FY 2024 Competitive Funding Opportunity: Competitive Grants for Rail Vehicle Replacement Program, 69983-69989 [2023-22419]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69983-69989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22419]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FY 2024 Competitive Funding Opportunity: Competitive Grants for 
Rail Vehicle Replacement 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 $196,906,663 in competitive grants under the 
fiscal year (FY) 2024 Competitive Grants for Rail Vehicle Replacement 
Program (Rail Vehicle Replacement Program). As required by Federal 
public transportation law, Rail Vehicle Replacement Program funds will 
be allocated competitively to assist in the funding of capital projects 
to replace rail rolling stock. FTA may allocate additional funding made 
available to the program prior to the announcement of project 
selections.

DATES: Complete proposals must be submitted electronically through the 
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time, Monday, 
December 18, 2023. Prospective applicants should initiate the process 
by promptly registering on the GRANTS.GOV website to ensure completion 
of the application process before the submission deadline. Instructions 
for applying can be found on FTA's website at https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding and in

[[Page 69984]]

the ``FIND'' module of GRANTS.GOV. The funding opportunity ID is FTA-
2024-002-TPM-RAIL. Mail and fax submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT: Donna Iken, Competitive Grants for 
Rail Vehicle Replacement Program Manager, FTA Office of Program 
Management, 202-366-0876, or [email protected].

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

    Federal public transportation law (49 U.S.C. 5337(f)) authorizes 
FTA to award grants for the replacement of rail rolling stock through a 
competitive process, as described in this notice. The Rail Vehicle 
Replacement Program provides funding to State and local governmental 
authorities. The Federal Assistance Listing for the program is 20.525.
    Passenger rail service provides critical and cost-effective 
transportation links throughout the United States and faces a critical 
backlog of state of good repair and safety investments. FTA seeks to 
fund projects to all populations in a project area that create 
proportional impacts, remove transportation related disparities, and 
increase equitable access to project benefits, consistent with 
Executive Order 13985, Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government (86 FR 7009).

B. Federal Award Information

    Federal public transportation law (49 U.S.C. 5338(a)(2)(L)) 
authorizes $300,000,000 in contract authority funds for FY 2024 for 
competitive grants under the Rail Vehicle Replacement Program. A 
portion of this FY 2024 funding was committed in the FY 2022 and FY 
2023 Competitive Grants for Rail Vehicle Replacement Program Project 
Selections, thus the remaining funding available for FY 2024 totals 
$196,906,663. FTA may also commit up to $600,000,000 in FY 2025 and FY 
2026 funding towards projects selected in FY 2024.
    For the FY 2023 NOFO, FTA received 18 eligible proposals from 13 
states requesting over $3.5 billion in Federal funds. FTA selected six 
projects in six states, allocating $703,093,337.
    FTA will grant pre-award authority to incur costs for selected 
projects beginning on the date this FY 2024 NOFO is published in the 
Federal Register. Applicants that utilize pre-award authority to incur 
eligible expenses prior to project selection announcement will be 
responsible for any costs incurred if the application is not selected. 
Funds are available for obligation for three years after the fiscal 
year in which the awards are announced. For multi-year grant 
agreements, subsequent obligations must be made in the following year 
for a two-year agreement, and each of the two consecutive fiscal years 
for a three-year agreement, following the fiscal year from which the 
first obligation is made. Per Federal public transportation law (49 
U.S.C. 5337(f)(3)), FTA intends to fund up to three new awards each 
fiscal year.
    FTA may select projects to receive multi-year grant agreements. If 
a project is selected to receive a multi-year grant agreement, that 
agreement will establish the maximum amount of Federal financial 
assistance for the project that may be provided in not more than three 
consecutive fiscal years. A multi-year grant agreement will obligate an 
amount of available budget authority and include a contingent 
commitment to obligate an additional amount from future available 
budget authority. The contingent commitment under a multi-year 
agreement is not an obligation of the Federal Government.

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants for the Competitive Grants for Rail Vehicle 
Replacement Program are States and local governmental authorities.

2. Cost Sharing or Matching

    Per 49 U.S.C. 5337(f)(5), the Competitive Grants for Rail Vehicle 
Replacement funding may be up to 50 percent of the total eligible 
project cost. Other Federal funding, including FTA funding, such as 
State of Good Repair Program formula funding, may be applied for the 
project up to a maximum 80 percent Federal share of eligible project 
costs, per 49 U.S.C. 5337(f)(6). For example, a rail vehicle 
replacement project with a total eligible cost of $100,000,000 may 
receive up to $50,000,000 from this program. The remaining $50,000,000 
could be provided from a combination of non-Federal and other Federal 
funds, up to $30,000,000 of which could be other Federal funding. For a 
$100,000,000 project, at least $20,000,000 (20 percent) must be non-
Federal funds.
    Eligible sources of non-Federal matching funds include:
    i. Cash from non-governmental sources other than revenues from 
providing transit services (such as fare revenues);
    ii. Non-farebox revenues from the operation of public 
transportation service, such as the sale of advertising and concession.
    iii. Monies received under a service agreement with a State or 
local social service agency or private social service organization;
    iv. Undistributed cash surpluses, replacement or depreciation cash 
funds, reserves available in cash, or new capital;
    v. In-kind contributions integral to the project. Revenue bond 
proceeds for a capital project, with prior FTA approval; and
    vi. Transportation Development Credits (formerly referred to as 
Toll Revenue Credits).

3. Eligible Projects

    The focus of the grant program is to modernize America's transit 
system, focusing on maintaining a State of Good Repair for fixed-
guideway rail transit. Under the Competitive Grants for Rail Vehicle 
Replacement Program (49 U.S.C. 5337(f)), eligible projects are the 
replacement of rail rolling stock. For the purposes of this program, 
rail rolling stock is defined as revenue service, passenger carrying 
vehicles, or propulsion (locomotives) vehicles necessary for the 
provision of rail public transportation. Replacement is defined as the 
number of vehicles required to replace the number of vehicles to be 
removed from service that are substantially the same type. If changing 
vehicle type (e.g., a commuter rail switching from single level to 
double-decker cars), the eligible project is the number of cars 
necessary to carry an equivalent number of passengers as the 
substantially same type of replacement would. These rail vehicles can 
include, but are not limited to, commuter rail, heavy rail, and light 
rail vehicles. Up to 0.5 percent of the Federal request may be used to 
pay for project-related workforce development activities, as long as 
the Federal share under this program of those workforce development 
activities is not more than 80 percent. Up to 0.5 percent of the 
Federal request may be used to pay for project related training from 
the National Transit Institute (NTI), as long as the Federal share 
under this program for the related training from NTI is not more than 
80 percent. Applicants must identify the proposed use of funds for 
these activities in the project proposal and identify them separately 
in the project budget. Vehicles that do not

[[Page 69985]]

operate on rails, including rubber tire support vehicles, as well as 
maintenance and other non-revenue vehicles that do operate on rails, 
are not eligible under this program. Fleet expansion projects are also 
not eligible under this program. If a procurement includes both 
expansion and replacement vehicles, only the cost of the replacement 
vehicles may be included in the total eligible project cost under this 
program.
    As required by Federal public transportation law (49 U.S.C. 
5337(f)(4)), FTA will consider the size of the rail system of the 
applicant, the amount of funds available to the applicant from this 
program, the age and condition of the rail rolling stock of the 
applicant that has exceeded or will exceed the useful service life in 
the five-year period following a grant award, and whether the applicant 
has identified replacement of the rail vehicles as a priority in the 
investment prioritization portion of the transit asset management plan 
of the recipient pursuant to part 625 of title 49 of the Code of 
Federal Regulations. Evaluation criteria are described in detail in 
Section E of this notice.

D. Application and Submission Information

1. Address To Request Application Package

    Applications may be accessed, and must be submitted, electronically 
through GRANTS.GOV. General information for accessing and submitting 
applications through GRANTS.GOV can be found at https://www.fta.dot.gov/howtoapply along with specific instructions for the 
forms and attachments required for submission. A complete proposal 
submission for the program consists of two forms: the SF-424 
Application for Federal Assistance (available at GRANTS.GOV) and the 
supplemental form for the FY 2024 Rail Vehicle Replacement Program 
(downloaded from GRANTS.GOV or the FTA website at: https://www.transit.dot.gov/grant-programs/rail-vehicle-replacement-grants. 
Mail or fax submissions will not be accepted.

2. Content and Form of Application Submission

(i) Proposal Submission
    A complete proposal submission consists of two forms: (1) the SF-
424 Application for Federal Assistance; and (2) the supplemental form 
for the FY 2024 Rail Vehicle Replacement Program. 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 designated 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. Failure to 
submit the information as requested can delay review or disqualify the 
application.
    FTA will accept only one supplemental form per SF-424 submission. 
FTA encourages applicants to consider submitting a single supplemental 
form that includes multiple activities as one project to be evaluated 
as a consolidated proposal. If an 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 documentation supporting 
the applicant's eligibility for the grant programs, letters of support, 
project budgets, fleet status reports, or excerpts from relevant 
planning documents. Supporting documentation should 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, and description of areas served may be requested in 
varying degrees of detail on both the SF-424 and supplemental form. 
Applicants must fill in all fields unless otherwise stated on the 
forms. Applicants should not place N/A or ``refer to attachment'' in 
lieu of typing in responses in the field sections. 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 to 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.
(ii) Application Content
    The SF-424 Application for Federal Assistance and the supplemental 
form will prompt applicants for the required information:

a. Applicant name
b. Unique entity identifier (generated by SAM.GOV)
c. Key contact information (including contact name, address, email 
address, and phone)
d. Congressional district(s) in which project is located
e. Project information (including title, executive summary, and type)
f. A detailed description of the need for the project
g. A detailed description of how the project will support the program 
objectives
h. Evidence that the project is consistent with local and regional 
planning objectives
i. Evidence that the applicant can provide the non-Federal cost share
j. A description of the technical, legal, and financial capacity of the 
applicant
k. A detailed project budget
l. An explanation of the scalability of the project
m. Details on the non-Federal matching funds
n. A detailed project timeline, including the date the rail vehicle 
procurement Notice to Proceed (NTP) has been or is intended to be 
issued to the manufacturer if proposing to utilize an existing 
contract--Note, the NTP date must be after the date of the publication 
of this NOFO for the project to be eligible.
o. The applicant's Transit Asset Management Plan (or, if lengthy, 
applicable sections sufficient to determine the project is consistent 
with the plan)
p. Information related to priority considerations in Subsection E.2.

    Applicants should reference the criteria described in Section E of 
this NOFO for further description of the content applicants should 
address in their applications.

3. Unique Entity Identifier and System for Award Management (SAM)

    Each applicant is required to: (1) be registered in SAM.GOV before 
submitting an application; (2) provide a valid unique entity identifier 
in its application; and (3) continue to maintain an active SAM 
registration with current information at all times during which the 
applicant has an active Federal award or an application

[[Page 69986]]

under consideration by FTA. FTA may not 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. These requirements do not apply if the applicant has an 
exception approved by FTA or the U.S. Office of Management and Budget 
under 2 CFR 25.110(c) or (d).
    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 https://www.sam.gov.

4. Submission Dates and Times

    Project proposals must be submitted electronically through 
GRANTS.GOV by 11:59 p.m. Eastern Time on Monday, December 18, 2023. 
GRANTS.GOV attaches a time stamp to each application at the time of 
submission. Mail and fax submissions will not be accepted.
    FTA urges applicants to submit applications at least 72 hours prior 
to the deadline to allow time to correct any problems that may have 
caused either GRANTS.GOV or FTA systems to reject the submission. 
Proposals submitted after the deadline will be considered only if 
lateness was due to extraordinary circumstances not under the 
applicant's control. Deadlines will not be extended due to scheduled 
website maintenance. GRANTS.GOV scheduled maintenance and outage times 
are announced on the GRANTS.GOV website.
    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.
    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 registration up to 
date before submissions can be made successfully: (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 made available under this NOFO cannot be used to reimburse 
applicants for otherwise eligible expenses incurred prior to the 
publication of this NOFO in the Federal Register, which is when Pre-
Award authority begins (see Section F.2.a). Allowable direct and 
indirect expenses must be consistent with the Government-wide Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards (2 CFR part 200) and FTA Circular 5010.1E.

6. Other Submission Requirements

    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 advises 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 whether or not a 
scalable option is provided. FTA may award funds using a multi-year 
grant agreement of up to three years, as described in Section B of this 
notice.

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 
project proposals based on the criteria described in this notice.
a. Demonstration of Need
    As the purpose of this program is to fund rail rolling stock and 
maintain public transportation systems in a state of good repair, 
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 rail vehicles.
    Applicants must provide information on the age, condition, and 
performance of the rail vehicles to be replaced. The law requires FTA 
to consider the age and condition of the rail rolling stock of the 
applicant that has exceeded or will exceed the useful service life of 
the rail rolling stock in the 5-year period following the grant. FTA 
will define that five years as starting one year after the date 
applications are due. FTA will provide higher priority for rolling 
stock already past its useful life. The proposal must address how the 
project conforms to the applicant's spare ratio guidelines and provide 
the rationale.
b. Demonstration of Benefits
    FTA will evaluate the potential for projects to improve the 
condition of the transit system by replacing rail vehicles that are in 
poor condition or have surpassed their minimum or intended useful life 
benchmarks. Additionally, applicants should specifically identify and 
address in their application one or more of the following:
    Safety: FTA will evaluate the potential for projects to improve the 
safety of the transit system. Applicants may describe the benefits of 
increased safety of replacement vehicles and how that may impact the 
broader safety of their transportation system.
    Performance: FTA will evaluate the benefits of reducing breakdowns 
and service interruptions, increasing service performance and 
reliability, and reducing the cost of maintaining outdated vehicles.
    Enhanced Access and Mobility for People with Disabilities: FTA will 
evaluate the potential for projects to improve access and mobility for 
persons with disabilities.
    Combatting Climate Change: FTA will evaluate the benefits of any 
otherwise eligible project that is proposing to replace a locomotive or 
self-propelled passenger cars with a locomotive or self-propelled 
passenger cars that produces fewer harmful emissions at the point of 
service.

[[Page 69987]]

c. Planning and Local/Regional Prioritization
    Applicants must demonstrate how the proposed project is consistent 
with local and regional planning documents and identified priorities. 
This will involve assessing whether the project is consistent with the 
transit priorities identified in the long-range transportation plan and 
the State and Metropolitan Transportation Improvement Program (STIP/
TIP). Applicants should note if the project could not be included in 
the financially constrained STIP or TIP due to lack of funding, and if 
selected that the project can be added to the federally approved STIP 
before grant award.
    FTA will evaluate applications based on the quality and extent to 
which they assess whether the project is consistent with the investment 
priorities identified in the applicant's Transit Asset Management (TAM) 
Plan, pursuant to 49 CFR part 625. Applicants should also describe how 
replacing the vehicle will help them meet the state of good repair 
performance targets set in their Transit Asset Management (TAM) Plan.
    FTA encourages applicants to demonstrate State or local support by 
including letters of support from State departments of transportation, 
local transit agencies, local government officials and public agencies, 
local non-profit or private sector organizations, and other relevant 
stakeholders. Applications that include letters of support will be 
viewed more favorably than those that do not. For FTA to fully consider 
a letter of support, the letter must be included in the application 
package. In an area with both rail and other public transit operators, 
FTA will evaluate whether project proposals demonstrate coordination 
with and support of other related projects within the applicant's 
Metropolitan Planning Organization (MPO) or the geographic region 
within which the proposed project will operate.
d. Local Financial Commitment
    Applicants must identify the sources of funding for the total 
eligible vehicle replacement project cost, including other Federal 
funding if applicable, and the non-Federal 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 non-Federal cost share as evidence of local 
financial commitment to the project. Additional consideration will be 
given to those projects for which non-Federal funds have already been 
made available or reserved. Applicants should submit evidence of the 
availability of funds for the project, by including, for example, 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 other non-Federal 
funds.
    An applicant may provide documentation of previous and recent local 
investments in the project, which cannot be used to satisfy non-Federal 
matching requirements, as evidence of local financial commitment.
e. Project Implementation Strategy
    Projects will be evaluated based on the extent to which the project 
is ready to implement within a reasonable period of time and whether 
the applicant's proposed implementation plans are reasonable and 
complete. Applicants should discuss and include any supporting 
information demonstrating that the proposed project is compatible with 
the existing system and takes into account any adjustments that need to 
be made to complete successful implementation.
    In assessing whether the project is ready to implement within a 
reasonable period of time, FTA will consider whether the project 
qualifies for a Categorical Exclusion, or whether the required 
environmental work has been initiated or completed for projects that 
require an Environmental Assessment or Environmental Impact Statement 
under the National Environmental Policy Act of 1969. As such, 
applicants should submit information describing the project's 
anticipated path and timeline through the environmental review process. 
If the project will qualify as a Categorical Exclusion, the applicant 
must say so explicitly in the application. The proposal must also state 
whether grant funds can be obligated within 12 months from time of 
award, if selected, and if necessary, the timeframe under which the 
Metropolitan TIP and STIP can be amended to include the proposed 
project. Additional consideration will be given to projects for which 
grant funds can be obligated within 12 months from time of award. The 
applicant must also include the date the rail vehicle procurement 
Notice to Proceed has been or is intended to be issued to the 
manufacturer if proposing to utilize an existing contract.
    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.
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. 
Additional information on the compliance requirements for these grants 
appears later in this notice.
    Applicants with outstanding legal, technical, or financial 
compliance issues from an FTA compliance review or FTA grant-related 
Single Audit finding must explain how corrective actions taken will 
mitigate negative impacts on the project.

2. Review and Selection Process

    FTA technical evaluation committees will evaluate proposals using 
the project evaluation criteria. FTA staff may request additional 
information from applicants, if necessary. After consideration of the 
findings of the technical evaluation committees, 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, the age and condition of the vehicles to be 
replaced, diversity in the size of the transit systems receiving 
funding, and the availability to the applicant of State of Good Repair 
Formula funding or other competitive awards. FTA may consider capping 
the amount a single applicant may receive.

3. Integrity and Performance Review

    Prior to making an award with a total amount of Federal share 
greater than the simplified acquisition threshold (currently $250,000), 
FTA is required to review and consider any information about the 
applicant that is in the Federal Awardee Performance and Integrity 
Information Systems (FAPIIS) accessible through SAM. An applicant may 
review and comment on information about itself that a Federal awarding 
agency previously entered. FTA will consider any comments by the 
applicant, in addition to the other information in FAPIIS, in making a 
judgment about the

[[Page 69988]]

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

    Final project selections will be posted on the FTA website. Only 
proposals from eligible recipients for eligible activities will be 
considered for funding. There is no minimum or maximum grant award 
amount; however, FTA intends to fund up to three meritorious projects 
per year of funding. FTA may also award multi-year grant agreements of 
up to three years. Due to funding limitations, projects that are 
selected for funding may receive less than the amount originally 
requested. In those cases, applicants must be able to demonstrate that 
the proposed projects are still viable and can be completed with the 
amount awarded.

2. Administrative and National Policy Requirements

a. Pre-Award Authority
    Pre-award authority for the selected projects is available 
beginning on the date that this Rail Vehicle Replacement Program NOFO 
is published in the Federal Register. There is no blanket pre-award 
authority for these projects before publication of this NOFO. For more 
information about FTA's policy on pre-award authority, please see FTA's 
2023 Apportionment Notice (88 FR 23117).
b. Grant Requirements
    If selected, awardees will apply for a grant through FTA's Transit 
Award Management System (TrAMS). All recipients are subject to the 
grant requirements of the State of Good Repair program (49 U.S.C. 
5337), FTA's Master Agreement for financial assistance awards, the 
annual Certifications and Assurances required of applicants, and FTA 
Circular ``State of Good Repair Grant Program'' (FTA.C.5300.1E). All 
recipients must also follow the Award Management Requirements 
(FTA.C.5010.1) and the labor protections required by Federal public 
transportation law (49 U.S.C. 5333(b)). All of these documents are 
available on FTA's website. Technical assistance regarding these 
requirements is available from each FTA regional office.
c. Made in America
    A project funded under this NOFO must comply with FTA's Buy America 
(49 U.S.C. 5323(j)) and the Build America, Buy America Act's domestic 
preference requirements for infrastructure projects (Sec. Sec.  70901-
70953 of the Infrastructure Investment and Jobs Act, Pub. L. 117-58), 
which together require that all iron, steel, manufactured goods, and 
construction materials used in the project be produced in the United 
States and set minimum domestic content and final assembly requirements 
for rolling stock.
    Any proposal that will require a waiver of any domestic preference 
standard must identify the items for which a waiver will be sought in 
the application. Applicants should not proceed with the expectation 
that waivers will be granted.
d. Civil Rights Requirements
    Applications should demonstrate that the recipient has a plan for 
compliance with civil rights obligations and nondiscrimination laws, 
including Title VI of the Civil Rights Act of 1964, the Americans with 
Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and 
accompanying regulations. This should include a current Title VI 
program plan and a completed Community Participation Plan 
(alternatively called a Public Participation Plan), if applicable. 
Applicants who have not sufficiently demonstrated the conditions of 
compliance with civil rights requirements will be required to do so 
before receiving funds.
    Recipients of Federal transportation funding will be required to 
comply fully with regulations and guidance for the ADA, Title VI of the 
Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 
1973, and all other civil rights requirements. The Department's and 
FTA's Office of Civil Rights may work with awarded grant recipients to 
ensure full compliance with Federal civil rights requirements.
e. Disadvantaged Business Enterprise
    Projects for railcar acquisitions are subject to the transit 
vehicle manufacturer (TVM) rule of the USDOT's Disadvantaged Business 
Enterprise (DBE) program regulation (49 CFR 26.49). The TVM rule 
requires recipients procuring transit vehicles to limit eligible 
bidders to certified TVMs. To become a certified TVM, a manufacturer of 
transit vehicles must submit a DBE program plan and annual goal to FTA 
for approval. A list of certified TVMs is posted on FTA's web page at 
https://www.transit.dot.gov/TVM. Recipients should contact FTA before 
accepting bids from entities not listed on this web page.
    In lieu of restricting eligibility to certified TVMs, a recipient 
may, with FTA's approval, establish project-specific goals for DBE 
participation in the procurement of transit vehicles.
Planning
    FTA encourages applicants to notify the appropriate State 
Departments of Transportation and MPOs in areas likely to be served by 
the project funds made available under these initiatives and programs. 
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. As described under the 
evaluation criteria, FTA may consider whether a project is consistent 
with or already included in these plans when evaluating a project.
f. Standard Assurances
    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. 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.
g. Performance and Program Evaluation
    As a condition of grant award, grant recipients may be required to 
participate in an evaluation undertaken by DOT or another agency or 
partner. The evaluation may take different forms such as an 
implementation assessment across grant recipients, an impact and/or 
outcomes analysis of all or selected sites within or across grant 
recipients, or a benefit/cost analysis or assessment of return on 
investment. As a part of the evaluation, as a condition of award, grant 
recipients must agree to: (1) make records available to the evaluation 
contractor or DOT staff; (2) provide access to program records, and any 
other relevant documents to calculate costs and benefits; (3) in the 
case of an impact analysis, facilitate the access to

[[Page 69989]]

relevant information as requested; and (4) follow evaluation procedures 
as specified by the evaluation contractor or DOT staff.
    Recipients and subrecipients are also encouraged to incorporate 
program evaluation including associated data collection activities from 
the outset of their program design and implementation to meaningfully 
document and measure their progress towards meeting an agency priority 
goal(s). Title I of the Foundations for Evidence-Based Policymaking Act 
of 2018 (Evidence Act), (Pub. L. 115-435) urges Federal awarding 
agencies and Federal assistance recipients and subrecipients to use 
program evaluation as a critical tool to learn, to improve equitable 
delivery, and to elevate program service and delivery across the 
program lifecycle. Evaluation means ``an assessment using systematic 
data collection and analysis of one or more programs, policies, and 
organizations intended to assess their effectiveness and efficiency.'' 
5 U.S.C. 311. Credible program evaluation activities are implemented 
with relevance and utility, rigor, independence and objectivity, 
transparency, and ethics (OMB Circular A-11, Part 6, Section 290).

3. Reporting

    Post-award reporting requirements include the electronic submission 
of Federal Financial Reports and Milestone Progress Reports. Applicant 
should include goals, targets, and indicators referenced in their 
application to the project in the Executive Summary of the TrAMS 
application. Recipients or beneficiaries of funds made available 
through this NOFO are also required to regularly submit data to the 
National Transit Database. National Transit Database reports include 
total sources of revenue and complete expenditure reports for all 
public transportation operations, not just those funded by this 
project.
    FTA is committed to making evidence-based decisions guided by the 
best available science and data. In accordance with the 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 
Competitive Grants for Rail Vehicle Replacement Program manager, Donna 
Iken, by phone at 202-366-8076, or by email at [email protected]. A 
TDD is available for individuals who are deaf or hard of hearing at 
800-877-8339. To ensure receipt of accurate information about 
eligibility or the program, the applicant is encouraged to contact FTA 
directly, rather than through intermediaries or third parties. Contact 
information for FTA's regional offices can be found on FTA's website at 
https://www.transit.dot.gov/about/regional-offices/regional-offices/about/regional-offices/regional-offices. For issues with GRANTS.GOV, 
please contact GRANTS.GOV by phone at 1-800-518-4726 or by email at 
[email protected].

H. Other Information

    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.'' FTA will consider 
applications for funding only from eligible recipients for eligible 
projects listed in Section C.
    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If an applicant submits information 
the applicant considers to be a trade secret or confidential commercial 
or financial information, the applicant must provide that information 
in a separate document, which the applicant may reference from the 
application narrative or other portions of the application. For the 
separate document containing confidential information, the applicant 
must do the following: (1) state on the cover of that document that it 
``Contains Confidential Business Information (CBI);'' (2) mark each 
page that contains confidential information with ``CBI;'' (3) highlight 
or otherwise denote the confidential content on each page; and (4) at 
the end of the document, explain how disclosure of the confidential 
information would cause substantial competitive harm. FTA will protect 
confidential information complying with these requirements to the 
extent required under applicable law. If FTA receives a Freedom of 
Information Act (FOIA) request for the information that the applicant 
has marked in accordance with this section, FTA will follow the 
procedures described in DOT's FOIA regulations at 49 CFR 7.29. Only 
information that is in the separate document, marked in accordance with 
this section, and ultimately determined to be confidential will be 
exempt from disclosure under FOIA.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-22419 Filed 10-6-23; 8:45 am]
BILLING CODE 4910-57-P