Notice of Funding Opportunity for the Department of Transportation's National Infrastructure Investments Under the Consolidated Appropriations Act, 2019
| Published date | 23 April 2019 |
| Citation | 84 FR 16933 |
| Record Number | 2019-08137 |
| Section | Notices |
| Court | The Secretary Of Transportation Office |
Federal Register, Volume 84 Issue 78 (Tuesday, April 23, 2019)
[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Notices]
[Pages 16933-16943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08137]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
Notice of Funding Opportunity for the Department of
Transportation's National Infrastructure Investments Under the
Consolidated Appropriations Act, 2019
AGENCY: Office of the Secretary of Transportation, DOT.
ACTION: Notice of funding opportunity.
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SUMMARY: The Consolidated Appropriations Act, 2019 (``FY 2019
Appropriations Act'') appropriated $900 million to be awarded by the
Department of Transportation (``DOT'') for National Infrastructure
Investments. This appropriation stems from the program funded and
implemented pursuant to the American Recovery and Reinvestment Act of
2009 (the ``Recovery Act'') and is known as the Better Utilizing
Investments to Leverage Development, or ``BUILD Transportation
grants,'' program. Funds for the FY 2019 BUILD Transportation grants
program are to be awarded on a competitive basis for surface
transportation infrastructure projects that will have a significant
local or regional impact. The purpose of this notice is to solicit
applications for BUILD Transportation grants.
DATES: Applications must be submitted by 8:00 p.m. E.D.T. on July 15,
2019.
ADDRESSES: Applications must be submitted through Grants.gov.
FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, please contact the BUILD Transportation grants program
staff via email at [email protected], or call Howard Hill at 202-366-
0301. A TDD is available for individuals who are deaf or hard of
hearing at 202-366-3993. In addition, DOT will regularly post answers
to questions and requests for clarifications as well as information
about webinars for further guidance on DOT's website at
www.transportation.gov/BUILDgrants.
SUPPLEMENTARY INFORMATION: The FY 2019 BUILD Transportation grant
program will make awards to surface transportation infrastructure
projects that will have a significant impact throughout the country.
Each section of this notice contains information and instructions
relevant to the application process for these BUILD Transportation
grants, and all applicants should read this notice in its entirety so
that they have the information they need to submit eligible and
competitive applications. For this round of BUILD Transportation
grants, the maximum grant award is $25 million, and no more than $90
million can be awarded to a single State, as specified in the FY 2019
Appropriations Act. Per statute, the FY 2019 selection criteria are the
same as under the FY 2017 TIGER program, although the description for
each criterion has been updated. For FY 2019 BUILD Transportation
grants, the definitions of urban and rural areas differ from previous
rounds. Additionally, not more than 50 percent of funds will be awarded
to projects located in urban and rural areas, respectively.
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
The Consolidated Appropriations Act, 2019 (Pub. L. 116-6, February
15, 2019) (``FY 2019 Appropriations Act'') appropriated $900 million to
be awarded by the Department of Transportation (``DOT'') for National
Infrastructure Investments. Since this program was created, $7.1
billion has been awarded for capital investments in surface
transportation infrastructure over ten rounds of competitive grants.
Throughout the program, these discretionary grant awards have supported
projects that have a significant local or regional impact.
Like the FY 2017 TIGER program, the FY 2019 BUILD program will also
give special consideration to projects which emphasize improved access
to reliable, safe, and affordable transportation for communities in
rural areas, such as projects that improve infrastructure condition,
address public health and safety, promote regional connectivity or
facilitate economic growth or competitiveness. Such projects may
concurrently invest in broadband to better facilitate productivity,
including through the U.S. Department of Agriculture's ReConnect Loan
and Grant program, and help rural citizens access opportunities, or
promote energy independence to help deliver significant local or
regional economic benefit.
B. Federal Award Information
1. Amount Available
The FY 2019 Appropriations Act appropriated $900 million to be
awarded by DOT for the BUILD Transportation grants program. The FY 2019
BUILD Transportation grants are for capital investments in surface
transportation infrastructure and are to be awarded on a competitive
basis for projects that will have a significant local or regional
impact. Additionally, the Act allows for up to $15 million (of the $900
million) to be awarded for the planning, preparation or design of
eligible projects. DOT is referring to any such awards as BUILD
Transportation planning grants. The FY 2019 Appropriations Act also
allows DOT to retain up to $27 million of the $900 million for award,
oversight and administration of grants and credit assistance made under
the program. If this solicitation does not result in the award and
obligation of all available funds, DOT may publish additional
solicitations.
The FY 2019 Appropriations Act allows up to 20 percent of available
funds (or $180 million) to be used by the Department to pay the subsidy
and administrative costs of a project receiving credit assistance under
the Transportation Infrastructure Finance and Innovation Act of 1998
(``TIFIA'') or Railroad Rehabilitation and Improvement Financing (RRIF)
programs, if that use of the FY 2019 BUILD funds would further the
purposes of the BUILD Transportation grants program.
2. Award Size
The FY 2019 Appropriations Act specifies that BUILD Transportation
grants may not be less than $5 million and not greater than $25
million, except that for projects located in rural areas (as defined in
Section C.3.ii.) the award size is $1 million. There is no minimum
award size, regardless of location, for BUILD Transportation planning
grants.
3. Restrictions on Funding
Pursuant to the FY 2019 Appropriations Act, no more than 10 percent
of the funds made available for BUILD Transportation grants (or $90
million) may be awarded to projects in a single State. The Act also
directs that not more than 50 percent of the funds provided for BUILD
Transportation grants (or $450 million) shall be used for projects
located in rural areas with population equal to or less than
[[Page 16934]]
200,000, and directs that not more than 50 percent of the funds
provided for BUILD Transportation grants (or $450 million) shall be
used for projects located in urbanized areas with a population of more
than 200,000. Further, DOT must take measures to ensure an equitable
geographic distribution of grant funds, an appropriate balance in
addressing the needs of urban and rural areas, and investment in a
variety of transportation modes.
4. Availability of Funds
The FY 2019 Appropriations Act requires that FY 2019 BUILD
Transportation grants funds are available for obligation only through
September 30, 2021. Obligation occurs when a selected applicant and DOT
enter into a written grant agreement after the applicant has satisfied
applicable administrative requirements, including transportation
planning and environmental review requirements. Unless authorized by
the Department in writing after the Department's announcement of FY
2019 BUILD awards, any costs incurred prior to the Department's
obligation of funds for a project are ineligible for reimbursement.\1\
All FY 2019 BUILD funds must be expended (the grant obligation must be
liquidated or actually paid out to the grantee) by September 30, 2026.
After this date, unliquidated funds are no longer available to the
project. As part of the review and selection process described in
Section E.2., DOT will consider a project's likelihood of being ready
to proceed with an obligation of BUILD Transportation grant funds and
complete liquidation of these obligations, within the statutory
timelines. No waiver is possible for these deadlines.
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\1\ Pre-award costs are only costs incurred directly pursuant to
the negotiation and anticipation of the BUILD award where such costs
are necessary for efficient and timely performance of the scope of
work, as determined by DOT. Costs incurred under an advance
construction (23 U.S.C. 115) authorization before the DOT announces
that a project is selected for a FY 2019 BUILD award cannot be
charged to FY 2019 BUILD funds.
Likewise, costs incurred under an FTA Letter of No Prejudice
under Chapter 53 of title 49 U.S.C. before the DOT announces that a
project is selected for a FY 2019 BUILD award cannot be charged to
FY 2019 BUILD funds.
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5. Previous BUILD/TIGER Awards
Recipients of BUILD/TIGER grants may apply for funding to support
additional phases of a project previously awarded funds in the BUILD/
TIGER program. However, to be competitive, the applicant should
demonstrate the extent to which the previously funded project phase has
met estimated project schedules and budget, as well as the ability to
realize the benefits expected for the project.
C. Eligibility Information
To be selected for a BUILD Transportation grant, an applicant must
be an Eligible Applicant and the project must be an Eligible Project.
1. Eligible Applicants
Eligible Applicants for BUILD Transportation grants are State,
local, and tribal governments, including U.S. territories, transit
agencies, port authorities, metropolitan planning organizations (MPOs),
and other political subdivisions of State or local governments.
Multiple States or jurisdictions may submit a joint application and
must identify a lead applicant as the primary point of contact and also
identify the primary recipient of the award. Each applicant in a joint
application must be an Eligible Applicant. Joint applications must
include a description of the roles and responsibilities of each
applicant and must be signed by each applicant.
2. Cost Sharing or Matching
Per the FY 2019 Appropriations Act, the Federal share of project
costs for which an expenditure is made under the BUILD Transportation
grant program may not exceed 80 percent for a project located in an
urban area.\2\ The Secretary may increase the Federal share of costs
above 80 percent for a project located in a rural area. Urban area and
rural area are defined in Section C.3.ii of this notice.
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\2\ To meet match requirements, the minimum total project cost
for a project located in an urban area must be $6.25 million.
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Non-Federal sources include State funds originating from programs
funded by State revenue, local funds originating from State or local
revenue-funded programs, or private funds. Toll credits under 23 U.S.C.
120(i) are considered a Federal source under the BUILD program and,
therefore, cannot be used to satisfy the statutory cost sharing
requirement of a BUILD award. Unless otherwise authorized by statute,
non-Federal cost-share may not be counted as the non-Federal share for
both the BUILD Transportation grant and another Federal grant program.
The Department will not consider previously incurred costs or
previously expended or encumbered funds towards the matching
requirement for any project. Matching funds are subject to the same
Federal requirements described in Section F.2. as awarded funds. If
repaid from non-Federal sources, Federal credit assistance is
considered non-Federal share.
3. Other
i. Eligible Projects
Eligible projects for BUILD Transportation grants are surface
transportation capital projects that include, but are not limited to:
(1) Highway, bridge, or other road projects eligible under title 23,
United States Code; (2) public transportation projects eligible under
chapter 53 of title 49, United States Code; (3) passenger and freight
rail transportation projects; (4) port infrastructure investments
(including inland port infrastructure and land ports of entry); and (5)
intermodal projects.\3\
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\3\ Please note that the Department may use a BUILD
Transportation grant to pay for the surface transportation
components of a broader project that has non-surface transportation
components, and applicants are encouraged to apply for BUILD
Transportation grants to pay for the surface transportation
components of these projects.
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Improvements to Federally owned facilities are ineligible under the
FY 2019 BUILD program. Research, demonstration, or pilot projects are
eligible only if they will result in long-term, permanent surface
transportation infrastructure that has independent utility as defined
in Section C.3.iii.
The FY 2019 Appropriations Act allows up to $15 million for the
planning, preparation or design of eligible projects. Activities
eligible for funding under BUILD Transportation planning grants are
related to the planning, preparation, or design--including
environmental analysis, feasibility studies, and other pre-construction
activities--of surface transportation capital projects.
Applicants are strongly encouraged to submit applications only for
eligible award amounts.
ii. Rural/Urban Definition
For purposes of this notice, a project is designated as urban if it
is located within (or on the boundary of) a Census-designated urbanized
area \4\ that had a population greater than 200,000 in the 2010 Census.
\5\ If a project is located outside a Census-designated urbanized area
with a population greater than 200,000, it is designated as a rural
project.
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\4\ Updated lists of UAs as defined by the Census Bureau are
available on the Census Bureau website at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/.
\5\ See www.transportation.gov/BUILDgrants for a list of UAs.
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[[Page 16935]]
Rural and urban definitions differ in some other DOT programs,
including TIFIA.
A project located in both an urban and a rural area will be
designated as urban if the majority of the project's costs will be
spent in urban areas. Conversely, a project located in both an urban
area and a rural area will be designated as rural if the majority of
the project's costs will be spent in rural areas.
This definition affects four aspects of the program: (1) Not more
than $450 million of the funds provided for BUILD Transportation grants
are to be used for projects in rural areas; (2) not more than $450
million of the funds provided for BUILD Transportation grants are to be
used for projects in urban areas; (3) for a project in a rural area the
minimum award is $1 million; and (4) the Secretary may increase the
Federal share above 80 percent to pay for the costs of a project in a
rural area.
iii. Project Components
An application may describe a project that contains more than one
component, and may describe components that may be carried out by
parties other than the applicant. DOT may award funds for a component,
instead of the larger project, if that component (1) independently
meets minimum award amounts described in Section B and all eligibility
requirements described in Section C; (2) independently aligns well with
the selection criteria specified in Section E; and (3) meets National
Environmental Policy Act (NEPA) requirements with respect to
independent utility. Independent utility means that the component will
represent a transportation improvement that is usable and represents a
reasonable expenditure of DOT funds even if no other improvements are
made in the area, and will be ready for intended use upon completion of
that component's construction. All project components that are
presented together in a single application must demonstrate a
relationship or connection between them. (See Section D.2.iv. for
Required Approvals).
Applicants should be aware that, depending upon the relationship
between project components and applicable Federal law, DOT funding of
only some project components may make other project components subject
to Federal requirements as described in Section F.2.
DOT strongly encourages applicants to identify in their
applications the project components that have independent utility and
separately detail costs and requested BUILD Transportation grant
funding for those components. If the application identifies one or more
independent project components, the application should clearly identify
how each independent component addresses selection criteria and
produces benefits on its own, in addition to describing how the full
proposal of which the independent component is a part addresses
selection criteria.
iv. Application Limit
Each lead applicant may submit no more than three applications.
Unrelated project components should not be bundled in a single
application for the purpose of adhering to the limit. If a lead
applicant submits more than three applications as the lead applicant,
only the first three received will be considered.
D. Application and Submission Information
1. Address
Applications must be submitted to Grants.gov. Instructions for
submitting applications can be found at www.transportation.gov/BUILDgrants along with specific instructions for the forms and
attachments required for submission.
2. Content and Form of Application Submission
The application must include the Standard Form 424 (Application for
Federal Assistance), cover page, and the Project Narrative. More
detailed information about the Project Narrative follows. Applicants
should also complete and attach to their application the ``BUILD 2019
Project Information'' form available at www.transportation.gov/BUILDgrants.
The Department recommends that the project narrative follow the
basic outline below to address the program requirements and assist
evaluators in locating relevant information.
____________________________________
____________________________________
I. Project Description.................... See D.2.i.
II. Project Location...................... See D.2.ii.
III. Grant Funds, Sources and Uses of all See D.2.iii.
Project Funding.
IV. Selection Criteria.................... See D.2.iv. and E.1.i.
V. Project Readiness...................... See D.2.v. and E.1.ii.
VI. Benefit Cost Analysis................. See D.2.vi. and E.1.iii.
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The project narrative should include the information necessary for
the Department to determine that the project satisfies project
requirements described in Sections B and C and to assess the selection
criteria specified in Section E.1. To the extent practicable,
applicants should provide supporting data and documentation in a form
that is directly verifiable by the Department. The Department may ask
any applicant to supplement data in its application but expects
applications to be complete upon submission.
In addition to a detailed statement of work, detailed project
schedule, and detailed project budget, the project narrative should
include a table of contents, maps and graphics, as appropriate, to make
the information easier to review. The Department recommends that the
project narrative be prepared with standard formatting preferences (a
single-spaced document, using a standard 12-point font such as Times
New Roman, with 1-inch margins). The project narrative may not exceed
30 pages in length, excluding cover pages and table of contents. The
only substantive portions that may exceed the 30-page limit are
documents supporting assertions or conclusions made in the 30-page
project narrative. If possible, website links to supporting
documentation should be provided rather than copies of these supporting
materials. If supporting documents are submitted, applicants should
clearly identify within the project narrative the relevant portion of
the project narrative that each supporting document supports. The
Department recommends using appropriately descriptive file names (e.g.,
``Project Narrative,'' ``Maps,'' ``Memoranda of Understanding and
Letters of Support,'' etc.) for all attachments. DOT recommends
applications include the following sections:
i. Project Description
The first section of the application should provide a concise
description of the project, the transportation challenges that it is
intended to address, and how it will address those challenges. This
section should discuss the project's history, including a description
of any previously completed components. The applicant may use this
section to place the project into a broader context of other
transportation infrastructure investments being pursued by the project
sponsor, and, if applicable, how it will benefit communities in rural
areas.
ii. Project Location
This section of the application should describe the project
location, including a detailed geographical description of the proposed
project, a map of the project's location and connections to existing
transportation infrastructure, and geospatial data describing the
project location. If the project is located within the boundary of a
Census-designated urbanized area, the
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application should identify that urbanized area.
iii. Grant Funds, Sources and Uses of Project Funds
This section of the application should describe the project's
budget. This budget should not include any previously incurred
expenses. At a minimum, it should include:
(A) Project costs;
(B) For all funds to be used for eligible project costs, the source
and amount of those funds;
(C) For non-Federal funds to be used for eligible project costs,
documentation of funding commitments should be referenced here and
included as an appendix to the application;
(D) For Federal funds to be used for eligible project costs, the
amount, nature, and source of any required non-Federal match for those
funds; and
(E) A budget showing how each source of funds will be spent. The
budget should show how each funding source will share in each major
construction activity, and present that data in dollars and
percentages. Funding sources should be grouped into three categories:
Non-Federal; BUILD; and other Federal. If the project contains
individual components, the budget should separate the costs of each
project component. If the project will be completed in phases, the
budget should separate the costs of each phase. The budget detail
should sufficiently demonstrate that the project satisfies the
statutory cost-sharing requirements described in Section C.2.
In addition to the information enumerated above, this section
should provide complete information on how all project funds may be
used. For example, if a particular source of funds is available only
after a condition is satisfied, the application should identify that
condition and describe the applicant's control over whether it is
satisfied. Similarly, if a particular source of funds is available for
expenditure only during a fixed time period, the application should
describe that restriction. Complete information about project funds
will ensure that the Department's expectations for award execution
align with any funding restrictions unrelated to the Department, even
if an award differs from the applicant's request.
iv. Selection Criteria
This section of the application should demonstrate how the project
aligns with the Criteria described in Section E.1 of this notice. The
Department encourages applicants to either address each criterion or
expressly state that the project does not address the criterion.
Applicants are not required to follow a specific format, but the
outline suggested below, which addresses each criterion separately,
promotes a clear discussion that assists project evaluators. To
minimize redundant information in the application, the Department
encourages applicants to cross-reference from this section of their
application to relevant substantive information in other sections of
the application. The guidance in this section is about how the
applicant should organize their application. Guidance describing how
the Department will evaluate projects against the Selection Criteria is
in Section E.1 of this notice. Applicants also should review that
section before considering how to organize their application.
(1) Primary Selection Criteria
(a) Safety
This section of the application should describe the anticipated
outcomes of the project that support the Safety criterion (described in
Section E.1.i.(a) of this notice). The applicant should include
information on, and to the extent possible, quantify, how the project
would improve safety outcomes within the project area or wider
transportation network, to include how the project will reduce the
number, rate, and consequences of transportation-related accidents,
serious injuries, and fatalities. If applicable, the applicant should
also include information on how the project will eliminate unsafe grade
crossings or contribute to preventing unintended releases of hazardous
materials.
(b) State of Good Repair
This section of the application should describe how the project
will contribute to a state of good repair by improving the condition or
resilience of existing transportation facilities and systems (described
in Section E.1.i.(b) of this notice), including the project's current
condition and how the proposed project will improve it, and any
estimates of impacts on long-term cost structures or overall life-cycle
costs. If the project will contribute to a state of good repair of
transportation infrastructure that supports border security, the
applicant should describe how.
(c) Economic Competitiveness
This section of the application should describe how the project
will support the Economic Competitiveness criterion (described in
Section E.1.i.(c) of this notice). The applicant should include
information about expected impacts of the project on the movement of
goods and people, including how the project increases the efficiency of
movement and thereby reduces costs of doing business, improves local
and regional freight connectivity to the national and global economy,
reduces burdens of commuting, and improves overall well-being. The
applicant should describe the extent to which the project contributes
to the functioning and growth of the economy, including the extent to
which the project addresses congestion or freight connectivity, bridges
service gaps in rural areas, or promotes the expansion of private
economic development including in Opportunity Zones.
(d) Environmental Sustainability
This section of the application should describe how the project
addresses the environmental sustainability criterion (described in
Section E.1.i.(d) of this notice). Applicants are encouraged to provide
quantitative information, including baseline information that
demonstrates how the project will reduce energy consumption, reduce
stormwater runoff, or achieve other benefits for the environment such
as brownfield redevelopment.
(e) Quality of Life
This section should describe how the project increases
transportation choices for individuals, expands access to essential
services for people in communities across the United States, improves
connectivity for citizens to jobs, health care, and other critical
destinations, particularly for rural communities, or otherwise
addresses the quality of life criterion (described in Section E.1.i.(e)
of this notice). If construction of the transportation project will
allow concurrent installation of fiber or other broadband deployment as
an essential service, the applicant should describe those activities
and how they support quality of life. Unless the concurrent activities
support transportation, they will not be eligible for reimbursement.
(2) Secondary Selection Criteria
(a) Innovation
This section of the application should describe innovative
strategies used and the anticipated benefits of using those strategies,
including those corresponding to three categories (described in Section
E.1.i.(f) of this notice): (i) Innovative Technologies, (ii) Innovative
Project Delivery, or (iii) Innovative Financing.
[[Page 16937]]
(i) Innovative Technologies
If an applicant is proposing to adopt innovative safety approaches
or technology, the application should demonstrate the applicant's
capacity to implement those innovations, the applicant's understanding
of applicable Federal requirements and whether the innovations may
require extraordinary permitting, approvals, exemptions, waivers, or
other procedural actions, and the effects of those innovations on the
project delivery timeline.
If an applicant is proposing to deploy innovative traveler
information systems or technologies as part of the surface
transportation capital project, including work zone data exchanges or
related data exchanges, the application should demonstrate the
applicant's capacity to implement these innovations, the applicant's
understanding of applicable data standards, and whether the proposed
innovations will advance safety or other benefits during and after
project completion.
If an applicant is proposing to deploy autonomous vehicles or other
innovative motor vehicle technology, the application should demonstrate
that all vehicles will comply with applicable safety requirements,
including those administered by the National Highway Traffic Safety
Administration (NHTSA) and Federal Motor Carrier Safety Administration
(FMCSA). Specifically, the application should show that vehicles
acquired for the proposed project will comply with applicable Federal
Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carrier Safety
Regulations (FMCSR). If the vehicles may not comply, the application
should either (1) show that the vehicles and their proposed operations
are within the scope of an exemption or wavier that has already been
granted by NHTSA, FMCSA, or both agencies or (2) directly address
whether the project will require exemptions or waivers from the FMVSS,
FMCSR, or any other regulation and, if the project will require
exemptions or waivers, present a plan for obtaining them.
(ii) Innovative Project Delivery
If an applicant plans to use innovative approaches to project
delivery or is located in a State with NEPA delegation authority,
applicants should describe those project delivery methods and how they
are expected to improve the efficiency of the project development or
expedite project delivery.
If an applicant is proposing to use SEP-14 or SEP-15 (as described
in section E.1.i.(f) of this notice) the applicant should describe that
proposal. The applicant should also provide sufficient information for
evaluators to confirm that the applicant's proposal would meet the
requirements of the specific experimental authority program.\6\
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\6\ SEP-14 information is available at https://www.fhwa.dot.gov/programadmin/contracts/sep_a.cfm. SEP-15 information is available at
https://www.fhwa.dot.gov/ipd/p3/toolkit/usdot/sep15/implementation_procedure/.
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(iii) Innovative Financing
If an applicant plans to incorporate innovative funding or
financing, the applicant should describe the funding or financing
approach, including a description of all activities undertaken to
pursue private funding or financing for the project and the outcomes of
those activities.
(b) Partnership
This section of the application should include information to
assess the partnership criterion (described in Section E.1.i.(g) of
this notice) including a list of all project parties and details about
the proposed grant recipient and other public and private parties who
are involved in delivering the project. This section should also
describe efforts to collaborate among stakeholders, including with the
private sector. Applications for projects involving other Federal
agencies, or requiring action from other Federal agencies, should
demonstrate commitment and involvement of those agencies. For example,
projects involving border infrastructure should demonstrate evidence of
concurrent investment from U.S. Customs and Border Patrol, U.S.
Department of State, and other relevant Federal agencies; relevant port
projects should demonstrate alignment with U.S. Army Corps of Engineers
investment strategies.
v. Project Readiness
This section of the application should include information that,
when considered with the project budget information presented elsewhere
in the application, is sufficient for the Department to evaluate
whether the project is reasonably expected to begin construction in a
timely manner. To assist the Department's project readiness assessment,
the applicant should provide the information requested on technical
feasibility, project schedule, project approvals, and project risks,
each of which is described in greater detail in the following sections.
Applicants are not required to follow the specific format described
here, but this organization, which addresses each relevant aspect of
project readiness, promotes a clear discussion that assists project
evaluators. To minimize redundant information in the application, the
Department encourages applicants to cross-reference from this section
of their application to relevant substantive information in other
sections of the application.
The guidance here is about what information applicants should
provide and how the applicant should organize their application.
Guidance describing how the Department will evaluate a project's
readiness is described in Section E.1.ii of this notice. Applicants
should review that section when considering how to organize their
application.
(a) Technical Feasibility
The applicant should demonstrate the technical feasibility of the
project with engineering and design studies and activities; the
development of design criteria and/or a basis of design; the basis for
the cost estimate presented in the BUILD application, including the
identification of contingency levels appropriate to its level of
design; and any scope, schedule, and budget risk-mitigation measures.
Applicants should include a detailed statement of work that focuses on
the technical and engineering aspects of the project and describes in
detail the project to be constructed.
(b) Project Schedule
The applicant should include a detailed project schedule that
identifies all major project milestones. Examples of such milestones
include State and local planning approvals (e.g., programming on the
Statewide Transportation Improvement Program); start and completion of
NEPA and other Federal environmental reviews and approvals including
permitting; design completion; right of way acquisition; approval of
plans, specifications and estimates; procurement; State and local
approvals; project partnership and implementation agreements, including
agreements with railroads; and construction. The project schedule
should be sufficiently detailed to demonstrate that:
(1) All necessary activities will be complete to allow BUILD
Transportation grant funds to be obligated sufficiently in advance of
the statutory deadline (September 30, 2021 for FY 2019 funds), and that
any unexpected delays will not put the funds at risk of expiring before
they are obligated;
(2) the project can begin construction quickly upon obligation of
grant funds
[[Page 16938]]
and that those funds will be spent expeditiously once construction
starts, with all funds expended by September 30, 2026; and
(3) all real property and right-of-way acquisition will be
completed in a timely manner in accordance with 49 CFR part 24, 23 CFR
part 710, and other applicable legal requirements or a statement that
no acquisition is necessary.
(c) Required Approvals
(1) Environmental Permits and Reviews. The application should
demonstrate receipt (or reasonably anticipated receipt) of all
environmental approvals and permits necessary for the project to
proceed to construction on the timeline specified in the project
schedule and necessary to meet the statutory obligation deadline,
including satisfaction of all Federal, State and local requirements and
completion of the NEPA process. Specifically, the application should
include:
(a) Information about the NEPA status of the project. If the NEPA
process is complete, an applicant should indicate the date of
completion, and provide a website link or other reference to the final
Categorical Exclusion, Finding of No Significant Impact, Record of
Decision, and any other NEPA documents prepared. If the NEPA process is
underway, but not complete, the application should detail the type of
NEPA review underway, where the project is in the process, and indicate
the anticipated date of completion of all milestones and of the final
NEPA determination. If the last agency action with respect to NEPA
documents occurred more than three years before the application date,
the applicant should describe why the project has been delayed and
include a proposed approach for verifying and, if necessary, updating
this material in accordance with applicable NEPA requirements.
(b) Information on reviews, approvals, and permits by other
agencies. An application should indicate whether the proposed project
requires reviews or approval actions by other agencies,\7\ indicate the
status of such actions, and provide detailed information about the
status of those reviews or approvals and should demonstrate compliance
with any other applicable Federal, State or local requirements, and
when such approvals are expected. Applicants should provide a website
link or other reference to copies of any reviews, approvals, and
permits prepared.
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\7\ Projects that may impact protected resources such as
wetlands, species habitat, cultural or historic resources require
review and approval by Federal and State agencies with jurisdiction
over those resources.
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(c) Environmental studies or other documents, preferably through a
website link, that describe in detail known project impacts, and
possible mitigation for those impacts.
(d) A description of discussions with the appropriate DOT operating
administration field or headquarters office regarding the project's
compliance with NEPA and other applicable Federal environmental reviews
and approvals.
(e) A description of public engagement about the project that has
occurred, including details on the degree to which public comments and
commitments have been integrated into project development and design.
(2) State and Local Approvals. The applicant should demonstrate
receipt of State and local approvals on which the project depends, such
as State and local environmental and planning approvals and Statewide
Transportation Improvement Program (STIP) or (Transportation
Improvement Program) TIP funding. Additional support from relevant
State and local officials is not required; however, an applicant should
demonstrate that the project has broad public support.
(3) Federal Transportation Requirements Affecting State and Local
Planning. The planning requirements applicable to the relevant
operating administration apply to all BUILD Transportation grant
projects,\8\ including intermodal projects located at airport
facilities.\9\ Applicants should demonstrate that a project that is
required to be included in the relevant State, metropolitan, and local
planning documents has been or will be included in such documents. If
the project is not included in a relevant planning document at the time
the application is submitted, the applicant should submit a statement
from the appropriate planning agency that actions are underway to
include the project in the relevant planning document.
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\8\ Under 23 U.S.C. 134 and 135, all projects requiring an
action by FHWA must be in the applicable plan and programming
documents (e.g., metropolitan transportation plan, transportation
improvement program (TIP) and statewide transportation improvement
program (STIP)). Further, in air quality non-attainment and
maintenance areas, all regionally significant projects, regardless
of the funding source, must be included in the conforming
metropolitan transportation plan and TIP. Inclusion in the STIP is
required under certain circumstances. To the extent a project is
required to be on a metropolitan transportation plan, TIP, and/or
STIP, it will not receive a BUILD Transportation grant until it is
included in such plans. Plans that do not currently include the
awarded BUILD project can be amended by the State and MPO. Projects
that are not required to be in long range transportation plans,
STIPs, and TIPs will not need to be included in such plans in order
to receive a BUILD Transportation grant. Port, freight rail, and
intermodal projects are not required to be on the State Rail Plans
called for in the Passenger Rail Investment and Improvement Act of
2008, or in a State Freight Plan as described in the FAST Act.
However, applicants seeking funding for freight projects are
encouraged to demonstrate that they have done sufficient planning to
ensure that projects fit into a prioritized list of capital needs
and are consistent with long-range goals. Means of demonstrating
this consistency would include whether the project is in a TIP or a
State Freight Plan that conforms to the requirements 49 U.S.C. 70202
prior to the start of construction. Port planning guidelines are
available at StrongPorts.gov.
\9\ Projects at grant obligated airports must be compatible with
the FAA-approved Airport Layout Plan, as well as aeronautical
surfaces associated with the landing and takeoff of aircraft at the
airport. Additionally, projects at an airport: Must comply with
established Sponsor Grant Assurances, including (but not limited to)
requirements for non-exclusive use facilities, consultation with
users, consistency with local plans including development of the
area surrounding the airport, and consideration of the interest of
nearby communities, among others; and must not adversely affect the
continued and unhindered access of passengers to the terminal.
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To the extent possible, freight projects should be included in a
State Freight Plan and supported by a State Freight Advisory Committee
(49 U.S.C. 70201, 70202), if these exist. Applicants should provide
links or other documentation supporting this consideration.
Because projects have different schedules, the construction start
date for each BUILD Transportation grant must be specified in the
project-specific agreements signed by relevant operating administration
and the grant recipients, based on critical path items that applicants
identify in the application and will be consistent with relevant State
and local plans.
(d) Assessment of Project Risks and Mitigation Strategies
Project risks, such as procurement delays, environmental
uncertainties, increases in real estate acquisition costs, uncommitted
local match, unavailability of vehicles that either comply with Federal
Motor Vehicle Safety Standards or are exempt from Federal Motor Vehicle
Safety Standards in a manner that allows for their legal acquisition
and deployment, unavailability of domestically manufactured equipment,
or lack of legislative approval, affect the likelihood of successful
project start and completion. The applicant should identify all
material risks to the project and the strategies that the lead
applicant and any project partners have undertaken or will undertake in
order to mitigate those risks. The applicant should assess the greatest
risks to the project and identify how the project parties will mitigate
those risks.
[[Page 16939]]
If an applicant anticipates pursuing a waiver for relevant domestic
preference laws, the applicant should describe steps that have been or
will be taken to maximize the use of domestic goods, products, and
materials in constructing their project.
To the extent the applicant is unfamiliar with the Federal program,
the applicant should contact the appropriate DOT operating
administration field or headquarters offices, as found in contact
information at www.transportation.gov/BUILDgrants, for information on
the pre-requisite steps to obligate Federal funds in order to ensure
that their project schedule is reasonable and that there are no risks
of delays in satisfying Federal requirements.
BUILD Transportation planning grant applicants should describe
their capacity to successfully implement the proposed activities in a
timely manner.
vi. Benefit Cost Analysis
This section describes the recommended approach for the completion
and submission of a benefit-cost analysis (BCA) as an appendix to the
Project Narrative. The results of the analysis should be summarized in
the Project Narrative directly, as described in Section D.2.
The appendix should provide present value estimates of a project's
benefits and costs relative to a no-build baseline. To calculate
present values, applicants should apply a real discount rate (i.e., the
discount rate net of the inflation rate) of 7 percent per year to the
project's streams of benefits and costs. The purpose of the BCA is to
enable the Department to evaluate the project's cost-effectiveness by
estimating a benefit-cost ratio and calculating the magnitude of net
benefits for the project.
The primary economic benefits from projects eligible for BUILD
Transportation grants are likely to include savings in travel time
costs, vehicle or terminal operating costs, and safety costs for both
existing users of the improved facility and new users who may be
attracted to it as a result of the project. Reduced damages from
vehicle emissions and savings in maintenance costs to public agencies
may also be quantified. Applicants may describe other categories of
benefits in the BCA that are more difficult to quantify and value in
economic terms, such as improving the reliability of travel times or
improvements to the existing human and natural environments (such as
increased connectivity, improved public health, storm water runoff
mitigation, and noise reduction), while also providing numerical
estimates of the magnitude and timing of each of these additional
impacts wherever possible. Any benefits claimed for the project, both
quantified and unquantified, should be clearly tied to the expected
outcomes of the project.
The BCA should include the full costs of developing, constructing,
operating, and maintaining the proposed project, as well as the
expected timing or schedule for costs in each of these categories. The
BCA may also consider the present discounted value of any remaining
service life of the asset at the end of the analysis period. The costs
and benefits that are compared in the BCA should also cover the same
project scope.
The BCA should carefully document the assumptions and methodology
used to produce the analysis, including a description of the baseline,
the sources of data used to project the outcomes of the project, and
the values of key input parameters. Applicants should provide all
relevant files used for their BCA, including any spreadsheet files and
technical memos describing the analysis (whether created in-house or by
a contractor). The spreadsheets and technical memos should present the
calculations in sufficient detail and transparency to allow the
analysis to be reproduced by DOT evaluators. Detailed guidance for
estimating some types of quantitative benefits and costs, together with
recommended economic values for converting them to dollar terms and
discounting to their present values, are available in the Department's
guidance for conducting BCAs for projects seeking funding under the
BUILD Transportation grant program (see www.transportation.gov/BUILDgrants/additional-guidance).
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant must: (1) Be registered in SAM before submitting its
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 it has an active
Federal award or an application or plan under consideration by a
Federal awarding agency. The Department may not make a BUILD
Transportation grant to an applicant until the applicant has complied
with all applicable unique entity identifier and SAM requirements and,
if an applicant has not fully complied with the requirements by the
time the Department is ready to make a BUILD Transportation grant, the
Department may determine that the applicant is not qualified to receive
a BUILD Transportation grant and use that determination as a basis for
making a BUILD Transportation grant to another applicant.
4. Submission Dates and Times
i. Deadline
Applications must be submitted by 8:00 p.m. E.D.T. on July 15,
2019.
To submit an application through Grants.gov, applicants must:
(1) Obtain a Data Universal Numbering System (DUNS) number;
(2) Register with the System for Award Management (SAM) at
www.SAM.gov;
(3) Create a Grants.gov username and password; and
(4) The E-Business Point of Contact (POC) at the applicant's
organization must respond to the registration email from Grants.gov and
login at Grants.gov to authorize the applicant as the Authorized
Organization Representative (AOR). Please note that there can be more
than one AOR for an organization.
Please note that the Grants.gov registration process usually takes
2-4 weeks to complete and that the Department will not consider late
applications that are the result of failure to register or comply with
Grants.gov applicant requirements in a timely manner. For information
and instruction on each of these processes, please see instructions at
http://www.grants.gov/web/grants/applicants/applicant-faqs.html. If
applicants experience difficulties at any point during the registration
or application process, please call the Grants.gov Customer Service
Support Hotline at 1(800) 518-4726, Monday-Friday from 7:00 a.m. to
9:00 p.m. EST.
ii. Consideration of Applications:
Only applicants who comply with all submission deadlines described
in this notice and electronically submit valid applications through
Grants.gov will be eligible for award. Applicants are strongly
encouraged to make submissions in advance of the deadline.
iii. Late Applications
Applicants experiencing technical issues with Grants.gov that are
beyond the applicant's control must contact [email protected] prior
to the application deadline with the user name of the registrant and
details of the technical issue experienced. The applicant must provide:
(1) Details of the technical issue experienced;
(2) Screen capture(s) of the technical issues experienced along
with corresponding Grants.gov ``Grant tracking number;''
[[Page 16940]]
(3) The ``Legal Business Name'' for the applicant that was provided
in the SF-424;
(4) The AOR name submitted in the SF-424;
(5) The DUNS number associated with the application; and
(6) The Grants.gov Help Desk Tracking Number
To ensure a fair competition of limited discretionary funds, the
following conditions are not valid reasons to permit late submissions:
(1) Failure to complete the registration process before the deadline;
(2) failure to follow Grants.gov instructions on how to register and
apply as posted on its website; (3) failure to follow all instructions
in this notice of funding opportunity; and (4) technical issues
experienced with the applicant's computer or information technology
environment. After the Department reviews all information submitted and
contact the Grants.gov Help Desk to validate reported technical issues,
DOT staff will contact late applicants to approve or deny a request to
submit a late application through Grants.gov. If the reported technical
issues cannot be validated, late applications will be rejected as
untimely.
E. Application Review Information
1. Criteria
This section specifies the criteria that DOT will use to evaluate
and award applications for BUILD Transportation grants. The criteria
incorporate the statutory eligibility requirements for this program,
which are specified in this notice as relevant. Projects will also be
evaluated for demonstrated project readiness and benefits and costs.
i. Primary Selection Criteria
Applications that do not demonstrate a potential for moderate long-
term benefits based on these criteria will not proceed in the
evaluation process. DOT does not consider any selection criterion more
important than the others. BUILD Transportation planning grant
applications will be evaluated against the same criteria as capital
grant applications. While the FY 2019 Appropriations Act allows funding
solely for pre-construction activities, the Department will prioritize
FY 2019 BUILD Transportation grant program funding for projects that
propose to move into the construction phase within the period of
obligation. Accordingly, applications for BUILD Transportation planning
grants will be less competitive than capital grants.
The selection criteria, which will receive equal consideration,
are:
(a) Safety
The Department will assess the project's ability to foster a safe
transportation system for the movement of goods and people. The
Department will consider the projected impacts on the number, rate, and
consequences of crashes, fatalities and injuries among transportation
users; the project's contribution to the elimination of highway/rail
grade crossings, or the project's contribution to preventing unintended
releases of hazardous materials.
(b) State of Good Repair
The Department will assess whether and to what extent: (1) The
project is consistent with relevant plans to maintain transportation
facilities or systems in a state of good repair and address current and
projected vulnerabilities; (2) if left unimproved, the poor condition
of the asset will threaten future transportation network efficiency,
mobility of goods or accessibility and mobility of people, or economic
growth; (3) the project is appropriately capitalized up front and uses
asset management approaches that optimize its long-term cost structure;
(4) a sustainable source of revenue is available for operations and
maintenance of the project and the project will reduce overall life-
cycle costs; (5) the project will maintain or improve transportation
infrastructure that supports border security functions; and (6) the
project includes a plan to maintain the transportation infrastructure
in a state of good repair. The Department will prioritize projects that
ensure the good condition of transportation infrastructure, including
rural transportation infrastructure, that support commerce and economic
growth.
(c) Economic Competitiveness
The Department will assess whether the project will (1) decrease
transportation costs and improve access, especially for rural
communities or communities in Opportunity Zones,\10\ through reliable
and timely access to employment centers and job opportunities; (2)
improve long-term efficiency, reliability or costs in the movement of
workers or goods; (3) increase the economic productivity of land,
capital, or labor, including assets in Opportunity Zones; (4) result in
long-term job creation and other economic opportunities; or (5) help
the United States compete in a global economy by facilitating efficient
and reliable freight movement.
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\10\ See https://www.cdfifund.gov/Pages/Opportunity-Zones.aspx
for more information on Opportunity Zones.
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Projects that address congestion in major urban areas, particularly
those that do so through the use of congestion pricing or the
deployment of advanced technology, projects that bridge gaps in service
in rural areas, and projects that attract private economic development,
all support local or regional economic competitiveness.
(d) Environmental Sustainability
The Department will consider the extent to which the project
improves energy efficiency, reduces dependence on oil, reduces
congestion-related emissions, improves water quality, avoids and
mitigates environmental impacts and otherwise benefits the environment,
including through alternative right of way uses demonstrating
innovative ways to improve or streamline environmental reviews while
maintaining the same outcomes. The Department will assess the project's
ability to: (i) reduce energy use and air or water pollution through
congestion mitigation strategies; (ii) avoid adverse environmental
impacts to air or water quality, wetlands, and endangered species; or
(iii) provide environmental benefits, such as brownfield redevelopment,
ground water recharge in areas of water scarcity, wetlands creation or
improved habitat connectivity, and stormwater mitigation.
(e) Quality of Life
The Department will consider the extent to which the project: (i)
Increases transportation choices for individuals to provide more
freedom on transportation decisions; (ii) expands access to essential
services for communities across the United States, particularly for
rural communities; or (iii) improves connectivity for citizens to jobs,
health care, and other critical destinations, particularly for rural
communities. Americans living in rural areas and on Tribal lands
continue to disproportionately lack access and connectivity, and the
Department will consider whether and the extent to which the
construction of the transportation project will allow concurrent
installation of fiber or other broadband deployment as an essential
service.
ii. Secondary Selection Criteria
(a) Innovation
The Department will assess the extent to which the applicant uses
innovative strategies, including: (i) Innovative technologies, (ii)
innovative project delivery, or (iii) innovative financing.
[[Page 16941]]
(i) Innovative Technologies
DOT will assess innovative approaches to transportation safety,
particularly in relation to automated vehicles and the detection,
mitigation, and documentation of safety risks. When making BUILD
Transportation grant award decisions, the Department will consider any
innovative safety approaches proposed by the applicant, particularly
projects which incorporate innovative design solutions, enhance the
environment for automated vehicles, or use technology to improve the
detection, mitigation, and documentation of safety risks. Innovative
safety approaches may include, but are not limited to:
Conflict detection and mitigation technologies (e.g.,
intersection alerts and signal prioritization);
Dynamic signaling, smart traffic signals, or pricing
systems to reduce congestion;
Traveler information systems, to include work zone data
exchanges;
Signage and design features that facilitate autonomous or
semi-autonomous vehicle technologies;
Applications to automatically capture and report safety-
related issues (e.g., identifying and documenting near-miss incidents);
and
Cybersecurity elements to protect safety-critical systems.
For innovative safety proposals, the Department will evaluate
safety benefits that those approaches could produce and the broader
applicability of the potential results. DOT will also assess the extent
to which the project uses innovative technology that supports surface
transportation to significantly enhance the operational performance of
the transportation system.
Innovative technologies include: Broadband deployment and the
installation of high-speed networks concurrent with the project
construction; connecting Intelligent Transportation System (ITS)
infrastructure; and providing direct fiber connections that support
surface transportation to public and private entities, which can
provide a platform and catalyst for growth of rural communities. The
Department will consider whether and the extent to which the
construction of the transportation project will allow concurrent
broadband deployment and the installation of high-speed networks.
(ii) Innovative Project Delivery
DOT will consider the extent to which the project utilizes
innovative practices in contracting (such as public-private
partnerships), congestion management, asset management, or long-term
operations and maintenance.
The Department also seeks projects that employ innovative
approaches to improve the efficiency and effectiveness of the
environmental permitting and review to accelerate project delivery and
achieve improved outcomes for communities and the environment. The
Department's objective is to achieve timely and consistent
environmental review and permit decisions. Accordingly, projects from
States with NEPA assignment authority under 23 U.S.C. 327 are
considered to use an innovative approach to project delivery.
Participation in innovative project delivery approaches will not remove
any statutory requirements affecting project delivery.
While BUILD Transportation grant award recipients are not required
to employ innovative approaches, the Department encourages BUILD
Transportation grant applicants to describe innovative project delivery
methods for proposed projects.
Additionally, DOT is interested in projects that apply innovative
strategies to improve the efficiency of project development or expedite
project delivery by using FHWA's Special Experimental Project No. 14
(SEP-14) and Special Experimental Project No. 15 (SEP-15). Under SEP-14
and SEP-15, FHWA may waive statutory and regulatory requirements under
title 23 on a project-by-project basis to explore innovative processes
that could be adopted through legislation. This experimental authority
is available to test changes that would improve the efficiency of
project delivery in a manner that is consistent with the purposes
underlying existing requirements; it is not available to frustrate the
purposes of existing requirements.
When making BUILD Transportation grant award decisions, the
Department will consider the applicant's proposals to use SEP-14 or
SEP-15, whether the proposals are consistent with the objectives and
requirements of those programs, the potential benefits that
experimental authorities or waivers might provide to the project, and
the broader applicability of potential results. The Department is not
replacing the application processes for SEP-14 or SEP-15 with this
notice or the BUILD Transportation grant program application. Instead,
it seeks detailed expressions of interest in those programs. If
selected for an BUILD Transportation grant award, the applicant would
need to satisfy the relevant programs' requirements and complete the
appropriate application processes. Selection for a BUILD Transportation
grant award does not mean a project's SEP-14 or SEP-15 proposal has
been approved. The Department will make a separate determination in
accordance with those programs' processes on the appropriateness of a
waiver.
(iii) Innovative Financing
DOT will assess the extent to which the project incorporates
innovations in transportation funding and finance through both
traditional and innovative means, including by using private sector
funding or financing and recycled revenue from the competitive sale or
lease of publicly owned or operated assets.
(b) Partnership
The Department will consider the extent to which projects
demonstrate strong collaboration among a broad range of stakeholders.
Projects with strong partnership typically involve multiple partners in
project development and funding, such as State and local governments,
other public entities, and private or nonprofit entities. DOT will
consider applicants that partner with State, local, or private entities
for the completion and operation of transportation infrastructure to
have strong partnership. DOT will also assess the extent to which the
project application demonstrates collaboration among neighboring or
regional jurisdictions to achieve local or regional benefits. In the
context of public-private partnerships, DOT will assess the extent to
which partners are encouraged to ensure long-term asset performance,
such as through pay-for-success approaches.
DOT will also consider the extent to which projects include
partnerships that bring together diverse transportation agencies or are
supported, financially or otherwise, by other stakeholders that are
pursuing similar objectives. For example, DOT will consider the extent
to which transportation projects are coordinated with economic
development, housing, water and waste infrastructure, power and
electric infrastructure, broadband and land use plans and policies or
other public service efforts.
ii. Demonstrated Project Readiness
During application evaluation, the Department may consider project
readiness to assess the likelihood of a successful project. In that
analysis, the Department will consider significant risks to successful
completion of a project, including risks associated with environmental
review, permitting,
[[Page 16942]]
technical feasibility, funding, and the applicant's capacity to manage
project delivery. Risks do not disqualify projects from award, but
competitive applications clearly and directly describe achievable risk
mitigation strategies. A project with mitigated risks or with a risk
mitigation plan is more competitive than a comparable project with
unaddressed risks.
iii. Project Costs and Benefits
The Department may consider the costs and benefits of projects
seeking BUILD Transportation grant funding. To the extent possible, the
Department will rely on quantitative, data-supported analysis to assess
how well a project addresses this criterion, including an assessment of
the project's estimated benefit-cost ratio and net quantifiable
benefits based on the applicant-supplied BCA described in Section
D.2.vi.
iv. Additional Considerations
The FY 2019 Appropriations Act requires the Department to consider
contributions to geographic diversity among recipients, including the
need for a balance between the needs of rural and urban communities
when selecting BUILD Transportation grant awards.
2. Review and Selection Process
DOT reviews all eligible applications received by the deadline. The
BUILD Transportation grants review and selection process consists of at
least Technical Review and Senior Review. In the Technical Review,
teams comprising staff from the Office of the Secretary (OST) and
operating administrations review all eligible applications and rate
projects based on how well the projects align with the selection
criteria. The Senior Review Team, which includes senior leadership from
OST and the operating administrations, determines which projects to
advance to the Secretary as Highly Rated. The FY 2019 Appropriations
Act mandated BUILD Transportation grant awards by November 12, 2019.
The Secretary selects from the Highly Rated projects for final awards.
3. Additional Information
Prior to award, each selected applicant will be subject to a risk
assessment as required by 2 CFR 200.205. The Department must review and
consider any information about the applicant that is in the designated
integrity and performance system accessible through SAM (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS).
An applicant may review information in FAPIIS and comment on any
information about itself. The Department will consider 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.
F. Federal Award Administration Information
1. Federal Award Notice
Following the evaluation outlined in Section E, the Secretary will
announce awarded projects by posting a list of selected projects at
www.transportation.gov/BUILDgrants. Notice of selection is not
authorization to begin performance. Following that announcement, the
relevant operating administration will contact the point of contact
listed in the SF 424 to initiate negotiation of the grant agreement for
authorization.
2. Administrative and National Policy Requirements
All awards will be administered pursuant to the Uniform
Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards found in 2 CFR part 200, as adopted by DOT at 2 CFR part
1201. Federal wage rate requirements included in subchapter IV of
chapter 31 of title 40, U.S.C., apply to all projects receiving funds
under this program, and apply to all parts of the project, whether
funded with BUILD Transportation Grant funds, other Federal funds, or
non-Federal funds.
In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, recipients of funds
must comply with all applicable requirements of Federal law, including,
without limitation, the Constitution of the United States; the
conditions of performance, non-discrimination requirements, and other
assurances made applicable to the award of funds in accordance with
regulations of the Department of Transportation; and applicable Federal
financial assistance and contracting principles promulgated by the
Office of Management and Budget. In complying with these requirements,
recipients, in particular, must ensure that no concession agreements
are denied or other contracting decisions made on the basis of speech
or other activities protected by the First Amendment. If the Department
determines that a recipient has failed to comply with applicable
Federal requirements, the Department may terminate the award of funds
and disallow previously incurred costs, requiring the recipient to
reimburse any expended award funds.
Additionally, applicable Federal laws, rules and regulations of the
relevant operating administration administering the project will apply
to the projects that receive BUILD Transportation grant awards,
including planning requirements, Service Outcome Agreements,
Stakeholder Agreements, Buy America compliance, and other requirements
under DOT's other highway, transit, rail, and port grant programs. In
particular, Executive Order 13858 directs the Executive Branch
Departments and agencies to maximize the use of goods, products, and
materials produced in the United States through the terms and
conditions of Federal financial assistance awards. If selected for an
award, grantees must be prepared to demonstrate how they will maximize
the use of domestic goods, products, and materials in constructing
their project BUILD Transportation grant projects involving vehicle
acquisition must involve only vehicles that comply with applicable
Federal Motor Vehicle Safety Standards and Federal Motor Vehicle Safety
Regulations, or vehicles that are exempt from Federal Motor Carrier
Safety Standards or Federal Motor Carrier Safety Regulations in a
manner that allows for the legal acquisition and deployment of the
vehicle or vehicles.
For projects administered by FHWA, applicable Federal laws, rules,
and regulations set forth in Title 23 U.S.C. and Title 23 CFR apply,
including the 23 U.S.C. 129 restrictions on the use of toll revenues,
and Section 4(f) preservation of parklands and historic properties
requirements under 23 U.S.C. 138. .For an illustrative list of the
other applicable laws, rules, regulations, executive orders, polices,
guidelines, and requirements as they relate to a BUILD Transportation
grant project administered by the FHWA, please see https://ops.fhwa.dot.gov/Freight/infrastructure/tiger/fy2016_gr_exhbt/index.htm.
For BUILD Transportation projects administered by the Federal
Transit Administration and partially funded with Federal transit
assistance, all relevant requirements under chapter 53 of title 49
U.S.C. apply. For transit projects funded exclusively with BUILD
Transportation grant funds, some requirements of chapter 53 of title 49
U.S.C. and chapter VI of title 49 CFR apply.
For projects administered by the Federal Railroad Administration,
FRA requirements described in 49 U.S.C. Subtitle V, Part C apply.
[[Page 16943]]
For each project that receives a BUILD Transportation grant award,
the terms of the award will require the recipient to complete the
project using at least the level of non-Federal funding that was
specified in the application. If the actual costs of the project are
greater than the costs estimated in the application, the recipient will
be responsible for increasing the non-Federal contribution. If the
actual costs of the project are less than the costs estimated in the
application, DOT will generally reduce the Federal contribution.
3. Reporting
i. Progress Reporting on Grant Activities
Each applicant selected for BUILD Transportation grant funding must
submit quarterly progress reports and Federal Financial Reports (SF-
425) to monitor project progress and ensure accountability and
financial transparency in the BUILD Transportation grant program.
ii. System Performance Reporting
Each applicant selected for BUILD Transportation grant funding must
collect and report to the DOT information on the project's performance.
The specific performance information and reporting time period will be
determined on a project-by-project basis. Performance indicators will
not include formal goals or targets, but will include observed measures
under baseline (pre-project) as well as post-implementation outcomes,
and will be used to evaluate and compare projects and monitor the
results that grant funds achieve to the intended long-term outcomes of
the BUILD Transportation grant program are achieved. To the extent
possible, performance indicators used in the reporting should align
with the measures included in the application and should relate to at
least one of the selection criteria defined in Section E. Performance
reporting continues for several years after project construction is
completed, and DOT does not provide BUILD Transportation grant funding
specifically for performance reporting.
iii. Reporting of Matters Related to Recipient Integrity and
Performance
If the total value of a selected applicant's currently active
grants, cooperative agreements, and procurement contracts from all
Federal awarding agencies exceeds $10,000,000 for any period of time
during the period of performance of this Federal award, then the
applicant during that period of time must maintain the currency of
information reported to the SAM that is made available in the
designated integrity and performance system (currently FAPIIS) about
civil, criminal, or administrative proceedings described in paragraph 2
of this award term and condition. This is a statutory requirement under
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As
required by section 3010 of Public Law 111-212, all information posted
in the designated integrity and performance system on or after April
15, 2011, except past performance reviews required for Federal
procurement contracts, will be publicly available.
G. Federal Awarding Agency Contacts
For further information concerning this notice please contact the
BUILD Transportation grant program staff via email at
[email protected], or call Howard Hill at 202-366-0301. A TDD is
available for individuals who are deaf or hard of hearing at 202-366-
3993. In addition, DOT will post answers to questions and requests for
clarifications on DOT's website at www.transportation.gov/BUILDgrants.
To ensure applicants receive accurate information about eligibility or
the program, the applicant is encouraged to contact DOT directly,
rather than through intermediaries or third parties, with questions.
DOT staff may also conduct briefings on the BUILD Transportation grant
selection and award process upon request.
H. Other information
1. Protection of Confidential Business Information
All information submitted as part of or in support of any
application shall use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If the applicant submits information
that the applicant considers to be a trade secret or confidential
commercial or financial information, the applicant must provide that
information in a separate document, which the applicant may cross-
reference from the application narrative or other portions of the
application. For the separate document containing confidential
information, the applicant must do the following: (1) State on the
cover of that document that it ``Contains Confidential Business
Information (CBI)''; (2) mark each page that contains confidential
information with ``CBI''; (3) highlight or otherwise denote the
confidential content on each page; and (4) at the end of the document,
explain how disclosure of the confidential information would cause
substantial competitive harm. DOT will protect confidential information
complying with these requirements to the extent required under
applicable law. If DOT receives a Freedom of Information Act (FOIA)
request for the information that the applicant has marked in accordance
with this section, DOT will follow the procedures described in its FOIA
regulations at 49 CFR 7.29. Only information that is in the separate
document, marked in accordance with this section, and ultimately
determined to be confidential under Sec. 7.29 will be exempt from
disclosure under FOIA.
2. Publication/Sharing of Application Information
Following the completion of the selection process and announcement
of awards, the Department intends to publish a list of all applications
received along with the names of the applicant organizations and
funding amounts requested. Except for the information properly marked
as described in Section H.1., the Department may make application
narratives publicly available or share application information within
the Department or with other Federal agencies if the Department
determines that sharing is relevant to the respective program's
objectives.
3. Department Feedback on Applications
The Department strives to provide as much information as possible
to assist applicants with the application process. The Department will
not review applications in advance, but Department staff are available
for technical questions and assistance. To efficiently use Department
resources, the Department will prioritize interactions with applicants
who have not already received a debrief on their FY 2018 BUILD
Transportation grant application. Program staff will address questions
to [email protected] throughout the application period. Department
staff will make reasonable efforts to schedule meetings on projects
through May 31, 2019. After that date, Department staff will schedule
meetings only to the extent possible and consistent with timely
completion of other activities.
Issued On: April 16, 2019.
Elaine L. Chao,
Secretary.
[FR Doc. 2019-08137 Filed 4-22-19; 8:45 am]
BILLING CODE 4910-9X-P
