Appropriations Act
appropriated a total of $2.5 billion for
the HSIPR program. FRA is soliciting
grant applications separately for the
different components of this
appropriation:
• FY 2010 Individual Projects (up to
$245 million): Final Design/
Construction or Preliminary
Engineering/NEPA for Individual
Projects with a 20 percent non-Federal
match. This solicitation is for these
funds.
• FY 2010 Service Development
Programs (at least $2,125 million):
Service Development Programs with a
20 percent non-Federal match. The
notice of funding availability (NOFA)
for these funds is being issued
concurrently with this solicitation.
• FY 2010 Planning Projects (up to
$50 million): Planning projects with a
20 percent non-Federal match. The
solicitation for these funds was
published on April 1, 2010, and
applications were due May 19, 2010.
• FY 2010 Multi-State Proposals
(from $50 million for Planning Projects):
Proposals for Federally-led preparation
of planning documents for high-speed
rail corridors that cross multiple states.
The guidance for submitting proposals
was published on April 1, 2010, and the
proposals were due May 19, 2010.
The balance of the $2.5 billion is
allocated to HSIPR program
administration and research.
1.3 Forthcoming Interim Guidance
FRA is preparing a draft guidance
document as part of the process of
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establishing a long-term framework for
the HSIPR program. This document,
anticipated for publication later this
year, will include details about each
stage of the project development process
(from planning and design through
construction and operation), as well as
provide substantial technical assistance
on the processes and documentation
needed for successful project
development and delivery. This
guidance is intended for future program
administration and does not apply to
this funding solicitation or the
application process described in this
notice.
The initial draft of this pending
guidance document will be open for
public comment, and FRA will utilize
various outreach mechanisms for
soliciting feedback from the HSIPR
stakeholder community. FRA expects to
modify the draft guidance document
taking into account this feedback and to
eventually issue Final Guidance that
will include standards and guidelines
that will be applicable to future funding
opportunities.
Section 2: Award Information
Of the $2.5 billion appropriated by
Congress, up to $245 million is available
for individual projects. These grants are
authorized under 49 U.S.C. 24406, 49
U.S.C. 24105, and 49 U.S.C. 26106.
Individual grants made under this
solicitation are intended to assist States
and other eligible applicants with the
capital costs of improving existing highspeed or intercity passenger rail service.
(See Appendix 1 for the definition of
‘‘high-speed and intercity passenger
rail.’’) This financial assistance
opportunity is for projects that involve
the following activities:
• Final design (FD)/Construction of
projects that already have completed
site-specific NEPA documentation
(project final environmental impact
statement (EIS), final environmental
assessment (EA) or categorical exclusion
(CE) documentation) and completed
preliminary engineering (PE); or
• Completion of project NEPA and PE
documentation. Completion of the grant
activities should result in all of the
documentation necessary for the project
to move into the FD/Construction stage.
The intent of the Individual Project
solicitations is to fund discrete
Individual Projects that result in
operational or other tangible
improvements (such as station
rehabilitation) benefiting one or more
existing high-speed or intercity
passenger rail services.
FRA will make awards for these
projects through cooperative
agreements. Cooperative agreements
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allow for greater Federal involvement in
carrying out the agreed upon
investment. The substantial Federal
involvement for these projects will
include technical assistance, review of
interim work products, and increased
program oversight. The funding
provided under these cooperative
agreements will be made available to
grantees on a reimbursable basis.
While there are no predetermined
minimum or maximum dollar
thresholds for awards, FRA anticipates
making multiple awards from the
maximum $245 million available for
Individual Projects. As such, FRA
expects applicants to tailor their
applications and proposed project
scopes accordingly. Pursuant to 49
U.S.C. 24402(g)(1), FRA will establish
the net project cost for the scope of work
proposed in an application, based on
engineering materials, studies of
economic feasibility, information on the
expected use of equipment or facilities,
and other project information provided
in an application. FRA reserves the right
to contact applicants with any questions
or comments related to applications.
Section 3: Eligibility Information
Applications under this solicitation
will be required to meet minimum
requirements related to applicant
eligibility, project eligibility, and the
fulfillment of other eligibility
requirements. To the extent that an
application’s substance exceeds the
minimum eligibility requirements
described below, such information will
be considered in evaluating the merits
of an application (see Section 5 for
evaluation and selection criteria).
3.1
Eligible Applicants
Eligible applicant entities are as
follows:
• States (including the District of
Columbia);
• Groups of States (Sections 301 and
501 of PRIIA);
• Interstate compacts (Sections 301
and 501);
• Public agencies established by one
or more States and having responsibility
for providing intercity passenger rail
service (Section 301) or high-speed
passenger rail service (Section 501);
• Amtrak (Section 501); and
• Amtrak, in cooperation with States
(Sections 301 and 302; see 49 U.S.C.
24402(e) for additional information on
Amtrak’s eligibility requirements when
applying for grants in cooperation with
States).
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3.2 Minimum Qualifications for
Applicant Eligibility
An applicant must, in addition to
demonstrating that it is an eligible
applicant type for the Individual
Project, affirmatively demonstrate that
the applicant has or will have the legal,
financial, and technical capacity to
carry out the activities proposed within
an application. A prospective applicant
that does not fall within the definition
of a State, group of States, or Amtrak
will also be required to submit
documentation (such as copies of
legislation) demonstrating its legal
authority to provide intercity or highspeed passenger rail service on behalf of
a State or group of States.
In addition, the applicant must
demonstrate that it has or will have
satisfactory continuing control over the
use of equipment or facilities acquired,
constructed, or improved by the project
and the capability and willingness to
maintain such equipment or facilities.
For an applicant to demonstrate the
legal, financial, and technical capacity
to carry out the activities proposed in its
application, the applicant will be
required to address the following
qualifications:
• The applicant’s ability to absorb
potential cost overruns or financial
shortfalls;
• The applicant’s experience in
effectively administering grants of
similar scope and value (including
timely completion of grant deliverables,
compliance with grant conditions, and
quality and cost controls); and
• The applicant’s experience in
managing railroad investment project
development activities of a nature
similar to those for which funding is
being requested.
For an applicant to demonstrate that
it has or will have satisfactory
continuing control over the use of
equipment or facilities acquired,
constructed, or improved by the project,
the applicant will be required to show
either:
• That the applicant has or will have
direct ownership of the equipment or
facilities acquired, constructed, or
improved by the project; or
• That the applicant has secured or
has made progress towards securing and
will have enforceable contractual
agreements providing satisfactory
continuing control in place with the
entity or entities (e.g., one or more
railroads, or a local government) that
have or will have direct ownership of
such assets.
For an applicant to demonstrate that
it has or will have the capability and
willingness to maintain the equipment
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or facilities acquired, constructed, or
improved by the project, the applicant
will be required to show:
• That it has made progress toward,
and will have contractual agreements in
place with, any entity or entities (e.g.,
one or more railroads, or a local
government) that have or will have
direct ownership of the equipment or
facilities acquired, constructed, or
improved by the project, which address
financial and operational responsibility
for asset use and maintenance for the
useful life of the asset;
• That, to the extent financial
responsibility will fall to the applicant,
a viable funding source(s) has been
identified to cover maintenance costs;
and
• The applicant’s experience in
maintaining assets with similar
financial and operational maintenance
requirements as those assets for which
funding is being requested.
Information and documentation
demonstrating the fulfillment of the
minimum qualifications described
above must be submitted as part of the
application (see Section 4.2).
3.3
3.3.1
Cost Sharing
Applicant Cost Sharing
The Federal share of the costs of
projects funded through this solicitation
shall not exceed 80 percent.
If an applicant chooses the option of
contributing, from its own, its partner
project sponsors’, or other interested
parties’ resources, more than the
required 20 percent non-Federal share
of the costs of its proposed project, such
additional contributions will be
considered in evaluating the merit of its
application.
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3.3.2 Requirements for Applicant Cost
Sharing
An applicant’s contribution toward
the cost of its proposed project may be
in the form of cash or, with FRA
approval, in-kind contributions of
services or supplies related to the
activities proposed for funding. As part
of its application, an applicant offering
an in-kind contribution must provide a
documented estimate of the monetary
value of any such contribution and its
eligibility under 49 CFR 18.24 or 19.23.
However, all in-kind contributions must
be allowable, reasonable, allocable, and
in accordance with applicable OMB cost
principles, and must not represent
double-counting of costs otherwise
accounted for in an indirect cost rate
pursuant to which the applicant will
seek reimbursement.
The applicant must provide, as part of
its application, documentation that
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demonstrates that it has committed and
will be able to fulfill any required and
pledged contribution, including
committing any required financial
resources that are budgeted or planned
at the time the application is submitted.
All applicants will be required to
identify a viable funding source(s) at the
time of application to absorb any cost
overruns and deliver the proposed
project with no Federal funding or
financial assistance beyond that
provided in the cooperative agreement.
3.4
Eligible Individual Projects
Eligible Individual Project activities
under this funding announcement
include completion of PE/NEPA
documentation, final design (FD), and
construction activities. These activities
are broken into two categories for the
purpose of this solicitation and the
application process: PE/NEPA
completion and FD/Construction
activities.
This solicitation will fund activities to
advance discrete capital projects that
will result in service benefits or other
tangible improvements on a corridor.
Capital projects are defined by 49 U.S.C.
24401(2) and 49 U.S.C. 26106(b)(3) as
acquiring, constructing, improving, or
inspecting equipment, track and track
structures, or a facility for use in or for
the primary benefit of high-speed and
intercity passenger rail service,
expenses incidental to the acquisition or
construction (including designing,
engineering, location surveying,
mapping, environmental studies, and
acquiring rights-of-way), payments for
the capital portions of rail trackage
rights agreements, highway-rail grade
crossing improvements related to highspeed and intercity passenger rail
service, mitigating environmental
impacts, communication and
signalization improvements, relocation
assistance, acquiring replacement
housing sites, acquiring, constructing,
relocating, and rehabilitating
replacement housing, rehabilitating,
remanufacturing, or overhauling rail
rolling stock and facilities used
primarily in intercity passenger rail
service, providing access to rolling stock
for nonmotorized transportation and
storage capacity in trains for such
transportation, equipment, and other
luggage; and the first-dollar liability
costs for insurance related to the
provision of intercity passenger rail
service under 49 U.S.C. 24404. FRA will
not fund activities not included in this
definition nor consider the funding of
any such activities in calculating an
applicant’s required cost share.
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3.4.1 Eligible FD/Construction
Activities
FRA intends for grants awarded for
FD/Construction activities to fund the
design, construction, and full
implementation of projects that have
completed PE/NEPA requirements, as
outlined in Section 4.2.5 below.
FRA may consider funding only final
design for projects that represent a
critical strategic investment for HSIPR
service, are sufficiently complex and
broad in scope, and for which final
design would constitute a substantial
step in implementing the project. See
Section 4.2.5 and Appendix 2 for more
information on requirements for
demonstrating completion of PE/NEPA
and the requirements for Final Design.
3.4.2
Eligible PE/NEPA Activities
FRA intends for PE/NEPA grants to
fund activities that lead directly to
completion of preliminary engineering
(PE) and/or project NEPA and related
environmental documentation. See
Appendix 2.2 for more information on
NEPA documentation and Appendix 2.3
for more information on PE materials.
Activities proposed in an application
must include all remaining work needed
to fully complete both PE and NEPA
documentation to be eligible for
consideration under this solicitation.
The PE/NEPA documents resulting from
the grant activities must be sufficiently
developed to support immediate
commencement of final design or
construction activities; however, these
final design and construction activities
would not be funded as part of the grant
award.
3.4.3 Standard and Major Capital
Projects
FRA will be distinguishing between
‘‘Standard’’ and ‘‘Major’’ Capital Projects.
As required by PRIIA (49 U.S.C.
24403(a)), and in keeping with project
management approaches in use by other
DOT agencies (e.g., FTA’s Project
Management Oversight program (49 CFR
part 633), and FHWA’s IPD Major
Project Delivery Guidance), large,
complex capital projects, designated as
‘‘Major Capital Projects,’’ call for a
particularly rigorous approach towards
project management and oversight.
All Individual Projects will be
assumed to be Standard Capital Projects.
However, the Administrator may
designate an Individual Project as a
Major Capital Project if it is determined
that the project carries more delivery
risk and therefore would benefit from a
more rigorous approach toward project
management. Individual Major Capital
Projects will typically be those that:
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• Involve a recipient whose past
experience in managing and overseeing
similar HSIPR projects is limited;
• Involve the use of new or unproven
technology;
• Involve particularly complex
institutional relationships among
project stakeholders (e.g., multiple rail
freight operators, intercity and
commuter rail passenger operators,
infrastructure-owning railroads, and
government agencies); and/or
• Are expected to have a total project
cost in excess of $100 million.
3.5 Additional Eligibility Requirements
3.5.1
Project Planning
Individual Projects must be identified
through a rational planning process that
analyzes the investment needs and
service objectives of the service that the
Individual Project is intended to benefit.
This document may be a Service
Development Plan, State Rail Plan, or
similar planning document.
At a minimum, the project planning
process must demonstrate that the
project has been identified as the best
solution for solving a specific existing
transportation problem, and make the
case for investing in the proposed
solution. In doing so, project planning
must encompass activities such as
identifying the purpose and need for the
project and analyzing the costs, benefits,
and impacts of a range of alternatives for
implementing the project and
alternatives to the project. More
information on the objectives and
preparation of project planning is
included in Appendix 2.1.
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3.5.2
Operational Independence
All projects that are proposed to be
advanced using HSIPR program funding
must have operational independence. A
project is considered to have operational
independence if, upon being
implemented, it will provide tangible
and measurable benefits, even if no
additional investments in the same
service are made. Examples of these
benefits include operational reliability
improvements, travel-time reductions,
and additional service frequencies
resulting in increased ridership. When
applying for funding for PE/NEPA
activities, an applicant must
demonstrate that the project will have
operational independence were it to
advance to construction and full
implementation.
Applications for projects the benefits
of which are fully contingent upon
FRA’s selection of another application,
or which fail to provide information on
the stand-alone benefits of the project,
will not be considered for funding.
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3.5.3
Availability of Funds
It is important for awarded projects to
be brought promptly to obligation
through execution of a cooperative
agreement by the applicant and FRA
and for awarded funds to be expended
without delay and in accordance with
the statement of work and project
schedules included in the cooperative
agreement. Under 49 U.S.C. 24402(h), if
any amount awarded under the HSIPR
program is not obligated within 2 years
of the date on which the award is made,
FRA may cancel the award and
redistribute the funds to other HSIPR
projects at the FRA Administrator’s sole
discretion. Similarly, FRA may require
the return of obligated funds that remain
unexpended if the grantee is not making
satisfactory progress in implementing
the project or program as provided for
in the cooperative agreement.
3.5.4
Eligibility Restrictions
Pursuant to the provisions of Sections
301, 302, and 501 of PRIIA, the
following activities are ineligible to
receive Federal funding under this
solicitation:
• Applications submitted by private
entities other than Amtrak;
• Projects for which commuter rail
passenger transportation is the primary
intended beneficiary (see Appendix 1);
• Projects in which the physical
improvements are located outside of the
United States; and
• Any expenses associated with
passenger rail operating costs.
3.5.5
Funding Restrictions
In general, only those costs
considered allowable pursuant to OMB
Circular A–87, ‘‘Cost Principles for
State, Local, and Indian Tribal
Governments’’ (codified at 2 CFR part
225), will be considered for funding.
Additionally, the following funding
restrictions will apply to cooperative
agreements awarded under this
solicitation and must be taken into
consideration in the development of
budget information submitted as part of
an application:
• Funding may not be used to fund
expenses associated with the operation
of intercity passenger rail service; and
• While there is no cap on a grant
recipient’s use of grant funds for
management and administrative costs,
such costs must be allowable,
reasonable, allocable, and in accordance
with applicable OMB cost principles
cited above.
FRA will also consider
reimbursement of pre-award costs
incurred after the enactment of the FY
2010 DOT Appropriations Act
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(December 16, 2009). However, such
costs will be considered for
reimbursement only to the extent that
they are otherwise allowable under the
applicable cost principles. To the extent
such pre-award costs are incurred prior
to the date of submission of an
application, the application must show
in detail what costs have been incurred
in order for such costs to be considered
for reimbursement. Projects for which
construction activities commenced prior
to receipt of an FRA environmental
determination under NEPA will not be
eligible for funding.
Additionally, a grant recipient may
not generally expend any of the funds
provided in an award on construction or
other activities that represent an
irretrievable commitment of resources to
a particular course of action affecting
the environment until after all
environmental and historic preservation
analyses required by the National
Environmental Policy Act (42 U.S.C.
4332) (NEPA), the National Historic
Preservation Act (16 U.S.C. 470(f))
(NHPA), and related laws and
regulations have been completed and
FRA has provided the grant recipient
with a written notice authorizing it to
proceed.
3.5.6 Standards for Equipment
Procurement or Design Grants
If the applicant is seeking a grant for
the procurement or design of railroad
equipment, the proposed equipment
should be consistent with specifications
developed by the Next Generation
Corridor Equipment Pool Committee.
This Committee was established under
Section 305 of PRIIA to develop a pool
of standardized next-generation rail
corridor equipment. Compliance with
Section 305 of PRIIA will assist in
creating the economies of scale
necessary to achieve the
Administration’s goal of developing a
sustainable railroad equipment
manufacturing base in the United States,
as outlined in the Vision for High-Speed
Rail in America (April 2009). The Next
Generation Corridor Equipment Pool
Committee will be issuing specifications
for bi-level cars this summer, singlelevel cars this winter, and locomotives
in 2011.
3.5.7 Positive Train Control (PTC)
If, as a component of an investment
intended to benefit high-speed or
intercity passenger rail service, a project
involves installation and/or
improvements to railroad signaling/
control systems, the application must
demonstrate that the proposed
improvements are consistent with a
comprehensive plan for complying with
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the requirements for PTC
implementation under Section 104 of
the Rail Safety Improvement Act of 2008
(‘‘RSIA,’’ Division A of Pub. L. 110–432,
October 16, 2008, codified at 49 U.S.C.
20157) and with FRA’s final rule on
Positive Train Control Systems
published in the Federal Register on
January 15, 2010 (75 FR 2598).
Section 4: Application and Submission
Information
4.1 Application Procedures
4.1.1 Applying Online Through
GrantSolutions
FRA participates in the Grants
Management Line of Business (GMLoB)
E-Gov initiative. As part of that
initiative, FRA uses the Administration
for Children and Families’ (ACF)
GrantSolutions (GS) Grants Management
System. All applications must be
submitted to FRA through
GrantSolutions. To access the system, go
to https://www.grantsolutions.gov.
Should an applicant encounter
difficulties accessing using GS, please
contact the GrantSolutions Help Desk at
1–866–577–0771 or via email at
help@grantsolutions.gov. Applicants
must complete the following three steps
prior to submitting an application
through GS:
• Register in GS. Go to https://
www.grantsolutions.gov and select
‘‘Register’’ on the right side of the page.
Applicants should begin the process
immediately to meet the application
submission deadlines.
• Obtain a Data Universal Number
System (DUNS) number. All applicants
must include a DUNS number in their
application. Applications without a
DUNS number are incomplete. A DUNS
number is a unique nine-digit number
recognized as the universal standard for
identifying and keeping track of entities
receiving Federal funds. The identifier
is used for tracking purposes and to
validate address and point of contact
information for Federal assistance
applicants, recipients and subrecipients.
The DUNS number will be used
throughout the grant lifecycle.
Obtaining a DUNS number is a free,
simple, one-time activity. Obtain a
number by calling 1–866–705–5177 or
by applying online at https://
fedgov.dnb.com/webform/
displayHomePage.do.
• Register in the Central Contractor
Registration (CCR) database. FRA also
requires that all applicants (other than
individuals) for Federal financial
assistance maintain current registrations
in the CCR database. The CCR database
is the repository for standard
information about Federal financial
assistance applicants, recipients and
subrecipients. Organizations that have
previously submitted applications via
https://www.grants.gov or GrantSolutions
should already be registered with CCR.
Please note, however, that applicants
must update or renew their CCR
registration at least once per year to
maintain an active status. Information
about registration procedures can be
accessed at https://www.ccr.gov.
Standard OMB forms (identified in
Section 4.2.3) will be available
electronically on the Funding
Opportunity page at https://
www.GrantSolutions.gov. The Funding
Opportunity screen provides applicants
with general announcement information
and access to all application kit
materials in order to view and print
application forms and information. In
addition, applicants can apply online
through this screen.
Program-specific forms (identified in
Sections 4.2.1, 4.2.2, and 4.2.4) may be
downloaded from FRA’s Web site at
https://www.fra.dot.gov/Pages/477.shtml.
4.1.2 Address to Request Paper
Application Package
If Internet access is unavailable,
please write to FRA at the address
below to request a paper application.
U.S. Department of Transportation,
Federal Railroad Administration,
Attn: HSIPR Program Information
(RPD–10), Mail Stop 20, 1200 New
Jersey Avenue, SE., Washington, DC
20590.
4.2 Application Package
Required documents for the
application package vary by type of
grant activity, as summarized in the
checklist below.
APPLICATION CHECKLIST
Grant activity
Documents
Format
FD/
Construction
PE/
NEPA
Form ...................................................
Form ...................................................
✓
....................
....................
✓
✓
....................
✓
*
*
✓ **
✓ **
✓
✓
✓
....................
....................
✓
✓
✓
✓
✓
✓
....................
....................
1. Application Forms
b HSIPR Individual Project Application Form—FD/Construction ..................
b HSIPR Individual Project Application Form—PE/NEPA ............................
2. Budget and Schedule Form
b HSIPR Individual Project Budget and Schedule Form ..............................
Form ...................................................
3. OMB Standard Forms
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b
b
b
b
b
SF
SF
SF
SF
SF
424: Application for Federal Assistance ..............................................
424A: Budget Information-Non Construction .......................................
424B: Assurances-Non Construction ...................................................
424C: Budget Information-Construction ...............................................
424D: Assurances-Construction ...........................................................
Form
Form
Form
Form
Form
...................................................
...................................................
...................................................
...................................................
...................................................
4. FRA Assurances Document
b FRA Assurances Document .......................................................................
Form ...................................................
5. Project Development Supporting Documentation
b Project Planning Documentation ................................................................
b Preliminary Engineering (PE) Documentation ...........................................
b NEPA Documentation ................................................................................
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No Specified Format ..........................
No Specified Format ..........................
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APPLICATION CHECKLIST—Continued
Grant activity
Documents
Format
FD/
Construction
PE/
NEPA
✓
✓
✓
✓
✓
✓
....................
✓
Optional
Optional
6. Project Delivery Supporting Documentation
b
b
b
b
Project Management Documentation .........................................................
Financial Planning Documentation ............................................................
System Safety Plan ....................................................................................
Railroad and Project Sponsor Agreements ...............................................
No
No
No
No
Specified
Specified
Specified
Specified
Format
Format
Format
Format
..........................
..........................
..........................
..........................
7. Optional Supporting Documentation
b Other Relevant and Available Documentation ...........................................
n/a ......................................................
* These documents are required for FD/Construction projects that include investments that are not construction activities.
** These documents are not required for FD/Construction applications that only include investments that are not construction activities.
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Applicants must complete and submit
all components of the application
package as required by grant activity;
failure to do so may result in the
application being removed from
consideration for award. All
components of the application package
must be submitted through
GrantSolutions (including optional
supporting documentation), as
described in Section 4.1.1.
The application package for HSIPR
Individual Projects contains seven
components:
1. HSIPR Individual Project
Application Form (varies by project
type) (see Section 4.2.1)
2. HSIPR Individual Project Budget
and Schedule Form (see Section 4.2.2)
3. OMB Standard Forms (vary by
project type) (see Section 4.2.3)
4. FRA Assurances Document (see
Section 4.2.4)
5. Project Development Supporting
Documentation (see Section 4.2.5)
6. Project Delivery Supporting
Documentation (see Section 4.2.6)
7. Optional Supporting
Documentation (see Section 4.2.7)
For any other documentation required
prior to award that is not specified in
this notice, FRA will make individual
arrangements with applicants for the
submission of the required
documentation.
4.2.1 HSIPR Individual Project
Application Forms
Applicants applying for funding for
PE/NEPA completion must complete the
HSIPR Individual Project—PE/NEPA
Application Form; applicants applying
for funding for FD/Construction
activities should complete the HSIPR
Individual Project—FD/Construction
Application Form.
The Application Forms include fields
that have been developed by FRA to
capture pertinent qualitative and
quantitative project-specific information
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that is needed for FRA to confirm
applicant and project eligibility, as well
as information needed for evaluation
and selection of applications. Both
Application Forms request three types
of information:
1. General applicant and project
information;
2. Narratives that allow the applicant
to make arguments for the benefits of
the proposed project or underlying
project and other factors that are used to
evaluate the merits of the application
(see Section 5.2 for evaluation criteria);
and
3. A Statement of Work (SOW)—
scope, schedule, and budget—that
provides a description of the work that
will be completed under the cooperative
agreement, including the objectives,
deliverables, milestones, project
management information, and a budget
broken down by deliverables and
milestones that includes the
assumptions used to develop the
estimates. See Appendix 3 of this
solicitation for more information on
preparing project budgets.
4.2.2 HSIPR Individual Project Budget
and Schedule Form
The HSIPR Individual Project Budget
and Schedule Form is a Microsoft Excel
document that supports the qualitative
and quantitative claims made in the
applicant’s HSIPR Individual Project
Application Form. In addition to
capturing detailed project budget and
schedule information, the form also
describes the standard cost categories
developed by FRA to assist in
evaluating and selecting projects.
4.2.3
OMB Standard Forms
The Standard Forms are developed by
the Office of Management and Budget
(OMB) and are required of all grant
applicants. While all applicants must
submit Standard Forms with their
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application materials, the specific forms
required vary by grant activity.
Applicants applying for funding for
FD/Construction activities (except for
projects that do not include
construction activities) should submit
the following forms electronically
through GrantSolutions:
• Standard Form 424: Application for
Federal Assistance;
• Standard Form 424C: Budget
Information—Construction Programs;
and
• Standard Form 424D: Assurances—
Construction Programs.
Applicants applying for funding for
PE/NEPA completion or for FD/
Construction activities that do not
include construction activities should
submit the following forms
electronically through GrantSolutions:
• Standard Form 424: Application for
Federal Assistance;
• Standard Form 424A: Budget
Information—Non-Construction
Programs; and
• Standard Form 424B: Assurances—
Non-Construction Programs.
4.2.4 FRA Assurances Document
The FRA Assurances document
contains standard Department
certifications on grantee suspension and
debarment, drug-free workplace
requirements, and Federal lobbying. The
FRA Assurances document can be
obtained from FRA’s Web site at
https://www.fra.dot.gov/downloads/
admin/assurancesandcertifications.pdf.
The document should be signed by an
authorized certifying official for the
applicant, scanned into electronic
format, and submitted through
GrantSolutions.
4.2.5 Project Development Supporting
Documentation
The project development
documentation below focuses on the
physical attributes of a project and its
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anticipated outcomes and varies by the
type of activity for which funding is
being sought. These materials must
demonstrate that the project has
completed the specified prerequisites
for the project’s prior phases of
development, and is ready to progress to
the next phase of development.
• Project Planning Documentation—
Æ All projects: Applicants should
provide documents that identifies the
proposed project as an outcome of a
rational planning process, demonstrates
that the project has been identified as
the best solution for solving a specific
existing transportation problem, and
makes the case for investing in the
proposed solution. This document may
be a Service Development Plan, State
Rail Plan, or other project planning
document. At a minimum, the project
planning process must demonstrate that
the project has been identified as the
best solution for solving a specific
existing transportation problem and
make the case for investing in the
proposed solution. In doing so, project
planning must encompass activities
such as identifying the purpose and
need for the project and analyzing the
costs, benefits, and impacts of a range of
alternatives for implementing the
project and alternatives to the project.
FRA recognizes that a variety of formats
and types of information may meet the
objectives described above.
Applications that do not demonstrate
fulfillment of these objectives may be
determined by FRA to be not ready for
consideration and evaluation. See
Appendix 2.1 for additional information
and suggested content for project
planning documentation that satisfies
the objectives above.
• Preliminary Engineering (PE)
Documentation—
Æ FD/Construction projects:
Applicants should provide documents
that demonstrate completion of PE (or
Final Design, if completed) for the
proposed project. PE refines project
plans and conceptual designs in order to
identify the specific design alternative
that can assure delivery of project
objectives. At a minimum, PE
documentation must demonstrate fully
(1) the construction and operational
feasibility of the project, (2) a level of
project design, cost estimates, and
schedules sufficient to advance
immediately into full implementation,
e.g., through a ‘‘design-build’’ contract,
and, as applicable, (3) identification of
service operation outcomes sufficient to
support agreements with other parties
(e.g., railroads) needed to deliver those
benefits.
Æ PE/NEPA projects: Applicants
should provide any documents that
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demonstrate the PE status, if begun, of
the proposed project.
See Appendix 2.3 for additional
information on Preliminary Engineering.
• National Environmental Policy Act
(NEPA) Documentation—
Æ FD/Construction projects:
Applicants must provide documents
(e.g., a Categorical Exclusion (CE)
worksheet, a completed Environmental
Assessment (EA), or a completed Final
Environmental Impact Statement (FEIS))
that demonstrate completion of the
NEPA process for the proposed project
(either submitted with the application
package or referenced through an
accurate URL). Any NEPA
documentation submitted must be
approved by the responsible state
agency as sufficient and complete.
While a project NEPA determination (a
Record of Decision, Finding of No
Significant Impact, or CE determination)
is not required at the time of application
submission, this determination must be
issued by FRA prior to award of a
construction grant and commencement
of any construction activities related to
the project. FRA will not consider for an
award any project that is not supported
by an adequate and appropriate NEPA
document.
Æ PE/NEPA projects: Applicants
should provide any documents that
demonstrate the status of NEPA
documentation, if begun, of the
proposed project.
NEPA requirements are detailed in
Appendix 2.2 of this solicitation.
4.2.6 Project Delivery Supporting
Documentation
Project delivery documentation of the
types described below focuses on the
implementation of the project and how
the risks and uncertainties associated
with the project will be managed.
FRA recognizes that a variety of
formats and types of information may
meet the objectives described below.
Applications that do not demonstrate
fulfillment of these objectives may be
determined by FRA to be not ready for
consideration and evaluation.
• Project Management
Documentation—Project management
documentation serves as a summary of
the applicant’s approach toward the
planning, monitoring, and
implementation of a project. While this
documentation may reference outputs of
the project development process (such
as scope and design specifications, cost
estimates, and project schedules), this
documentation should stand on its own
as the primary source of information
related to an applicant’s plan for project
implementation. At a minimum, an
application must demonstrate that the
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applicant’s management procedures and
organization give it the legal, financial,
and technical capability and capacity to
carry out successfully the activities for
which funding is being sought (e.g., PE/
NEPA or FD/Construction activities), as
well as identification of accountable
individuals or key positions.
• Financial Planning
Documentation—Financial planning
documentation addresses the
applicant’s approach toward managing
the financial resources necessary to
deliver the project. At a minimum, the
financial planning documentation for
Individual Projects must include the
following:
Æ Documentation of the applicant’s
legal and other necessary authority to
accept and spend Federal and nonFederal funds for the project;
Æ Information describing the recent
and forecasted financial condition and
health of the applicant and other key
partners that are anticipated to provide
funding for the project;
Æ Documentation demonstrating
that any non-HSIPR program funding
necessary to complete an application’s
proposed activities has been, or is
reasonably expected to be, committed;
Æ Description of the risks
associated with project financing (e.g.,
any uncertainty regarding funding
commitments and the potential for
unanticipated cost overruns) and of the
approach to managing those risks;
Æ A cash flow forecast showing the
individual sources and uses of all
project funding (preferably by quarter);
and
Æ Documentation demonstrating
that the HSIPR service that is intended
to benefit from the project will remain
operationally and financially viable
throughout the anticipated life of the
project improvements (e.g., State
operating support to make up any
deficits).
Financial planning documentation
accompanying a PE/NEPA application
must only address the PE/NEPA phase
of the project’s development, not the
future final design and construction
activities of the underlying project.
• System Safety Plan—A System
Safety Plan (SSP) must be submitted
that demonstrates that the project’s
design, implementation, and operation
will comply with all applicable FRA
safety requirements and will be
performed in a manner that places
safety as the highest priority. In general,
the length, detail, and complexity of the
SSP will depend significantly on the
size and complexity of the project. For
relatively simple Individual
Construction Projects, the SSP may be
very limited, describing the project
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design’s compliance with specific safety
regulations, and providing reference to
procedures that will be followed for
ensuring the project’s safe
implementation. As applicable, the
preparation of the SSP should be closely
coordinated with, and may draw
content from, documentation prepared
by the applicant to satisfy requirements
of the FRA Office of Railroad Safety,
especially the guidelines for an APTA/
FRA System Safety Program Plan, the
FRA guidelines for collision hazard
analysis, and any subsequent FRA
regulations currently being developed
requiring System Safety Plans. Prior to
FRA issuing a cooperative agreement for
an Individual Project, an applicant must
complete a System Security Plan.
Neither a System Safety Plan nor
System Security Plan is required for a
PE/NEPA application.
• Railroad and Project Sponsor
Agreements—Although the
implementation of a HSIPR Individual
Project will generally require the
development of numerous agreements of
varying complexity between the parties
involved with and affected by the
project, two categories of agreement
represent key elements of project
delivery: (1) Agreements between the
project sponsor(s) and the railroad(s)
that own the infrastructure and that
operate the service, and (2) agreements
between multiple project sponsors, for
projects that cross jurisdictional
boundaries and/or involve
subrecipients. Agreements with these
key project stakeholders should be
appropriate for the phase of
development the project has reached:
Æ FD/Construction applications:
Applications for FD/Construction
activities must include, at a minimum,
agreements in principle with railroads
that own any infrastructure to be
improved as part of the project and the
operator of the HSIPR service(s) that
will benefit from the project.
Agreements in principle must
demonstrate the railroads’ commitment
to taking all steps within their control
to ensure the achievement of the public
benefits (and particularly all operational
benefits) of the Individual Project that
are described in the application. Such
agreements in principle should be
structured so as to be able serve as the
basis for future contractual agreements
through which the railroads’
cooperation in achieving the public
benefits may be enforced by the project
sponsor.
Æ PE/NEPA applications: Prior to
commencement of PE/NEPA activities,
project sponsors must reach agreements
in principle with all involved railroads
(whether operators or infrastructure
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owners) that address the following three
topics in detail (as applicable):
1. Concurrence with the suitability of
the identified project alternative to
fulfill the purpose and need of the
project;
2. Participation in the refinement of
project designs, cost estimates, and
schedules; and
3. Site access to support the
completion of project NEPA.
Æ For any project (FD/Construction
or PE/NEPA) that has multiple potential
grantees or project sponsors, the
application must include a Project
Sponsor Agreement executed among all
of the parties involved that establishes
the relationships between these entities
and that identifies a single legal Grantee
who will be responsible to and serve as
the primary point of contact for FRA.
4.2.7 Optional Supporting
Documentation
• Other Relevant and Available
Documentation—To support the
application package, FRA welcomes the
submission of other relevant and
available supporting documentation that
may have been developed by the
applicant. The format and structure of
any optional supporting documents is at
the discretion of the applicant. Optional
supporting documentation may be
provided one of two ways: (1) As
attachments to the application, or (2) in
hard copy to the address in Section 4.5
for materials that cannot otherwise be
provided electronically. Applicants
should provide notifications of any
documentation being submitted in hard
copy in the appropriate section of the
Application Form.
4.3 Submission Date and Time
Applications for these funds must be
submitted through GrantSolutions by 5
p.m. EDT, August 6, 2010.
4.4 Intergovernmental Review
This program has not been designated
as subject to Executive Order 12372
pursuant to 49 CFR part 17.
4.5 Other Submission Information
As detailed in Section 4.1.1, all
application materials, including
supporting documentation, should be
submitted through GrantSolutions.
Should an applicant encounter
technical difficulties using the
GrantSolutions system, please contact
the GrantSolutions Help Desk at 1–866–
577–0771 or via email at
help@grantsolutions.gov. If the
applicant experiences technical issues
that may cause the applicant to miss the
application deadline, the applicant must
contact FRA at HSIPR@dot.gov
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immediately to request consideration to
submit the application after the
deadline. FRA staff may ask the
applicant to email the complete grant
application, the DUNS number, and
provide a GrantSolutions Customer
Support tracking number(s). After FRA
reviews all of the information submitted
and contacts the GrantSolutions
Customer Support to validate the
technical issues reported, FRA will
contact the applicant to either approve
or deny the request to submit a late
application. If the technical issues
reported cannot be validated, the
application may be rejected as untimely.
For applications submitted by email, the
applicant should print, sign, scan into
electronic format (preferably Adobe
Portable Document Format (.pdf)), and
attach to the submission email copies of
all application forms requiring the
applicant’s signature.
For optional supporting
documentation that an applicant is
unable to submit electronically (such as
oversized engineering drawings), an
applicant may submit an original and
two copies to the address below.
However, due to delays caused by
enhanced screening of mail delivered
via the U.S. Postal Service, applicants
are advised to use other means of
conveyance (such as courier service) to
assure timely receipt of materials.
U.S. Department of Transportation,
Federal Railroad Administration,
Attn: HSIPR Program Information
(RPD–10) Room 38–302, Mail Stop 20,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
Section 5: Application Review
Information
5.1 Review and Selection Process
Complete applications are due by 5
p.m. EDT, August 6, 2010. Applications
will proceed through a three-step
process:
1. Screening for completeness and
eligibility (requirements outlined above
in Section 3);
2. Review of each eligible application
individually by a technical panel
applying ‘‘evaluation criteria;’’ and
3. Final review of all eligible
applications collectively and selection
by the FRA Administrator applying
‘‘selection criteria.’’
All applications will first be screened
for completeness and applicant and
project eligibility. Applications
determined to be both complete and
eligible will be referred to a technical
panel consisting of subject-matter
experts for an evaluation review. The
panels will be comprised of professional
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staff employed by FRA and other DOT
modal administrations, as appropriate.
Applications will be individually
reviewed and assessed against the
evaluation criteria outlined in Section
5.2. For each of the criteria, the panel
will assign a rating of zero to three
points, based on the application’s
fulfillment of the objectives of each
criterion. These individual criterion
ratings will then be combined according
to priority of criteria to arrive at an
overall rating for the application.
The evaluation criteria, ranked in
order of priority, are:
1. Public Benefits/Project Delivery
Approach
2. Sustainability of Benefits
In addition to the ratings assigned by
the technical evaluation panels, the FRA
Administrator may take into account
several cross-cutting and comparative
selection criteria to determine awards.
The Administrator will review the
preliminary results to ensure that the
scoring has been applied consistently
and that the collective results meet
several key priorities essential to the
success and sustainability of the
program (see Section 5.3). The five
selection criteria are:
1. Fulfillment of DOT Strategic Goals
2. Region/Location
3. Innovation/Resource Development
4. Partnerships/Participation
5. Prior Federal Funding and State
Investments
For applications for funding for FD/
Construction activities, the evaluation
and selection criteria will be applied to
the proposed projects. For applications
for funding for PE/NEPA completion,
the evaluation and selection criteria will
be applied to the underlying projects
that will be the subject of PE/NEPA
development, except where explicitly
indicated.
In accordance with 49 U.S.C.
24402(c), FRA may also consider ‘‘other
relevant factors as determined by the
Secretary’’ of Transportation, in addition
to the evaluation and selection criteria
described below.
5.2 Evaluation Criteria
Careful economic analysis that
quantifies and demonstrates the
monetary value of user benefits and, if
available, public benefits will be
particularly relevant to FRA in
evaluating applications. The systematic
process of comparing expected benefits
and costs helps decision-makers
organize information about, and
evaluate trade-offs between, alternative
transportation investments. FRA will
consider benefits and costs using
standard data provided by applicants
and will evaluate applications in a
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manner consistent with Executive Order
12893, Principles for Federal
Infrastructure Investments, 59 FR 4233
(January 31, 1994).
5.2.1
Public Benefits
Evaluation against this criterion will
consider the qualitative factors outlined
below, as supported by key quantitative
metrics. Applicants must determine and
identify service outcomes to quantify
the anticipated benefits of the project (or
underlying project for PE/NEPA)
proposed in an application.
5.2.1.1
Transportation Benefits
Each application will be assessed
based on its demonstration of the
potential of the proposed project or
underlying project to achieve
transportation benefits in a costeffective manner. Factors to be
considered in assigning a rating include
the contribution the proposed project
would make to:
• Supporting the development of
intercity high-speed rail service;
• Generating improvements to
existing high-speed and intercity
passenger rail service, as reflected by
estimated increases in ridership (as
measured in passenger-miles), increases
in operational reliability (as measured
in reductions in delays), reductions in
trip times, additional service
frequencies to meet anticipated or
existing demand, and other related
factors;
• Generating cross-modal benefits,
including anticipated favorable impacts
on air or highway traffic congestion,
capacity, or safety, and cost avoidance
or deferral of planned investments in
aviation and highway systems;
• Creating an integrated high-speed
and intercity passenger rail network,
including integration with existing
intercity passenger rail services,
allowance for and support of future
network expansion, and promotion of
technical interoperability and
standardization (including
standardizing operations, equipment,
and signaling);
• Encouragement of intermodal
connectivity and integration through
provision of direct, efficient transfers
among intercity transportation and local
transit networks at train stations,
including connections at airports, bus
terminals, subway stations, ferry ports,
and other modes of transportation;
• Enhancing intercity travel options;
• Ensuring a state of good repair of
key intercity passenger rail assets;
• Promoting standardized rolling
stock, signaling, communications, and
power equipment;
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• Improved freight or commuter rail
operations, in relation to proportional
cost-sharing (including donated
property) by those other benefiting rail
users;
• Equitable financial participation in
the project’s financing, including, but
not limited to, consideration of donated
property interests or services; financial
contributions by freight and commuter
rail carriers commensurate with the
benefit expected to their operations; and
financial commitments from host
railroads, non-Federal governmental
entities, nongovernmental entities, and
others;
• Encouragement of the
implementation of positive train control
(PTC) technologies (with the
understanding that 49 U.S.C. 20147
requires all Class I railroads and entities
that provide regularly scheduled
intercity or commuter rail passenger
services to fully institute interoperable
PTC systems by December 31, 2015);
and
• Incorporating private investment in
the financing of capital projects or
service operations.
5.2.1.2 Other Public Benefits
Each application will be assessed
based on its demonstration of the
potential of the proposed project or
underlying project to achieve other
public benefits in a cost-effective
manner. Factors to be considered in
assigning a rating will include the
contribution the proposed project (or
underlying project for PE/NEPA) would
make to:
• Environmental quality and energy
efficiency and reduction in dependence
on foreign oil, including use of
renewable energy sources, energy
savings from traffic diversions from
other modes, employment of green
building and manufacturing methods,
reductions in key emissions types, and
the purchase and use of
environmentally sensitive, fuel-efficient,
and cost-effective passenger rail
equipment;
• Promoting interconnected livable
communities, including complementing
local or state efforts to concentrate
higher-density, mixed-use, development
in areas proximate to multi-modal
transportation options (including
intercity passenger rail stations);
• Improving historic transportation
facilities; and
• Creating jobs and stimulating the
economy. Although this solicitation is
not funded by the American Recovery
and Reinvestment Act of 2009 (Public
Law 111–5), these goals remain a top
priority of this Administration.
Therefore, Individual Project
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applications will be evaluated on the
extent to which the project is expected
to quickly create and preserve jobs and
stimulate rapid increases in economic
activity, particularly jobs and activity
that benefit economically distressed
areas, as defined by section 301 of the
Public Works and Economic
Development Act of 1965, as amended
(42 U.S.C. 3161) (‘‘Economically
Distressed Areas’’).
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5.2.2
Project Delivery Approach
Each application will be assessed to
determine the risk associated with the
project’s delivery within budget, on
time, and as designed. Evaluation
against this criterion will consider the
factors outlined below, which take into
account the thoroughness and quality of
the supporting documentation
submitted with the application. For
applications to complete PE/NEPA
documentation, the following factors
will be applied to the proposed PE/
NEPA development activities rather
than to the underlying project. Factors
to be considered in assigning a rating
will include:
• The applicant’s financial, legal, and
technical capacity to implement the
project, including whether the
application depends upon receipt of any
waiver(s) of Federal railroad safety
regulations that have not been obtained;
• The applicant’s experience in
administering similar grants and
projects, including a demonstrated
ability to deliver on prior FRA financial
assistance programs;
• The soundness and thoroughness of
the cost methodologies, assumptions,
and estimates for the proposed project;
• The reasonableness of the schedule
for project implementation;
• The thoroughness and quality of
project management documentation;
• The timing and amount of the
project’s future noncommitted
investments;
• The overall completeness and
quality of the application, including the
comprehensiveness of its supporting
documentation;
• The readiness of the project to be
commenced; and
• The timeliness of project
completion and the realization of the
project’s anticipated benefits.
The following factors are applicable
only to applications for funding for FD/
Construction activities:
• The adequacy of any completed
engineering work to assess and manage/
mitigate the proposed project’s
engineering and constructability risks;
• The sufficiency of system safety and
security planning; and
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• The project’s progress, at the time of
application, towards compliance with
environmental review requirements
under NEPA and related statutes.
5.2.3 Sustainability of Benefits
Applications will be evaluated against
this criterion to assess the likelihood of
realizing the proposed project’s benefits.
Factors to be considered in assigning a
rating will include:
• The quality of financial planning
documentation that demonstrates the
financial viability of the HSIPR service
that will benefit from the project;
• The availability of any required
operating financial support, preferably
from dedicated funding sources for the
benefiting intercity passenger rail
service(s);
• The quality and adequacy of project
identification and planning;
• The reasonableness of estimates for
user and non-user benefits for the
project;
• The comprehensiveness and
sufficiency, at the time of application, of
agreements with key partners (including
the railroad operating the intercity
passenger rail service and
infrastructure-owning railroads) that
will be involved in the operation of the
benefiting intercity passenger rail
service, including the commitment of
any affected host-rail carrier to ensure
the realization of the anticipated
benefits, preferably through a
commitment by the affected host-rail
carrier(s) to an enforceable on-time
performance of passenger trains of 80
percent or greater;
• The favorability of the comparison
between the level of anticipated benefits
and the amount of Federal funding
requested; and
• The applicant’s contribution of a
cost share greater than the required
minimum of 20 percent.
5.3 Selection Criteria
The FRA Administrator will use the
criteria below to ensure that the projects
selected for funding will advance key
priorities of the development of
intercity and high-speed passenger rail
and contribute positively to the success
and sustainability of the HSIPR
program.
5.3.1 Fulfillment of DOT Strategic
Goals (as outlined in the U.S. DOT
Strategic Plan, 2010–2015)
• Improving transportation safety.
• Maintaining transportation
infrastructure in a state of good repair.
• Promoting economic
competitiveness.
• Fostering livable communities.
• Advancing environmentally
sustainable transportation policies.
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5.3.2
Region/Location
• Ensuring appropriate level of
regional balance across the country.
• Ensuring promotion of livable
communities in urban and rural
locations.
• Ensuring consistency with national
transportation and rail network
objectives.
• Ensuring integration with other rail
services and transportation modes.
5.3.3 Innovation/Resource
Development
• Pursuing new technology and
innovation where the public return on
investment is favorable, while ensuring
delivery of near-term transportation,
public and economic recovery benefits.
• Advancing the state of the art in
modeling techniques for assessing
potential intercity passenger rail costs
and benefits.
• Promoting domestic manufacturing,
supply and industrial development,
including U.S.-based manufacturing and
supply industries.
• Developing professional railroad
engineering, operating, planning and
management capacity needed for
sustainable high-speed intercity
passenger rail development.
5.3.4
Partnerships/Participation
• Where corridors span multiple
States, emphasizing those that have
organized multi-State partnerships with
joint planning and prioritization of
investments.
• Employing creative approaches to
ensure workforce diversity and use of
disadvantaged and minority business
enterprises.
• Engaging local communities and a
variety of other stakeholder groups in
the project, where applicable.
5.3.5 Prior Federal Funding and State
Investments
• Assessing how a proposed project
would complement previous
construction or planning grants made
under the HSIPR or related programs.
• Assessing how the proposed project
would complement previous State
investments in high-speed intercity
passenger rail.
• Assessing the applicant’s track
record in sustainable funding and
project delivery.
Section 6: Award Administration
Information
6.1
Award Notices
Applications selected for funding will
be announced after the application
review period. FRA will contact
applicants with successful applications
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after announcement with information
and instructions about the award
process. Notification of a selected
application is not an authorization to
begin proposed project activities.
6.2 Administrative and National
Policy Requirements
The provisions of this section apply to
grant recipients of the HSIPR program.
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6.2.1 Contracting Information
A grant recipient’s procurement of
goods and services must comply with
the Procurement Standards
requirements set forth at 49 CFR 18.36
or 49 CFR 19.40 through 19.48,
whichever is applicable depending on
the type of grantee (part 18 covers State
and local governments and part 19
covers non-profit and for-profit entities),
and with applicable supplementary U.S.
DOT or FRA directives or regulations.
6.2.2 Compliance with Federal Civil
Rights Laws and Regulations
The grant recipient must comply with
all civil rights laws and regulations, in
accordance with applicable Federal
directives, except to the extent that FRA
determines otherwise in writing. These
include, but are not limited to, the
following: (a) Title VI of the Civil Rights
Act of 1964 (Pub. L. 88–352) (as
implemented by 49 CFR part 21), which
prohibits discrimination on the basis of
race, color or national origin; (b) Title IX
of the Education Amendments of 1972,
as amended (20 U.S.C. 1681–1683, and
1685–1686), which prohibits
discrimination on the basis of sex, (c)
Section 504 of the Rehabilitation Act of
1973, as amended (29 U.S.C. 794),
which prohibits discrimination on the
basis of handicaps; (d) the Age
Discrimination Act of 1975, as amended
(42 U.S.C. 1601–1607), which prohibits
discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment
Act of 1972 (Pub. L. 92–255), as
amended, relating to nondiscrimination
on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970
(Pub. L. 91–616), as amended, relating
to nondiscrimination on the basis of
alcohol abuse or alcoholism; (g)
Sections 523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C.
290 dd–3 and 290 ee–3), as amended,
relating to confidentiality of alcohol and
drug abuse patient records; (h) Title VIII
of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), as amended,
relating to nondiscrimination in the
sale, rental, or financing of housing, (i)
49 U.S.C. 306, which prohibits
discrimination on the basis of race,
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color, national origin, or sex in railroad
financial assistance programs; (j) any
other nondiscrimination provisions in
the specific statute(s) under which
application for Federal assistance was
made; and (k) the requirements of any
other nondiscrimination statute(s)
which may apply to the grant recipient.
Grant recipients must comply with all
regulations, guidelines, and standards
adopted under the above statutes. The
grant recipient is also required to submit
information, as required, to the FRA
Office of Civil Rights concerning its
compliance with these laws and
implementing regulations and its
activities implementing a grant award.
6.2.3 Disadvantaged Business
Enterprises (DBE)
FRA encourages its grant recipients to
utilize small business concerns owned
and controlled by socially and
economically disadvantaged individuals
(as that term is defined for other DOT
operating administrations at 49 CFR part
26) in carrying out projects funded
under the HSIPR program, although
FRA grant recipients are not required to
do so. The DOT DBE regulation (49 CFR
part 26) applies only to certain
categories of Federal highway, Federal
transit, and airport funds. FRA is not
covered under the DOT DBE
regulations. The procurement standards
applicable to grant recipients require
grant recipients and subgrantees to take
all necessary affirmative steps to assure
that minority firms, women’s business
enterprises, and labor surplus area firms
are used when possible (see 49 CFR
18.36(e) and 19.44(b)). The grant
recipient shall submit information, as
required, to the FRA Office of Civil
Rights concerning its activities with
respect to DBEs in implementing a grant
award.
6.2.4 Assurances and Certifications
Upon acceptance of the grant by FRA,
all certifications and assurances
provided by the grant recipient through
the application process are incorporated
in and become part of the grant
agreement. Applicable forms include SF
424(A)/(B), SF 424(C)/(D), and FRA’s
Assurances and Certification form. The
OMB Standard Forms can be accessed at
https://www.forms.gov. The FRA
Assurances and Certifications Document
is available at https://www.fra.dot.gov/
downloads/admin/assurancesand
certifications.pdf.
6.2.5 Debarment and Suspension; and
Drug-Free Workplace
Grant recipients must obtain
certifications on debarment and
suspension for all third party
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contractors and subgrantees and comply
with all DOT regulations,
‘‘Nonprocurement Suspension and
Debarment’’ (2 CFR part 1200), and
‘‘Governmentwide Requirements for
Drug-Free Workplace (Grants)’’ (49 CFR
part 32).
6.2.6 Safety Oversight
Grant recipients must comply with
any Federal regulations, laws, policy,
and other guidance that FRA or DOT
may issue pertaining to safety oversight
in general and in the performance of any
grant award in particular. FRA has in
place a comprehensive system of
railroad safety oversight (see 49 CFR
part 209 et seq.) that is applicable to
railroad operations generally.
6.2.7 Americans with Disabilities Act
(ADA)
Grant recipients must agree to use
funds provided under the grant
agreement in a manner consistent with
the requirements of Title II of the
Americans with Disabilities Act (ADA)
of 1990, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended
(29 U.S.C. 794); and both statutes’
implementing regulations at 49 CFR
parts 27, 37, and 38. DOT (through its
delegate FRA) has responsibility to offer
technical assistance for the provisions of
the ADA about which it issues
regulations. 42 U.S.C. 12206(c)(1) reads:
‘‘Each Federal agency that has
responsibility under paragraph (2) for
implementing this chapter may render
technical assistance to individuals and
institutions that have rights or duties
under the respective subchapters of this
chapter for which such agency has
responsibility.’’ Grant recipients are
strongly encouraged to seek FRA’s
technical assistance with regard to the
accessible features of passenger rail
systems, to include accessibility at
stations and on railcars. FRA believes
such technical assistance is essential
where interpretation of DOT’s
regulatory requirements is necessary
and/or before the creation of any new
rail system.
6.2.8 Environmental Protection
All facilities that will be used to
perform work under an award shall not
be so used unless the facilities are
designed and equipped to limit water
and air pollution in accordance with all
applicable local, State, and Federal
standards.
Grant recipients will conduct work
under an award and will require that
work that is conducted as a result of an
award be in compliance with the
following provisions, as modified from
time to time: Section 114 of the Clean
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Air Act, 42 U.S.C. 7414, and Section 308
of the Federal Water Pollution Control
Act, 33 U.S.C. 1318, and all regulations
issued thereunder. Through the grant
agreement, grant recipients will certify
that no facilities that will be used to
perform work under an award are listed
on the List of Violating Facilities
maintained by the Environmental
Protection Agency (EPA). Grant
recipients will be required to notify the
Administrator as soon as it or any
contractor or subcontractor receives any
communication from the EPA indicating
that any facility which will be used to
perform work pursuant to an award is
under consideration to be listed on the
EPA’s List of Violating Facilities;
provided, however, that the grant
recipient’s duty of notification shall
extend only to those communications of
which it is aware, or should reasonably
have been aware. Grant recipients will
need to include or cause to be included
in each contract or subcontract entered
into, which contract or subcontract
exceeds $50,000.00 in connection with
work performed pursuant to an award,
the criteria and requirements of this
section and an affirmative covenant
requiring such contractor or
subcontractor to immediately inform the
grant recipient upon the receipt of a
communication from the EPA
concerning the matters set forth herein.
6.2.9 National Environmental Policy
Act (NEPA)
The following is a description of
FRA’s standard grant provisions on
NEPA compliance.
Generally, grant recipients may not
expend any of the funds provided in an
award on construction or other activities
that represent an irretrievable
commitment of resources to a particular
course of action affecting the
environment until after all
environmental and historic preservation
analyses required by the National
Environmental Policy Act (42 U.S.C.
4332) (NEPA), the National Historic
Preservation Act (16 U.S.C. 470(f))
(NHPA), and related laws and
regulations have been completed and
FRA has provided the grant recipient
with a written notice authorizing them
to proceed.
In instances where NEPA approval
has not been secured at the time of grant
award, grant recipients are required to
assist FRA in its compliance with the
provisions of NEPA, the Council on
Environmental Quality’s regulations
implementing NEPA (40 CFR part 1500
et seq.), FRA’s ‘‘Procedures for
Considering Environmental Impacts’’ (45
FR 40854, June 16, 1980, as revised May
26, 1999, 64 FR 28545), Section 106 of
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the NHPA, and related environmental
and historic preservation statutes and
regulations. As a condition of receiving
financial assistance under an award,
grant recipients may be required to
conduct certain environmental analyses
and to prepare and submit to FRA draft
documents required under NEPA,
NHPA, and related statutes and
regulations (including draft
environmental assessments and
proposed draft and final environmental
impact statements).
No publicly-owned land from a park,
recreational area, or wildlife or
waterfowl refuge of national, State, or
local significance as determined by the
Federal, State, or local officials having
jurisdiction thereof, or any land from an
historic site of national, State, or local
significance as so determined by such
officials shall be used by grant
recipients without the prior written
concurrence of FRA. Grant recipients
shall assist FRA in complying with
these requirements of 49 U.S.C. 303(c).
6.2.10 Environmental Justice
The grant recipient will be required to
agree to facilitate compliance with the
policies of Executive Order No. 12898,
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations,’’ 42 U.S.C. 4321 note,
except to the extent that FRA
determines otherwise in writing.
6.2.11 Operating and Access
Agreements
Grant recipients will be required to
reach a written agreement, approved by
FRA, with each of the railroads or other
entity on whose property the project
will be located. Among other things,
such railroad/owner agreements shall
specify terms and conditions regarding
the following issues: responsibility for
project design and implementation,
project property ownership,
maintenance responsibilities, and
disposition responsibilities, and the
owning entity’s commitment to achieve,
to the extent it has control, the
anticipated project benefits. If an
agreement between the grant recipient
and the owner that substantially
addresses the above-referenced issues is
already in place as of the date of
execution of the grant agreement, the
grant recipient will be required to
submit it to FRA for FRA’s review and
determination of adequacy. However, if
either no agreement is in place as of the
date of execution of this Agreement, or
if an existing agreement has been
determined by FRA to be inadequate,
the grant recipient shall, prior to the
grant recipient’s execution of an
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agreement with the owner, submit the
final draft of such an agreement to FRA
for FRA’s review and approval. A
finding by FRA that the required
approved railroad/owner agreement(s)
are in place is a prerequisite for the
obligation of funding for constructionrelated activities.
6.2.12 Real Property and Equipment
Management, Discontinuance of
Service, and Disposition Requirements
The grant recipient will be required to
ensure the maintenance of project
property to the level of utility (including
applicable FRA track safety standards)
that existed when the project
improvements were placed in service
for a period of a minimum of 20 years
from the date such project property was
placed in service. In the event that all
intercity passenger rail service making
use of the project property is
discontinued during the 20-year period,
the grant recipient will be required to
continue to ensure the maintenance of
the project property, as set forth above,
for a period of one year to allow for the
possible reintroduction of intercity
passenger rail service. In the event the
grant recipient should fail to ensure the
maintenance of project property, as set
forth above, for a period of time in
excess of six months, the grant recipient
will be required to refund to FRA a prorata share of the Federal contribution,
based upon the percentage of the 20year period remaining at the time of
such original default.
The grant recipient will also be
required to acknowledge that the
purpose of the project is to benefit
intercity passenger rail service. In the
event that all intercity passenger rail
service making use of the project
property is discontinued (for any
reason) at any time during a period of
20 years from the date such project
property was placed in service, as set
forth above, and if such intercity
passenger rail service is not
reintroduced during a one-year period
following the date of such
discontinuance, the grant recipient will
be required to refund to FRA, no later
than 18 months following the date of
such discontinuance, a pro-rata share of
the Federal contribution, based upon
the percentage of the 20-year period
remaining at the time of such
discontinuance.
6.2.13 Freedom of Information Act
(FOIA)
As a Federal agency, FRA is subject to
the Freedom of Information Act (FOIA)
(5 U.S.C. 552), which generally provides
that any person has a right, enforceable
in court, to obtain access to Federal
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agency records, except to the extent that
such records (or portions of them) are
protected from public disclosure by one
of nine exemptions or by one of three
special law enforcement record
exclusions. Grant applications and
related materials submitted by
applicants pursuant to this notice of
funding availability would become
agency records and thus subject to the
FOIA and to public release through
individual FOIA requests. FRA also
recognizes that certain information
submitted in support of an application
for funding in accordance with this
notice could be exempt from public
release under FOIA as a result of the
application of one of the FOIA
exemptions, most particularly
Exemption 4, which protects trade
secrets and commercial or financial
information obtained from a person that
is privileged or confidential (5 U.S.C.
552(b)(4)). In the context of this grant
program, commercial or financial
information obtained from a person
could be confidential if disclosure is
likely to cause substantial harm to the
competitive position of the person from
whom the information was obtained
(see National Parks & Conservation
Ass’n v. Morton, 498 F.2d 765, 770 (DC
Cir. 1974)). Entities seeking exempt
treatment must provide a detailed
statement supporting and justifying
their request and should follow FRA’s
existing procedures for requesting
confidential treatment in the railroad
safety context found at 49 CFR 209.11.
As noted in the Department’s FOIA
implementing regulation (49 CFR part
7), the burden is on the entity requesting
confidential treatment to identify all
information for which exempt treatment
is sought and to persuade the agency
that the information should not be
disclosed (see 49 CFR 7.17). The final
decision as to whether the information
meets the standards of Exemption 4
rests with FRA.
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6.2.14 Security Planning and
Oversight
The grant recipient must comply with
any Federal regulations, laws, policy,
and other guidance that FRA, DOT, or
the Department of Homeland Security
may issue pertaining to security
oversight in general and that FRA or
DOT may issue regarding the
performance of any grant award in
particular. Prior to FRA issuing a
cooperative agreement for an Individual
Project, an applicant must complete a
System Security Plan.
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6.3 Program-Specific Grant
Requirements
6.3.1 Buy America
Grant recipients must comply with
the Buy America provisions set forth in
49 U.S.C. 24405(a), which specifically
provide that the Secretary of
Transportation may obligate funds for a
HSIPR project only if the steel, iron, and
manufactured goods used in the project
are produced in the United States. The
Secretary (or the Secretary’s delegate,
the FRA Administrator) may waive this
requirement if the Secretary finds that
applying this requirement would be
inconsistent with the public interest; the
steel, iron, and goods produced in the
United States are not produced in a
sufficient and reasonably available
amount or are not of a satisfactory
quality; rolling stock or power train
equipment cannot be bought and
delivered in the United States within a
reasonable time; or including domestic
material will increase the cost of the
overall project by more than 25 percent.
For purposes of implementing these
requirements, in calculating the
components’ costs, labor costs involved
in final assembly shall not be included
in the calculation. If the Secretary
determines that it is necessary to waive
the application of the Buy America
requirements, the Secretary is required
before the date on which such finding
takes effect to publish in the Federal
Register a detailed written justification
as to why the waiver is needed; and
provide notice of such finding and an
opportunity for public comment on
such finding, for a reasonable period of
time, not to exceed 15 days. The
Secretary may not make a waiver for
goods produced in a foreign country if
the Secretary, in consultation with the
United States Trade Representative,
decides that the government of that
foreign country has an agreement with
the United States Government under
which the Secretary has waived the
requirement of this subsection, and the
government of that foreign country has
violated the agreement by
discriminating against goods to which
this subsection applies that are
produced in the United States and to
which the agreement applies. The Buy
America requirements described in this
section shall only apply to projects for
which the costs exceed $100,000.
6.3.2 Operators Deemed Rail Carriers
With the exception of entities falling
within the exclusions set forth in 49
U.S.C. 24405(e), a person that conducts
rail operations over rail infrastructure
constructed or improved with funding
provided in whole or in part in a grant
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made under this program shall be
considered a rail carrier, as defined in
Section 49 U.S.C. 10102(5), for purposes
of title 49 of the United States Code and
any other statute that adopts the
definition found in 49 U.S.C. 10102(5),
including the Railroad Retirement Act
of 1974 (45 U.S.C. 231 et seq.); the
Railway Labor Act (43 U.S.C. 151 et
seq.); and the Railroad Unemployment
Insurance Act (45 U.S.C. 351 et seq.)
(see 49 U.S.C. 24405(b)).
6.3.3 Railroad Agreements
As a condition of receiving a grant
under this program for a project that
uses rights-of-way owned by a railroad,
the grant recipient shall have in place a
written agreement between the grant
recipient and the railroad regarding
such use and ownership, including any
compensation for such use; assurance
that service outcomes specified to result
from the project, and for which the
railroad is necessary for delivery, will
be delivered, and a mechanism to
enforce specified service outcomes;
assurances regarding the adequacy of
infrastructure capacity to accommodate
both existing and future freight and
passenger operations; an assurance by
the railroad that collective bargaining
agreements with the railroad’s
employees (including terms regulating
the contracting of work) will remain in
full force and effect according to their
terms for work performed by the
railroad on the railroad transportation
corridor; and an assurance that the grant
recipient complies with liability
requirements consistent with 49 U.S.C.
28103. Grant recipients that use rightsof-way owned by a railroad must
comply with FRA guidance regarding
how to establish a written agreement
between the applicant and the railroad
regarding use and ownership as
discussed in Sections 4.2.6 and 6.2.11
(see 49 U.S.C. 24405(c)).
6.3.4 Labor Protection
As a condition of receiving a grant
under this program for a project that
uses rights-of-way owned by a railroad,
the grant recipient must agree to comply
with the standards of 49 U.S.C. 24312,
as such section was in effect on
September 1, 2003, with respect to the
project in the same manner that Amtrak
is required to comply with those
standards for construction work
financed under an agreement made
under 49 U.S.C. 24308(a) and the
protective arrangements established
under Section 504 of the Railroad
Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 836) with respect
to employees affected by actions taken
in connection with the project to be
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financed in whole or in part by grants
under this program (see 49 U.S.C.
24405(c)).
6.3.5
Davis-Bacon Act
Projects funded through PRIIA that
use rights-of-way owned by a railroad
are required to comply with the DavisBacon Act (40 U.S.C. 3141 et seq.) as
provided for in 49 U.S.C. 24405(c)(2).
The Davis-Bacon Act is a measure that
fixes a floor under wages on Federal
government projects and provides, in
pertinent part, that the minimum wages
to be paid for classes of workers under
a contract for the construction,
alteration, and/or repair of a Federal
public building or public work must be
based upon wage rates determined by
the Secretary of Labor to be prevailing
for corresponding classes of workers
employed on projects of a character
similar to the contract work in the civil
subdivision of the State in which the
work is to be performed.
6.3.6 Replacement of Existing Intercity
Passenger Rail Service
Grant recipients providing intercity
passenger rail transportation that begins
operations after October 16, 2008, on a
project funded in whole or in part by
grants made under this program and
that replaces intercity passenger rail
service that was provided by Amtrak,
unless such service was provided solely
by Amtrak to another entity as of such
date, are required to enter into a series
of agreements with the authorized
bargaining agent or agents for adversely
affected employees of the predecessor
provider (see 49 U.S.C. 24405(d)).
6.4
Reporting
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6.4.1 Standard Reporting
Requirements
• Progress Reports—Progress reports
are to be submitted quarterly. These
reports must relate the state of
completion of items in the statement of
work to expenditures of the relevant
budget elements. The grant recipient
must furnish the quarterly progress
report to FRA on or before the 30th
calendar day of the month following the
end of the quarter being reported.
Grantees must submit reports for the
periods: January 1–March 31, April 1–
June 30, July 1–September 30, and
October 1–December 31. Each quarterly
report must set forth concise statements
concerning activities relevant to the
project and should include, but not be
limited to, the following: (a) An account
of significant progress (findings, events,
trends, etc.) made during the reporting
period; (b) a description of any technical
and/or cost problem(s) encountered or
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anticipated that will affect completion
of the grant within the time and fiscal
constraints as set forth in the agreement,
together with recommended solutions or
corrective action plans (with dates) to
such problems, or identification of
specific action that is required by FRA,
or a statement that no problems were
encountered; and (c) an outline of work
and activities planned for the next
reporting period.
• Quarterly Federal Financial Report
(SF–425)—Grantees must submit a
quarterly Federal financial report on or
before the thirtieth (30th) calendar day
of the month following the end of the
quarter being reported (e.g., for quarter
ending March 31, the SF–425 is due no
later than April 30). A report must be
submitted for every quarter of the period
of performance, including partial
calendar quarters, as well as for periods
where no grant activity occurs. Grantees
must use SF–425, Federal Financial
Report, in accordance with the
instructions accompanying the form, to
report all transactions, including
Federal cash, Federal expenditures and
unobligated balance, recipient share,
and program income.
• Interim Report(s)—If required,
interim reports will be due at intervals
specified in the statement of work and
must be submitted electronically in the
GrantSolutions system.
• Final Report(s)—Within 90 days of
the project completion date or
termination by FRA, grantees must
submit a Summary Project Report,
detailing the results and benefits of the
grantee’s improvement efforts, as well as
a final Federal Financial Report (SF–
425).
6.4.2 Audit Requirements
Grant recipients that expend $500,000
or more of Federal funds during their
fiscal year are required to submit an
organization-wide financial and
compliance audit report. The audit must
be performed in accordance with U.S.
General Accountability Office,
Government Auditing Standards,
located at https://www.gao.gov/govaud/
ybk01.htm, and OMB Circular A–133,
Audits of States, Local Governments,
and Non-Profit Organizations, located at
https://www.whitehouse.gov/omb/
circulars/a133/a133.html. Currently,
audit reports must be submitted to the
Federal Audit Clearinghouse no later
than nine months after the end of the
recipient’s fiscal year. In addition, FRA
and the Comptroller General of the
United States must have access to any
books, documents, and records of grant
recipients for audit and examination
purposes. The grant recipient will also
give FRA or the Comptroller, through
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any authorized representative, access to
and the right to examine all records,
books, papers or documents related to
the grant. Grant recipients must require
that subgrantees comply with the audit
requirements set forth in OMB Circular
A–133. Grant recipients are responsible
for ensuring that sub-recipient audit
reports are received and for resolving
any audit findings.
6.4.3 Monitoring Requirements
Grant recipients will be monitored
periodically by FRA to ensure that the
project goals, objectives, performance
requirements, timelines, milestones,
budgets, and other related program
criteria are being met. FRA will conduct
monitoring activities through a
combination of office-based reviews and
onsite monitoring visits. Monitoring
will involve the review and analysis of
the financial, programmatic, and
administrative issues relative to each
program and will identify areas where
technical assistance and other support
may be needed. The recipient is
responsible for monitoring award
activities, including sub-awards and
subgrantees, to provide reasonable
assurance that the award is being
administered in compliance with
Federal requirements. Financial
monitoring responsibilities include the
accounting of recipients and
expenditures, cash management,
maintaining of adequate financial
records, and refunding expenditures
disallowed by audits.
6.4.4 Closeout Process
Project closeout occurs when all
required project work and all
administrative procedures described in
49 CFR part 18, or 49 CFR part 19, as
applicable, have been completed, and
when FRA notifies the grant recipient
and forwards the final Federal
assistance payment, or when FRA
acknowledges the grant recipient’s
remittance of the proper refund. Project
closeout should not invalidate any
continuing obligations imposed on the
grantee by an award or by FRA’s final
notification or acknowledgment. Within
90 days of the Project completion date
or termination by FRA, grantees agree to
submit a final Federal Financial Report
(SF–425), a certification or summary of
project expenses, a final report, and
third party audit reports, as applicable.
Section 7: Agency Contact
For further information regarding this
notice and the HSIPR program, please
contact the FRA HSIPR Program
Manager via e-mail at HSIPR@dot.gov,
or by mail: U.S. Department of
Transportation, Federal Railroad
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Administration, MS–20, 1200 New
Jersey Avenue, SE., Washington, DC
20590 Att’n: HSIPR Program.
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Appendix 1: Definition of High-Speed
and Intercity Passenger Rail
‘‘Intercity rail passenger transportation’’ is
defined at 49 U.S.C. 24102(4) as ‘‘rail
passenger transportation except commuter
rail passenger transportation.’’ An intercity
passenger rail service consists of a group of
one or more scheduled trains (roundtrips)
that provide intercity passenger rail
transportation between bona fide travel
markets (not constrained by State or
jurisdictional boundaries), generally with
similar quality and level-of-service
specifications, within a common (but not
necessarily exclusive or identical) set of
identifiable geographic markets.
Similarly, ‘‘commuter rail passenger
transportation’’ is defined at 49 U.S.C.
24102(3) as ‘‘short-haul rail passenger
transportation in metropolitan and suburban
areas usually having reduced fare, multiple
ride, and commuter tickets and morning and
evening peak period operations.’’ In common
use, the general definition of ‘‘rail passenger
transportation’’ excludes types of local or
regional rail transit, such as light rail,
streetcars, and heavy rail. Similarly, both
intercity passenger rail transportation and
commuter rail passenger transportation
exclude single-purpose scenic or tourist
railroad operations.
The since-terminated Interstate Commerce
Commission (ICC) established six features to
aid in classifying a service as ‘‘commuter’’
rather than ‘‘intercity’’ rail passenger
transportation 1:
• The passenger service is primarily being
used by patrons traveling on a regular basis
either within a metropolitan area or between
a metropolitan area and its suburbs;
• The service is usually characterized by
operation performed at morning and peak
periods of travel;
• The service usually honors commutation
or multiple-ride tickets at a fare reduced
below the ordinary coach fare and carries the
majority of its patrons on such a reduced fare
basis;
• The service makes several stops at short
intervals either within a zone or along the
entire route;
• The equipment used may consist of little
more than ordinary coaches; and
• The service should not extend more than
100 miles at the most, except in rare
instances; although service over shorter
distances may not be commuter or short haul
within the meaning of this exclusion.
FTA further refined the definition of
commuter rail in the glossary for its National
Transit Database (NTD) 2 Reporting Manual.
In particular, FTA refined the ICC’s third
‘‘feature’’ by specifying that ‘‘predominantly
commuter [rail passenger] service means that
1 Penn
Central Transportation Company
Discontinuance or Change in Service of 22 Trains
between Boston, Mass, and Providence R.I.,
February 10, 1971, I.C.C. 338, 318–333.
2 In additional to serving as a reference database,
the NTD captures data that serve as the basis for
apportioning and allocating funding to eligible
grantees under FTA’s formula grant programs.
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for any given trip segment (i.e., distance
between any two stations), more than 50
percent of the average daily ridership travels
on the train at least three times a week.’’
In judging the eligibility of an application
under this solicitation, FRA will determine
whether the rail passenger service that is
primarily intended to benefit from the
proposal constitutes ‘‘intercity passenger rail
transportation’’ under the statutory definition
and ICC and FTA interpretations. FRA may
also take into account whether the primary
intended benefiting service has been or is
currently the direct or intended beneficiary
of funding provided by another Federal
agency (e.g., FTA) for the purpose of
improving commuter rail passenger
transportation and whether the service in
question is or will be operated by or on
behalf of a local, regional, or State entity
whose primary rail transportation mission is
the provision of commuter or transit service.
‘‘High-speed rail’’ is an intercity passenger
rail service that ‘‘is reasonably expected to
reach speeds of at least 110 miles per hour’’
(49 U.S.C. 26106(b)(4)).
Appendix 2: Additional Information on
Stages of Project Development
The information contained below in
Appendices 2.1 Planning for Individual
Projects, 2.3 Preliminary Engineering, and 2.4
Final Design represent suggested content and
approaches for completing the
documentation required for each stage of
project development. While FRA does not
require applicants/grantees to follow the
specific document structures and content
listed below, they are provided to assist
applicants/grantees in fulfilling the
objectives necessary to successfully complete
each stage of project development. However,
the information contained in Appendix 2.2
Environmental Documentation must be
adhered to in order to demonstrate
compliance with NEPA.
Appendix 2.1 Planning for Individual
Projects
Although Individual Projects under the
HSIPR program will generally be relatively
limited in scale, scope, cost, and operational
impact on HSIPR service, applications for
funding such projects must nonetheless be
supported by a rational planning process that
establishes the purpose and need of the
proposed project, and makes the case for
investing in the proposed solution.
At a minimum, planning for Individual
Projects should address the following topics:
1. Purpose and Need;
2. Rationale;
3. Identification and Analysis of
Alternatives;
4. Conceptual Engineering; and
5. Public Benefits Analysis.
In addition to these basic components, an
Individual Project should also be supported
by supplemental planning documentation
appropriate to the specific characteristics of
the project and the benefits it is intended to
generate. Examples of specific planning
documentation that sufficiently supports
projects with certain characteristics are listed
below. Note that Individual Projects may
exhibit several of these characteristics, and
should therefore be supported by the
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planning documentation specified, based on
all of the project’s characteristics:
• Projects Affecting HSIPR Operations:
Individual Projects that will affect
operations, such as trip-time changes,
reliability improvements, frequency changes,
or station stopping pattern changes, should
be supported by operations modeling. Such
modeling demonstrates the precise nature
and feasibility of operational changes that are
anticipated to result from the proposed
project.
• Projects to Increase HSIPR Ridership:
Individual Projects intended to significantly
increase ridership should be supported by
both a demand and revenue forecast and a
station and access analysis. Such analyses
demonstrate the validity of the anticipated
ridership increases, and shows that
equipment, station, and access capacity are
sufficient to accommodate the anticipated
increase.
• Station Projects: Individual Projects
involving improvements to existing stations,
or development of new stations, should be
supported by a station and access analysis.
Such analysis demonstrates the
appropriateness of the proposed station
projects, and the effects of additional station
stops at newly developed stations on
operations.
• Equipment Procurements: Individual
Projects involving procurement of equipment
should be supported by operations modeling
and a stations and access analysis. Such
analysis demonstrates that the operating and
physical characteristics of new equipment
and the proposed equipment are compatible
with the existing operating plan for the
service (e.g., in terms of acceleration rates,
yard storage capacity, clearance envelopes,
etc.), the design of the stations served (e.g.,
in terms of platform lengths, platform
heights, etc.), and consistent with the
requirements of the Americans with
Disabilities Act.
Appendix 2.2 Environmental
Documentation
The environmental review process
required by NEPA applies to all Federal grant
programs. NEPA requires Federal agencies to
integrate environmental values into their
decision-making processes by considering
the environmental impacts of their proposed
actions and reasonable alternatives to those
actions. NEPA also mandates that all
reasonable alternatives be considered, and to
that end, an alternatives analysis is typically
conducted during the environmental review
process. Agencies must also make
information on these impacts and
alternatives publicly available before
decisions are made and actions occur.
Appendix 2.2.1 Project Environmental
Documentation (‘‘Project NEPA’’)
As part of the PE/NEPA phase of project
development, a project NEPA document and
other required environmental documentation
to satisfy other Federal laws are prepared for
the specific design alternative identified
through Preliminary Engineering and other
reasonable alternatives (integrated with the
design alternatives analysis performed as part
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of Preliminary Engineering). Additionally,
the design and engineering outputs of
Preliminary Engineering will serve as inputs
into the evaluation of environmental impacts
just as identified impacts are inputs for
design and engineering. Therefore, it is
essential that Preliminary Engineering and
project NEPA be closely coordinated and
performed in tandem with one another.
Appendix 2.2.2 NEPA Roles and
Responsibilities
FRA, as the Federal sponsoring agency, has
primary responsibility for assuring
compliance with NEPA and related
environmental laws for projects funded
under the HSIPR program. While NEPA
compliance is a Federal agency responsibility
and the ultimate decisions remain with the
Federal sponsoring agency, FRA encourages
applicants to take a leading role in preparing
environmental documentation, consistent
with existing law and regulations.
In the varied and flexible HSIPR program
no single approach to NEPA compliance will
work for every proposal. Therefore, FRA will
work closely with applicants to assist in the
timely and effective completion of the NEPA
process in the manner most pertinent to the
applicant’s proposal.
Appendix 2.2.3 FRA NEPA Compliance
All NEPA documents must be supported
by environmental and historic preservation
analyses required by the National
Environmental Policy Act (42 U.S.C. 4332)
(NEPA), the National Historic Preservation
Act (16 U.S.C. 470(f)) (NHPA), and related
laws and regulations. Such analyses must be
conducted in accordance with the Council on
Environmental Quality’s regulations
implementing NEPA (40 CFR part 1500 et
seq.), FRA’s ‘‘Procedures for Considering
Environmental Impacts’’ (45 FR 40854, June
16, 1980), as revised May 26, 1999, 64 FR
28545), Section 106 of the NHPA, and related
environmental and historic preservation
statutes and regulations, and other related
laws and regulations such as the Clean Water
Act and the Endangered Species Act.
Appendix 2.3 Preliminary Engineering
Preliminary Engineering (PE) builds on the
conceptual engineering and other
documentation developed during the
planning process in order to evaluate
alternatives and to identify a specific design
alternative for implementing a project, and
demonstrate its feasibility for
implementation. Within the context of the
HSIPR program, FRA relies on the
documentation developed through PE in
order to make a decision as to whether to
obligate funding for the construction and
implementation of a project. As such, HSIPR
program applicants seeking to progress a
project to Final Design and Construction
should ensure that the PE documentation for
the project is adequate to support such a
decision.
In the process of demonstrating the
feasibility of a particular design alternative,
PE involves the refinement of the cost
estimate and schedule for the project and the
reduction of uncertainties (as represented by
reduced cost estimate and schedule
contingencies). Furthermore, as part of PE,
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the analyses of the financial, operational, and
public benefit impacts of the project that
were developed during the planning phase
are refined, so as to address and reduce
uncertainties and risks associated with the
project after it is placed in service.
The following documentation would
demonstrate the completion of PE for a
project:
1. Project Description
a. A detailed description of the design
alternative identified through the PE process,
including other design alternatives
considered.
b. A description of construction staging or
phasing (such as sequential phasing of
interlocking reconfigurations) identified as
necessary to implement the identified design
alternative.
c. A presentation of the work necessary to
implement the identified design alternative
in a detailed Work Breakdown Structure
(WBS) format. The WBS for the project
would serve as the master format for
organizing and presenting the various
elements of the project through the
subsequent phases of development, and
presenting cost estimates and project
schedules.
d. An assessment of the physical condition
and location of the railroad in the project
area (up to two to three miles beyond the
project construction limits depending upon
effect and interrelationship of the project
with train operations), including: bridges
(rail and highway); track including the
number and location of previously existing
railroad tracks on a roadbed; buildings
(stations and maintenance facilities, etc.);
signal systems and interlocked detectors,
switches, derails, and snow melters; utility
systems on, over, adjacent to or under the rail
line and agreements concerning them;
electrification systems, if any; description of
highway crossing warning systems (if any)
and daily traffic counts at public and private
at grade highway crossings; existing and
proposed railroad operations and routes of
freight, commuter and intercity trains with
train daily numbers of trains by type; a safety
and security management plan; and
STRACNET routes and/or moves for
commercial high and wide loads.
2. Project Cost Estimate
a. Project cost estimates in both the
project’s WBS and the HSIPR Standard Cost
Category format.
b. Documentation of the cost estimate in its
original format, illustrating exactly how the
cost estimates were calculated.
c. A detailed description of the
methodology and assumptions used in
developing the estimates, including values
and sources of unit costs for labor, materials,
and equipment; overhead costs or other
additives; allocated and unallocated
contingencies; credit value of salvaged
materials; and cost escalation factors. Unless
explicitly and adequately justified, total
contingencies for cost estimates developed
during PE should be no greater than 20%.
3. Project Schedule
a. A schedule for the implementation of the
project organized in the format of Work
Breakdown Structure and consistent the
phases of projects development.
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b. The schedule should illustrate the
duration of each activity within the WBS, the
earliest date at which each activity could
commence, and the dependencies between
the various activities.
4. Design Documentation
a. A project locator map showing the both
the location of the project area within the
context of the State in which and the corridor
on which it is located.
b. A project area map showing the exact
project location and the immediate
surrounding area (up to two to three miles
beyond the project construction limits
consistent with the Project Description).
c. Detailed PE drawings:
• For projects involving improvements to
track, track structures, signals, or other linear
railroad assets, full two-dimensional
depictions of the project (i.e., not track charts
or schematics) showing existing and
proposed conditions at a scale of one inch =
100 to 500 feet, depending on location (builtup vs. undeveloped areas). PE drawings
should incorporate scale maps or scale aerial
photography of existing conditions with
design plan drawings overlaid on the maps/
photography, and should show: (i) Existing
railroad right-of-way limits along with the
railroad ownership; (ii) proposed track
changes including track removals and track
installations showing track centers, turnout
sizes, curve and spiral data, etc.; (iii) vertical
profiles and grades of existing and proposed
construction; (iv) public and private at grade
highway crossings; and (v) passenger
stations, building(s), platforms, parking,
access to the primary highway system in the
area, and public transit services and
facilities.
• For projects involving improvements to
maintenance facilities and yards, PE
drawings should show the track and facility
layout, specialized equipment (if any), and
office and employee welfare facilities.
• For projects involving equipment
procurement or rehabilitation, PE drawings
should include plan, side elevation, and end
elevation drawings, clearly showing interior
configuration (including seating
configurations, restroom configuration,
doorway sizes), clearance envelope, and floor
heights.
• For projects involving improvements to
stations/buildings, PE drawings should
include all renderings and plan, elevation,
detail drawings necessary to illustrate the
scope of the project.
i. Schematic track charts for all projects
involving improvements to track, track
structures, signals, or other linear railroad
assets, refined from those developed during
the planning process.
ii. Route and aspect charts for all projects
involving signal system improvements, signal
system installation, or track reconfigurations
in signaled territory.
5. Design and Procurement Compliance
a. Demonstration that the proposed project
design is compliant with all applicable FRA
safety regulations and AREMA design
standards.
b. For projects involving the procurement
of rolling stock, demonstration that the
proposed equipment procurement will be
consistent with Section 305 of PRIIA, which
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calls for the establishment of a standardized
next-generation rail corridor equipment pool.
Compliance with Section 305 of PRIIA will
assist in creating the economies of scale
necessary to achieve the Administration’s
goal, as outlined in FRA’s Strategic Plan, of
developing a sustainable railroad equipment
manufacturing base in the United States.
c. For projects involving improvements to
railroad signaling/control systems, the
application should demonstrate that the
proposed improvements are consistent with
a comprehensive plan for complying with the
requirements for positive train control (PTC)
implementation under Section 104 of the Rail
Safety Improvement Act of 2008 (‘‘RSIA,’’
Division A of Pub. L. 110–432, October 16,
2008, codified at 49 U.S.C. 20147) and with
FRA’s final rule on Positive Train Control
System published in the Federal Register on
January 15, 2010 (75 FR 2598).
6. Refinement of Planning Documentation
Many elements of project planning
developed during the Planning phase of
project development would be expanded and
updated in later phases of the project
development process, as the project itself
becomes more refined. Much of this
refinement is completed as part of
Preliminary Engineering, particularly as it
relates to the following project planning
elements:
a. Identification of Alternatives
(particularly as it relates to design
alternatives)
b. Demand and Revenue Forecasts
c. Operations Modeling
d. Station and Access Analysis
e. Operating and Maintenance Costs and
Capital Replacement Forecast
f. Public Benefits Analysis
To demonstrate completion of PE, revised
versions of planning documentation that
cover these topics (to the extent the topics are
applicable to the project), including
descriptions of how project decisions and
refinements made as part of PE have resulted
in changes key outputs of the planning
process (such as demand forecasts, forecasts
of operational benefits, operations and
maintenance cost forecasts, and estimates of
public benefits) should be completed.
Appendix 2.4 Final Design
During the Final Design phase, any
remaining uncertainties or risks associated
with minor changes to design scope are fully
addressed, and the products of Preliminary
Engineering are refined as additional detailed
design work is completed. The objective of
the Final Design phase is to progress the
engineering of the project beyond what was
required to demonstrate the feasibility of the
design of the project to the point where the
engineering documentation is sufficient to
support the procurement of construction
services to implement the project. Final
Design includes the preparation of final
design plans, final construction cost
estimates, and a refined and revised project
schedule, and may also encompass early
construction-related activities, such as rightof-way acquisition and utility relocation.
Final Design documentation will generally
incorporate design changes and refinements
implemented as part of the FD process and
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should reflect a level of detail sufficient to
support the procurement of construction
services and the effective control of the
project throughout its construction. As such,
major differences between the PE and FD
documentation include:
• Project Description: Upon completion of
FD, the Work Breakdown Structure of the
project should reflect a level of detail
sufficient to support the effective control of
the project’s construction, particularly as it
relates to the project’s scope and
specifications.
• Project Cost Estimate: Upon completion
of FD, cost estimates should be at a level of
detail sufficient to support construction
services procurement and to allow for the
tracking and comparison during the
construction phase of actual costs against
estimated costs.
Æ Unless explicitly and adequately
justified, total contingencies for cost
estimates developed during Final Design
should be no greater than 10%.
• Project Schedule: Upon completion of
FD, the project schedule should reflect a
level of detail sufficient to support the
effective control of the project’s timely
construction.
• Final Design Documentation: Final
Design drawings should be at a level of detail
sufficient to support the preparation of
construction and shop drawings and to
ensure the effective control of the project’s
scope and configuration.
Æ As part of Final Design, detailed
specification should be developed or adopted
for the project, in order to ensure the quality,
suitability, and durability of all construction.
Appendix 3: Additional Information on
Applicant Budgets
The information contained in this
appendix is intended to assist applicants
with developing the SOW budget and OMB
Standard Forms 424A: Budget Information—
Non-Construction Programs and 424C:
Budget Information—Construction Programs,
as described in Section 4.2.
Appendix 3.1 Non-Construction Project
Budgets
Applicants must present a detailed budget
for the proposed project that includes both
Federal funds and matching funds. Items of
cost included in the budget must be
reasonable, allocable, and necessary for the
project. At a minimum, the budget should
separate total cost of the project into the
following categories and provide a basis of
computation for each cost:
• Personnel: List each position by title and
name of employee, if available, and show the
annual salary rate and the percentage of time
to be devoted to the project. Compensation
paid for employees engaged in grant
activities must be consistent with that paid
for similar work within the applicant
organization.
• Fringe Benefits: Fringe benefits should
be based on actual known costs or an
established formula. Fringe benefits are for
personnel listed in the ‘‘Personnel’’ budget
category and only for the percentage of time
devoted to the project.
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• Travel: Itemize travel expenses of project
personnel by purpose (training, interviews,
and meetings). Show the basis of
computation (e.g., X people to Y-day training
at $A airfare, $B lodging, $C subsistence).
• Equipment: List non-expendable items
that are to be purchased. Nonexpendable
equipment is tangible property having a
useful life of more than two years and an
acquisition cost of $5,000 or more per unit.
(Note: Organization’s own capitalization
policy may be used for items costing less
than $5,000.) Expendable items should be
included either in the ‘‘Supplies’’ category or
in the ‘‘Other’’ category. Applicants should
analyze the cost benefits of purchasing versus
leasing equipment, especially high cost items
and those subject to rapid technical
advances. Rented or leased equipment
should be listed in the ‘‘Contractual’’
category. Explain how the equipment is
necessary for the success of the project.
Attach a narrative describing the
procurement method to be used.
• Supplies: List items by type (office
supplies, postage, training materials, copying
paper, and expendable equipment items
costing less than $5,000) and show the basis
for computation. (Note: Organization’s own
capitalization policy may be used for items
costing less than $5,000). Generally, supplies
include any materials that are expendable or
consumed during the course of the project.
• Consultants/Contracts: Indicate whether
applicant’s written procurement policy (see
49 CFR 18.36) or the Federal Acquisition
Regulations (FAR) are followed. Consultant
Fees: For each consultant enter the name, if
known, service to be provided, hourly or
daily fee (8-hour day), and the estimated time
on the project. Consultant Expenses: List all
expenses to be paid from the grant to the
individual consultants in addition to their
fees (travel, meals, and lodging). Contracts:
Provide a description of the product or
service to be procured by contract and an
estimate of the cost. Applicants are
encouraged to promote free and open
competition in awarding contracts. A
separate justification must be provided for
sole source contracts in excess of $100,000.
• Other: List items (rent, reproduction,
telephone, janitorial or security services) by
major type and the basis of the computation.
For example, provide the square footage and
the cost per square foot for rent, or provide
the monthly rental cost and how many
months to rent.
• Indirect Costs: Indirect costs are allowed
only if the applicant has a Federallyapproved indirect cost rate. A copy of the
rate approval (a fully executed, negotiated
agreement) must be attached. If the applicant
does not have an approved rate, one can be
requested by contacting the applicant’s
cognizant Federal agency, which will review
all documentation and approve a rate for the
applicant organization.
Appendix 3.2 Construction Project Budgets
Applicants must present a detailed budget
for the proposed project that includes both
Federal funds and matching funds. Items of
cost included in the budget must be
reasonable, allocable, and necessary for the
project. At a minimum, the budget should
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separate total cost of the project into the
following categories and provide a basis of
computation for each cost:
• Administrative and Legal Expenses: List
the estimated amounts needed to cover
administrative expenses. Do not include
costs which are related to the normal
functions of government. Allowable legal
costs are generally only those associated with
the purchases of land which is allowable for
Federal participation and certain services in
support of construction of the project. This
may include:
Æ Hours/Rate and total cost of local
government staff
Æ Hours/Rate and total cost of outside
counsel fees
Æ Hours/Rate and total cost of
consultants
• Land, structures, rights-of-way,
appraisals, and related items: List the
estimate site and right(s)-of-way acquisition
costs (this includes purchase, lease, and/or
easements). If possible, include details of
number of acres, acre cost, square-footage,
and square footage cost.
• Relocation expenses and payments: List
the estimated costs relation to relocation
advisory assistance, replacement of housing,
relocation payments to displaces persons and
businesses, etc. This may include:
Æ The gross salaries and wages of
employees for the grantee who will be
directly engaged in performing demolition or
removal of structures from developed land
• Architectural and engineering fees: List
the estimated basic engineering fees related
to construction (this includes start-up
services and preparation of project
performance work plan).
• Other architectural and engineering fees:
List the estimated engineering costs, such as
surveys, tests, soil borings, etc.
• Project inspection fees: List the
estimated engineering inspection costs. This
may include:
Æ Rate of project inspector
Æ Construction monitoring
Æ Audit or construction programs
• Site Work: List the estimated costs of site
preparation and restoration which are not
included in the basic construction contract.
This may include:
Æ Clearing
Æ Erosion control
Æ Reseeding
• Demolition and removal: List the
estimated costs related to demolition
activities.
• Construction: List the estimated cost of
the construction contract. This may include
costs for:
Æ Labor costs, e.g., associated with site
preparation and installation of grade
crossings, highway warning signs, etc.
Æ Equipment rental/purchase, e.g., an
excavator or bulldozer
Æ Materials, e.g., Rail anchors, retaining
walls, etc.
• Equipment: List the estimated cost of
office, shop, laboratory, safety equipment,
etc. to be used at the facility, if such costs
are not included in the construction contract.
• Miscellaneous: List the estimated
miscellaneous costs.
• Contingencies: List the estimated
contingency costs.
Appendix 4: List of Acronyms and
Abbreviated References
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Acronym
Meaning
ACF ......................................
ADA ......................................
Administrator ........................
CAST ....................................
CCR ......................................
CE ........................................
DBE ......................................
Department ...........................
DOT ......................................
DUNS ...................................
EA .........................................
EIS ........................................
FD .........................................
FHWA ...................................
FONSI ..................................
FRA ......................................
FTA .......................................
FY .........................................
FY 2009 DOT Appropriations
Act.
FY 2010 DOT Appropriations
Act.
GMLoB .................................
GS ........................................
ICC .......................................
IPD .......................................
LOI ........................................
mph ......................................
NEPA ....................................
NTD ......................................
OMB .....................................
PE .........................................
PRIIA ....................................
PTC ......................................
ROD .....................................
RSIA .....................................
Secretary ..............................
State DOT ............................
Administration for Children and Families.
Americans with Disabilities Act.
Administrator of the Federal Railroad Administration.
Custom Applications Support and Training Unit (GrantSolutions).
Central Contractor Registration database.
Categorical Exclusion—a class of action for the NEPA process.
Disadvantaged Business Enterprise.
The United States Department of Transportation.
The United States Department of Transportation.
Data Universal Number System.
Environmental Assessment—a NEPA document.
Environmental Impact Statement— the most extensive type of NEPA document.
Final Design.
Federal Highway Administration.
Finding of No Significant Impact—a possible decision concluding the NEPA process.
Federal Railroad Administration—an operating administration of the U.S. Department of Transportation.
Federal Transit Administration.
Fiscal Year.
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009—Title I of Division I of Public Law 111–8, March 11, 2009.
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2010—Title I of Division A of Public Law 111–117, December 16, 2009.
Grants Management Line of Business.
GrantSolutions grants management system.
Interstate Commerce Commission.
Innovation Program Delivery.
Letter of Intent.
Miles Per Hour.
National Environmental Policy Act.
National Transit Database.
Office of Management and Budget.
Preliminary Engineering.
Passenger Rail Investment and Improvement Act of 2008 (Division B of Pub. L. 110–432, October 16, 2008).
Positive Train Control.
Record of Decision—a possible decision concluding of the NEPA process.
Rail Safety Improvement Act of 2008 (Division A of Pub. L. 110–432, October 16, 2008).
Secretary of the United States Department of Transportation.
State Department of Transportation.
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Issued in Washington, DC, on June 25,
2010.
Joseph C. Szabo,
Administrator.
[FR Doc. 2010–15993 Filed 6–28–10; 4:15 pm]
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38383
Agencies
[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Pages 38365-38383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15993]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
High-Speed Intercity Passenger Rail (HSIPR) Program
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding availability for Individual Projects;
issuance of interim program guidance.
-----------------------------------------------------------------------
SUMMARY: This notice details the application requirements and
procedures for obtaining funding for individual high-speed and
intercity passenger rail projects available under the Transportation,
Housing and Urban Development, and Related Agencies Appropriations Act
for 2010 (Div. A of the Consolidated Appropriations Act, 2010 (Pub. L.
111-117, Dec. 16, 2009)). The Federal Railroad Administration has
issued a separate notice in today's edition of the Federal Register for
Fiscal Year 2010 funding made available for Service Development
Programs.
This document incorporates interim guidance required for the HSIPR
program pursuant to the Transportation, Housing and Urban Development,
and Related Agencies Appropriations Act for 2010 and 49 U.S.C.
24402(a)(2). The funding opportunities described in this notice are
available under Catalog of Federal Domestic Assistance (CFDA) number
20.319.
DATES: Applications for funding under this solicitation are due no
later than 5 p.m. EDT, August 6, 2010. FRA reserves the right to modify
this deadline.
ADDRESSES: Comments must be submitted through https://www.grantsolutions.gov. See Section 4 for additional information
regarding the application process.
FOR FURTHER INFORMATION CONTACT: For further information regarding this
notice and the HSIPR program, please contact the FRA HSIPR Program
Manager via e-mail at HSIPR@dot.gov, or by mail: U.S. Department of
Transportation, Federal Railroad Administration, MS-20, 1200 New Jersey
Avenue, SE., Washington, DC 20590 Att'n: HSIPR Program.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Funding Opportunity Description
2. Award Information
3. Eligibility Information
4. Application and Submission Information
5. Application Review Information
6. Award Administration Information
7. Agency Contact
Appendix 1: Definition of High-Speed and Intercity Passenger Rail
Appendix 2: Additional Information on Stages of Project Development
Appendix 3: Additional Information on Applicant Budgets
Appendix 4: List of Acronyms and Abbreviated References
Section 1: Funding Opportunity Description
1.1 Legislative Authority
This interim program guidance and financial assistance announcement
pertains to the funding made available for Individual Projects under
FRA's HSIPR program. The authority for this grant program is contained
in two pieces of legislation:
The Passenger Rail Investment and Improvement Act of 2008
(PRIIA), under Sections 301, 302, and 501: Intercity Passenger Rail
Service Corridor Capital Assistance (codified at 49 U.S.C. chapter
244), General Passenger Rail Transportation (codified at 49 U.S.C.
chapter 24105), and High-Speed Rail Assistance (codified at 49 U.S.C.
chapter 26106), respectively; and
The Fiscal Year 2010 Consolidated Appropriations Act
(Title I of Division A of Pub. L. 111-117, December 16, 2009) (FY 2010
DOT Appropriations Act), under the title ``Capital Assistance for High
Speed Rail Corridors and Intercity Passenger Rail Service.''
This document incorporates interim guidance required for the HSIPR
program pursuant to the FY 2010 DOT Appropriations Act and 49 U.S.C.
24402(a)(2).
1.2 Funding Approach
The FY 2010 DOT Appropriations Act appropriated a total of $2.5
billion for the HSIPR program. FRA is soliciting grant applications
separately for the different components of this appropriation:
FY 2010 Individual Projects (up to $245 million): Final
Design/Construction or Preliminary Engineering/NEPA for Individual
Projects with a 20 percent non-Federal match. This solicitation is for
these funds.
FY 2010 Service Development Programs (at least $2,125
million): Service Development Programs with a 20 percent non-Federal
match. The notice of funding availability (NOFA) for these funds is
being issued concurrently with this solicitation.
FY 2010 Planning Projects (up to $50 million): Planning
projects with a 20 percent non-Federal match. The solicitation for
these funds was published on April 1, 2010, and applications were due
May 19, 2010.
FY 2010 Multi-State Proposals (from $50 million for
Planning Projects): Proposals for Federally-led preparation of planning
documents for high-speed rail corridors that cross multiple states. The
guidance for submitting proposals was published on April 1, 2010, and
the proposals were due May 19, 2010.
The balance of the $2.5 billion is allocated to HSIPR program
administration and research.
1.3 Forthcoming Interim Guidance
FRA is preparing a draft guidance document as part of the process
of
[[Page 38366]]
establishing a long-term framework for the HSIPR program. This
document, anticipated for publication later this year, will include
details about each stage of the project development process (from
planning and design through construction and operation), as well as
provide substantial technical assistance on the processes and
documentation needed for successful project development and delivery.
This guidance is intended for future program administration and does
not apply to this funding solicitation or the application process
described in this notice.
The initial draft of this pending guidance document will be open
for public comment, and FRA will utilize various outreach mechanisms
for soliciting feedback from the HSIPR stakeholder community. FRA
expects to modify the draft guidance document taking into account this
feedback and to eventually issue Final Guidance that will include
standards and guidelines that will be applicable to future funding
opportunities.
Section 2: Award Information
Of the $2.5 billion appropriated by Congress, up to $245 million is
available for individual projects. These grants are authorized under 49
U.S.C. 24406, 49 U.S.C. 24105, and 49 U.S.C. 26106.
Individual grants made under this solicitation are intended to
assist States and other eligible applicants with the capital costs of
improving existing high-speed or intercity passenger rail service. (See
Appendix 1 for the definition of ``high-speed and intercity passenger
rail.'') This financial assistance opportunity is for projects that
involve the following activities:
Final design (FD)/Construction of projects that already
have completed site-specific NEPA documentation (project final
environmental impact statement (EIS), final environmental assessment
(EA) or categorical exclusion (CE) documentation) and completed
preliminary engineering (PE); or
Completion of project NEPA and PE documentation.
Completion of the grant activities should result in all of the
documentation necessary for the project to move into the FD/
Construction stage.
The intent of the Individual Project solicitations is to fund
discrete Individual Projects that result in operational or other
tangible improvements (such as station rehabilitation) benefiting one
or more existing high-speed or intercity passenger rail services.
FRA will make awards for these projects through cooperative
agreements. Cooperative agreements allow for greater Federal
involvement in carrying out the agreed upon investment. The substantial
Federal involvement for these projects will include technical
assistance, review of interim work products, and increased program
oversight. The funding provided under these cooperative agreements will
be made available to grantees on a reimbursable basis.
While there are no predetermined minimum or maximum dollar
thresholds for awards, FRA anticipates making multiple awards from the
maximum $245 million available for Individual Projects. As such, FRA
expects applicants to tailor their applications and proposed project
scopes accordingly. Pursuant to 49 U.S.C. 24402(g)(1), FRA will
establish the net project cost for the scope of work proposed in an
application, based on engineering materials, studies of economic
feasibility, information on the expected use of equipment or
facilities, and other project information provided in an application.
FRA reserves the right to contact applicants with any questions or
comments related to applications.
Section 3: Eligibility Information
Applications under this solicitation will be required to meet
minimum requirements related to applicant eligibility, project
eligibility, and the fulfillment of other eligibility requirements. To
the extent that an application's substance exceeds the minimum
eligibility requirements described below, such information will be
considered in evaluating the merits of an application (see Section 5
for evaluation and selection criteria).
3.1 Eligible Applicants
Eligible applicant entities are as follows:
States (including the District of Columbia);
Groups of States (Sections 301 and 501 of PRIIA);
Interstate compacts (Sections 301 and 501);
Public agencies established by one or more States and
having responsibility for providing intercity passenger rail service
(Section 301) or high-speed passenger rail service (Section 501);
Amtrak (Section 501); and
Amtrak, in cooperation with States (Sections 301 and 302;
see 49 U.S.C. 24402(e) for additional information on Amtrak's
eligibility requirements when applying for grants in cooperation with
States).
3.2 Minimum Qualifications for Applicant Eligibility
An applicant must, in addition to demonstrating that it is an
eligible applicant type for the Individual Project, affirmatively
demonstrate that the applicant has or will have the legal, financial,
and technical capacity to carry out the activities proposed within an
application. A prospective applicant that does not fall within the
definition of a State, group of States, or Amtrak will also be required
to submit documentation (such as copies of legislation) demonstrating
its legal authority to provide intercity or high-speed passenger rail
service on behalf of a State or group of States.
In addition, the applicant must demonstrate that it has or will
have satisfactory continuing control over the use of equipment or
facilities acquired, constructed, or improved by the project and the
capability and willingness to maintain such equipment or facilities.
For an applicant to demonstrate the legal, financial, and technical
capacity to carry out the activities proposed in its application, the
applicant will be required to address the following qualifications:
The applicant's ability to absorb potential cost overruns
or financial shortfalls;
The applicant's experience in effectively administering
grants of similar scope and value (including timely completion of grant
deliverables, compliance with grant conditions, and quality and cost
controls); and
The applicant's experience in managing railroad investment
project development activities of a nature similar to those for which
funding is being requested.
For an applicant to demonstrate that it has or will have
satisfactory continuing control over the use of equipment or facilities
acquired, constructed, or improved by the project, the applicant will
be required to show either:
That the applicant has or will have direct ownership of
the equipment or facilities acquired, constructed, or improved by the
project; or
That the applicant has secured or has made progress
towards securing and will have enforceable contractual agreements
providing satisfactory continuing control in place with the entity or
entities (e.g., one or more railroads, or a local government) that have
or will have direct ownership of such assets.
For an applicant to demonstrate that it has or will have the
capability and willingness to maintain the equipment
[[Page 38367]]
or facilities acquired, constructed, or improved by the project, the
applicant will be required to show:
That it has made progress toward, and will have
contractual agreements in place with, any entity or entities (e.g., one
or more railroads, or a local government) that have or will have direct
ownership of the equipment or facilities acquired, constructed, or
improved by the project, which address financial and operational
responsibility for asset use and maintenance for the useful life of the
asset;
That, to the extent financial responsibility will fall to
the applicant, a viable funding source(s) has been identified to cover
maintenance costs; and
The applicant's experience in maintaining assets with
similar financial and operational maintenance requirements as those
assets for which funding is being requested.
Information and documentation demonstrating the fulfillment of the
minimum qualifications described above must be submitted as part of the
application (see Section 4.2).
3.3 Cost Sharing
3.3.1 Applicant Cost Sharing
The Federal share of the costs of projects funded through this
solicitation shall not exceed 80 percent.
If an applicant chooses the option of contributing, from its own,
its partner project sponsors', or other interested parties' resources,
more than the required 20 percent non-Federal share of the costs of its
proposed project, such additional contributions will be considered in
evaluating the merit of its application.
3.3.2 Requirements for Applicant Cost Sharing
An applicant's contribution toward the cost of its proposed project
may be in the form of cash or, with FRA approval, in-kind contributions
of services or supplies related to the activities proposed for funding.
As part of its application, an applicant offering an in-kind
contribution must provide a documented estimate of the monetary value
of any such contribution and its eligibility under 49 CFR 18.24 or
19.23. However, all in-kind contributions must be allowable,
reasonable, allocable, and in accordance with applicable OMB cost
principles, and must not represent double-counting of costs otherwise
accounted for in an indirect cost rate pursuant to which the applicant
will seek reimbursement.
The applicant must provide, as part of its application,
documentation that demonstrates that it has committed and will be able
to fulfill any required and pledged contribution, including committing
any required financial resources that are budgeted or planned at the
time the application is submitted.
All applicants will be required to identify a viable funding
source(s) at the time of application to absorb any cost overruns and
deliver the proposed project with no Federal funding or financial
assistance beyond that provided in the cooperative agreement.
3.4 Eligible Individual Projects
Eligible Individual Project activities under this funding
announcement include completion of PE/NEPA documentation, final design
(FD), and construction activities. These activities are broken into two
categories for the purpose of this solicitation and the application
process: PE/NEPA completion and FD/Construction activities.
This solicitation will fund activities to advance discrete capital
projects that will result in service benefits or other tangible
improvements on a corridor. Capital projects are defined by 49 U.S.C.
24401(2) and 49 U.S.C. 26106(b)(3) as acquiring, constructing,
improving, or inspecting equipment, track and track structures, or a
facility for use in or for the primary benefit of high-speed and
intercity passenger rail service, expenses incidental to the
acquisition or construction (including designing, engineering, location
surveying, mapping, environmental studies, and acquiring rights-of-
way), payments for the capital portions of rail trackage rights
agreements, highway-rail grade crossing improvements related to high-
speed and intercity passenger rail service, mitigating environmental
impacts, communication and signalization improvements, relocation
assistance, acquiring replacement housing sites, acquiring,
constructing, relocating, and rehabilitating replacement housing,
rehabilitating, remanufacturing, or overhauling rail rolling stock and
facilities used primarily in intercity passenger rail service,
providing access to rolling stock for nonmotorized transportation and
storage capacity in trains for such transportation, equipment, and
other luggage; and the first-dollar liability costs for insurance
related to the provision of intercity passenger rail service under 49
U.S.C. 24404. FRA will not fund activities not included in this
definition nor consider the funding of any such activities in
calculating an applicant's required cost share.
3.4.1 Eligible FD/Construction Activities
FRA intends for grants awarded for FD/Construction activities to
fund the design, construction, and full implementation of projects that
have completed PE/NEPA requirements, as outlined in Section 4.2.5
below.
FRA may consider funding only final design for projects that
represent a critical strategic investment for HSIPR service, are
sufficiently complex and broad in scope, and for which final design
would constitute a substantial step in implementing the project. See
Section 4.2.5 and Appendix 2 for more information on requirements for
demonstrating completion of PE/NEPA and the requirements for Final
Design.
3.4.2 Eligible PE/NEPA Activities
FRA intends for PE/NEPA grants to fund activities that lead
directly to completion of preliminary engineering (PE) and/or project
NEPA and related environmental documentation. See Appendix 2.2 for more
information on NEPA documentation and Appendix 2.3 for more information
on PE materials.
Activities proposed in an application must include all remaining
work needed to fully complete both PE and NEPA documentation to be
eligible for consideration under this solicitation. The PE/NEPA
documents resulting from the grant activities must be sufficiently
developed to support immediate commencement of final design or
construction activities; however, these final design and construction
activities would not be funded as part of the grant award.
3.4.3 Standard and Major Capital Projects
FRA will be distinguishing between ``Standard'' and ``Major''
Capital Projects. As required by PRIIA (49 U.S.C. 24403(a)), and in
keeping with project management approaches in use by other DOT agencies
(e.g., FTA's Project Management Oversight program (49 CFR part 633),
and FHWA's IPD Major Project Delivery Guidance), large, complex capital
projects, designated as ``Major Capital Projects,'' call for a
particularly rigorous approach towards project management and
oversight.
All Individual Projects will be assumed to be Standard Capital
Projects. However, the Administrator may designate an Individual
Project as a Major Capital Project if it is determined that the project
carries more delivery risk and therefore would benefit from a more
rigorous approach toward project management. Individual Major Capital
Projects will typically be those that:
[[Page 38368]]
Involve a recipient whose past experience in managing and
overseeing similar HSIPR projects is limited;
Involve the use of new or unproven technology;
Involve particularly complex institutional relationships
among project stakeholders (e.g., multiple rail freight operators,
intercity and commuter rail passenger operators, infrastructure-owning
railroads, and government agencies); and/or
Are expected to have a total project cost in excess of
$100 million.
3.5 Additional Eligibility Requirements
3.5.1 Project Planning
Individual Projects must be identified through a rational planning
process that analyzes the investment needs and service objectives of
the service that the Individual Project is intended to benefit. This
document may be a Service Development Plan, State Rail Plan, or similar
planning document.
At a minimum, the project planning process must demonstrate that
the project has been identified as the best solution for solving a
specific existing transportation problem, and make the case for
investing in the proposed solution. In doing so, project planning must
encompass activities such as identifying the purpose and need for the
project and analyzing the costs, benefits, and impacts of a range of
alternatives for implementing the project and alternatives to the
project. More information on the objectives and preparation of project
planning is included in Appendix 2.1.
3.5.2 Operational Independence
All projects that are proposed to be advanced using HSIPR program
funding must have operational independence. A project is considered to
have operational independence if, upon being implemented, it will
provide tangible and measurable benefits, even if no additional
investments in the same service are made. Examples of these benefits
include operational reliability improvements, travel-time reductions,
and additional service frequencies resulting in increased ridership.
When applying for funding for PE/NEPA activities, an applicant must
demonstrate that the project will have operational independence were it
to advance to construction and full implementation.
Applications for projects the benefits of which are fully
contingent upon FRA's selection of another application, or which fail
to provide information on the stand-alone benefits of the project, will
not be considered for funding.
3.5.3 Availability of Funds
It is important for awarded projects to be brought promptly to
obligation through execution of a cooperative agreement by the
applicant and FRA and for awarded funds to be expended without delay
and in accordance with the statement of work and project schedules
included in the cooperative agreement. Under 49 U.S.C. 24402(h), if any
amount awarded under the HSIPR program is not obligated within 2 years
of the date on which the award is made, FRA may cancel the award and
redistribute the funds to other HSIPR projects at the FRA
Administrator's sole discretion. Similarly, FRA may require the return
of obligated funds that remain unexpended if the grantee is not making
satisfactory progress in implementing the project or program as
provided for in the cooperative agreement.
3.5.4 Eligibility Restrictions
Pursuant to the provisions of Sections 301, 302, and 501 of PRIIA,
the following activities are ineligible to receive Federal funding
under this solicitation:
Applications submitted by private entities other than
Amtrak;
Projects for which commuter rail passenger transportation
is the primary intended beneficiary (see Appendix 1);
Projects in which the physical improvements are located
outside of the United States; and
Any expenses associated with passenger rail operating
costs.
3.5.5 Funding Restrictions
In general, only those costs considered allowable pursuant to OMB
Circular A-87, ``Cost Principles for State, Local, and Indian Tribal
Governments'' (codified at 2 CFR part 225), will be considered for
funding. Additionally, the following funding restrictions will apply to
cooperative agreements awarded under this solicitation and must be
taken into consideration in the development of budget information
submitted as part of an application:
Funding may not be used to fund expenses associated with
the operation of intercity passenger rail service; and
While there is no cap on a grant recipient's use of grant
funds for management and administrative costs, such costs must be
allowable, reasonable, allocable, and in accordance with applicable OMB
cost principles cited above.
FRA will also consider reimbursement of pre-award costs incurred
after the enactment of the FY 2010 DOT Appropriations Act (December 16,
2009). However, such costs will be considered for reimbursement only to
the extent that they are otherwise allowable under the applicable cost
principles. To the extent such pre-award costs are incurred prior to
the date of submission of an application, the application must show in
detail what costs have been incurred in order for such costs to be
considered for reimbursement. Projects for which construction
activities commenced prior to receipt of an FRA environmental
determination under NEPA will not be eligible for funding.
Additionally, a grant recipient may not generally expend any of the
funds provided in an award on construction or other activities that
represent an irretrievable commitment of resources to a particular
course of action affecting the environment until after all
environmental and historic preservation analyses required by the
National Environmental Policy Act (42 U.S.C. 4332) (NEPA), the National
Historic Preservation Act (16 U.S.C. 470(f)) (NHPA), and related laws
and regulations have been completed and FRA has provided the grant
recipient with a written notice authorizing it to proceed.
3.5.6 Standards for Equipment Procurement or Design Grants
If the applicant is seeking a grant for the procurement or design
of railroad equipment, the proposed equipment should be consistent with
specifications developed by the Next Generation Corridor Equipment Pool
Committee. This Committee was established under Section 305 of PRIIA to
develop a pool of standardized next-generation rail corridor equipment.
Compliance with Section 305 of PRIIA will assist in creating the
economies of scale necessary to achieve the Administration's goal of
developing a sustainable railroad equipment manufacturing base in the
United States, as outlined in the Vision for High-Speed Rail in America
(April 2009). The Next Generation Corridor Equipment Pool Committee
will be issuing specifications for bi-level cars this summer, single-
level cars this winter, and locomotives in 2011.
3.5.7 Positive Train Control (PTC)
If, as a component of an investment intended to benefit high-speed
or intercity passenger rail service, a project involves installation
and/or improvements to railroad signaling/control systems, the
application must demonstrate that the proposed improvements are
consistent with a comprehensive plan for complying with
[[Page 38369]]
the requirements for PTC implementation under Section 104 of the Rail
Safety Improvement Act of 2008 (``RSIA,'' Division A of Pub. L. 110-
432, October 16, 2008, codified at 49 U.S.C. 20157) and with FRA's
final rule on Positive Train Control Systems published in the Federal
Register on January 15, 2010 (75 FR 2598).
Section 4: Application and Submission Information
4.1 Application Procedures
4.1.1 Applying Online Through GrantSolutions
FRA participates in the Grants Management Line of Business (GMLoB)
E-Gov initiative. As part of that initiative, FRA uses the
Administration for Children and Families' (ACF) GrantSolutions (GS)
Grants Management System. All applications must be submitted to FRA
through GrantSolutions. To access the system, go to https://www.grantsolutions.gov. Should an applicant encounter difficulties
accessing using GS, please contact the GrantSolutions Help Desk at 1-
866-577-0771 or via email at help@grantsolutions.gov. Applicants must
complete the following three steps prior to submitting an application
through GS:
Register in GS. Go to https://www.grantsolutions.gov and
select ``Register'' on the right side of the page. Applicants should
begin the process immediately to meet the application submission
deadlines.
Obtain a Data Universal Number System (DUNS) number. All
applicants must include a DUNS number in their application.
Applications without a DUNS number are incomplete. A DUNS number is a
unique nine-digit number recognized as the universal standard for
identifying and keeping track of entities receiving Federal funds. The
identifier is used for tracking purposes and to validate address and
point of contact information for Federal assistance applicants,
recipients and subrecipients. The DUNS number will be used throughout
the grant lifecycle. Obtaining a DUNS number is a free, simple, one-
time activity. Obtain a number by calling 1-866-705-5177 or by applying
online at https://fedgov.dnb.com/webform/displayHomePage.do.
Register in the Central Contractor Registration (CCR)
database. FRA also requires that all applicants (other than
individuals) for Federal financial assistance maintain current
registrations in the CCR database. The CCR database is the repository
for standard information about Federal financial assistance applicants,
recipients and subrecipients. Organizations that have previously
submitted applications via https://www.grants.gov or GrantSolutions
should already be registered with CCR. Please note, however, that
applicants must update or renew their CCR registration at least once
per year to maintain an active status. Information about registration
procedures can be accessed at https://www.ccr.gov.
Standard OMB forms (identified in Section 4.2.3) will be available
electronically on the Funding Opportunity page at https://
www.GrantSolutions.gov. The Funding Opportunity screen provides
applicants with general announcement information and access to all
application kit materials in order to view and print application forms
and information. In addition, applicants can apply online through this
screen.
Program-specific forms (identified in Sections 4.2.1, 4.2.2, and
4.2.4) may be downloaded from FRA's Web site at https://www.fra.dot.gov/Pages/477.shtml.
4.1.2 Address to Request Paper Application Package
If Internet access is unavailable, please write to FRA at the
address below to request a paper application.
U.S. Department of Transportation, Federal Railroad Administration,
Attn: HSIPR Program Information (RPD-10), Mail Stop 20, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
4.2 Application Package
Required documents for the application package vary by type of
grant activity, as summarized in the checklist below.
Application Checklist
----------------------------------------------------------------------------------------------------------------
Grant activity
---------------------------
Documents Format FD/
Construction PE/ NEPA
----------------------------------------------------------------------------------------------------------------
1. Application Forms
----------------------------------------------------------------------------------------------------------------
[ballot] HSIPR Individual Project Application Form.............................. [check] ............
Form--FD/Construction.
[ballot] HSIPR Individual Project Application Form.............................. ............ [check]
Form--PE/NEPA.
----------------------------------------------------------------------------------------------------------------
2. Budget and Schedule Form
----------------------------------------------------------------------------------------------------------------
[ballot] HSIPR Individual Project Budget and Form.............................. [check] ............
Schedule Form.
----------------------------------------------------------------------------------------------------------------
3. OMB Standard Forms
----------------------------------------------------------------------------------------------------------------
[ballot] SF 424: Application for Federal Form.............................. [check] [check]
Assistance.
[ballot] SF 424A: Budget Information-Non Form.............................. * [check]
Construction.
[ballot] SF 424B: Assurances-Non Construction... Form.............................. * [check]
[ballot] SF 424C: Budget Information- Form.............................. [check] ** ............
Construction.
[ballot] SF 424D: Assurances-Construction....... Form.............................. [check] ** ............
----------------------------------------------------------------------------------------------------------------
4. FRA Assurances Document
----------------------------------------------------------------------------------------------------------------
[ballot] FRA Assurances Document................ Form.............................. [check] [check]
----------------------------------------------------------------------------------------------------------------
5. Project Development Supporting Documentation
----------------------------------------------------------------------------------------------------------------
[ballot] Project Planning Documentation......... No Specified Format............... [check] [check]
[ballot] Preliminary Engineering (PE) No Specified Format............... [check] ............
Documentation.
[ballot] NEPA Documentation..................... No Specified Format............... [check] ............
----------------------------------------------------------------------------------------------------------------
[[Page 38370]]
6. Project Delivery Supporting Documentation
----------------------------------------------------------------------------------------------------------------
[ballot] Project Management Documentation....... No Specified Format............... [check] [check]
[ballot] Financial Planning Documentation....... No Specified Format............... [check] [check]
[ballot] System Safety Plan..................... No Specified Format............... [check] ............
[ballot] Railroad and Project Sponsor Agreements No Specified Format............... [check] [check]
----------------------------------------------------------------------------------------------------------------
7. Optional Supporting Documentation
----------------------------------------------------------------------------------------------------------------
[ballot] Other Relevant and Available n/a............................... Optional Optional
Documentation.
----------------------------------------------------------------------------------------------------------------
* These documents are required for FD/Construction projects that include investments that are not construction
activities.
** These documents are not required for FD/Construction applications that only include investments that are not
construction activities.
Applicants must complete and submit all components of the
application package as required by grant activity; failure to do so may
result in the application being removed from consideration for award.
All components of the application package must be submitted through
GrantSolutions (including optional supporting documentation), as
described in Section 4.1.1.
The application package for HSIPR Individual Projects contains
seven components:
1. HSIPR Individual Project Application Form (varies by project
type) (see Section 4.2.1)
2. HSIPR Individual Project Budget and Schedule Form (see Section
4.2.2)
3. OMB Standard Forms (vary by project type) (see Section 4.2.3)
4. FRA Assurances Document (see Section 4.2.4)
5. Project Development Supporting Documentation (see Section 4.2.5)
6. Project Delivery Supporting Documentation (see Section 4.2.6)
7. Optional Supporting Documentation (see Section 4.2.7)
For any other documentation required prior to award that is not
specified in this notice, FRA will make individual arrangements with
applicants for the submission of the required documentation.
4.2.1 HSIPR Individual Project Application Forms
Applicants applying for funding for PE/NEPA completion must
complete the HSIPR Individual Project--PE/NEPA Application Form;
applicants applying for funding for FD/Construction activities should
complete the HSIPR Individual Project--FD/Construction Application
Form.
The Application Forms include fields that have been developed by
FRA to capture pertinent qualitative and quantitative project-specific
information that is needed for FRA to confirm applicant and project
eligibility, as well as information needed for evaluation and selection
of applications. Both Application Forms request three types of
information:
1. General applicant and project information;
2. Narratives that allow the applicant to make arguments for the
benefits of the proposed project or underlying project and other
factors that are used to evaluate the merits of the application (see
Section 5.2 for evaluation criteria); and
3. A Statement of Work (SOW)--scope, schedule, and budget--that
provides a description of the work that will be completed under the
cooperative agreement, including the objectives, deliverables,
milestones, project management information, and a budget broken down by
deliverables and milestones that includes the assumptions used to
develop the estimates. See Appendix 3 of this solicitation for more
information on preparing project budgets.
4.2.2 HSIPR Individual Project Budget and Schedule Form
The HSIPR Individual Project Budget and Schedule Form is a
Microsoft Excel document that supports the qualitative and quantitative
claims made in the applicant's HSIPR Individual Project Application
Form. In addition to capturing detailed project budget and schedule
information, the form also describes the standard cost categories
developed by FRA to assist in evaluating and selecting projects.
4.2.3 OMB Standard Forms
The Standard Forms are developed by the Office of Management and
Budget (OMB) and are required of all grant applicants. While all
applicants must submit Standard Forms with their application materials,
the specific forms required vary by grant activity.
Applicants applying for funding for FD/Construction activities
(except for projects that do not include construction activities)
should submit the following forms electronically through
GrantSolutions:
Standard Form 424: Application for Federal Assistance;
Standard Form 424C: Budget Information--Construction
Programs; and
Standard Form 424D: Assurances--Construction Programs.
Applicants applying for funding for PE/NEPA completion or for FD/
Construction activities that do not include construction activities
should submit the following forms electronically through
GrantSolutions:
Standard Form 424: Application for Federal Assistance;
Standard Form 424A: Budget Information--Non-Construction
Programs; and
Standard Form 424B: Assurances--Non-Construction Programs.
4.2.4 FRA Assurances Document
The FRA Assurances document contains standard Department
certifications on grantee suspension and debarment, drug-free workplace
requirements, and Federal lobbying. The FRA Assurances document can be
obtained from FRA's Web site at https://www.fra.dot.gov/downloads/admin/assurancesandcertifications.pdf. The document should be signed by an
authorized certifying official for the applicant, scanned into
electronic format, and submitted through GrantSolutions.
4.2.5 Project Development Supporting Documentation
The project development documentation below focuses on the physical
attributes of a project and its
[[Page 38371]]
anticipated outcomes and varies by the type of activity for which
funding is being sought. These materials must demonstrate that the
project has completed the specified prerequisites for the project's
prior phases of development, and is ready to progress to the next phase
of development.
Project Planning Documentation--
[cir] All projects: Applicants should provide documents that
identifies the proposed project as an outcome of a rational planning
process, demonstrates that the project has been identified as the best
solution for solving a specific existing transportation problem, and
makes the case for investing in the proposed solution. This document
may be a Service Development Plan, State Rail Plan, or other project
planning document. At a minimum, the project planning process must
demonstrate that the project has been identified as the best solution
for solving a specific existing transportation problem and make the
case for investing in the proposed solution. In doing so, project
planning must encompass activities such as identifying the purpose and
need for the project and analyzing the costs, benefits, and impacts of
a range of alternatives for implementing the project and alternatives
to the project. FRA recognizes that a variety of formats and types of
information may meet the objectives described above. Applications that
do not demonstrate fulfillment of these objectives may be determined by
FRA to be not ready for consideration and evaluation. See Appendix 2.1
for additional information and suggested content for project planning
documentation that satisfies the objectives above.
Preliminary Engineering (PE) Documentation--
[cir] FD/Construction projects: Applicants should provide
documents that demonstrate completion of PE (or Final Design, if
completed) for the proposed project. PE refines project plans and
conceptual designs in order to identify the specific design alternative
that can assure delivery of project objectives. At a minimum, PE
documentation must demonstrate fully (1) the construction and
operational feasibility of the project, (2) a level of project design,
cost estimates, and schedules sufficient to advance immediately into
full implementation, e.g., through a ``design-build'' contract, and, as
applicable, (3) identification of service operation outcomes sufficient
to support agreements with other parties (e.g., railroads) needed to
deliver those benefits.
[cir] PE/NEPA projects: Applicants should provide any documents
that demonstrate the PE status, if begun, of the proposed project.
See Appendix 2.3 for additional information on Preliminary
Engineering.
National Environmental Policy Act (NEPA) Documentation--
[cir] FD/Construction projects: Applicants must provide documents
(e.g., a Categorical Exclusion (CE) worksheet, a completed
Environmental Assessment (EA), or a completed Final Environmental
Impact Statement (FEIS)) that demonstrate completion of the NEPA
process for the proposed project (either submitted with the application
package or referenced through an accurate URL). Any NEPA documentation
submitted must be approved by the responsible state agency as
sufficient and complete. While a project NEPA determination (a Record
of Decision, Finding of No Significant Impact, or CE determination) is
not required at the time of application submission, this determination
must be issued by FRA prior to award of a construction grant and
commencement of any construction activities related to the project. FRA
will not consider for an award any project that is not supported by an
adequate and appropriate NEPA document.
[cir] PE/NEPA projects: Applicants should provide any documents
that demonstrate the status of NEPA documentation, if begun, of the
proposed project.
NEPA requirements are detailed in Appendix 2.2 of this
solicitation.
4.2.6 Project Delivery Supporting Documentation
Project delivery documentation of the types described below focuses
on the implementation of the project and how the risks and
uncertainties associated with the project will be managed.
FRA recognizes that a variety of formats and types of information
may meet the objectives described below. Applications that do not
demonstrate fulfillment of these objectives may be determined by FRA to
be not ready for consideration and evaluation.
Project Management Documentation--Project management
documentation serves as a summary of the applicant's approach toward
the planning, monitoring, and implementation of a project. While this
documentation may reference outputs of the project development process
(such as scope and design specifications, cost estimates, and project
schedules), this documentation should stand on its own as the primary
source of information related to an applicant's plan for project
implementation. At a minimum, an application must demonstrate that the
applicant's management procedures and organization give it the legal,
financial, and technical capability and capacity to carry out
successfully the activities for which funding is being sought (e.g.,
PE/NEPA or FD/Construction activities), as well as identification of
accountable individuals or key positions.
Financial Planning Documentation--Financial planning
documentation addresses the applicant's approach toward managing the
financial resources necessary to deliver the project. At a minimum, the
financial planning documentation for Individual Projects must include
the following:
[cir] Documentation of the applicant's legal and other necessary
authority to accept and spend Federal and non-Federal funds for the
project;
[cir] Information describing the recent and forecasted financial
condition and health of the applicant and other key partners that are
anticipated to provide funding for the project;
[cir] Documentation demonstrating that any non-HSIPR program
funding necessary to complete an application's proposed activities has
been, or is reasonably expected to be, committed;
[cir] Description of the risks associated with project financing
(e.g., any uncertainty regarding funding commitments and the potential
for unanticipated cost overruns) and of the approach to managing those
risks;
[cir] A cash flow forecast showing the individual sources and uses
of all project funding (preferably by quarter); and
[cir] Documentation demonstrating that the HSIPR service that is
intended to benefit from the project will remain operationally and
financially viable throughout the anticipated life of the project
improvements (e.g., State operating support to make up any deficits).
Financial planning documentation accompanying a PE/NEPA application
must only address the PE/NEPA phase of the project's development, not
the future final design and construction activities of the underlying
project.
System Safety Plan--A System Safety Plan (SSP) must be
submitted that demonstrates that the project's design, implementation,
and operation will comply with all applicable FRA safety requirements
and will be performed in a manner that places safety as the highest
priority. In general, the length, detail, and complexity of the SSP
will depend significantly on the size and complexity of the project.
For relatively simple Individual Construction Projects, the SSP may be
very limited, describing the project
[[Page 38372]]
design's compliance with specific safety regulations, and providing
reference to procedures that will be followed for ensuring the
project's safe implementation. As applicable, the preparation of the
SSP should be closely coordinated with, and may draw content from,
documentation prepared by the applicant to satisfy requirements of the
FRA Office of Railroad Safety, especially the guidelines for an APTA/
FRA System Safety Program Plan, the FRA guidelines for collision hazard
analysis, and any subsequent FRA regulations currently being developed
requiring System Safety Plans. Prior to FRA issuing a cooperative
agreement for an Individual Project, an applicant must complete a
System Security Plan. Neither a System Safety Plan nor System Security
Plan is required for a PE/NEPA application.
Railroad and Project Sponsor Agreements--Although the
implementation of a HSIPR Individual Project will generally require the
development of numerous agreements of varying complexity between the
parties involved with and affected by the project, two categories of
agreement represent key elements of project delivery: (1) Agreements
between the project sponsor(s) and the railroad(s) that own the
infrastructure and that operate the service, and (2) agreements between
multiple project sponsors, for projects that cross jurisdictional
boundaries and/or involve subrecipients. Agreements with these key
project stakeholders should be appropriate for the phase of development
the project has reached:
[cir] FD/Construction applications: Applications for FD/
Construction activities must include, at a minimum, agreements in
principle with railroads that own any infrastructure to be improved as
part of the project and the operator of the HSIPR service(s) that will
benefit from the project. Agreements in principle must demonstrate the
railroads' commitment to taking all steps within their control to
ensure the achievement of the public benefits (and particularly all
operational benefits) of the Individual Project that are described in
the application. Such agreements in principle should be structured so
as to be able serve as the basis for future contractual agreements
through which the railroads' cooperation in achieving the public
benefits may be enforced by the project sponsor.
[cir] PE/NEPA applications: Prior to commencement of PE/NEPA
activities, project sponsors must reach agreements in principle with
all involved railroads (whether operators or infrastructure owners)
that address the following three topics in detail (as applicable):
1. Concurrence with the suitability of the identified project
alternative to fulfill the purpose and need of the project;
2. Participation in the refinement of project designs, cost
estimates, and schedules; and
3. Site access to support the completion of project NEPA.
[cir] For any project (FD/Construction or PE/NEPA) that has
multiple potential grantees or project sponsors, the application must
include a Project Sponsor Agreement executed among all of the parties
involved that establishes the relationships between these entities and
that identifies a single legal Grantee who will be responsible to and
serve as the primary point of contact for FRA.
4.2.7 Optional Supporting Documentation
Other Relevant and Available Documentation--To support the
application package, FRA welcomes the submission of other relevant and
available supporting documentation that may have been developed by the
applicant. The format and structure of any optional supporting
documents is at the discretion of the applicant. Optional supporting
documentation may be provided one of two ways: (1) As attachments to
the application, or (2) in hard copy to the address in Section 4.5 for
materials that cannot otherwise be provided electronically. Applicants
should provide notifications of any documentation being submitted in
hard copy in the appropriate section of the Application Form.
4.3 Submission Date and Time
Applications for these funds must be submitted through
GrantSolutions by 5 p.m. EDT, August 6, 2010.
4.4 Intergovernmental Review
This program has not been designated as subject to Executive Order
12372 pursuant to 49 CFR part 17.
4.5 Other Submission Information
As detailed in Section 4.1.1, all application materials, including
supporting documentation, should be submitted through GrantSolutions.
Should an applicant encounter technical difficulties using the
GrantSolutions system, please contact the GrantSolutions Help Desk at
1-866-577-0771 or via email at help@grantsolutions.gov. If the
applicant experiences technical issues that may cause the applicant to
miss the application deadline, the applicant must contact FRA at
HSIPR@dot.gov immediately to request consideration to submit the
application after the deadline. FRA staff may ask the applicant to
email the complete grant application, the DUNS number, and provide a
GrantSolutions Customer Support tracking number(s). After FRA reviews
all of the information submitted and contacts the GrantSolutions
Customer Support to validate the technical issues reported, FRA will
contact the applicant to either approve or deny the request to submit a
late application. If the technical issues reported cannot be validated,
the application may be rejected as untimely. For applications submitted
by email, the applicant should print, sign, scan into electronic format
(preferably Adobe Portable Document Format (.pdf)), and attach to the
submission email copies of all application forms requiring the
applicant's signature.
For optional supporting documentation that an applicant is unable
to submit electronically (such as oversized engineering drawings), an
applicant may submit an original and two copies to the address below.
However, due to delays caused by enhanced screening of mail delivered
via the U.S. Postal Service, applicants are advised to use other means
of conveyance (such as courier service) to assure timely receipt of
materials.
U.S. Department of Transportation, Federal Railroad Administration,
Attn: HSIPR Program Information (RPD-10) Room 38-302, Mail Stop 20,
1200 New Jersey Avenue, SE., Washington, DC 20590.
Section 5: Application Review Information
5.1 Review and Selection Process
Complete applications are due by 5 p.m. EDT, August 6, 2010.
Applications will proceed through a three-step process:
1. Screening for completeness and eligibility (requirements
outlined above in Section 3);
2. Review of each eligible application individually by a technical
panel applying ``evaluation criteria;'' and
3. Final review of all eligible applications collectively and
selection by the FRA Administrator applying ``selection criteria.''
All applications will first be screened for completeness and
applicant and project eligibility. Applications determined to be both
complete and eligible will be referred to a technical panel consisting
of subject-matter experts for an evaluation review. The panels will be
comprised of professional
[[Page 38373]]
staff employed by FRA and other DOT modal administrations, as
appropriate.
Applications will be individually reviewed and assessed against the
evaluation criteria outlined in Section 5.2. For each of the criteria,
the panel will assign a rating of zero to three points, based on the
application's fulfillment of the objectives of each criterion. These
individual criterion ratings will then be combined according to
priority of criteria to arrive at an overall rating for the
application.
The evaluation criteria, ranked in order of priority, are:
1. Public Benefits/Project Delivery Approach
2. Sustainability of Benefits
In addition to the ratings assigned by the technical evaluation
panels, the FRA Administrator may take into account several cross-
cutting and comparative selection criteria to determine awards. The
Administrator will review the preliminary results to ensure that the
scoring has been applied consistently and that the collective results
meet several key priorities essential to the success and sustainability
of the program (see Section 5.3). The five selection criteria are:
1. Fulfillment of DOT Strategic Goals
2. Region/Location
3. Innovation/Resource Development
4. Partnerships/Participation
5. Prior Federal Funding and State Investments
For applications for funding for FD/Construction activities, the
evaluation and selection criteria will be applied to the proposed
projects. For applications for funding for PE/NEPA completion, the
evaluation and selection criteria will be applied to the underlying
projects that will be the subject of PE/NEPA development, except where
explicitly indicated.
In accordance with 49 U.S.C. 24402(c), FRA may also consider
``other relevant factors as determined by the Secretary'' of
Transportation, in addition to the evaluation and selection criteria
described below.
5.2 Evaluation Criteria
Careful economic analysis that quantifies and demonstrates the
monetary value of user benefits and, if available, public benefits will
be particularly relevant to FRA in evaluating applications. The
systematic process of comparing expected benefits and costs helps
decision-makers organize information about, and evaluate trade-offs
between, alternative transportation investments. FRA will consider
benefits and costs using standard data provided by applicants and will
evaluate applications in a manner consistent with Executive Order
12893, Principles for Federal Infrastructure Investments, 59 FR 4233
(January 31, 1994).
5.2.1 Public Benefits
Evaluation against this criterion will consider the qualitative
factors outlined below, as supported by key quantitative metrics.
Applicants must determine and identify service outcomes to quantify the
anticipated benefits of the project (or underlying project for PE/NEPA)
proposed in an application.
5.2.1.1 Transportation Benefits
Each application will be assessed based on its demonstration of the
potential of the proposed project or underlying project to achieve
transportation benefits in a cost-effective manner. Factors to be
considered in assigning a rating include the contribution the proposed
project would make to:
Supporting the development of intercity high-speed rail
service;
Generating improvements to existing high-speed and
intercity passenger rail service, as reflected by estimated increases
in ridership (as measured in passenger-miles), increases in operational
reliability (as measured in reductions in delays), reductions in trip
times, additional service frequencies to meet anticipated or existing
demand, and other related factors;
Generating cross-modal benefits, including anticipated
favorable impacts on air or highway traffic congestion, capacity, or
safety, and cost avoidance or deferral of planned investments in
aviation and highway systems;
Creating an integrated high-speed and intercity passenger
rail network, including integration with existing intercity passenger
rail services, allowance for and support of future network expansion,
and promotion of technical interoperability and standardization
(including standardizing operations, equipment, and signaling);
Encouragement of intermodal connectivity and integration
through provision of direct, efficient transfers among intercity
transportation and local transit networks at train stations, including
connections at airports, bus terminals, subway stations, ferry ports,
and other modes of transportation;
Enhancing intercity travel options;
Ensuring a state of good repair of key intercity passenger
rail assets;
Promoting standardized rolling stock, signaling,
communications, and power equipment;
Improved freight or commuter rail operations, in relation
to proportional cost-sharing (including donated property) by those
other benefiting rail users;
Equitable financial participation in the project's
financing, including, but not limited to, consideration of donated
property interests or services; financial contributions by freight and
commuter rail carriers commensurate with the benefit expected to their
operations; and financial commitments from host railroads, non-Federal
governmental entities, nongovernmental entities, and others;
Encouragement of the implementation of positive train
control (PTC) technologies (with the understanding that 49 U.S.C. 20147
requires all Class I railroads and entities that provide regularly
scheduled intercity or commuter rail passenger services to fully
institute interoperable PTC systems by December 31, 2015); and
Incorporating private investment in the financing of
capital projects or service operations.
5.2.1.2 Other Public Benefits
Each application will be assessed based on its demonstration of the
potential of the proposed project or underlying project to achieve
other public benefits in a cost-effective manner. Factors to be
considered in assigning a rating will include the contribution the
proposed project (or underlying project for PE/NEPA) would make to:
Environmental quality and energy efficiency and reduction
in dependence on foreign oil, including use of renewable energy
sources, energy savings from traffic diversions from other modes,
employment of green building and manufacturing methods, reductions in
key emissions types, and the purchase and use of environmentally
sensitive, fuel-efficient, and cost-effective passenger rail equipment;
Promoting interconnected livable communities, including
complementing local or state efforts to concentrate higher-density,
mixed-use, development in areas proximate to multi-modal transportation
options (including intercity passenger rail stations);
Improving historic transportation facilities; and
Creating jobs and stimulating the economy. Although this
solicitation is not funded by the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5), these goals remain a top priority of
this Administration. Therefore, Individual Project
[[Page 38374]]
applications will be evaluated on the extent to which the project is
expected to quickly create and preserve jobs and stimulate rapid
increases in economic activity, particularly jobs and activity that
benefit economically distressed areas, as defined by section 301 of the
Public Works and Economic Development Act of 1965, as amended (42
U.S.C. 3161) (``Economically Distressed Areas'').
5.2.2 Project Delivery Approach
Each application will be assessed to determine the risk associated
with the project's delivery within budget, on time, and as designed.
Evaluation against this criterion will consider the factors outlined
below, which take into account the thoroughness and quality of the
supporting documentation submitted with the application. For
applications to complete PE/NEPA documentation, the following factors
will be applied to the proposed PE/NEPA development activities rather
than to the underlying project. Factors to be considered in assigning a
rating will include:
The applicant's financial, legal, and technical capacity
to implement the project, including whether the application depends
upon receipt of any waiver(s) of Federal railroad safety regulations
that have not been obtained;
The applicant's experience in administering similar grants
and projects, including a demonstrated ability to deliver on prior FRA
financial assistance programs;
The soundness and thoroughness of the cost methodologies,
assumptions, and estimates for the proposed project;
The reasonableness of the schedule for project
implementation;
The thoroughness and quality of project management
documentation;
The timing and amount of the project's future noncommitted
investments;
The overall completeness and quality of the application,
including the comprehensiveness of its supporting documentation;
The readiness of the pr