Notice of Funding Opportunity for Projects Located on the Northeast Corridor for the Fiscal Year 2024 Federal-State Partnership for Intercity Passenger Rail Program, 42573-42595 [2024-10656]
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[FR Doc. 2024–10582 Filed 5–14–24; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for
Projects Located on the Northeast
Corridor for the Fiscal Year 2024
Federal-State Partnership for Intercity
Passenger Rail Program
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity
(NOFO or notice).
AGENCY:
This notice details the
application requirements and
procedures to obtain grant funding for
projects located on the Northeast
Corridor (NEC) under the Federal-State
Partnership for Intercity Passenger Rail
Program (FSP Program) for Fiscal Year
(FY) 2024. This notice solicits
applications for FSP Program funds
made available by the Consolidated
Appropriations Act, 2024, and Division
J of the Infrastructure Investment and
Jobs Act (IIJA). The opportunity
described in this notice is made
available under Assistance Listings
Number 20.326, ‘‘Federal-State
Partnership for Intercity Passenger
Rail.’’
DATES: Applications for funding under
this solicitation are due no later than
11:59 p.m. Eastern Time, July 15, 2024.
Applications that are incomplete or
received after 11:59 p.m. Eastern Time,
on July 15, 2024 will not be considered
for funding. See Section D of this notice
for additional information on the
application process.
ADDRESSES: Applications must be
submitted via www.Grants.gov. Only
applicants who comply with all
submission requirements described in
this notice and submit applications
through www.Grants.gov will be eligible
SUMMARY:
42573
for award. For any supporting
application materials that an applicant
is unable to submit via www.Grants.gov
(such as oversized engineering
drawings), an applicant may submit an
original and two (2) copies to Mr. Bryan
Rodda, Office of Amtrak and Northeast
Corridor Program Delivery, Federal
Railroad Administration, 1200 New
Jersey Avenue SE, Washington, DC
20590. However, due to delays caused
by enhanced screening of mail delivered
via the U.S. Postal Service, applicants
are advised to use other means of
conveyance (such as courier service) to
ensure timely receipt of materials before
the application deadline.
For
further information concerning this
notice, please contact the FRA NOFO
Support program staff via email at FRANOFO-Support@dot.gov. If additional
assistance is needed, you may contact
Mr. Bryan Rodda in FRA’s Office of
Amtrak and Northeast Corridor Program
Delivery by email at Bryan.Rodda@
dot.gov or telephone: 202–557–0206; or
Mr. Sergio Coronado in FRA’s Office of
Rail Program Development by email at
Sergio.Coronado@dot.gov or telephone:
617–571–1213.
FOR FURTHER INFORMATION CONTACT:
Notice to
applicants: FRA recommends that
applicants read this notice in its entirety
prior to preparing application materials.
Definitions of key terms used
throughout the NOFO are provided in
Section A(2) below. These key terms are
capitalized throughout the NOFO. There
are several administrative and specific
eligibility requirements described
herein with which applicants must
comply. Additionally, applicants should
note that the required project narrative
component of the application package
may not exceed 25 pages in length.
SUPPLEMENTARY INFORMATION:
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
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SUMMARY OVERVIEW OF KEY INFORMATION: FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL PROGRAM
FOR PROJECTS LOCATED ON THE NORTHEAST CORRIDOR (FSP–NEC)
Issuing Agency .....................
Program Overview ...............
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Federal Railroad Administration, U.S. Department of Transportation.
The purpose of the FSP Program is to reduce the State of Good Repair backlog, improve performance, or expand or establish new intercity passenger rail service. Program funding and selections are provided separately
for projects located on and off the NEC. This notice solicits applications for projects located on the NEC.
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Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices
SUMMARY OVERVIEW OF KEY INFORMATION: FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL PROGRAM
FOR PROJECTS LOCATED ON THE NORTHEAST CORRIDOR (FSP–NEC)—Continued
Eligible Applicants ................
Eligible Project Types ..........
Funding ................................
Deadline ...............................
1.
2.
3.
4.
5.
6.
7.
8.
1.
A State (including the District of Columbia);
A group of States;
An Interstate Compact;
A public agency or publicly chartered authority established by one or more States;
A political subdivision of a State;
Amtrak, acting on its own behalf or under a cooperative agreement with one or more States;
A Federally recognized Indian Tribe; and
Any combination of the entities described in (1) through (7).
A project to replace, rehabilitate, or repair infrastructure, equipment, or a facility used for providing intercity
passenger rail service to bring such assets into a State of Good Repair;
2. A project to improve intercity passenger rail service performance, including reduced trip times, increased train
frequencies, higher operating speeds, improved reliability, expanded capacity, reduced congestion, electrification, and other improvements, as determined by the Secretary;
3. A project to expand or establish new intercity passenger rail service;
4. A group of related projects described in paragraphs (1) through (3); and
5. The planning, environmental studies, and final design for a project or group of projects described in paragraphs (1) through (4).
The total funding available for awards under this NOFO is $2,034,420,932.
Applications Due: July 15, 2024 at 11:59 p.m., Eastern Time.
A. Program Description
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1. Overview
Our Nation’s rail network is a critical
component of the U.S. transportation
system and economy. The FSP Program
provides a Federal funding opportunity
to improve American passenger rail
assets by funding projects that reduce
the State of Good Repair backlog,
improve performance, or expand or
establish new intercity passenger rail
service, including privately operated
intercity passenger rail service if an
eligible applicant is involved. The FSP
Program is authorized in Sections 22106
and 22307 of the IIJA, codified at 49
U.S.C. 24911, and this NOFO is funded
by 2024 IIJA advance appropriations as
provided in Title VIII of Division J of
IIJA (Advance Appropriations), and the
Consolidated Appropriations Act, 2024,
Division F, Title I, Public Law 118–42
(2024 Appropriation).
The IIJA provided distinct FSP
Program selection criteria for projects
located on the NEC and for projects not
located on the NEC. For projects located
on the NEC, the law requires FRA to
make selections for FSP Program funds
consistent with the Northeast Corridor
Project Inventory (NEC Project
Inventory). FRA published the most
recent NEC Project Inventory on April
15, 2024 (2024 Inventory). The 2024
Inventory can be found at https://
railroads.dot.gov/elibrary/nec-inventory.
This notice solicits applications for the
Major Backlog, Capital Renewal,
Improvement, and Stations projects and
Planning Studies identified on the 2024
Inventory; it describes available FSP
Program funding, application
submission requirements, and the
selection and evaluation criteria. For
projects located off the NEC, FRA will
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publish a separate notice, and those
projects are not eligible for funding
under this announcement. Under this
notice, FRA will make selections
consistent with the 2024 Inventory as
further described herein and only
projects on the 2024 Inventory for
which an application is submitted
under this NOFO will be considered for
award.
Consistent with the 2024 Inventory,
FRA’s first priority will be selecting
Major Backlog Projects regardless of
their Lifecycle Stage within the two-year
Inventory Period. FRA’s second priority
will be selecting projects in or beginning
the Construction Lifecycle Stage within
the Inventory Period that will reduce
the NEC’s State of Good Repair backlog
and demonstrate the likelihood of
significant Intercity Passenger Rail
outcomes. FRA’s third priority will be
selecting projects in or beginning
Planning, Project Development, or Final
Design for projects within the Inventory
Period that will reduce the NEC’s State
of Good Repair backlog and demonstrate
the likelihood of significant Intercity
Passenger Rail outcomes.
For applicants’ reference, FRA’s
Guidance on Development and
Implementation of Railroad Capital
Projects (88 FR 2163 (Jan. 12, 2023))
(FRA’s Capital Projects Guidance) is
now available which assists Project
Sponsors in developing effective and
complete Capital Projects by defining
the Project Development process and
describing implementation tools,
processes, and documentation that may
be required for a grant. FRA’s Capital
Projects Guidance can be found here:
https://railroads.dot.gov/elibrary/fraguidance-development-andimplementation-railroad-capital-project.
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In December 2023, FRA updated its
standard grant agreement terms and
conditions. The new FRA grant
agreement consists of three parts:
Attachment 1: Standard Terms and
Conditions, Attachment 2: ProjectSpecific Terms and Conditions, and
Terms and Conditions Exhibits. The
updated agreement templates are
available at: https://railroads.dot.gov/
grants-loans/fra-discretionary-grantagreements. These templates are subject
to revision.
The Department seeks to fund projects
that advance the Administration
priorities of safety, equity, climate and
sustainability, workforce development,
job quality, and wealth creation as
described in the U.S. DOT Strategic
Plan, (https://www.transportation.gov/
dot-strategic-plan) and in executive
orders, which are described in Section
E.1
2. Definitions of Key Terms
Terms defined in this section are
capitalized throughout this notice.
a. ‘‘Capital Cost Estimate’’ has the
meaning provided in the NEC Project
Inventory.2
b. ‘‘Capital Project’’ means a project
for acquiring, constructing, improving,
or inspecting rail equipment, track and
track structures, or a rail facility,
including expenses incidental to the
1 Additional information about the USDOT
Strategic Plan, Research, Development and
Technology Strategic Plan can be found here:
https://www.transportation.gov/dot-strategic-plan.
2 Capital Cost Estimates, as identified in the 2024
Inventory tables, are presented in year of
expenditure dollars. While similar to ‘‘Capital Cost
Estimate’’ as defined in FRA’s Capital Projects
Guidance, Capital Cost Estimates in the 2024
Inventory may include Planning Lifecycle Stage
costs, if provided by the Project Sponsor, consistent
with the Northeast Corridor Commission’s process
used to prepare the NEC Planning Documents.
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acquisition or Construction including
pre-Construction activities (such as
designing, engineering, location
surveying, mapping, acquiring rights-ofway) and related relocation costs,
environmental studies, and all work
necessary for FRA to approve the project
under the National Environmental
Policy Act (NEPA); highway-rail grade
crossing improvements; communication
and signalization improvements; and
rehabilitating, remanufacturing, or
overhauling rail rolling stock and rail
facilities.3
c. ‘‘Capital Renewal’’ means to repair,
replace, or modernize basic
infrastructure assets along a corridor
section that is executed in accordance
with a defined scope, schedule, and
budget. Basic infrastructure assets
include rails, ties, ballast,
communication systems, signaling
systems, electric traction power
systems, and undergrade bridges.
d. ‘‘Commuter Rail Passenger
Transportation’’ means short-haul rail
passenger transportation in
metropolitan and suburban areas
usually having reduced fare, multiple
rides, and commuter tickets, and
morning and evening peak period
operations, consistent with 49 U.S.C.
24102(3); the term does not include
rapid transit operations in an urban area
that are not connected to the general
railroad system of transportation.
e. ‘‘Construction’’ means the Lifecycle
Stage of a Capital Project during which
the Capital Project is completely built,
installed, and placed into use.
Construction activities include, but are
not limited to, physical construction
and installation of the Capital Project,
including testing of equipment,
workforce training, and start-up testing.
Construction activities occur after a
project has completed Final Design.
f. ‘‘Cost Share Agreement’’ means an
agreement between the Project Sponsor
and its partner(s) that identifies, for a
Shared Benefit Project, the intercity
passenger rail share, the commuter rail
share(s), and the local share of the
eligible project before the
commencement of the project. Such
agreements must be prepared consistent
with the project-based cost sharing
requirements of the Northeast Corridor
Commuter and Intercity Rail Cost
Allocation Policy, as amended, and
approved by the NEC Commission; for
a Sole Benefit Project, the local or nonFederal share of the eligible project
before commencement of the project.4
3 FRA will consider right-of-way acquisition only
for applications seeking eligible Construction
funding.
4 The Northeast Corridor Commuter and Intercity
Rail Cost Allocation is available at: https://nec-
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g. ‘‘Final Design’’ or ‘‘FD’’ means the
Lifecycle Stage of a Capital Project
during which the Capital Project design
is advanced to be ready for
Construction. This is when final
engineering plans and specifications
necessary for construction of the project
are produced. Final Design activities
occur after a Capital Project has
completed Project Development, and
before a Capital Project can advance to
Construction. Final Design is described
in FRA’s Capital Projects Guidance.
h. ‘‘Funding Need’’ has the meaning
provided in the 2024 Inventory.
i. ‘‘Highly Rated’’ means a rating
provided for purposes of 49 U.S.C.
24911(g)(2) to those Major Capital
Projects identified as Major Backlog on
the most recently published iteration of
the NEC Project Inventory and all other
Major Capital Projects with applications
evaluated under this NOFO that receive
an overall rating of Recommended or
Highly Recommended.
j. ‘‘Improvement’’ means repair or
enhancement to existing rail
infrastructure, equipment, or facility, or
Construction of new rail infrastructure,
equipment, or facilities, that results in
efficiency of the rail system and the
safety of those affected by the system.
k. ‘‘Intercity Rail Passenger
Transportation’’ means rail passenger
transportation, except Commuter Rail
Passenger Transportation. See 49 U.S.C.
24911(a)(3). In this notice, ‘‘Intercity
Passenger Rail Service’’ and ‘‘Intercity
Passenger Rail Transportation’’ are
equivalent terms to ‘‘Intercity Rail
Passenger Transportation.’’
l. ‘‘Inventory Period’’ means, for the
purposes of the 2024 Inventory, January
1, 2024, through December 31, 2025.
m. ‘‘Lifecycle Stage’’ means each of
the consecutive stages of a Capital
Project as it is developed and
implemented that include Systems
Planning, Project Planning, Project
Development, Final Design,
Construction, and Operation.
n. ‘‘Major Backlog Project’’ is a project
identified by the NEC Commission as
necessary to achieve a State of Good
Repair, but that is not undertaken on a
routine basis, including rehabilitation or
replacement of major bridges and
tunnels.
o. ‘‘Major Capital Project’’ means a
Capital Project with a Capital Cost
Estimate equal to or greater than $500
million and with at least $100 million
in Federal assistance under the FSP
Program.
p. ‘‘National Environmental Policy
Act’’ or ‘‘NEPA’’ (42 U.S.C. 4321 et seq.)
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is a Federal law that requires Federal
agencies to analyze and document the
environmental impacts of a proposed
action in consultation with appropriate
Federal, Tribal, State, and local
authorities, and with the public.
Environmental review under NEPA
consists of an Environmental Impact
Statement (EIS), Environmental
Assessment (EA) or Categorical
Exclusion (CE). The NEPA class of
action depends on the potential
environmental impacts of the proposed
action. For purposes of this NOFO,
NEPA also includes all related Federal
laws and regulations including the
Clean Air Act, Section 4(f) of the
Department of Transportation Act,
Section 7 of the Endangered Species
Act, and Section 106 of the National
Historic Preservation Act. Additional
information regarding FRA’s
environmental processes and
requirements is located at https://
railroads.dot.gov/rail-networkdevelopment/environment/environment.
q. ‘‘Northeast Corridor’’ (‘‘NEC’’)
means the main rail line between
Boston, Massachusetts, and the District
of Columbia; the branch rail lines
connecting to Harrisburg, Pennsylvania,
Springfield, Massachusetts, and
Spuyten Duyvil, New York; and
facilities and services used to operate
and maintain these lines, consistent
with 49 U.S.C. 24911(a)(3).
r. ‘‘NEC Planning Documents’’ means
the Northeast Corridor Commission’s
CONNECT NEC 2037 and the FY 2024–
2028 Northeast Corridor Capital
Improvement Plan.
s. ‘‘Planning Studies’’ are those
projects which include only planning
activities such as railroad transportation
market forecasting, operations analysis,
fleet planning, cost analysis, station and
facility planning, environmental
resource consideration, and other
similar activities. Planning Studies are
planning activities without association
to a specific Capital Project in their
current form.
t. ‘‘Preliminary Engineering (PE)’’
means engineering design to define a
Capital Project, including identification
of all environmental impacts and design
of all critical project elements at a level
sufficient to ensure reliable cost
estimates and schedules. The PE
development process starts with specific
project design alternatives that allow for
the assessment of a range of rail
improvements, specific alignments, and
project designs. PE is considered part of
the Project Development Lifecycle
Stage, as described in FRA’s Capital
Projects Guidance.
u. ‘‘Project Development’’ means the
Lifecycle Stage of a Capital Project
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during which the Project Sponsor
conducts design, environmental, and
other studies to ensure the Capital
Project is ready for implementation.
Project Development activities occur
after a Project Sponsor has completed
Project Planning, and before a Capital
Project can advance to Final Design.
Project Development is further
described in FRA’s Capital Projects
Guidance.
v. ‘‘Project Management Plan’’ means,
under this NOFO, a document as
provided in FRA’s Capital Projects
Guidance that describes how the Capital
Project will be implemented, monitored,
and controlled to help the Project
Sponsor effectively, efficiently, and
safely deliver the project on-time,
within-budget, and at the highest
appropriate quality.
w. ‘‘Project Planning’’ is the first
Lifecycle Stage of a Capital Project
during which the Project Sponsor
identifies Capital Project concepts to
adequately address transportation needs
and opportunities identifies and
compares costs, benefits, and impacts of
project options; identifies the impacted
environmental resources and engages
with interested parties, agencies, and
infrastructure owners. Project Planning
activities are completed before a Capital
Project advances to Project
Development. Project Planning is
further described in FRA’s Capital
Projects Guidance.
x. ‘‘Project Sponsor’’ means the entity
responsible for implementing a project
that may also be an applicant seeking or
grantee receiving Federal financial
assistance.
y. ‘‘Risk Assessment’’ means for a
Major Capital Project, an unbiased, riskbased, probabilistic analysis that verifies
the accuracy and reasonableness of the
current cost estimate and schedule and
results in a probability range that
represents the project’s cost while
accounting for the range of potential
costs associated with project
uncertainties.
z. ‘‘State of Good Repair’’ means a
condition in which physical assets, both
individually and as a system, are (A)
performing at a level at least equal to
that called for in their as-built or asmodified design specification during
any period when the life cycle cost of
maintaining the assets is lower than the
cost of replacing them; and (B)
sustained through regular maintenance
and replacement programs, consistent
with 49 U.S.C. 24102(12).
aa. ‘‘Total Project Cost’’ means the
sum of FSP funding, other Federal
funding, and the non-Federal funding
required to complete the Lifecycle
Stage(s) of the project for which funding
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is requested in this application. In
general, FRA expects the Total Project
Cost to be consistent with the Funding
Need for the project, as shown on the
2024 Inventory, except for those projects
partially funded under previous FSP
NOFOs and those projects receiving
funding toward the Total Project Cost in
the time period between the 2023
submission of project information by
Project Sponsors to the NEC
Commission to update the NEC
Planning Documents and selections
made under this NOFO.5 6
B. Federal Award Information
1. Available Award Amount
The total amount of funding made
available for new FSP–NEC awards
under this NOFO is $2,034,420,932. The
total amount of FY 2024 funding made
available for projects located on the NEC
from IIJA 2024 Advance Appropriations
and the 2024 Appropriation is
$4,502,362,500. From this amount, FRA
intends to obligate up to $2,467,941,567
to fulfill FY 2024 contingent
commitments to FSP projects previously
selected for Phased Funding
Agreements.
FRA may elect to award additional
funds beyond the funds made available
from the FY 2024 Advance
Appropriations by including funds from
the FY 2025 Advance Appropriations to
applications received under this NOFO.
Any selection and award under this
NOFO are subject to the availability of
appropriated funds.
2. Award Size
There are no predetermined minimum
or maximum dollar thresholds for
awards. FRA anticipates making
multiple awards with the available
funding. FRA may not be able to award
grants to all eligible applications even if
they meet or exceed the stated criteria
(see Section E, Application Review
Information). Applicants must apply for
a project as it appears on the NEC
Project Inventory. FRA may award
partial funding, as projects may require
more funding than is available. Prior to
selection, FRA will contact the
applicant to ensure that the applicant is
able to complete the project with
available funding.
5 The Total Project Cost for projects that received
partial funding in a previous FSP–NEC NOFO
should reflect the same Total Project Cost provided
in the application submitted under the previous
NOFO. In the event that such a project is selected,
FRA intends to apply both FSP award amounts to
the same Total Project Cost.
6 The project information submitted by Project
Sponsors to the NEC Commission in Summer 2023
was used to inform project information as it appears
on the 2024 Inventory.
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FRA strongly encourages that
applicants seek funding for the
appropriate Lifecycle Stage of a Capital
Project, consistent with the 2024
Inventory and the applicable
corresponding application track in
Section C(3)(b) below. If,
notwithstanding this direction, an
application covers multiple application
tracks, it must also include the
justification as further described in
Section C(3)(b).
Applications for a project with a Total
Project Cost that has changed from the
Funding Need that appears on the 2024
Inventory or that are seeking less than
the Anticipated Obligation amount on
the 2024 Inventory should specify the
change and provide an explanation for
how the remainder of the project will be
funded and whether the Project Sponsor
plans to apply for additional funding
under a future FSP–NEC NOFO.
3. Award Type
a. Grants and Cooperative Agreements
FRA will make awards for projects
selected under this notice through grant
agreements or cooperative agreements.
Grant agreements are used when FRA
does not expect to have substantial
Federal involvement in carrying out the
funded activity. Cooperative agreements
allow for substantial Federal
involvement in carrying out the agreed
upon investment, including technical
assistance, review of interim work
products, and increased program
oversight. The term ‘‘grant’’ is used
throughout this document and is
intended to reference funding awarded
through a grant agreement, as well as
funding awarded through a cooperative
agreement. The funding provided under
this NOFO will be made available to
grantees on a reimbursable basis.
Applicants must certify that their
expenditures are allowable, allocable,
reasonable, and necessary to the
approved project before seeking
reimbursement from FRA. Additionally,
the grantee is expected to expend nonFederal funds at the required percentage
concurrent with Federal funds
throughout the life of the project.
Additionally, FRA may provide grant
funding in phases through a Phased
Funding Agreement (PFA) for Highly
Rated projects. A PFA, authorized at 49
U.S.C. 24911(g)(2), is an FRA grant
agreement associated with the
obligation of an initial grant award
under the Partnership Program. A PFA
shall: (1) establish the terms of
participation by the Federal
Government in the project; (2) establish
the maximum amount of Federal
financial assistance for the project; (3)
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include the period of time for
completing the project, even if such
period extends beyond the period for
which Federal financial assistance is
authorized; and (4) make timely and
efficient management of the project
easier in accordance with Federal law.
FRA anticipates limiting the use of
PFAs to projects that are currently in, or
beginning, the Final Design and/or the
Construction Lifecycle Stages.
A PFA is an FRA grant agreement
with the phased funding provisions in
effect. It provides an initial obligation,
and it also provides contingent
commitments that are not financial
obligations of the Federal Government
but relate to the future obligation of
funds (subject to the availability of
appropriations). In the PFA, FRA
commits to provide funding as specified
in the PFA for the duration of the
project, as long as the grantee continues
to meet the terms of the PFA, and
Congress appropriates sufficient FSP
Program funding for such purpose.
Applications for a Major Capital
Project seeking a PFA must request a
PFA in the project narrative and provide
the additional information required in
Section D(2)(a). Additionally, FRA may
independently determine that a project
is appropriate for a PFA.
b. Letters of Intent
Additionally, FRA may issue Letters
of Intent (LOI) to FSP–NEC grantees
proposing Major Capital Projects.
Applications for a Major Capital Project
that seek FSP–NEC funds beyond what
is made available in this NOFO and who
are seeking an LOI must request an LOI
in the project narrative and provide the
additional information required in
Section D(2)(a). Additionally, FRA may
independently determine that a project
is appropriate for an LOI.
An LOI, authorized at 49 U.S.C.
24911(g)(1), is a letter from FRA to a
grantee announcing ‘‘an intention to
obligate’’ an amount to its Major Capital
Project from future budget authority.
LOIs are contingent commitments and
not binding obligations of the Federal
Government. FRA intends to use LOIs to
demonstrate its intent to provide future
Final Design and Construction Lifecycle
Stage funding for Major Capital Projects
assuming successful completion of
Project Planning and Project
Development Lifecycles for the project.
FRA anticipates issuing LOIs primarily
to projects currently in, or beginning,
the Project Development Lifecycle
Stage. In issuing the LOI, FRA may
outline conditions and/or define
readiness thresholds that the grantee
may use to inform future funding
requests for FSP–NEC funds.
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4. Concurrent Applications
DOT and FRA may be concurrently
soliciting applications for transportation
infrastructure projects for several
financial assistance programs.
Applicants may submit applications
requesting funding for a particular
project to one or more of these
programs. In the application for funding
under this NOFO, applicants must
indicate the program(s) to which they
submitted or plan to submit an
application for funding the entire
project or certain components, as well
as highlight new or revised information
in the application responsive to this
NOFO that differs from the previously
submitted application(s).
C. Eligibility Information
This section of the notice explains
applicant eligibility, cost sharing and
matching requirements, project
eligibility, and operational
independence. Applications that do not
meet the requirements in this section
will be ineligible for funding.
Instructions for submitting eligibility
information to FRA are detailed in
Section D of this NOFO.
1. Eligible Applicants
The following entities are eligible
applicants for all projects permitted
under this notice:
a. A State (including the District of
Columbia);
b. A group of States;
c. An Interstate Compact;
d. A public agency or publicly
chartered authority established by one
or more States;
e. A political subdivision of a State;
f. Amtrak, acting on its own behalf or
under a cooperative agreement with one
or more States;
g. A Federally recognized Indian
Tribe, and
h. Any combination of the entities
described in (a) through (g).
Applications must be submitted by
the lead applicant that serves as the
primary point of contact for the
application, and that if selected, will be
the grantee of the FSP–NEC grant award.
To submit an application under (h)
above, the lead applicant must identify
the other entities(s) and include a
signed statement from an authorized
representative of each entity that affirms
the entity joins the application. See
Section D(2) for further instructions
about submitting an application under
49 U.S.C. 24911(a)(1)(H).
An application submitted by Amtrak
and one or more States, whether eligible
under (a), (b), (f) or (h) above, must
identify the lead applicant and include
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42577
a signed cooperative agreement between
Amtrak and the State(s) consistent with
49 U.S.C. 24911(a)(1)(F). Applications
may reference entities that are not
eligible (e.g., private sector firms) in an
application as a partner in project
funding or implementation, but
ineligible entities do not qualify as an
applicant and cannot be a grantee. If the
applicant seeks to partner with an
ineligible entity (e.g., a private intercity
passenger rail operator), that intention
should be made clear in the application
and a letter of support from the
ineligible entity should be included in
the application. The eligible lead
applicant who partners with other
entities, private or otherwise, will be the
legally responsible party to FRA under
the grant agreement, including for
administering and managing Federal
funds for the authorized purpose and
delivering the project.
2. Cost Sharing and Matching
FRA will evaluate the application
based on the amount of Federal funds
for the eligible project requested in the
application.7 The Federal share of total
costs for FSP projects funded under this
notice shall not exceed 80 percent. The
estimated total cost of a project must be
based on the best available information,
including engineering studies, studies of
economic feasibility, environmental
analyses, and information on the
expected use of equipment and/or
facilities, consistent with 49 U.S.C.
24911(f)(1). As stated in the 2024
Inventory, FRA will generally fund
Major Backlog Projects applying under
this notice up to 80 percent Federal
share of the Total Project Cost of an
eligible project. FRA will generally fund
Capital Renewal, Improvement, and
Station projects applying under this
notice between 50 and 80 percent
Federal share of the total cost of an
eligible project. For a higher Federal
share within this range, FRA will
consider the extent to which: (i) projects
bring assets supporting Intercity
Passenger Rail service into a State of
Good Repair, and (ii) and demonstrate
likelihood of significant Intercity
Passenger Rail outcomes. Additionally,
applicants are encouraged to use FRA’s
cost estimate guidance documentation,
‘‘Capital Cost Estimating: Guidance for
Project Sponsors,’’ and to account for
the impact of external factors (e.g.,
7 If an applicant’s Cost Share Agreement
demonstrates the commitment of more non-Federal
dollars than proposed in the application, the
applicant should explain the distinction and
confirm that the difference was intentional.
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inflation) while preparing the scope,
schedule, and budget.8
Applicants must identify the source(s)
of their non-Federal share and must
clearly and distinctly reflect these funds
as part of the Total Project Cost. The
minimum 20 percent non-Federal share
may be comprised of public or private
funding. FRA will not consider any
Federal financial assistance, or any nonFederal funds already expended (or
otherwise encumbered) toward the
matching requirement, unless compliant
with 2 CFR part 200.9 In-kind
contributions, including the donation of
services, materials, and equipment, may
be credited as a project cost in a uniform
manner consistent with 2 CFR 200.306.
If Amtrak is an applicant under this
NOFO, Amtrak may use ticket and other
non-Federal revenues generated from its
operations and other sources as well as
funding provided by the Advance
Appropriations under the heading
‘‘Northeast Corridor Grants to the
National Railroad Passenger
Corporation’’ to satisfy the non-Federal
share requirements.
Funding under this NOFO may not be
used for costs that are included in or
used to meet cost sharing or matching
requirements of any other federally
financed award or program. If the
applicant is seeking additional funding
for a project that has already received
Federal financial assistance, costs
associated with the scope of work for
the existing Federal award are not
eligible for funding under this NOFO.
Only new scope elements and activities
(e.g., new deliverables) are eligible for
funding under this NOFO.
Before applying, applicants should
carefully review the principles for cost
sharing or matching in 2 CFR 200.306.
See Section D(2)(a) for required
application information on non-Federal
share and Section E for further
discussion of FRA’s consideration of
matching funds in the review and
selection process. FRA will approve preaward costs incurred after
announcement of awards consistent
with 2 CFR 200.458, as applicable. Cost
sharing or matching may be used only
for authorized Federal award purposes.
All contracts for projects financed
with Federal funds will be subject to
applicable Federal requirements.
Applicants that have entered into
contracts for a proposed project prior to
award must ensure that applicable
Federal requirements are included in
8 The ‘‘Capital Cost Estimating: Guidance for
Project Sponsors,’’ is available at: https://
www.fra.dot.gov/Page/P0926.
9 See Section D(2)(a) for supporting information
required to demonstrate eligibility of Federal funds
for use as non-Federal share.
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the contract in the event the project is
selected, and Federal funds are
obligated.
3. Eligible Projects
a. Only projects on the NEC Project
Inventory for which an application is
submitted under this NOFO will be
considered for award. The following
Capital Projects, including acquisition
of real property interests, are eligible:
1. A project to replace, rehabilitate, or
repair infrastructure, equipment, or a
facility used for providing intercity
passenger rail service to bring such
assets into a State of Good Repair.10
2. A project to improve intercity
passenger rail service performance,
including reduced trip times, increased
train frequencies, higher operating
speeds, improved reliability, expanded
capacity, reduced congestion,
electrification, and other improvements,
as determined by the Secretary.
3. A project to expand or establish
new intercity passenger rail service.
4. A group of related projects
described in paragraphs (1) through (3).
5. The planning, environmental
studies, and Final Design for a project
or group of projects described in
paragraphs (1) through (4).
For projects that are on a shared
corridor with Commuter Railroad
Passenger Transportation or freight
transportation, applicants must clearly
demonstrate how the proposed project
benefits Intercity Passenger Rail
Transportation and that funding the
proposed project would be a reasonable
investment in Intercity Passenger Rail
Transportation, independent and
separate from consideration of the
proposed project’s benefits to other
transportation purposes.
Capital Projects, as further defined in
Section A(2), may include the
acquisition of real property interests,
planning, Project Development, Final
Design, and Construction. PreConstruction activities are eligible for
funding independently or in
conjunction with proposed funding for
Construction.
Projects that include Project
Development may include engineering
drawings and specifications (scale
drawings at the 30 percent design level,
including track geometry as
appropriate); design criteria, schematics,
and/or track charts that support the
development of PE; and work that can
be funded in conjunction with
developing PE, such as operations
modeling, surveying, project work/
10 The location of the equipment’s primary use
will determine whether it is a project located on the
NEC.
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management plans, preliminary cost
estimates, and preliminary project
schedules. Project Development funded
under this NOFO must be sufficiently
developed when complete to support
FD or Construction activities. (See
Section D(2)(a)(i) for additional
information.)
b. Application Tracks: Other than as
specified in the 2024 Inventory,
applicants are not limited in the number
of projects for which they seek funding.
However, FRA strongly encourages that
applications identify only one of the
following tracks for an eligible project:
Track 1—Planning Studies and Project
Planning; Track 2—Project
Development; Track 3—FD/
Construction. The project tracks are
based on Lifecycle Stages, and the
Inventory prioritized projects based on
Lifecycle Stage information provided by
Project Sponsors. While applications
covering multiple tracks for a project are
not precluded, such applications will
require a justification for varying from
the 2024 Project Inventory. See Section
E(1)(a). FRA will review the merit of the
justification provided in evaluating the
application. Applicants must identify
the Federal dollar amount requested for
each Lifecycle Stage, itemized by project
component (if applicable) and task.
Where an application covers multiple
tracks, FRA may award funds based on
project readiness information for what it
determines is the appropriate Lifecycle
Stage.
1. Track 1—Planning Studies and
Project Planning: Track 1 consists of
Planning Studies and planning specific
to a Capital Project. Planning Studies
include planning activities (with no
associated Construction), and examples
include: railroad transportation market
forecasting, conceptual design activities
(e.g., operations analysis, establishing
the type and scope of capital
improvements), fleet planning, cost
analysis, station and facility planning,
environmental resource consideration
(e.g., development of a purpose and
need statement, preliminary alternatives
analysis, identification of environmental
resources and analysis of potential
environmental effects), and other
similar activities. A description of
Project Planning may be found in FRA’s
Capital Projects Guidance. Examples
include: the development of a purpose
and need statement; completion of
conceptual engineering and other
design; documentation showing that
project alternatives were considered;
completion of an environmental
resource inventory and potential
environmental concerns analysis; scale
design drawings; public and stakeholder
involvement; completion of an order-of-
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magnitude project cost estimate; and for
Major Capital Projects, completion of an
initial Project Management Plan. Project
Planning projects funded under this
NOFO must be sufficiently developed
when complete to support Project
Development activities.
2. Track 2—Project Development:
Track 2 consists of projects for eligible
Project Development activities. A
description of Project Development may
be found in FRA’s Capital Projects
Guidance. Examples include:
completion of Preliminary Engineering
(PE) and architectural or other design;
PE drawings and specifications (scale
drawings at the 30 percent design level,
including track geometry as
appropriate); design criteria, schematics
and/or track charts that support the
development of PE; work that can be
funded in conjunction with developing
PE, such as operations modeling,
surveying, project work/management
plans, preliminary cost estimates, and
preliminary project schedules;
completion of environmental review;
and completion of applicable project
management documentation (such as a
Project Management Plan, schedule,
Capital Cost Estimate, and financial
plan). Project Development projects
funded under this NOFO must be
sufficiently developed when complete
to support FD or Construction activities.
3. Track 3—FD/Construction: Track 3
consists of projects for eligible FD and
Construction activities. A description of
FD and Construction may be found in
FRA’s Capital Projects Guidance.
Applicants must complete all necessary
Planning and Project Development
stages, including PE and NEPA
requirements, prior to moving to the FD/
Construction stage of a project. FD
funded under this track includes
completion of the Final Design
documentation, resolving remaining
uncertainties or risks associated with
changes to the design and scope of the
Capital Project; addressing procurement
processes; and updating/completing the
applicable project management
documentation (such as a Project
Management Plan, schedule, Capital
Cost Estimate, and financial plan).
During Construction, the Capital Project
is completely built, installed, and
placed in use. Prior to obligation,
applicants selected for funding for FD/
Construction must demonstrate the
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following to FRA’s satisfaction: (A) PE
is completed for the proposed project,
resulting in project designs that are
reasonably expected to conform to all
regulatory, safety, security, and other
design requirements, including those
under the Americans with Disabilities
Act of 1990 (ADA); (B) NEPA is
completed for the proposed project; (C)
the applicants have entered into the
appropriate agreements with key project
partners, including infrastructureowning entities; and (D) for Major
Capital Projects, a Project Management
Plan, schedule, Capital Cost Estimate,
and financial plan are complete and up
to date.
D. Application and Submission
Information
Required documents for the
application are outlined in the following
paragraphs. Applicants must complete
and submit all components of the
application. See Section D(2) for the
application checklist. FRA welcomes
the submission of additional relevant
supporting documentation, such as
planning, engineering, and design
documentation, and letters of support
from partnering organizations, which
will not count against the project
narrative 25-page limit. The Department
may share application information
within the Department or with other
Federal agencies if the Department
determines that sharing is relevant to
the respective program’s objectives.
1. Address To Request Application
Package
Applicants may access application
materials at https://www.Grants.gov and
must submit all application materials in
their entirety through https://
www.Grants.gov no later than 11:59 p.m.
Eastern Time, on July 15, 2024.
Applicants must complete an
Authorized Organization Representative
(AOR) profile on www.Grants.gov and
create a username and password.
Additional information about the
registration process is available at:
https://www.grants.gov/applicants/
applicant-registration.
Applicants are strongly encouraged to
apply early to ensure that all materials
are received before the application
deadline. FRA reserves the right to
modify this deadline. General
information for submitting applications
through Grants.gov can be found at:
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42579
https://www.fra.dot.gov/Page/P0270.
FRA is committed to ensuring that
information is available in appropriate
alternative formats to meet the
requirements of persons who have a
disability. If you require an alternative
version of files provided, please contact
Laura Mahoney, Office of the Chief
Financial Officer, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590;
email: laura.mahoney@dot.gov; phone:
202–578–9337.
The E-Business Point of Contact (EBiz POC) at the applicant’s organization
must respond to the registration email
from Grants.gov and login at
www.Grants.gov to authorize the
applicant as the AOR. Please note there
can be more than one AOR for an
organization.
If an applicant experiences difficulty
at any point during this process, please
call the Grants.gov Customer Center
Hotline at 1–800–518–4726, 24 hours a
day, 7 days a week (closed on Federal
holidays). For information and
instructions on each of these processes,
please see instructions at: grants.gov/
applicants/grant-applications/how-toapply-for-grants.
2. Content and Form of Application
Submission
FRA strongly advises applicants to
read this section carefully. Applicants
must submit all required information
and components of the application
package to be considered for funding.
Applications that are not submitted on
time or do not contain all required
documentation will not be considered
for funding. To support the application,
applicants may provide other relevant
and available optional supporting
documentation that may have been
developed by the applicant, especially
such documentation that provides
evidence of completion of the
appropriate Lifecycle Stage(s) of a
Capital Project. Additionally, applicants
selected to receive funding must satisfy
the requirements in 49 U.S.C. 22903 and
22905, including FRA’s Buy America
requirement and other grant conditions
explained in part at https://
www.fra.dot.gov/page/P0185 and
further in Section F(2)(c) of this notice.
Required documents and information
for an application package include the
following:
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NOFO section
for guidance
Application information
Project Narrative ..........................................................................................................................................................
Statement of Work .......................................................................................................................................................
Environmental Compliance Documentation ................................................................................................................
Matrix of Third-Party Agreements, Utility Company Agreements, and Railroad Agreements ....................................
SF 424—Application for Federal Assistance 11 ...........................................................................................................
SF 424A—Budget Information for Non-Construction or SF 424C—Budget Information for Construction .................
SF 424B—Assurances for Non-Construction or SF 424D—Assurances for Construction ........................................
FRA’s F 30—Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free
Workplace Requirements and Lobbying.
FRA F 251—Applicant Financial Capability Questionnaire ........................................................................................
SF LLL—Disclosure of Lobbying Activities .................................................................................................................
A. Project Narrative
This section describes the minimum
content required in the project narrative
of grant applications. The project
narrative must follow the basic outline
below to address the program
consider project narratives beyond the
25-page limitation. If possible,
applicants should submit supporting
documents via website links rather than
hard copies. If supporting documents
are submitted, applicants must clearly
identify the relevant portions of the
See
See
See
See
See
See
See
See
See
D(2)(a)(i).
D(2)(a)(ii).
D(2)(a)(iii).
D(2)(a)(iv).
D(2)(a)(v).
D(2)(a)(vi).
D(2)(a)(vii).
D(2)(a)(viii).
D(2)(a)(ix).
supporting documents with the page
numbers of the cited information in the
project narrative. The project narrative
must adhere to the following outline.
i. Cover Page: include a cover page
that lists the following elements in
either a table or formatted list:
lotter on DSK11XQN23PROD with NOTICES1
Project Title.
Lead Applicant Name.
Other Applicant Name(s), if applying under 49 U.S.C. 24911(a)(1)(h).
Capital Cost Estimate .....................................................................................................................................................
Amount of FSP Program funding requested under this NOFO ..................................................................................
Amount of proposed non-Federal share for FSP Program funding requested under this NOFO ............................
Source(s) of proposed non-Federal share .....................................................................................................................
Are any funds expected to be borrowed? ....................................................................................................................
Total Project Cost ...........................................................................................................................................................
Total cost by Lifecycle Stage(s) for which funding is requested under this NOFO (list each Lifecycle Stage and
cost separately).
Was a Federal grant application previously submitted for this project? ...................................................................
If yes, state the name of the Federal grant program, funding year, and project title from the previous application..
City(-ies), County(-ies), State(s) where the project is located..
Congressional District(s) where the project is located.
Geospatial data for project location(s) in decimal degrees (with at least five decimal places of precision) ..........
If a track segment or corridor, provide start and end point data.
Current Lifecycle Stage of project at time of application.
Anticipated completion date of current Lifecycle Stage.
Application Track and Lifecyle Stage proposed to be funded by this NOFO.
Intercity Passenger Rail service(s) benefiting from the project (including any Long-Distance services).
Is the project, now or upon completion, located on real property or right-of-way owned by someone other than
the applicant?
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project narrative and statement of work documents.
Where there are discrepancies in the amount
requested among the SF–424, project narrative, and
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See D(2)(b)(viii).
See D(2)(b)(ix).
NOFO section for guidance
I. Cover Page .............................................................................................................................................
II. Project Summary ...................................................................................................................................
III. Project Funding ....................................................................................................................................
IV. Applicant Eligibility Criteria ...................................................................................................................
V. Project Eligibility Criteria .......................................................................................................................
VI. Detailed Project Description .................................................................................................................
VII. Project Location ...................................................................................................................................
VIII. Evaluation and Selection Criteria .......................................................................................................
IX. Project Implementation and Management ...........................................................................................
11 The amount requested from the FSP Program
on the SF–424 is the official record of request and,
therefore, must match the amount requested in the
D(2)(a).
D(2)(b)(i).
D(2)(b)(ii).
D(2)(b)(iii).
D(2)(b)(iv).
D(2)(b)(v).
D(2)(b)(vi).
D(2)(b)(vii).
requirements and assist evaluators in
locating relevant information.
Project narrative section
The above content must be provided
in a narrative statement submitted by
the applicant. The project narrative may
not exceed 25 pages in length
(excluding cover pages, table of
contents, and supporting
documentation). FRA will not review or
See
See
See
See
See
See
See
See
Fmt 4703
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$
$
$
If yes, provide lending
source and amount.
$
$
Yes/No.
Federal grant program:
What is different in this
application from the
previous?
If yes, list the property,
owners, and the nature
of the property interest
for each.12
statement of work, FRA will use the request
reflected in the SF–424.
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Host Railroad/infrastructure owner(s) of project assets.
Other impacted Railroad(s).
Tenant Railroad(s), if applicable.
If applicable, is a 49 U.S.C. 22905-compliant Railroad Agreement in place or pending? ................................
LOI/PFA requested? .......................................................................................................................................................
If LOI requested, provide amount of future request ............................................................................................
If PFA requested:.
(a) Provide amount of request under this NOFO for initial obligation. ......................................................
(b) Provide amount of request under this NOFO for contingent commitment (equal to the remaining
amount of the project cost).
ii. Project Summary: Provide a brief,
4–6 sentence summary of the proposed
project. Include challenges the proposed
project aims to address and summarize
the intended outcomes and anticipated
benefits that will result from the
proposed project.
iii. Grant Funds, Sources, and Use of
Project Funds: Project budgets should
show how different funding sources will
contribute to each activity and present
the data in year of expenditure dollars
and percentages. The budget should
identify other Federal funds the
applicant is applying for, has been
awarded, or intends to use. Funding
sources should be grouped into three
categories: non-Federal, FSP request,
and other Federal with specific amounts
for each funding source that total the
Total Project Cost. Unless the Project
Sponsor has secured other funding for
the project since the date of the 2024
Inventory, FRA expects the Total Project
Cost to be consistent with the column
titled ‘‘Funding Need’’ on the 2024
Inventory. FRA may not award more
funding for a project than is requested
in an application. The applicant should
itemize funding to be spent during the
Inventory Period by project Lifecycle
Stage(s) and by project activity.
Applicants must describe whether nonFederal funds are currently available for
the project or will need to be secured if
the project is selected for funding. To
demonstrate availability, applicants
should submit evidence of the
availability of Non-Federal funds for
FSP Program request and other Federal
funding (if applicable), which may
include a board resolution, letter of
support from the State, a budget
document highlighting the line item or
section committing funds to the
proposed project. The applicant may
provide this documentation in an
appendix. Documentation of previous
and recent local investments in the
project may be evidence of local
financial commitment to the project but
cannot be used to satisfy non-Federal
matching requirements. Any funding
commitment letters must be signed by
an authorized representative of the
entity providing a non-Federal share.
For a Major Capital Project, applicants
are encouraged to provide an
annualized budget in year of
expenditure dollars. Project budget
information must be consistent
throughout all application materials,
specifically the Standard Form (SF) 424,
project narrative, statement of work, and
funding commitment letters.13 The
project budget should be specific to the
project scope described in the
applicant’s request for funding under
this NOFO for project activities during
the Inventory Period. If the project
proposed to be funded under this NOFO
is part of a larger scope, the applicant
may reference the larger scope in the
project narrative but should only
include within the budget table the
project scope identified on the 2024
Inventory and that is proposed to be
funded under this NOFO.
If Federal funding is proposed as
match, demonstrate the applicant’s
determination of eligibility for such use
and the legal basis for that
determination. Also, note if the
requested Federal funding under this
NOFO or other programs must be
obligated or spent by a certain date due
12 In the property listing, please include estimated
location, area, and expected use of property in
relation to the project. A full legal description is
currently unnecessary.
13 If there is a discrepancy between materials,
FRA will use the funding amounts shown in the
applicant’s SF 424 as the amount requested for
funding.
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Yes/No/Pending.
Yes/No.
$
$
$
to dependencies or relationships with
other Federal or non-Federal funding
sources, related projects, law, or other
factors. Indicate whether the applicant
anticipates securing financing for the
project, and what the source, amount
and terms will be. Eligible costs may not
be more than the cost of the most
favorable financing terms reasonably
available for the project at the time of
borrowing. If applicable, the applicant
will certify that the applicant has shown
reasonable diligence in seeking the most
favorable financing terms consistent
with 49 U.S.C. 24911 (g)(2)(c)(iii).
Additionally, please indicate whether
any expected financing will render the
applicant unable to comply with the
terms of 2 CFR part 200 or FRA’s grant
agreement template. If applicable, the
applicant should provide the type and
estimated value of any proposed in-kind
contributions, as well as explain how
the contributions meet the requirements
in 2 CFR 200.306.
Identify any previously incurred costs
the applicant believes are eligible under
project scope, the dates the costs were
incurred, and a citation to the statutory
authority permitting such costs.
Additionally, applicants should
identify and describe Lifecycle Stages
and/or project components that could be
candidates for subsequent FSP funding
if such funding becomes available. PFA
disbursements are not required to align
with project components with
independent utility or operational
independence, since the project as a
whole achieves independent utility and
operational independence. However,
applicants are encouraged to identify
meaningful milestones by which FRA
can measure project progress for each
forecasted funding request.
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Example Project Funding Tables:
Applicants may use the following tables
to describe project funding, and may use
additional rows and columns, or
additional project funding tables, as
appropriate.
TABLE 1—PROJECT FUNDING, OVERVIEW
Task
name/project
component
Task #
Percentage
of total
cost
Cost
Source of
funds and
citation
1.
2.
Total Project Cost:
Federal Funds received from previous FSP grant(s).
Federal FSP funding requested in this application.
Non-Federal FSP funding .................................................................................................
Other Federal funding committed and pending (e.g., Federal Highway Administration,
congressionally directed/earmark, other FRA grant program funds—including previous FSP grants, etc.) 14.
Note: If there are multiple sources of other Federal funding, please break funding
down by each source.
Other non-Federal funding.
Use table 2 to provide a funding
breakdown by Lifecycle Stage/Project
Cash: In-Kind:.
Committed Amount:.
Pending Amount:.
Track. If not applicable, provide
explanation.
Table 2 - Proposed Project Funding, Details:
2
3
Non-Federal
Federal
Federal
IPR
8
Other Federal
(Program Name 2)
Non-Federal
Commu
ter
$
7
6
Other Federal
(Program Name 1)15
FSP
Lifecycle
Stage
5
4
Source
2
$
Cost
Source
1
$
Source
2
$
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$
$
$
$
$
Planning
$
$
$
$
$
$
$
$
$
Project
Development
$
$
$
$
$
$
$
$
$
Final Design
$
$
$
$
$
$
$
$
$
Construction
$
$
$
$
$
$
$
$
$
Totals
*The combined Federal amounts in columns 2, 4 and 6 may not exceed 80% ofthe Total Project Cost.
*The combined Federal and non-Federal amounts should total 100% of Total Project Cost.
If requesting a PFA for FD and
Construction costs, complete Project
Funding Table 3. Add additional FYs, as
appropriate.
14 For other Federal funds that will be used for
the project, the applicant should identify the
Federal program and fiscal year of the funding
request(s), as well as highlight new or revised
information in the application responsive to this
NOFO that differs from the application(s) to other
financial assistance programs.
15 Duplicate columns 4 and 5 as needed to
accommodate each other Federal funding source.
16 FRA expects that Total Project Cost will
generally reflect the amount in the column titled
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Totals
Non-Federal
Federal
Source
117
9
Percent
of Total
Project
Cost16
$
%
%
$
$
$
%
%
100%
$
‘‘Funding Need’’ in the 2024 Inventory because the
application request should only be for costs to fund
the Lifecycle Stages during the Inventory Period.
17 Columns 5 and 7 may be divided to
individually show source and funding amounts per
line item.
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TABLE 3—PROJECT FUNDING, PHASED FUNDING AGREEMENT:
Initial
obligation
request
(FY 2024)
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Lifecycle stage
FY 2025
obligation
request
FY 2026
obligation
request
Total FSP–
NEC request
Final Design .....................................................................................................
Construction .....................................................................................................
$
$
$
$
$
$
$
$
Total FSP–NEC Request .........................................................................
$
$
$
$
iv. Applicant Eligibility Criteria:
Explain how the lead applicant meets
the applicant eligibility criteria outlined
in Section C(1) of this notice. Include
citations to applicable enabling
legislation in support of the applicant’s
eligibility to receive Federal funds. For
public agencies and publicly chartered
authorities established by one or more
States, the explanation must include
relevant legislative language and
citations to the applicable enabling
legislation. To submit a combined
application under 49 U.S.C.
24911(a)(1)(H), the lead applicant must
identify the other eligible applicant(s)
and include a signed statement from an
authorized representative of each entity
that affirms the entity joins the
application.
For applications involving Amtrak
and one or more States, Amtrak and the
State(s) must provide a cooperative
agreement for the project signed by
authorized representatives of Amtrak
and each State. Such cooperative
agreements must include a description
of the roles and responsibilities of each
party, including budget and
subrecipient information showing how
the parties will share project costs. A
Cost Share Agreement signed by Amtrak
and one or more States would address
this requirement if it addressed the
requirements above.
v. Project Eligibility Criteria: Explain
how the proposed project meets the
project eligibility criteria in Section
C(3)(a) of this notice. Include a
statement confirming that the proposed
project is consistent with the 2024
Inventory or provide a statement
indicating that there have not been
material changes to infrastructure,
service conditions or Project Sponsor
capabilities or commitments, or other
significant changes that may affect the
scope, schedule, or budget of the
project. FRA will review the following
for Inventory consistency: Project
Sponsor, Funding Need, Lifecycle Stage,
Schedule, and Scope.18
If these data elements differ from the
information shown on the project on the
18 In this NOFO, the terms ‘‘applicant’’ and
‘‘Project Sponsor’’ are used interchangeably.
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2024 Inventory, the applicant must
provide a statement explaining and/or
justifying such changes and how they
are a result of materially changed
infrastructure or service conditions,
changes in Project Sponsor capabilities
or commitments, or other significant
changes since the completion of the
2024 Inventory, consistent with 49
U.S.C. 24911(d)(1)(A). The justification
should demonstrate why the changed
circumstances could not reasonably
have been known at the time Project
Sponsors provided information to the
NEC Commission to update the NEC
Planning Documents. If the application
proposes to exclude scope that was
included in the 2024 Inventory because
that scope was funded from a different
source, applicants should contact FRA
for technical assistance regarding
permissibility of including costs in the
FSP–NEC project.
Projects shown on the 2024 Inventory
as funded through Construction are
assumed complete with no remaining
Funding Need. If the applicant wishes
to apply for funding to support a
Lifecycle Stage for which FSP funding
has been awarded previously, the
project narrative must include a
justification to demonstrate why the
additional funding is necessary (e.g.,
significant changes in scope of project
since award, partial funding awarded in
prior years). Such applicants should
include how the Federal and nonFederal amounts from the previously
selected project fit into the budget for
the Total Project Cost.
vi. Detailed Project Description: The
applicant must include a detailed
project description that expands upon
the brief project summary. This detailed
description should provide, at a
minimum: a description of the scope of
the entire project, as well as a
description of the scope of the specific
elements of the project for which
funding is being requested in this
NOFO; a project schedule showing
completed and expected start and end
dates for each Lifecycle Stage;
additional background on the
transportation challenges the project
aims to address; a summary of current
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and proposed railroad operations in the
project area and service frequency to
include identification of all railroad
owners and operators; the expected
users and beneficiaries of the project,
including all railroad operators and
types of passenger or freight rail service
operating or proposed to operate in the
project area; and any other information
the applicant deems necessary to justify
the proposed project. See table 4 for
specific project data requests. For
projects that benefit intercity and
commuter rail services, the applicant
should include a statement that Amtrak
and the public authorities providing
Commuter Rail Passenger
Transportation at the eligible project
location are in compliance with 49
U.S.C. 24905(c)(2) and identifying the
funding for the intercity passenger rail
share, the commuter rail share, and the
local share of the project before
commencement of the project.
Applicants must identify these shares
for the Lifecycle Stage(s) for which they
are seeking funding (for example, an
application seeking funding for Project
Development must identify funding
shares only for the Project Development
Lifecycle Stage and not for the FD and
Construction stages of the same project).
For all projects, applicants must
provide information about proposed
performance measures, as described in
Section F(3)(d) and required in 2 CFR
200.301.
vii. Project Location: Applicants must
include geospatial data for the project,
as well as a map of the project’s
location. Geospatial data must be
expressed in decimal degrees for
latitude and longitude with at least five
decimal places of precision.19 If the
project includes a length of track or
corridor development, the start and end
coordinates for each corridor or segment
must be provided. All Congressional
districts in which the project will take
place should be provided. Milepost,
railroad, and subdivision identifiers can
19 For example, if a project was proposed to take
place at the Department of Transportation
Headquarters in Washington, DC then the reported
latitude should be 38.87589, and the longitude
should be reported as ¥77.00337.
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also be provided but must be
accompanied by corresponding latitudes
and longitudes. For projects with
multiple locations, the corresponding
geospatial data must be included for
each location, with individual columns
for latitude and longitude, in table form
as an attachment to the application.
viii. Evaluation and Selection Criteria:
The applicant must include a thorough
discussion of how the proposed project
meets the evaluation and selection
criteria. As described in Section E, FRA
will evaluate applications based on
project readiness, technical merit, and
project outcomes, and will consider
how the applicant’s project aligns with
the Administration priorities. If an
application does not sufficiently address
the evaluation criteria and the selection
criteria, it is unlikely to be a competitive
application. Applicants are expected to
follow the directions and format
requested in this NOFO, and adherence
to these directions will be considered in
evaluations.
FRA expects applicants to include
quantifiable railroad data, such as
information on typical daily, weekly, or
annual train movement by operator;
ridership data for passenger operations;
failure or safety incidents; service
delays; and primary expected project
outcomes such as increased ridership,
increased trains, increased speed,
reduced delays, improved rail network
asset condition and performance, or
similar outcomes and benefits.
Applicants may also include qualitative
data on accessibility improvements to
either new or existing assets. To the
extent feasible, such railroad metrics
should be provided and analyzed
discretely for Intercity Rail Passenger
Transportation and, if applicable,
Commuter Rail Passenger
Transportation and freight rail
transportation services involved in the
proposed project. For operating speed
outcomes, applicants should include
details on curve modifications within
the project scope, if any.
Applicants must organize responses
to the requested project outcomes data
consistent with table 4. Define the
project area used for the data in the
narrative. Indicate, also, if the project
area changes based on the data table.
For example, ridership data may be
tracked between passenger stations on
either side of the project area, while
delays may be tracked according to
railroad interlockings on either side of
the project area. Applicants are
expected to provide the requested data
to the maximum extent practicable.
Appropriate rounding or best estimates
are acceptable in instances where
precise data is unavailable or to account
for possible uncertainty. Where data is
not available, applicants may provide a
qualitative explanation of the
anticipated impact of the project.
TABLE 4—PROJECT OUTCOMES 20
Ridership in the Project Area
Current
Projected
Current
Projected
Total Annual Ridership
Annual Intercity Passenger Rail Ridership
Annual Commuter Passenger Rail Ridership.
Train Counts in the Project Area
Total Weekly Trains
Weekly Intercity Passenger Rail Trains
Weekly Commuter Rail Trains
Weekly Freight Trains
Operating Speeds in the Project Area
Current,
IPR
Projected,
IPR
Current,
CR
Projected,
CR
Average Operating Speed (mph)
Highest Maximum Authorized Speed (mph)
Lowest Maximum Authorized Speed (mph)
Average Scheduled Travel Time (Time/Trip)
Infrastructure-Related Delay in the Project Area
Current
Projected
Existing Assets
%
New Assets
%
I
I
Annual Delay Minutes Attributed to Infrastructure
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Annual Delay Incidents Attributed to Infrastructure
Asset Condition
Provide the percentage of the Total Project Cost that will support replacement, rehabilitation, or
repair of existing assets (either in-kind or with improved assets) versus addition of new assets
that expand the capacity of the railroad network?
Provide a brief description (1–2 sentences) of the asset condition assessment used to determine
the condition ratings reported below.
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For each of the following asset types, indicate whether replacement, rehabilitation, or repair will occur under this project. If yes, provide the quantity or mileage affected, as well
as the age of the existing asset and when it was last in a State of Good Repair. Add
rows where needed to provide appropriate detail.
Included
in
project?
(Yes/No)
Quantity/
mileage
Original
installation
year
Most recent
rehabilitation
year
(for work
similar
to the
applicant’s
proposed
scope)
Most recent
condition
rating
(excellent,
good, fair,
poor)
Track (miles)
Ballast (miles)
Concrete Ties
Wood Ties
Culverts
Catenary Poles
Catenary Wire
Substations
Central Instrument Houses
Signals
Switch Machines
Turnouts
Bridges (Provide Bridge Name/Location.)
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Tunnels (Provide Tunnel Name/Location.)
ix. Project Implementation and
Management: Applicants must describe
proposed project implementation and
project management arrangements.
Include descriptions of the expected
arrangements for project contracting
(Construction, maintenance, and
operation), contract oversight and
control, change-order management, risk
management, and conformance to
Federal requirements for project
progress reporting (see FRA Reports,
available at: https://www.fra.dot.gov/
Page/P0274).
For Track 3 (FD/Construction)
applications:
(A) Describe the scale of track outages
and type of outages expected to
implement the project. Types of outages
could include overnight outage, daytime
outage, extended outage (e.g., 55-hour
weekend outage), continuous outage,
foul time, and no outage. Include a
description of how rail service will be
affected and how Project Sponsors will
coordinate with other users of the
railroad to assess and mitigate existing
service; and
(B) Include a discussion on the types
of force account needs and associated
risk expected for the implementation of
the project, as well as the systems or
plans will be required to mitigate the
risk. Force account types could include
20 In table 4, ‘‘Current’’ means ‘‘prior completed
fiscal year’’ and ‘‘Projected’’ means ‘‘first full year
of operation following project completion.’’
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communications and signal, train and
engine, electric traction, track, and
bridges and buildings.
Further, all applicants must provide
their plan for taking affirmative steps to
employ small businesses consistent
with 2 CFR 200.321. Describe
experience in managing and overseeing
similar projects; the technical
qualifications and demonstrated
experience of key personnel proposed to
lead and perform the technical efforts;
and the qualifications of the primary
and supporting organizations to execute
the proposed project fully and
successfully within the proposed
timeframe and budget, including a
discussion of the factors in 2 CFR
200.206(b) and the proposed approach
to assessing and mitigating project risk.
B. Additional Application Elements
Applicants must submit the following
documents and forms. Note, the
Standard OMB Forms needed for the
electronic application process are
available at: www.Grants.gov.
i. A statement of work (SOW)
addressing the scope, schedule, budget,
and performance measures for the
proposed project if it were selected for
award. The applicant should include
sufficient detail in the SOW so FRA can
understand the expected outcomes of
the proposed work to be performed and
can monitor progress toward completing
project tasks and deliverables during a
prospective grant’s period of
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performance. Applicants are expected to
organize the SOW in the form of
Articles 4–7 of Attachment 2: Project
Specific Terms and Conditions of FRA’s
grant template. Applications that do not
follow this format may be considered
incomplete and may not be reviewed.21
When preparing the budget, the total
cost of a project must be based on the
best available information as indicated
in cited references that include
engineering studies, economic
feasibility studies, environmental
analyses, and information on the
expected use of equipment or facilities.
Applicants must include annual budget
estimates in year of expenditure dollars
for the duration of the project.
For Major Capital Projects applying
under Track 3 (FD/Construction), the
applicant must attach (or link) the
following supplemental material:
A. Schedule in .pdf and either .mpp
or .xer, reflecting:
1. The activities needed to accomplish
the project work along with the duration
of each activity, including completion of
prerequisite activities (such as design,
NEPA, funding, right-of-way
acquisition, agreements, permits/
approvals) needed to begin delivery of
21 The FRA grant agreement consists of three
parts: Attachment 1: Standard Terms and
Conditions, Attachment 2: Project-Specific Terms
and Conditions, and Terms and Conditions
Exhibits. The agreements are available at: https://
railroads.dot.gov/grants-loans/fra-discretionarygrant-agreements.
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the project defined by the application
and indicating the project critical path;
2. Logical sequence of the activities
and major milestones, including project
phasing and seasonal and/or third-party
restrictions on Construction periods;
3. Relationships between the
activities;
4. Narrative description of schedule
and basis and assumptions in the
schedule; along with a summary of
schedule risks;
5. Project completion (month and
year), including dates of substantial
completion, final completion, and
revenue service, along with the date
when the Project Sponsor anticipates
accepting the work; and
6. Level of detail commensurate with
project size.
B. Cost estimate in .pdf and .xlsx
formats, reflecting:
1. All costs and value of resources
needed or incurred for the Project
Development, Final Design and
Construction, including design costs,
right-of-way/right-of-way procurement,
environmental mitigation, public
outreach, Construction, overall project
management, appropriate contingency
for unknowns, costs/resources paid to
third parties for work related to the
project such as utility relocations;
2. Correlation with the preliminary
project design to estimate specific
quantities for each work element and
unit costs used and alignment with the
project scope and project schedule;
3. A midpoint of Construction or
annual escalation to year-of expenditure
to account for cost escalation;
4. Documentation of assumptions,
methodologies, sources, and exclusions;
5. Financing costs, itemized and
shown separately; and
6. Narrative description describing
and explaining the logic, methods,
assumptions, and calculations used in
the estimate.
C. Risk Register in .pdf and .xlsx
formats, reflecting:
1. An objective list of risks and
explanation of each risk’s potential
impacts on the project, organized by risk
category (e.g., market, design, right-ofway, utilities, permits, environmental,
Construction, etc.);
2. A scoring of each risk showing an
objective judgement of relative severity
of risk to project cost and to project
schedule;
3. Planned mitigations for each risk;
and
4. Number of identified risks,
commensurate with project size.
D. A Project Management Plan
describing how the capital project will
be implemented, monitored, and
controlled to help the Project Sponsor
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effectively, efficiently, and safely
deliver the project on-time, withinbudget, and at the highest appropriate
quality. It should include:
1. An organization chart showing key
individuals (whether Sponsor or
consultant team members) that will be
responsible for key aspects of project
delivery for the Project;
2. Brief resume explaining
background and experience of primary
project delivery personnel (e.g., project
manager, grant manager, design
manager, agreements manager, thirdparty/utility manager, real estate
manager, quality manager, safety
manager, construction manager, risk
manager, financial manager, and testing/
start-up manager, as applicable); and
3. A matrix of all agency permits and
agreements needed for the project,
noting the nature of the permit, agency/
entity granting the permit, date permit
anticipated to be issued, and date by
which, if not issued, it will impact
project critical path. Agreements may
include those governing the
construction, operation, and
maintenance of the Project such as those
with governing bodies and partnering
agencies.
ii. Environmental compliance
documentation, as applicable, if a
website link is not cited in the project
narrative. Applicants should explain
what Federal (and, if appropriate, State,
Tribal, and local) environmental
compliance and permitting
requirements have been completed.
Such requirements include NEPA and
other Federal, Tribal, local, and State
permitting requirements, if applicable.
For all other Federal, Tribal, local, and
State environmental permitting
requirements, the applicant should
describe which permits apply, the status
of those reviews, and the expected
timeline for completion. If the NEPA
process is complete, an applicant
should indicate the date of completion,
and provide a website link or other
reference to the documents
demonstrating compliance with NEPA,
which might include final Categorical
Exclusion determination
documentation, a Finding of No
Significant Impact, or a Record of
Decision. If the NEPA process is not yet
underway, the application should state
this. If the NEPA process is underway,
but not complete, the application
should detail the type of NEPA review
underway, where the project is in the
process, and indicate the anticipated
date of completion of all NEPA and
other environmental requirements.
Additional information regarding FRA’s
environmental processes and
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requirements are located at https://
fra.dot.gov/environment.
iii. A matrix of all third-party
agreements necessary for the applicant
to have the financial, technical, and
legal authority to complete the project
for the originally authorized purpose,
including utility company agreements,
and agreements needed for construction
of the project, and agreements allocating
responsibility for ownership, operation,
and maintenance of the project after
completion. For each agreement, the
matrix should note the nature of
agreement, signing parties to agreement,
date agreement anticipated to be
executed, and date by which, if not
executed, it will impact project critical
path. FRA encourages applicants to
enclose or link draft or finalized
agreements in their application
materials.
FRA encourages early cooperation
between applicants and any relevant
infrastructure owners. Under 49 U.S.C.
22905(c)(1), a grant applicant must have
a written agreement with a railroad that
owns rights-of-way to be used by the
project (referred to as the 22905
Agreement) prior to grant obligation. If
the agreement is complete, an applicant
should indicate the agreement’s
effective date, and provide a website
link or attach the agreement as part of
the application. The written agreement
between the grantee and the railroad
should describe use and ownership,
including any compensation for such
use; assurances regarding the adequacy
of infrastructure capacity to
accommodate both existing and future
freight and passenger operations; an
assurance by the railroad that collective
bargaining agreements with the
railroad’s employees, including terms
regulating the contracting of work, will
remain in full force and effect according
to their terms for work performed by the
railroad on the railroad transportation
corridor; and an assurance that the
grantee complies with liability
requirements consistent with 49 U.S.C.
28103. For additional guidance, see the
FRA Answers to Frequently Asked
Questions about Rail Improvement
Grant Conditions under 49 U.S.C.
22905(c)(1): https://railroads.dot.gov/
elibrary/frequently-asked-questionsabout-rail-improvement-grantconditions-under-49-usc-ss-22905c1.
iv. SF 424—Application for Federal
Assistance.
v. SF 424A—Budget Information for
Non-Construction or SF 424C—Budget
Information for Construction.
vi. SF 424B—Assurances for NonConstruction or SF 424D—Assurances
for Construction.
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vii. FRA F30—Certification Regarding
Debarment, Suspension and Other
Responsibility Matters, Drug-Free
Workplace Requirements and Lobbying,
located at https://railroads.dot.gov/
elibrary/fra-f-30-certificationsregarding-debarment-suspension-andother-responsibility-matters.
viii. FRA F251—Applicant Financial
Capability Questionnaire, located at
https://railroads.dot.gov/elibrary/fra-f251.
ix. SF LLL—Disclosure of Lobbying
Activities.
C. Post-Selection Requirements
See Section F(2) of this notice for
post-selection requirements.
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3. Unique Entity Identifier and System
for Award Management (SAM)
To apply for funding through
Grants.gov, applicants must be properly
registered in SAM before submitting an
application, provide a valid unique
entity identifier in its application, and
continue to maintain an active SAM
registration all as described in detail
below. Complete instructions on how to
register and submit an application can
be found at www.Grants.gov. Registering
with Grants.gov is a one-time process;
however, it can take up to several weeks
for first-time registrants to receive
confirmation and a user password. FRA
recommends that applicants start the
registration process as early as possible
to prevent delays that may preclude
submitting an application package by
the application deadline. Applications
will not be accepted after the due date.
FRA may not make a grant award to
an applicant until the applicant has
complied with all applicable SAM
requirements, and if an applicant has
not fully complied with the
requirements by the time the Federal
awarding agency is ready to make a
Federal award, the Federal awarding
agency may determine that the
applicant is not qualified to receive a
Federal award and use that
determination as a basis for making a
Federal award to another applicant. Late
applications, including those that are
the result of a failure to register or
comply with Grants.gov applicant
requirements in a timely manner, will
not be considered. If an applicant has
not fully complied with the
requirements by the submission
deadline, the application will not be
considered. To submit an application
through Grants.gov, applicants must
follow the directions in Section D(3)(c).
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a. Register With the SAM at
www.SAM.gov
All applicants for Federal financial
assistance must maintain current
registrations in the SAM database. An
applicant must be registered in SAM to
successfully register in Grants.gov. The
SAM database is the repository for
standard information about Federal
financial assistance applicants, grantees,
and subrecipients. Organizations that
have previously submitted applications
via Grants.gov are already registered
with SAM, as it is a requirement for
Grants.gov registration. Please note,
however, that applicants must update or
renew their SAM registration at least
once per year to maintain an active
status. Therefore, it is critical to check
registration status well in advance of the
application deadline. If an applicant is
selected for an award, the applicant
must maintain an active SAM
registration with current information
throughout the period of the award,
including information on a grantee’s
immediate and highest-level owner and
subsidiaries, as well as on all
predecessors that have been awarded a
Federal contract or grant within the last
three years, if applicable. Information
about SAM registration procedures is
available at www.SAM.gov.
b. Obtain a Unique Entity Identifier
On April 4, 2022, the Federal
Government discontinued using DUNS
numbers. The DUNS Number was
replaced by a new, non-proprietary
identifier that is provided by the System
for Award Management (SAM.gov). This
new identifier is called the Unique
Entity Identifier (UEI), or the Entity ID.
To find or request a Unique Entity
Identifier, please visit www.SAM.gov.
c. Create a Grants.gov Username and
Password
Applicants must complete an
Authorized Organization Representative
(AOR) profile on www.Grants.gov and
create a username and password.
Applicants must use the organization’s
UEI to complete this step. Additional
information about the registration
process is available at: https://
www.grants.gov/applicants/applicantregistration.
d. Acquire Authorization for Your AOR
From the E-Business Point of Contact
The E-Biz POC at the applicant’s
organization must respond to the
registration email from Grants.gov and
login at www.Grants.gov to authorize the
applicant as the AOR. Please note there
can be more than one AOR for an
organization.
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e. Submit an Application Addressing
All Requirements Outlined in This
NOFO
If an applicant has trouble at any
point during this process, please call the
Grants.gov Customer Center Hotline at
1–800–518–4726, 24 hours a day, 7 days
a week (closed on Federal holidays). For
information and instructions on each of
these processes, please see instructions
at: https://www.grants.gov/support.
4. Submission Dates and Times
Applicants must submit complete
applications to www.Grants.gov no later
than 11:59 p.m. Eastern Time, July 15,
2024. Applicants will receive a systemgenerated acknowledgement of receipt.
FRA reviews Grants.gov information on
dates/times of applications submitted to
determine timeliness of submissions.
Late applications will be neither
reviewed nor considered, no exceptions.
To apply for funding under this
announcement, all applicants are
required to be registered as an
organization with Grants.gov.
Applicants are strongly encouraged to
apply early to ensure all materials are
received before this deadline.
To ensure a fair competition of
limited discretionary funds, no late
submissions will be reviewed for any
reason, including: (1) failure to
complete the Grants.gov registration
process before the deadline; (2) failure
to follow Grants.gov instructions on
how to register and apply as posted on
its website; (3) failure to follow all the
instructions in this NOFO; and (4)
technical issues experienced with the
applicant’s computer or information
technology environment.
5. Intergovernmental Review
Intergovernmental Review is required
for this program. Applicants must
contact their State Single Point of
Contact to comply with their State’s
process under Executive Order 12372.
6. Funding Restrictions
Consistent with 2 CFR 200.458, as
applicable, FRA will only approve preaward costs if such costs are incurred
pursuant to the negotiation and in
anticipation of the grant agreement and
if such costs are necessary for efficient
and timely performance of the scope of
work.22 Under 2 CFR 200.458, grant
recipients must seek written approval
from FRA for pre-award activities to be
22 For more information on pre-award costs under
this program, see FRA Answers to Frequently
Asked Questions about Pre-Award Authority,
available at: https://railroads.dot.gov/sites/
fra.dot.gov/files/2023-03/2023-0306%20FSP%20NEC%20Pre-Award%20FAQ_
PDFa.pdf.
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eligible for reimbursement under the
grant. Activities initiated prior to the
execution of a grant or without FRA’s
written approval may be ineligible for
reimbursement or matching
contribution. Cost sharing or matching
may be used only for authorized Federal
award purposes.
FRA may consider interest and other
financing costs of efficiently carrying
out a part of the project within a
reasonable time as eligible if the
applicant demonstrates reasonable
diligence in seeking the most favorable
financing terms and provides a
certification to that effect as required in
49 U.S.C. 24911(g)(2)(C)(iii). Interest
and financing costs must meet the
requirements specified in 2 CFR part
200, including section 2 CFR 200.449 to
be considered eligible.
Applicants should be aware that, for
a partially funded project, depending
upon applicable Federal law and the
relationship among FSP-funded and
non-FSP funded project portions, the
FSP award may cause non-FSP funded
portions to be subject to Federal
requirements as described in Section
F(2). For example, the NEPA review for
the FSP-funded project component may
need to include evaluation of all project
components as connected, similar, or
cumulative actions.
7. Other Submission Requirements
Please use generally accepted formats
such as .pdf, .doc, .docx, .xls, .xlsx, and
.ppt when uploading attachments.
While applicants may embed picture
files such as .jpg, .gif, and .bmp in
document files, applicants should not
submit attachments in these formats.
Additionally, the following formats will
not be accepted: .com, .bat, .exe, .vbs,
.cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora,
.sys, and .zip.
E. Application Review Information
1. Criteria
A. Completeness and Eligibility Criteria
FRA will first screen each application
for applicant and project eligibility
(eligibility requirements are outlined in
Section C of this notice), completeness
(application documentation and
submission requirements are outlined in
Section D of this notice), and nonFederal match requirements (outlined in
Section C(2) of this notice).
For projects that have a shared benefit
to intercity and commuter rail services,
FRA will determine whether Amtrak
and the public authorities providing
Commuter Rail Passenger
Transportation at the eligible project
location are in compliance with 49
U.S.C. 24905(c)(2) and have identified
funding for the intercity passenger rail
share, the commuter rail share, and the
local share of the eligible project before
the commencement of the project.
Applicants must identify these shares
for the Lifecycle Stage(s) for which they
are seeking funding (for example, an
application seeking funding for Project
Development must identify funding
shares only for the Project Development
Lifecycle Stage and not for the FD and
Construction stages of the same project).
Then, FRA will determine whether
the proposed project in each eligible
and complete application is consistent
with the 2024 Inventory and, if not,
whether there has been a material
change to infrastructure or service
conditions, changes in Project Sponsor
capabilities or commitments, or other
significant changes since publication of
the 2024 Inventory, consistent with 49
U.S.C. 24911(d)(1)(A). FRA will review
whether the Project Sponsor, Funding
Need, Lifecycle Stage and Schedule, and
Scope as provided in the submitted
application are consistent with the 2024
Inventory. Project Sponsors must
explain changes or inconsistencies
between the 2024 Inventory and their
submitted application to ensure
compliance. For this criterion, FRA will
use the rubric rating defined below in
evaluating the degree to which
applications are responsive to the
criteria.
ELIGIBILITY CRITERIA RATING—NEC PROJECT INVENTORY CONSISTENCY
[For the Inventory consistency criteria described in Section E(1)(A), FRA will evaluate the application’s responsiveness to the criteria and the
merit of the response, including an assessment of supporting justifications, and assign an Inventory consistency rating.]
Inconsistent
Minimally consistent
Highly consistent
Project does not appear on the most recently published NEC Project Inventory.
Project appears on the most recently published NEC
Project Inventory. One or more of the Project
Sponsor, Funding Need, Lifecycle Stage, Schedule, or Scope is inconsistent with the Inventory,
and there is limited or no information to justify or
explain the change.
Project appears on the most recently published NEC
Project Inventory. The Project Sponsor, Funding
Need, Lifecycle Stage, Schedule, and Scope are
consistent with the Inventory or are inconsistent,
but sufficient and reasonable information to justify
or explain the change has been provided.
Applications that are determined to
be incomplete, that describe an
ineligible applicant or project, that
describe an insufficient non-Federal
share, or receive a rating of
‘‘Inconsistent’’ on the above rubric are
ineligible and will not proceed to the
Evaluation Review Phase.
to implement the proposed project,
including whether the applicant is
reasonably equipped to begin the capital
or planning project in a timely manner
to meet its proposed schedule. FRA will
evaluate whether the applicant is able to
meet project milestones and use Federal
funds efficiently to deliver the proposed
project.23
FRA will evaluate the application for
the degree to which—
a. The application demonstrates
environmental readiness, evidenced by
the status of required NEPA actions and
environmental permitting readiness (if
applicable);
b. The application demonstrates that
the project has completed or will
complete any preceding Lifecycle
Stage(s) and the project is able to
complete all requirements of the
proposed Lifecycle Stage(s) with the
requested funding;
c. Project partner coordination and
commitments are secured or able to be
secured without undue delay;
d. The status and timeline of
agreements, including the agreement
required under 49 U.S.C. 22905(c)(1),
Cost Share Agreements, and other
agreements necessary for the legal,
financial, and technical capacity to
complete the project, are sufficiently
lotter on DSK11XQN23PROD with NOTICES1
B. Merit Criteria
FRA will evaluate all eligible and
complete applications using the
evaluation criteria outlined in this
section to determine project readiness,
technical merit, and project outcomes.
i. Project Readiness
In evaluating project readiness, FRA
will evaluate project risk based on the
applicant’s preparedness and capacity
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23 Additional information on DOT’s Project
Readiness checklist can be found here: https://
www.transportation.gov/grants/dot-navigator/
project-readiness-checklist-dot-discretionary-grantapplicants.
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developed for the proposed project
Lifecycle Stage;
e. The applicant demonstrates
financial readiness, including
commitment of funds for proposed nonFederal matching sources in the form of
cost sharing agreements or signed
financial commitment letters.
f. The application demonstrates an
understanding of the risk, if any, related
to force account, the force account
impact on project implementation, and
the coordination and planning required
to mitigate those risks; and
g. The application demonstrates an
understanding of track outages needed
to complete the proposed Lifecycle
Stage(s), if any, and that related systems
to manage track outage needs are
sufficiently advanced.
ii. Technical Merit
In evaluating technical merit, FRA
will evaluate the degree to which the
application, statement of work,
schedule, and budget are reasonable and
appropriate to achieve the expected
outcomes, commit the necessary
resources and workforce to deliver the
project, and the proposed project
elements that are appropriate for the
project funding request. FRA will also
consider applicant risk, including the
applicant’s past performance in
developing and delivering similar
projects. FRA will evaluate application
information for the degree to which—
a. The tasks and subtasks outlined in
the SOW are appropriate to achieve the
expected outcomes of the proposed
project;
b. The technical qualifications and
experience of key personnel the
applicant proposes to lead and perform
the technical efforts, including the
qualifications of the primary and
supporting organizations, demonstrates
the ability to execute the proposed
project fully and successfully within the
proposed time frame and budget.
Discussion of applicant qualifications
should include experience in managing
similar projects and specifically address
the considerations in 2 CFR 200.206(b);
and
c. The applicant has, or will have the
legal, financial, and technical capacity
to carry out the proposed project, to
retain satisfactory continuing access
over the use of the equipment or
facilities, and the capability and
willingness to maintain the equipment
or facilities.
iii. Project Outcomes
The NEC is the busiest passenger
railroad in the United States. As such,
projects located on the NEC and
included in the NEC Project Inventory
provide a wide range of project
outcomes that benefit intercity
passenger rail service. Within this
context, in evaluating project outcomes
under this notice, FRA will focus on the
extent to which the project will
reasonably:
a. Bring assets into a State of Good
Repair and reduce the NEC’s State of
Good Repair backlog;
b. Improve intercity passenger rail
service performance by increasing
operating speeds in the project area; and
c. Improve intercity passenger rail
service performance by reducing
infrastructure-related delays in the
project area.
Comprehensive and accurate
submission of the requested project
outcome data (in the form provided in
table 4 of section D(2)(a)) will afford
FRA the best opportunity to evaluate a
proposed project’s projected outcomes,
and such responses will be foundational
to FRA’s assessment of project
outcomes.
While FRA has identified these three
outcomes as priorities for this NOFO,
Project Sponsors are encouraged to
identify any further outcomes and
benefits of their proposed projects.
Project Sponsors are especially
encouraged to identify any benefits and
outcomes that align with the
Administration priorities described
under Selection Criteria, below.
For each of the merit criteria, FRA
will use the rubric ratings defined below
in evaluating the degree to which
applications are responsive to the
criteria.
MERIT CRITERIA RATINGS—PROJECT READINESS
[For the project readiness criteria described in Section E(1)(B)(i), FRA will evaluate the application’s responsiveness to the criteria and the merit
of the response, including an assessment of supporting justifications, and assign a cumulative project readiness risk rating.]
Unacceptable
High risk
Medium risk
Low risk
Application provides limited or no information necessary to assess the
project against the project readiness
criteria; application does not demonstrate support, progress, or completion of required Lifecycle Stage
prerequisites; or application indicates
one or more significant barriers that
would prevent project delivery.
Application provides insufficient information to assess the project against
the project readiness criteria; application does not demonstrate sufficient support, progress, or completion of required Lifecycle Stage prerequisites and indicates risk to advancing the project without foreseeable delays; or application indicates
a barrier that would likely prevent
project delivery.
Application provides sufficient information to assess the project against the
readiness criteria; application demonstrates support, progress, or completion of one or more required
Lifecycle Stage prerequisites but indicates some risk to advancing the
project in a timely manner; and the
application does not indicate a barrier that would likely prevent project
delivery.
Application provides thorough and
complete information and evidence
to assess the project against the
project readiness criteria demonstrates strong support, progress,
or completion of required Lifecycle
Stage prerequisites, indicates minimal risk to advancing the project in a
timely manner, and application does
not indicate a barrier that would likely
prevent project delivery.
lotter on DSK11XQN23PROD with NOTICES1
MERIT CRITERIA RATINGS—TECHNICAL MERIT
For the technical merit criteria described in Section E(1)(B)(ii), FRA will evaluate the application’s responsiveness to the criteria and the merit of
the response, including an assessment of supporting justifications, and assign a cumulative technical merit rating.]
Unacceptable
Acceptable
Responsive
Highly responsive
Application provides limited or no information necessary to assess the
project against the technical merit criteria, or application demonstrates one
or more significant technical challenges that would prevent the applicant from delivering the project.
Application contains insufficient information to assess the project against
one or more of the technical merit
criteria, or application demonstrates
technical challenges that could affect
project delivery but not prevent the
applicant from delivering the project.
Application provides sufficient information and evidence to assess the
project against the technical merit
criteria and demonstrates that the
applicant can deliver the project with
minimal technical challenges.
Application provides thorough and
complete information and evidence
to assess the project against the
technical merit criteria and sufficiently demonstrates that the project
can be successfully delivered by the
applicant.
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MERIT CRITERIA RATINGS—PROJECT OUTCOMES
[For the project outcomes criteria described in section E(1)(B)(iii), FRA will evaluate the application’s responsiveness to the criteria and the merit
of the response, including an assessment of supporting justifications, and assign a cumulative Project Outcomes rating.]
Unacceptable
Acceptable
Responsive
Highly responsive
Application provides limited or no information necessary to assess the
project against the project outcomes
criteria or demonstrates that the
project will not result in State of Good
Repair, higher operating speed, or infrastructure delay reduction outcomes.
Application contains insufficient information to assess the project against
the project outcomes criteria or does
not demonstrate that the project will
achieve all of its intended State of
Good Repair, higher operating
speed, or infrastructure delay reduction outcomes.
Application provides sufficient information to assess the project against the
project outcomes criteria and adequately demonstrates that the project
will likely achieve State of Good Repair, higher operating speed, or infrastructure delay reduction outcomes.
Application provides thorough and
complete information and evidence
to assess the project against the
project outcomes criteria and sufficiently demonstrates that the project
will achieve one or more significant
State of Good Repair, higher operating speed, or infrastructure delay
reduction outcomes.
C. Selection Criteria
After completing the evaluation
criteria review, FRA will apply the
selection preferences described in
Section E(1)(C)(i), consider the
Administration priorities described in
Section E(1)(C)(ii), and compare the
applicant’s proposed Federal share to
the Funding Considerations described
in Section E(1)(C)(iii).
lotter on DSK11XQN23PROD with NOTICES1
i. Program Preferences
FRA will apply program preferences
in the order of priority listed below:
a. Major Backlog Projects; then
b. Capital Renewal, Improvement, and
Station projects that are:
i. In or entering the Construction
Lifecycle Stage; then
ii. In or entering the Final Design
Lifecycle Stage; then
iii. In or entering the Planning or
Project Development Lifecycle Stages;
and
c. Within each of the Lifecycle Stages
above, Capital Renewal, Improvement,
and Station projects that exhibit one or
more of the following features:
i. Reduction in the NEC’s State of
Good Repair backlog;
ii. Demonstration of likelihood of
significant Intercity Passenger Rail
outcomes; and
iii. Require a Federal share of less
than 80 percent of the Total Project
Cost; then
d. Planning Studies.24
ii. Administration Priorities
FRA will consider the extent to which
projects achieve and are responsive to
the following key Administration
priorities:
Safety: FRA will assess the project’s
ability to foster a safe transportation
system for the movement of goods and
people, consistent with the
Department’s strategic goal to reduce
transportation-related fatalities and
24 While these program preferences align with the
2024 Inventory, applications received by FRA
through this NOFO may result in a selection of
projects that differs from the sequence that appears
on the 2024 Inventory.
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serious injuries across the transportation
system. Such considerations will
include, but are not limited to, the
extent to which the project improves
and upgrades infrastructure to achieve a
higher level of safety, provides
substantial safety benefits compared to
existing conditions and uses an
appropriately trained workforce.
Overall, FRA expects that projects will
provide positive safety benefits for all
users and not negatively impact safety
for all users.
Climate Change and Sustainability:
FRA will assess the project’s ability to
reduce the harmful effects of climate
change and anticipate necessary
improvements to prepare for extreme
weather events. Such considerations
may include, but are not limited to, the
extent to which the project reduces
emissions, promotes energy efficiency,
increases resiliency, incorporates
evidence-based climate resilience
measures or features, and avoids
adverse environmental impacts to air or
water quality, wetlands, and endangered
species. Projects that lead to a
significant reduction of emissions
resulting from rehabilitating,
remanufacturing, procuring, and
overhauling a locomotive meet the
objective of this priority.
Applicants are encouraged to use the
DOT Navigator Climate checklist
(https://www.transportation.gov/grants/
dot-navigator/checklist-strong-climatechange-mitigation-adaptation-andresilience-grant) in responding to this
criterion. Applications that are rated
highly on this criterion will be those
that use data-driven and evidence-based
methods to demonstrate that the project
will:
• Significantly reduce greenhouse gas
(GHG) emissions in the transportation
sector; and
• Incorporate evidence-based climate
resilience measures or features,
including those that advance objectives
in the National Climate Resilience
Framework (https://
www.whitehouse.gov/wp-content/
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uploads/2023/09/National-ClimateResilience-Framework-FINAL.pdf).
Equity and Justice40: FRA will assess
elements including how the project will
create positive outcomes that will
reduce, mitigate, or reverse how a
community is experiencing
disadvantages through increasing
affordable transportation options,
improving health or safety, reducing
pollution, connecting Americans to
good-paying jobs, fighting climate
change, and/or improving access to
nature, resources, transportation or
mobility, and quality of life. FRA will
consider the benefits and potential
burdens a project may create, who
would experience them and how the
benefits and potential burdens will
impact disadvantaged communities.
Applicants should use the Climate
and Economic Justice Screening Tool
(CEJST) as the primary tool to identify
disadvantaged communities (Justice40
communities).25 Applicants are strongly
encouraged to use the USDOT Equitable
Transportation Community (ETC)
Explorer to understand how their
community or project area is
experiencing disadvantage related to
lack of transportation investments or
opportunities. Through understanding
how a community or project area is
experiencing transportation-related
disadvantage, applicants are able to
address how the benefits of a project
will reverse or mitigate the burdens of
disadvantage and demonstrate how the
25 Established by Executive Order 14008 on
Tackling the Climate Crisis at Home and Abroad,
the Justice40 Initiative sets a goal that 40% of the
overall benefits of certain Federal investments in
climate, clean energy, and other areas flow to
disadvantaged communities that are marginalized
by underinvestment and overburdened by
pollution. Pursuant to M–21–28 and M–23–09,
issued by the White House Office of Management
and Budget, White House Council on
Environmental Quality, and White House Office of
Domestic Climate Policy, USDOT recognizes
disadvantaged communities as the census tracts
that are identified as disadvantaged by the CEJST,
as well as all Federally Recognized Tribes and
Tribal entities.
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project will address challenges and
accrue benefits.
Applicants are strongly encouraged to
use the FRA’s Justice40 Rail Explorer
Tool, (https://usdot.maps.arcgis.com/
apps/webappviewer/?id=
fd9810f673b64d228ae072bead46f703)
to identify the rail infrastructure in their
project and features of the surrounding
community as the basis of their
assessment. The FRA Justice40 Rail
Explorer Tool is a rail-specific
complement to the USDOT ETC
Explorer and leverages the same
methodology and metrics. The FRA
Justice40 Rail Explorer Tool provides
GIS information on existing rail
infrastructure, communities, and
pollution levels based on the proposed
project’s location, and applicants can
thus use this tool to note how their
project location scores across several
different measures. Transportation
disadvantaged communities experience
burden, as a result of underinvestment
in transportation, in the following five
components: Transportation Insecurity,
Climate and Disaster Risk Burden,
Environmental Burden, Health
Vulnerability, and Social Vulnerability.
Workforce Development, Job Quality,
and Wealth Creation: FRA will assess
how the project will create good-paying,
safe jobs with free and fair choice to join
a union including through the use of a
project labor agreement, promote
investments in high-quality workforce
development programs, adopt local and
economic hiring preferences for the
project workforce, and promote local
inclusive economic and
entrepreneurship programs.
For Administration priorities, FRA
will consider the application’s
responsiveness to the criteria, and will
provide a rating of ‘‘Non-responsive,
‘‘Acceptable,’’ ‘‘Responsive,’’ or ‘‘Highly
Responsive’’ as described in the rubric
below. Applicants should provide a
response for each Administrative
Priority addressed by their proposed
project. Applicants do not need to
respond to an Administration Priority if
it is not applicable to their proposed
project.
ADMINISTRATION PRIORITIES
[For the Administration priorities Criteria described in Section E(1)(C)(ii), FRA will consider the application’s responsiveness to the criteria,
including an assessment of supporting justifications.]
Non-responsive
Acceptable
Responsive
Highly responsive
Application contains insufficient information to assess the project against any
of the Administration Priorities, or
project is inconsistent with one or
more of the Administration priorities.
Application contains limited information
that is supported by some evidence,
but primarily described qualitatively,
that the project is consistent with at
least one of the Administration priorities.
Application contains sufficient information, that is adequately supported by
both quantitative and qualitative evidence, that the project has clear and
direct benefits in at least one of the
Administration priority areas.
Application contains thorough and complete information, that is strongly
supported by both quantitative and
qualitative evidence, that the project
has clear, direct, and significant benefits in one or more of the Administration priority areas and is not inconsistent with any of the Administration
priorities.
iii. Funding Considerations
In determining FSP Program funding
allocations, FRA will fund Major
Backlog Projects at up to 80 percent of
the Funding Need. FRA will generally
fund Capital Renewal, Improvement,
and Station projects applying under this
notice between 50 and 80 percent of the
Funding Need. For Capital Renewal,
Improvement and Station projects, FRA
will consider a higher Federal share,
within this range, to the extent such
projects:
(A) Bring assets supporting Intercity
Passenger Rail service into a State of
Good Repair; and
(B) Demonstrate likelihood of
significant Intercity Passenger Rail
outcomes.
FRA encourages applicants to
incorporate these funding
considerations in preparing their
applications and developing their
proposed FSP funding requests and
non-Federal share amounts.
Upon completion of all reviews, FRA
will finalize an Overall Rating for each
application. This rating will be a
combination of the results of the
Inventory consistency review, the three
merit criteria reviews, specifically,
project readiness, technical merit, and
project outcomes criteria ratings as
described in Sections E(1)(B)(i)–
E(1)(B)(iii), and the Administration
priorities as described in Section
E(1)(C)(ii). Provided in the Overall
Rating rubric below, each rating has
defined parameters to which each
application will be assessed.
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OVERALL RATING
Not recommended
Acceptable
Recommended
Highly recommended
Application received an overall score of
unacceptable based on Inventory
consistency, project readiness, technical merit, and project outcomes ratings and consideration of Administration priorities.
Application received an overall score of
acceptable based on Inventory consistency, project readiness, technical
merit, and project outcomes ratings
and consideration of Administration
priorities.
Application received an overall score of
recommended based on Inventory
consistency, project readiness, technical merit, and project outcomes ratings and has clear and direct benefits in one of the Administration priorities.
Application received an overall score of
highly recommended based on Inventory consistency, project readiness, technical merit, and project
outcomes ratings and has clear, direct, and significant benefits in one
or more of the Administration priorities.
The evaluation process may draw
upon subject matter experts within FRA
whose expertise is relevant to
understanding the application’s
responsiveness to the program criteria,
such as assessing the applicant’s
capacity to successfully deliver the
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project in compliance with applicable
Federal requirements based on factors
including, but not limited to, the
recipient’s experience working with
Federal agencies, previous experience
with DOT discretionary grant awards
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and/or the technical experience and
resources dedicated to the project.
Finally, in determining the allocation
of program funds, FRA may also
consider geographic diversity, diversity
in the size of the systems receiving
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funding, and the applicant’s receipt of
other competitive awards.
the Secretary’s or his designee’s review
and approval and announces selections.
2. Review and Selection Process
FRA will conduct a five-part
application review process, as follows:
i. Intake and Eligibility Phase: Screen
applications for applicant and project
eligibility, completeness, and the
minimum non-Federal share; evaluate
eligible and complete applications
against the eligibility criteria (Inventory
consistency; phase completed by the
Evaluation Management and Oversight
Team (EMOT), comprised of FRA
program review directors who manage
the pre-award process).
ii. Evaluation Review Phase: Evaluate
applications successfully passing
through Intake and Eligibility Reviews
against the merit criteria (project
readiness, technical merit, and project
outcomes) specified in this notice and
the applicant’s ability (based on past
performance) to develop and deliver
similar projects, as well as alignment
with the Administration priorities. This
phase is completed by technical merit,
environmental risk, and NEC impact
review panels consisting of FRA and
other DOT staff. The EMOT will
compile the results of the Evaluation
Review Phase consistent with the FSP
Program selection preferences. After
considering all FRA reviews under the
criteria, applications will be assigned an
overall rating of ‘‘Highly
Recommended,’’ ‘‘Recommended,’’
‘‘Acceptable,’’ or ‘‘Not Recommended.’’
iii. Steering Committee Phase: The
Steering Committee is comprised of
Senior Directors with the Office of
Railroad Development and may also
include senior leadership from the
Railroad Office of Safety and other
relevant departments. The EMOT briefs
the Steering Committee on all rated
applications, consistent with the
prioritization reflected on the NEC
Project Inventory, and the Steering
Committee may request more
information from FRA offices whose
expertise may be relevant. The Steering
Committee provides strategic direction,
in line with program goals outlined in
this NOFO, on the development of
funding scenario materials, including
LOI and PFA recommendations for
Highly Rated projects, and approach for
the Senior Review Team (SRT) briefing.
iv. Senior Review Phase: The SRT will
review, apply selection criteria, and
recommend initial selection of projects
and LOI/PFAs for the FRA
Administrator’s review. The SRT may
include senior leadership from the
Office of the Secretary and FRA.
v. Selection and Award Phase: The
FRA Administrator selects awards for
3. Reporting Matters Related to Integrity
and Performance
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Before making a Federal award with
a total amount of Federal share greater
than the simplified acquisition
threshold of $250,000 (see 2 CFR 200.88
Simplified Acquisition Threshold), FRA
will review and consider any
information about the applicant that is
in the designated integrity and
performance system accessible through
SAM (currently the Federal Awardee
Performance and Integrity Information
System (FAPIIS)). See 41 U.S.C. 2313.
An applicant, at its option, may
review information in the designated
integrity and performance systems
accessible through SAM and comment
on any information about itself that a
Federal awarding agency previously
entered and is currently in the
designated integrity and performance
system accessible through SAM.
FRA will consider any comments by
the applicant, in addition to the other
information, 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 200.205.
F. Federal Award Administration
Information
1. Federal Award Notice
FRA will announce applications
selected for funding in a press release
and on FRA’s website after the
application review period. This
announcement is FRA’s notification to
successful and unsuccessful applicants
alike. Following this announcement,
FRA will contact the point of contact
listed in the SF 424 to initiate
negotiation of a project-specific
agreement. This notification is not an
authorization to begin proposed project
activities. FRA requires satisfaction of
applicable requirements by the
applicant and a formal agreement signed
by both the grantee and the FRA,
including an approved scope, schedule,
and budget, before obligating the grant.
2. Administrative and National Policy
Requirements
In connection with any program or
activity conducted with or benefiting
from funds awarded under this notice,
grantees of funds must comply with all
applicable requirements of Federal law,
including, without limitation, the
Constitution of the United States; the
conditions of performance,
nondiscrimination requirements, and
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other assurances made applicable to the
award of funds in accordance with
regulations of DOT; and applicable
Federal financial assistance and
contracting principles promulgated by
the Office of Management and Budget.
In complying with these requirements,
grantees, in particular, must ensure that
no concession agreements are denied, or
other contracting decisions made on the
basis of speech or other activities
protected by the First Amendment. If
DOT determines that a grantee has
failed to comply with applicable Federal
requirements, DOT may terminate the
award of funds and disallow previously
incurred costs, requiring the grantee to
reimburse any expended award funds.
Examples of administrative and
national policy requirements include:
procurement standards at 2 CFR part
200 subpart D, 2 CFR 1201.317, and 2
CFR 200.401; compliance with Federal
civil rights laws and regulations;
disadvantaged business enterprises
requirements; debarment and
suspension requirements; drug-free
workplace requirements; FRA’s and
OMB’s Assurances and Certifications;
ADA requirements; safety requirements;
NEPA, including consideration of
environmental justice requirements; and
compliance with 49 U.S.C. 24905 for the
duration of NEC Projects. Unless
otherwise stated in statutory or
legislative authority, or appropriations
language, all financial assistance awards
follow the Uniform Administrative
Requirements, Cost Principles and
Audit Requirements for Federal Awards
at 2 CFR part 200 and 2 CFR part 1201.
Assistance under this NOFO is subject
to the grant conditions in 49 U.S.C.
22905, including protective
arrangements that are equivalent to the
protective arrangements established
under section 504 of the Railroad
Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 836) with respect
to employees affected by actions taken
in connection with the project to be
financed in whole or in part by grants
subject to 49 U.S.C. 22905, the provision
deeming operators rail carriers and
employers for certain purposes, and
grantee agreements with railroad rightof-way owners for projects using
railroad rights-of-way (see Section
D(2)(a)).26
Projects must sufficiently consider
climate change and environmental
justice in their planning, as determined
by FRA and consistent with core policy
goals of assessing these potential
impacts. For example, see Executive
26 More information on labor protections can be
found here: https://railroads.dot.gov/elibrary/
equivalent-labor-protections.
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Order 14008, Tackling the Climate
Crisis at Home and Abroad (86 FR 7619)
and Executive Order 14096, Revitalizing
Our Nation’s Commitment to
Environmental Justice for All (88 FR
25251). In the grant agreement,
recipients will be expected to describe
activities they have taken or will take
prior to obligation of Construction funds
that addresses climate change and
environmental justice. Activities that
address climate change include, but are
not limited to, demonstrating the project
will result in significant GHG emissions
reductions; the project supports GHG
emissions reductions goals in a Local/
Regional/State plan; the project
improves disaster preparedness and
resilience; the project incorporates
resilience in its design; and the project
primarily focuses on funding for State of
Good Repair and clean transportation
options, including public
transportation, walking, biking, and
micro-mobility. Activities that address
environmental justice may include, but
are not limited to: basing project design
on consideration of community impacts;
information gained from screening tools
such as CEJST, EPA’s EJ Screen, or
another appropriate environmental and
community impact tool developed by a
State agency; conducting enhanced,
targeted outreach to potentially affected
communities, including disadvantaged
communities; considering
environmental justice in alternatives
analysis and final project design; and
supporting a modal shift in freight or
passenger movement to reduce GHG
emissions or reduce induced travel
demand.
Projects must consider and address
equity and barriers to opportunity in
their planning, as determined by FRA
and consistent with Executive Order
13985, Advancing Racial Equity and
Support for Underserved Communities
Through the Federal Government (86 FR
7009). The grant agreement should
include the grantee’s description of
activities it has taken or will take prior
to obligation of Construction funds that
addresses equity and barriers to
opportunity. These activities may
include, but are not limited to:
completing an equity impact analysis
for the project; completing a community
needs assessment; adopting an equity
and inclusion program/plan; conducting
meaningful public engagement to ensure
underserved communities are provided
an opportunity to be involved in the
planning process; including investments
that either redress past barriers to
opportunity or that proactively create
new connections and opportunities for
underserved communities; hiring from
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local communities; improving access to
or providing economic growth and
wealth building opportunities for
underserved, overburdened, or rural
communities; or addressing historic or
current inequitable air pollution or
other environmental, health, or
economic burdens and impacts.
To the extent that applicants have not
sufficiently considered job quality and
labor rights in their planning, as
determined by the Department of Labor,
consistent with Executive Order 14025,
Worker Organizing and Empowerment
(86 FR 22829), and Executive Order
14052, Implementation of the
Infrastructure Investment and Jobs Act
(86 FR 64335). Specifically, the Project
Planning activities and project delivery
actions must support: (a) strong labor
standards and the free and fair choice to
join a union, including project labor
agreements, local hire agreements,
distribution of workplace rights notices,
and use of an appropriately trained
workforce; (b) support of high-quality
workforce development programs,
including registered apprenticeship,
labor-management training programs,
and supportive services to help train,
place, and retain people in good-paying
jobs and apprenticeships; and (c)
comprehensive planning and policies to
promote hiring and inclusion for all
groups of workers, including through
the use of local and economic hiring
preferences, linkage agreements with
workforce programs that serve
underrepresented groups, and proactive
plans to prevent harassment. (See
Article 11 of FRA’s Attachment 2:
Project-Specific Terms and Conditions
for a list of project activities that address
efforts to support good-paying jobs and
strong labor standards, available at:
https://railroads.dot.gov/sites/
fra.dot.gov/files/2024-02/Attachment_2_
Project_Specific_Terms_12.11.23_
PDFa.pdf).
The U.S. Department of Labor’s Office
of Federal Contract Compliance
Programs (OFCCP) is charged with
enforcing Executive Order 11246,
Section 503 of the Rehabilitation Act,
and the Vietnam Era Veterans’
Readjustment Assistance Act of 1974.
OFCCP has a Mega Construction Project
Program through which it engages with
Project Sponsors as early as the design
phase to help promote compliance with
non-discrimination and affirmative
action obligations. OFCCP will identify
projects that receive an award under
this notice and are required to
participate in OFCCP’s Mega
Construction Project Program from a
wide range of federally assisted projects
over which OFCCP has jurisdiction and
that have a project cost above $35
million. DOT will require Project
Sponsors with costs above $35 million
that receive awards under this funding
opportunity to partner with OFCCP, if
selected by OFCCP, as a condition of
their DOT award.
All expenses incurred for an FSP
funded project on the 2024 Inventory
must comply with FSP requirements. If
a Project Sponsor incurs any costs for a
project that is on the NEC Project
Inventory, the Project Sponsor must
ensure compliance with FSP program
requirements to receive FSP funding,
regardless of whether the cost is funded
by the FSP program, because it is part
of the project that is on the Inventory.
If the Project Sponsor is unable to bring
any components of the project into
compliance with FSP Program
requirements, the applicant must define
a component project, consistent with
requirements outlined in Section
C(3)(b), for the use of FSP funding and
demonstrate a reduction of the Total
Project Cost (commensurate with the
cost of the non-compliant component)
from the Funding Need depicted for the
project in the 2024 Inventory.
a. Federal Contract Compliance
As a condition of grant award and
consistent with Executive Order 11246,
Equal Employment Opportunity (30 FR
12319, and as amended), all federally
assisted contractors are required to
make good faith efforts to meet the goals
of 6.9 percent of Construction project
hours being performed by women, in
addition to goals that vary based on
geography for Construction work hours
and for work being performed by people
of color. Under Section 503 of the
Rehabilitation Act of 1973 and its
implementing regulations, affirmative
action obligations for certain contractors
include an aspirational employment
goal of 7 percent workers with
disabilities.
b. Critical Infrastructure Security
Cybersecurity and Resilience
It is the policy of the United States to
strengthen the security and resilience of
its critical infrastructure against all
hazards, including physical and cyber
risks, consistent with Presidential
Policy Directive 21—Critical
Infrastructure Security and Resilience,
and the National Security Memorandum
(NSM–5) on Improving Cybersecurity
for Critical Infrastructure Control
Systems. Each applicant selected for
Federal funding must demonstrate, prior
to signing of the grant agreement, efforts
to consider and address physical and
cyber security risks relevant to the
transportation mode and type and scale
of the project. Projects that have not
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appropriately considered and addressed
physical and cyber security and
resilience in their planning, design, and
project oversight, as determined by the
Department and the Department of
Homeland Security, will be required to
do so before receiving funds.
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c. Domestic Preference Requirements
As expressed in Executive Order
14005, Ensuring the Future Is Made in
All of America by All of America’s
Workers (86 FR 7475), the executive
branch should maximize, consistent
with law, the use of goods, products,
and materials produced in, and services
offered in, the United States. Funds
made available under this notice are
subject to the domestic preference
requirement in 49 U.S.C. 22905(a) (FRA
Buy America) and the Build America,
Buy America Act, Pub. L. 117–58,
70901–52. The Department expects all
applicants to comply with the
applicable domestic preference
requirements. However, Major Capital
Project applicants should include a
domestic sourcing plan that provides
details on the extent to which the
materials covered by the plan are to be
imported and the extent to which such
materials can be sourced domestically.
Applicants should also provide an
explanation in the plan of the number
of domestic jobs, temporary and
permanent, that will be generated by the
project and outline a plan to transition
any foreign labor responsibilities to
domestic jobs. Major Capital Project
applicants may also request a waiver
from certain Buy America requirements
along with the domestic sourcing plan.
d. Civil Rights and Title VI
As a condition of a grant award, grant
recipients must 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 and
implementing regulations (49 CFR part
21), the Americans with Disabilities Act,
and Section 504 of the Rehabilitation
Act, all other civil rights requirements,
and accompanying regulations. This
should include a current title VI plan,
completed Community Participation
Plan, and a plan to address any legacy
infrastructure or facilities that are not
compliant with ADA standards. DOT’s
and FRA’s Offices of Civil Rights will
work with awarded grant recipients to
ensure full compliance with Federal
civil rights requirements.
e. Project Signage and Public
Acknowledgements
As a condition of grant award, for
Construction and non-Construction
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projects, recipients may be required to
post project signage and to include
public acknowledgments in published
and other collateral materials (e.g., press
releases, marketing materials, website,
etc.) satisfactory in form and substance
to DOT, that identifies the nature of the
project and indicates that ‘‘the project is
funded by the Bipartisan Infrastructure
Law.’’ In addition, recipients employing
project signage are required to use the
official Investing in America emblem in
accordance with the Official Investing
in America Emblem Style Guide. Costs
associated with signage and public
acknowledgments must be reasonable
and limited. Signs or public
acknowledgments should not be
produced, displayed, or published if
doing so results in unreasonable cost,
expense, or recipient burden. Recipients
are encouraged to use recycled or
recovered materials when procuring
signs.
3. Reporting
a. Progress Reporting on Grant Activity
Each applicant selected for a grant
will be required to comply with all
standard FRA reporting requirements,
including quarterly progress reports,
quarterly Federal financial reports, and
interim and final performance reports,
as well as all applicable auditing,
monitoring and close out requirements.
Reports may be submitted
electronically. Pursuant to 2 CFR
170.210, non-Federal entities applying
under this NOFO must have the
necessary processes and systems in
place to comply with the reporting
requirements should they receive
Federal funding.
b. Additional Reporting
Applicants selected for funding are
required to comply with all reporting
requirements in the standard terms and
conditions for FRA grant awards
including 2 CFR 180.335 and 2 CFR
180.350. If the total value of a selected
applicant’s currently active grants,
cooperative agreements, and
procurement contracts from all Federal
awarding agencies exceeds $10,000,000
for any period of time during the period
of performance of this Federal award,
then the applicant must maintain the
information reported to SAM and
ensure that is made available in the
designated integrity and performance
system (currently the Federal Awardee
Performance and Integrity Information
System (FAPIIS)) about civil, criminal,
or administrative proceedings described
in paragraph 2 of this award term and
condition. This is a statutory
requirement under section 872 of Public
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Law 110–417, as amended (41 U.S.C.
2313). As required by section 3010 of
Public Law 111–212, all information
posted in the designated integrity and
performance system on or after April 15,
2011, except past performance reviews
required for Federal procurement
contracts, will be publicly available.
c. Performance and Program Evaluation
Recipients and sub-recipients 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 the effectiveness
of their projects and strategies. Title I of
the Foundations for Evidence-Based
Policymaking Act of 2018 (Evidence
Act), Public Law 115–435 (2019) urges
Federal awarding agencies and Federal
assistance recipients and sub-recipients
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’’ (codified at 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).
For grant recipients, evaluation
expenses are allowable costs (either as
direct or indirect), unless prohibited by
statute or regulation, and such expenses
may include the personnel and
equipment needed for data
infrastructure and expertise in data
analysis, performance, and evaluation (2
CFR part 200).
d. Performance Reporting
Each applicant selected for funding
must collect information and report on
the project’s performance using
measures mutually agreed upon by FRA
and the grantee to assess progress in
achieving strategic goals and objectives.
Examples of some rail performance
measures are listed in the table below.
The applicable measure(s) will depend
upon the type of project. Applicants
requesting funding for rolling stock
must integrate at least one equipment/
rolling stock performance measure,
consistent with the grantee’s application
materials and program goals.
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Rail
measures
Unit measure
Measurement
period
Measurement
frequency
Primary
administration
priority
Secondary
administration
priority
Slow Order Miles .....
Miles ..................
............................
Quarterly ......
Workforce Development, Job Quality,
and Wealth Creation.
Safety ................
Gross Ton ................
Gross Tons ........
............................
Quarterly ......
Workforce Development, Job Quality,
and Wealth Creation.
...........................
Rail Track Grade
Separation.
Count .................
............................
Quarterly ......
Safety ................
Equity in Contracting
Count of small
businesses
contracted.
Annual ..........
Justice40 ..................
Health, environmental and
other benefits.
Annual ..........
Environmental Justice.
Public Health .....
Fuel Savings/Emissions.
Gallons ..............
Duration of the
Project Performance Period.
Duration of the
Project Performance Period and/or Beyond.
............................
Workforce Development, Job Quality,
and Wealth Creation.
Equity .....................
Annual ..........
Climate Change
and Sustainability.
...........................
e. Program Evaluation
As a condition of grant award,
grantees 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 grantee, or a
benefit/cost analysis or assessment of
return on investment. The Department
may require applicants to collect data
elements to aid the evaluation. As a part
of the evaluation, as a condition of
award, grantee must agree to: (1) make
records available to the evaluation
contractor; (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 relevant
information as requested; and (4) follow
evaluation procedures as specified by
the evaluation contractor or DOT staff.
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G. Federal Awarding Agency Contacts
For further information concerning
this notice, please contact the FRA
NOFO Support program staff via email
at FRA-NOFO-Support@dot.gov. If
additional assistance is needed, you
may contact Mr. Bryan Rodda in FRA’s
Office of Amtrak and Northeast Corridor
Program Delivery by email at
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...........................
Bryan.Rodda@dot.gov or telephone:
202–557–0206; or Mr. Sergio Coronado
in FRA’s Office of Rail Program
Development by email at
Sergio.Coronado@dot.gov or telephone:
617–571–1213.
H. Other Information
All information submitted as part of
or in support of any application shall
use publicly available data or data that
can be made public and methodologies
that are accepted by industry practice
and standards, to the extent possible. If
the application includes information the
applicant considers to be a trade secret
or confidential commercial or financial
information, the applicant should do the
following: (1) Note on the front cover
that the submission ‘‘Contains
Confidential Business Information
(CBI)’’; (2) mark each affected page
‘‘CBI’’; and (3) highlight or otherwise
denote the CBI portions.
The DOT regulations implementing
the Freedom of Information Act (FOIA)
are found at 49 CFR part 7 subpart C—
Availability of Reasonably Described
Records under the Freedom of
Information Act which sets forth rules
for FRA to make requested materials,
information, and records publicly
available under the FOIA. Unless
prohibited by law and to the extent
permitted under the FOIA, contents of
application and proposals submitted by
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Description
The number of miles per quarter within the
project area that have temporary speed
restrictions (‘‘slow orders’’) imposed due
to track condition. This is an indicator of
the overall condition of track. This measure can be used for projects to rehabilitate sections of a rail line since the rehabilitation should eliminate, or at least reduce the slow orders upon project completion.
The annual gross tonnage of freight
shipped in the project area. Gross tons
include freight cargo minus tare weight of
the rail cars. This measures the volume
of freight a railroad ships in a year. This
measure can be useful for projects that
are anticipated to increase freight shipments.
The number of automobile crossings that
are eliminated at an at-grade crossing as
a result of a new grade separation.
Contracting with socially disadvantaged
business enterprises, and labor surplus
area firms (each a ‘‘Small Business’’) for
the Project].
Any benefits the project is expected to deliver to improve the health, safety, environment and/or well-being of disadvantaged communities.
The total gallons of fuel saved as a result
of rehabilitating, remanufacturing, procuring, or overhauling locomotives.
successful applicants may be released in
response to FOIA requests. In addition,
following the completion of the
selection process and announcement of
awards, FRA may publish a list of all
applications received along with the
names of the applicant organizations
and funding amounts requested. Except
for information withheld under the
previous paragraph, FRA may also make
application narratives publicly available
or share application information within
DOT or with other Federal agencies if
FRA determines that sharing is relevant
to the respective program’s objectives.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2024–10656 Filed 5–14–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Hazardous Materials: Notice of
Applications for New Special Permits
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: List of applications for special
permits.
AGENCY:
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]]>Agencies
[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42573-42595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10656]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for Projects Located on the
Northeast Corridor for the Fiscal Year 2024 Federal-State Partnership
for Intercity Passenger Rail Program
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity (NOFO or notice).
-----------------------------------------------------------------------
SUMMARY: This notice details the application requirements and
procedures to obtain grant funding for projects located on the
Northeast Corridor (NEC) under the Federal-State Partnership for
Intercity Passenger Rail Program (FSP Program) for Fiscal Year (FY)
2024. This notice solicits applications for FSP Program funds made
available by the Consolidated Appropriations Act, 2024, and Division J
of the Infrastructure Investment and Jobs Act (IIJA). The opportunity
described in this notice is made available under Assistance Listings
Number 20.326, ``Federal-State Partnership for Intercity Passenger
Rail.''
DATES: Applications for funding under this solicitation are due no
later than 11:59 p.m. Eastern Time, July 15, 2024. Applications that
are incomplete or received after 11:59 p.m. Eastern Time, on July 15,
2024 will not be considered for funding. See Section D of this notice
for additional information on the application process.
ADDRESSES: Applications must be submitted via www.Grants.gov. Only
applicants who comply with all submission requirements described in
this notice and submit applications through www.Grants.gov will be
eligible for award. For any supporting application materials that an
applicant is unable to submit via www.Grants.gov (such as oversized
engineering drawings), an applicant may submit an original and two (2)
copies to Mr. Bryan Rodda, Office of Amtrak and Northeast Corridor
Program Delivery, Federal Railroad Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590. However, due to delays caused by
enhanced screening of mail delivered via the U.S. Postal Service,
applicants are advised to use other means of conveyance (such as
courier service) to ensure timely receipt of materials before the
application deadline.
FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, please contact the FRA NOFO Support program staff via
email at [email protected]. If additional assistance is needed,
you may contact Mr. Bryan Rodda in FRA's Office of Amtrak and Northeast
Corridor Program Delivery by email at [email protected] or telephone:
202-557-0206; or Mr. Sergio Coronado in FRA's Office of Rail Program
Development by email at [email protected] or telephone: 617-571-
1213.
SUPPLEMENTARY INFORMATION: Notice to applicants: FRA recommends that
applicants read this notice in its entirety prior to preparing
application materials. Definitions of key terms used throughout the
NOFO are provided in Section A(2) below. These key terms are
capitalized throughout the NOFO. There are several administrative and
specific eligibility requirements described herein with which
applicants must comply. Additionally, applicants should note that the
required project narrative component of the application package may not
exceed 25 pages in length.
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
Summary Overview of Key Information: Federal-State Partnership for
Intercity Passenger Rail Program for Projects Located on the Northeast
Corridor (FSP-NEC)
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Issuing Agency............... Federal Railroad Administration, U.S.
Department of Transportation.
Program Overview............. The purpose of the FSP Program is to
reduce the State of Good Repair backlog,
improve performance, or expand or
establish new intercity passenger rail
service. Program funding and selections
are provided separately for projects
located on and off the NEC. This notice
solicits applications for projects
located on the NEC.
[[Page 42574]]
Eligible Applicants.......... 1. A State (including the District of
Columbia);
2. A group of States;
3. An Interstate Compact;
4. A public agency or publicly chartered
authority established by one or more
States;
5. A political subdivision of a State;
6. Amtrak, acting on its own behalf or
under a cooperative agreement with one
or more States;
7. A Federally recognized Indian Tribe;
and
8. Any combination of the entities
described in (1) through (7).
Eligible Project Types....... 1. A project to replace, rehabilitate, or
repair infrastructure, equipment, or a
facility used for providing intercity
passenger rail service to bring such
assets into a State of Good Repair;
2. A project to improve intercity
passenger rail service performance,
including reduced trip times, increased
train frequencies, higher operating
speeds, improved reliability, expanded
capacity, reduced congestion,
electrification, and other improvements,
as determined by the Secretary;
3. A project to expand or establish new
intercity passenger rail service;
4. A group of related projects described
in paragraphs (1) through (3); and
5. The planning, environmental studies,
and final design for a project or group
of projects described in paragraphs (1)
through (4).
Funding...................... The total funding available for awards
under this NOFO is $2,034,420,932.
Deadline..................... Applications Due: July 15, 2024 at 11:59
p.m., Eastern Time.
------------------------------------------------------------------------
A. Program Description
1. Overview
Our Nation's rail network is a critical component of the U.S.
transportation system and economy. The FSP Program provides a Federal
funding opportunity to improve American passenger rail assets by
funding projects that reduce the State of Good Repair backlog, improve
performance, or expand or establish new intercity passenger rail
service, including privately operated intercity passenger rail service
if an eligible applicant is involved. The FSP Program is authorized in
Sections 22106 and 22307 of the IIJA, codified at 49 U.S.C. 24911, and
this NOFO is funded by 2024 IIJA advance appropriations as provided in
Title VIII of Division J of IIJA (Advance Appropriations), and the
Consolidated Appropriations Act, 2024, Division F, Title I, Public Law
118-42 (2024 Appropriation).
The IIJA provided distinct FSP Program selection criteria for
projects located on the NEC and for projects not located on the NEC.
For projects located on the NEC, the law requires FRA to make
selections for FSP Program funds consistent with the Northeast Corridor
Project Inventory (NEC Project Inventory). FRA published the most
recent NEC Project Inventory on April 15, 2024 (2024 Inventory). The
2024 Inventory can be found at https://railroads.dot.gov/elibrary/nec-inventory. This notice solicits applications for the Major Backlog,
Capital Renewal, Improvement, and Stations projects and Planning
Studies identified on the 2024 Inventory; it describes available FSP
Program funding, application submission requirements, and the selection
and evaluation criteria. For projects located off the NEC, FRA will
publish a separate notice, and those projects are not eligible for
funding under this announcement. Under this notice, FRA will make
selections consistent with the 2024 Inventory as further described
herein and only projects on the 2024 Inventory for which an application
is submitted under this NOFO will be considered for award.
Consistent with the 2024 Inventory, FRA's first priority will be
selecting Major Backlog Projects regardless of their Lifecycle Stage
within the two-year Inventory Period. FRA's second priority will be
selecting projects in or beginning the Construction Lifecycle Stage
within the Inventory Period that will reduce the NEC's State of Good
Repair backlog and demonstrate the likelihood of significant Intercity
Passenger Rail outcomes. FRA's third priority will be selecting
projects in or beginning Planning, Project Development, or Final Design
for projects within the Inventory Period that will reduce the NEC's
State of Good Repair backlog and demonstrate the likelihood of
significant Intercity Passenger Rail outcomes.
For applicants' reference, FRA's Guidance on Development and
Implementation of Railroad Capital Projects (88 FR 2163 (Jan. 12,
2023)) (FRA's Capital Projects Guidance) is now available which assists
Project Sponsors in developing effective and complete Capital Projects
by defining the Project Development process and describing
implementation tools, processes, and documentation that may be required
for a grant. FRA's Capital Projects Guidance can be found here: https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.
In December 2023, FRA updated its standard grant agreement terms
and conditions. The new FRA grant agreement consists of three parts:
Attachment 1: Standard Terms and Conditions, Attachment 2: Project-
Specific Terms and Conditions, and Terms and Conditions Exhibits. The
updated agreement templates are available at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
These templates are subject to revision.
The Department seeks to fund projects that advance the
Administration priorities of safety, equity, climate and
sustainability, workforce development, job quality, and wealth creation
as described in the U.S. DOT Strategic Plan, (https://www.transportation.gov/dot-strategic-plan) and in executive orders,
which are described in Section E.\1\
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\1\ Additional information about the USDOT Strategic Plan,
Research, Development and Technology Strategic Plan can be found
here: https://www.transportation.gov/dot-strategic-plan.
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2. Definitions of Key Terms
Terms defined in this section are capitalized throughout this
notice.
a. ``Capital Cost Estimate'' has the meaning provided in the NEC
Project Inventory.\2\
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\2\ Capital Cost Estimates, as identified in the 2024 Inventory
tables, are presented in year of expenditure dollars. While similar
to ``Capital Cost Estimate'' as defined in FRA's Capital Projects
Guidance, Capital Cost Estimates in the 2024 Inventory may include
Planning Lifecycle Stage costs, if provided by the Project Sponsor,
consistent with the Northeast Corridor Commission's process used to
prepare the NEC Planning Documents.
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b. ``Capital Project'' means a project for acquiring, constructing,
improving, or inspecting rail equipment, track and track structures, or
a rail facility, including expenses incidental to the
[[Page 42575]]
acquisition or Construction including pre-Construction activities (such
as designing, engineering, location surveying, mapping, acquiring
rights-of-way) and related relocation costs, environmental studies, and
all work necessary for FRA to approve the project under the National
Environmental Policy Act (NEPA); highway-rail grade crossing
improvements; communication and signalization improvements; and
rehabilitating, remanufacturing, or overhauling rail rolling stock and
rail facilities.\3\
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\3\ FRA will consider right-of-way acquisition only for
applications seeking eligible Construction funding.
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c. ``Capital Renewal'' means to repair, replace, or modernize basic
infrastructure assets along a corridor section that is executed in
accordance with a defined scope, schedule, and budget. Basic
infrastructure assets include rails, ties, ballast, communication
systems, signaling systems, electric traction power systems, and
undergrade bridges.
d. ``Commuter Rail Passenger Transportation'' means short-haul rail
passenger transportation in metropolitan and suburban areas usually
having reduced fare, multiple rides, and commuter tickets, and morning
and evening peak period operations, consistent with 49 U.S.C. 24102(3);
the term does not include rapid transit operations in an urban area
that are not connected to the general railroad system of
transportation.
e. ``Construction'' means the Lifecycle Stage of a Capital Project
during which the Capital Project is completely built, installed, and
placed into use. Construction activities include, but are not limited
to, physical construction and installation of the Capital Project,
including testing of equipment, workforce training, and start-up
testing. Construction activities occur after a project has completed
Final Design.
f. ``Cost Share Agreement'' means an agreement between the Project
Sponsor and its partner(s) that identifies, for a Shared Benefit
Project, the intercity passenger rail share, the commuter rail
share(s), and the local share of the eligible project before the
commencement of the project. Such agreements must be prepared
consistent with the project-based cost sharing requirements of the
Northeast Corridor Commuter and Intercity Rail Cost Allocation Policy,
as amended, and approved by the NEC Commission; for a Sole Benefit
Project, the local or non-Federal share of the eligible project before
commencement of the project.\4\
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\4\ The Northeast Corridor Commuter and Intercity Rail Cost
Allocation is available at: https://nec-commission.com/app/uploads/2018/04/2023-06-21_Cost-Allocation-Policy_v12.00_For-Publication.pdf.
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g. ``Final Design'' or ``FD'' means the Lifecycle Stage of a
Capital Project during which the Capital Project design is advanced to
be ready for Construction. This is when final engineering plans and
specifications necessary for construction of the project are produced.
Final Design activities occur after a Capital Project has completed
Project Development, and before a Capital Project can advance to
Construction. Final Design is described in FRA's Capital Projects
Guidance.
h. ``Funding Need'' has the meaning provided in the 2024 Inventory.
i. ``Highly Rated'' means a rating provided for purposes of 49
U.S.C. 24911(g)(2) to those Major Capital Projects identified as Major
Backlog on the most recently published iteration of the NEC Project
Inventory and all other Major Capital Projects with applications
evaluated under this NOFO that receive an overall rating of Recommended
or Highly Recommended.
j. ``Improvement'' means repair or enhancement to existing rail
infrastructure, equipment, or facility, or Construction of new rail
infrastructure, equipment, or facilities, that results in efficiency of
the rail system and the safety of those affected by the system.
k. ``Intercity Rail Passenger Transportation'' means rail passenger
transportation, except Commuter Rail Passenger Transportation. See 49
U.S.C. 24911(a)(3). In this notice, ``Intercity Passenger Rail
Service'' and ``Intercity Passenger Rail Transportation'' are
equivalent terms to ``Intercity Rail Passenger Transportation.''
l. ``Inventory Period'' means, for the purposes of the 2024
Inventory, January 1, 2024, through December 31, 2025.
m. ``Lifecycle Stage'' means each of the consecutive stages of a
Capital Project as it is developed and implemented that include Systems
Planning, Project Planning, Project Development, Final Design,
Construction, and Operation.
n. ``Major Backlog Project'' is a project identified by the NEC
Commission as necessary to achieve a State of Good Repair, but that is
not undertaken on a routine basis, including rehabilitation or
replacement of major bridges and tunnels.
o. ``Major Capital Project'' means a Capital Project with a Capital
Cost Estimate equal to or greater than $500 million and with at least
$100 million in Federal assistance under the FSP Program.
p. ``National Environmental Policy Act'' or ``NEPA'' (42 U.S.C.
4321 et seq.) is a Federal law that requires Federal agencies to
analyze and document the environmental impacts of a proposed action in
consultation with appropriate Federal, Tribal, State, and local
authorities, and with the public. Environmental review under NEPA
consists of an Environmental Impact Statement (EIS), Environmental
Assessment (EA) or Categorical Exclusion (CE). The NEPA class of action
depends on the potential environmental impacts of the proposed action.
For purposes of this NOFO, NEPA also includes all related Federal laws
and regulations including the Clean Air Act, Section 4(f) of the
Department of Transportation Act, Section 7 of the Endangered Species
Act, and Section 106 of the National Historic Preservation Act.
Additional information regarding FRA's environmental processes and
requirements is located at https://railroads.dot.gov/rail-network-development/environment/environment.
q. ``Northeast Corridor'' (``NEC'') means the main rail line
between Boston, Massachusetts, and the District of Columbia; the branch
rail lines connecting to Harrisburg, Pennsylvania, Springfield,
Massachusetts, and Spuyten Duyvil, New York; and facilities and
services used to operate and maintain these lines, consistent with 49
U.S.C. 24911(a)(3).
r. ``NEC Planning Documents'' means the Northeast Corridor
Commission's CONNECT NEC 2037 and the FY 2024-2028 Northeast Corridor
Capital Improvement Plan.
s. ``Planning Studies'' are those projects which include only
planning activities such as railroad transportation market forecasting,
operations analysis, fleet planning, cost analysis, station and
facility planning, environmental resource consideration, and other
similar activities. Planning Studies are planning activities without
association to a specific Capital Project in their current form.
t. ``Preliminary Engineering (PE)'' means engineering design to
define a Capital Project, including identification of all environmental
impacts and design of all critical project elements at a level
sufficient to ensure reliable cost estimates and schedules. The PE
development process starts with specific project design alternatives
that allow for the assessment of a range of rail improvements, specific
alignments, and project designs. PE is considered part of the Project
Development Lifecycle Stage, as described in FRA's Capital Projects
Guidance.
u. ``Project Development'' means the Lifecycle Stage of a Capital
Project
[[Page 42576]]
during which the Project Sponsor conducts design, environmental, and
other studies to ensure the Capital Project is ready for
implementation. Project Development activities occur after a Project
Sponsor has completed Project Planning, and before a Capital Project
can advance to Final Design. Project Development is further described
in FRA's Capital Projects Guidance.
v. ``Project Management Plan'' means, under this NOFO, a document
as provided in FRA's Capital Projects Guidance that describes how the
Capital Project will be implemented, monitored, and controlled to help
the Project Sponsor effectively, efficiently, and safely deliver the
project on-time, within-budget, and at the highest appropriate quality.
w. ``Project Planning'' is the first Lifecycle Stage of a Capital
Project during which the Project Sponsor identifies Capital Project
concepts to adequately address transportation needs and opportunities
identifies and compares costs, benefits, and impacts of project
options; identifies the impacted environmental resources and engages
with interested parties, agencies, and infrastructure owners. Project
Planning activities are completed before a Capital Project advances to
Project Development. Project Planning is further described in FRA's
Capital Projects Guidance.
x. ``Project Sponsor'' means the entity responsible for
implementing a project that may also be an applicant seeking or grantee
receiving Federal financial assistance.
y. ``Risk Assessment'' means for a Major Capital Project, an
unbiased, risk-based, probabilistic analysis that verifies the accuracy
and reasonableness of the current cost estimate and schedule and
results in a probability range that represents the project's cost while
accounting for the range of potential costs associated with project
uncertainties.
z. ``State of Good Repair'' means a condition in which physical
assets, both individually and as a system, are (A) performing at a
level at least equal to that called for in their as-built or as-
modified design specification during any period when the life cycle
cost of maintaining the assets is lower than the cost of replacing
them; and (B) sustained through regular maintenance and replacement
programs, consistent with 49 U.S.C. 24102(12).
aa. ``Total Project Cost'' means the sum of FSP funding, other
Federal funding, and the non-Federal funding required to complete the
Lifecycle Stage(s) of the project for which funding is requested in
this application. In general, FRA expects the Total Project Cost to be
consistent with the Funding Need for the project, as shown on the 2024
Inventory, except for those projects partially funded under previous
FSP NOFOs and those projects receiving funding toward the Total Project
Cost in the time period between the 2023 submission of project
information by Project Sponsors to the NEC Commission to update the NEC
Planning Documents and selections made under this NOFO.5 6
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\5\ The Total Project Cost for projects that received partial
funding in a previous FSP-NEC NOFO should reflect the same Total
Project Cost provided in the application submitted under the
previous NOFO. In the event that such a project is selected, FRA
intends to apply both FSP award amounts to the same Total Project
Cost.
\6\ The project information submitted by Project Sponsors to the
NEC Commission in Summer 2023 was used to inform project information
as it appears on the 2024 Inventory.
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B. Federal Award Information
1. Available Award Amount
The total amount of funding made available for new FSP-NEC awards
under this NOFO is $2,034,420,932. The total amount of FY 2024 funding
made available for projects located on the NEC from IIJA 2024 Advance
Appropriations and the 2024 Appropriation is $4,502,362,500. From this
amount, FRA intends to obligate up to $2,467,941,567 to fulfill FY 2024
contingent commitments to FSP projects previously selected for Phased
Funding Agreements.
FRA may elect to award additional funds beyond the funds made
available from the FY 2024 Advance Appropriations by including funds
from the FY 2025 Advance Appropriations to applications received under
this NOFO. Any selection and award under this NOFO are subject to the
availability of appropriated funds.
2. Award Size
There are no predetermined minimum or maximum dollar thresholds for
awards. FRA anticipates making multiple awards with the available
funding. FRA may not be able to award grants to all eligible
applications even if they meet or exceed the stated criteria (see
Section E, Application Review Information). Applicants must apply for a
project as it appears on the NEC Project Inventory. FRA may award
partial funding, as projects may require more funding than is
available. Prior to selection, FRA will contact the applicant to ensure
that the applicant is able to complete the project with available
funding.
FRA strongly encourages that applicants seek funding for the
appropriate Lifecycle Stage of a Capital Project, consistent with the
2024 Inventory and the applicable corresponding application track in
Section C(3)(b) below. If, notwithstanding this direction, an
application covers multiple application tracks, it must also include
the justification as further described in Section C(3)(b).
Applications for a project with a Total Project Cost that has
changed from the Funding Need that appears on the 2024 Inventory or
that are seeking less than the Anticipated Obligation amount on the
2024 Inventory should specify the change and provide an explanation for
how the remainder of the project will be funded and whether the Project
Sponsor plans to apply for additional funding under a future FSP-NEC
NOFO.
3. Award Type
a. Grants and Cooperative Agreements
FRA will make awards for projects selected under this notice
through grant agreements or cooperative agreements. Grant agreements
are used when FRA does not expect to have substantial Federal
involvement in carrying out the funded activity. Cooperative agreements
allow for substantial Federal involvement in carrying out the agreed
upon investment, including technical assistance, review of interim work
products, and increased program oversight. The term ``grant'' is used
throughout this document and is intended to reference funding awarded
through a grant agreement, as well as funding awarded through a
cooperative agreement. The funding provided under this NOFO will be
made available to grantees on a reimbursable basis. Applicants must
certify that their expenditures are allowable, allocable, reasonable,
and necessary to the approved project before seeking reimbursement from
FRA. Additionally, the grantee is expected to expend non-Federal funds
at the required percentage concurrent with Federal funds throughout the
life of the project.
Additionally, FRA may provide grant funding in phases through a
Phased Funding Agreement (PFA) for Highly Rated projects. A PFA,
authorized at 49 U.S.C. 24911(g)(2), is an FRA grant agreement
associated with the obligation of an initial grant award under the
Partnership Program. A PFA shall: (1) establish the terms of
participation by the Federal Government in the project; (2) establish
the maximum amount of Federal financial assistance for the project; (3)
[[Page 42577]]
include the period of time for completing the project, even if such
period extends beyond the period for which Federal financial assistance
is authorized; and (4) make timely and efficient management of the
project easier in accordance with Federal law. FRA anticipates limiting
the use of PFAs to projects that are currently in, or beginning, the
Final Design and/or the Construction Lifecycle Stages.
A PFA is an FRA grant agreement with the phased funding provisions
in effect. It provides an initial obligation, and it also provides
contingent commitments that are not financial obligations of the
Federal Government but relate to the future obligation of funds
(subject to the availability of appropriations). In the PFA, FRA
commits to provide funding as specified in the PFA for the duration of
the project, as long as the grantee continues to meet the terms of the
PFA, and Congress appropriates sufficient FSP Program funding for such
purpose.
Applications for a Major Capital Project seeking a PFA must request
a PFA in the project narrative and provide the additional information
required in Section D(2)(a). Additionally, FRA may independently
determine that a project is appropriate for a PFA.
b. Letters of Intent
Additionally, FRA may issue Letters of Intent (LOI) to FSP-NEC
grantees proposing Major Capital Projects. Applications for a Major
Capital Project that seek FSP-NEC funds beyond what is made available
in this NOFO and who are seeking an LOI must request an LOI in the
project narrative and provide the additional information required in
Section D(2)(a). Additionally, FRA may independently determine that a
project is appropriate for an LOI.
An LOI, authorized at 49 U.S.C. 24911(g)(1), is a letter from FRA
to a grantee announcing ``an intention to obligate'' an amount to its
Major Capital Project from future budget authority. LOIs are contingent
commitments and not binding obligations of the Federal Government. FRA
intends to use LOIs to demonstrate its intent to provide future Final
Design and Construction Lifecycle Stage funding for Major Capital
Projects assuming successful completion of Project Planning and Project
Development Lifecycles for the project. FRA anticipates issuing LOIs
primarily to projects currently in, or beginning, the Project
Development Lifecycle Stage. In issuing the LOI, FRA may outline
conditions and/or define readiness thresholds that the grantee may use
to inform future funding requests for FSP-NEC funds.
4. Concurrent Applications
DOT and FRA may be concurrently soliciting applications for
transportation infrastructure projects for several financial assistance
programs. Applicants may submit applications requesting funding for a
particular project to one or more of these programs. In the application
for funding under this NOFO, applicants must indicate the program(s) to
which they submitted or plan to submit an application for funding the
entire project or certain components, as well as highlight new or
revised information in the application responsive to this NOFO that
differs from the previously submitted application(s).
C. Eligibility Information
This section of the notice explains applicant eligibility, cost
sharing and matching requirements, project eligibility, and operational
independence. Applications that do not meet the requirements in this
section will be ineligible for funding. Instructions for submitting
eligibility information to FRA are detailed in Section D of this NOFO.
1. Eligible Applicants
The following entities are eligible applicants for all projects
permitted under this notice:
a. A State (including the District of Columbia);
b. A group of States;
c. An Interstate Compact;
d. A public agency or publicly chartered authority established by
one or more States;
e. A political subdivision of a State;
f. Amtrak, acting on its own behalf or under a cooperative
agreement with one or more States;
g. A Federally recognized Indian Tribe, and
h. Any combination of the entities described in (a) through (g).
Applications must be submitted by the lead applicant that serves as
the primary point of contact for the application, and that if selected,
will be the grantee of the FSP-NEC grant award.
To submit an application under (h) above, the lead applicant must
identify the other entities(s) and include a signed statement from an
authorized representative of each entity that affirms the entity joins
the application. See Section D(2) for further instructions about
submitting an application under 49 U.S.C. 24911(a)(1)(H).
An application submitted by Amtrak and one or more States, whether
eligible under (a), (b), (f) or (h) above, must identify the lead
applicant and include a signed cooperative agreement between Amtrak and
the State(s) consistent with 49 U.S.C. 24911(a)(1)(F). Applications may
reference entities that are not eligible (e.g., private sector firms)
in an application as a partner in project funding or implementation,
but ineligible entities do not qualify as an applicant and cannot be a
grantee. If the applicant seeks to partner with an ineligible entity
(e.g., a private intercity passenger rail operator), that intention
should be made clear in the application and a letter of support from
the ineligible entity should be included in the application. The
eligible lead applicant who partners with other entities, private or
otherwise, will be the legally responsible party to FRA under the grant
agreement, including for administering and managing Federal funds for
the authorized purpose and delivering the project.
2. Cost Sharing and Matching
FRA will evaluate the application based on the amount of Federal
funds for the eligible project requested in the application.\7\ The
Federal share of total costs for FSP projects funded under this notice
shall not exceed 80 percent. The estimated total cost of a project must
be based on the best available information, including engineering
studies, studies of economic feasibility, environmental analyses, and
information on the expected use of equipment and/or facilities,
consistent with 49 U.S.C. 24911(f)(1). As stated in the 2024 Inventory,
FRA will generally fund Major Backlog Projects applying under this
notice up to 80 percent Federal share of the Total Project Cost of an
eligible project. FRA will generally fund Capital Renewal, Improvement,
and Station projects applying under this notice between 50 and 80
percent Federal share of the total cost of an eligible project. For a
higher Federal share within this range, FRA will consider the extent to
which: (i) projects bring assets supporting Intercity Passenger Rail
service into a State of Good Repair, and (ii) and demonstrate
likelihood of significant Intercity Passenger Rail outcomes.
Additionally, applicants are encouraged to use FRA's cost estimate
guidance documentation, ``Capital Cost Estimating: Guidance for Project
Sponsors,'' and to account for the impact of external factors (e.g.,
[[Page 42578]]
inflation) while preparing the scope, schedule, and budget.\8\
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\7\ If an applicant's Cost Share Agreement demonstrates the
commitment of more non-Federal dollars than proposed in the
application, the applicant should explain the distinction and
confirm that the difference was intentional.
\8\ The ``Capital Cost Estimating: Guidance for Project
Sponsors,'' is available at: https://www.fra.dot.gov/Page/P0926.
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Applicants must identify the source(s) of their non-Federal share
and must clearly and distinctly reflect these funds as part of the
Total Project Cost. The minimum 20 percent non-Federal share may be
comprised of public or private funding. FRA will not consider any
Federal financial assistance, or any non-Federal funds already expended
(or otherwise encumbered) toward the matching requirement, unless
compliant with 2 CFR part 200.\9\ In-kind contributions, including the
donation of services, materials, and equipment, may be credited as a
project cost in a uniform manner consistent with 2 CFR 200.306.
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\9\ See Section D(2)(a) for supporting information required to
demonstrate eligibility of Federal funds for use as non-Federal
share.
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If Amtrak is an applicant under this NOFO, Amtrak may use ticket
and other non-Federal revenues generated from its operations and other
sources as well as funding provided by the Advance Appropriations under
the heading ``Northeast Corridor Grants to the National Railroad
Passenger Corporation'' to satisfy the non-Federal share requirements.
Funding under this NOFO may not be used for costs that are included
in or used to meet cost sharing or matching requirements of any other
federally financed award or program. If the applicant is seeking
additional funding for a project that has already received Federal
financial assistance, costs associated with the scope of work for the
existing Federal award are not eligible for funding under this NOFO.
Only new scope elements and activities (e.g., new deliverables) are
eligible for funding under this NOFO.
Before applying, applicants should carefully review the principles
for cost sharing or matching in 2 CFR 200.306. See Section D(2)(a) for
required application information on non-Federal share and Section E for
further discussion of FRA's consideration of matching funds in the
review and selection process. FRA will approve pre-award costs incurred
after announcement of awards consistent with 2 CFR 200.458, as
applicable. Cost sharing or matching may be used only for authorized
Federal award purposes.
All contracts for projects financed with Federal funds will be
subject to applicable Federal requirements. Applicants that have
entered into contracts for a proposed project prior to award must
ensure that applicable Federal requirements are included in the
contract in the event the project is selected, and Federal funds are
obligated.
3. Eligible Projects
a. Only projects on the NEC Project Inventory for which an
application is submitted under this NOFO will be considered for award.
The following Capital Projects, including acquisition of real property
interests, are eligible:
1. A project to replace, rehabilitate, or repair infrastructure,
equipment, or a facility used for providing intercity passenger rail
service to bring such assets into a State of Good Repair.\10\
---------------------------------------------------------------------------
\10\ The location of the equipment's primary use will determine
whether it is a project located on the NEC.
---------------------------------------------------------------------------
2. A project to improve intercity passenger rail service
performance, including reduced trip times, increased train frequencies,
higher operating speeds, improved reliability, expanded capacity,
reduced congestion, electrification, and other improvements, as
determined by the Secretary.
3. A project to expand or establish new intercity passenger rail
service.
4. A group of related projects described in paragraphs (1) through
(3).
5. The planning, environmental studies, and Final Design for a
project or group of projects described in paragraphs (1) through (4).
For projects that are on a shared corridor with Commuter Railroad
Passenger Transportation or freight transportation, applicants must
clearly demonstrate how the proposed project benefits Intercity
Passenger Rail Transportation and that funding the proposed project
would be a reasonable investment in Intercity Passenger Rail
Transportation, independent and separate from consideration of the
proposed project's benefits to other transportation purposes.
Capital Projects, as further defined in Section A(2), may include
the acquisition of real property interests, planning, Project
Development, Final Design, and Construction. Pre-Construction
activities are eligible for funding independently or in conjunction
with proposed funding for Construction.
Projects that include Project Development may include engineering
drawings and specifications (scale drawings at the 30 percent design
level, including track geometry as appropriate); design criteria,
schematics, and/or track charts that support the development of PE; and
work that can be funded in conjunction with developing PE, such as
operations modeling, surveying, project work/management plans,
preliminary cost estimates, and preliminary project schedules. Project
Development funded under this NOFO must be sufficiently developed when
complete to support FD or Construction activities. (See Section
D(2)(a)(i) for additional information.)
b. Application Tracks: Other than as specified in the 2024
Inventory, applicants are not limited in the number of projects for
which they seek funding. However, FRA strongly encourages that
applications identify only one of the following tracks for an eligible
project: Track 1--Planning Studies and Project Planning; Track 2--
Project Development; Track 3--FD/Construction. The project tracks are
based on Lifecycle Stages, and the Inventory prioritized projects based
on Lifecycle Stage information provided by Project Sponsors. While
applications covering multiple tracks for a project are not precluded,
such applications will require a justification for varying from the
2024 Project Inventory. See Section E(1)(a). FRA will review the merit
of the justification provided in evaluating the application. Applicants
must identify the Federal dollar amount requested for each Lifecycle
Stage, itemized by project component (if applicable) and task. Where an
application covers multiple tracks, FRA may award funds based on
project readiness information for what it determines is the appropriate
Lifecycle Stage.
1. Track 1--Planning Studies and Project Planning: Track 1 consists
of Planning Studies and planning specific to a Capital Project.
Planning Studies include planning activities (with no associated
Construction), and examples include: railroad transportation market
forecasting, conceptual design activities (e.g., operations analysis,
establishing the type and scope of capital improvements), fleet
planning, cost analysis, station and facility planning, environmental
resource consideration (e.g., development of a purpose and need
statement, preliminary alternatives analysis, identification of
environmental resources and analysis of potential environmental
effects), and other similar activities. A description of Project
Planning may be found in FRA's Capital Projects Guidance. Examples
include: the development of a purpose and need statement; completion of
conceptual engineering and other design; documentation showing that
project alternatives were considered; completion of an environmental
resource inventory and potential environmental concerns analysis; scale
design drawings; public and stakeholder involvement; completion of an
order-of-
[[Page 42579]]
magnitude project cost estimate; and for Major Capital Projects,
completion of an initial Project Management Plan. Project Planning
projects funded under this NOFO must be sufficiently developed when
complete to support Project Development activities.
2. Track 2--Project Development: Track 2 consists of projects for
eligible Project Development activities. A description of Project
Development may be found in FRA's Capital Projects Guidance. Examples
include: completion of Preliminary Engineering (PE) and architectural
or other design; PE drawings and specifications (scale drawings at the
30 percent design level, including track geometry as appropriate);
design criteria, schematics and/or track charts that support the
development of PE; work that can be funded in conjunction with
developing PE, such as operations modeling, surveying, project work/
management plans, preliminary cost estimates, and preliminary project
schedules; completion of environmental review; and completion of
applicable project management documentation (such as a Project
Management Plan, schedule, Capital Cost Estimate, and financial plan).
Project Development projects funded under this NOFO must be
sufficiently developed when complete to support FD or Construction
activities.
3. Track 3--FD/Construction: Track 3 consists of projects for
eligible FD and Construction activities. A description of FD and
Construction may be found in FRA's Capital Projects Guidance.
Applicants must complete all necessary Planning and Project Development
stages, including PE and NEPA requirements, prior to moving to the FD/
Construction stage of a project. FD funded under this track includes
completion of the Final Design documentation, resolving remaining
uncertainties or risks associated with changes to the design and scope
of the Capital Project; addressing procurement processes; and updating/
completing the applicable project management documentation (such as a
Project Management Plan, schedule, Capital Cost Estimate, and financial
plan). During Construction, the Capital Project is completely built,
installed, and placed in use. Prior to obligation, applicants selected
for funding for FD/Construction must demonstrate the following to FRA's
satisfaction: (A) PE is completed for the proposed project, resulting
in project designs that are reasonably expected to conform to all
regulatory, safety, security, and other design requirements, including
those under the Americans with Disabilities Act of 1990 (ADA); (B) NEPA
is completed for the proposed project; (C) the applicants have entered
into the appropriate agreements with key project partners, including
infrastructure-owning entities; and (D) for Major Capital Projects, a
Project Management Plan, schedule, Capital Cost Estimate, and financial
plan are complete and up to date.
D. Application and Submission Information
Required documents for the application are outlined in the
following paragraphs. Applicants must complete and submit all
components of the application. See Section D(2) for the application
checklist. FRA welcomes the submission of additional relevant
supporting documentation, such as planning, engineering, and design
documentation, and letters of support from partnering organizations,
which will not count against the project narrative 25-page limit. The
Department may share application information within the Department or
with other Federal agencies if the Department determines that sharing
is relevant to the respective program's objectives.
1. Address To Request Application Package
Applicants may access application materials at https://www.Grants.gov and must submit all application materials in their
entirety through https://www.Grants.gov no later than 11:59 p.m.
Eastern Time, on July 15, 2024. Applicants must complete an Authorized
Organization Representative (AOR) profile on www.Grants.gov and create
a username and password. Additional information about the registration
process is available at: https://www.grants.gov/applicants/applicant-registration.
Applicants are strongly encouraged to apply early to ensure that
all materials are received before the application deadline. FRA
reserves the right to modify this deadline. General information for
submitting applications through Grants.gov can be found at: https://www.fra.dot.gov/Page/P0270. FRA is committed to ensuring that
information is available in appropriate alternative formats to meet the
requirements of persons who have a disability. If you require an
alternative version of files provided, please contact Laura Mahoney,
Office of the Chief Financial Officer, Federal Railroad Administration,
1200 New Jersey Avenue SE, Washington, DC 20590; email:
[email protected]; phone: 202-578-9337.
The E-Business Point of Contact (E-Biz POC) at the applicant's
organization must respond to the registration email from Grants.gov and
login at www.Grants.gov to authorize the applicant as the AOR. Please
note there can be more than one AOR for an organization.
If an applicant experiences difficulty at any point during this
process, please call the Grants.gov Customer Center Hotline at 1-800-
518-4726, 24 hours a day, 7 days a week (closed on Federal holidays).
For information and instructions on each of these processes, please see
instructions at: grants.gov/applicants/grant-applications/how-to-apply-for-grants.
2. Content and Form of Application Submission
FRA strongly advises applicants to read this section carefully.
Applicants must submit all required information and components of the
application package to be considered for funding. Applications that are
not submitted on time or do not contain all required documentation will
not be considered for funding. To support the application, applicants
may provide other relevant and available optional supporting
documentation that may have been developed by the applicant, especially
such documentation that provides evidence of completion of the
appropriate Lifecycle Stage(s) of a Capital Project. Additionally,
applicants selected to receive funding must satisfy the requirements in
49 U.S.C. 22903 and 22905, including FRA's Buy America requirement and
other grant conditions explained in part at https://www.fra.dot.gov/page/P0185 and further in Section F(2)(c) of this notice.
Required documents and information for an application package
include the following:
[[Page 42580]]
------------------------------------------------------------------------
Application information NOFO section for guidance
------------------------------------------------------------------------
Project Narrative.......................... See D(2)(a).
Statement of Work.......................... See D(2)(b)(i).
Environmental Compliance Documentation..... See D(2)(b)(ii).
Matrix of Third-Party Agreements, Utility See D(2)(b)(iii).
Company Agreements, and Railroad
Agreements.
SF 424--Application for Federal Assistance See D(2)(b)(iv).
\11\.
SF 424A--Budget Information for Non- See D(2)(b)(v).
Construction or SF 424C--Budget
Information for Construction.
SF 424B--Assurances for Non-Construction or See D(2)(b)(vi).
SF 424D--Assurances for Construction.
FRA's F 30--Certifications Regarding See D(2)(b)(vii).
Debarment, Suspension and Other
Responsibility Matters, Drug-Free
Workplace Requirements and Lobbying.
FRA F 251--Applicant Financial Capability See D(2)(b)(viii).
Questionnaire.
SF LLL--Disclosure of Lobbying Activities.. See D(2)(b)(ix).
------------------------------------------------------------------------
A. Project Narrative
This section describes the minimum content required in the project
narrative of grant applications. The project narrative must follow the
basic outline below to address the program requirements and assist
evaluators in locating relevant information.
---------------------------------------------------------------------------
\11\ The amount requested from the FSP Program on the SF-424 is
the official record of request and, therefore, must match the amount
requested in the project narrative and statement of work documents.
Where there are discrepancies in the amount requested among the SF-
424, project narrative, and statement of work, FRA will use the
request reflected in the SF-424.
------------------------------------------------------------------------
Project narrative section NOFO section for guidance
------------------------------------------------------------------------
I. Cover Page.............................. See D(2)(a)(i).
II. Project Summary........................ See D(2)(a)(ii).
III. Project Funding....................... See D(2)(a)(iii).
IV. Applicant Eligibility Criteria......... See D(2)(a)(iv).
V. Project Eligibility Criteria............ See D(2)(a)(v).
VI. Detailed Project Description........... See D(2)(a)(vi).
VII. Project Location...................... See D(2)(a)(vii).
VIII. Evaluation and Selection Criteria.... See D(2)(a)(viii).
IX. Project Implementation and Management.. See D(2)(a)(ix).
------------------------------------------------------------------------
The above content must be provided in a narrative statement
submitted by the applicant. The project narrative may not exceed 25
pages in length (excluding cover pages, table of contents, and
supporting documentation). FRA will not review or consider project
narratives beyond the 25-page limitation. If possible, applicants
should submit supporting documents via website links rather than hard
copies. If supporting documents are submitted, applicants must clearly
identify the relevant portions of the supporting documents with the
page numbers of the cited information in the project narrative. The
project narrative must adhere to the following outline.
i. Cover Page: include a cover page that lists the following
elements in either a table or formatted list:
Project Title.....................
Lead Applicant Name...............
Other Applicant Name(s), if
applying under 49 U.S.C.
24911(a)(1)(h).
Capital Cost Estimate............. $
Amount of FSP Program funding $
requested under this NOFO.
Amount of proposed non-Federal $
share for FSP Program funding
requested under this NOFO.
Source(s) of proposed non-Federal If yes, provide lending source and
share. amount.
Are any funds expected to be
borrowed?.
Total Project Cost................ $
Total cost by Lifecycle Stage(s) $
for which funding is requested
under this NOFO (list each
Lifecycle Stage and cost
separately).
Was a Federal grant application Yes/No.
previously submitted for this
project?.
If yes, state the name of the Federal grant program:
Federal grant program, funding What is different in this
year, and project title from the application from the previous?
previous application..
City(-ies), County(-ies), State(s)
where the project is located..
Congressional District(s) where
the project is located.
Geospatial data for project
location(s) in decimal degrees
(with at least five decimal
places of precision).
If a track segment or corridor,
provide start and end point data.
Current Lifecycle Stage of project
at time of application.
Anticipated completion date of
current Lifecycle Stage.
Application Track and Lifecyle
Stage proposed to be funded by
this NOFO.
Intercity Passenger Rail
service(s) benefiting from the
project (including any Long-
Distance services).
Is the project, now or upon If yes, list the property, owners,
completion, located on real and the nature of the property
property or right-of-way owned by interest for each.\12\
someone other than the applicant?
[[Page 42581]]
Host Railroad/infrastructure
owner(s) of project assets.
Other impacted Railroad(s)........
Tenant Railroad(s), if
applicable.
If applicable, is a 49 U.S.C. Yes/No/Pending.
22905-compliant Railroad
Agreement in place or
pending?.
LOI/PFA requested?................ Yes/No.
If LOI requested, provide $
amount of future request.
If PFA requested:.............
(a) Provide amount of $
request under this NOFO
for initial obligation..
(b) Provide amount of $
request under this NOFO
for contingent commitment
(equal to the remaining
amount of the project
cost).
ii. Project Summary: Provide a brief, 4-6 sentence summary of the
proposed project. Include challenges the proposed project aims to
address and summarize the intended outcomes and anticipated benefits
that will result from the proposed project.
---------------------------------------------------------------------------
\12\ In the property listing, please include estimated location,
area, and expected use of property in relation to the project. A
full legal description is currently unnecessary.
---------------------------------------------------------------------------
iii. Grant Funds, Sources, and Use of Project Funds: Project
budgets should show how different funding sources will contribute to
each activity and present the data in year of expenditure dollars and
percentages. The budget should identify other Federal funds the
applicant is applying for, has been awarded, or intends to use. Funding
sources should be grouped into three categories: non-Federal, FSP
request, and other Federal with specific amounts for each funding
source that total the Total Project Cost. Unless the Project Sponsor
has secured other funding for the project since the date of the 2024
Inventory, FRA expects the Total Project Cost to be consistent with the
column titled ``Funding Need'' on the 2024 Inventory. FRA may not award
more funding for a project than is requested in an application. The
applicant should itemize funding to be spent during the Inventory
Period by project Lifecycle Stage(s) and by project activity.
Applicants must describe whether non-Federal funds are currently
available for the project or will need to be secured if the project is
selected for funding. To demonstrate availability, applicants should
submit evidence of the availability of Non-Federal funds for FSP
Program request and other Federal funding (if applicable), which may
include a board resolution, letter of support from the State, a budget
document highlighting the line item or section committing funds to the
proposed project. The applicant may provide this documentation in an
appendix. Documentation of previous and recent local investments in the
project may be evidence of local financial commitment to the project
but cannot be used to satisfy non-Federal matching requirements. Any
funding commitment letters must be signed by an authorized
representative of the entity providing a non-Federal share. For a Major
Capital Project, applicants are encouraged to provide an annualized
budget in year of expenditure dollars. Project budget information must
be consistent throughout all application materials, specifically the
Standard Form (SF) 424, project narrative, statement of work, and
funding commitment letters.\13\ The project budget should be specific
to the project scope described in the applicant's request for funding
under this NOFO for project activities during the Inventory Period. If
the project proposed to be funded under this NOFO is part of a larger
scope, the applicant may reference the larger scope in the project
narrative but should only include within the budget table the project
scope identified on the 2024 Inventory and that is proposed to be
funded under this NOFO.
---------------------------------------------------------------------------
\13\ If there is a discrepancy between materials, FRA will use
the funding amounts shown in the applicant's SF 424 as the amount
requested for funding.
---------------------------------------------------------------------------
If Federal funding is proposed as match, demonstrate the
applicant's determination of eligibility for such use and the legal
basis for that determination. Also, note if the requested Federal
funding under this NOFO or other programs must be obligated or spent by
a certain date due to dependencies or relationships with other Federal
or non-Federal funding sources, related projects, law, or other
factors. Indicate whether the applicant anticipates securing financing
for the project, and what the source, amount and terms will be.
Eligible costs may not be more than the cost of the most favorable
financing terms reasonably available for the project at the time of
borrowing. If applicable, the applicant will certify that the applicant
has shown reasonable diligence in seeking the most favorable financing
terms consistent with 49 U.S.C. 24911 (g)(2)(c)(iii). Additionally,
please indicate whether any expected financing will render the
applicant unable to comply with the terms of 2 CFR part 200 or FRA's
grant agreement template. If applicable, the applicant should provide
the type and estimated value of any proposed in-kind contributions, as
well as explain how the contributions meet the requirements in 2 CFR
200.306.
Identify any previously incurred costs the applicant believes are
eligible under project scope, the dates the costs were incurred, and a
citation to the statutory authority permitting such costs.
Additionally, applicants should identify and describe Lifecycle
Stages and/or project components that could be candidates for
subsequent FSP funding if such funding becomes available. PFA
disbursements are not required to align with project components with
independent utility or operational independence, since the project as a
whole achieves independent utility and operational independence.
However, applicants are encouraged to identify meaningful milestones by
which FRA can measure project progress for each forecasted funding
request.
[[Page 42582]]
Example Project Funding Tables: Applicants may use the following
tables to describe project funding, and may use additional rows and
columns, or additional project funding tables, as appropriate.
---------------------------------------------------------------------------
\14\ For other Federal funds that will be used for the project,
the applicant should identify the Federal program and fiscal year of
the funding request(s), as well as highlight new or revised
information in the application responsive to this NOFO that differs
from the application(s) to other financial assistance programs.
Table 1--Project Funding, Overview
----------------------------------------------------------------------------------------------------------------
Task name/project Percentage of Source of funds
Task # component Cost total cost and citation
----------------------------------------------------------------------------------------------------------------
1...............................
2...............................
-----------------------------------------------------
Total Project Cost:
Federal Funds received from previous FSP
grant(s).
Federal FSP funding requested in this
application.
Non-Federal FSP funding......................... Cash: In-Kind:....
Other Federal funding committed and pending Committed Amount:.
(e.g., Federal Highway Administration,
congressionally directed/earmark, other FRA
grant program funds--including previous FSP
grants, etc.) \14\.
Note: If there are multiple sources of other Pending Amount:...
Federal funding, please break funding down by
each source.
Other non-Federal funding.......................
----------------------------------------------------------------------------------------------------------------
Use table 2 to provide a funding breakdown by Lifecycle Stage/
Project Track. If not applicable, provide explanation.
[GRAPHIC] [TIFF OMITTED] TN15MY24.003
If requesting a PFA for FD and Construction costs, complete Project
Funding Table 3. Add additional FYs, as appropriate.
---------------------------------------------------------------------------
\15\ Duplicate columns 4 and 5 as needed to accommodate each
other Federal funding source.
\16\ FRA expects that Total Project Cost will generally reflect
the amount in the column titled ``Funding Need'' in the 2024
Inventory because the application request should only be for costs
to fund the Lifecycle Stages during the Inventory Period.
\17\ Columns 5 and 7 may be divided to individually show source
and funding amounts per line item.
[[Page 42583]]
Table 3--Project Funding, Phased Funding Agreement:
----------------------------------------------------------------------------------------------------------------
Initial
obligation FY 2025 FY 2026 Total FSP-NEC
Lifecycle stage request (FY obligation obligation request
2024) request request
----------------------------------------------------------------------------------------------------------------
Final Design.................................... $ $ $ $
Construction.................................... $ $ $ $
---------------------------------------------------------------
Total FSP-NEC Request....................... $ $ $ $
----------------------------------------------------------------------------------------------------------------
iv. Applicant Eligibility Criteria: Explain how the lead applicant
meets the applicant eligibility criteria outlined in Section C(1) of
this notice. Include citations to applicable enabling legislation in
support of the applicant's eligibility to receive Federal funds. For
public agencies and publicly chartered authorities established by one
or more States, the explanation must include relevant legislative
language and citations to the applicable enabling legislation. To
submit a combined application under 49 U.S.C. 24911(a)(1)(H), the lead
applicant must identify the other eligible applicant(s) and include a
signed statement from an authorized representative of each entity that
affirms the entity joins the application.
For applications involving Amtrak and one or more States, Amtrak
and the State(s) must provide a cooperative agreement for the project
signed by authorized representatives of Amtrak and each State. Such
cooperative agreements must include a description of the roles and
responsibilities of each party, including budget and subrecipient
information showing how the parties will share project costs. A Cost
Share Agreement signed by Amtrak and one or more States would address
this requirement if it addressed the requirements above.
v. Project Eligibility Criteria: Explain how the proposed project
meets the project eligibility criteria in Section C(3)(a) of this
notice. Include a statement confirming that the proposed project is
consistent with the 2024 Inventory or provide a statement indicating
that there have not been material changes to infrastructure, service
conditions or Project Sponsor capabilities or commitments, or other
significant changes that may affect the scope, schedule, or budget of
the project. FRA will review the following for Inventory consistency:
Project Sponsor, Funding Need, Lifecycle Stage, Schedule, and
Scope.\18\
---------------------------------------------------------------------------
\18\ In this NOFO, the terms ``applicant'' and ``Project
Sponsor'' are used interchangeably.
---------------------------------------------------------------------------
If these data elements differ from the information shown on the
project on the 2024 Inventory, the applicant must provide a statement
explaining and/or justifying such changes and how they are a result of
materially changed infrastructure or service conditions, changes in
Project Sponsor capabilities or commitments, or other significant
changes since the completion of the 2024 Inventory, consistent with 49
U.S.C. 24911(d)(1)(A). The justification should demonstrate why the
changed circumstances could not reasonably have been known at the time
Project Sponsors provided information to the NEC Commission to update
the NEC Planning Documents. If the application proposes to exclude
scope that was included in the 2024 Inventory because that scope was
funded from a different source, applicants should contact FRA for
technical assistance regarding permissibility of including costs in the
FSP-NEC project.
Projects shown on the 2024 Inventory as funded through Construction
are assumed complete with no remaining Funding Need. If the applicant
wishes to apply for funding to support a Lifecycle Stage for which FSP
funding has been awarded previously, the project narrative must include
a justification to demonstrate why the additional funding is necessary
(e.g., significant changes in scope of project since award, partial
funding awarded in prior years). Such applicants should include how the
Federal and non-Federal amounts from the previously selected project
fit into the budget for the Total Project Cost.
vi. Detailed Project Description: The applicant must include a
detailed project description that expands upon the brief project
summary. This detailed description should provide, at a minimum: a
description of the scope of the entire project, as well as a
description of the scope of the specific elements of the project for
which funding is being requested in this NOFO; a project schedule
showing completed and expected start and end dates for each Lifecycle
Stage; additional background on the transportation challenges the
project aims to address; a summary of current and proposed railroad
operations in the project area and service frequency to include
identification of all railroad owners and operators; the expected users
and beneficiaries of the project, including all railroad operators and
types of passenger or freight rail service operating or proposed to
operate in the project area; and any other information the applicant
deems necessary to justify the proposed project. See table 4 for
specific project data requests. For projects that benefit intercity and
commuter rail services, the applicant should include a statement that
Amtrak and the public authorities providing Commuter Rail Passenger
Transportation at the eligible project location are in compliance with
49 U.S.C. 24905(c)(2) and identifying the funding for the intercity
passenger rail share, the commuter rail share, and the local share of
the project before commencement of the project. Applicants must
identify these shares for the Lifecycle Stage(s) for which they are
seeking funding (for example, an application seeking funding for
Project Development must identify funding shares only for the Project
Development Lifecycle Stage and not for the FD and Construction stages
of the same project).
For all projects, applicants must provide information about
proposed performance measures, as described in Section F(3)(d) and
required in 2 CFR 200.301.
vii. Project Location: Applicants must include geospatial data for
the project, as well as a map of the project's location. Geospatial
data must be expressed in decimal degrees for latitude and longitude
with at least five decimal places of precision.\19\ If the project
includes a length of track or corridor development, the start and end
coordinates for each corridor or segment must be provided. All
Congressional districts in which the project will take place should be
provided. Milepost, railroad, and subdivision identifiers can
[[Page 42584]]
also be provided but must be accompanied by corresponding latitudes and
longitudes. For projects with multiple locations, the corresponding
geospatial data must be included for each location, with individual
columns for latitude and longitude, in table form as an attachment to
the application.
---------------------------------------------------------------------------
\19\ For example, if a project was proposed to take place at the
Department of Transportation Headquarters in Washington, DC then the
reported latitude should be 38.87589, and the longitude should be
reported as -77.00337.
---------------------------------------------------------------------------
viii. Evaluation and Selection Criteria: The applicant must include
a thorough discussion of how the proposed project meets the evaluation
and selection criteria. As described in Section E, FRA will evaluate
applications based on project readiness, technical merit, and project
outcomes, and will consider how the applicant's project aligns with the
Administration priorities. If an application does not sufficiently
address the evaluation criteria and the selection criteria, it is
unlikely to be a competitive application. Applicants are expected to
follow the directions and format requested in this NOFO, and adherence
to these directions will be considered in evaluations.
FRA expects applicants to include quantifiable railroad data, such
as information on typical daily, weekly, or annual train movement by
operator; ridership data for passenger operations; failure or safety
incidents; service delays; and primary expected project outcomes such
as increased ridership, increased trains, increased speed, reduced
delays, improved rail network asset condition and performance, or
similar outcomes and benefits. Applicants may also include qualitative
data on accessibility improvements to either new or existing assets. To
the extent feasible, such railroad metrics should be provided and
analyzed discretely for Intercity Rail Passenger Transportation and, if
applicable, Commuter Rail Passenger Transportation and freight rail
transportation services involved in the proposed project. For operating
speed outcomes, applicants should include details on curve
modifications within the project scope, if any.
Applicants must organize responses to the requested project
outcomes data consistent with table 4. Define the project area used for
the data in the narrative. Indicate, also, if the project area changes
based on the data table. For example, ridership data may be tracked
between passenger stations on either side of the project area, while
delays may be tracked according to railroad interlockings on either
side of the project area. Applicants are expected to provide the
requested data to the maximum extent practicable. Appropriate rounding
or best estimates are acceptable in instances where precise data is
unavailable or to account for possible uncertainty. Where data is not
available, applicants may provide a qualitative explanation of the
anticipated impact of the project.
Table 4--Project Outcomes \20\
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Ridership in the Project Area
----------------------------------------------------------------------------------------------------------------
Current
Projected
----------------------------------------------------------------------------------------------------------------
Total Annual Ridership
----------------------------------------------------------------------------------------------------------------
Annual Intercity Passenger Rail Ridership
----------------------------------------------------------------------------------------------------------------
Annual Commuter Passenger Rail Ridership........
----------------------------------------------------------------------------------------------------------------
Train Counts in the Project Area
----------------------------------------------------------------------------------------------------------------
Current
Projected
----------------------------------------------------------------------------------------------------------------
Total Weekly Trains
----------------------------------------------------------------------------------------------------------------
Weekly Intercity Passenger Rail Trains
----------------------------------------------------------------------------------------------------------------
Weekly Commuter Rail Trains
----------------------------------------------------------------------------------------------------------------
Weekly Freight Trains
----------------------------------------------------------------------------------------------------------------
Operating Speeds in the Project Area
----------------------------------------------------------------------------------------------------------------
Current, Projected, Current, Projected,
IPR IPR CR CR
----------------------------------------------------------------------------------------------------------------
Average Operating Speed (mph)
----------------------------------------------------------------------------------------------------------------
Highest Maximum Authorized Speed (mph)
----------------------------------------------------------------------------------------------------------------
Lowest Maximum Authorized Speed (mph)
----------------------------------------------------------------------------------------------------------------
Average Scheduled Travel Time (Time/Trip)
----------------------------------------------------------------------------------------------------------------
Infrastructure-Related Delay in the Project Area
----------------------------------------------------------------------------------------------------------------
Current
Projected
----------------------------------------------------------------------------------------------------------------
Annual Delay Minutes Attributed to
Infrastructure
----------------------------------------------------------------------------------------------------------------
Annual Delay Incidents Attributed to
Infrastructure
----------------------------------------------------------------------------------------------------------------
Asset Condition
----------------------------------------------------------------------------------------------------------------
Provide the percentage of the Total Project Cost
that will support replacement, rehabilitation,
or
repair of existing assets (either in-kind or
with improved assets) versus addition of new
assets Existing Assets
New Assets
that expand the capacity of the railroad
network? %
%
----------------------------------------------------------------------------------------------------------------
Provide a brief description (1-2 sentences) of
the asset condition assessment used to
determine the condition ratings reported below.
----------------------------------------------------------------------------------------------------------------
[[Page 42585]]
----------------------------------------------------------------------------------------------------------------
For each of the following asset types,
indicate whether replacement, Most recent Most recent
rehabilitation, or repair will occur under Included rehabilitation condition
this project. If yes, provide the quantity in Quantity/ Original year (for work rating
or mileage affected, as well as the age of project? mileage installation similar to the (excellent,
the existing asset and when it was last in a (Yes/No) year applicant's good, fair,
State of Good Repair. Add rows where needed proposed poor)
to provide appropriate detail. scope)
----------------------------------------------------------------------------------------------------------------
Track (miles)
----------------------------------------------------------------------------------------------------------------
Ballast (miles)
----------------------------------------------------------------------------------------------------------------
Concrete Ties
----------------------------------------------------------------------------------------------------------------
Wood Ties
----------------------------------------------------------------------------------------------------------------
Culverts
----------------------------------------------------------------------------------------------------------------
Catenary Poles
----------------------------------------------------------------------------------------------------------------
Catenary Wire
----------------------------------------------------------------------------------------------------------------
Substations
----------------------------------------------------------------------------------------------------------------
Central Instrument Houses
----------------------------------------------------------------------------------------------------------------
Signals
----------------------------------------------------------------------------------------------------------------
Switch Machines
----------------------------------------------------------------------------------------------------------------
Turnouts
----------------------------------------------------------------------------------------------------------------
Bridges (Provide Bridge Name/Location.)
----------------------------------------------------------------------------------------------------------------
Tunnels (Provide Tunnel Name/Location.)
----------------------------------------------------------------------------------------------------------------
ix. Project Implementation and Management: Applicants must describe
proposed project implementation and project management arrangements.
Include descriptions of the expected arrangements for project
contracting (Construction, maintenance, and operation), contract
oversight and control, change-order management, risk management, and
conformance to Federal requirements for project progress reporting (see
FRA Reports, available at: https://www.fra.dot.gov/Page/P0274).
---------------------------------------------------------------------------
\20\ In table 4, ``Current'' means ``prior completed fiscal
year'' and ``Projected'' means ``first full year of operation
following project completion.''
---------------------------------------------------------------------------
For Track 3 (FD/Construction) applications:
(A) Describe the scale of track outages and type of outages
expected to implement the project. Types of outages could include
overnight outage, daytime outage, extended outage (e.g., 55-hour
weekend outage), continuous outage, foul time, and no outage. Include a
description of how rail service will be affected and how Project
Sponsors will coordinate with other users of the railroad to assess and
mitigate existing service; and
(B) Include a discussion on the types of force account needs and
associated risk expected for the implementation of the project, as well
as the systems or plans will be required to mitigate the risk. Force
account types could include communications and signal, train and
engine, electric traction, track, and bridges and buildings.
Further, all applicants must provide their plan for taking
affirmative steps to employ small businesses consistent with 2 CFR
200.321. Describe experience in managing and overseeing similar
projects; the technical qualifications and demonstrated experience of
key personnel proposed to lead and perform the technical efforts; and
the qualifications of the primary and supporting organizations to
execute the proposed project fully and successfully within the proposed
timeframe and budget, including a discussion of the factors in 2 CFR
200.206(b) and the proposed approach to assessing and mitigating
project risk.
B. Additional Application Elements
Applicants must submit the following documents and forms. Note, the
Standard OMB Forms needed for the electronic application process are
available at: www.Grants.gov.
i. A statement of work (SOW) addressing the scope, schedule,
budget, and performance measures for the proposed project if it were
selected for award. The applicant should include sufficient detail in
the SOW so FRA can understand the expected outcomes of the proposed
work to be performed and can monitor progress toward completing project
tasks and deliverables during a prospective grant's period of
performance. Applicants are expected to organize the SOW in the form of
Articles 4-7 of Attachment 2: Project Specific Terms and Conditions of
FRA's grant template. Applications that do not follow this format may
be considered incomplete and may not be reviewed.\21\
---------------------------------------------------------------------------
\21\ The FRA grant agreement consists of three parts: Attachment
1: Standard Terms and Conditions, Attachment 2: Project-Specific
Terms and Conditions, and Terms and Conditions Exhibits. The
agreements are available at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
---------------------------------------------------------------------------
When preparing the budget, the total cost of a project must be
based on the best available information as indicated in cited
references that include engineering studies, economic feasibility
studies, environmental analyses, and information on the expected use of
equipment or facilities. Applicants must include annual budget
estimates in year of expenditure dollars for the duration of the
project.
For Major Capital Projects applying under Track 3 (FD/
Construction), the applicant must attach (or link) the following
supplemental material:
A. Schedule in .pdf and either .mpp or .xer, reflecting:
1. The activities needed to accomplish the project work along with
the duration of each activity, including completion of prerequisite
activities (such as design, NEPA, funding, right-of-way acquisition,
agreements, permits/approvals) needed to begin delivery of
[[Page 42586]]
the project defined by the application and indicating the project
critical path;
2. Logical sequence of the activities and major milestones,
including project phasing and seasonal and/or third-party restrictions
on Construction periods;
3. Relationships between the activities;
4. Narrative description of schedule and basis and assumptions in
the schedule; along with a summary of schedule risks;
5. Project completion (month and year), including dates of
substantial completion, final completion, and revenue service, along
with the date when the Project Sponsor anticipates accepting the work;
and
6. Level of detail commensurate with project size.
B. Cost estimate in .pdf and .xlsx formats, reflecting:
1. All costs and value of resources needed or incurred for the
Project Development, Final Design and Construction, including design
costs, right-of-way/right-of-way procurement, environmental mitigation,
public outreach, Construction, overall project management, appropriate
contingency for unknowns, costs/resources paid to third parties for
work related to the project such as utility relocations;
2. Correlation with the preliminary project design to estimate
specific quantities for each work element and unit costs used and
alignment with the project scope and project schedule;
3. A midpoint of Construction or annual escalation to year-of
expenditure to account for cost escalation;
4. Documentation of assumptions, methodologies, sources, and
exclusions;
5. Financing costs, itemized and shown separately; and
6. Narrative description describing and explaining the logic,
methods, assumptions, and calculations used in the estimate.
C. Risk Register in .pdf and .xlsx formats, reflecting:
1. An objective list of risks and explanation of each risk's
potential impacts on the project, organized by risk category (e.g.,
market, design, right-of-way, utilities, permits, environmental,
Construction, etc.);
2. A scoring of each risk showing an objective judgement of
relative severity of risk to project cost and to project schedule;
3. Planned mitigations for each risk; and
4. Number of identified risks, commensurate with project size.
D. A Project Management Plan describing how the capital project
will be implemented, monitored, and controlled to help the Project
Sponsor effectively, efficiently, and safely deliver the project on-
time, within-budget, and at the highest appropriate quality. It should
include:
1. An organization chart showing key individuals (whether Sponsor
or consultant team members) that will be responsible for key aspects of
project delivery for the Project;
2. Brief resume explaining background and experience of primary
project delivery personnel (e.g., project manager, grant manager,
design manager, agreements manager, third-party/utility manager, real
estate manager, quality manager, safety manager, construction manager,
risk manager, financial manager, and testing/start-up manager, as
applicable); and
3. A matrix of all agency permits and agreements needed for the
project, noting the nature of the permit, agency/entity granting the
permit, date permit anticipated to be issued, and date by which, if not
issued, it will impact project critical path. Agreements may include
those governing the construction, operation, and maintenance of the
Project such as those with governing bodies and partnering agencies.
ii. Environmental compliance documentation, as applicable, if a
website link is not cited in the project narrative. Applicants should
explain what Federal (and, if appropriate, State, Tribal, and local)
environmental compliance and permitting requirements have been
completed. Such requirements include NEPA and other Federal, Tribal,
local, and State permitting requirements, if applicable. For all other
Federal, Tribal, local, and State environmental permitting
requirements, the applicant should describe which permits apply, the
status of those reviews, and the expected timeline for completion. If
the NEPA process is complete, an applicant should indicate the date of
completion, and provide a website link or other reference to the
documents demonstrating compliance with NEPA, which might include final
Categorical Exclusion determination documentation, a Finding of No
Significant Impact, or a Record of Decision. If the NEPA process is not
yet underway, the application should state this. If the NEPA process is
underway, but not complete, the application should detail the type of
NEPA review underway, where the project is in the process, and indicate
the anticipated date of completion of all NEPA and other environmental
requirements. Additional information regarding FRA's environmental
processes and requirements are located at https://fra.dot.gov/environment.
iii. A matrix of all third-party agreements necessary for the
applicant to have the financial, technical, and legal authority to
complete the project for the originally authorized purpose, including
utility company agreements, and agreements needed for construction of
the project, and agreements allocating responsibility for ownership,
operation, and maintenance of the project after completion. For each
agreement, the matrix should note the nature of agreement, signing
parties to agreement, date agreement anticipated to be executed, and
date by which, if not executed, it will impact project critical path.
FRA encourages applicants to enclose or link draft or finalized
agreements in their application materials.
FRA encourages early cooperation between applicants and any
relevant infrastructure owners. Under 49 U.S.C. 22905(c)(1), a grant
applicant must have a written agreement with a railroad that owns
rights-of-way to be used by the project (referred to as the 22905
Agreement) prior to grant obligation. If the agreement is complete, an
applicant should indicate the agreement's effective date, and provide a
website link or attach the agreement as part of the application. The
written agreement between the grantee and the railroad should describe
use and ownership, including any compensation for such use; assurances
regarding the adequacy of infrastructure capacity to accommodate both
existing and future freight and passenger operations; an assurance by
the railroad that collective bargaining agreements with the railroad's
employees, including terms regulating the contracting of work, will
remain in full force and effect according to their terms for work
performed by the railroad on the railroad transportation corridor; and
an assurance that the grantee complies with liability requirements
consistent with 49 U.S.C. 28103. For additional guidance, see the FRA
Answers to Frequently Asked Questions about Rail Improvement Grant
Conditions under 49 U.S.C. 22905(c)(1): https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1.
iv. SF 424--Application for Federal Assistance.
v. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
vi. SF 424B--Assurances for Non-Construction or SF 424D--Assurances
for Construction.
[[Page 42587]]
vii. FRA F30--Certification Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying, located at https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters.
viii. FRA F251--Applicant Financial Capability Questionnaire,
located at https://railroads.dot.gov/elibrary/fra-f-251.
ix. SF LLL--Disclosure of Lobbying Activities.
C. Post-Selection Requirements
See Section F(2) of this notice for post-selection requirements.
3. Unique Entity Identifier and System for Award Management (SAM)
To apply for funding through Grants.gov, applicants must be
properly registered in SAM before submitting an application, provide a
valid unique entity identifier in its application, and continue to
maintain an active SAM registration all as described in detail below.
Complete instructions on how to register and submit an application can
be found at www.Grants.gov. Registering with Grants.gov is a one-time
process; however, it can take up to several weeks for first-time
registrants to receive confirmation and a user password. FRA recommends
that applicants start the registration process as early as possible to
prevent delays that may preclude submitting an application package by
the application deadline. Applications will not be accepted after the
due date.
FRA may not make a grant award to an applicant until the applicant
has complied with all applicable SAM requirements, and if an applicant
has not fully complied with the requirements by the time the Federal
awarding agency is ready to make a Federal award, the Federal awarding
agency may determine that the applicant is not qualified to receive a
Federal award and use that determination as a basis for making a
Federal award to another applicant. Late applications, including those
that are the result of a failure to register or comply with Grants.gov
applicant requirements in a timely manner, will not be considered. If
an applicant has not fully complied with the requirements by the
submission deadline, the application will not be considered. To submit
an application through Grants.gov, applicants must follow the
directions in Section D(3)(c).
a. Register With the SAM at www.SAM.gov
All applicants for Federal financial assistance must maintain
current registrations in the SAM database. An applicant must be
registered in SAM to successfully register in Grants.gov. The SAM
database is the repository for standard information about Federal
financial assistance applicants, grantees, and subrecipients.
Organizations that have previously submitted applications via
Grants.gov are already registered with SAM, as it is a requirement for
Grants.gov registration. Please note, however, that applicants must
update or renew their SAM registration at least once per year to
maintain an active status. Therefore, it is critical to check
registration status well in advance of the application deadline. If an
applicant is selected for an award, the applicant must maintain an
active SAM registration with current information throughout the period
of the award, including information on a grantee's immediate and
highest-level owner and subsidiaries, as well as on all predecessors
that have been awarded a Federal contract or grant within the last
three years, if applicable. Information about SAM registration
procedures is available at www.SAM.gov.
b. Obtain a Unique Entity Identifier
On April 4, 2022, the Federal Government discontinued using DUNS
numbers. The DUNS Number was replaced by a new, non-proprietary
identifier that is provided by the System for Award Management
(SAM.gov). This new identifier is called the Unique Entity Identifier
(UEI), or the Entity ID. To find or request a Unique Entity Identifier,
please visit www.SAM.gov.
c. Create a Grants.gov Username and Password
Applicants must complete an Authorized Organization Representative
(AOR) profile on www.Grants.gov and create a username and password.
Applicants must use the organization's UEI to complete this step.
Additional information about the registration process is available at:
https://www.grants.gov/applicants/applicant-registration.
d. Acquire Authorization for Your AOR From the E-Business Point of
Contact
The E-Biz POC at the applicant's organization must respond to the
registration email from Grants.gov and login at www.Grants.gov to
authorize the applicant as the AOR. Please note there can be more than
one AOR for an organization.
e. Submit an Application Addressing All Requirements Outlined in This
NOFO
If an applicant has trouble at any point during this process,
please call the Grants.gov Customer Center Hotline at 1-800-518-4726,
24 hours a day, 7 days a week (closed on Federal holidays). For
information and instructions on each of these processes, please see
instructions at: https://www.grants.gov/support.
4. Submission Dates and Times
Applicants must submit complete applications to www.Grants.gov no
later than 11:59 p.m. Eastern Time, July 15, 2024. Applicants will
receive a system-generated acknowledgement of receipt. FRA reviews
Grants.gov information on dates/times of applications submitted to
determine timeliness of submissions. Late applications will be neither
reviewed nor considered, no exceptions. To apply for funding under this
announcement, all applicants are required to be registered as an
organization with Grants.gov. Applicants are strongly encouraged to
apply early to ensure all materials are received before this deadline.
To ensure a fair competition of limited discretionary funds, no
late submissions will be reviewed for any reason, including: (1)
failure to complete the Grants.gov registration process before the
deadline; (2) failure to follow Grants.gov instructions on how to
register and apply as posted on its website; (3) failure to follow all
the instructions in this NOFO; and (4) technical issues experienced
with the applicant's computer or information technology environment.
5. Intergovernmental Review
Intergovernmental Review is required for this program. Applicants
must contact their State Single Point of Contact to comply with their
State's process under Executive Order 12372.
6. Funding Restrictions
Consistent with 2 CFR 200.458, as applicable, FRA will only approve
pre-award costs if such costs are incurred pursuant to the negotiation
and in anticipation of the grant agreement and if such costs are
necessary for efficient and timely performance of the scope of
work.\22\ Under 2 CFR 200.458, grant recipients must seek written
approval from FRA for pre-award activities to be
[[Page 42588]]
eligible for reimbursement under the grant. Activities initiated prior
to the execution of a grant or without FRA's written approval may be
ineligible for reimbursement or matching contribution. Cost sharing or
matching may be used only for authorized Federal award purposes.
---------------------------------------------------------------------------
\22\ For more information on pre-award costs under this program,
see FRA Answers to Frequently Asked Questions about Pre-Award
Authority, available at: https://railroads.dot.gov/sites/fra.dot.gov/files/2023-03/2023-03-06%20FSP%20NEC%20Pre-Award%20FAQ_PDFa.pdf.
---------------------------------------------------------------------------
FRA may consider interest and other financing costs of efficiently
carrying out a part of the project within a reasonable time as eligible
if the applicant demonstrates reasonable diligence in seeking the most
favorable financing terms and provides a certification to that effect
as required in 49 U.S.C. 24911(g)(2)(C)(iii). Interest and financing
costs must meet the requirements specified in 2 CFR part 200, including
section 2 CFR 200.449 to be considered eligible.
Applicants should be aware that, for a partially funded project,
depending upon applicable Federal law and the relationship among FSP-
funded and non-FSP funded project portions, the FSP award may cause
non-FSP funded portions to be subject to Federal requirements as
described in Section F(2). For example, the NEPA review for the FSP-
funded project component may need to include evaluation of all project
components as connected, similar, or cumulative actions.
7. Other Submission Requirements
Please use generally accepted formats such as .pdf, .doc, .docx,
.xls, .xlsx, and .ppt when uploading attachments. While applicants may
embed picture files such as .jpg, .gif, and .bmp in document files,
applicants should not submit attachments in these formats.
Additionally, the following formats will not be accepted: .com, .bat,
.exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora, .sys, and
.zip.
E. Application Review Information
1. Criteria
A. Completeness and Eligibility Criteria
FRA will first screen each application for applicant and project
eligibility (eligibility requirements are outlined in Section C of this
notice), completeness (application documentation and submission
requirements are outlined in Section D of this notice), and non-Federal
match requirements (outlined in Section C(2) of this notice).
For projects that have a shared benefit to intercity and commuter
rail services, FRA will determine whether Amtrak and the public
authorities providing Commuter Rail Passenger Transportation at the
eligible project location are in compliance with 49 U.S.C. 24905(c)(2)
and have identified funding for the intercity passenger rail share, the
commuter rail share, and the local share of the eligible project before
the commencement of the project. Applicants must identify these shares
for the Lifecycle Stage(s) for which they are seeking funding (for
example, an application seeking funding for Project Development must
identify funding shares only for the Project Development Lifecycle
Stage and not for the FD and Construction stages of the same project).
Then, FRA will determine whether the proposed project in each
eligible and complete application is consistent with the 2024 Inventory
and, if not, whether there has been a material change to infrastructure
or service conditions, changes in Project Sponsor capabilities or
commitments, or other significant changes since publication of the 2024
Inventory, consistent with 49 U.S.C. 24911(d)(1)(A). FRA will review
whether the Project Sponsor, Funding Need, Lifecycle Stage and
Schedule, and Scope as provided in the submitted application are
consistent with the 2024 Inventory. Project Sponsors must explain
changes or inconsistencies between the 2024 Inventory and their
submitted application to ensure compliance. For this criterion, FRA
will use the rubric rating defined below in evaluating the degree to
which applications are responsive to the criteria.
Eligibility Criteria Rating--NEC Project Inventory Consistency
[For the Inventory consistency criteria described in Section E(1)(A), FRA will evaluate the application's
responsiveness to the criteria and the merit of the response, including an assessment of supporting
justifications, and assign an Inventory consistency rating.]
----------------------------------------------------------------------------------------------------------------
Inconsistent Minimally consistent Highly consistent
----------------------------------------------------------------------------------------------------------------
Project does not appear on the most Project appears on the most recently Project appears on the most recently
recently published NEC Project published NEC Project Inventory. published NEC Project Inventory.
Inventory. One or more of the Project Sponsor, The Project Sponsor, Funding Need,
Funding Need, Lifecycle Stage, Lifecycle Stage, Schedule, and
Schedule, or Scope is inconsistent Scope are consistent with the
with the Inventory, and there is Inventory or are inconsistent, but
limited or no information to sufficient and reasonable
justify or explain the change. information to justify or explain
the change has been provided.
----------------------------------------------------------------------------------------------------------------
Applications that are determined to be incomplete, that describe an
ineligible applicant or project, that describe an insufficient non-
Federal share, or receive a rating of ``Inconsistent'' on the above
rubric are ineligible and will not proceed to the Evaluation Review
Phase.
B. Merit Criteria
FRA will evaluate all eligible and complete applications using the
evaluation criteria outlined in this section to determine project
readiness, technical merit, and project outcomes.
i. Project Readiness
In evaluating project readiness, FRA will evaluate project risk
based on the applicant's preparedness and capacity to implement the
proposed project, including whether the applicant is reasonably
equipped to begin the capital or planning project in a timely manner to
meet its proposed schedule. FRA will evaluate whether the applicant is
able to meet project milestones and use Federal funds efficiently to
deliver the proposed project.\23\
---------------------------------------------------------------------------
\23\ Additional information on DOT's Project Readiness checklist
can be found here: https://www.transportation.gov/grants/dot-navigator/project-readiness-checklist-dot-discretionary-grant-applicants.
---------------------------------------------------------------------------
FRA will evaluate the application for the degree to which--
a. The application demonstrates environmental readiness, evidenced
by the status of required NEPA actions and environmental permitting
readiness (if applicable);
b. The application demonstrates that the project has completed or
will complete any preceding Lifecycle Stage(s) and the project is able
to complete all requirements of the proposed Lifecycle Stage(s) with
the requested funding;
c. Project partner coordination and commitments are secured or able
to be secured without undue delay;
d. The status and timeline of agreements, including the agreement
required under 49 U.S.C. 22905(c)(1), Cost Share Agreements, and other
agreements necessary for the legal, financial, and technical capacity
to complete the project, are sufficiently
[[Page 42589]]
developed for the proposed project Lifecycle Stage;
e. The applicant demonstrates financial readiness, including
commitment of funds for proposed non-Federal matching sources in the
form of cost sharing agreements or signed financial commitment letters.
f. The application demonstrates an understanding of the risk, if
any, related to force account, the force account impact on project
implementation, and the coordination and planning required to mitigate
those risks; and
g. The application demonstrates an understanding of track outages
needed to complete the proposed Lifecycle Stage(s), if any, and that
related systems to manage track outage needs are sufficiently advanced.
ii. Technical Merit
In evaluating technical merit, FRA will evaluate the degree to
which the application, statement of work, schedule, and budget are
reasonable and appropriate to achieve the expected outcomes, commit the
necessary resources and workforce to deliver the project, and the
proposed project elements that are appropriate for the project funding
request. FRA will also consider applicant risk, including the
applicant's past performance in developing and delivering similar
projects. FRA will evaluate application information for the degree to
which--
a. The tasks and subtasks outlined in the SOW are appropriate to
achieve the expected outcomes of the proposed project;
b. The technical qualifications and experience of key personnel the
applicant proposes to lead and perform the technical efforts, including
the qualifications of the primary and supporting organizations,
demonstrates the ability to execute the proposed project fully and
successfully within the proposed time frame and budget. Discussion of
applicant qualifications should include experience in managing similar
projects and specifically address the considerations in 2 CFR
200.206(b); and
c. The applicant has, or will have the legal, financial, and
technical capacity to carry out the proposed project, to retain
satisfactory continuing access over the use of the equipment or
facilities, and the capability and willingness to maintain the
equipment or facilities.
iii. Project Outcomes
The NEC is the busiest passenger railroad in the United States. As
such, projects located on the NEC and included in the NEC Project
Inventory provide a wide range of project outcomes that benefit
intercity passenger rail service. Within this context, in evaluating
project outcomes under this notice, FRA will focus on the extent to
which the project will reasonably:
a. Bring assets into a State of Good Repair and reduce the NEC's
State of Good Repair backlog;
b. Improve intercity passenger rail service performance by
increasing operating speeds in the project area; and
c. Improve intercity passenger rail service performance by reducing
infrastructure-related delays in the project area.
Comprehensive and accurate submission of the requested project
outcome data (in the form provided in table 4 of section D(2)(a)) will
afford FRA the best opportunity to evaluate a proposed project's
projected outcomes, and such responses will be foundational to FRA's
assessment of project outcomes.
While FRA has identified these three outcomes as priorities for
this NOFO, Project Sponsors are encouraged to identify any further
outcomes and benefits of their proposed projects. Project Sponsors are
especially encouraged to identify any benefits and outcomes that align
with the Administration priorities described under Selection Criteria,
below.
For each of the merit criteria, FRA will use the rubric ratings
defined below in evaluating the degree to which applications are
responsive to the criteria.
Merit Criteria Ratings--Project Readiness
[For the project readiness criteria described in Section E(1)(B)(i), FRA
will evaluate the application's responsiveness to the criteria and the
merit of the response, including an assessment of supporting
justifications, and assign a cumulative project readiness risk rating.]
------------------------------------------------------------------------
Unacceptable High risk Medium risk Low risk
------------------------------------------------------------------------
Application Application Application Application
provides limited provides provides provides
or no insufficient sufficient thorough and
information information to information to complete
necessary to assess the assess the information and
assess the project against project against evidence to
project against the project the readiness assess the
the project readiness criteria; project against
readiness criteria; application the project
criteria; application does demonstrates readiness
application does not demonstrate support, criteria
not demonstrate sufficient progress, or demonstrates
support, support, completion of strong support,
progress, or progress, or one or more progress, or
completion of completion of required completion of
required required Lifecycle Stage required
Lifecycle Stage Lifecycle Stage prerequisites Lifecycle Stage
prerequisites; prerequisites but indicates prerequisites,
or application and indicates some risk to indicates
indicates one or risk to advancing the minimal risk to
more significant advancing the project in a advancing the
barriers that project without timely manner; project in a
would prevent foreseeable and the timely manner,
project delays; or application and application
delivery. application does not does not
indicates a indicate a indicate a
barrier that barrier that barrier that
would likely would likely would likely
prevent project prevent project prevent project
delivery. delivery. delivery.
------------------------------------------------------------------------
Merit Criteria Ratings--Technical Merit
For the technical merit criteria described in Section E(1)(B)(ii), FRA
will evaluate the application's responsiveness to the criteria and the
merit of the response, including an assessment of supporting
justifications, and assign a cumulative technical merit rating.]
------------------------------------------------------------------------
Highly
Unacceptable Acceptable Responsive responsive
------------------------------------------------------------------------
Application Application Application Application
provides limited contains provides provides
or no insufficient sufficient thorough and
information information to information and complete
necessary to assess the evidence to information and
assess the project against assess the evidence to
project against one or more of project against assess the
the technical the technical the technical project against
merit criteria, merit criteria, merit criteria the technical
or application or application and merit criteria
demonstrates one demonstrates demonstrates and
or more technical that the sufficiently
significant challenges that applicant can demonstrates
technical could affect deliver the that the
challenges that project delivery project with project can be
would prevent but not prevent minimal successfully
the applicant the applicant technical delivered by
from delivering from delivering challenges. the applicant.
the project. the project.
------------------------------------------------------------------------
[[Page 42590]]
Merit Criteria Ratings--Project Outcomes
[For the project outcomes criteria described in section E(1)(B)(iii),
FRA will evaluate the application's responsiveness to the criteria and
the merit of the response, including an assessment of supporting
justifications, and assign a cumulative Project Outcomes rating.]
------------------------------------------------------------------------
Highly
Unacceptable Acceptable Responsive responsive
------------------------------------------------------------------------
Application Application Application Application
provides limited contains provides provides
or no insufficient sufficient thorough and
information information to information to complete
necessary to assess the assess the information and
assess the project against project against evidence to
project against the project the project assess the
the project outcomes outcomes project against
outcomes criteria or does criteria and the project
criteria or not demonstrate adequately outcomes
demonstrates that the project demonstrates criteria and
that the project will achieve all that the sufficiently
will not result of its intended project will demonstrates
in State of Good State of Good likely achieve that the
Repair, higher Repair, higher State of Good project will
operating speed, operating speed, Repair, higher achieve one or
or or operating more
infrastructure infrastructure speed, or significant
delay reduction delay reduction infrastructure State of Good
outcomes. outcomes. delay reduction Repair, higher
outcomes. operating
speed, or
infrastructure
delay reduction
outcomes.
------------------------------------------------------------------------
C. Selection Criteria
After completing the evaluation criteria review, FRA will apply the
selection preferences described in Section E(1)(C)(i), consider the
Administration priorities described in Section E(1)(C)(ii), and compare
the applicant's proposed Federal share to the Funding Considerations
described in Section E(1)(C)(iii).
i. Program Preferences
FRA will apply program preferences in the order of priority listed
below:
a. Major Backlog Projects; then
b. Capital Renewal, Improvement, and Station projects that are:
i. In or entering the Construction Lifecycle Stage; then
ii. In or entering the Final Design Lifecycle Stage; then
iii. In or entering the Planning or Project Development Lifecycle
Stages; and
c. Within each of the Lifecycle Stages above, Capital Renewal,
Improvement, and Station projects that exhibit one or more of the
following features:
i. Reduction in the NEC's State of Good Repair backlog;
ii. Demonstration of likelihood of significant Intercity Passenger
Rail outcomes; and
iii. Require a Federal share of less than 80 percent of the Total
Project Cost; then
d. Planning Studies.\24\
---------------------------------------------------------------------------
\24\ While these program preferences align with the 2024
Inventory, applications received by FRA through this NOFO may result
in a selection of projects that differs from the sequence that
appears on the 2024 Inventory.
---------------------------------------------------------------------------
ii. Administration Priorities
FRA will consider the extent to which projects achieve and are
responsive to the following key Administration priorities:
Safety: FRA will assess the project's ability to foster a safe
transportation system for the movement of goods and people, consistent
with the Department's strategic goal to reduce transportation-related
fatalities and serious injuries across the transportation system. Such
considerations will include, but are not limited to, the extent to
which the project improves and upgrades infrastructure to achieve a
higher level of safety, provides substantial safety benefits compared
to existing conditions and uses an appropriately trained workforce.
Overall, FRA expects that projects will provide positive safety
benefits for all users and not negatively impact safety for all users.
Climate Change and Sustainability: FRA will assess the project's
ability to reduce the harmful effects of climate change and anticipate
necessary improvements to prepare for extreme weather events. Such
considerations may include, but are not limited to, the extent to which
the project reduces emissions, promotes energy efficiency, increases
resiliency, incorporates evidence-based climate resilience measures or
features, and avoids adverse environmental impacts to air or water
quality, wetlands, and endangered species. Projects that lead to a
significant reduction of emissions resulting from rehabilitating,
remanufacturing, procuring, and overhauling a locomotive meet the
objective of this priority.
Applicants are encouraged to use the DOT Navigator Climate
checklist (https://www.transportation.gov/grants/dot-navigator/checklist-strong-climate-change-mitigation-adaptation-and-resilience-grant) in responding to this criterion. Applications that are rated
highly on this criterion will be those that use data-driven and
evidence-based methods to demonstrate that the project will:
Significantly reduce greenhouse gas (GHG) emissions in the
transportation sector; and
Incorporate evidence-based climate resilience measures or
features, including those that advance objectives in the National
Climate Resilience Framework (https://www.whitehouse.gov/wp-content/uploads/2023/09/National-Climate-Resilience-Framework-FINAL.pdf).
Equity and Justice40: FRA will assess elements including how the
project will create positive outcomes that will reduce, mitigate, or
reverse how a community is experiencing disadvantages through
increasing affordable transportation options, improving health or
safety, reducing pollution, connecting Americans to good-paying jobs,
fighting climate change, and/or improving access to nature, resources,
transportation or mobility, and quality of life. FRA will consider the
benefits and potential burdens a project may create, who would
experience them and how the benefits and potential burdens will impact
disadvantaged communities.
Applicants should use the Climate and Economic Justice Screening
Tool (CEJST) as the primary tool to identify disadvantaged communities
(Justice40 communities).\25\ Applicants are strongly encouraged to use
the USDOT Equitable Transportation Community (ETC) Explorer to
understand how their community or project area is experiencing
disadvantage related to lack of transportation investments or
opportunities. Through understanding how a community or project area is
experiencing transportation-related disadvantage, applicants are able
to address how the benefits of a project will reverse or mitigate the
burdens of disadvantage and demonstrate how the
[[Page 42591]]
project will address challenges and accrue benefits.
---------------------------------------------------------------------------
\25\ Established by Executive Order 14008 on Tackling the
Climate Crisis at Home and Abroad, the Justice40 Initiative sets a
goal that 40% of the overall benefits of certain Federal investments
in climate, clean energy, and other areas flow to disadvantaged
communities that are marginalized by underinvestment and
overburdened by pollution. Pursuant to M-21-28 and M-23-09, issued
by the White House Office of Management and Budget, White House
Council on Environmental Quality, and White House Office of Domestic
Climate Policy, USDOT recognizes disadvantaged communities as the
census tracts that are identified as disadvantaged by the CEJST, as
well as all Federally Recognized Tribes and Tribal entities.
---------------------------------------------------------------------------
Applicants are strongly encouraged to use the FRA's Justice40 Rail
Explorer Tool, (https://usdot.maps.arcgis.com/apps/webappviewer/?id=fd9810f673b64d228ae072bead46f703) to identify the rail
infrastructure in their project and features of the surrounding
community as the basis of their assessment. The FRA Justice40 Rail
Explorer Tool is a rail-specific complement to the USDOT ETC Explorer
and leverages the same methodology and metrics. The FRA Justice40 Rail
Explorer Tool provides GIS information on existing rail infrastructure,
communities, and pollution levels based on the proposed project's
location, and applicants can thus use this tool to note how their
project location scores across several different measures.
Transportation disadvantaged communities experience burden, as a result
of underinvestment in transportation, in the following five components:
Transportation Insecurity, Climate and Disaster Risk Burden,
Environmental Burden, Health Vulnerability, and Social Vulnerability.
Workforce Development, Job Quality, and Wealth Creation: FRA will
assess how the project will create good-paying, safe jobs with free and
fair choice to join a union including through the use of a project
labor agreement, promote investments in high-quality workforce
development programs, adopt local and economic hiring preferences for
the project workforce, and promote local inclusive economic and
entrepreneurship programs.
For Administration priorities, FRA will consider the application's
responsiveness to the criteria, and will provide a rating of ``Non-
responsive, ``Acceptable,'' ``Responsive,'' or ``Highly Responsive'' as
described in the rubric below. Applicants should provide a response for
each Administrative Priority addressed by their proposed project.
Applicants do not need to respond to an Administration Priority if it
is not applicable to their proposed project.
Administration Priorities
[For the Administration priorities Criteria described in Section
E(1)(C)(ii), FRA will consider the application's responsiveness to the
criteria, including an assessment of supporting justifications.]
------------------------------------------------------------------------
Highly
Non-responsive Acceptable Responsive responsive
------------------------------------------------------------------------
Application Application Application Application
contains contains limited contains contains
insufficient information that sufficient thorough and
information to is supported by information, complete
assess the some evidence, that is information,
project against but primarily adequately that is
any of the described supported by strongly
Administration qualitatively, both supported by
Priorities, or that the project quantitative both
project is is consistent and qualitative quantitative
inconsistent with at least evidence, that and qualitative
with one or more one of the the project has evidence, that
of the Administration clear and the project has
Administration priorities. direct benefits clear, direct,
priorities. in at least one and significant
of the benefits in one
Administration or more of the
priority areas. Administration
priority areas
and is not
inconsistent
with any of the
Administration
priorities.
------------------------------------------------------------------------
iii. Funding Considerations
In determining FSP Program funding allocations, FRA will fund Major
Backlog Projects at up to 80 percent of the Funding Need. FRA will
generally fund Capital Renewal, Improvement, and Station projects
applying under this notice between 50 and 80 percent of the Funding
Need. For Capital Renewal, Improvement and Station projects, FRA will
consider a higher Federal share, within this range, to the extent such
projects:
(A) Bring assets supporting Intercity Passenger Rail service into a
State of Good Repair; and
(B) Demonstrate likelihood of significant Intercity Passenger Rail
outcomes.
FRA encourages applicants to incorporate these funding
considerations in preparing their applications and developing their
proposed FSP funding requests and non-Federal share amounts.
Upon completion of all reviews, FRA will finalize an Overall Rating
for each application. This rating will be a combination of the results
of the Inventory consistency review, the three merit criteria reviews,
specifically, project readiness, technical merit, and project outcomes
criteria ratings as described in Sections E(1)(B)(i)-E(1)(B)(iii), and
the Administration priorities as described in Section E(1)(C)(ii).
Provided in the Overall Rating rubric below, each rating has defined
parameters to which each application will be assessed.
Overall Rating
------------------------------------------------------------------------
Highly
Not recommended Acceptable Recommended recommended
------------------------------------------------------------------------
Application Application Application Application
received an received an received an received an
overall score of overall score of overall score overall score
unacceptable acceptable based of recommended of highly
based on on Inventory based on recommended
Inventory consistency, Inventory based on
consistency, project consistency, Inventory
project readiness, project consistency,
readiness, technical merit, readiness, project
technical merit, and project technical readiness,
and project outcomes ratings merit, and technical
outcomes ratings and project merit, and
and consideration of outcomes project
consideration of Administration ratings and has outcomes
Administration priorities. clear and ratings and has
priorities. direct benefits clear, direct,
in one of the and significant
Administration benefits in one
priorities. or more of the
Administration
priorities.
------------------------------------------------------------------------
The evaluation process may draw upon subject matter experts within
FRA whose expertise is relevant to understanding the application's
responsiveness to the program criteria, such as assessing the
applicant's capacity to successfully deliver the project in compliance
with applicable Federal requirements based on factors including, but
not limited to, the recipient's experience working with Federal
agencies, previous experience with DOT discretionary grant awards and/
or the technical experience and resources dedicated to the project.
Finally, in determining the allocation of program funds, FRA may
also consider geographic diversity, diversity in the size of the
systems receiving
[[Page 42592]]
funding, and the applicant's receipt of other competitive awards.
2. Review and Selection Process
FRA will conduct a five-part application review process, as
follows:
i. Intake and Eligibility Phase: Screen applications for applicant
and project eligibility, completeness, and the minimum non-Federal
share; evaluate eligible and complete applications against the
eligibility criteria (Inventory consistency; phase completed by the
Evaluation Management and Oversight Team (EMOT), comprised of FRA
program review directors who manage the pre-award process).
ii. Evaluation Review Phase: Evaluate applications successfully
passing through Intake and Eligibility Reviews against the merit
criteria (project readiness, technical merit, and project outcomes)
specified in this notice and the applicant's ability (based on past
performance) to develop and deliver similar projects, as well as
alignment with the Administration priorities. This phase is completed
by technical merit, environmental risk, and NEC impact review panels
consisting of FRA and other DOT staff. The EMOT will compile the
results of the Evaluation Review Phase consistent with the FSP Program
selection preferences. After considering all FRA reviews under the
criteria, applications will be assigned an overall rating of ``Highly
Recommended,'' ``Recommended,'' ``Acceptable,'' or ``Not Recommended.''
iii. Steering Committee Phase: The Steering Committee is comprised
of Senior Directors with the Office of Railroad Development and may
also include senior leadership from the Railroad Office of Safety and
other relevant departments. The EMOT briefs the Steering Committee on
all rated applications, consistent with the prioritization reflected on
the NEC Project Inventory, and the Steering Committee may request more
information from FRA offices whose expertise may be relevant. The
Steering Committee provides strategic direction, in line with program
goals outlined in this NOFO, on the development of funding scenario
materials, including LOI and PFA recommendations for Highly Rated
projects, and approach for the Senior Review Team (SRT) briefing.
iv. Senior Review Phase: The SRT will review, apply selection
criteria, and recommend initial selection of projects and LOI/PFAs for
the FRA Administrator's review. The SRT may include senior leadership
from the Office of the Secretary and FRA.
v. Selection and Award Phase: The FRA Administrator selects awards
for the Secretary's or his designee's review and approval and announces
selections.
3. Reporting Matters Related to Integrity and Performance
Before making a Federal award with a total amount of Federal share
greater than the simplified acquisition threshold of $250,000 (see 2
CFR 200.88 Simplified Acquisition Threshold), FRA will review and
consider any information about the applicant that is in the designated
integrity and performance system accessible through SAM (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS)).
See 41 U.S.C. 2313.
An applicant, at its option, may review information in the
designated integrity and performance systems accessible through SAM and
comment on any information about itself that a Federal awarding agency
previously entered and is currently in the designated integrity and
performance system accessible through SAM.
FRA will consider any comments by the applicant, in addition to the
other information, 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 200.205.
F. Federal Award Administration Information
1. Federal Award Notice
FRA will announce applications selected for funding in a press
release and on FRA's website after the application review period. This
announcement is FRA's notification to successful and unsuccessful
applicants alike. Following this announcement, FRA will contact the
point of contact listed in the SF 424 to initiate negotiation of a
project-specific agreement. This notification is not an authorization
to begin proposed project activities. FRA requires satisfaction of
applicable requirements by the applicant and a formal agreement signed
by both the grantee and the FRA, including an approved scope, schedule,
and budget, before obligating the grant.
2. Administrative and National Policy Requirements
In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, grantees of funds must
comply with all applicable requirements of Federal law, including,
without limitation, the Constitution of the United States; the
conditions of performance, nondiscrimination requirements, and other
assurances made applicable to the award of funds in accordance with
regulations of DOT; and applicable Federal financial assistance and
contracting principles promulgated by the Office of Management and
Budget. In complying with these requirements, grantees, in particular,
must ensure that no concession agreements are denied, or other
contracting decisions made on the basis of speech or other activities
protected by the First Amendment. If DOT determines that a grantee has
failed to comply with applicable Federal requirements, DOT may
terminate the award of funds and disallow previously incurred costs,
requiring the grantee to reimburse any expended award funds.
Examples of administrative and national policy requirements
include: procurement standards at 2 CFR part 200 subpart D, 2 CFR
1201.317, and 2 CFR 200.401; compliance with Federal civil rights laws
and regulations; disadvantaged business enterprises requirements;
debarment and suspension requirements; drug-free workplace
requirements; FRA's and OMB's Assurances and Certifications; ADA
requirements; safety requirements; NEPA, including consideration of
environmental justice requirements; and compliance with 49 U.S.C. 24905
for the duration of NEC Projects. Unless otherwise stated in statutory
or legislative authority, or appropriations language, all financial
assistance awards follow the Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards at 2 CFR part 200
and 2 CFR part 1201.
Assistance under this NOFO is subject to the grant conditions in 49
U.S.C. 22905, including protective arrangements that are equivalent to
the protective arrangements established under section 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
836) with respect to employees affected by actions taken in connection
with the project to be financed in whole or in part by grants subject
to 49 U.S.C. 22905, the provision deeming operators rail carriers and
employers for certain purposes, and grantee agreements with railroad
right-of-way owners for projects using railroad rights-of-way (see
Section D(2)(a)).\26\
---------------------------------------------------------------------------
\26\ More information on labor protections can be found here:
https://railroads.dot.gov/elibrary/equivalent-labor-protections.
---------------------------------------------------------------------------
Projects must sufficiently consider climate change and
environmental justice in their planning, as determined by FRA and
consistent with core policy goals of assessing these potential impacts.
For example, see Executive
[[Page 42593]]
Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR
7619) and Executive Order 14096, Revitalizing Our Nation's Commitment
to Environmental Justice for All (88 FR 25251). In the grant agreement,
recipients will be expected to describe activities they have taken or
will take prior to obligation of Construction funds that addresses
climate change and environmental justice. Activities that address
climate change include, but are not limited to, demonstrating the
project will result in significant GHG emissions reductions; the
project supports GHG emissions reductions goals in a Local/Regional/
State plan; the project improves disaster preparedness and resilience;
the project incorporates resilience in its design; and the project
primarily focuses on funding for State of Good Repair and clean
transportation options, including public transportation, walking,
biking, and micro-mobility. Activities that address environmental
justice may include, but are not limited to: basing project design on
consideration of community impacts; information gained from screening
tools such as CEJST, EPA's EJ Screen, or another appropriate
environmental and community impact tool developed by a State agency;
conducting enhanced, targeted outreach to potentially affected
communities, including disadvantaged communities; considering
environmental justice in alternatives analysis and final project
design; and supporting a modal shift in freight or passenger movement
to reduce GHG emissions or reduce induced travel demand.
Projects must consider and address equity and barriers to
opportunity in their planning, as determined by FRA and consistent with
Executive Order 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government (86 FR 7009).
The grant agreement should include the grantee's description of
activities it has taken or will take prior to obligation of
Construction funds that addresses equity and barriers to opportunity.
These activities may include, but are not limited to: completing an
equity impact analysis for the project; completing a community needs
assessment; adopting an equity and inclusion program/plan; conducting
meaningful public engagement to ensure underserved communities are
provided an opportunity to be involved in the planning process;
including investments that either redress past barriers to opportunity
or that proactively create new connections and opportunities for
underserved communities; hiring from local communities; improving
access to or providing economic growth and wealth building
opportunities for underserved, overburdened, or rural communities; or
addressing historic or current inequitable air pollution or other
environmental, health, or economic burdens and impacts.
To the extent that applicants have not sufficiently considered job
quality and labor rights in their planning, as determined by the
Department of Labor, consistent with Executive Order 14025, Worker
Organizing and Empowerment (86 FR 22829), and Executive Order 14052,
Implementation of the Infrastructure Investment and Jobs Act (86 FR
64335). Specifically, the Project Planning activities and project
delivery actions must support: (a) strong labor standards and the free
and fair choice to join a union, including project labor agreements,
local hire agreements, distribution of workplace rights notices, and
use of an appropriately trained workforce; (b) support of high-quality
workforce development programs, including registered apprenticeship,
labor-management training programs, and supportive services to help
train, place, and retain people in good-paying jobs and
apprenticeships; and (c) comprehensive planning and policies to promote
hiring and inclusion for all groups of workers, including through the
use of local and economic hiring preferences, linkage agreements with
workforce programs that serve underrepresented groups, and proactive
plans to prevent harassment. (See Article 11 of FRA's Attachment 2:
Project-Specific Terms and Conditions for a list of project activities
that address efforts to support good-paying jobs and strong labor
standards, available at: https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf).
a. Federal Contract Compliance
As a condition of grant award and consistent with Executive Order
11246, Equal Employment Opportunity (30 FR 12319, and as amended), all
federally assisted contractors are required to make good faith efforts
to meet the goals of 6.9 percent of Construction project hours being
performed by women, in addition to goals that vary based on geography
for Construction work hours and for work being performed by people of
color. Under Section 503 of the Rehabilitation Act of 1973 and its
implementing regulations, affirmative action obligations for certain
contractors include an aspirational employment goal of 7 percent
workers with disabilities.
The U.S. Department of Labor's Office of Federal Contract
Compliance Programs (OFCCP) is charged with enforcing Executive Order
11246, Section 503 of the Rehabilitation Act, and the Vietnam Era
Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega
Construction Project Program through which it engages with Project
Sponsors as early as the design phase to help promote compliance with
non-discrimination and affirmative action obligations. OFCCP will
identify projects that receive an award under this notice and are
required to participate in OFCCP's Mega Construction Project Program
from a wide range of federally assisted projects over which OFCCP has
jurisdiction and that have a project cost above $35 million. DOT will
require Project Sponsors with costs above $35 million that receive
awards under this funding opportunity to partner with OFCCP, if
selected by OFCCP, as a condition of their DOT award.
All expenses incurred for an FSP funded project on the 2024
Inventory must comply with FSP requirements. If a Project Sponsor
incurs any costs for a project that is on the NEC Project Inventory,
the Project Sponsor must ensure compliance with FSP program
requirements to receive FSP funding, regardless of whether the cost is
funded by the FSP program, because it is part of the project that is on
the Inventory. If the Project Sponsor is unable to bring any components
of the project into compliance with FSP Program requirements, the
applicant must define a component project, consistent with requirements
outlined in Section C(3)(b), for the use of FSP funding and demonstrate
a reduction of the Total Project Cost (commensurate with the cost of
the non-compliant component) from the Funding Need depicted for the
project in the 2024 Inventory.
b. Critical Infrastructure Security Cybersecurity and Resilience
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against all hazards,
including physical and cyber risks, consistent with Presidential Policy
Directive 21--Critical Infrastructure Security and Resilience, and the
National Security Memorandum (NSM-5) on Improving Cybersecurity for
Critical Infrastructure Control Systems. Each applicant selected for
Federal funding must demonstrate, prior to signing of the grant
agreement, efforts to consider and address physical and cyber security
risks relevant to the transportation mode and type and scale of the
project. Projects that have not
[[Page 42594]]
appropriately considered and addressed physical and cyber security and
resilience in their planning, design, and project oversight, as
determined by the Department and the Department of Homeland Security,
will be required to do so before receiving funds.
c. Domestic Preference Requirements
As expressed in Executive Order 14005, Ensuring the Future Is Made
in All of America by All of America's Workers (86 FR 7475), the
executive branch should maximize, consistent with law, the use of
goods, products, and materials produced in, and services offered in,
the United States. Funds made available under this notice are subject
to the domestic preference requirement in 49 U.S.C. 22905(a) (FRA Buy
America) and the Build America, Buy America Act, Pub. L. 117-58, 70901-
52. The Department expects all applicants to comply with the applicable
domestic preference requirements. However, Major Capital Project
applicants should include a domestic sourcing plan that provides
details on the extent to which the materials covered by the plan are to
be imported and the extent to which such materials can be sourced
domestically. Applicants should also provide an explanation in the plan
of the number of domestic jobs, temporary and permanent, that will be
generated by the project and outline a plan to transition any foreign
labor responsibilities to domestic jobs. Major Capital Project
applicants may also request a waiver from certain Buy America
requirements along with the domestic sourcing plan.
d. Civil Rights and Title VI
As a condition of a grant award, grant recipients must 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 and implementing regulations (49 CFR part 21), the
Americans with Disabilities Act, and Section 504 of the Rehabilitation
Act, all other civil rights requirements, and accompanying regulations.
This should include a current title VI plan, completed Community
Participation Plan, and a plan to address any legacy infrastructure or
facilities that are not compliant with ADA standards. DOT's and FRA's
Offices of Civil Rights will work with awarded grant recipients to
ensure full compliance with Federal civil rights requirements.
e. Project Signage and Public Acknowledgements
As a condition of grant award, for Construction and non-
Construction projects, recipients may be required to post project
signage and to include public acknowledgments in published and other
collateral materials (e.g., press releases, marketing materials,
website, etc.) satisfactory in form and substance to DOT, that
identifies the nature of the project and indicates that ``the project
is funded by the Bipartisan Infrastructure Law.'' In addition,
recipients employing project signage are required to use the official
Investing in America emblem in accordance with the Official Investing
in America Emblem Style Guide. Costs associated with signage and public
acknowledgments must be reasonable and limited. Signs or public
acknowledgments should not be produced, displayed, or published if
doing so results in unreasonable cost, expense, or recipient burden.
Recipients are encouraged to use recycled or recovered materials when
procuring signs.
3. Reporting
a. Progress Reporting on Grant Activity
Each applicant selected for a grant will be required to comply with
all standard FRA reporting requirements, including quarterly progress
reports, quarterly Federal financial reports, and interim and final
performance reports, as well as all applicable auditing, monitoring and
close out requirements. Reports may be submitted electronically.
Pursuant to 2 CFR 170.210, non-Federal entities applying under this
NOFO must have the necessary processes and systems in place to comply
with the reporting requirements should they receive Federal funding.
b. Additional Reporting
Applicants selected for funding are required to comply with all
reporting requirements in the standard terms and conditions for FRA
grant awards including 2 CFR 180.335 and 2 CFR 180.350. If the total
value of a selected applicant's currently active grants, cooperative
agreements, and procurement contracts from all Federal awarding
agencies exceeds $10,000,000 for any period of time during the period
of performance of this Federal award, then the applicant must maintain
the information reported to SAM and ensure that is made available in
the designated integrity and performance system (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS)) about
civil, criminal, or administrative proceedings described in paragraph 2
of this award term and condition. This is a statutory requirement under
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As
required by section 3010 of Public Law 111-212, all information posted
in the designated integrity and performance system on or after April
15, 2011, except past performance reviews required for Federal
procurement contracts, will be publicly available.
c. Performance and Program Evaluation
Recipients and sub-recipients 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 the effectiveness of their projects
and strategies. Title I of the Foundations for Evidence-Based
Policymaking Act of 2018 (Evidence Act), Public Law 115-435 (2019)
urges Federal awarding agencies and Federal assistance recipients and
sub-recipients 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'' (codified at 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).
For grant recipients, evaluation expenses are allowable costs
(either as direct or indirect), unless prohibited by statute or
regulation, and such expenses may include the personnel and equipment
needed for data infrastructure and expertise in data analysis,
performance, and evaluation (2 CFR part 200).
d. Performance Reporting
Each applicant selected for funding must collect information and
report on the project's performance using measures mutually agreed upon
by FRA and the grantee to assess progress in achieving strategic goals
and objectives. Examples of some rail performance measures are listed
in the table below. The applicable measure(s) will depend upon the type
of project. Applicants requesting funding for rolling stock must
integrate at least one equipment/rolling stock performance measure,
consistent with the grantee's application materials and program goals.
[[Page 42595]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Primary Secondary
Rail measures Unit measure Measurement period Measurement administration administration Description
frequency priority priority
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow Order Miles............... Miles............. .................. Quarterly........ Workforce Safety............... The number of
Development, Job miles per
Quality, and quarter within
Wealth Creation. the project area
that have
temporary speed
restrictions
(``slow
orders'')
imposed due to
track condition.
This is an
indicator of the
overall
condition of
track. This
measure can be
used for
projects to
rehabilitate
sections of a
rail line since
the
rehabilitation
should
eliminate, or at
least reduce the
slow orders upon
project
completion.
Gross Ton...................... Gross Tons........ .................. Quarterly........ Workforce ..................... The annual gross
Development, Job tonnage of
Quality, and freight shipped
Wealth Creation. in the project
area. Gross tons
include freight
cargo minus tare
weight of the
rail cars. This
measures the
volume of
freight a
railroad ships
in a year. This
measure can be
useful for
projects that
are anticipated
to increase
freight
shipments.
Rail Track Grade Separation.... Count............. .................. Quarterly........ Workforce Safety............... The number of
Development, Job automobile
Quality, and crossings that
Wealth Creation. are eliminated
at an at-grade
crossing as a
result of a new
grade
separation.
Equity in Contracting.......... Count of small Duration of the Annual........... Equity............ ..................... Contracting with
businesses Project socially
contracted. Performance disadvantaged
Period. business
enterprises, and
labor surplus
area firms (each
a ``Small
Business'') for
the Project].
Justice40...................... Health, Duration of the Annual........... Environmental Public Health........ Any benefits the
environmental and Project Justice. project is
other benefits. Performance expected to
Period and/or deliver to
Beyond. improve the
health, safety,
environment and/
or well-being of
disadvantaged
communities.
Fuel Savings/Emissions......... Gallons........... .................. Annual........... Climate Change and ..................... The total gallons
Sustainability. of fuel saved as
a result of
rehabilitating,
remanufacturing,
procuring, or
overhauling
locomotives.
--------------------------------------------------------------------------------------------------------------------------------------------------------
e. Program Evaluation
As a condition of grant award, grantees 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 grantee, or
a benefit/cost analysis or assessment of return on investment. The
Department may require applicants to collect data elements to aid the
evaluation. As a part of the evaluation, as a condition of award,
grantee must agree to: (1) make records available to the evaluation
contractor; (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 relevant information as
requested; and (4) follow evaluation procedures as specified by the
evaluation contractor or DOT staff.
G. Federal Awarding Agency Contacts
For further information concerning this notice, please contact the
FRA NOFO Support program staff via email at [email protected].
If additional assistance is needed, you may contact Mr. Bryan Rodda in
FRA's Office of Amtrak and Northeast Corridor Program Delivery by email
at [email protected] or telephone: 202-557-0206; or Mr. Sergio
Coronado in FRA's Office of Rail Program Development by email at
[email protected] or telephone: 617-571-1213.
H. Other Information
All information submitted as part of or in support of any
application shall use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If the application includes
information the applicant considers to be a trade secret or
confidential commercial or financial information, the applicant should
do the following: (1) Note on the front cover that the submission
``Contains Confidential Business Information (CBI)''; (2) mark each
affected page ``CBI''; and (3) highlight or otherwise denote the CBI
portions.
The DOT regulations implementing the Freedom of Information Act
(FOIA) are found at 49 CFR part 7 subpart C--Availability of Reasonably
Described Records under the Freedom of Information Act which sets forth
rules for FRA to make requested materials, information, and records
publicly available under the FOIA. Unless prohibited by law and to the
extent permitted under the FOIA, contents of application and proposals
submitted by successful applicants may be released in response to FOIA
requests. In addition, following the completion of the selection
process and announcement of awards, FRA may publish a list of all
applications received along with the names of the applicant
organizations and funding amounts requested. Except for information
withheld under the previous paragraph, FRA may also make application
narratives publicly available or share application information within
DOT or with other Federal agencies if FRA determines that sharing is
relevant to the respective program's objectives.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2024-10656 Filed 5-14-24; 8:45 am]
BILLING CODE 4910-06-P
