FY 2022 Competitive Funding Opportunity: Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Competitive Program, 12528-12537 [2022-04621]
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Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of
this document for Privacy Act
information related to any submitted
comments or materials.
Docket: For access to the docket to
read the proposed FRA Guidance,
background documents, or comments
received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kevin MacWhorter, Attorney Advisor,
Office of the Chief Counsel, telephone:
(202) 641–8727, email:
kevin.macwhorter@dot.gov.
SUPPLEMENTARY INFORMATION: In 1976,
pursuant to the Railroad Revitalization
and Regulatory Reform Act of 1976 (4R
Act), representatives of the railroads and
their employees agreed on ‘‘[f]air and
equitable arrangements’’ to protect
employees impacted by certain projects
financed by the Federal Government.
The Secretary of Labor adopted these
protections in a letter to the Secretary of
Transportation dated July 6, 1976. FRA
has placed a copy of this letter and the
accompanying protections in the docket
for this guidance. In general, these
protections provided that a railroad
employee who is adversely affected by
a project receiving certain financing
from the Federal Government was
entitled to receive a displacement
allowance, and/or a dismissal
allowance, among other benefits.
Many of FRA’s current discretionary
grant programs, including the
Consolidated Rail Infrastructure and
Safety Improvements Program and the
Federal-State Partnership for State of
Good Repair Program, are subject to the
grant conditions described in section
22905(c) of title 49, U.S.C. As relevant
here, section 22905(c)(2)(B), requires
grant applicants, for any grant for a
project that uses rights-of-way owned by
a railroad, to agree to comply with ‘‘the
protective arrangements that are
equivalent to the protective
arrangements established under’’ the 4R
Act. While this requirement is a
condition of many FRA grants, it is not
often applicable (as FRA’s grants do not
typically cause an adverse impact to
railroad employees). With that said,
FRA developed the FRA Guidance to
assist grantees and to facilitate
compliance with these important
protections. Once final, FRA intends to
include the FRA Guidance as an
appendix to all new grant and
cooperative agreements subject to
section 22905(c)(2)(B), and grantees will
be required to ensure the inclusion of
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the FRA Guidance, as applicable, in all
contracts for the FRA-funded project.
Costs incurred to comply with the FRA
Guidance and in a manner consistent
with 2 CFR part 200 are eligible for
reimbursement under the applicable
grant.
Section 22905(c)(2)(B) specifically
requires protective arrangements
‘‘equivalent’’ to those established under
the 4R Act. As such, in the FRA
Guidance, FRA did not deviate from the
protections adopted by the Secretary of
Labor in 1976. The FRA Guidance only
seeks to clarify the protections and to
ensure grant applicants understand
them. FRA did not create new, or
remove existing, protections. As noted,
FRA has included a copy of the
Secretary of Labor’s letter and the
accompanying protections in the docket
to facilitate review of the FRA
Guidance.
The FRA Guidance describes both
procedural and substantive protections.
The substantive protections include
dismissal and displacement allowances
and moving assistance, among other
items included in the original 4R Act
protections. The procedural protections
include opportunities for employees (or
their representatives) to engage in
negotiations with respect to application
of the protections.
Privacy Act
FRA may solicit comments from the
public to better inform its guidance
process. FRA posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy. In order to
facilitate comment tracking and
response, we encourage commenters to
provide their name, or the name of their
organization; however, submission of
names is completely optional. Whether
or not commenters identify themselves,
all timely comments will be fully
considered. If you wish to provide
comments containing proprietary or
confidential information, please contact
the agency for alternate submission
instructions.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2022–04530 Filed 3–3–22; 8:45 am]
BILLING CODE 4910–06–P
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2022 Competitive Funding
Opportunity: Low or No Emission
Grant Program and the Grants for
Buses and Bus Facilities Competitive
Program
Federal Transit Administration
(FTA), Department of Transportation
(DOT).
ACTION: Notice of Funding Opportunity
(NOFO).
AGENCY:
The Federal Transit
Administration (FTA) announces the
opportunity to apply for approximately
$1.1 billion in competitive grants under
the fiscal year (FY) 2022 Low or No
Emission Grant Program (Low-No
Program) (Federal Assistance Listing:
20.526) and approximately $372 million
in FY 2022 funds under the Grants for
Buses and Bus Facilities Program (Buses
and Bus Facilities Program) (Federal
Assistance Listing 20.526), subject to
availability of appropriated funding.
DATES: Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 p.m. Eastern time on May 31,
2022. Prospective applicants should
initiate the process by registering on the
GRANTS.GOV website promptly to
ensure completion of the application
process before the submission deadline.
ADDRESSES: Instructions for applying
can be found on FTA’s website at
https://www.transit.dot.gov/howtoapply
and in the ‘‘FIND’’ module of
GRANTS.GOV. The funding
opportunity ID is FTA–2022–001–TPM–
LWNO for Low-No applications and
FTA–2022–002–TPM–BUSC for Buses
and Bus Facilities applications. Please
note, if an application is choosing to
apply to both programs, the applicant
must submit a GRANTS.GOV package to
each opportunity ID. Mail and fax
submissions will not be accepted.
FOR FURTHER INFORMATION CONTACT: For
further information concerning this
notice, please contact the Low-No/Bus
grant program staff via email at
ftalownobusnofo@dot.gov, or call Amy
Volz at 202–366–7484.
SUPPLEMENTARY INFORMATION: As
required by Federal public
transportation law, Low or No Emission
Grant Program funds will be awarded
competitively for the purchase or lease
of low or no emission vehicles that use
advanced technologies for transit
revenue operations, including related
equipment or facilities. As required by
Federal public transportation law, Buses
and Bus Facilities Program funds will be
SUMMARY:
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awarded competitively to assist in the
financing of capital projects to replace,
rehabilitate, purchase or lease buses and
related equipment, and to rehabilitate,
purchase, construct or lease bus-related
facilities. Zero-emission projects will
include costs for workforce
development, unless the applicant
certifies funds are not needed. In
general, projects may include costs
incidental to the acquisition of buses or
to the construction of facilities, such as
the costs of related workforce
development and training activities, and
project administration expenses. As
these two programs have overlapping
eligibilities and must be implemented
on the same timeline as required by
changes made by the Bipartisan
Infrastructure Law (enacted as the
Infrastructure Investment and Jobs Act),
FTA is publishing this joint NOFO. Per
Federal public transportation law, FTA
will award grants for these programs
within 75 days after the date this
solicitation expires from funds available
for award at that time. FTA may extend
the application deadline, and may
award additional funding that is made
available to the programs prior to the
announcement of project selections. If
during FY2022, additional funding is
made available for these programs after
announcement of project selections,
FTA may make additional awards under
a separate NOFO.
Table of Contents
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A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
This is a combined NOFO and
announces the availability of FY 2022
funding for both the Low-No and the
Buses and Bus Facilities Program.
Federal public transportation law (49
U.S.C. 5339(c)) authorizes FTA to award
grants for low or no emission bus
projects through a competitive process,
as described in this notice. The Low-No
Program provides funding to State
(including territories and Washington
DC), local governmental authorities, and
tribal governments for the purchase or
lease of zero-emission and low-emission
transit buses, including acquisition,
construction, and leasing of required
supporting facilities such as recharging,
refueling, and maintenance facilities.
Federal public transportation law (49
U.S.C. 5339(b)) authorizes FTA to award
grants for the Buses and Bus Facilities
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Program through a competitive process,
as described in this notice. Grants under
this program are for capital projects to
replace, rehabilitate, purchase, or lease
buses and related equipment, or to
rehabilitate, purchase, construct, or
lease bus-related facilities.
These programs support FTA’s
priorities and objectives through
investments that (1) renew our transit
systems; (2) reduce greenhouse gas
emissions from public transportation,
(3) advance racial equity, (4) maintain
and create good-paying jobs with a free
and fair choice to join a union, and (5)
connect communities. These programs
also support the President’s Building a
Better America initiative to mobilize
American ingenuity to build a modern
infrastructure and an equitable, clean
energy future. In addition, this NOFO
will advance the goals of the President’s
January 20, 2021, Executive Order
14008, Tackling the Climate Crisis at
Home and Abroad and Executive Order
13985, Advancing Racial Equity and
Support for Underserved Communities
Through the Federal Government.
B. Federal Award Information
Federal public transportation law (49
U.S.C. 5338(a)(2)(N)) authorizes
$71,561,189 in FY 2022 for the Low-No
Program. The 2021 Bipartisan
Infrastructure Law (BIL) (enacted as the
Infrastructure Investment and Jobs Act,
Pub. L. 117–58) appropriated an
additional $1,029,000,000 for FY 2022
grants, for a total of $1,100,561,189 for
grants under the Low-No program,
subject to the availability of FY 2022
appropriated funding. Additional funds
made available prior to project selection
may be allocated to eligible projects. If
during FY2022, additional funding is
made available for this program after
announcement of project selections,
FTA may issue another NOFO and make
additional awards.
As required by Federal public
transportation law (49 U.S.C.
5339(c)(5)), a minimum of 25 percent of
the amount awarded under the Low-No
Program will be awarded to low
emission projects other than zero
emission vehicles and related facilities.
In FY 2021, the program received
applications for 187 projects requesting
a total of $917 million. Forty-nine
projects were funded at a total of $182
million.
Federal public transportation law (49
U.S.C. 5338(a)(2)(N)) authorizes
$375,696,244 in FY 2022 funds for the
Buses and Bus Facilities Program. After
the oversight takedown of $3,354,431,
FTA is announcing the availability of
$372,341,813 for the Buses and Bus
Facilities Program through this notice,
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subject to availability of FY 2022
appropriated funding. Additional funds
made available prior to project selection
may be allocated to eligible projects. If
during FY2022, additional funding is
made available for this program after
announcement of project selections,
FTA may make additional awards under
a separate NOFO.
As required by Federal public
transportation law at 49 U.S.C.
5339(b)(5), a minimum of 15 percent of
the amount awarded under the Buses
and Bus Facilities Program will be
awarded to projects located in rural
areas. As required by 49 U.S.C.
5339(b)(8), no single grant recipient will
be awarded more than 10 percent of the
amount made available. In FY 2020, the
program received applications for 282
projects requesting a total of $1.8
billion. Ninety-six projects were funded
at a total of $464 million.
An applicant may submit a low or no
emissions project to both the Buses and
Bus Facilities Program and the Low-No
Program, or submit the project only to
the Low-No Program or only to the
Buses and Bus Facilities Program. If a
project submitted for consideration
under both programs is selected for
funding, FTA will exercise its discretion
to determine under which program the
project will receive an award. Please
note if submitting to both programs, a
separate application package must be
submitted to each opportunity ID for the
respective program listed on
GRANTS.GOV.
FTA may cap the amount a single
recipient or State may receive as part of
the selection process for either program.
FTA will grant pre-award authority to
incur costs for selected projects
beginning on the date FY 2022 project
selections are announced on FTA’s
website. Funds are available for
obligation for three fiscal years after the
fiscal year in which the competitive
awards are announced. Funds are
available only for eligible costs incurred
after announcement of project
selections. FTA intends to fund as many
meritorious projects as possible.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants for the Low or No
Emission Program include designated
recipients, States (including territories
and Washington DC), local
governmental authorities, and Indian
tribes. Proposals for funding projects in
rural (non-urbanized) areas, defined as
an area encompassing a population of
less than 50,000 people that has not
been designated in the most recent
decennial census as an ‘‘urbanized area’’
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by the Secretary of Commerce may be
submitted as part of a consolidated State
proposal. To be considered eligible,
applicants must be able to demonstrate
the requisite legal, financial, and
technical capabilities to receive and
administer Federal funds under this
program. Assistance on this requirement
is available from FTA’s Regional
Offices.
Eligible applicants for the Buses and
Bus Facilities Program include
designated recipients that allocate funds
to fixed route bus operators, States
(including territories and Washington
DC) or local governmental entities that
operate fixed route bus service, and
Indian tribes. Eligible subrecipients
include all otherwise eligible applicants
and also private nonprofit organizations
engaged in public transportation.
Except for projects proposed by
Indian tribes, all proposals for projects
in rural (non-urbanized) areas must be
submitted by a State, either individually
or as a part of a statewide application.
States and other eligible applicants also
may submit consolidated proposals for
projects in urbanized areas. The
submission of a statewide or
consolidated urbanized area application
does not preclude any other eligible
recipients in an urbanized area or in a
State from also submitting a separate
application. Proposals may contain
projects to be implemented by the
recipient or its subrecipients.
As permitted under Federal public
transportation law (49 U.S.C.
5339(b)(10), (c)(8)), an applicant
proposing a low or no emission project
under both the Buses and Bus Facilities
Program and the Low-No Program, or an
applicant proposing only a low or no
emission project under the Low-No
program, may include partnerships with
other entities that intend to participate
in the implementation of the project,
including, but not limited to, specific
vehicle manufacturers, equipment
vendors, owners or operators of related
facilities, or project consultants. If an
application that involves such a
partnership is selected for funding, the
project will be deemed to satisfy the
requirement for a competitive
procurement under 49 U.S.C. 5325(a) for
the named entities. Applicants are
advised that any changes to the
proposed partnership will require FTA
written approval, must be consistent
with the scope of the approved project,
and may necessitate a competitive
procurement.
2. Cost Sharing or Matching
The maximum Federal share for
projects that involve leasing or
acquiring transit buses (including clean
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fuel or alternative fuel vehicles) for
purposes of complying with or
maintaining compliance with the Clean
Air Act (CAA) or the Americans with
Disabilities Act (ADA) of 1990 is 85
percent of the net project cost.
The maximum Federal share for the
cost of acquiring, installing, or
constructing vehicle-related equipment
or facilities (including clean fuel or
alternative fuel vehicle-related
equipment or facilities) for purposes of
complying with or maintaining
compliance with the CAA or ADA is 90
percent of the net project cost of such
equipment or facilities that are
attributable to compliance with the CAA
or ADA. The award recipient must
itemize the cost of specific, discrete,
vehicle-related equipment associated
with compliance with the CAA to be
eligible for the maximum 90 percent
Federal share for these costs.
The Federal share of the cost of other
projects shall not exceed 80 percent.
Eligible sources of match include the
following: Cash from non-Government
sources other than revenues from
providing public transportation
services; revenues derived from the sale
of advertising and concessions; amounts
received under a service agreement with
a State or local social service agency or
private social service organization;
revenues generated from value capture
financing mechanisms; funds from an
undistributed cash surplus; replacement
or depreciation cash fund or reserve;
new capital; or in-kind contributions.
Transportation development credits or
in-kind match may be used for local
match if identified and documented in
the application.
3. Eligible Projects
Under the Low-No Program (49 U.S.C.
5339(c)), eligible projects include
projects or programs of projects in an
eligible area for: (1) Purchasing or
leasing low or no emission buses; (2)
acquiring low or no emission buses with
a leased power source; (3) constructing
or leasing facilities and related
equipment for low or no emission buses;
(4) constructing new public
transportation facilities to accommodate
low or no emission buses; or (5)
rehabilitating or improving existing
public transportation facilities to
accommodate low or no emission buses
(49 U.S.C. 5339(c)(1)(B)). As required by
Federal public transportation law (49
U.S.C. 5339(c)(5)), FTA will consider
only eligible projects relating to the
acquisition or leasing of low or no
emission buses or bus facilities that
make greater reductions in energy
consumption and harmful emissions
than comparable standard buses or other
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low or no emission buses. A single
application may include both vehicle
and facility components, along with
associated equipment and workforce
development plans.
A low or no emission bus is defined
as a passenger vehicle used to provide
public transportation that sufficiently
reduces energy consumption or harmful
emissions, including direct carbon
emissions, when compared to a
standard vehicle. The statutory
definition includes zero emission transit
buses, which are defined as buses that
produce no direct carbon emissions and
no particulate matter emissions under
any and all possible operational modes
and conditions. Examples of zero
emission bus technologies include, but
are not limited to, hydrogen fuel-cell
buses, battery-electric buses, and rubber
tire trolley buses powered by overhead
catenaries. All new transit bus models
must successfully complete FTA bus
testing for production transit buses
pursuant to FTA’s Bus Testing
regulation (49 CFR part 665) in order to
be procured with funds awarded under
the Low-No Program. All transit
vehicles must be procured from certified
transit vehicle manufacturers in
accordance with the Disadvantaged
Business Enterprise (DBE) regulations
(49 CFR part 26). The development or
deployment of prototype vehicles is not
eligible for funding under the Low-No
Program.
Eligible projects for the Buses and Bus
Facilities Program include capital
projects to replace, rehabilitate,
purchase, or lease buses, vans, or related
equipment; or to rehabilitate, purchase,
construct, or lease bus-related facilities
regardless of propulsion type or
emissions. A single application may
include both vehicle and facility
components, along with associated
equipment and workforce development
activities.
Recipients are permitted to use up to
0.5 percent of their requested grant
award for workforce development
activities eligible under Federal public
transportation law (49 U.S.C. 5314(b)),
including on-the-job training, labormanagement partnership training, and
registered apprenticeships, and an
additional 0.5 percent for costs
associated with training at the National
Transit Institute.
For applicants proposing projects
related to zero-emission vehicles for
either program, 5 percent of the
requested Federal award must be used
for workforce development to retrain the
existing workforce and develop the
workforce of the future, including
registered apprenticeships and other
joint labor-management training
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programs, as outlined in the applicant’s
Zero-Emission Transition Plan (see
Section E(1)(c) of this notice), unless the
applicant certifies via the application
that less funding is needed to carry out
the Plan. Applicants must identify the
proposed use of funds for these
activities in the project proposal and
identify them separately in the project
budget. These amounts are additional,
not a take-down, from other eligible
project expenses. For example, if the
total capital costs of the vehicles and
equipment was $95,000, an additional
$5,000 should be included in the budget
for these expenses for a total project cost
of $100,000. Applicants are encouraged
to discuss training needs with their
workforce and to develop training plans
in collaboration with unions and other
workforce representatives, as well as
with workforce boards, community
colleges, and other workforce
organizations. Applicants that propose
not to use the full five percent available
must include an explanation as to why
the funds are not needed. Absent an
explanation, a zero-emission application
that does not include 5 percent of its
project budget for workforce
development will be deemed ineligible.
If a single project proposal involves
multiple public transportation
providers, such as when an agency
acquires vehicles that will be operated
by another agency, the proposal must
include a detailed statement regarding
the role of each public transportation
provider in the implementation of the
project.
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D. Application and Submission
Information
1. Address To Request Application
Package
Applications must be submitted
electronically through GRANTS.GOV.
General information for accessing and
submitting applications through
GRANTS.GOV can be found at
www.fta.dot.gov/howtoapply along with
specific instructions for the forms and
attachments required for submission.
Mail or fax submissions of completed
proposals will not be accepted. A
complete proposal submission for each
program consists of two forms: The SF–
424 Application for Federal Assistance
(available at GRANTS.GOV) and the
supplemental form for the FY 2022
Low-No and Buses and Bus Facilities
Programs (downloaded from
GRANTS.GOV or the FTA website at
https://www.transit.dot.gov/funding/
grants/lowno). The same supplemental
form will be used to apply to either
program or both programs. However,
please note that if an applicant is
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applying to both programs they must
submit the materials through each of the
GRANTS.GOV opportunity ID’s listed
for each program. Failure to submit the
information as requested can delay
review or disqualify the application.
2. Content and Form of Application
Submission
a. Proposal Submission
A complete proposal submission for
each program consists of two forms: (1)
The SF–424 Application for Federal
Assistance; and (2) the supplemental
form for the FY 2022 Low-No and Buses
and Bus Facilities Programs. The
supplemental form and any supporting
documents must be attached to the
‘‘Attachments’’ section of the SF–424.
The application must include responses
to all sections of the SF–424
Application for Federal Assistance and
the supplemental form, unless indicated
as optional. The information on the
supplemental form will be used to
determine applicant and project
eligibility for the program, and to
evaluate the proposal against the
selection criteria described in part E of
this notice.
FTA will accept only one
supplemental form per SF–424
submission. FTA encourages States and
other applicants to consider submitting
a single supplemental form that
includes multiple activities to be
evaluated as a consolidated proposal. If
a State or other applicant chooses to
submit separate proposals for individual
consideration by FTA, each proposal
must be submitted using a separate SF–
424 and supplemental form.
Applicants may attach additional
supporting information to the SF–424
submission, including but not limited to
letters of support, project budgets, fleet
status reports, or excerpts from relevant
planning documents. Applicants for
zero-emission projects must attach the
fleet transition plan. Any supporting
documentation must be described and
referenced by file name in the
appropriate response section of the
supplemental form, or it may not be
reviewed.
Information such as applicant name,
Federal amount requested, local match
amount, description of areas served, etc.
may be requested in varying degrees of
detail on both the SF–424 and
supplemental form. Applicants must fill
in all fields unless stated otherwise on
the forms. If information is copied into
the supplemental form from another
source, applicants should verify that
pasted text is fully captured on the
supplemental form and has not been
truncated by the character limits built
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into the form. Applicants should use
both the ‘‘Check Package for Errors’’ and
the ‘‘Validate Form’’ validation buttons
on both forms to check all required
fields on the forms, and ensure that the
Federal and local amounts specified are
consistent. Applicants should enter
their information in the supplemental
form (fillable PDF) that is made
available on FTA’s website or through
the GRANTS.GOV application package,
and should attach this to the application
in its original format. Applicants should
not use scanned versions of the form,
‘‘print’’ the form to PDF, convert or
create a version using another text
editor, etc.
b. Application Content
The SF–424 Application for Federal
Assistance and the supplemental form
will prompt applicants for the required
information, including:
i. Applicant name
ii. Dun and Bradstreet (D&B) Data
Universal Numbering System
(DUNS) number
iii. Key contact information (including
contact name, address, email
address, and phone)
iv. Congressional district(s) where
project will take place
v. Project information (including title,
an executive summary, and type)
vi. A detailed description of the need for
the project
vii. A detailed description on how the
project will support either
Program’s objectives
viii. Evidence that the project is
consistent with local and regional
planning documents
ix. Evidence that the applicant can
provide the local cost share
x. A description of the technical, legal,
and financial capacity of the
applicant
xi. A detailed project budget
xii. An explanation of the scalability of
the project
xiii. Details on the local matching funds
xiv. A detailed project timeline
3. Unique Entity Identifier and System
for Award Management (SAM)
Each applicant is required to: (1) Be
registered in SAM before submitting an
application; (2) provide a valid unique
entity identifier in its application; and
(3) continue to maintain an active SAM
registration with current information at
all times during which the applicant has
an active Federal award or an
application or plan under consideration
by FTA. These requirements do not
apply if the applicant has an exemption
approved by FTA pursuant to 2 CFR
25.110(c), or is otherwise excepted from
registration requirements. FTA may not
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make an award until the applicant has
complied with all applicable unique
entity identifier and SAM requirements.
If an applicant has not fully complied
with the requirements by the time FTA
is ready to make an award, FTA may
determine that the applicant is not
qualified to receive an award and use
that determination as a basis for making
a Federal award to another applicant.
All applicants must provide a unique
entity identifier provided by SAM.
Registration in SAM may take as little
as 3–5 business days, but since there
could be unexpected steps or delays (for
example, if there is a need to obtain an
Employer Identification Number), FTA
recommends allowing ample time, up to
several weeks, for completion of all
steps. For additional information on
obtaining a unique entity identifier,
please visit www.sam.gov.
4. Submission Dates and Times
Project proposals must be submitted
electronically through GRANTS.GOV by
11:59 p.m. Eastern time on May 31,
2022. GRANTS.GOV attaches a time
stamp to each application at the time of
submission. Proposals submitted after
the deadline will only be considered
under extraordinary circumstances not
under the applicant’s control. Mail and
fax submissions will not be accepted.
Within 48 hours after submitting an
electronic application, the applicant
should receive an email message from
GRANTS.GOV with confirmation of
successful transmission to
GRANTS.GOV. If a notice of failed
validation or incomplete materials is
received, the applicant must address the
reason for the failed validation, as
described in the email notice, and
resubmit before the submission
deadline. If making a resubmission for
any reason, include all original
attachments regardless of which
attachments were updated and check
the box on the supplemental form
indicating this is a resubmission.
FTA urges applicants to submit
applications at least 72 hours prior to
the due date to allow time to receive the
validation messages and to correct any
problems that may have caused a
rejection notification. GRANTS.GOV
scheduled maintenance and outage
times are announced on the
GRANTS.GOV website. Deadlines will
not be extended due to scheduled
website maintenance.
Applicants are encouraged to begin
the process of registration on the
GRANTS.GOV site well in advance of
the submission deadline. Registration is
a multi-step process, which may take
several weeks to complete before an
application can be submitted. Registered
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applicants may still be required to take
steps to keep their registrations up to
date before submissions can be made
successfully. For example, (1)
registration in SAM is renewed
annually, and (2) persons making
submissions on behalf of the Authorized
Organization Representative (AOR)
must be authorized in GRANTS.GOV by
the AOR to make submissions.
5. Funding Restrictions
Funds under this NOFO cannot be
used to reimburse applicants for
otherwise eligible expenses incurred
prior to FTA award of a grant agreement
until FTA has issued pre-award
authority for selected projects. FTA will
issue pre-award authority to incur costs
for selected projects beginning on the
date that project selections are
announced. FTA does not provide preaward authority for competitive funds
until projects are selected, and even
then, there are Federal requirements
that must be met before costs are
incurred. FTA will issue specific
guidance to awardees regarding preaward authority at the time of selection.
For more information about FTA’s
policy on pre-award authority, please
see the most recent Apportionment
Notice on FTA’s website. Refer to
Section C.3., Eligible Projects, for
information on activities that are
allowable in this grant program.
Allowable direct and indirect expenses
must be consistent with the
Governmentwide Uniform
Administrative Requirements and Cost
Principles (2 CFR part 200) and FTA
Circular 5010.1E. Funds may not be
used to support or oppose union
organizing.
6. Other Submission Requirements
All applications must be submitted
via the GRANTS.GOV website. FTA
does not accept applications on paper,
by fax machine, email, or other means.
For information on application
submission requirements, please see
Section D.1. of this notice, Address to
Request Application.
E. Application Review Information
1. Criteria
Projects will be evaluated primarily
on the responses provided in the
supplemental form. Additional
information may be provided to support
the responses; however, any additional
documentation must be directly
referenced on the supplemental form,
including the file name where the
additional information can be found.
FTA will evaluate proposals based on
the criteria described in this notice.
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Applicants are encouraged to identify
scaled funding options in case
insufficient funding is available to fund
a project at the full requested amount.
If an applicant indicates that a project
is scalable, the applicant must provide
an appropriate minimum funding
amount that will fund an eligible project
that achieves the objectives of the
program and meets all relevant program
requirements. The applicant must
provide a clear explanation of how the
project budget would be affected by a
reduced award. FTA may award a lesser
amount regardless of whether a scalable
option is provided.
If an applicant is proposing to deploy
autonomous vehicles or other
innovative motor vehicle technology,
the application should demonstrate that
all vehicles will comply with applicable
safety requirements, including those
administered by the National Highway
Traffic Safety Administration (NHTSA)
and Federal Motor Carrier Safety
Administration (FMCSA). Specifically,
the application should show that
vehicles acquired for the proposed
project will comply with applicable
Federal Motor Vehicle Safety Standards
(FMVSS) and Federal Motor Carrier
Safety Regulations (FMCSR). If the
vehicles may not comply, the
application should either (1) show that
the vehicles and their proposed
operations are within the scope of an
exemption or waiver that has already
been granted by NHTSA, FMCSA, or
both agencies or (2) directly address
whether the project will require
exemptions or waivers from the FMVSS,
FMCSR, or any other regulation and, if
the project will require exemptions or
waivers, present a plan for obtaining
them. FTA will also consider the extent
to which the application presents a plan
to address workforce impacts of
autonomous vehicles or other
innovative motor vehicle technology.
a. Demonstration of Need
Since the purpose of these programs
is to fund vehicles and facilities,
applications will be evaluated based on
the quality and extent to which they
demonstrate how the proposed project
will address an unmet need for capital
investment in vehicles and/or
supporting facilities. For example, an
applicant may demonstrate that it
requires additional or improved
charging or maintenance facilities for
low or no emission vehicles, that it
intends to replace existing vehicles that
have exceeded their minimum useful
life, or that it requires additional
vehicles to meet current ridership
demands or expand services to better
connect underserved communities.
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FTA will consider an applicant’s
responses to the following criteria when
assessing the need for capital
investment underlying the proposed
project:
For bus projects (replacement or
expansion): For replacement requests,
applicants must provide information on
the age, condition, and performance of
the vehicles to be replaced by the
proposed project. Vehicles to be
replaced must have met their minimum
useful life at the time of project
completion. For service expansion
requests, applicants must provide
information on the proposed service
expansion and the benefits for transit
riders and the community from the new
service. For all vehicle projects, the
proposal must address whether the
project conforms to FTA’s spare ratio
guidelines. Vehicles funded under these
programs are not exempt from FTA’s
standard spare ratio requirements,
which apply to and are calculated based
on the agency’s entire fleet. Applicants
that are introducing zero emission
vehicles into their fleet may consider
including vehicles that have already met
their minimum useful life in a
contingency fleet, which is not included
in the spare ratio calculation.
Additionally, applicants who may need
to exceed the spare ratio for a temporary
period are encouraged to work with
their FTA Regional Office to determine
what flexibilities may be afforded to
them and include reference to that in
their application.
For bus facility and equipment
projects (replacement, rehabilitation, or
expansion): For replacement requests,
applicants must provide information on
the age and condition of the asset to be
rehabilitated or replaced relative to its
minimum useful life. For expansion
requests, applicants must provide
information on the proposed expansion
and the reason that transit riders and the
community need the expansion.
b. Demonstration of Benefits
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i. Low or No Emissions Program
Applicants to the Low-No Program
must demonstrate how the proposed
project will support the statutory
requirements of the Low-No Program
(See 49 U.S.C. 5339(c)(5)(A)). In
particular, FTA will consider the quality
and extent to which applications
demonstrate how the proposed project
will: (1) Reduce Energy Consumption;
(2) Reduce Harmful Emissions; and (3)
Reduce Direct Carbon Emissions.
Reduce Energy Consumption:
Applicants must describe how the
proposed project will reduce energy
consumption. FTA will evaluate
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applications based on the degree to
which the proposed technology reduces
energy consumption as compared to
comparable standard vehicle propulsion
technologies.
Reduce Harmful Emissions:
Applicants must demonstrate how the
proposed vehicles or facility will reduce
the emission of particulates that create
local air pollution, which leads to local
environmental health concerns, smog,
and unhealthy ozone concentrations.
FTA will evaluate the rate of particulate
emissions by the proposed vehicles or
vehicles to be supported by the
proposed facility, compared to the
emissions from the vehicles that will be
replaced or moved to the contingency
fleet as a result of the proposed project,
as well as comparable standard buses.
Reduce Direct Carbon Emissions:
Applicants should demonstrate how the
proposed vehicles or facility will reduce
emissions of greenhouse gases from
transit vehicle operations. FTA will
evaluate the rate of direct carbon
emissions by the proposed vehicles or
vehicles to be supported by the
proposed facility, compared to the
emissions from the vehicles that will be
replaced or moved to the contingency
fleet as a result of the proposed project,
as well as comparable standard buses.
ii. Grants for Buses and Bus Facilities
Program
Applicants to the Buses and Bus
Facilities Program will be evaluated
based on how well they describe how
the proposed project will improve the
condition of, or otherwise modernize,
the transit system; improve the
reliability of transit service for its riders;
improve the resilience of transit
facilities, enhance access and mobility
within the service area, particularly for
low-income or underserved
communities; and expand accessibility
for people with disabilities.
System Condition: FTA will evaluate
the potential for replacement projects to
improve the condition of the transit
system by repairing or replacing assets
that are in poor condition or have
surpassed their minimum or intended
useful life benchmarks. Applicants may
describe the benefits of reducing
breakdowns and service interruptions,
mitigating safety risks, increasing
service performance, improving
resilience, and/or reducing the cost of
maintaining outdated vehicles, facilities
and equipment.
Enhanced Access and Mobility: FTA
will evaluate the potential for expansion
projects to improve access and mobility
for the transit riding public, particularly
for low-income and underserved
communities and people with
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disabilities, including improved
headways, creation of new
transportation choices, or eliminating
gaps in the current route network.
Proposed benefits should be based on
documented ridership demand, based
on indicators like area population
density, employment served, and
existing and planned affordable housing
in the corridor, and be well-described or
documented through a study or route
planning proposal.
Applicants that intend to apply to
both programs must submit information
that addresses the requirements of both
programs as described above.
c. Planning and Local or Regional
Prioritization
Applicants must demonstrate how the
proposed project is consistent with local
and regional long-range planning
documents and local government
priorities. FTA will evaluate
applications based on the quality and
extent to which they assess whether the
project is consistent with the transit
priorities identified in the long-range
plan for all proposals; contingency or
illustrative projects included in that
plan; or the locally developed human
services public transportation
coordinated plan. Applicants may
submit copies of the relevant pages of
such plans to support their application.
FTA will consider how the project will
support regional goals and applicants
may submit support letters from local
and regional planning organizations
attesting to the consistency of the
proposed project with these plans.
Evidence of additional local or
regional prioritization may include
letters of support for the project from
local government officials, public
agencies, and non-profit or private
sector supporters.
Applicants may also address how the
proposed project will impact overall
system performance, asset management
performance, or specific performance
measures tracked and monitored by the
applying entity to demonstrate how the
proposed project will address local and
regional planning priorities.
For applications related to zeroemission vehicles under either the LowNo or Buses and Bus Facilities
programs, applicants are required by
law (49 U.S.C. 5339(c)(3)(D)) to submit
a Zero-Emission Fleet Transition Plan.
This plan must be a separate document
from other local or regional planning
documents and must: (1) Demonstrate a
long-term fleet management plan with a
strategy for how the applicant intends to
use the current application and future
acquisitions; (2) address the availability
of current and future resources to meet
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costs for the transition and
implementation; (3) consider policy and
legislation impacting relevant
technologies; (4) include an evaluation
of existing and future facilities and their
relationship to the technology
transition; (5) describe the partnership
of the applicant with the utility or
alternative fuel provider; and (6)
examine the impact of the transition on
the applicant’s current workforce by
identifying skill gaps, training needs,
and retraining needs of the existing
workers of the applicant to operate and
maintain zero emission vehicles and
related infrastructure and avoid the
displacement of the existing workforce.
FTA intends to continue to develop
technical assistance resources to assist
transit agencies in developing fleet
transition plans. As a first step, FTA has
worked with the Transit Workforce
Center to develop a template that transit
agencies may use related to the
workforce section of the fleet transition
plan. That template will be available at:
https://www.transit.dot.gov/funding/
grants/lowno. For agencies with smaller
fleets, a fleet transition plan need not be
complex and should be tailored as
applicable, but it still must address all
six elements. For applications from
State departments of transportation, the
state may either provide a fleet
transition plan that covers some or all
of the subrecipients, attach individual
plans developed by the subrecipients, or
a combination of both. FTA will rate a
zero-emission project higher than other
zero-emission projects if the applicant is
able to demonstrate how the proposed
project and fleet transition plan support
the conversion of the agency’s overall
fleet to zero emissions.
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d. Local Financial Commitment
Applicants must identify the source of
the local cost share and describe
whether such funds are currently
available for the project or will need to
be secured if the project is selected for
funding. FTA will consider the
availability of the local cost share as
evidence of local financial commitment
to the project. Applicants should submit
evidence of the availability of funds for
the project; for example, by including a
board resolution, letter of support from
the State, a budget document
highlighting the line item or section
committing funds to the proposed
project, or other documentation of the
source of local funds. FTA will
favorably view an applicant that
proposes to use grant funds only for the
incremental cost of new technologies
over the cost of replacing vehicles with
standard propulsion technologies.
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e. Project Implementation Strategy
FTA will rate projects higher if grant
funds can be obligated within 12
months of selection and the project can
be implemented within a reasonable
time frame. In assessing when funds can
be obligated, FTA will consider whether
the project qualifies for a Categorical
Exclusion (CE), or whether the required
environmental work has been initiated
or completed for projects that require an
Environmental Assessment (EA) or
Environmental Impact Statement (EIS)
under the National Environmental
Policy Act of 1969 (NEPA). As such,
applicants should submit information
describing the project’s anticipated path
and timeline through the environmental
review process for all proposals. The
proposal must state when grant funds
can be obligated and indicate the
timeframe under which the
Metropolitan Transportation
Improvement Program (TIP) and
Statewide Transportation Improvement
Program (STIP) can be amended to
include the proposed project.
In assessing whether the proposed
implementation plans are reasonable
and complete, FTA will review the
proposed project implementation plan,
including all necessary project
milestones and the overall project
timeline. For projects that will require
formal coordination, approvals, or
permits from other agencies or project
partners, the applicant must
demonstrate coordination with these
organizations and their support for the
project, such as through letters of
support.
Applicants that have identified a
cooperative procurement strategy listed
in Section 3019 of the Fixing America’s
Surface Transportation Act (49 U.S.C.
5325), are encouraged to describe the
method chosen as part of their
implementation plans and how such a
cooperative procurement will reduce
costs.
For proposals that involve a
partnership with a manufacturer,
vendor, consultant, or other third party,
applicants must identify by name any
project partners, including, but not
limited to, other transit agencies, bus
manufacturers, owners or operators of
related facilities, or any expert
consultants. Such partnerships are
permitted under Federal public
transportation law (49 U.S.C.
5339(b)(10), (c)(8)) only for applicants
proposing a low or no emission project
under both the Buses and Bus Facilities
Program and the Low-No Program, or for
applicants proposing only a low or no
emission project under the Low-No
program. FTA will evaluate the
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experience and capacity of the named
project partners to successfully
implement the proposed project based
on the partners’ experience and
qualifications. Applicants are advised to
submit information on the partners’
qualifications and experience as a part
of the application. Entities to be
involved in the project that are not
named in the application must be
selected through ordinary procurement
processes.
f. Technical, Legal, and Financial
Capacity
Applicants must demonstrate that
they have the technical, legal, and
financial capacity to undertake the
project.
FTA will review relevant oversight
assessments and records to determine
whether there are any outstanding legal,
technical, or financial issues with the
applicant that would affect the outcome
of the proposed project. Applicants with
outstanding legal, technical, or financial
compliance issues from an FTA
compliance review or Federal Transit
grant-related Single Audit finding must
explain how corrective actions taken
will mitigate negative impacts on the
proposed project.
2. Review and Selection Process
A technical evaluation committee will
evaluate proposals based on the
published evaluation criteria. FTA may
request additional information from
applicants, if necessary. Based on the
review of the technical evaluation
committee, the FTA Administrator will
determine the final selection of projects
for program funding. In determining the
allocation of program funds, FTA may
consider geographic diversity, diversity
in the size of the transit systems
receiving funding, and the applicant’s
receipt of other competitive awards.
FTA may also consider capping the
amount a single applicant may receive.
After applying the above criteria, and
in support of Executive Order 14008,
Tackling the Climate Crisis at Home and
Abroad, and Executive Order 14052,
Implementation of the Infrastructure
Investment and Jobs Act, FTA will give
priority to additional considerations.
In further support of Executive Order
14008, FTA will give priority
consideration to applications under the
Buses and Bus Facilities Program that
are expected to create significant
community benefits relating to the
environment, including those projects
that incorporate low or no emission
technology or specific elements to
address greenhouse gas emissions and
climate change impacts. FTA
encourages applicants to demonstrate
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whether they have considered climate
change and environmental justice in
terms of the transportation planning
process or anticipated design
components with outcomes that address
climate change (e.g., resilience or
adaptation measures). The application
should describe what specific climate
change or environmental justice
activities have been incorporated,
including whether a project supports a
Climate Action Plan, whether an
equitable development plan has been
prepared, and whether tools such as
EPA’s EJSCREEN at: https://
www.epa.gov/ejscreen or DOT’s
Historically Disadvantaged Community
tool at Transportation Disadvantaged
Census Tracts (arcgis.com) have been
applied in project planning. Applicants
could also address how a project is
related to housing or land use reforms
to increase density to reduce climate
impacts. The application should also
describe specific and direct ways the
project will mitigate or reduce climate
change impacts including any
components that reduce emissions,
promote energy efficiency, incorporate
electrification or low emission or zero
emission vehicle infrastructure, increase
resiliency, recycle or redevelop existing
infrastructure, or if located in a
floodplain be constructed or upgraded
consistent with the Federal Flood Risk
Management Standard, to the extent
consistent with current law.
FTA also will give priority
consideration to applications that
advance racial equity in two areas: (1)
Planning and policies related to racial
equity and overcoming barriers to
opportunity; and (2) project investments
that either proactively address racial
equity and barriers to opportunity,
including automobile dependence as a
form of barrier, or redress prior
inequities and barriers to opportunity.
Applicants could also address how a
project is related to housing or land use
reforms to address historic barriers to
opportunity. This objective has the
potential to enhance environmental
stewardship and community
partnerships, and reflects Executive
Order 13985, Advancing Racial Equity
and Support for Underserved
Communities Through the Federal
Government. FTA encourages the
applicant to include sufficient
information to evaluate how the
applicant will advance racial equity and
address barriers to opportunity. The
applicant should describe any
transportation plans or policies related
to equity and barriers to opportunity
they are implementing or have
implemented in relation to the proposed
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project, along with the specific project
investment details necessary for FTA to
evaluate if the investments are being
made either proactively to advance
racial equity and address barriers to
opportunity or redress prior inequities
and barriers to opportunity. All project
investment costs for the project that are
related to racial equity and barriers to
opportunity should be summarized.
Applicants for facility projects should
also describe whether and how project
delivery and implementation create
good-paying jobs with the free and fair
choice to join a union to the greatest
extent possible, the use of demonstrated
strong labor standards, practices and
policies (including for direct employees,
contractors, and sub-contractors);
distribution of workplace rights notices;
the use of local and economic hiring
provisions; registered apprenticeships;
or other similar standards or practices;
or, for facility projects over $35 million,
the use of Project Labor Agreements.
Applicants should describe how
planned methods of project delivery and
implementation (for example, use of
Project Labor Agreements and/or local
and economic hiring provisions, and
training and placement programs for
underrepresented workers) provides
opportunities for all workers, including
workers underrepresented in
construction jobs to be trained and
placed in good-paying jobs directly
related to the project. FTA will give
priority consideration to projects that
create good paying jobs with the free
and fair choice to join a union and these
strong labor protections.
Amongst zero-emission applications,
FTA will give priority consideration to
zero-emission applicants that in the
development of the workforce section of
the fleet transition plan have consulted
with workforce representatives AND
identify the use of at least one of the
following in their plan (1) use of labormanagement partnerships for training;
(2) use of registered apprenticeship
training to support skilling of
incumbent and entry-level workers with
focus on using registered apprenticeship
to advance Black, Hispanic, Asian
American Native Hawaiian and Pacific
Islanders, tribal, women, and other
groups facing systemic barriers to
employment that may be
underrepresented in the current
workforce, especially in higher-paying
jobs; or (3) identification of how
reskilling workers for new fleets
advances broader strategy to retain,
retrain and recruit employees into good
paying jobs, with the choice to join a
union and equitable access to training
and support that helps workers to stay
retained in jobs.
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In support of Executive Order 14008,
DOT has been developing a geographic
definition of Historically Disadvantaged
Communities as part of its
implementation of the Justice40
Initiative. Consistent with OMB’s
Interim Guidance for the Justice40
Initiative, Historically Disadvantaged
Communities include (a) certain
qualifying census tracts, (b) any Tribal
land, or (c) any territory or possession
of the United States. DOT is providing
a mapping tool to assist applicants in
identifying whether a project is located
in a Historically Disadvantaged
Community Transportation
Disadvantaged Census Tracts
(arcgis.com). Use of this map tool is
optional; applicants may provide an
image of the map tool outputs, or
alternatively, consistent with OMB’s
Interim Guidance, applicants can
supply quantitative, demographic data
of their ridership demonstrating the
percentage of their ridership that meets
the criteria described in Executive Order
14008 for disadvantage. Examples of
Historically Disadvantaged
Communities that an applicant could
address using geographic or
demographic information include low
income, high and/or persistent poverty,
high unemployment and
underemployment, racial and ethnic
residential segregation, linguistic
isolation, or high housing cost burden
and substandard housing. Additionally,
in support of the Justice40 Initiative, the
applicant also should provide evidence
of strategies that the applicant has used
in the planning process to seek out and
consider the needs of those historically
disadvantaged and underserved by
existing transportation systems. For
technical assistance using the mapping
tool, please contact GMO@dot.gov.
Due to funding limitations, projects
that are selected for funding may receive
less than the amount originally
requested, even if an application did not
present a scaled project option. In those
cases, applicants must be able to
demonstrate that the proposed projects
are still viable and can be completed
with the amount awarded.
3. Integrity and Performance Review
Prior to making an award with a total
amount of Federal share greater than the
simplified acquisition threshold
(currently $10,000), FTA is required to
review and consider any information
about the applicant that is in the Federal
Awardee Performance and Integrity
Information Systems (FAPIIS) accessible
through SAM. An applicant may review
and comment on information about
itself that a Federal awarding agency
previously entered. FTA will consider
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any comments by the applicant, in
addition to the other information in
FAPIIS, in making a judgment about the
applicant’s integrity, business ethics,
and record of performance under
Federal awards when completing the
review of risk posed by applicants as
described in 2 CFR 200.206.
F. Federal Award Administration
Information
1. Federal Award Notices
FTA will announce the final project
selections on the FTA website. Selectees
should contact their FTA Regional
Offices for additional information
regarding allocations for projects. At the
time the project selections are
announced, FTA will extend pre-award
authority for the selected projects (see
Section D.5 of this notice for more
information). There is no blanket preaward authority for these projects before
announcement.
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2. Administrative and National Policy
Requirements
a. Grant Requirements
If selected, awardees will apply for a
grant through FTA’s Transit Award
Management System (TrAMS).
Recipients of funding in urban areas are
subject to the grant requirements of the
Urbanized Area Formula Grants
program (49 U.S.C. 5307), including
those of FTA Circular ‘‘Urbanized Area
Formula Program: Program Guidance
and Application Instructions’’
(FTA.C.9030.1E). Recipients of funding
in rural areas are subject to the grant
requirements of the Formula Grants for
Rural Areas Program (49 U.S.C. 5311),
including those of FTA Circular
‘‘Formula Grants for Rural Areas:
Program Guidance and Application
Instructions’’ (FTA.C.9040.1G). All
recipients must accept the FTA Master
Agreement and follow FTA Circular
‘‘Award Management Requirements’’
(FTA.C.5010.1E) and the labor
protections required by Federal public
transportation law (49 U.S.C. 5333(b)).
Technical assistance regarding these
requirements is available from each FTA
regional office.
By submitting a grant application, the
applicant assures that it will comply
with all applicable Federal statutes,
regulations, executive orders, directives,
FTA circulars and other Federal
administrative requirements in carrying
out any project supported by the FTA
grant, including the Davis-Bacon Act (40
U.S.C. 3141–3144, and 3146–3148) as
supplemented by Department of Labor
regulations (29 CFR part 5, ‘‘Labor
Standards Provisions Applicable to
Contracts Covering Federally Financed
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and Assisted Construction’’). Further,
the applicant acknowledges that it is
under a continuing obligation to comply
with the terms and conditions of the
grant agreement issued for its project
with FTA. The applicant understands
that Federal laws, regulations, policies,
and administrative practices might be
modified from time to time and may
affect the implementation of the project.
The applicant agrees that the most
recent Federal requirements will apply
to the project, unless FTA issues a
written determination otherwise. The
applicant must submit the Certifications
and Assurances before receiving a grant
if it does not have current certifications
on file.
Applicants for the Buses and Bus
Facilities Program are encouraged to
utilize the innovative procurement
practices found in Section 3019 of the
Fixing America’s Surface Transportation
Act (49 U.S.C. 5325). Please see details
at https://www.transit.dot.gov/funding/
grants/innovative-procurement-leasingfact-sheet-section-3019. If selected for
funding, any project that purchases
fewer than five buses through a
standalone procurement must provide a
written explanation why the tools
authorized under Section 3019 were not
utilized.
As authorized by Section 25019 of the
BIL, applicants are encouraged to
implement a local or other geographical
or economic hiring preference relating
to the use of labor for construction of a
project funded by the grant, including
prehire agreements, subject to any
applicable State and local laws, policies,
and procedures.
b. Buy America and Domestic
Preferences for Infrastructure Projects
All capital procurements must
comply with FTA’s Buy America
requirements (49 U.S.C. 5323(j)), which
require that all iron, steel, and
manufactured products be produced in
the United States, and imposes
minimum domestic content and final
assembly requirements for rolling stock.
The cost of rolling stock components
and subcomponents produced in the
United States must be more than 70
percent of the cost of all components,
and final assembly of rolling stock must
occur in the United States. Any
proposal that will require a waiver must
identify the items for which a waiver
will be sought in the application.
Applicants should not proceed with the
expectation that waivers will be granted.
c. Disadvantaged Business Enterprise
Recipients of planning, capital, or
operating assistance that will award
prime contracts (excluding transit
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vehicle purchases), the cumulative total
of which exceeds $250,000 in FTA
funds in a Federal fiscal year, must
comply with the Disadvantaged
Business Enterprise (DBE) program
regulations (49 CFR part 26).
To be eligible to bid on any FTAassisted vehicle procurement, entities
that manufacture transit vehicles or
perform post-production alterations or
retrofitting must be certified Transit
Vehicle Manufacturers (TVM). If a
vehicle remanufacturer is responding to
a solicitation for new or remanufactured
vehicles with a vehicle to which the
remanufacturer has provided postproduction alterations or retro-fitting
(e.g., replacing major components such
as engine to provide a ‘‘like new’’
vehicle), the vehicle remanufacturer
must be a certified TVM.
The TVM rule requires that, prior to
bidding on any FTA-assisted vehicle
procurement, manufacturers of transit
vehicles submit a DBE Program plan
and annual goal methodology to FTA.
FTA then will issue a TVM concurrence
and certification letter. Grant recipients
must verify each manufacturer’s TVM
status before accepting its bid. A list of
compliant, certified TVMs is posted on
FTA’s website at www.transit.dot.gov/
TVM. Recipients should contact FTA
before accepting a bid from a
manufacturer not on this list. In lieu of
using a certified TVM, a recipient may
establish project-specific DBE goals for
its vehicle procurement. FTA will
provide additional guidance as grants
are awarded. For more information on
DBE requirements, please contact
Monica McCallum, FTA Office of Civil
Rights, 206–220–7519,
Monica.McCallum@dot.gov.
d. Planning
FTA encourages applicants to notify
the appropriate State Departments of
Transportation and Metropolitan
Planning Organizations (MPOs) in areas
likely to be served by the project funds
made available under this program.
Selected projects must be incorporated
into the long-range plans and
transportation improvement programs of
States and metropolitan areas before
they are eligible for FTA funding.
3. Reporting
Post-award reporting requirements
include the electronic submission of
Federal Financial Reports and Milestone
Progress Reports in FTA’s electronic
grants management system. Recipients
of funds made available through this
NOFO are also required to regularly
submit data to the National Transit
Database. Recipients should include any
goals, targets, and indicators referenced
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Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
in their applications in the Executive
Summary of the TrAMS application.
FTA is committed to making
evidence-based decisions guided by the
best available science and data. In
accordance with the Foundations for
Evidence-based Policymaking Act of
2018 (Evidence Act), FTA may use
information submitted in discretionary
funding applications; information in
FTA’s Transit Award Management
System (TrAMS), including grant
applications, Milestone Progress Reports
(MPRs), Federal Financial Reports
(FFRs); transit service, ridership and
operational data submitted in FTA’s
National Transit Database;
documentation and results of FTA
oversight reviews, including triennial
and state management reviews; and
other publicly available sources of data
to build evidence to support policy,
budget, operational, regulatory, and
management processes and decisions
affecting FTA’s grant programs.
As part of completing the annual
certifications and assurances required of
FTA grant recipients, a successful
applicant must report on the suspension
or debarment status of itself and its
principals. If the award recipient’s
active grants, cooperative agreements,
and procurement contracts from all
Federal awarding agencies exceeds
$10,000,000 for any period of time
during the period of performance of an
award made pursuant to this Notice, the
recipient must comply with the
Recipient Integrity and Performance
Matters reporting requirements
described in Appendix XII to 2 CFR part
200.
lotter on DSK11XQN23PROD with NOTICES1
G. Federal Awarding Agency Contacts
For further information concerning
this notice, please contact the Low-No/
Bus grant program staff via email at
ftalownobusnofo@dot.gov, or call Amy
Volz, by phone at 202–366–7484. A
TDD is available for individuals who are
deaf or hard of hearing at 800–877–
8339. In addition, FTA will post
answers to questions and requests for
clarifications on FTA’s website at
https://www.transit.dot.gov. To ensure
applicants receive accurate information
about eligibility or the program,
applicants are encouraged to contact
FTA with questions directly, rather than
through intermediaries or third parties.
For issues with GRANTS.GOV, please
contact GRANTS.GOV by phone at 1–
800–518–4726 or by email at support@
grants.gov. Contact information for
FTA’s regional offices can be found on
FTA’s website at www.fta.dot.gov.
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H. Other Information
User-friendly information and
resources regarding DOT’s discretionary
grant programs relevant to rural
applicants can be found on the Rural
Opportunities to Use Transportation for
Economic Success (ROUTES) website at
www.transportation.gov/rural.
This program is not subject to
Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs.’’
Nuria I. Fernandez,
Administrator.
[FR Doc. 2022–04621 Filed 3–3–22; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Notice of Funding Opportunity for
America’s Marine Highway Projects
Maritime Administration,
Department of Transportation.
ACTION: Notice of funding opportunity.
AGENCY:
This notice announces the
availability of funding for grants and
establishes selection criteria and
application requirements for the
America’s Marine Highway Program
(‘‘AMHP’’). The purpose of this program
is to make grants available to previously
designated Marine Highway Projects
that support the development and
expansion of documented vessels or
port and landside infrastructure. The
U.S. Department of Transportation
(‘‘DOT’’ or ‘‘Department’’) also seeks
eligible grant projects that will
strengthen American supply chains. The
Department will award Marine Highway
Grants to implement projects or
components of projects previously
designated by the Secretary of
Transportation (‘‘Secretary’’) under the
AMHP. Only Marine Highway Projects
the Secretary designates before the
Notice of Funding Opportunity
(‘‘NOFO’’) closing date are eligible for
funding as described in this notice.
DATES: Grant applications must be
received by the Maritime
Administration (‘‘MARAD’’) by 5:00
p.m. E.D.T. on April 29, 2022.
ADDRESSES: Grant applications must be
submitted electronically using
Grants.gov (https://www.grants.gov).
Please be aware that you must complete
the Grants.gov registration process
before submitting your application and
that the registration process usually
takes 2 to 4 weeks to complete.
Applicants are strongly encouraged to
SUMMARY:
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12537
make submissions in advance of the
deadline.
FOR FURTHER INFORMATION CONTACT: Fred
Jones, Office of Ports & Waterways
Planning, Room W21–311, Maritime
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590,
phone 202–366–1123, or email
Fred.Jones@dot.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
business hours. The FIRS is available
twenty-four hours a day, seven days a
week, to leave a message or question
with the above individual. You will
receive a reply during regular business
hours.
SUPPLEMENTARY INFORMATION: Each
section of this notice contains
information and instructions relevant to
the Marine Highway Grants application
process. All applicants should read this
notice in its entirety so that they have
the information they need to submit
eligible and competitive applications.
Applications received after the deadline
will not be considered except in the
case of unforeseen technical difficulties
as outlined below in Section D.6.
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
A. Program Description
The Secretary, in accordance with 46
U.S.C. 55601, established a marine
highway transportation grant program to
implement projects or components of
designated Marine Highway Projects
that provide a coordinated and capable
alternative to landside transportation or
that promote marine highway
transportation. The primary goal of the
AMHP is to expand the use of the
nation’s navigable waters to relieve
landside congestion, reduce air
emissions, and generate other public
benefits by increasing the efficiency of
the surface transportation system, and
Marine Highway Grants will be awarded
to further this purpose.
The Infrastructure Investment and
Jobs Act (Pub. L. 117–58, November 15,
2021) (‘‘Bipartisan Infrastructure Law’’
or ‘‘BIL’’) appropriated $25,000,000 to
be awarded by the Department for
Marine Highway Grants. The grant
funds currently available are for projects
related to vessels documented under 46
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Agencies
[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12528-12537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04621]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2022 Competitive Funding Opportunity: Low or No Emission Grant
Program and the Grants for Buses and Bus Facilities Competitive Program
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of Funding Opportunity (NOFO).
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for approximately $1.1 billion in competitive
grants under the fiscal year (FY) 2022 Low or No Emission Grant Program
(Low-No Program) (Federal Assistance Listing: 20.526) and approximately
$372 million in FY 2022 funds under the Grants for Buses and Bus
Facilities Program (Buses and Bus Facilities Program) (Federal
Assistance Listing 20.526), subject to availability of appropriated
funding.
DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time on May 31,
2022. Prospective applicants should initiate the process by registering
on the GRANTS.GOV website promptly to ensure completion of the
application process before the submission deadline.
ADDRESSES: Instructions for applying can be found on FTA's website at
https://www.transit.dot.gov/howtoapply and in the ``FIND'' module of
GRANTS.GOV. The funding opportunity ID is FTA-2022-001-TPM-LWNO for
Low-No applications and FTA-2022-002-TPM-BUSC for Buses and Bus
Facilities applications. Please note, if an application is choosing to
apply to both programs, the applicant must submit a GRANTS.GOV package
to each opportunity ID. Mail and fax submissions will not be accepted.
FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, please contact the Low-No/Bus grant program staff via
email at [email protected], or call Amy Volz at 202-366-7484.
SUPPLEMENTARY INFORMATION: As required by Federal public transportation
law, Low or No Emission Grant Program funds will be awarded
competitively for the purchase or lease of low or no emission vehicles
that use advanced technologies for transit revenue operations,
including related equipment or facilities. As required by Federal
public transportation law, Buses and Bus Facilities Program funds will
be
[[Page 12529]]
awarded competitively to assist in the financing of capital projects to
replace, rehabilitate, purchase or lease buses and related equipment,
and to rehabilitate, purchase, construct or lease bus-related
facilities. Zero-emission projects will include costs for workforce
development, unless the applicant certifies funds are not needed. In
general, projects may include costs incidental to the acquisition of
buses or to the construction of facilities, such as the costs of
related workforce development and training activities, and project
administration expenses. As these two programs have overlapping
eligibilities and must be implemented on the same timeline as required
by changes made by the Bipartisan Infrastructure Law (enacted as the
Infrastructure Investment and Jobs Act), FTA is publishing this joint
NOFO. Per Federal public transportation law, FTA will award grants for
these programs within 75 days after the date this solicitation expires
from funds available for award at that time. FTA may extend the
application deadline, and may award additional funding that is made
available to the programs prior to the announcement of project
selections. If during FY2022, additional funding is made available for
these programs after announcement of project selections, FTA may make
additional awards under a separate NOFO.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
This is a combined NOFO and announces the availability of FY 2022
funding for both the Low-No and the Buses and Bus Facilities Program.
Federal public transportation law (49 U.S.C. 5339(c)) authorizes
FTA to award grants for low or no emission bus projects through a
competitive process, as described in this notice. The Low-No Program
provides funding to State (including territories and Washington DC),
local governmental authorities, and tribal governments for the purchase
or lease of zero-emission and low-emission transit buses, including
acquisition, construction, and leasing of required supporting
facilities such as recharging, refueling, and maintenance facilities.
Federal public transportation law (49 U.S.C. 5339(b)) authorizes
FTA to award grants for the Buses and Bus Facilities Program through a
competitive process, as described in this notice. Grants under this
program are for capital projects to replace, rehabilitate, purchase, or
lease buses and related equipment, or to rehabilitate, purchase,
construct, or lease bus-related facilities.
These programs support FTA's priorities and objectives through
investments that (1) renew our transit systems; (2) reduce greenhouse
gas emissions from public transportation, (3) advance racial equity,
(4) maintain and create good-paying jobs with a free and fair choice to
join a union, and (5) connect communities. These programs also support
the President's Building a Better America initiative to mobilize
American ingenuity to build a modern infrastructure and an equitable,
clean energy future. In addition, this NOFO will advance the goals of
the President's January 20, 2021, Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad and Executive Order 13985, Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government.
B. Federal Award Information
Federal public transportation law (49 U.S.C. 5338(a)(2)(N))
authorizes $71,561,189 in FY 2022 for the Low-No Program. The 2021
Bipartisan Infrastructure Law (BIL) (enacted as the Infrastructure
Investment and Jobs Act, Pub. L. 117-58) appropriated an additional
$1,029,000,000 for FY 2022 grants, for a total of $1,100,561,189 for
grants under the Low-No program, subject to the availability of FY 2022
appropriated funding. Additional funds made available prior to project
selection may be allocated to eligible projects. If during FY2022,
additional funding is made available for this program after
announcement of project selections, FTA may issue another NOFO and make
additional awards.
As required by Federal public transportation law (49 U.S.C.
5339(c)(5)), a minimum of 25 percent of the amount awarded under the
Low-No Program will be awarded to low emission projects other than zero
emission vehicles and related facilities. In FY 2021, the program
received applications for 187 projects requesting a total of $917
million. Forty-nine projects were funded at a total of $182 million.
Federal public transportation law (49 U.S.C. 5338(a)(2)(N))
authorizes $375,696,244 in FY 2022 funds for the Buses and Bus
Facilities Program. After the oversight takedown of $3,354,431, FTA is
announcing the availability of $372,341,813 for the Buses and Bus
Facilities Program through this notice, subject to availability of FY
2022 appropriated funding. Additional funds made available prior to
project selection may be allocated to eligible projects. If during
FY2022, additional funding is made available for this program after
announcement of project selections, FTA may make additional awards
under a separate NOFO.
As required by Federal public transportation law at 49 U.S.C.
5339(b)(5), a minimum of 15 percent of the amount awarded under the
Buses and Bus Facilities Program will be awarded to projects located in
rural areas. As required by 49 U.S.C. 5339(b)(8), no single grant
recipient will be awarded more than 10 percent of the amount made
available. In FY 2020, the program received applications for 282
projects requesting a total of $1.8 billion. Ninety-six projects were
funded at a total of $464 million.
An applicant may submit a low or no emissions project to both the
Buses and Bus Facilities Program and the Low-No Program, or submit the
project only to the Low-No Program or only to the Buses and Bus
Facilities Program. If a project submitted for consideration under both
programs is selected for funding, FTA will exercise its discretion to
determine under which program the project will receive an award. Please
note if submitting to both programs, a separate application package
must be submitted to each opportunity ID for the respective program
listed on GRANTS.GOV.
FTA may cap the amount a single recipient or State may receive as
part of the selection process for either program.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date FY 2022 project selections are announced
on FTA's website. Funds are available for obligation for three fiscal
years after the fiscal year in which the competitive awards are
announced. Funds are available only for eligible costs incurred after
announcement of project selections. FTA intends to fund as many
meritorious projects as possible.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants for the Low or No Emission Program include
designated recipients, States (including territories and Washington
DC), local governmental authorities, and Indian tribes. Proposals for
funding projects in rural (non-urbanized) areas, defined as an area
encompassing a population of less than 50,000 people that has not been
designated in the most recent decennial census as an ``urbanized area''
[[Page 12530]]
by the Secretary of Commerce may be submitted as part of a consolidated
State proposal. To be considered eligible, applicants must be able to
demonstrate the requisite legal, financial, and technical capabilities
to receive and administer Federal funds under this program. Assistance
on this requirement is available from FTA's Regional Offices.
Eligible applicants for the Buses and Bus Facilities Program
include designated recipients that allocate funds to fixed route bus
operators, States (including territories and Washington DC) or local
governmental entities that operate fixed route bus service, and Indian
tribes. Eligible subrecipients include all otherwise eligible
applicants and also private nonprofit organizations engaged in public
transportation.
Except for projects proposed by Indian tribes, all proposals for
projects in rural (non-urbanized) areas must be submitted by a State,
either individually or as a part of a statewide application. States and
other eligible applicants also may submit consolidated proposals for
projects in urbanized areas. The submission of a statewide or
consolidated urbanized area application does not preclude any other
eligible recipients in an urbanized area or in a State from also
submitting a separate application. Proposals may contain projects to be
implemented by the recipient or its subrecipients.
As permitted under Federal public transportation law (49 U.S.C.
5339(b)(10), (c)(8)), an applicant proposing a low or no emission
project under both the Buses and Bus Facilities Program and the Low-No
Program, or an applicant proposing only a low or no emission project
under the Low-No program, may include partnerships with other entities
that intend to participate in the implementation of the project,
including, but not limited to, specific vehicle manufacturers,
equipment vendors, owners or operators of related facilities, or
project consultants. If an application that involves such a partnership
is selected for funding, the project will be deemed to satisfy the
requirement for a competitive procurement under 49 U.S.C. 5325(a) for
the named entities. Applicants are advised that any changes to the
proposed partnership will require FTA written approval, must be
consistent with the scope of the approved project, and may necessitate
a competitive procurement.
2. Cost Sharing or Matching
The maximum Federal share for projects that involve leasing or
acquiring transit buses (including clean fuel or alternative fuel
vehicles) for purposes of complying with or maintaining compliance with
the Clean Air Act (CAA) or the Americans with Disabilities Act (ADA) of
1990 is 85 percent of the net project cost.
The maximum Federal share for the cost of acquiring, installing, or
constructing vehicle-related equipment or facilities (including clean
fuel or alternative fuel vehicle-related equipment or facilities) for
purposes of complying with or maintaining compliance with the CAA or
ADA is 90 percent of the net project cost of such equipment or
facilities that are attributable to compliance with the CAA or ADA. The
award recipient must itemize the cost of specific, discrete, vehicle-
related equipment associated with compliance with the CAA to be
eligible for the maximum 90 percent Federal share for these costs.
The Federal share of the cost of other projects shall not exceed 80
percent.
Eligible sources of match include the following: Cash from non-
Government sources other than revenues from providing public
transportation services; revenues derived from the sale of advertising
and concessions; amounts received under a service agreement with a
State or local social service agency or private social service
organization; revenues generated from value capture financing
mechanisms; funds from an undistributed cash surplus; replacement or
depreciation cash fund or reserve; new capital; or in-kind
contributions. Transportation development credits or in-kind match may
be used for local match if identified and documented in the
application.
3. Eligible Projects
Under the Low-No Program (49 U.S.C. 5339(c)), eligible projects
include projects or programs of projects in an eligible area for: (1)
Purchasing or leasing low or no emission buses; (2) acquiring low or no
emission buses with a leased power source; (3) constructing or leasing
facilities and related equipment for low or no emission buses; (4)
constructing new public transportation facilities to accommodate low or
no emission buses; or (5) rehabilitating or improving existing public
transportation facilities to accommodate low or no emission buses (49
U.S.C. 5339(c)(1)(B)). As required by Federal public transportation law
(49 U.S.C. 5339(c)(5)), FTA will consider only eligible projects
relating to the acquisition or leasing of low or no emission buses or
bus facilities that make greater reductions in energy consumption and
harmful emissions than comparable standard buses or other low or no
emission buses. A single application may include both vehicle and
facility components, along with associated equipment and workforce
development plans.
A low or no emission bus is defined as a passenger vehicle used to
provide public transportation that sufficiently reduces energy
consumption or harmful emissions, including direct carbon emissions,
when compared to a standard vehicle. The statutory definition includes
zero emission transit buses, which are defined as buses that produce no
direct carbon emissions and no particulate matter emissions under any
and all possible operational modes and conditions. Examples of zero
emission bus technologies include, but are not limited to, hydrogen
fuel-cell buses, battery-electric buses, and rubber tire trolley buses
powered by overhead catenaries. All new transit bus models must
successfully complete FTA bus testing for production transit buses
pursuant to FTA's Bus Testing regulation (49 CFR part 665) in order to
be procured with funds awarded under the Low-No Program. All transit
vehicles must be procured from certified transit vehicle manufacturers
in accordance with the Disadvantaged Business Enterprise (DBE)
regulations (49 CFR part 26). The development or deployment of
prototype vehicles is not eligible for funding under the Low-No
Program.
Eligible projects for the Buses and Bus Facilities Program include
capital projects to replace, rehabilitate, purchase, or lease buses,
vans, or related equipment; or to rehabilitate, purchase, construct, or
lease bus-related facilities regardless of propulsion type or
emissions. A single application may include both vehicle and facility
components, along with associated equipment and workforce development
activities.
Recipients are permitted to use up to 0.5 percent of their
requested grant award for workforce development activities eligible
under Federal public transportation law (49 U.S.C. 5314(b)), including
on-the-job training, labor-management partnership training, and
registered apprenticeships, and an additional 0.5 percent for costs
associated with training at the National Transit Institute.
For applicants proposing projects related to zero-emission vehicles
for either program, 5 percent of the requested Federal award must be
used for workforce development to retrain the existing workforce and
develop the workforce of the future, including registered
apprenticeships and other joint labor-management training
[[Page 12531]]
programs, as outlined in the applicant's Zero-Emission Transition Plan
(see Section E(1)(c) of this notice), unless the applicant certifies
via the application that less funding is needed to carry out the Plan.
Applicants must identify the proposed use of funds for these activities
in the project proposal and identify them separately in the project
budget. These amounts are additional, not a take-down, from other
eligible project expenses. For example, if the total capital costs of
the vehicles and equipment was $95,000, an additional $5,000 should be
included in the budget for these expenses for a total project cost of
$100,000. Applicants are encouraged to discuss training needs with
their workforce and to develop training plans in collaboration with
unions and other workforce representatives, as well as with workforce
boards, community colleges, and other workforce organizations.
Applicants that propose not to use the full five percent available must
include an explanation as to why the funds are not needed. Absent an
explanation, a zero-emission application that does not include 5
percent of its project budget for workforce development will be deemed
ineligible.
If a single project proposal involves multiple public
transportation providers, such as when an agency acquires vehicles that
will be operated by another agency, the proposal must include a
detailed statement regarding the role of each public transportation
provider in the implementation of the project.
D. Application and Submission Information
1. Address To Request Application Package
Applications must be submitted electronically through GRANTS.GOV.
General information for accessing and submitting applications through
GRANTS.GOV can be found at www.fta.dot.gov/howtoapply along with
specific instructions for the forms and attachments required for
submission. Mail or fax submissions of completed proposals will not be
accepted. A complete proposal submission for each program consists of
two forms: The SF-424 Application for Federal Assistance (available at
GRANTS.GOV) and the supplemental form for the FY 2022 Low-No and Buses
and Bus Facilities Programs (downloaded from GRANTS.GOV or the FTA
website at https://www.transit.dot.gov/funding/grants/lowno). The same
supplemental form will be used to apply to either program or both
programs. However, please note that if an applicant is applying to both
programs they must submit the materials through each of the GRANTS.GOV
opportunity ID's listed for each program. Failure to submit the
information as requested can delay review or disqualify the
application.
2. Content and Form of Application Submission
a. Proposal Submission
A complete proposal submission for each program consists of two
forms: (1) The SF-424 Application for Federal Assistance; and (2) the
supplemental form for the FY 2022 Low-No and Buses and Bus Facilities
Programs. The supplemental form and any supporting documents must be
attached to the ``Attachments'' section of the SF-424. The application
must include responses to all sections of the SF-424 Application for
Federal Assistance and the supplemental form, unless indicated as
optional. The information on the supplemental form will be used to
determine applicant and project eligibility for the program, and to
evaluate the proposal against the selection criteria described in part
E of this notice.
FTA will accept only one supplemental form per SF-424 submission.
FTA encourages States and other applicants to consider submitting a
single supplemental form that includes multiple activities to be
evaluated as a consolidated proposal. If a State or other applicant
chooses to submit separate proposals for individual consideration by
FTA, each proposal must be submitted using a separate SF-424 and
supplemental form.
Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to letters of support,
project budgets, fleet status reports, or excerpts from relevant
planning documents. Applicants for zero-emission projects must attach
the fleet transition plan. Any supporting documentation must be
described and referenced by file name in the appropriate response
section of the supplemental form, or it may not be reviewed.
Information such as applicant name, Federal amount requested, local
match amount, description of areas served, etc. may be requested in
varying degrees of detail on both the SF-424 and supplemental form.
Applicants must fill in all fields unless stated otherwise on the
forms. If information is copied into the supplemental form from another
source, applicants should verify that pasted text is fully captured on
the supplemental form and has not been truncated by the character
limits built into the form. Applicants should use both the ``Check
Package for Errors'' and the ``Validate Form'' validation buttons on
both forms to check all required fields on the forms, and ensure that
the Federal and local amounts specified are consistent. Applicants
should enter their information in the supplemental form (fillable PDF)
that is made available on FTA's website or through the GRANTS.GOV
application package, and should attach this to the application in its
original format. Applicants should not use scanned versions of the
form, ``print'' the form to PDF, convert or create a version using
another text editor, etc.
b. Application Content
The SF-424 Application for Federal Assistance and the supplemental
form will prompt applicants for the required information, including:
i. Applicant name
ii. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
number
iii. Key contact information (including contact name, address, email
address, and phone)
iv. Congressional district(s) where project will take place
v. Project information (including title, an executive summary, and
type)
vi. A detailed description of the need for the project
vii. A detailed description on how the project will support either
Program's objectives
viii. Evidence that the project is consistent with local and regional
planning documents
ix. Evidence that the applicant can provide the local cost share
x. A description of the technical, legal, and financial capacity of the
applicant
xi. A detailed project budget
xii. An explanation of the scalability of the project
xiii. Details on the local matching funds
xiv. A detailed project timeline
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant is required to: (1) Be registered in SAM before
submitting an application; (2) provide a valid unique entity identifier
in its application; and (3) continue to maintain an active SAM
registration with current information at all times during which the
applicant has an active Federal award or an application or plan under
consideration by FTA. These requirements do not apply if the applicant
has an exemption approved by FTA pursuant to 2 CFR 25.110(c), or is
otherwise excepted from registration requirements. FTA may not
[[Page 12532]]
make an award until the applicant has complied with all applicable
unique entity identifier and SAM requirements. If an applicant has not
fully complied with the requirements by the time FTA is ready to make
an award, FTA may determine that the applicant is not qualified to
receive an award and use that determination as a basis for making a
Federal award to another applicant.
All applicants must provide a unique entity identifier provided by
SAM. Registration in SAM may take as little as 3-5 business days, but
since there could be unexpected steps or delays (for example, if there
is a need to obtain an Employer Identification Number), FTA recommends
allowing ample time, up to several weeks, for completion of all steps.
For additional information on obtaining a unique entity identifier,
please visit www.sam.gov.
4. Submission Dates and Times
Project proposals must be submitted electronically through
GRANTS.GOV by 11:59 p.m. Eastern time on May 31, 2022. GRANTS.GOV
attaches a time stamp to each application at the time of submission.
Proposals submitted after the deadline will only be considered under
extraordinary circumstances not under the applicant's control. Mail and
fax submissions will not be accepted.
Within 48 hours after submitting an electronic application, the
applicant should receive an email message from GRANTS.GOV with
confirmation of successful transmission to GRANTS.GOV. If a notice of
failed validation or incomplete materials is received, the applicant
must address the reason for the failed validation, as described in the
email notice, and resubmit before the submission deadline. If making a
resubmission for any reason, include all original attachments
regardless of which attachments were updated and check the box on the
supplemental form indicating this is a resubmission.
FTA urges applicants to submit applications at least 72 hours prior
to the due date to allow time to receive the validation messages and to
correct any problems that may have caused a rejection notification.
GRANTS.GOV scheduled maintenance and outage times are announced on the
GRANTS.GOV website. Deadlines will not be extended due to scheduled
website maintenance.
Applicants are encouraged to begin the process of registration on
the GRANTS.GOV site well in advance of the submission deadline.
Registration is a multi-step process, which may take several weeks to
complete before an application can be submitted. Registered applicants
may still be required to take steps to keep their registrations up to
date before submissions can be made successfully. For example, (1)
registration in SAM is renewed annually, and (2) persons making
submissions on behalf of the Authorized Organization Representative
(AOR) must be authorized in GRANTS.GOV by the AOR to make submissions.
5. Funding Restrictions
Funds under this NOFO cannot be used to reimburse applicants for
otherwise eligible expenses incurred prior to FTA award of a grant
agreement until FTA has issued pre-award authority for selected
projects. FTA will issue pre-award authority to incur costs for
selected projects beginning on the date that project selections are
announced. FTA does not provide pre-award authority for competitive
funds until projects are selected, and even then, there are Federal
requirements that must be met before costs are incurred. FTA will issue
specific guidance to awardees regarding pre-award authority at the time
of selection. For more information about FTA's policy on pre-award
authority, please see the most recent Apportionment Notice on FTA's
website. Refer to Section C.3., Eligible Projects, for information on
activities that are allowable in this grant program. Allowable direct
and indirect expenses must be consistent with the Governmentwide
Uniform Administrative Requirements and Cost Principles (2 CFR part
200) and FTA Circular 5010.1E. Funds may not be used to support or
oppose union organizing.
6. Other Submission Requirements
All applications must be submitted via the GRANTS.GOV website. FTA
does not accept applications on paper, by fax machine, email, or other
means. For information on application submission requirements, please
see Section D.1. of this notice, Address to Request Application.
E. Application Review Information
1. Criteria
Projects will be evaluated primarily on the responses provided in
the supplemental form. Additional information may be provided to
support the responses; however, any additional documentation must be
directly referenced on the supplemental form, including the file name
where the additional information can be found. FTA will evaluate
proposals based on the criteria described in this notice.
Applicants are encouraged to identify scaled funding options in
case insufficient funding is available to fund a project at the full
requested amount. If an applicant indicates that a project is scalable,
the applicant must provide an appropriate minimum funding amount that
will fund an eligible project that achieves the objectives of the
program and meets all relevant program requirements. The applicant must
provide a clear explanation of how the project budget would be affected
by a reduced award. FTA may award a lesser amount regardless of whether
a scalable option is provided.
If an applicant is proposing to deploy autonomous vehicles or other
innovative motor vehicle technology, the application should demonstrate
that all vehicles will comply with applicable safety requirements,
including those administered by the National Highway Traffic Safety
Administration (NHTSA) and Federal Motor Carrier Safety Administration
(FMCSA). Specifically, the application should show that vehicles
acquired for the proposed project will comply with applicable Federal
Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carrier Safety
Regulations (FMCSR). If the vehicles may not comply, the application
should either (1) show that the vehicles and their proposed operations
are within the scope of an exemption or waiver that has already been
granted by NHTSA, FMCSA, or both agencies or (2) directly address
whether the project will require exemptions or waivers from the FMVSS,
FMCSR, or any other regulation and, if the project will require
exemptions or waivers, present a plan for obtaining them. FTA will also
consider the extent to which the application presents a plan to address
workforce impacts of autonomous vehicles or other innovative motor
vehicle technology.
a. Demonstration of Need
Since the purpose of these programs is to fund vehicles and
facilities, applications will be evaluated based on the quality and
extent to which they demonstrate how the proposed project will address
an unmet need for capital investment in vehicles and/or supporting
facilities. For example, an applicant may demonstrate that it requires
additional or improved charging or maintenance facilities for low or no
emission vehicles, that it intends to replace existing vehicles that
have exceeded their minimum useful life, or that it requires additional
vehicles to meet current ridership demands or expand services to better
connect underserved communities.
[[Page 12533]]
FTA will consider an applicant's responses to the following
criteria when assessing the need for capital investment underlying the
proposed project:
For bus projects (replacement or expansion): For replacement
requests, applicants must provide information on the age, condition,
and performance of the vehicles to be replaced by the proposed project.
Vehicles to be replaced must have met their minimum useful life at the
time of project completion. For service expansion requests, applicants
must provide information on the proposed service expansion and the
benefits for transit riders and the community from the new service. For
all vehicle projects, the proposal must address whether the project
conforms to FTA's spare ratio guidelines. Vehicles funded under these
programs are not exempt from FTA's standard spare ratio requirements,
which apply to and are calculated based on the agency's entire fleet.
Applicants that are introducing zero emission vehicles into their fleet
may consider including vehicles that have already met their minimum
useful life in a contingency fleet, which is not included in the spare
ratio calculation. Additionally, applicants who may need to exceed the
spare ratio for a temporary period are encouraged to work with their
FTA Regional Office to determine what flexibilities may be afforded to
them and include reference to that in their application.
For bus facility and equipment projects (replacement,
rehabilitation, or expansion): For replacement requests, applicants
must provide information on the age and condition of the asset to be
rehabilitated or replaced relative to its minimum useful life. For
expansion requests, applicants must provide information on the proposed
expansion and the reason that transit riders and the community need the
expansion.
b. Demonstration of Benefits
i. Low or No Emissions Program
Applicants to the Low-No Program must demonstrate how the proposed
project will support the statutory requirements of the Low-No Program
(See 49 U.S.C. 5339(c)(5)(A)). In particular, FTA will consider the
quality and extent to which applications demonstrate how the proposed
project will: (1) Reduce Energy Consumption; (2) Reduce Harmful
Emissions; and (3) Reduce Direct Carbon Emissions.
Reduce Energy Consumption: Applicants must describe how the
proposed project will reduce energy consumption. FTA will evaluate
applications based on the degree to which the proposed technology
reduces energy consumption as compared to comparable standard vehicle
propulsion technologies.
Reduce Harmful Emissions: Applicants must demonstrate how the
proposed vehicles or facility will reduce the emission of particulates
that create local air pollution, which leads to local environmental
health concerns, smog, and unhealthy ozone concentrations. FTA will
evaluate the rate of particulate emissions by the proposed vehicles or
vehicles to be supported by the proposed facility, compared to the
emissions from the vehicles that will be replaced or moved to the
contingency fleet as a result of the proposed project, as well as
comparable standard buses.
Reduce Direct Carbon Emissions: Applicants should demonstrate how
the proposed vehicles or facility will reduce emissions of greenhouse
gases from transit vehicle operations. FTA will evaluate the rate of
direct carbon emissions by the proposed vehicles or vehicles to be
supported by the proposed facility, compared to the emissions from the
vehicles that will be replaced or moved to the contingency fleet as a
result of the proposed project, as well as comparable standard buses.
ii. Grants for Buses and Bus Facilities Program
Applicants to the Buses and Bus Facilities Program will be
evaluated based on how well they describe how the proposed project will
improve the condition of, or otherwise modernize, the transit system;
improve the reliability of transit service for its riders; improve the
resilience of transit facilities, enhance access and mobility within
the service area, particularly for low-income or underserved
communities; and expand accessibility for people with disabilities.
System Condition: FTA will evaluate the potential for replacement
projects to improve the condition of the transit system by repairing or
replacing assets that are in poor condition or have surpassed their
minimum or intended useful life benchmarks. Applicants may describe the
benefits of reducing breakdowns and service interruptions, mitigating
safety risks, increasing service performance, improving resilience,
and/or reducing the cost of maintaining outdated vehicles, facilities
and equipment.
Enhanced Access and Mobility: FTA will evaluate the potential for
expansion projects to improve access and mobility for the transit
riding public, particularly for low-income and underserved communities
and people with disabilities, including improved headways, creation of
new transportation choices, or eliminating gaps in the current route
network. Proposed benefits should be based on documented ridership
demand, based on indicators like area population density, employment
served, and existing and planned affordable housing in the corridor,
and be well-described or documented through a study or route planning
proposal.
Applicants that intend to apply to both programs must submit
information that addresses the requirements of both programs as
described above.
c. Planning and Local or Regional Prioritization
Applicants must demonstrate how the proposed project is consistent
with local and regional long-range planning documents and local
government priorities. FTA will evaluate applications based on the
quality and extent to which they assess whether the project is
consistent with the transit priorities identified in the long-range
plan for all proposals; contingency or illustrative projects included
in that plan; or the locally developed human services public
transportation coordinated plan. Applicants may submit copies of the
relevant pages of such plans to support their application. FTA will
consider how the project will support regional goals and applicants may
submit support letters from local and regional planning organizations
attesting to the consistency of the proposed project with these plans.
Evidence of additional local or regional prioritization may include
letters of support for the project from local government officials,
public agencies, and non-profit or private sector supporters.
Applicants may also address how the proposed project will impact
overall system performance, asset management performance, or specific
performance measures tracked and monitored by the applying entity to
demonstrate how the proposed project will address local and regional
planning priorities.
For applications related to zero-emission vehicles under either the
Low-No or Buses and Bus Facilities programs, applicants are required by
law (49 U.S.C. 5339(c)(3)(D)) to submit a Zero-Emission Fleet
Transition Plan. This plan must be a separate document from other local
or regional planning documents and must: (1) Demonstrate a long-term
fleet management plan with a strategy for how the applicant intends to
use the current application and future acquisitions; (2) address the
availability of current and future resources to meet
[[Page 12534]]
costs for the transition and implementation; (3) consider policy and
legislation impacting relevant technologies; (4) include an evaluation
of existing and future facilities and their relationship to the
technology transition; (5) describe the partnership of the applicant
with the utility or alternative fuel provider; and (6) examine the
impact of the transition on the applicant's current workforce by
identifying skill gaps, training needs, and retraining needs of the
existing workers of the applicant to operate and maintain zero emission
vehicles and related infrastructure and avoid the displacement of the
existing workforce. FTA intends to continue to develop technical
assistance resources to assist transit agencies in developing fleet
transition plans. As a first step, FTA has worked with the Transit
Workforce Center to develop a template that transit agencies may use
related to the workforce section of the fleet transition plan. That
template will be available at: https://www.transit.dot.gov/funding/grants/lowno. For agencies with smaller fleets, a fleet transition plan
need not be complex and should be tailored as applicable, but it still
must address all six elements. For applications from State departments
of transportation, the state may either provide a fleet transition plan
that covers some or all of the subrecipients, attach individual plans
developed by the subrecipients, or a combination of both. FTA will rate
a zero-emission project higher than other zero-emission projects if the
applicant is able to demonstrate how the proposed project and fleet
transition plan support the conversion of the agency's overall fleet to
zero emissions.
d. Local Financial Commitment
Applicants must identify the source of the local cost share and
describe whether such funds are currently available for the project or
will need to be secured if the project is selected for funding. FTA
will consider the availability of the local cost share as evidence of
local financial commitment to the project. Applicants should submit
evidence of the availability of funds for the project; for example, by
including a board resolution, letter of support from the State, a
budget document highlighting the line item or section committing funds
to the proposed project, or other documentation of the source of local
funds. FTA will favorably view an applicant that proposes to use grant
funds only for the incremental cost of new technologies over the cost
of replacing vehicles with standard propulsion technologies.
e. Project Implementation Strategy
FTA will rate projects higher if grant funds can be obligated
within 12 months of selection and the project can be implemented within
a reasonable time frame. In assessing when funds can be obligated, FTA
will consider whether the project qualifies for a Categorical Exclusion
(CE), or whether the required environmental work has been initiated or
completed for projects that require an Environmental Assessment (EA) or
Environmental Impact Statement (EIS) under the National Environmental
Policy Act of 1969 (NEPA). As such, applicants should submit
information describing the project's anticipated path and timeline
through the environmental review process for all proposals. The
proposal must state when grant funds can be obligated and indicate the
timeframe under which the Metropolitan Transportation Improvement
Program (TIP) and Statewide Transportation Improvement Program (STIP)
can be amended to include the proposed project.
In assessing whether the proposed implementation plans are
reasonable and complete, FTA will review the proposed project
implementation plan, including all necessary project milestones and the
overall project timeline. For projects that will require formal
coordination, approvals, or permits from other agencies or project
partners, the applicant must demonstrate coordination with these
organizations and their support for the project, such as through
letters of support.
Applicants that have identified a cooperative procurement strategy
listed in Section 3019 of the Fixing America's Surface Transportation
Act (49 U.S.C. 5325), are encouraged to describe the method chosen as
part of their implementation plans and how such a cooperative
procurement will reduce costs.
For proposals that involve a partnership with a manufacturer,
vendor, consultant, or other third party, applicants must identify by
name any project partners, including, but not limited to, other transit
agencies, bus manufacturers, owners or operators of related facilities,
or any expert consultants. Such partnerships are permitted under
Federal public transportation law (49 U.S.C. 5339(b)(10), (c)(8)) only
for applicants proposing a low or no emission project under both the
Buses and Bus Facilities Program and the Low-No Program, or for
applicants proposing only a low or no emission project under the Low-No
program. FTA will evaluate the experience and capacity of the named
project partners to successfully implement the proposed project based
on the partners' experience and qualifications. Applicants are advised
to submit information on the partners' qualifications and experience as
a part of the application. Entities to be involved in the project that
are not named in the application must be selected through ordinary
procurement processes.
f. Technical, Legal, and Financial Capacity
Applicants must demonstrate that they have the technical, legal,
and financial capacity to undertake the project.
FTA will review relevant oversight assessments and records to
determine whether there are any outstanding legal, technical, or
financial issues with the applicant that would affect the outcome of
the proposed project. Applicants with outstanding legal, technical, or
financial compliance issues from an FTA compliance review or Federal
Transit grant-related Single Audit finding must explain how corrective
actions taken will mitigate negative impacts on the proposed project.
2. Review and Selection Process
A technical evaluation committee will evaluate proposals based on
the published evaluation criteria. FTA may request additional
information from applicants, if necessary. Based on the review of the
technical evaluation committee, the FTA Administrator will determine
the final selection of projects for program funding. In determining the
allocation of program funds, FTA may consider geographic diversity,
diversity in the size of the transit systems receiving funding, and the
applicant's receipt of other competitive awards. FTA may also consider
capping the amount a single applicant may receive.
After applying the above criteria, and in support of Executive
Order 14008, Tackling the Climate Crisis at Home and Abroad, and
Executive Order 14052, Implementation of the Infrastructure Investment
and Jobs Act, FTA will give priority to additional considerations.
In further support of Executive Order 14008, FTA will give priority
consideration to applications under the Buses and Bus Facilities
Program that are expected to create significant community benefits
relating to the environment, including those projects that incorporate
low or no emission technology or specific elements to address
greenhouse gas emissions and climate change impacts. FTA encourages
applicants to demonstrate
[[Page 12535]]
whether they have considered climate change and environmental justice
in terms of the transportation planning process or anticipated design
components with outcomes that address climate change (e.g., resilience
or adaptation measures). The application should describe what specific
climate change or environmental justice activities have been
incorporated, including whether a project supports a Climate Action
Plan, whether an equitable development plan has been prepared, and
whether tools such as EPA's EJSCREEN at: https://www.epa.gov/ejscreen
or DOT's Historically Disadvantaged Community tool at Transportation
Disadvantaged Census Tracts (arcgis.com) have been applied in project
planning. Applicants could also address how a project is related to
housing or land use reforms to increase density to reduce climate
impacts. The application should also describe specific and direct ways
the project will mitigate or reduce climate change impacts including
any components that reduce emissions, promote energy efficiency,
incorporate electrification or low emission or zero emission vehicle
infrastructure, increase resiliency, recycle or redevelop existing
infrastructure, or if located in a floodplain be constructed or
upgraded consistent with the Federal Flood Risk Management Standard, to
the extent consistent with current law.
FTA also will give priority consideration to applications that
advance racial equity in two areas: (1) Planning and policies related
to racial equity and overcoming barriers to opportunity; and (2)
project investments that either proactively address racial equity and
barriers to opportunity, including automobile dependence as a form of
barrier, or redress prior inequities and barriers to opportunity.
Applicants could also address how a project is related to housing or
land use reforms to address historic barriers to opportunity. This
objective has the potential to enhance environmental stewardship and
community partnerships, and reflects Executive Order 13985, Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government. FTA encourages the applicant to include sufficient
information to evaluate how the applicant will advance racial equity
and address barriers to opportunity. The applicant should describe any
transportation plans or policies related to equity and barriers to
opportunity they are implementing or have implemented in relation to
the proposed project, along with the specific project investment
details necessary for FTA to evaluate if the investments are being made
either proactively to advance racial equity and address barriers to
opportunity or redress prior inequities and barriers to opportunity.
All project investment costs for the project that are related to racial
equity and barriers to opportunity should be summarized.
Applicants for facility projects should also describe whether and
how project delivery and implementation create good-paying jobs with
the free and fair choice to join a union to the greatest extent
possible, the use of demonstrated strong labor standards, practices and
policies (including for direct employees, contractors, and sub-
contractors); distribution of workplace rights notices; the use of
local and economic hiring provisions; registered apprenticeships; or
other similar standards or practices; or, for facility projects over
$35 million, the use of Project Labor Agreements. Applicants should
describe how planned methods of project delivery and implementation
(for example, use of Project Labor Agreements and/or local and economic
hiring provisions, and training and placement programs for
underrepresented workers) provides opportunities for all workers,
including workers underrepresented in construction jobs to be trained
and placed in good-paying jobs directly related to the project. FTA
will give priority consideration to projects that create good paying
jobs with the free and fair choice to join a union and these strong
labor protections.
Amongst zero-emission applications, FTA will give priority
consideration to zero-emission applicants that in the development of
the workforce section of the fleet transition plan have consulted with
workforce representatives AND identify the use of at least one of the
following in their plan (1) use of labor-management partnerships for
training; (2) use of registered apprenticeship training to support
skilling of incumbent and entry-level workers with focus on using
registered apprenticeship to advance Black, Hispanic, Asian American
Native Hawaiian and Pacific Islanders, tribal, women, and other groups
facing systemic barriers to employment that may be underrepresented in
the current workforce, especially in higher-paying jobs; or (3)
identification of how reskilling workers for new fleets advances
broader strategy to retain, retrain and recruit employees into good
paying jobs, with the choice to join a union and equitable access to
training and support that helps workers to stay retained in jobs.
In support of Executive Order 14008, DOT has been developing a
geographic definition of Historically Disadvantaged Communities as part
of its implementation of the Justice40 Initiative. Consistent with
OMB's Interim Guidance for the Justice40 Initiative, Historically
Disadvantaged Communities include (a) certain qualifying census tracts,
(b) any Tribal land, or (c) any territory or possession of the United
States. DOT is providing a mapping tool to assist applicants in
identifying whether a project is located in a Historically
Disadvantaged Community Transportation Disadvantaged Census Tracts
(arcgis.com). Use of this map tool is optional; applicants may provide
an image of the map tool outputs, or alternatively, consistent with
OMB's Interim Guidance, applicants can supply quantitative, demographic
data of their ridership demonstrating the percentage of their ridership
that meets the criteria described in Executive Order 14008 for
disadvantage. Examples of Historically Disadvantaged Communities that
an applicant could address using geographic or demographic information
include low income, high and/or persistent poverty, high unemployment
and underemployment, racial and ethnic residential segregation,
linguistic isolation, or high housing cost burden and substandard
housing. Additionally, in support of the Justice40 Initiative, the
applicant also should provide evidence of strategies that the applicant
has used in the planning process to seek out and consider the needs of
those historically disadvantaged and underserved by existing
transportation systems. For technical assistance using the mapping
tool, please contact [email protected].
Due to funding limitations, projects that are selected for funding
may receive less than the amount originally requested, even if an
application did not present a scaled project option. In those cases,
applicants must be able to demonstrate that the proposed projects are
still viable and can be completed with the amount awarded.
3. Integrity and Performance Review
Prior to making an award with a total amount of Federal share
greater than the simplified acquisition threshold (currently $10,000),
FTA is required to review and consider any information about the
applicant that is in the Federal Awardee Performance and Integrity
Information Systems (FAPIIS) accessible through SAM. An applicant may
review and comment on information about itself that a Federal awarding
agency previously entered. FTA will consider
[[Page 12536]]
any comments by the applicant, in addition to the other information in
FAPIIS, in making a judgment about the applicant's integrity, business
ethics, and record of performance under Federal awards when completing
the review of risk posed by applicants as described in 2 CFR 200.206.
F. Federal Award Administration Information
1. Federal Award Notices
FTA will announce the final project selections on the FTA website.
Selectees should contact their FTA Regional Offices for additional
information regarding allocations for projects. At the time the project
selections are announced, FTA will extend pre-award authority for the
selected projects (see Section D.5 of this notice for more
information). There is no blanket pre-award authority for these
projects before announcement.
2. Administrative and National Policy Requirements
a. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). Recipients of funding in urban areas
are subject to the grant requirements of the Urbanized Area Formula
Grants program (49 U.S.C. 5307), including those of FTA Circular
``Urbanized Area Formula Program: Program Guidance and Application
Instructions'' (FTA.C.9030.1E). Recipients of funding in rural areas
are subject to the grant requirements of the Formula Grants for Rural
Areas Program (49 U.S.C. 5311), including those of FTA Circular
``Formula Grants for Rural Areas: Program Guidance and Application
Instructions'' (FTA.C.9040.1G). All recipients must accept the FTA
Master Agreement and follow FTA Circular ``Award Management
Requirements'' (FTA.C.5010.1E) and the labor protections required by
Federal public transportation law (49 U.S.C. 5333(b)). Technical
assistance regarding these requirements is available from each FTA
regional office.
By submitting a grant application, the applicant assures that it
will comply with all applicable Federal statutes, regulations,
executive orders, directives, FTA circulars and other Federal
administrative requirements in carrying out any project supported by
the FTA grant, including the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR
part 5, ``Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction''). Further, the applicant
acknowledges that it is under a continuing obligation to comply with
the terms and conditions of the grant agreement issued for its project
with FTA. The applicant understands that Federal laws, regulations,
policies, and administrative practices might be modified from time to
time and may affect the implementation of the project. The applicant
agrees that the most recent Federal requirements will apply to the
project, unless FTA issues a written determination otherwise. The
applicant must submit the Certifications and Assurances before
receiving a grant if it does not have current certifications on file.
Applicants for the Buses and Bus Facilities Program are encouraged
to utilize the innovative procurement practices found in Section 3019
of the Fixing America's Surface Transportation Act (49 U.S.C. 5325).
Please see details at https://www.transit.dot.gov/funding/grants/innovative-procurement-leasing-fact-sheet-section-3019. If selected for
funding, any project that purchases fewer than five buses through a
standalone procurement must provide a written explanation why the tools
authorized under Section 3019 were not utilized.
As authorized by Section 25019 of the BIL, applicants are
encouraged to implement a local or other geographical or economic
hiring preference relating to the use of labor for construction of a
project funded by the grant, including prehire agreements, subject to
any applicable State and local laws, policies, and procedures.
b. Buy America and Domestic Preferences for Infrastructure Projects
All capital procurements must comply with FTA's Buy America
requirements (49 U.S.C. 5323(j)), which require that all iron, steel,
and manufactured products be produced in the United States, and imposes
minimum domestic content and final assembly requirements for rolling
stock. The cost of rolling stock components and subcomponents produced
in the United States must be more than 70 percent of the cost of all
components, and final assembly of rolling stock must occur in the
United States. Any proposal that will require a waiver must identify
the items for which a waiver will be sought in the application.
Applicants should not proceed with the expectation that waivers will be
granted.
c. Disadvantaged Business Enterprise
Recipients of planning, capital, or operating assistance that will
award prime contracts (excluding transit vehicle purchases), the
cumulative total of which exceeds $250,000 in FTA funds in a Federal
fiscal year, must comply with the Disadvantaged Business Enterprise
(DBE) program regulations (49 CFR part 26).
To be eligible to bid on any FTA-assisted vehicle procurement,
entities that manufacture transit vehicles or perform post-production
alterations or retrofitting must be certified Transit Vehicle
Manufacturers (TVM). If a vehicle remanufacturer is responding to a
solicitation for new or remanufactured vehicles with a vehicle to which
the remanufacturer has provided post-production alterations or retro-
fitting (e.g., replacing major components such as engine to provide a
``like new'' vehicle), the vehicle remanufacturer must be a certified
TVM.
The TVM rule requires that, prior to bidding on any FTA-assisted
vehicle procurement, manufacturers of transit vehicles submit a DBE
Program plan and annual goal methodology to FTA. FTA then will issue a
TVM concurrence and certification letter. Grant recipients must verify
each manufacturer's TVM status before accepting its bid. A list of
compliant, certified TVMs is posted on FTA's website at
www.transit.dot.gov/TVM. Recipients should contact FTA before accepting
a bid from a manufacturer not on this list. In lieu of using a
certified TVM, a recipient may establish project-specific DBE goals for
its vehicle procurement. FTA will provide additional guidance as grants
are awarded. For more information on DBE requirements, please contact
Monica McCallum, FTA Office of Civil Rights, 206-220-7519,
[email protected].
d. Planning
FTA encourages applicants to notify the appropriate State
Departments of Transportation and Metropolitan Planning Organizations
(MPOs) in areas likely to be served by the project funds made available
under this program. Selected projects must be incorporated into the
long-range plans and transportation improvement programs of States and
metropolitan areas before they are eligible for FTA funding.
3. Reporting
Post-award reporting requirements include the electronic submission
of Federal Financial Reports and Milestone Progress Reports in FTA's
electronic grants management system. Recipients of funds made available
through this NOFO are also required to regularly submit data to the
National Transit Database. Recipients should include any goals,
targets, and indicators referenced
[[Page 12537]]
in their applications in the Executive Summary of the TrAMS
application.
FTA is committed to making evidence-based decisions guided by the
best available science and data. In accordance with the Foundations for
Evidence-based Policymaking Act of 2018 (Evidence Act), FTA may use
information submitted in discretionary funding applications;
information in FTA's Transit Award Management System (TrAMS), including
grant applications, Milestone Progress Reports (MPRs), Federal
Financial Reports (FFRs); transit service, ridership and operational
data submitted in FTA's National Transit Database; documentation and
results of FTA oversight reviews, including triennial and state
management reviews; and other publicly available sources of data to
build evidence to support policy, budget, operational, regulatory, and
management processes and decisions affecting FTA's grant programs.
As part of completing the annual certifications and assurances
required of FTA grant recipients, a successful applicant must report on
the suspension or debarment status of itself and its principals. If the
award recipient's active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of
an award made pursuant to this Notice, the recipient must comply with
the Recipient Integrity and Performance Matters reporting requirements
described in Appendix XII to 2 CFR part 200.
G. Federal Awarding Agency Contacts
For further information concerning this notice, please contact the
Low-No/Bus grant program staff via email at [email protected], or
call Amy Volz, by phone at 202-366-7484. A TDD is available for
individuals who are deaf or hard of hearing at 800-877-8339. In
addition, FTA will post answers to questions and requests for
clarifications on FTA's website at https://www.transit.dot.gov. To
ensure applicants receive accurate information about eligibility or the
program, applicants are encouraged to contact FTA with questions
directly, rather than through intermediaries or third parties.
For issues with GRANTS.GOV, please contact GRANTS.GOV by phone at
1-800-518-4726 or by email at [email protected]. Contact information
for FTA's regional offices can be found on FTA's website at
www.fta.dot.gov.
H. Other Information
User-friendly information and resources regarding DOT's
discretionary grant programs relevant to rural applicants can be found
on the Rural Opportunities to Use Transportation for Economic Success
(ROUTES) website at www.transportation.gov/rural.
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.''
Nuria I. Fernandez,
Administrator.
[FR Doc. 2022-04621 Filed 3-3-22; 8:45 am]
BILLING CODE 4910-57-P