Fiscal Year 2021 Competitive Funding Opportunity; Grants for Buses and Bus Facilities Program

Published date20 September 2021
Citation86 FR 52291
Record Number2021-20203
SectionNotices
CourtFederal Transit Administration
Federal Register, Volume 86 Issue 179 (Monday, September 20, 2021)
[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
                [Notices]
                [Pages 52291-52296]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-20203]
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                DEPARTMENT OF TRANSPORTATION
                Federal Transit Administration
                Fiscal Year 2021 Competitive Funding Opportunity; Grants for
                Buses and Bus Facilities Program
                AGENCY: Federal Transit Administration (FTA), Department of
                Transportation (DOT).
                ACTION: Notice of Funding Opportunity (NOFO).
                -----------------------------------------------------------------------
                SUMMARY: The Federal Transit Administration (FTA) announces the
                opportunity to apply for approximately $409.59 million in fiscal year
                (FY) 2021 funds under the Grants for Buses and Bus Facilities Program
                (Federal Assistance Listing #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 November
                19, 2021. 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 2021-008-TPM-Bus. Mail and fax
                submissions will not be accepted.
                FOR FURTHER INFORMATION CONTACT: Thomas Wilson, FTA Office of Program
                Management, 202-366-5279, or [email protected].
                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
                A. Program Description
                 Federal public transportation law (49 U.S.C. 5339(b)) authorizes
                FTA to award grants for the Grants for Buses and Bus Facilities Program
                through a competitive process, as described in this notice. Grants
                under this program are for capital projects to replace, rehabilitate,
                purchase, or lease buses and related equipment, or to rehabilitate,
                purchase, construct, or lease bus-related facilities.
                 FTA will evaluate projects based on how they will address
                significant repair and maintenance needs and improve the safety of
                transit systems through timely and efficient investment in public
                transportation. FTA may prioritize projects that support FTA's
                strategic goals and objectives.
                 This program supports President Biden's Build Back Better
                initiative to mobilize American ingenuity to build a modern
                infrastructure and an equitable, clean energy future. In addition, this
                NOFO will advance the goals of the President's January 27, 2021,
                Executive Order 14008, Tackling the Climate Crisis at Home and Abroad,
                and has the potential to enhance environmental stewardship and
                community partnerships, consistent with the goals of Executive Order
                13985, Advancing Racial Equity and Support for Underserved Communities
                Through the Federal Government.
                B. Federal Award Information
                 Federal public transportation law (49 U.S.C. 5338(a)(2)(M))
                authorizes $289,044,179 in FY 2021 funds for the Grants for Buses and
                Bus Facilities Program. The Consolidated Appropriations Act, 2021,
                appropriated an additional $125,000,000 for the Grants for Buses and
                Bus Facilities Program. After the mandatory oversight takedown of
                $4,455,331, FTA is announcing the availability of $409,588,848 for the
                Grants for Buses and Bus Facilities Program through this notice. In FY
                2020, the program received applications for 282 projects requesting a
                total of $1.8 billion. Ninety-six projects were funded at a total of
                $464 million.
                 As required by Federal public transportation law at 49 U.S.C.
                5339(b)(5), 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. As required by 49 U.S.C. 5339(b)(8), no single
                grant recipient will be awarded more than 10 percent of the amount made
                available. FTA may further cap the amount a single recipient or State
                may receive as part of the selection process. There is no minimum grant
                award amount. FTA intends to fund as many meritorious projects as
                possible.
                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 to 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 also may 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 non-Federal amount must be at least 20 percent of the
                net project cost, not 20 percent of the requested grant amount), unless
                any of the following exceptions applies:
                 The maximum Federal share is 85 percent of the net project cost of
                [[Page 52292]]
                acquiring vehicles (including clean-fuel or alternative fuel vehicles)
                for purposes of complying with or maintaining compliance with the Clean
                Air Act (CAA) or the Americans with Disabilities Act (ADA) of 1990.
                 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 CAA or ADA. The award recipient must itemize the
                cost of specific, discrete, vehicle-related equipment associated with
                compliance with the CAA or ADA to be eligible for the maximum 90
                percent Federal share for these costs.
                 Eligible sources of non-Federal 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 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 cash 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
                 Eligible projects are capital projects to replace, rehabilitate,
                purchase, or lease buses, vans, or related equipment; or to
                rehabilitate, purchase, construct, or lease bus-related facilities. A
                single application may include both vehicle and facility components,
                along with associated equipment and workforce development activities.
                 Recipients are permitted to use up to 0.5 percent of their
                requested grant award for workforce development activities eligible
                under Federal public transportation law (49 U.S.C. 5314(b)) 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 such activities (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 To Request Application Package
                 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 2021 Grants for Buses and Bus Facilities
                Program (downloaded from GRANTS.GOV or the FTA website at
                www.transit.dot.gov/busprogram).
                2. Content and Form of Application Submission
                 Application submissions must include both the SF-424 Application
                for Federal Assistance and the FY 2021 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.
                 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.
                 A complete application must include responses to all sections of
                the SF-424 Application for Federal Assistance and the supplemental
                form, unless designated as optional. The information on the
                supplemental form will be used to determine applicant and project
                eligibility for the program, and to evaluate the proposal against the
                selection criteria described in part E of this notice. Information such
                as applicant name, Federal amount requested, local match amount, and
                description of areas served may be requested in varying degrees of
                detail on both the SF-424 and the 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 non-Federal amounts
                specified are consistent.
                 The SF-424 Mandatory Form and the Supplemental Form will prompt
                applicants for information including:
                 Applicant name
                 Unique Entity Identifier/Dun and Bradstreet (D&B) Data
                Universal Numbering System (DUNS) number
                 Key contact information (including contact name, address,
                email address, and phone)
                 A description, both quantative and qualitative, of the area
                and population served by the applicant, including ridership demographic
                information and the type of service provided
                 Congressional district(s) where project will take place
                 Project information (including title, an executive summary,
                and type)
                 A detailed description of the need for the project
                 A detailed description on how the project will support the
                Buses and Bus Facilities Program's objectives
                 Evidence that the project is consistent with local and
                regional planning objectives
                 Evidence that the applicant can provide the local cost share
                 A description of the technical, legal and financial capacity
                of the applicant
                 A detailed project budget
                 An explanation of the scalability of the project
                 Details on the local matching funds
                 A detailed project timeline
                 Failure to submit the information as requested can delay review or
                disqualify the application.
                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. FTA may not make an award until the applicant has
                complied with all applicable unique entity identifier and SAM
                requirements. If an applicant
                [[Page 52293]]
                has not fully complied with the requirements by the time FTA is ready
                to make an award, FTA may determine that the applicant is not qualified
                to receive an award and use that determination as a basis for making a
                Federal award to another applicant. These requirements do not apply if
                the applicant: (1) Is an individual, per 2 CFR 25.110(b); or (2) has an
                exception approved by FTA or the U.S. Office of Management and Budget
                under 2 CFR 25.110(c) or (d). 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 November 19, 2021. 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 be considered only 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
                 Refer to Section C.3., Eligible Projects, for information on
                activities that are allowable in this grant program. Allowable direct
                and indirect expenses must be consistent with the Governmentwide
                Uniform Administrative Requirements and Cost Principles (2 CFR part
                200) and FTA Circular 5010.1E.
                 Funds awarded under this notice cannot be used to reimburse
                applicants for expenses incurred prior to the pre-award authority
                effective date. FTA will issue pre-award authority to incur costs for
                selected projects beginning on the date that project selections are
                announced. FTA does not provide pre-award authority for competitive
                funds until projects are selected, and even then there are Federal
                requirements that must be met before costs are incurred. FTA will issue
                specific guidance to awardees regarding pre-award authority at the time
                of selection. For more information about FTA's policy on pre-award
                authority, please see the most recent Apportionment Notice on FTA's
                website.
                 Funds awarded under this notice will remain available for
                obligation for three Federal fiscal years, not including the year in
                which the funds are allocated to projects.
                6. Other Submission Requirements
                 All applications must be submitted via the Grants.Gov website. FTA
                does not accept applications on paper, by fax machine, by email, or
                other means. For information on application submission requirements,
                please see Section D.1., Address to Request Application Package.
                E. Application Review Information
                1. Criteria
                 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.
                 Applicants are encouraged to identify scaled funding options in
                case insufficient funding is available to fund a project at the full
                requested amount. If an applicant indicates that a project is scalable,
                the applicant must provide an appropriate minimum funding amount that
                will fund an eligible project that achieves the objectives of the
                program and meets all relevant program requirements. The applicant must
                provide a clear explanation of how the project budget would be affected
                by a reduced award. FTA may award a lesser amount whether or not a
                scalable option is provided.
                 If an applicant is proposing to acquire autonomous vehicles or
                other innovative motor vehicle technology, the application should
                demonstrate that all vehicles will comply with applicable safety
                requirements, including those administered by the National Highway
                Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety
                Administration (FMCSA). Specifically, the application should show that
                vehicles acquired will comply with applicable Federal Motor Vehicle
                Safety Standards (FMVSS) and Federal Motor Carrier Safety Regulations
                (FMCSR). If the vehicles may not comply, the application should either
                (1) show that the vehicles and their proposed operations are within the
                scope of an exemption or waiver that has already been granted by NHTSA,
                FMCSA, or both agencies or (2) directly address whether the acquisition
                will require exemptions or waivers from the FMVSS, FMCSR, or any other
                regulation and, if the acquisition will require exemptions or waivers,
                present a plan for obtaining them.
                a. 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 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.
                 For bus projects (replacement, rehabilitation or expansion):
                Applicants must provide information on the age
                [[Page 52294]]
                and mileage, condition, and performance of the assets to be replaced or
                rehabilitated by the proposed project. For service expansion requests,
                applicants must provide information on the proposed service expansion
                and for the reason that transit riders and the community need the new
                service. For all vehicle projects, the proposal must address how the
                project conforms to FTA's spare ratio guidelines.
                 For bus facility and equipment projects (replacement,
                rehabilitation, or expansion): Applicants must provide information on
                the age and condition of the asset to be rehabilitated or replaced
                relative to its useful life. For expansion requests, applicants must
                provide information on the proposed expansion and the reason that
                transit riders and the community need the expansion.
                b. Demonstration of Benefits
                 Applications will be evaluated based on how well they describe how
                the proposed project will improve the condition of, or otherwise
                modernize, the transit system; improve the reliability of transit
                service for its riders; or enhance access and mobility within the
                service area.
                 System Condition: FTA will evaluate the potential for the project
                to improve the condition of the transit system by repairing or
                replacing assets that are in poor condition or have surpassed their
                minimum or intended useful life benchmarks, lowering the average age of
                vehicles in the fleet, 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.
                c. Planning and Local and 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, contingency or 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.
                 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 (e.g.,
                Statewide Transportation Improvement Plan and Long Range Transportation
                Plan) should include letters of support for the project from local
                government officials, public agencies (e.g., Metropolitan Planning
                Organizations), or non-profit or other private sector partners.
                d. Financial Commitment
                 Applicants must identify the source of the non-Federal cost share
                and describe whether such funds are currently available for the project
                or will need to be secured if the project is selected for funding. FTA
                will consider the availability of the non-Federal cost share as
                evidence of financial commitment to the project. Additional
                consideration will be given to those projects for which non-Federal
                funds have already been made available or reserved. Applicants should
                submit evidence of the availability of funds for the project, for
                example by including a board resolution, letter of support from the
                State, a budget document highlighting the line item or section
                committing funds to the proposed project, or other documentation of the
                source of non-Federal funds.
                e. Project Implementation Strategy
                 Projects will be evaluated based on the extent to which the project
                is ready to implement within a reasonable period of time and whether
                the applicant's proposed implementation plans are reasonable and
                complete.
                 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 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, and indicate the timeframe under
                which the Metropolitan Transportation Improvement Program 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 of the 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.
                f. Technical, Legal, and Financial Capacity
                 Applicants must demonstrate that they have the technical, legal,
                and financial capacity to undertake the project. FTA will review
                relevant oversight assessments and records to determine whether there
                are any outstanding legal, technical or financial issues with the
                applicant that would affect the outcome of the proposed project.
                Applicants with outstanding legal, technical or financial compliance
                issues from an FTA compliance review or Federal Transit grant-related
                Single Audit finding must explain how corrective actions taken will
                mitigate negative impacts on the proposed project.
                2. Review and Selection Process
                 In addition to other FTA staff that may review the proposals, a
                technical evaluation committee will perform an administrative and merit
                evaluation of proposals based on the published evaluation criteria.
                Members of the technical evaluation committee and other FTA staff may
                request additional information from applicants, if necessary.
                 After applying the above criteria, and in support of Executive
                Order 14008, FTA will give priority consideration to projects that
                support the government-
                [[Page 52295]]
                wide Justice40 Initiative with the goal of delivering 40 percent of the
                overall benefits of relevant Federal investments to disadvantaged
                communities. For the purposes of the Justice40 Initiative, a community
                is either a group of individuals living in geographic proximity to one
                another, or a geographically dispersed set of individuals (such as
                migrant workers or Native Americans), where either type of group
                experiences common conditions. Furthermore, to determine whether a
                specific community is disadvantaged, factors include, but are not
                limited to, the following variables: Low income, high and/or persistent
                poverty; high unemployment and underemployment; racial and ethnic
                segregation; linguistic isolation; high housing cost burden and
                substandard housing; distressed neighborhoods; high transportation cost
                burden and/or low transportation access; transit dependency associated
                with income, disability, or lack of access to a private automobile;
                disproportionate environmental burden and high cumulative impacts;
                limited water and sanitation access and affordability; disproportionate
                climate impacts; and high energy cost burden and low energy access. If
                a project supports the Justice40 Initiative, the applicant should state
                the community definition used, including ridership demographic
                information relevant to the Justice40 definition of disadvantaged
                community, the variable(s) considered, and what immediate and long-term
                benefits will be provided by the project request. In support of the
                Justice40 Initiative, the applicant also should provide evidence of
                strategies that the applicant has used in the planning process to seek
                out and consider the needs of those traditionally disadvantaged and
                underserved by existing transportation systems, such as low-income and
                minority households. Examples should include, the number of meetings
                held, including a description of the audience of each meeting and
                documentation for how the input was considered for the proposed
                project. Applicants are encouraged to contact FTA if they have any
                questions or feedback on the implementation of the Justice40
                Initiative.
                 In further support of Executive Order 14008, FTA will give priority
                consideration to applications that are expected to create significant
                community benefits relating to the environment, including those
                projects that incorporate low or no emission technology or specific
                elements to address greenhouse gas emissions and climate change
                impacts. FTA encourages applicants to demonstrate whether they have
                considered climate change and environmental justice in terms of the
                transportation planning process or anticipated design components with
                outcomes that address climate change (e.g., resilience or adaptation
                measures). The application should describe what specific climate change
                or environmental justice activities have been incorporated, including
                whether a project supports a Climate Action Plan, whether an equitable
                development plan has been prepared, and whether tools such as EPA's
                EJSCREEN have been applied in project planning. The application should
                also describe specific and direct ways the project will mitigate or
                reduce climate change impacts including any components that reduce
                emissions, promote energy efficiency, incorporate electrification or
                low emission or zero emission vehicle infrastructure, increase
                resiliency, or recycle or redevelop existing infrastructure.
                 FTA also will give priority consideration to applications that
                encourage racial equity in two areas: (1) Planning and policies related
                to racial equity and overcoming barriers to opportunity; and (2)
                project investments that either proactively address racial equity and
                barriers to opportunity, including automobile dependence as a form of
                barrier, or redress prior inequities and barriers to opportunity. This
                objective has the potential to enhance environmental stewardship and
                community partnerships, and reflects Executive Order 13985, Advancing
                Racial Equity and Support for Underserved Communities Through the
                Federal Government.
                 FTA encourages the applicant to include sufficient information to
                evaluate how the applicant will advance racial equity and address
                barriers to opportunity. The applicant should describe any
                transportation plans or policies related to racial equity and barriers
                to opportunity they are implementing or have implemented in relation to
                the proposed project, along with the specific project investment
                details necessary for FTA to evaluate if the investments are being made
                either proactively to advance racial equity and address barriers to
                opportunity or redress prior inequities and barriers to opportunity.
                All project investment costs for the project that are related to racial
                equity and barriers to opportunity should be summarized.
                 In determining the allocation of program funds, FTA may consider
                geographic diversity, diversity in the size of the transit systems
                receiving funding, and the applicant's receipt of other competitive
                awards.
                 Due to funding limitations, projects that are selected for funding
                may receive less than the amount originally requested, even if an
                application did not present a scaled project option. In those cases,
                applicants must be able to demonstrate that the proposed projects are
                still viable and can be completed with the amount awarded.
                3. Integrity and Performance Review
                 Prior to making an award, FTA is required to review and consider
                any information about the applicant that is in the Federal Awardee
                Performance and Integrity Information Systems (FAPIIS) accessible
                through SAM. An applicant may review and comment on information about
                itself that a Federal awarding agency previously entered. FTA will
                consider any comments by the applicant, in addition to the other
                information in FAPIIS, in making a judgment about the applicant's
                integrity, business ethics, and record of performance under Federal
                awards when completing the review of risk posed by applicants as
                described in 2 CFR 200.206.
                F. Federal Award Administration Information
                1. Federal Award 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.
                2. Administrative and National Policy Requirements
                a. Grant Requirements
                 If selected, awardees will apply for a grant through FTA's Transit
                Award Management System (TrAMS). Recipients of 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 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
                [[Page 52296]]
                Application Instructions'' (FTA.C.9040.1G). All recipients must accept
                the FTA Master Agreement and follow FTA Circular ``Award Management
                Requirements'' (FTA.C.5010.1E) and the labor protections required by
                Federal public transportation law (49 U.S.C. 5333(b)). Technical
                assistance regarding these requirements is available from each FTA
                regional office.
                 By submitting a grant application, the applicant assures that it
                will comply with all applicable Federal statutes, regulations,
                executive orders, directives, FTA circulars and other Federal
                administrative requirements in carrying out any project supported by
                the FTA grant. 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.
                b. Buy America and Domestic Preferences for Infrastructure Projects
                 All capital procurements must comply with FTA's Buy America
                requirements (49 U.S.C. 5323(j)), which require that all iron, steel,
                and manufactured products be produced in the United States, and imposes
                minimum domestic content and final assembly requirements for rolling
                stock. The cost of components and subcomponents produced in the United
                States must be more than 70 percent of the cost of all components, and
                final assembly of rolling stock must occur in the United States. Any
                proposal that will require a waiver must identify the items for which a
                waiver will be sought in the application. Applicants should not proceed
                with the expectation that waivers will be granted.
                c. Disadvantaged Business Enterprise
                 Recipients of planning, capital, or operating assistance that will
                award prime contracts (excluding transit vehicle purchases), the
                cumulative total of which exceeds $250,000 in FTA funds in a Federal
                fiscal year, must comply with the Disadvantaged Business Enterprise
                (DBE) program regulations (49 CFR part 26).
                 To be eligible to bid on any FTA-assisted vehicle procurement,
                entities that manufacture transit vehicles or perform post-production
                alterations or retrofitting must be certified Transit Vehicle
                Manufacturers (TVM). If a vehicle remanufacturer is responding to a
                solicitation for new or remanufactured vehicles with a vehicle to which
                the remanufacturer has provided post-production alterations or retro-
                fitting (e.g., replacing major components such as engine to provide a
                ``like new'' vehicle), the vehicle remanufacturer must be a certified
                TVM.
                 The TVM rule requires that, prior to bidding on any FTA-assisted
                vehicle procurement, manufacturers of transit vehicles submit a DBE
                Program plan and annual goal methodology to FTA. FTA then will issue a
                TVM concurrence and certification letter. Grant recipients must verify
                each manufacturer's 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. Recipients should contact FTA before
                accepting a bid from a manufacturer not listed on this Web posting. In
                lieu of using a certified TVM, a recipient may establish project-
                specific DBE goals for its vehicle procurement. FTA will provide
                additional guidance as grants are awarded. For more information on DBE
                requirements, please contact Monica McCallum, Office of Civil Rights,
                206-220-7519, email: [email protected].
                d. Planning
                 FTA encourages applicants to notify the appropriate State
                Departments of Transportation and Metropolitan Planning Organizations
                (MPOs) in areas likely to be served by the project funds made available
                under this program. Selected projects must be incorporated into the
                long-range plans and transportation improvement programs of States and
                metropolitan areas before they are eligible for FTA funding.
                3. Reporting
                 Post-award reporting requirements include the electronic submission
                of Federal Financial Reports and Milestone Progress Reports in FTA's
                electronic grants management system. Recipients of funds made available
                through this NOFO are also required to regularly submit data to the
                National Transit Database. Applicant should include any goals, targets,
                and indicators referenced in their application to the project in the
                Executive Summary of the TrAMS application.
                 As part of completing the annual certifications and assurances
                required of FTA grant recipients, a successful applicant must report on
                the suspension or debarment status of itself and its principals.
                 If the award recipient's active grants, cooperative agreements, and
                procurement contracts from all Federal awarding agencies exceeds
                $10,000,000 for any period of time during the period of performance of
                an award made pursuant to this Notice, the recipient must maintain the
                currency of information reported to the System for Award Management
                (SAM) 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 in connection with the award or performance
                of a grant, cooperative agreement, or procurement contract from the
                Federal Government. See Appendix XII to 2 CFR part 200 for more
                information.
                G. Federal Awarding Agency Contacts
                 For further information concerning this notice, please contact the
                Grants for Buses and Bus Facilities Program manager, Thomas Wilson, via
                email at [email protected] or by phone at 202-366-5279. 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.
                In support of the President's Justice40 Initiative, FTA staff will also
                conduct a webinar for potential applicants to learn more about the
                program, provide stakeholder engagement, and review the application
                submittal process. All interested stakeholders with questions regarding
                the implementation of the Justice40 Initiative in the Grants for Buses
                and Bus Facilities Competitive Program are encouraged to contact Thomas
                Wilson.
                 To ensure the receipt of accurate information about eligibility or
                the program, applicants with questions are encouraged to contact FTA
                directly, rather than through intermediaries or third parties.
                H. Other Information
                 This program is not subject to Executive Order 12372,
                ``Intergovernmental Review of Federal Programs.''
                Nuria I. Fernandez,
                Administrator.
                [FR Doc. 2021-20203 Filed 9-17-21; 8:45 am]
                BILLING CODE P
                

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