Regional Infrastructure Accelerators Demonstration Program, 86983-86990 [2020-28284]

Agencies

• DEPARTMENT OF TRANSPORTATION
• Office of the Secretary

[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Notices]
[Pages 86983-86990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28284]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Regional Infrastructure Accelerators Demonstration Program

AGENCY: Build America Bureau, U.S. Department of Transportation (DOT).

ACTION: Notice of funding opportunity (NOFO).

-----------------------------------------------------------------------

SUMMARY: The Fixing America's Surface Transportation (FAST) Act, 
enacted in December 2015, authorized the establishment of a Regional 
Infrastructure Accelerators Demonstration Program (the Program) to 
assist entities in developing improved infrastructure priorities and 
financing strategies for the accelerated development of a project that 
is eligible for funding under the Transportation Infrastructure Finance 
and Innovation Act (TIFIA) Program under Chapter 6 of Title 23, United 
States Code. The Further Consolidated Appropriations Act, 2020, enacted 
on December 20, 2019, appropriated $5 million for this Program.

SUPPLEMENTARY INFORMATION: The Build America Bureau (Bureau) is issuing 
this NOFO to implement the Program and solicit applications for 
designating and funding Regional Infrastructure Accelerators (RIA) that 
will: (1) Serve a defined geographic area; (2) act as a resource to 
qualified entities in the geographic area in accordance with Section 
1441 of the FAST Act; and (3) demonstrate the effectiveness of an RIA 
to expedite the delivery of eligible projects through the TIFIA credit 
program and, to the extent applicable, the Railroad Rehabilitation and 
Improvement Financing (RRIF) credit program, Private Activity Bonds 
(PABs) and other innovative financing methods.
    Each section of this notice contains information and instructions 
relevant to the application process for the RIA grants. All applicants 
should read this notice in its entirety so that they have the 
information they need to submit eligible and competitive applications.

Table of Contents

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

A. Program Description

    1. Background: The Bureau is responsible for driving transportation

[[Page 86984]]

infrastructure development projects in the United States through 
innovative financing programs. Its mission is to provide access to the 
Bureau's credit programs in a streamlined, expedient, and transparent 
manner. In accomplishing its mission, the Bureau also provides 
technical assistance and encourages innovative best practices in 
project planning, financing, delivery, and monitoring. The Bureau draws 
upon the full resources of DOT to best utilize the expertise of DOT's 
Operating Administrations while promoting a culture of innovation and 
customer service. Section 1441 of the FAST Act \1\ provided the 
authority to establish the Program, and the Consolidated Appropriations 
Act, 2020,\2\ appropriated $5 million to fund the Program. The intent 
of this Program is to demonstrate and evaluate the viability and 
effectiveness of a small number of accelerators in expediting the 
development and delivery of specific transportation projects within the 
geographic area of each RIA designated by the Bureau. It is not the 
Bureau's intention to provide RIA coverage nationwide. However, the 
Bureau is keenly interested in testing several RIA models to address 
needs based on common transportation infrastructure make-up and 
challenges within regions, particularly those with less capacity or 
experience in innovative financing and project delivery methods, and 
those supporting eligible entities that are likely to be first time 
users of the Bureau's credit programs, such as the TIFIA credit 
program. Therefore, the Bureau plans to select approximately three, but 
not more than five, RIAs based on proposals submitted by eligible 
applicants in response to this notice. Ideally, at least one State/
multi-State application, one urban application, and one rurally focused 
application will be selected. However, flexibility exists to consider 
other proposed geographic configurations if the regional make-up is 
sound. For example, the Bureau would consider an RIA that has a 
corridor focus that does not entirely fit within one of the categories 
outlined in Regional Designation as follows:
---------------------------------------------------------------------------

    \1\ Public Law 114-94, 129 Stat. 1312, 1435.
    \2\ Public Law 116-94, div. H, tit. I, H.R. 1865 at 413 (as 
enrolled December 20, 2019).
---------------------------------------------------------------------------

    2. Regional Designation: For the purpose of this Program, the 
Bureau will consider regional designation as broadly defined in the 
following categories:
    a. State or Multi-State: An RIA that serves one State or a group of 
State entities with common interest in transportation projects being 
delivered.
    b. Urban or Metropolitan Planning Organization (MPO): An RIA that 
serves local government or group of local jurisdictions with 
transportation functions within a metropolitan area. For the purpose of 
this Program, if the RIA serves MPOs sharing State boundaries, it would 
be considered under this category.
    c. Rural: An RIA that serves a region of rural communities as 
defined in this notice. An RIA serving multiple rural communities 
across state lines would be considered under this category. To be 
considered a rural RIA, most of the projects listed in the proposal 
must meet the definition of rural in Section C.5 of this notice.
    d. Other: Any proposal that includes multiple jurisdictions with 
shared priorities and interest, such as a river basin, transportation 
corridor, etc.
    3. Program Goals: The primary intent for the RIAs is to provide 
project-specific technical assistance for projects that are eligible 
for the TIFIA credit program. In addition, the Bureau is interested in 
identifying RIAs that can facilitate the acceleration of projects that 
are eligible for credit assistance through the RRIF credit program and 
PABs. This assistance can be in the form of any of the following, based 
on the needs of the project(s) that the applicant proposes to assist:
    a. Project planning;
    b. Studies and analysis, including feasibility, market analysis, 
project costs, cost-benefit analysis, value for money, public benefit, 
economic assessments, and environmental reviews;
    c. Revenue forecasting, funding and financing options analyses, 
application of best practices, innovative financing/procurement, and 
public-private partnerships, where appropriate;
    d. Preliminary engineering and design work;
    e. Statutory and regulatory framework analyses;
    f. Evaluation of opportunities for private financing, project 
bundling and/or phasing;
    g. Enhancement of rural project sponsors' capacity to use the TIFIA 
credit program and to the extent applicable, the RRIF credit program, 
PABs, and other innovative financing methods, helping to bundle 
projects across multiple smaller jurisdictions to create a project at a 
scale that is more appropriate for the Bureau's credit assistance, and 
pool the jurisdictions' resources to apply for TIFIA credit assistance 
and, to the extent applicable, RRIF credit assistance and PABs, as well 
as leveraging DOT's Rural Opportunities to Use Transportation for 
Economic Success (ROUTES) Initiatives' \3\ products and offerings; and
---------------------------------------------------------------------------

    \3\ https://www.transportation.gov/rural.
---------------------------------------------------------------------------

    h. Other direct, project-specific support as appropriate.
    Funding, in the form of and pursuant to a cooperative agreement, 
will be provided for a single year, with an option for a second year 
for RIA that meet or exceed agreed-upon performance targets. 
Competitive proposals that demonstrate long-term self-sustainability 
will be given greater consideration. The Bureau intends to work closely 
with grant recipients in developing and, as applicable, financing 
projects within the RIA's geographic area.

B. Federal Award Information

    1. The Bureau hereby requests applications from all interested 
parties to result in the award of several cooperative agreements, each 
containing substantial involvement on the part of the Federal 
government in accordance with Section 6305 of title 31, United States 
Code. The Bureau anticipates substantial Federal involvement between it 
and the recipient during this project will include among others:
    a. Technical assistance and guidance to the recipients;
    b. Close monitoring of performance;
    c. Involvement in technical decisions; and
    d. Participation in status meetings including kick off meeting and 
annual technical and budget reviews.
    2. Total amount of funding that the Bureau expects to award under 
this notice is $5 million.
    3. The Bureau will conduct the RIA selection based on principles of 
full and open competition.
    4. Program Funding and Awards:
    a. Number of Awards: The Bureau intends to select at least three 
but no more than five RIAs, based on the number and viability of 
applications.
    b. Size of Award: A total of $5 million is available for this 
demonstration program. The size of individual awards will be determined 
by the number of RIAs selected and the funding needed for each to meet 
the program objectives.
    5. Funding Period: The Bureau intends to award funds on a yearly 
basis for a period of two years under a cooperative agreement with the 
second year as an option year. A third option year of funding may be 
provided if the RIA is achieving agreed-upon performance objectives, 
subject to the availability of funds.

C. Eligibility Information

    1. Eligible Applicants: To be selected as an RIA, an applicant must 
be an

[[Page 86985]]

eligible applicant. An eligible applicant is: A U.S. public entity, 
including a state, multi-state or multi-jurisdictional group, 
municipality, county, a special purpose district or public authority 
with a transportation function including a port authority, a tribal 
government or consortium of tribal governments, MPO, regional 
transportation planning organization (RTPO), Regional Transportation 
Commission, or a political subdivision of a State or local government, 
or combination of two or more of the foregoing.
    In the event that more than one public entity is applying in a 
single proposal, one of the entities must be designated as the lead 
applicant. Such applicant will be authorized to negotiate and enter 
into a cooperative agreement with the Government on behalf of the 
entities, will be responsible for performance, and will be accountable 
for Federal funds. Applications will be accepted from a partnership 
between one or more eligible applicants and another U.S. party, such as 
a private entity, consulting or engineering firms, etc., as long as one 
of the eligible public entities is designated as the lead applicant and 
that entity will enter into the cooperative agreement, with the shared 
goal of establishing and operating the RIA. The location of all RIA 
application parties, their entire jurisdictions and all proposed 
projects must be located solely in the United States and its 
territories. Proposed projects and project sponsors (prospective 
borrowers) must meet the eligibility requirements for TIFIA and RRIF 
credit assistance as further defined in Chapter 3 of the Bureau's 
Credit Program Guide (https://www.transportation.gov/sites/buildamerica.dot.gov/files/2019-08/Bureau%20Credit%20Programs%20Guide_March_2017.pdf#page=29). In 
addition, the Bureau will consider the extent to which an applicant 
demonstrates the capacity to accelerate projects eligible for the TIFIA 
credit program and, to the extent applicable, the (RRIF) credit program 
and (PABs).
    2. Cost sharing or Matching: There is no requirement for cost 
sharing or matching the grant funds.
    3. Other: For the purposes of this program, the following terms 
apply:
    a. Rural Infrastructure Project: Consistent with the definition of 
``rural infrastructure project'' for the TIFIA credit program, 
``rural'' for the purposes of this notice is defined as a surface 
transportation infrastructure project located outside of an urbanized 
area with a population greater than 150,000 individuals, as determined 
by the Bureau of the Census.
    b. A proposed region whose geographic authority is in both an urban 
and a rural area will be designated as urban if the majority of the 
projects listed in the proposal are located in urban areas. Conversely, 
a proposed region located in both an urban area and a rural area will 
be designated as rural if the majority of the projects listed in the 
proposal are in rural areas.
    c. Urban/Rural Project determination: A project located in both an 
urban and a rural area will be designated as urban if less than \1/2\ 
of the project's costs are spent in a rural area. If \2/3\ or more of a 
project's costs are spent in a rural area, the project will be 
designated as rural. For projects where between \1/2\ and \2/3\ of 
their costs are in a rural area, the project will be designated as 
rural if the applicant demonstrates that \2/3\ or more of the project's 
benefits accrue to users in rural areas; if the applicant does not make 
such demonstration, the project will be designated as urban.

D. Application and Submission Information

    1. Address to Request Application Package: Applicants must submit 
all applications through www.Grants.gov. Instructions for submitting 
applications can be found at https://www.transportation.gov/buildamerica/financing/tifia/regional-infrastructure-accelerators-program.
    2. Content and Form of Application: The application must include 
the Standard Form 424 (Application for Federal Assistance), cover page, 
and the application narrative.
    A. Cover Page: Each application should include a cover page that 
contains, at minimum, name of the applicant and sponsor, if applicable, 
the location; the region of designation; category of designation for 
which the applicant is to be considered; and RIA budget amount.
    B. Application Narrative: The application narrative should follow 
the basic outline below to address the program requirements and assist 
evaluators in locating relevant information.

------------------------------------------------------------------------
                  Section                        Section  explained
------------------------------------------------------------------------
I. Applicant..............................  See D.2.I.
II. Description of Proposed Geographic/     See D.2.II.
 Jurisdictional Region.
III. Accelerator Proposal.................  See D.2.III.
IV. Budget, Sources and Uses for Full       See D.2.IV.
 Accelerator Funds.
V. Selection Criteria.....................  See D.2.V.
------------------------------------------------------------------------

    The application narrative should include the information necessary 
for the Bureau to determine that the applicant(s) proposed regional 
focus, the overall accelerator proposal, list of intended projects, 
budget, and other information satisfy the eligibility requirements set 
forth in this notice as described in Section C and to assess the 
selection criteria specified in Section E.1. To the extent practicable, 
applicants should provide supporting data and documentation in a form 
that is directly verifiable by the Bureau. The Bureau may ask any 
applicant to supplement data in its application but expects 
applications to be complete upon submission.
    In addition to the information requested elsewhere in this notice, 
the proposal should include a table of contents, maps, and graphics, as 
appropriate, to make the information easier to review. The Bureau 
recommends that the proposal be prepared with standard formatting 
preferences (a single-spaced document, using a standard 12-point font 
such as Times New Roman, with 1-inch margins). The proposal narrative 
may not exceed 30 pages in length, excluding cover pages and table of 
contents. The only substantive portions that may exceed the 30-page 
limit are documents supporting assertions or conclusions made in the 
30-page project narrative. If possible, applicants should provide 
website links to supporting documentation rather than copies of these 
supporting materials. If supporting documents are submitted, applicants 
should clearly identify within the project narrative the relevant 
portion of the project narrative that each supporting document 
supports. The Bureau recommends using appropriately descriptive file 
names (e.g., ``Project Narrative,'' ``Maps,'' ``Memoranda of 
Understanding'' and ``Letters of Support,'' etc.) for all attachments.
    I. Applicant: This section of the narrative should include 
information describing the organizational structure and formal/informal 
relationships between parties associated with the RIA application. It 
should directly address the eligibility requirements discussed in 
section C.1 of this notice. The applicant should use this section to 
explain the organization's history, qualifications, and experience of 
key individuals who will be working in the proposed RIA. This section 
should also include descriptions of previous projects relevant to the 
RIA's activities envisioned in this notice that the organization or its 
individuals completed. The narrative should place the projects into a 
broader context of transportation infrastructure

[[Page 86986]]

investments being pursued by the proposed RIA and its sponsors, and how 
it will benefit communities within the region.
    II. Description of Proposed Geographic/Jurisdictional Region: This 
portion of the narrative should precisely identify the geographic 
region, the jurisdictions, and the agencies the RIA would serve and 
identify which of the four categories of RIA identified in Section A.2 
that this proposal falls under, and explain why. The narrative should 
explain the commonalities and shared interests of parties in the 
proposed region as the rationale for establishing a region of this 
construct, along with the affiliations within the proposed region. 
Consistent with the Department's ROUTES Initiative (https://www.transportation.gov/rural), the Department encourages applicants to 
describe how activities proposed in their application would address the 
unique challenges facing rural transportation networks, regardless of 
the geographic location of those activities.
    III. Accelerator Proposal: This section of the narrative should 
explain how the applicant(s) propose to establish the RIA and the 
concept of how it would operate, and provide the project-specific 
services identified in Section A of this notice, along with a proposed 
timeline for establishing the RIA, with key milestones and suggested 
performance targets during its operational phase.
    The applicant should describe, in sufficient detail, the 
applicant's approach to identifying and building the pipeline of 
projects to be undertaken and how they will develop such projects 
utilizing their experience and expertise, and identify an initial 
pipeline of projects that are eligible for TIFIA credit assistance and, 
to the extent applicable, RRIF credit assistance, PABs and other 
innovative financing methods. The narrative should also contain a list 
of projects that the applicant(s) propose to assist under the RIA. This 
list, to the extent possible, should include, at a minimum:
    (a) Project name and location;
    (b) Project sponsor;
    (c) Description;
    (d) Bureau program most likely to apply (TIFIA, RRIF, PABs);
    (e) Support activities the applicant envisions the RIA would 
provide
    (f) Project costs; and
    (g) Project timeline.
    The prospective applicant should describe in their proposal to the 
extent possible and, where applicable, if the project will (1) decrease 
transportation costs and improve access, especially for rural 
communities or communities in Opportunity Zones, through reliable and 
timely access to employment centers and job opportunities; (2) improve 
long-term efficiency, reliability or costs in the movement of workers 
or goods; (3) increase the economic productivity of land, capital, or 
labor, including assets in Opportunity Zones; (4) result in long-term 
job creation and other economic opportunities; or (5) help the United 
States compete in a global economy by facilitating efficient and 
reliable freight movement. Projects that bridge gaps in service in 
rural areas, and projects that attract private economic development, 
all support local or regional economic competitiveness. The Department 
intends to collect Opportunity Zones information to advance other 
Department activities related to Opportunity Zones, but the Department 
does not consider projects located in an Opportunity Zone to be more 
competitive for an RIA award than projects located outside an 
Opportunity Zone.
    IV. Budget, Sources, and Uses for Full Accelerator Funds: The 
applicant should include a proposed financial plan and budget including 
the Federal grant amount requested, non-federal matching funds, in-kind 
contributions and other sources. The proposed plan should also include 
a list of activities and projects as well as all associated costs of 
the proposed RIA. For non-Federal matching funds, the application 
should identify the sources as well as supporting documentation 
indicating the degree to which those funds are committed and dates of 
their availability. If the applicant proposes that the RIA will reach a 
point of long-term self-sustainability, the narrative should include a 
description of how this would happen, and where the long-term funds 
would be generated.
    V. Selection Criteria: This section of the application should 
demonstrate how the application aligns with the criteria described in 
Section E.1 of this notice. The Bureau intends to select and designate 
RIA that demonstrate in their proposal the ability to effectively 
assist entities in developing improved infrastructure priorities and 
financing strategies for the accelerated development of one or more 
projects eligible for funding under the TIFIA program. DOT will 
consider the extent to which an RIA is likely to effectively promote 
investment in eligible projects, develop a pipeline of regional 
transportation projects, and result in the implementation of projects 
with innovative financing methods.
    The Bureau encourages applicants to either address each criterion 
or expressly state that the project does not address the criterion. 
Applicants are not required to follow a specific format, but the 
outline suggested addresses each criterion separately and promotes a 
clear discussion that assists project evaluators. To minimize redundant 
information in the application, the Bureau encourages applicants to 
cross-reference from this section of their application to relevant 
substantive information in other sections of the application. The 
guidance in this section is about how the applicant should organize 
their application. Guidance describing how the Bureau will evaluate 
projects against the Selection Criteria is in Section E.1 of this 
notice. Applicants also should review that section before considering 
how to organize their application.
    3. Unique Entity Identifier and System for Award Management (SAM)
    Each applicant must: (1) Be registered in SAM before submitting its 
application; (2) provide a valid unique entity identifier in its 
application; and (3) continue to maintain an active SAM registration 
with current information at all times during which it has an active 
Federal award or an application or plan under consideration by a 
Federal awarding agency. The Department may not make an RIA grant to an 
applicant until the applicant has complied with all applicable unique 
entity identifier and SAM requirements and, if an applicant has not 
fully complied with the requirements by the time the Department is 
ready to make a grant, the Department may determine that the applicant 
is not qualified to receive a grant and use that determination as a 
basis for making a grant to another applicant.
4. Submission Dates and Timelines
    a. Deadline: Applications in response to this NOFO must be 
submitted through Grants.gov by 11:59 p.m. EST 90 days after 
publication of this notice. The Grants.gov ``Apply'' function will open 
on the date of publication. The Bureau may hold NOFO information 
session(s) before the due date.
    To submit an application through Grants.gov, applicants must:
    (1) Obtain a Data Universal Numbering System (DUNS) number;
    (2) Register with the System Award for Management (SAM) at 
www.sam.gov; and
    (3) Create a Grants.gov username and password; and
    (4) The E-business Point of Contact (POC) at the applicant's 
organization must also respond to the registration email from 
Grants.gov and login at Grants.gov to authorize the POC as an 
Authorized Organization Representative

[[Page 86987]]

(AOR). Please note that there can only be one AOR per organization.
    Please note that the Grants.gov registration process usually takes 
2-4 weeks to complete and that the Department will not consider late 
applications that are the result of failure to register or comply with 
Grants.gov applicant requirements in a timely manner. For information 
and instruction on each of these processes, please see instructions at 
https://www.grants.gov/web/grants/applicants/applicant-faqs.html. If 
interested parties experience difficulties at any point during the 
registration or application process, please call the Grants.gov 
Customer Service Support Hotline at 1(800) 518-4726, Monday-Friday from 
7:00 a.m. to 9:00 p.m. EST.
b. Consideration of Application
    Only applicants who comply with all submission deadlines described 
in this notice and submit applications through Grants.gov will be 
eligible for award. Applicants are strongly encouraged to make 
submissions in advance of the deadline.
c. Late Applications
    Applications received after the deadline will not be considered 
except in the case of unforeseen technical difficulties outlined in 
Section D.4.d.
d. Late Application Policy
    Applicants experiencing technical issues with Grants.gov that are 
beyond the applicant's control must contact [email protected] prior to the 
application deadline with the user name of the registrant and details 
of the technical issue experienced. The applicant must provide:
    (1) Details of the technical issue experienced;
    (2) Screen capture(s) of the technical issues experienced along 
with corresponding Grants.gov ``Grant tracking number'';
    (3) The ``Legal Business Name'' for the applicant that was provided 
in the SF-424;
    (4) The AOR name submitted in the SF-424;
    (5) The DUNS number associated with the application; and
    (6) The Grants.gov Help Desk Tracking Number.
    To ensure a fair competition of limited discretionary funds, the 
following conditions are not valid reasons to permit late submissions: 
(1) Failure to complete the registration process before the deadline; 
(2) failure to follow Grants.gov instructions on how to register and 
apply as posted on its website; (3) failure to follow all the 
instructions in this notice of funding opportunity; and (4) technical 
issues experienced with the applicant's computer or information 
technology environment. After the Department reviews all information 
submitted and contacts the Grants.gov Help Desk to validate reported 
technical issues, USDOT staff will contact late applicants to approve 
or deny a request to submit a late application through Grants.gov. If 
the reported technical issues cannot be validated, late applications 
will be rejected as untimely.
    5. Applications under this NOFO are not subject to the State review 
under E.O. 12372.
    6. Funding Restrictions: The DOT will not reimburse any pre-award 
costs or application preparation costs under this proposed agreement. 
Construction of any project being contemplated or aided by the proposed 
RIA is not an allowable activity under this grant. All non-domestic 
travel must be approved in writing by the DOT designated agreement 
officer prior to incurring costs. Travel requirements under the 
cooperative agreement will be met using the most economical form of 
transportation available. If economy class transportation is not 
available, the request for payment vouchers must be submitted with 
justification for use of higher class travel indicating dates, times, 
and flight numbers.

E. Application Review Information

    1. Criteria: This section specifies the criteria that the Bureau 
will use to evaluate and award applications for Program grants. The 
criteria incorporate statutory eligibility requirements. For each 
proposed RIA, the Bureau will review the application for the criteria 
described in this section. The Bureau does not consider any criterion 
more important than the others.
    A. Experience/Qualifications: The Bureau will assess whether and to 
what extent the applicant(s):
    (1) Possess the ability to evaluate and promote innovative 
financing methods for local projects including the use of TIFIA and 
RRIF and other Federal assistance programs where applicable;
    (2) Possess the ability to provide technical assistance on best 
practices with respect to financing projects;
    (3) Have experience in increasing transparency with respect to 
infrastructure project analysis and using innovative financing for 
public infrastructure projects;
    (4) Have experience in deploying predevelopment capital programs 
designed to facilitate the creation of a pipeline of infrastructure 
projects available for investment;
    (5) Have a history of successfully bundling smaller-scale and rural 
projects into larger proposals that may be more attractive for private 
investment;
    (6) Have demonstrated success in reducing transaction costs for 
public project sponsors; and
    (7) Demonstrate the capacity to accelerate projects eligible for 
the TIFIA credit program and, to the extent applicable, the Railroad 
Rehabilitation and Improvement Financing (RRIF) credit program and 
Private Activity Bonds (PABs).
    B. Partnerships: The Bureau will consider the extent to which 
applicant(s) demonstrate strong collaboration among a broad range of 
stakeholders in the proposed geographic area of the RIA. Applications 
with strong partnerships typically involve multiple partners in project 
development, funding, and finance. The Bureau will consider applicants 
that partner with State, local, and private entities for the 
development, funding, financing, and delivery of transportation 
projects to have strong partnerships. Evaluators will also consider the 
relationship of the RIA with its constituencies and authorities granted 
by them. The Bureau will assess the ability of the proposed RIA to 
quickly and effectively develop projects by having the support of its 
members and working across jurisdictions.
    C. Regional Viability: The Bureau will evaluate the proposed 
region, geographically, organizationally, and functionally, as well as 
its jurisdictional relevance. In evaluating this criterion, the Bureau 
will consider the geographic make-up of the proposed RIA and the 
transportation needs of the region.
    D. Business Model: The Bureau will assess the thoroughness, 
viability, and efficiency that the applicant(s) can establish the RIA, 
commence operations, and deliver project-specific outcomes. In 
conducting this assessment, evaluators will consider:
    (1) The effort, cost, and actions necessary to initially establish 
the proposed RIA, including workspaces, fixed and variable costs, 
staffing, and the development of relationships necessary to function 
effectively in the proposed region.
    (2) How the proposed RIA will operate once established, including 
costs, organization, efficiency, availability of the technical 
expertise and resources needed to accelerate project delivery, work 
plan, and time required to achieve operational status.
    E. Pipeline: The Bureau will consider the proposed pipeline of 
projects and assess whether and to what extent they

[[Page 86988]]

are likely to be eligible projects and appropriate for development 
activities as set forth in this notice. The proposed pipeline must 
include one or more projects likely to be eligible for TIFIA credit 
assistance. In evaluating this criterion, the Bureau will consider the 
number of eligible projects in the pipeline, the degree of local/
regional support of the projects, and the project status and timeline 
as they relate to the likelihood the RIA can impact the project during 
the performance period of the cooperative agreement. Evaluators will 
also assess the degree to which the skills/experience of the 
applicant(s) are appropriate for the proposed projects. The Bureau will 
also evaluate the viability and proposed approach the applicant(s) have 
developed for attracting new projects into the RIA's pipeline of 
projects and how they propose to assist and monitor the development of 
those projects.
    F. Readiness: The Bureau will consider the extent to which the 
proposed RIA is prepared to commence operations and begin achieving 
project-specific results. Evaluators will also assess the viability of 
the proposed budget as it relates to the establishment and successful 
operations of the RIA as proposed. In considering this criterion, 
evaluators will also determine the likelihood that proposed milestones 
will be subject to delay and/or cost overruns and the risk that key 
milestones might be missed due to internal or external factors. 
Evaluators will also consider the readiness of the proposed RIA to 
commence operations, including but not limited to:
    (1) Availability of facilities and equipment necessary to function;
    (2) Existing governance structure as compared to proposed future 
structure; and
    (3) Ability of existing relationships to rapidly deliver results.
    G. Value: The Bureau will evaluate the relative value of the 
proposal to individual projects and the taxpayer, including but not 
limited to: the number of projects likely to measurably be accelerated 
as a result of the proposed technical assistance of the RIA, the number 
of projects reasonably expected to receive Bureau financing, and the 
asset class(es) most prevalent in the proposed project portfolio. In 
considering this criterion, evaluators will also consider the 
applicant's proposed performance targets (Section III of the 
application) and how they compare to the overall proposed cost of the 
RIA (Section IV of the application).
    H. Rural Assistance: Where applicable, the Bureau will evaluate the 
degree to which the proposal can support individual rural project 
sponsors. The Bureau will consider opportunities proposed to overcome 
common barriers to using TIFIA and RRIF credit assistance and other 
innovative financing methods for rural project sponsors, such as 
project size or type, financial or institutional capabilities, and 
other issues. Consistent with the Department's ROUTES Initiative 
(https://www.transportation.gov/rural), the Department recognizes that 
rural transportation networks face unique challenges. To the extent 
that those challenges are reflected in the merit criteria listed in 
this section, the Department will consider how the activities proposed 
in the application will address those challenges, regardless of the 
geographic location of those activities. This can include delivering 
innovative technical assistance and leveraging the DOT ROUTES 
Initiative to provide user-friendly information and other assistance to 
rural project sponsors.
    I. Self-Sustainability: The Bureau will consider whether and to 
what extent the proposed RIA will achieve self-sustainability during 
the Program's effective period of receipt of Federal funding. In the 
event that a proposed RIA will not achieve self-sustainability, the 
Bureau will evaluate the extent to which the termination of the RIA 
might deliver long-term benefits as the result of projects delivered 
during the funding period.
    J. Risk: The Bureau will assess the risks to successful 
implementation and operation of the proposed RIA, and the degree to 
which proposed mitigation activities might address/offset those risks. 
Evaluators will also assess the practicality of proposed mitigation 
activities in terms of cost, complexity, and time required to implement 
the actions.
    2. Review and Selection Process: A Review Team will review all 
eligible applications received by the deadline. This Review Team will 
consist of Modal Liaisons from the Federal Highway Administration 
(FHWA), Federal Railroad Administration (FRA) and Federal Transit 
Administration (FTA) and two Bureau employees appointed by the 
Executive Director. The Program grants review and selection process 
consists of two steps: (1) The Review Team will evaluate each proposal 
and make a determination of eligibility based on criteria outlined in 
Section C.1 of this notice and, if deemed eligible; (2) the Review Team 
will evaluate the proposal based on the Selection Criteria in Section 
E.1 of this notice. The Review Team will make recommendations to the 
Executive Director. The Executive Director will finalize those 
recommendations and present the recommendations to the Secretary. The 
final decisions as to recipients will be made by the Secretary of 
Transportation.
3. Additional Information
    Prior to award, each selected applicant will be subject to a risk 
assessment as required by 2 CFR 200.205. The Department must review and 
consider any information about the applicant that is in the designated 
integrity and performance system accessible through SAM (currently the 
Federal Awardee Performance and Integrity Information System (FAPIIS)). 
An applicant may review information in FAPIIS and comment on any 
information about itself. The Department will consider comments by the 
applicant, in addition to the other information in FAPIIS, in making a 
judgment about the applicant's integrity, business ethics, and record 
of performance under Federal awards when completing the review of risk 
posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notice

    Following the evaluation process outlined in Section E.2, the 
Secretary will announce awarded projects by posting a list of selected 
RIA at https://www.transportation.gov/buildamerica/financing/tifia/regional-infrastructure-accelerators-program. Notice of selection is 
not authorization to begin performance or to incur costs for the 
proposed RIA. Following that announcement, the Bureau will contact the 
point of contact listed in the SF 424 to initiate negotiation of the 
cooperative agreement.

2. Administration and National Policy Requirements

    Performance under the cooperative agreement will be governed by and 
in compliance with the following requirements as applicable to the type 
of organization of the recipient and any applicable sub-recipients:
    All awards will be administered pursuant to the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards found in 2 CFR part 200, as adopted by DOT at 2 CFR part 
1201.
    Other terms and condition as well as performance requirements will 
be addressed in the cooperative agreement with the recipient. The full 
terms and conditions of the resulting cooperative

[[Page 86989]]

agreements may vary and are subject to discussions and negotiations.
    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, recipients of funds 
must comply with all applicable requirements of Federal law, including, 
without limitation, the Constitution of the United States statutory, 
regulatory, and public policy requirements, including without 
limitation, those protecting free speech, religious liberty, public 
welfare, the environment, and prohibiting discrimination; the 
conditions of performance, non-discrimination requirements, and other 
assurances made applicable to the award of funds in accordance with 
regulations of the Department of Transportation; and applicable Federal 
financial assistance and contracting principles promulgated by the 
Office of Management and Budget. In complying with these requirements, 
recipients must ensure that no concession agreements are denied or 
other contracting decisions made on the basis of speech or other 
activities protected by the First Amendment. If the Bureau determines 
that a recipient has failed to comply with applicable Federal 
requirements, the Bureau may terminate the award of funds and disallow 
previously incurred costs, requiring the recipient to reimburse any 
expended award funds.
    Additionally, Executive Order 13858 directs the Executive Branch 
Departments and agencies to maximize the use of goods, products, and 
materials produced in the United States through the terms and 
conditions of Federal financial assistance awards. If selected for an 
award, grant recipients must be prepared to demonstrate how they will 
maximize the use of domestic goods, products, and materials, as 
applicable, in establishing and operating the RIA.

3. Reporting

A. Progress Reporting on Grant Activities
    Each applicant selected for RIA grant funding must submit semi-
annual progress reports as agreed to in the cooperative agreement to 
monitor RIA progress and ensure accountability and financial 
transparency in the RIA grant program.
B. Performance Reporting
    Each applicant selected for RIA grant funding must collect and 
report to the Bureau information on the RIA's performance. The specific 
performance information and reporting period will be determined on an 
individual basis. It is anticipated that the Bureau and the grant 
recipient will hold monthly progress meetings or calls during which the 
Bureau will review project activities, schedule, and progress toward 
mutually agreed upon performance targets in the cooperative agreement. 
If the award is greater than $500,000 over the period of performance, 
applicants must adhere to the post award reporting requirements 
reflected in 2 CFR part 200 Appendix XII--Award Term and Condition for 
Recipient Integrity and Performance Matters.
C. Reporting of Matters Related to Recipient Integrity and Performance
    If the total value of a selected applicant's currently active 
grants, cooperative agreements, and procurement contracts from all 
Federal awarding agencies exceeds $10,000,000 for any period of time 
during the period of performance of this Federal award, then the 
applicant during that period of time must maintain the currency of 
information reported to the SAM that is made available in the 
designated integrity and performance system (currently FAPIIS) about 
civil, criminal, or administrative proceedings described in paragraph 2 
of this award term and condition. This is a statutory requirement under 
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As 
required by section 3010 of Public Law 111-212, all information posted 
in the designated integrity and performance system on or after April 
15, 2011, except past performance reviews required for Federal 
procurement contracts, will be publicly available.

G. Federal Awarding Agency Contacts

    For further information concerning this notice please contact the 
Bureau via email at [email protected], or call Sam Beydoun at 202-366-0198. A 
TDD is available for individuals who are deaf or hard of hearing at 
202-366-3993. In addition, the Bureau will post answers to questions 
and requests for clarifications on the Bureau's website at https://www.transportation.gov/buildamerica/financing/tifia/regional-infrastructure-accelerators-program. To ensure applicants receive 
accurate information about eligibility or the program, the applicant is 
encouraged to contact the Bureau directly, rather than through 
intermediaries or third parties, with questions. Bureau staff may also 
conduct briefings on the Program grant selection and award process upon 
request.

H. Other Information

1. Protection of Confidential Business Information
    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If the applicant submits information 
that the applicant considers to be a trade secret or confidential 
commercial or financial information, the applicant must provide that 
information in a separate document, which the applicant may cross-
reference from the application narrative or other portions of the 
application. For the separate document containing confidential 
information, the applicant must do the following: (1) State on the 
cover of that document that it ``Contains Confidential Business 
Information (CBI)''; (2) mark each page that contains confidential 
information with ``CBI''; (3) highlight or otherwise denote the 
confidential content on each page; and (4) at the end of the document, 
indicate whether the CBI is information the applicant keeps private and 
is of the type of information the applicant regularly keeps private. 
The Bureau/DOT will protect confidential information complying with 
these requirements to the extent required under applicable law. If the 
Bureau receives a Freedom of Information Act (FOIA) request for the 
information that the applicant has marked in accordance with this 
section, the Bureau will follow the procedures described in its FOIA 
regulations at 49 CFR 7. 29.
2. Publication/Sharing of Application Information
    Following the completion of the selection process and announcement 
of awards, the Bureau intends to publish a list of all applications 
received along with the names of the applicant organizations and 
funding amounts requested. Except for the information properly marked 
as described in Section H.1, the Bureau may make application narratives 
publicly available or share application information within DOT or with 
other Federal agencies if DOT determines that sharing is relevant to 
the respective program's objectives.
3. Department Feedback on Application
    The Bureau strives to provide as much information as possible to 
assist applicants with the application process. The Bureau will not 
review applications in advance, but Bureau staff are available for 
technical questions and assistance.


[[Page 86990]]


    Issued in Washington, DC, on December 17, 2020.
Elaine L. Chao,
Secretary of Transportation.
[FR Doc. 2020-28284 Filed 12-30-20; 8:45 am]
BILLING CODE 4910-9X-P