Regional Infrastructure Accelerator Demonstration Program, 793-801 [2021-28552]

Agencies

• DEPARTMENT OF TRANSPORTATION
• Office of the Secretary

[Federal Register Volume 87, Number 4 (Thursday, January 6, 2022)]
[Notices]
[Pages 793-801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28552]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Regional Infrastructure Accelerator Demonstration Program

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

ACTION: Notice of funding opportunity.

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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) Credit Program. The Consolidated 
Appropriations Act, 2021,

[[Page 794]]

enacted on December 27, 2020, appropriated $5 million for this Program. 
A NOFO was issued in December 2020 and five accelerators were selected 
from the initial round of applicants. The Build America Bureau (the 
Bureau) is issuing a second NOFO to further expand the Program and 
solicit applications for designating and funding Regional 
Infrastructure Accelerators (RIA) that: (1) Serve a defined geographic 
area; (2) act as a resource to qualified entities in the geographic 
area in accordance with the FAST Act; and (3) demonstrate the 
effectiveness of an RIA to expedite the delivery of projects eligible 
for the TIFIA credit program. Projects are not required to apply for or 
receive TIFIA credit assistance to be eligible; however, applicants who 
are considering the appropriateness of innovative financing methods 
such as TIFIA, the Railroad Rehabilitation and Improvement Financing 
(RRIF) credit program, Private Activity Bonds (PABs), project bundling, 
private investment, and other innovative financing methods to 
accelerate the delivery of eligible projects are strongly encouraged to 
apply.

SUPPLEMENTARY INFORMATION: 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 
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\ authorized the Program. On 
December 31, 2020, the Bureau issued a NOFO (85 FR 86983) following the 
Further Consolidated Appropriations Act, 2020.\2\ The Consolidated 
Appropriations Act, 2021,\3\ appropriated $5 million to continue the 
Program, which is the source of this funding opportunity.
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    \1\ Public Law 114-94, 129 Stat. 1312, 1435 (Dec. 4, 2015).
    \2\ Public Law 116-94, div. H, tit. I, 133 Stat. 2946 (Dec. 20, 
2019).
    \3\ Public Law 116-260, div. L, tit. I (as enrolled Dec. 27, 
2020).
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    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 the intent of the Bureau to expand the Program coverage 
building on the earlier designation of five RIAs in Cleveland, Chicago, 
Fresno, San Diego, and Seattle as result of the NOFO issued in December 
31, 2020. Therefore, the Bureau continues to be 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 using 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. The Bureau plans to select 
between one and five RIAs for awards under this program based on 
proposals submitted by eligible applicants in response to this notice. 
Ideally, when considering both the first and the second rounds of 
awards under this program, there will be a diversity of RIAs selected 
for awards based on geography (e.g., rural, urban, disadvantaged 
community), organizational structure (e.g., within a State or 
Metropolitan Planning Organization), operational business model and 
focus.
    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 a local government or group of local jurisdictions with 
transportation functions within a metropolitan area. For 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 Program is to 
establish regional infrastructure accelerators to assist entities in 
accelerating TIFIA-eligible projects through innovative financing 
strategies. 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 compliance 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' \4\ products and offerings; and
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    \4\ https://www.transportation.gov/rural.
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    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

[[Page 795]]

option for a second year for an RIA that meets or exceeds 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.
    4. Changes from the FY 2020 NOFO: This FY 2021 Regional 
Infrastructure Accelerator Demonstration Program NOFO updates the FY 
2020 NOFO to reflect this Administration's priorities for creating 
good-paying jobs, improving safety, applying transformative technology, 
and explicitly addressing climate change and advancing racial equity. 
Therefore, the Bureau added the Transformative Projects criterion to 
clarify how the long-term project outcomes should align with the 
Administration's priorities in a competitive application. Applicants 
should refer to Section E of this NOFO for descriptions of the 
selection criteria, including the new Transformative Projects 
criterion. Additionally, this NOFO clarifies what would be required of 
the Applicant to receive a STRONG rating for evaluation Criteria, where 
applicable, as further described in Section E.1.

B. Federal Award Information

    The Bureau hereby requests applications from all interested parties 
to result in the award of between one and five cooperative 
agreement(s), 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 Program 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.
    1. Program Funding and Awards:
    a. Number of Awards: The Bureau intends to select between one and 
five RIAs, based on the number and viability of applications.
    b. Size of Award: A total of $5 million is available for this 
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.
    2. 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 selected 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 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.
    If 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 must meet the eligibility requirements 
for TIFIA 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 through the use of innovative financing strategies, 
including but not limited to the TIFIA and RRIF credit programs, PABs, 
project bundling, and private investment. Further, the Bureau will 
consider applications from any RIA that was designated pursuant to the 
prior NOFO to the extent that funding is available, and only after 
giving primary consideration to applicants who have not received any 
funding under this Program.
    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. The 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 Submission: 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.

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    b. Application Narrative: The application narrative should follow 
the basic outline below to address the Program requirements and assist 
evaluators in locating relevant information.

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                 Section                         Section explained
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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.
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    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 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.
    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.

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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 apply 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 (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.
    5. Other Submission Requirements:
    (a) Submission Location: Application must be submitted to 
Grants.gov.
    (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: 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 username 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.
    6. Applications under this NOFO are not subject to the State review 
under E.O. 12372.
    7. 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;
    (7) Demonstrate the capacity to accelerate projects eligible for 
the TIFIA credit program through the use of innovative financing 
strategies such as the TIFIA and RRIF credit programs, and PABs, but 
also other strategies such as project bundling, grant anticipation 
revenue vehicles, and incorporating private capital;
    (8) Have experience in the development of project financial plans, 
including developing capital structures

[[Page 798]]

and identifying funding and financing sources, as well as a 
demonstrated track record for achieving financial close and
    (9) Have experience in working with private sector project sponsors 
disadvantaged communities, including but not limited to rural and low 
resources communities as well as working on revitalization projects.
    An applicant that demonstrates substantial experience of 10 years 
or more in the development and delivery of projects, including the use 
of alternative delivery methods such as design-build and/or public 
private partnerships (P3) as related to items (1) through (9) above, 
and innovative financing particularly the use of TIFIA and RRIF or PABs 
will receive a STRONG rating in this criterion.
    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 
develop projects quickly and effectively by having the support of its 
members and working across jurisdictions.
    An applicant that can demonstrate effective partnerships with 
public, private sector and/or academic entities will receive a STRONG 
rating in this criterion.
    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.
    An applicant that can demonstrate the ability to stand up the RIA 
and achieve operations status within 6 months of executing a 
cooperative agreement will receive a STRONG rating in this criterion.
    E. Pipeline: The Bureau will consider the proposed pipeline of 
projects and assess whether and to what extent they 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 utilize innovative 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: In support of Executive Order 13985, Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government (86 FR 7009), the Department encourages applicants 
to consider how the project will address the challenges faced by 
individuals and underserved communities in rural areas.
    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.
    An applicant that can demonstrate a model of self-sustainability 
and continued benefits beyond the effective period of Federal funding 
will receive a STRONG rating in this criterion.

[[Page 799]]

    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.
    An applicant that can demonstrate the development of, at minimum, 
qualitative risk assessments of proposed projects in meeting Federal 
eligibility requirements (see Chapter 3 of the Bureau Credit Programs 
Guide: https://www.transportation.gov/sites/buildamerica.dot.gov/files/2019-08/Bureau%20Credit%20Programs%20Guide_March_2017.pdf#page=29) will 
receive a STRONG rating in this criterion.
    K. Transformative Projects: The Bureau will consider the extent to 
which the proposed project to be aided by the RIA will address the 
following Department priorities:
    (1) Safety: DOT will assess the project's ability to foster a safe 
transportation system for the movement of goods and people, consistent 
with the Department's strategic goal to reduce transportation-related 
fatalities and serious injuries across the transportation system.
    (2) Environmental Sustainability: DOT will consider the extent to 
which the project incorporates considerations of climate change, 
resilience, and environmental justice in the planning stage and in 
project delivery, such as through incorporation of specific design 
elements that address climate change impacts.
    (3) Equity and Accessibility: DOT will consider the extent to which 
the project: (i) Increases transportation choices and equity for 
individuals; (ii) expands access to essential services for communities 
across the United States, particularly for underserved or disadvantaged 
communities; (iii) improves connectivity for citizens to jobs, health 
care, and other critical destinations, or (iv) proactively addresses 
racial equity \5\ and barriers to opportunity, through the planning 
process or through incorporation of design elements.
---------------------------------------------------------------------------

    \5\ Definitions for ``racial equity'' and ``underserved 
communities'' are found in Executive Order 13985, Advancing Racial 
Equity and Support for Underserved Communities Through the Federal 
Government, Sections 2 (a) and (b).
---------------------------------------------------------------------------

    (4) Innovative Technology: Consistent with DOT's objectives to 
encourage transformative projects that take the lead in deploying 
innovative technologies and practices that drive outcomes in terms of 
safety, environmental sustainability, quality of life, and state of 
good repair, DOT will assess the extent to which the applicant uses 
innovative strategies, including: (i) Innovative technologies, (ii) 
innovative project delivery, or (iii) innovative financing.
    (5) State of Good Repair: Consistent with the Department's 
strategic objective to maintain and upgrade existing transportation 
systems, DOT will assess whether and to what extent: (i) The project is 
consistent with relevant plans to maintain transportation facilities or 
systems in a state of good repair and address current and projected 
vulnerabilities; (ii) if left unimproved, the poor condition of the 
asset will threaten future transportation network efficiency, mobility 
of goods or accessibility and mobility of people, or economic growth; 
(iii) the project is appropriately capitalized, including whether 
project sponsor has conducted scenario planning and/or fiscal impact 
analysis to understand the future impact on public finances; (iv) a 
sustainable source of revenue is available for operations and 
maintenance of the project and the project will reduce overall life-
cycle costs; (v) the project will maintain or improve transportation 
infrastructure that supports border security functions; and (vi) the 
project includes a plan to maintain the transportation infrastructure 
in a state of good repair. DOT will prioritize projects that ensure the 
good condition of transportation infrastructure, including rural 
transportation infrastructure, that support commerce and economic 
growth.
    An applicant that can demonstrate a pipeline of viable projects 
that address at least four of the above listed Department priorities 
(in this Section E.1.K(1) through (5)) will receive a STRONG rating in 
this criterion.
    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 Bureau employees designated 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; and (2) the Review Team will 
evaluate the proposal based on the Selection Criteria in Section E.1 of 
this notice. In reviewing the application, each criterion will be given 
one of the following qualitative ratings: STRONG, MODERATE, or 
MARGINAL. These ratings are based on the proposal's alignment with the 
criteria. No one criterion is weighted higher or lower than the others. 
A collective overall assessment rating will be assigned to each 
application based on the qualitative ratings assigned for each 
evaluation criterion. The collective overall assessment will ultimately 
reflect how well the proposal meets the goals of the Program as stated 
in Section A.3. of the NOFO. Each application will be given an overall 
assessment rating of ``high'' if it receives a rating of STRONG in at 
least 6 of the evaluation criteria; an overall assessment rating of 
``medium'' if it receives a rating of MODERATE or a combination of 
STRONG and MODERATE in at least 6 of the evaluation criteria; and an 
overall assessment rating of ``low'' if it does not meet the 
requirements for a ``medium'' or ``high''. The Review Team will present 
its findings to the Senior Review Team, which consists of Bureau 
Leadership, including the Executive Director. The Executive Director 
will finalize recommendations and present them to the Secretary. The 
final award decisions 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

[[Page 800]]

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 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 based on 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 Carl Ringgold at 202-366-2750. 
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

[[Page 801]]

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.
    4. Rural Opportunities: User-friendly information and resources 
regarding DOT's discretionary grant programs relevant to rural 
applicants can be found on the Rural Opportunities to Use 
Transportation for Economic Success (ROUTES) website at 
transportation.gov/rural.

    Issued in Washington, DC, on December 27, 2021.
Peter Paul Montgomery Buttigieg,
Secretary of Transportation.
[FR Doc. 2021-28552 Filed 1-5-22; 8:45 am]
BILLING CODE 4910-9X-P