Fiscal Year 2020 Competitive Funding Opportunity; Grants for Buses and Bus Facilities Program |
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K. Jane Williams
Federal Transit Administration
30 January 2020
[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5538-5544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01614]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Fiscal Year 2020 Competitive Funding Opportunity; Grants for
Buses and Bus Facilities Program
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of funding opportunity (NOFO).
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SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for approximately $454.6 million in fiscal year
(FY) 2020 funds under the Grants for Buses and Bus Facilities Program
(CFDA#20.526). As required by federal public transportation law and
subject to funding availability, funds will be awarded competitively to
assist in the financing of capital projects to replace, rehabilitate,
purchase or lease buses and related equipment, and to rehabilitate,
purchase, construct or lease bus-related facilities. Projects may
include costs incidental to the acquisition of buses or to the
construction of facilities, such as the costs of related workforce
development and training activities, and project administration
expenses. FTA may award additional funds if they are made available to
the program prior to the announcement of project selections.
DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern Time on March 30,
2020. Prospective applicants should initiate the process by promptly
registering on the GRANTS.GOV website to ensure completion of the
application process before the submission deadline. Instructions for
applying can be found on FTA's website at http://transit.dot.gov/howtoapply and in the ``FIND'' module of GRANTS.GOV.
The GRANTS.GOV funding opportunity ID is FTA-2020-006-BUS. Mail and
fax submissions will not be accepted.
FOR FURTHER INFORMATION CONTACT: Mark Bathrick, FTA Office of Program
Management, 202-366-9955, or mark.bathrick@dot.gov.
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. Review and Selection Process Information
G. Federal Award Administration Information
H. Technical Assistance and Other Program Information
I. Federal Awarding Agency Contacts
A. Program Description
Federal public transportation law (49 U.S.C 5339(b)) authorizes FTA
to award funds for the Grants for Buses and Bus Facilities Program
through a competitive process, as described in this notice, for capital
projects to replace, rehabilitate, purchase or lease buses and related
equipment and to rehabilitate, purchase, construct or lease bus-related
facilities.
The purpose of the Grants for Buses and Bus Facilities Program is
to assist in the financing of capital projects for buses and bus
facilities, including replacing, rehabilitating, purchasing, or leasing
buses or related equipment, and rehabilitating, purchasing,
constructing, or leasing bus-related facilities.
The Grants for Buses and Bus Facilities Program provides funds to
eligible applicants including designated recipients that allocate funds
to fixed route bus operators, states or local governmental entities
that operate fixed route bus service, and Indian tribes. FTA also may
award grants to eligible recipients for projects to be undertaken by
subrecipients. Eligible subrecipients include all otherwise eligible
applicants and also private nonprofit organizations engaged in public
transportation. In accordance with Federal public transportation law
(49 U.S.C. 5339(b)(2)), FTA will ``consider the age and condition of
buses, bus fleets, related equipment, and bus-related facilities'' in
selecting projects for funding. FTA may prioritize projects that
demonstrate how they will address significant repair and maintenance
needs, improve the safety of transit systems and deploy connective
projects that include advanced technologies to connect bus systems with
other networks.
In FY 2020, FTA is encouraging applicants to propose projects that
introduce innovative technologies or practices in support of FTA's
Accelerating Innovative Mobility (AIM) initiative. FTA is focused on
the introduction of new technology not commonly found within U.S.
transit systems such as integrated fare payment systems permitting
complete trips or advancements to propulsion systems. Innovation can
also include practices such as new public transportation operational
models, financial or procurement arrangements, or value capture.
B. Federal Award Information
Federal public transportation law (49 U.S.C. 5338(a)(2)(M))
authorizes $289,044,179 in FY 2020 funds for the Grants for Buses and
Bus Facilities Program. The Further Consolidated Appropriations Act,
2020 appropriated an additional $170,000,000 for the Grants for Buses
and Bus Facilities Program. After the mandatory oversight takedown of
$4,417,831 FTA is announcing the availability of $454,626,348 for the
Grants for Buses and Bus Facilities Program through this notice.
As required by Federal public transportation law (49 U.S.C.
5339(b)(5)
[[Page 5539]]
and 49 U.S.C. 5339(b)(8)), a minimum of 10 percent of the amount
awarded under the Grants for Buses and Bus Facilities Program will be
awarded to projects located in rural areas and no single grantee will
be awarded more than 10 percent of the amounts made available. FTA may
further cap the amount a single recipient or State may receive as part
of the selection process.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date that project selections are announced.
Funds are only available for projects that have not incurred costs
prior to the selection of projects, and will remain available for
obligation for three Federal fiscal years, not including the year in
which the funds are allocated to projects.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants include designated recipients that allocate
funds to fixed route bus operators, states or local governmental
entities that operate fixed route bus service, and Indian tribes.
Eligible subrecipients include all otherwise eligible applicants and
also private nonprofit organizations engaged in public transportation.
States may submit a statewide application on behalf of public
agencies or private nonprofit organizations engaged in public
transportation in rural areas or for other areas for which a State
allocates funds. Except for projects proposed by Indian tribes, all
proposals for projects in rural (non-urbanized) areas must be submitted
by a State, either individually or as a part of a statewide
application. States and other eligible applicants may also submit
consolidated proposals for projects in urbanized areas. The submission
of a statewide or consolidated urbanized area application shall not
preclude the submission and consideration of any application from other
eligible recipients in an urbanized area in a State. Proposals may
contain projects to be implemented by the recipient or its
subrecipients.
To be considered eligible, applicants must be able to demonstrate
the requisite legal, financial, and technical capabilities to receive
and administer Federal funds under this program.
2. Cost Sharing or Matching
The maximum federal share for projects selected under the Grants
for Buses and Bus Facilities Program is 80 percent of the net project
cost (i.e., the local amount should be at least 20 percent of the net
project cost, not 20 percent of the requested grant amount), unless
noted below by one of the exceptions.
a. The maximum Federal share is 85 percent of the net project cost
of acquiring vehicles (including clean-fuel or alternative fuel
vehicles) for purposes of complying with or maintaining compliance with
the Clean Air Act (CAA) and/or the Americans with Disabilities Act
(ADA) of 1990.
b. The maximum Federal share is 90 percent of the net project cost
of acquiring, installing or constructing vehicle-related equipment or
facilities (including clean fuel or alternative-fuel vehicle-related
equipment or facilities) for purposes of complying with or maintaining
compliance with the ADA or CAA. The award recipient must itemize the
cost of specific, discrete, vehicle-related equipment associated with
compliance with ADA or CAA to be eligible for the maximum 90 percent
Federal share for these costs.
Eligible sources of local match include the following: Cash from
non-Government sources other than revenues from providing public
transportation services; revenues derived from the sale of advertising
and concessions; amounts received under a service agreement with a
State or local social service agency or private social service
organization; revenues generated from value capture financing
mechanisms; or funds from an undistributed cash surplus; replacement or
depreciation cash fund or reserve; or new capital. In addition,
transportation development credits or documentation of in-kind match
may substitute for local match if identified in the application.
If an applicant proposes a Federal share greater than 80 percent,
the application must clearly explain why the project is eligible for
the proposed Federal share.
3. Eligible Projects
Under the Grants for Buses and Bus Facilities Program (49 U.S.C.
5339(b)(1)), eligible projects are capital projects to replace,
rehabilitate purchase, or lease buses, vans, and related equipment, and
capital projects to rehabilitate, purchase, construct, or lease bus-
related facilities.
Recipients are permitted to use up to 0.5 percent of their
requested grant award for workforce development activities eligible
under Federal public transportation law (49 U.S.C. 5314(b)) and an
additional 0.5 percent for costs associated with training at the
National Transit Institute, to pay not more than 80 percent of the cost
of eligible activities (see 49 U.S.C. 5314(b)(4) and 49 U.S.C.
5314(c)(4)(A)). Applicants must identify the proposed use of funds for
these activities in the project proposal and identify them separately
in the project budget.
D. Application and Submission Information
1. Address
Applications must be submitted electronically through GRANTS.GOV.
General information for submitting applications through GRANTS.GOV can
be found at https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding along with specific instructions for the forms and
attachments required for submission. Mail and fax submissions will not
be accepted. A complete proposal submission consists of two forms: The
SF-424 Application for Federal Assistance (downloaded from GRANTS.GOV)
and the supplemental form for the FY 2020 Grants for Buses and Bus
Facilities Program (downloaded from GRANTS.GOV or the FTA website at
www.transit.dot.gov/busprogram). Applicants may also attach additional
supporting information. Failure to submit the information as required
can delay or prevent review of the application.
2. Content and Form of Application Submission
A strong transportation network is critical to the functioning and
growth of the American economy. The nation's industry depends on the
transportation network to move the goods that it produces, and
facilitate the movements of the workers who are responsible for that
production. When the nation's highways, railways, and ports function
well, that infrastructure connects people to jobs, increases the
efficiency of delivering goods and thereby cuts the costs of doing
business, reduces the burden of commuting, and improves overall well-
being.
Rural transportation networks play a vital role in supporting our
national economic vitality. Addressing the deteriorating conditions and
disproportionately high fatality rates on our rural transportation
infrastructure is of critical interest to the Department, as rural
transportation networks face unique challenges in safety,
infrastructure condition, and passenger and freight usage. Consistent
with the R.O.U.T.E.S. Initiative, the Department encourages applicants
to consider how the project will address the challenges faced by rural
areas.
A complete proposal submission consists of two forms: The SF-424
Application for Federal Assistance and
[[Page 5540]]
the FY 2020 Grants for Buses and Bus Facilities Program supplemental
form. The supplemental form and any supporting documents must be
attached to the ``Attachments'' section of the SF-424. A complete
application must include responses to all sections of the SF-424
Application for Federal Assistance and the supplemental form, unless
indicated as optional. The information on the supplemental form will be
used to determine applicant and project eligibility for the program,
and to evaluate the proposal against the selection criteria described
in part E of this notice.
FTA will accept only one supplemental form per SF-424 submission.
FTA encourages States and other applicants to consider submitting a
single supplemental form that includes multiple activities to be
evaluated as a consolidated proposal. If a State or other applicant
chooses to submit separate proposals for individual consideration by
FTA, each proposal must be submitted using a separate SF-424 and
supplemental form.
Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to letters of support,
project budgets, fleet status reports or excerpts from relevant
planning documents. Supporting documentation must be described and
referenced by file name in the appropriate response section of the
supplemental form, or it may not be reviewed.
Information such as applicant name, Federal amount requested, local
match amount, description of areas served, etc. may be requested in
varying degrees of detail on both the SF-424 and Supplemental Form.
Applicants must fill in all fields unless stated otherwise on the
forms. Applicants should not place N/A or ``refer to attachment'' in
lieu of typing in responses in the field sections. If information is
copied into the supplemental form from another source, applicants
should verify that pasted text is fully captured on the supplemental
form and has not been truncated by the character limits built into the
form. Applicants should use both the ``Check Package for Errors'' and
the ``Validate Form'' validation buttons on both forms to check all
required fields on the forms, and ensure that the federal and local
amounts specified are consistent.
The SF-424 Mandatory Form and the Supplemental Form will prompt
applicants for the required information, including:
a. Applicant name
b. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
number
c. Key contact information (including contact name, address, email
address, and phone)
d. Congressional district(s) where project will take place
e. Project information (including title, an executive summary, and
type)
f. A detailed description of the need for the project
g. A detailed description on how the project will support the Buses and
Bus Facilities Program's objectives
h. Evidence that the project is consistent with local and regional
planning objectives
i. Evidence that the applicant can provide the local cost share
j. A description of the technical, legal and financial capacity of the
applicant
k. A detailed project budget
l. An explanation of the scalability of the project
m. Details on the local matching funds
n. A detailed project timeline
o. Whether the project impacts an Opportunity Zone
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant is required to: (1) Be registered in SAM before
submitting an application; (2) provide a valid unique entity identifier
in its application; and (3) continue to maintain an active SAM
registration with current information at all times during which the
applicant has an active Federal award or an application or plan under
consideration by FTA. These requirements do not apply if the applicant
has an exemption approved by FTA under Federal grants and agreements
law (2 CFR 25.110(d)). FTA may not make an award until the applicant
has complied with all applicable unique entity identifier and SAM
requirements. If an applicant has not fully complied with the
requirements by the time FTA is ready to make an award, FTA may
determine that the applicant is not qualified to receive an award and
use that determination as a basis for making a Federal award to another
applicant. All applicants must provide a unique entity identifier
provided by SAM. SAM registration takes approximately 3-5 business
days, but FTA recommends allowing ample time, up to several weeks, for
completion of all steps. For additional information on obtaining a
unique entity identifier, please visit www.sam.gov.
4. Submission Dates and Times
Project proposals must be submitted electronically through
GRANTS.GOV by 11:59 p.m. Eastern on March 30, 2020. Mail and fax
submissions will not be accepted.
FTA urges applicants to submit applications at least 72 hours prior
to the due date to allow time to correct any problems that may have
caused either Grants.gov or FTA systems to reject the submission.
Proposals submitted after the deadline will only be considered under
extraordinary circumstances not under the applicant's control.
Deadlines will not be extended due to scheduled website maintenance.
GRANTS.GOV scheduled maintenance and outage times are announced on the
GRANTS.GOV website.
Within 48 hours after submitting an electronic application, the
applicant should receive an email message from GRANTS.GOV with
confirmation of successful transmission to GRANTS.GOV. If a notice of
failed validation or incomplete materials is received, the applicant
must address the reason for the failed validation, as described in the
email notice, and resubmit before the submission deadline. If making a
resubmission for any reason, applicants must include all original
attachments regardless of which attachments were updated and check the
box on the supplemental form indicating this is a resubmission.
Applicants are encouraged to begin the process of registration on
the GRANTS.GOV site well in advance of the submission deadline.
Registration is a multi-step process, which may take several weeks to
complete before an application can be submitted. Registered applicants
may still be required to take steps to keep their registration up to
date before submissions can be made successfully: (1) Registration in
the System for Award Management (SAM) is renewed annually; and, (2)
persons making submissions on behalf of the Authorized Organization
Representative (AOR) must be authorized in GRANTS.GOV by the AOR to
make submissions.
5. Funding Restrictions
Funds under this NOFO cannot be used to reimburse applicants for
otherwise eligible expenses incurred prior to FTA award of a grant
agreement until FTA has issued pre-award authority for selected
projects.
6. Other Submission Requirements
Applicants are encouraged to identify scaled funding options in
case insufficient funding is available to fund a project at the full
requested amount. If an applicant indicates that a project is scalable,
the applicant must provide an appropriate minimum funding
[[Page 5541]]
amount that will fund an eligible project that achieves the objectives
of the program and meets all relevant program requirements. The
applicant must provide a clear explanation of how the project budget
would be affected by a reduced award. FTA may award a lesser amount
whether or not a scalable option is provided.
E. Application Review Information
FTA will evaluate project proposals for the Grants for Buses and
Bus Facilities Program based on the criteria described in this notice.
Projects will be evaluated primarily on the responses provided in the
supplemental form. Additional information may be provided to support
the responses; however, any additional documentation must be directly
referenced on the supplemental form, including the file name where the
additional information can be found.
Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department recognizes that rural
transportation networks face unique challenges. To the extent that
those challenges are reflected in the merit criteria listed in this
section, the Department will consider how the activities proposed in
the application will address those challenges, regardless of the
geographic location of those activities.
1. Demonstration of Need
Applications will be evaluated based on the quality and extent to
which they demonstrate how the proposed project will address an unmet
need for capital investment in bus vehicles and/or supporting
facilities. For example, an applicant may demonstrate an excessive
reliance on vehicles that are beyond their intended service life,
insufficient maintenance facilities due to size or condition, a vehicle
fleet that is insufficient to meet current ridership demands or
passenger facilities that are insufficient for their current use.
Applicants should address whether the project represents a one-time or
periodic need that cannot reasonably be funded from FTA formula program
allocations and State or local resources. As a part of the response for
demonstration of need, applicants should provide the following
information:
a. For bus projects (replacement, rehabilitation or expansion):
Applicants must provide information on the age, condition and
performance of the asset(s) to be replaced or rehabilitated by the
proposed project. For service expansion requests, applicants must
provide information on the proposed service expansion and the benefits
for transit riders and the community from the new service. For all
vehicle projects, the proposal must address how the project conforms to
FTA's spare ratio guidelines.
b. For bus facility and equipment projects (replacement,
rehabilitation and/or expansion): Applicants must provide information
on the age and condition of the asset to be rehabilitated or replaced
relative to its minimum useful life.
2. Demonstration of Benefits
Applications will be evaluated based on how well they describe how
the proposed project will improve the condition of the transit system,
improve the reliability of transit service for its riders, enhance
access and mobility within the service area, or accelerate innovation.
System Condition: FTA will evaluate the potential for the project
to improve the condition of the transit system by repairing and/or
replacing assets that are in poor condition or have surpassed their
minimum or intended useful life benchmarks, lowering the average age of
vehicles in the fleet and/or reducing the cost of maintaining outdated
vehicles, facilities and equipment.
Service Reliability: FTA will evaluate the potential for the
project to reduce the frequency of breakdowns or other service
interruptions caused by the age and condition of the agency's bus
fleet. Applicants should document their current service reliability
metrics and benchmark goals, including their strategy for improving
reliability with or without the award of Bus and Bus Facilities Program
funds.
Enhanced Access and Mobility: FTA will evaluate the potential for
the project to improve access and mobility for the transit riding
public, such as through increased reliability, improved headways,
creation of new transportation choices or eliminating gaps in the
current route network. Proposed benefits should be based on documented
ridership demand and be well-described or documented through a study or
route planning proposal.
Accelerating Innovation: FTA will evaluate the potential for the
project to accelerate the introduction of innovative technologies or
practices such as integrated fare payment systems permitting complete
trips or advancements to propulsion systems. Innovation can also
include practices such as new public transportation operational models,
financial or procurement arrangements, or value capture.
3. Planning and Local/Regional Prioritization
Applicants must demonstrate how the proposed project will be
consistent with local and regional long-range planning documents and
local government priorities. This will involve assessing whether the
project is consistent with the transit priorities identified in the
long range plan; and/or contingency/illustrative projects included in
that plan; or the locally developed human services public
transportation coordinated plan. Applicants are not required to submit
copies of such plans, but should describe how the project will support
regional goals. Additional consideration will be given to applications
including support letters from local and regional planning
organizations, local government officials, public agencies and/or non-
profit or private sector partners attesting to the consistency of the
proposed project with these plans. Applicants may also address how the
proposed project will impact overall system performance, asset
management performance or specific performance measures tracked and
monitored by the applying entity to demonstrate how the proposed
project will address local and regional planning priorities.
Evidence of additional local or regional prioritization (i.e.,
Statewide Transportation Improvement Plan and Long Range Transportation
Plan) should include letters of support for the project from local
government officials, public agencies (i.e., Metropolitan Planning
Organizations) and non-profit or private sector partners.
4. Local Financial Commitment
Applicants must identify the source of the local cost share and
describe whether such funds are currently available for the project or
will need to be secured if the project is selected for funding. FTA
will consider the availability of the local cost share as evidence of
local financial commitment to the project. Additional consideration
will be given to those projects for which local funds have already been
made available or reserved. Applicants should submit evidence of the
availability of funds for the project, for example by including a board
resolution, letter of support from the State or other documentation of
the source of local funds such as a budget document highlighting the
line item or section committing funds to the proposed project. In
addition, as evidence of local financial commitment, an applicant may
propose a local cost share that is greater than the minimum
requirement.
[[Page 5542]]
Additional consideration will be given to those projects that propose a
larger percentage of local cost share.
5. Project Implementation Strategy
Projects will be evaluated based on the extent to which the project
is ready to implement within a reasonable period of time and whether
the applicant's proposed implementation plans are reasonable and
complete.
In assessing whether the project is ready to implement within a
reasonable period of time, FTA will consider whether the project
qualifies for a Categorical Exclusion, or whether the required
environmental work has been initiated or completed for projects that
require an Environmental Assessment or Environmental Impact Statement
under the National Environmental Policy Act of 1969 (NEPA), as amended.
As such, applicants should submit information describing the project's
anticipated path and timeline through the environmental review process.
The proposal must also state whether grant funds can be obligated
within 12 months from time of award, if selected, and indicate the
timeframe under which the Metropolitan Transportation Improvement
Program and/or Statewide Transportation Improvement Program can be
amended to include the proposed project. Additional consideration will
be given to projects for which grant funds can be obligated within 12
months from time of award.
In assessing whether the proposed implementation plans are
reasonable and complete, FTA will review the proposed project
implementation plan, including all necessary project milestones and the
overall project timeline. For projects that will require formal
coordination, approvals or permits from other agencies or project
partners, the applicant must demonstrate coordination with these
organizations and their support for the project, such as through
letters of support.
6. Technical, Legal and Financial Capacity
Applicants must demonstrate that they have the technical, legal and
financial capacity to undertake the project. FTA will review relevant
oversight assessments and records to determine whether there are any
outstanding legal, technical or financial issues with the applicant
that would affect the outcome of the proposed project. Applicants with
outstanding legal, technical or financial compliance issues from an FTA
compliance review or Federal Transit grant-related Single Audit finding
must explain how corrective actions taken will mitigate negative
impacts on the proposed project.
F. Review and Selection Process Information
In addition to other FTA staff that may review the proposals, a
technical evaluation committee will evaluate proposals based on the
published evaluation criteria. After applying the above criteria, the
FTA Administrator will consider the following key Departmental
objectives:
(A) Supporting economic vitality at the national and regional
level;
(B) Utilizing alternative funding sources and innovative financing
models to attract non-Federal sources of infrastructure investment;
(C) Accounting for the life-cycle costs of the project to promote
the state of good repair;
(D) Using innovative approaches to improve safety and expedite
project delivery; and
(E) Holding grant recipients accountable for their performance and
achieving specific, measurable outcomes identified by grant applicants.
Prior to making an award, FTA is required to review and consider
any information about the applicant that is in the Federal Awardee
Performance and Integrity Information Systems (FAPIIS) accessible
through SAM. An applicant, may review and comment on information about
itself that a Federal awarding agency previously entered.
The FTA Administrator will determine the final selection of
projects for program funding. In determining the allocation of program
funds, FTA may consider geographic diversity, diversity in the size of
the transit systems receiving funding, the applicant's receipt of other
competitive awards, projects located in or that support public
transportation service in a qualified opportunity zone designated
pursuant to 26 U.S.C. 1400Z-1, the percentage of local share provided,
and whether the project includes an innovative technology or practice.
Not less than 10 percent of the Buses and Bus Facilities Program funds
will be distributed to projects in rural areas. In addition, FTA will
not award more than 10 percent of the funds to a single grantee.
G. Federal Award Administration Information
1. Federal Award Notice
Final project selections will be posted on the FTA website. FTA
will also publish a list of the selected projects, a summary of final
ratings for selected projects, Federal award amounts and recipients in
the Federal Register. Selected recipients should contact their FTA
regional offices for additional information regarding allocations for
projects under the Grants for Buses and Bus Facilities Program.
At the time the project selections are announced, FTA will extend
pre-award authority for the selected projects. There is no blanket pre-
award authority for these projects before announcement.
2. Award Administration
Funds under the Grants for Buses and Bus Facilities Program are
available to designated recipients that allocate funds to fixed route
bus operators, state or local governmental entities that operate fixed
route bus service, and Indian tribes. There is no minimum or maximum
grant award amount apart from the restriction that FTA will not award
more than ten percent of the funds to a single grantee; however, FTA
intends to fund as many meritorious projects as possible. Only
proposals from eligible recipients for eligible activities will be
considered for funding. Due to funding limitations, proposals that are
selected for funding may receive less than the amount originally
requested. In those cases, applicants must be able to demonstrate that
the proposed projects are still viable stand-alone projects that can be
completed with the amount awarded.
3. Administrative and National Policy Requirements
a. Pre-Award Authority
The FTA will issue specific guidance to recipients regarding pre-
award authority at the time of selection. The FTA does not provide pre-
award authority for competitive funds until projects are selected and
even then there are Federal requirements that must be met before costs
are incurred. For more information about FTA's policy on pre-award
authority, please see the FY 2019 Apportionment Notice published on
July 3, 2019 which can be accessed at https://www.govinfo.gov/content/pkg/FR-2019-07-03/pdf/2019-14248.pdf.
b. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). Recipients of Grants for Buses and Bus
Facilities Program funding in urban areas are subject to the grant
requirements of the Urbanized Area Formula Grant program (49 U.S.C.
5307), including those of FTA Circular ``Urbanized Area Formula
Program: Program Guidance and Application
[[Page 5543]]
Instructions'' (FTA.C.9030.1E). Recipients of funding in rural areas
are subject to the grant requirements of the Formula Grants for Rural
Areas Program (49 U.S.C. 5311), including those of FTA Circular
``Formula Grants for Rural Areas: Program Guidance and Application
Instructions'' (FTA.C.9040.1G). All recipients must follow the Award
Management Requirements (FTA.C.5010.1E), and the labor protections
required by Federal public transportation law (49 U.S.C. 5333(b)).
Technical assistance regarding these requirements is available from
each FTA regional office.
c. Buy America and Strengthening Buy-American Preferences for
Infrastructure Projects
The FTA requires that all capital procurements meet FTA's Buy
America requirements (49 U.S.C. 5323(j)), which require that all iron,
steel, or manufactured products be produced in the United States, to
help create and protect manufacturing jobs in the United States. The
Grants for Buses and Bus Facilities Program will have a significant
economic impact toward meeting the objectives of the Buy America law.
Federal public transportation law provides for a phased increase in the
domestic content for rolling stock. For FY 2020 and beyond, the cost of
components and subcomponents produced in the United States must be more
than 70 percent of the cost of all components. There is no change to
the requirement that final assembly of rolling stock must occur in the
United States. FTA issued guidance on the implementation of the phased
increase in domestic content on September 1, 2016 (81 FR 60278). Any
proposal that will require a waiver must identify in the application
the items for which a waiver will be sought. Applicants should not
proceed with the expectation that waivers will be granted, nor should
applicants assume that selection of a project under the Grants for
Buses and Bus Facilities Program that includes a partnership with a
manufacturer, vendor, consultant, or other third party constitutes a
waiver of the Buy America requirements applicable at the time the
project is undertaken.
Consistent with Executive Order 13858 Strengthening Buy-American
Preferences for Infrastructure Projects, signed by President Trump on
January 31, 2019, applicants should maximize the use of goods,
products, and materials produced in the United States, in Federal
procurements and through the terms and conditions of Federal financial
assistance awards.
d. Disadvantaged Business Enterprise
FTA requires that its recipients receiving planning, capital and/or
operating assistance that will award prime contracts exceeding $250,000
in FTA funds comply with the Disadvantaged Business Enterprise (DBE)
program regulations (49 CFR part 26). The rule requires that, prior to
bidding on any FTA-assisted vehicle procurement, entities that
manufacture vehicles or perform post-production alterations or
retrofitting must submit a DBE Program plan and annual goal methodology
to FTA. Further, to the extent that a vehicle remanufacturer is
responding to a solicitation for new or remanufactured vehicles with a
vehicle to which the remanufacturer has provided post-production
alterations or retro-fitting (e.g., replacing major components such as
engine to provide a ``like new'' vehicle), the vehicle remanufacturer
is considered a transit vehicle manufacturer and must also comply with
the DBE regulations.
FTA will then issue a transit vehicle manufacturer (TVM)
concurrence/certification letter. Grant recipients must verify each
entity's compliance with these requirements before accepting its bid. A
list of compliant, certified TVMs is posted on FTA's website at
www.transit.dot.gov/TVM. Please note that this list is nonexclusive and
recipients must contact FTA before accepting bids from entities not
listed on this Web posting. Recipients may also establish project-
specific DBE goals for vehicle procurements. FTA will provide
additional guidance as grants are awarded. For more information on DBE
requirements, please contact Scheryl Portee, the Office of the Chief
Counsel, at 202-366-0840, email: scheryl.portee@dot.gov.
e. Planning
FTA encourages applicants to notify the appropriate State
Departments of Transportation and MPOs in areas likely to be served by
the project funds made available under this program. Selected projects
must be incorporated into the long-range plans and transportation
improvement programs of States and metropolitan areas before they are
eligible for FTA funding.
f. Standard Assurances
By submitting a grant application, the applicant assures that it
will comply with all applicable federal statutes, regulations,
executive orders, directives, FTA circulars and other federal
administrative requirements in carrying out any project supported by
the FTA grant. Further, the applicant acknowledges that it is under a
continuing obligation to comply with the terms and conditions of the
grant agreement issued for its project with FTA. The applicant
understands that Federal laws, regulations, policies and administrative
practices might be modified from time to time and may affect the
implementation of the project. The applicant agrees that the most
recent Federal requirements will apply to the project, unless FTA
issues a written determination otherwise. The applicant must submit the
Certifications and Assurances before receiving a grant, if it does not
have current certifications on file.
g. Reporting
Post-award reporting requirements include the electronic submission
of Federal Financial Reports and Milestone Progress Reports in FTA's
electronic grants management system. Recipients of funds made available
through this NOFO are also required to regularly submit data to the
National Transit Database.
H. Technical Assistance and Other Program Information
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.'' FTA will consider
applications for funding only from eligible recipients for eligible
projects listed in Section C. Complete applications must be submitted
through GRANTS.GOV by 11:59 p.m. Eastern time on March 30, 2020. For
assistance with GRANTS.GOV please contact GRANTS.GOV by phone at 1-800-
518-4726 or by email at support@grants.gov. Contact information for
FTA's regional offices can be found on FTA's website at https://www.transit.dot.gov/about/regional-offices/regional-offices.
I. Federal Awarding Agency Contacts
For further information concerning this notice, please contact the
Grants for Buses and Bus Facilities Program manager, Mark Bathrick, via
email at mark.bathrick@dot.gov or by phone at 202-366-9955. A TDD is
available for individuals who are deaf or hard of hearing at 800-877-
8339. In addition, FTA will post answers to questions and requests for
clarifications on FTA's website at http://transit.dot.gov/busprogram.
FTA staff will also conduct a webinar for potential applicants to learn
more about the program and submittal process.
To ensure the receipt of accurate information about eligibility or
the program, applicants with questions are encouraged to contact FTA
directly,
[[Page 5544]]
rather than through intermediaries or third parties.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2020-01614 Filed 1-29-20; 8:45 am]
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