Notice of Funding Opportunity for the Federal-State Partnership for State of Good Repair Program

Published date10 June 2020
Citation85 FR 35497
Record Number2020-12542
SectionNotices
CourtFederal Railroad Administration
Federal Register, Volume 85 Issue 112 (Wednesday, June 10, 2020)
[Federal Register Volume 85, Number 112 (Wednesday, June 10, 2020)]
                [Notices]
                [Pages 35497-35507]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-12542]
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                DEPARTMENT OF TRANSPORTATION
                Federal Railroad Administration
                Notice of Funding Opportunity for the Federal-State Partnership
                for State of Good Repair Program
                AGENCY: Federal Railroad Administration (FRA), Department of
                Transportation (DOT).
                ACTION: Notice of Funding Opportunity (NOFO or notice).
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                SUMMARY: This notice details the application requirements and
                procedures to obtain grant funding for eligible projects under the
                Federal-State Partnership for State of Good Repair Program (Partnership
                Program). This notice solicits applications for Partnership Program
                funds made available by the Further Consolidated Appropriations Act,
                2020 (2020 Appropriations Act) and the Consolidated Appropriations Act,
                2019 (2019 Appropriations Act). The opportunity described in this
                notice is made available under Catalog of Federal Domestic Assistance
                (CFDA) number 20.326, ``Federal-State Partnership for State of Good
                Repair.''
                DATES: Applications for funding under this solicitation are due no
                later than 5:00 p.m. ET, July 27, 2020. FRA will not consider
                applications for funding or supplemental material in support of an
                application received after 5:00 p.m. ET, on July 27, 2020 or incomplete
                applications for funding. See Section D of this notice for additional
                information on the application process.
                ADDRESSES: Applications must be submitted via www.Grants.gov. Only
                applicants who comply with all submission requirements described in
                this notice and submit applications through www.Grants.gov will be
                eligible for award. For any supporting application materials that an
                applicant is unable to submit via www.Grants.gov (such as oversized
                engineering drawings), an applicant may submit an original and two (2)
                copies to Bryan Rodda, Office of Policy and Planning, Federal Railroad
                Administration, 1200 New Jersey Avenue SE, Room W38-203, Washington, DC
                20590. However, due to delays caused by enhanced screening of mail
                delivered via the U.S. Postal Service, applicants are advised to use
                other means of conveyance (such as courier service) to assure timely
                receipt of materials before the application deadline.
                FOR FURTHER INFORMATION CONTACT: For further information related to
                this notice, please contact Mr. Bryan Rodda, Office of Policy and
                Planning, Federal Railroad Administration, 1200 New Jersey Avenue SE,
                Room W38-203, Washington, DC 20590; email: [email protected]; phone:
                202-493-0443, or Ms. Ruthie Americus, Office of Policy and Planning,
                Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W36-
                403, Washington, DC 20590; email: [email protected]; phone: 202-
                493-0431.
                SUPPLEMENTARY INFORMATION:
                 Notice to applicants: FRA recommends that applicants read this
                notice in its entirety prior to preparing application materials.
                Definitions of key terms used throughout the NOFO are provided in
                Section A(2). These key terms are capitalized throughout the NOFO.
                There are several administrative and eligibility requirements described
                herein with which applicants must comply. Additionally, applicants
                should note that the required Project Narrative component of the
                application package may not exceed 25 pages in length.
                Table of Contents:
                A. Program Description
                B. Federal Award Information
                C. Eligibility Information
                D. Application and Submission Information
                E. Application Review Information
                F. Federal Award Administration Information
                G. Federal Awarding Agency Contacts
                H. Other Information
                A. Program Description
                1. Overview
                 The purpose of this notice is to solicit applications for grants
                for Capital Projects within the United States to repair, replace, or
                rehabilitate Qualified Railroad Assets to reduce the state of good
                repair backlog and improve Intercity Passenger Rail performance under
                the Partnership Program. The Partnership Program provides a Federal
                funding opportunity to leverage private, state, and local investments
                to improve significantly American rail infrastructure. The Partnership
                Program is authorized in Sections 11103 and 11302 of the Passenger Rail
                Reform and Investment Act of 2015 (Title XI of the
                [[Page 35498]]
                Fixing America's Surface Transportation (FAST) Act, Public Law 114-94
                (2015)); codified at 49 U.S.C. 24911 and this NOFO is funded by the
                2020 Appropriations Act and 2019 Appropriations Act.
                 DOT recognizes the importance of applying life cycle asset
                management principles throughout America's infrastructure. It is
                important for rail infrastructure owners and operators, as well as
                those who may apply on their behalf, to plan for the maintenance and
                replacement of assets and the associated costs. In light of recent
                fatal passenger rail accidents, DOT particularly recognizes the
                opportunity to enhance safety in both track and equipment through this
                grant program and encourages the submission of proposed projects to
                grade-separate or otherwise improve safety at highway-rail grade
                crossings.
                 The Partnership Program is intended to benefit both the Northeast
                Corridor (``NEC'') and public or Amtrak-owned or controlled
                infrastructure, equipment, and facilities located in other areas of the
                country. Applicants should note that the Partnership Program has
                distinct eligibility requirements based on project location. In
                addition to the generally applicable requirements, applicants proposing
                NEC Projects should specifically review the NEC-specific requirements
                provided in Section C(3)(b), and the Qualified Railroad Asset
                information provided in Section D(2)(a)(vi) while applicants proposing
                Non-NEC Projects should review the Qualified Railroad Asset information
                provided in Section D(2)(a)(v).
                2. Definitions of Key Terms
                 a. ``Benefit-Cost Analysis'' (or ``Cost-Benefit Analysis'') is a
                systematic, data-driven, and transparent analysis comparing monetized
                project benefits and costs, using a no-build baseline and properly
                discounted present values, including concise documentation of the
                assumptions and methodology used to produce the analysis, a description
                of the baseline, data sources used to project outcomes, values of key
                input parameters, basis of modeling (including spreadsheets, technical
                memos, etc.), and presentation of the calculations in sufficient detail
                and transparency to allow the analysis to be reproduced and sensitivity
                of results evaluated by FRA. Please refer to the Benefit-Cost Analysis
                (BCA) Guidance for Discretionary Grant Programs prior to preparing a
                BCA at https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance. In addition, please also refer
                to the BCA FAQs on FRA's website for rail-specific examples of how to
                apply the BCA Guidance for Discretionary Grant Programs to Partnership
                Program applications.
                 b. ``Capital Project'' means a project primarily intended to
                replace, rehabilitate, or repair major infrastructure assets utilized
                for providing Intercity Passenger Rail service, including tunnels,
                bridges, stations, and other assets, as determined by the Secretary of
                Transportation; or a project primarily intended to improve Intercity
                Passenger Rail performance, including reduced trip times, increased
                train frequencies, and higher operating speeds, and other improvements,
                as determined by the Secretary, consistent with 49 U.S.C. 24911(a)(2).
                 c. ``Commuter Rail Passenger Transportation'' means short-haul rail
                passenger transportation in metropolitan and suburban areas usually
                having reduced fare, multiple ride, and commuter tickets and morning
                and evening peak period operations, consistent with 49 U.S.C. 24102(3).
                 d. ``Intercity Rail Passenger Transportation'' means rail passenger
                transportation, except Commuter Rail Passenger Transportation,
                consistent with 49 U.S.C. 24911(a)(3). In this notice, ``Intercity
                Passenger Rail'' is an equivalent term to ``Intercity Rail Passenger
                Transportation.''
                 e. ``Major Capital Project'' means a Capital Project with an
                estimated total project cost of $300 million or more.
                 f. ``NEC Project'' means a Capital Project where the Qualified
                Railroad Assets involved in the project are part of, or in primary use
                for, the Northeast Corridor (``NEC'').
                 g. ``Non-NEC Project'' means a Capital Project where the Qualified
                Railroad Assets involved in the project are not part of, or are not in
                primary use for, the Northeast Corridor (``NEC'').
                 h. ``Northeast Corridor'' (``NEC'') means the main rail line
                between Boston, Massachusetts, and the District of Columbia; the branch
                rail lines connecting to Harrisburg, Pennsylvania, Springfield,
                Massachusetts, and Spuyten Duyvil, New York; and facilities and
                services used to operate and maintain these lines, consistent with 49
                U.S.C. 24911(a)(4).
                 i. A ``Qualified Railroad Asset,'' consistent with 49 U.S.C.
                24911(a)(5), means infrastructure, equipment, or a facility that:
                 i. Is owned or controlled by an eligible applicant;
                 ii. is contained in the planning document developed under 49 U.S.C.
                24904 and for which a cost-allocation policy has been developed under
                49 U.S.C. 24905(c), or is contained in an equivalent planning document
                and for which a similar cost-allocation policy has been developed; and
                 iii. was not in a State of Good Repair on the date of enactment of
                the Passenger Rail Reform and Investment Act of 2015 (December 4,
                2015).
                 See Section D(2)(a), Project Narrative, for further details about
                the Qualified Railroad Asset requirements and application submission
                instructions related to Qualified Railroad Assets.\1\
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                 \1\ For any project that includes purchasing intercity passenger
                rail equipment, applicants are encouraged to use a standardized
                approach to the procurement, such as the specifications developed by
                the Next Generation Corridor Equipment Pool Committee or a similarly
                uniform process.
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                 j. ``State of Good Repair'' means a condition in which physical
                assets, both individually and as a system, are (A) performing at a
                level at least equal to that called for in their as-built or as-
                modified design specification during any period when the life cycle
                cost of maintaining the assets is lower than the cost of replacing
                them; and (B) sustained through regular maintenance and replacement
                programs, consistent with 49 U.S.C. 24102(12).
                B. Federal Award Information
                1. Available Award Amount
                 The total funding available for awards under this NOFO is
                $291,422,706, which is composed of $198,000,00 made available by the
                2020 Appropriations Act and $93,422,706 that remains unawarded from the
                2019 Appropriations Act. Should additional Partnership Program funds
                become available after the release of this NOFO, FRA may elect to award
                such additional funds to applications received under this NOFO. Any
                selection and award under this NOFO is subject to the availability of
                appropriated funds.
                2. Award Size
                 There are no minimum or maximum dollar thresholds for awards. FRA
                anticipates making multiple awards with the available funding. Given
                the limited amount of funding currently available, FRA may not be able
                to award grants to all eligible applications, nor even to all
                applications that meet or exceed the stated evaluation criteria (see
                Section E, Application Review Information). Applicants are encouraged
                to identify scalable elements such as project components that have
                operational independence. (See Section C(3)(c) for more information.)
                 FRA strongly encourages applicants to identify and include other
                state, local, public, or private funding or financing to support the
                proposed project to maximize competitiveness.
                [[Page 35499]]
                 Applicants proposing a Major Capital Project are encouraged to
                identify and describe project phases or elements that could be
                candidates for subsequent Partnership Program funding, if such funding
                becomes available. Applications for a Major Capital Project that would
                seek future funds beyond funding made available in this notice should
                indicate anticipated annual Federal funding requests from this program
                for the expected duration of the project. FRA may issue Letters of
                Intent to Partnership Program grant recipients proposing Major Capital
                Projects under 49 U.S.C. 24911(g); such Letters of Intent would serve
                to announce FRA's intention to obligate an amount from future available
                budget authority toward a grant recipient's future project phases or
                elements. A Letter of Intent is not an obligation of the Federal
                government and is subject to the availability of appropriations for
                Partnership Program grants and subject to Federal laws in force or
                enacted after the date of the Letter of Intent.
                3. Award Type
                 FRA will make awards for projects selected under this notice
                through grant agreements and/or cooperative agreements. Grant
                agreements are used when FRA does not expect to have substantial
                Federal involvement in carrying out the funded activity. Cooperative
                agreements allow for substantial Federal involvement in carrying out
                the agreed upon investment, including technical assistance, review of
                interim work products, and increased program oversight under 2 CFR
                200.24. The term ``grant'' is used throughout this document and is
                intended to reference funding awarded through a grant agreement, as
                well as funding awarded through a cooperative agreement. The funding
                provided under this NOFO will be made available to grantees on a
                reimbursable basis. Applicants must certify that their expenditures are
                allowable, allocable, reasonable, and necessary to the approved project
                before seeking reimbursement from FRA. Additionally, the grantee is
                expected to expend matching funds at the required percentage concurrent
                with Federal funds throughout the life of the project. See an example
                of standard terms and conditions for FRA grant awards at: https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions. This template is subject to revision.
                4. Concurrent Applications
                 DOT and FRA may be concurrently soliciting applications for
                transportation infrastructure projects for several financial assistance
                programs. Applicants may submit applications requesting funding for a
                particular project to one or more of these programs. In the application
                for Partnership Program funding under this NOFO, applicants must
                indicate the other program(s) to which they submitted or plan to submit
                an application for funding the entire project or certain project
                components, as well as highlight new or revised information in the
                Partnership Program application that differs from the application(s)
                submitted for other Federal financial assistance programs.
                C. Eligibility Information
                 This section of the notice explains applicant eligibility, cost
                sharing and matching requirements, project eligibility, and project
                component operational independence. Applications that do not meet the
                requirements in this section will be ineligible for funding.
                Instructions for submitting eligibility information to FRA are detailed
                in Section D of this NOFO.
                1. Eligible Applicants
                 The following entities are eligible applicants for all projects
                permitted under this notice:
                 (1) A state (including the District of Columbia);
                 (2) a group of states;
                 (3) an Interstate Compact;
                 (4) a public agency or publicly chartered authority established by
                one or more states; \2\
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                 \2\ See Section D(2)(a)(iv) for supporting documentation
                required to demonstrate eligibility under this eligibility category.
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                 (5) a political subdivision of a state;
                 (6) Amtrak, acting on its own behalf or under a cooperative
                agreement with one or more states; or
                 (7) any combination of the entities described in (1) through (6).
                 Applications must identify a lead applicant. The lead applicant
                serves as the primary point of contact for the application, and if
                selected, as the recipient of the Partnership Program grant award. To
                submit a joint application, the lead applicant must identify the joint
                applicant(s) and include a signed statement from an authorized
                representative of each joint applicant entity that affirms the entity
                joins the application. See Section D(2) for further instructions about
                submitting a joint application.
                 An application submitted by Amtrak and one or more states whether
                eligible under (1), (2) or (6) above, must identify the lead applicant
                and include a signed cooperative agreement between Amtrak and the
                state(s) consistent with 49 U.S.C. 24911(a)(1)(F). Selection preference
                will be provided for joint applications, as further discussed in
                Section E(1)(c). Applications may reference entities that are not
                eligible applicants (e.g., private sector firms) in an application as a
                project partner. However, FRA will provide selection preference to
                joint applications submitted by multiple eligible applicants.
                2. Cost Sharing or Matching
                 The Federal share of total costs for a project funded under the
                Partnership Program shall not exceed 80 percent, though FRA will
                provide selection preference to applications where the proposed Federal
                share of total project costs is 50 percent or less. The estimated total
                cost of a project must be based on the best available information,
                including engineering studies, studies of economic feasibility,
                environmental analyses, and information on the expected use of
                equipment and facilities. The minimum 20 percent non-Federal share may
                be comprised of public sector (e.g., state or local) or private sector
                funding. FRA will not consider any Federal financial assistance \3\ or
                any non-Federal funds already expended (or otherwise encumbered) toward
                the matching requirement, unless compliant with 2 CFR part 200.
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                 \3\ See Section D(2)(a)(iii) for supporting information required
                to demonstrate eligibility of Federal funds for use as match.
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                 FRA will give preference to applications proposing cash
                contributions for the required 20 percent of the non-Federal share.
                Eligible in-kind contributions may also be accepted for any non-Federal
                matching beyond the required 20 percent. In-kind contributions,
                including the donation of services, materials, and equipment, may be
                credited as a project cost, in a uniform manner consistent with 2 CFR
                200.306. Moreover, FRA encourages applicants to broaden their funding
                table in applications. FRA will give preference to applications
                proposing a non-Federal share exceeding the required 20 percent,
                providing the required 20 percent non-Federal share as a cash
                contribution, and consisting of funding from multiple sources that
                demonstrate broad participation and cost sharing from affected
                stakeholders. If Amtrak is an applicant, Amtrak may use its ticket and
                other non-Federal revenues generated from its operations and other
                sources to satisfy the non-Federal share
                [[Page 35500]]
                requirements. Applicants must identify the source(s) of their matching
                and other funds and must clearly and distinctly reflect these funds as
                part of the total project cost.
                 Before applying, applicants should carefully review the principles
                for cost sharing or matching in 2 CFR 200.306. FRA will only approve
                pre-award costs consistent with 2 CFR 200.458. See Section D(6). Cost
                sharing or matching may be used only for authorized Federal award
                purposes. Additionally, in preparing estimates of total project costs,
                applicants should refer to FRA's cost estimate guidance, ``Capital Cost
                Estimating: Guidance for Project Sponsors,'' which is available at:
                https://www.fra.dot.gov/Page/P0926.
                3. Other
                a. Project Eligibility
                 Projects eligible for Partnership Program funds include Capital
                Projects within the United States to replace or rehabilitate Qualified
                Railroad Assets and improve Intercity Passenger Rail performance,
                including:
                 (1) Capital Projects to replace existing assets in-kind;
                 (2) Capital Projects to replace existing assets with assets that
                increase capacity or provide a higher level of service;
                 (3) Capital Projects to ensure that service can be maintained while
                existing assets are brought to a State of Good Repair; and
                 (4) Capital Projects to bring existing assets into a State of Good
                Repair.
                 Qualified Railroad Assets, as further defined in Section A(2), are
                owned or controlled by an eligible applicant and may include:
                Infrastructure, including track, ballast, switches and interlockings,
                bridges, communication and signal systems, power systems, highway-rail
                grade crossings, and other railroad infrastructure and support systems
                used in intercity passenger rail service; stations, including station
                buildings, support systems, signage, and track and platform areas;
                equipment, including passenger cars, locomotives, and maintenance-of-
                way equipment; and facilities, including yards and terminal areas and
                maintenance shops.
                 Capital Projects, as further defined in Section A(2), may include
                final design; however, final design costs will only be eligible in
                conjunction with an award for project construction. Environmental and
                related clearances, including all work necessary for FRA to approve the
                project under the National Environmental Policy Act (NEPA) and related
                statutes and regulations are not eligible for funding under this
                notice. (See Section D(2)(a)(ix) for additional information.) Eligible
                projects with completed environmental and engineering documents
                indicate strong project readiness.
                b. Additional Eligibility Requirements for NEC Projects
                 This section provides additional eligibility requirements for NEC
                Projects. Applicants proposing Non-NEC Projects are not subject to the
                requirements in this section and may proceed to Section C(3)(c).
                 In the Partnership Program, grant funds may not be provided to an
                eligible recipient for an eligible NEC Project unless Amtrak and the
                public authorities providing commuter rail passenger transportation at
                the eligible project location on the NEC are in compliance with 49
                U.S.C. 24905(c)(2). Applicants must demonstrate compliance with 49
                U.S.C. 24905(c)(2) by describing the status of compliance with such
                cost-allocation policy between Amtrak and the public authorities
                providing commuter rail passenger transportation at the eligible
                project location, which may include demonstrating that such authorities
                are excepted from allocating costs for the proposed NEC Project,
                consistent with 49 U.S.C. 24905(c)(1)(A)(ii). Such providers must
                maintain compliance with 49 U.S.C. 24905(c)(2) for the duration of the
                project.
                c. Project Component Operational Independence
                 If an applicant requests funding for a project that is a component
                or set of components of a larger project, the project component(s) must
                be attainable with the award amount and comply with all eligibility
                requirements described in Section C.
                 In addition, the component(s) must enable independent analysis and
                decision making, as determined by FRA under NEPA (i.e., have
                independent utility, connect logical termini, and do not restrict the
                consideration of alternatives for other reasonably foreseeable rail
                projects). Components must have independent utility for use in the BCA.
                D. Application and Submission Information
                 Required documents for the application are outlined in the
                following paragraphs. Applicants must complete and submit all
                components of the application. See Section D(2) for the application
                checklist. FRA welcomes the submission of additional relevant
                supporting documentation, such as planning, engineering and design
                documentation, and letters of support from partnering organizations
                that will not count against the Project Narrative page limit.
                1. Address To Request Application Package
                 Applicants must submit all application materials in their entirety
                through http://www.Grants.gov no later than 5:00 p.m. ET, on July 27,
                2020. Applicants are strongly encouraged to apply early to ensure that
                all materials are received before the application deadline. FRA
                reserves the right to modify this deadline. General information for
                submitting applications through Grants.gov can be found at: https://www.fra.dot.gov/Page/P0270. FRA is committed to ensuring that
                information is available in appropriate alternative formats to meet the
                requirements of persons who have a disability. If you require an
                alternative version of files provided, please contact Mr. Bryan Rodda,
                Office of Policy and Planning, Federal Railroad Administration,1200 New
                Jersey Avenue SE, Room W38-203, Washington, DC 20590; email:
                [email protected]
                2. Content and Form of Application Submission
                 FRA strongly advises applicants to read this section carefully.
                Applicants must submit all required information and components of the
                application package to be considered for funding. Additionally,
                applicants selected to receive funding must satisfy the requirements in
                49 U.S.C. 22905 explained in part at https://www.fra.dot.gov/page/P0185.
                 Required documents for an application package are outlined in the
                checklist below.
                 Project Narrative (see D.2.a).
                 Statement of Work (see D.2.b.i).
                 Benefit-Cost Analysis (see D.2.b.ii).
                 Environmental Compliance Documentation (see D.2.b.iii).
                 SF424--Application for Federal Assistance.
                 SF 424C--Budget Information for Construction, or, for an
                equipment procurement project without any construction costs, or SF
                424A--Budget Information for Non-Construction.
                 SF 424D--Assurances for Construction, or, for an equipment
                procurement project without any construction costs, or SF 424B--
                Assurances for Non-Construction.
                 FRA's Additional Assurances and Certifications.
                 SF LLL--Disclosure of Lobbying Activities.
                [[Page 35501]]
                a. Project Narrative
                 This section describes the minimum content required in the Project
                Narrative of grant applications. The Project Narrative must follow the
                basic outline below to address the program requirements and assist
                evaluators in locating relevant information.
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                I. Cover Page........................... See D.2.a.i.
                II. Project Summary..................... See D.2.a.ii.
                III. Project Funding.................... See D.2.a.iii.
                IV. Applicant Eligibility Criteria...... See D.2.a.iv.
                V. Non-NEC Project Eligibility Criteria. See D.2.a.v.
                VI. NEC Project Eligibility Criteria.... See D.2.a.vi.
                VII. Detailed Project Description....... See D.2.a.vii.
                VIII. Project Location.................. See D.2.a.viii.
                IX. Grade Crossing Information, if See D.2.a.ix.
                 applicable.
                X. Evaluation and Selection Criteria.... See D.2.a.x.
                XI. Project Implementation and See D.2.a.xi.
                 Management.
                XII. Environmental Readiness............ See D.2.a.xii.
                ------------------------------------------------------------------------
                 The above content must be provided in a narrative statement
                submitted by the applicant. The Project Narrative may not exceed 25
                pages in length (excluding cover pages, table of contents, and
                supporting documentation). FRA will not review or consider for award
                applications with Project Narratives exceeding the 25-page limitation.
                If possible, applicants should submit supporting documents via website
                links rather than hard copies. If supporting documents are submitted,
                applicants must clearly identify the relevant portion of the supporting
                document with the page numbers of the cited information in the Project
                Narrative. The Project Narrative must adhere to the following outline.
                 i. Cover Page: Include a cover page that lists the following
                elements in either a table or formatted list:
                ------------------------------------------------------------------------
                 Project Title
                ------------------------------------------------------------------------
                Lead Applicant Organization Name........ ..............................
                Joint Applicant(s) Organization Name(s), ..............................
                 if any.
                Amount of Federal Funding Requested ..............................
                 Under this NOFO.
                Proposed Non-Federal Match.............. ..............................
                Total Project Cost...................... ..............................
                Was a Federal Grant Application Yes/No.
                 Previously Submitted for this Project?.
                If Yes, State the Name of the Federal Federal Grant Program:
                 Grant Program and Title of the Project
                 in the Previous Application.
                City(-ies), State(s) Where the Project ..............................
                 is Located.
                Congressional District(s) Where the ..............................
                 Project is Located.
                ------------------------------------------------------------------------
                 ii. Project Summary: Provide a brief 4-6 sentence summary of the
                proposed project and what the project will entail. Include challenges
                the proposed project aims to address, and summarize the intended
                outcomes and anticipated benefits that will result from the proposed
                project.
                 iii. Project Funding: Indicate the amount of Federal funding
                requested, the proposed non-Federal match, and total project cost.
                Identify the source(s) of matching and other funds, and clearly and
                distinctly reflect these funds as part of the total project cost in the
                application budget. If federal funding is proposed as match,
                demonstrate the applicant's determination of eligibility for such use,
                and the legal basis for that determination. Also, note if the requested
                Federal funding under this NOFO or other programs must be obligated or
                spent by a certain date due to dependencies or relationships with other
                Federal or non-Federal funding sources, related projects, law, or other
                factors. If applicable, provide the type and estimated value of any
                proposed contributions, as well as substantiate how the contributions
                meet the requirements in 2 CFR 200.306. For a Major Capital Project
                that would seek future funds beyond funding made available in this
                notice, provide the anticipated annual Federal funding requests from
                this grant program for the expected duration of the project. Finally,
                specify whether Federal funding for the project has previously been
                sought, and identify the Federal program and fiscal year of the funding
                request(s), as well as highlight new or revised information in the
                Partnership Program application that differs from the application(s) to
                other financial assistance programs.
                 iv. Applicant Eligibility Criteria: Explain how the lead applicant
                and joint applicant(s) meet the applicant eligibility criteria outlined
                in Section C of this notice, including references to creation or
                enabling legislation for public agencies and publicly chartered
                authorities established by one or more states. To submit a joint
                application, the lead applicant must identify the joint applicant(s)
                and include a signed statement from an authorized representative of
                each joint applicant entity that affirms the entity joins the
                application. For joint applications involving Amtrak and one or more
                states, Amtrak and the state(s) must provide a cooperative agreement
                for the project signed by authorized representatives of Amtrak and each
                state. Joint applications are expected to include a description of the
                roles and responsibilities of each applicant, including budget and
                subrecipient information showing how the applicants will share project
                costs.
                 v. Non-NEC Project Eligibility Criteria: This section provides
                project eligibility requirements for Non-NEC Projects. Applicants
                proposing NEC Projects may skip this section and proceed to section
                D(2)(a)(vi). For Non-NEC Projects, demonstrate that the proposed
                project is a Capital Project that meets the project eligibility
                criteria in Section C(3) of this notice. Further, demonstrate that the
                infrastructure, equipment and/or facilities involved in the proposed
                project are Qualified Railroad Assets under 49 U.S.C. 24911(a)(5), as
                follows:
                 (A) To demonstrate ownership or control by an eligible applicant
                under 49 U.S.C. 24911(a)(5)(A), show either:
                 (1) The lead or joint applicant owns or will, at project
                completion, have ownership of the infrastructure, equipment, or
                facility improved by the project; or
                 (2) The lead or joint applicant controls or will, at project
                completion, have control over the infrastructure, equipment, or
                facility improved by the project including by agreement with the
                infrastructure, equipment, or facility owner(s). Applicants should
                describe such agreement(s) in sufficient detail in their application
                for FRA to understand the extent of the control, including the lead or
                joint applicant's management and decision-making authority regarding
                the infrastructure, equipment, or facility improved by the project, and
                the remaining or anticipated duration of the agreement(s). Agreements
                involving railroad rights-of-way should also demonstrate the lead or
                joint applicant has train dispatching and maintenance-of-way
                responsibilities for the right-of-way.
                 (B) To demonstrate the requirements under 49 U.S.C. 24911(a)(5)(B),
                show that the infrastructure, equipment, or facilities involved in the
                proposed project are contained in a planning document equivalent to the
                planning document developed under 49 U.S.C. 24904 and for which a
                similar cost-allocation policy to the cost-allocation policy developed
                under 49 U.S.C. 24905(c) has been developed.
                 Non-NEC Projects may satisfy the equivalent planning document
                requirement by demonstrating the project is contained in the planning
                [[Page 35502]]
                document(s) prepared under 49 U.S.C. Chapter 227, ``State Rail Plans,''
                for the state(s) where the infrastructure, equipment and facilities are
                located or in primary use. Applicants with projects contained in a
                State Rail Plan should indicate the location (e.g., table or page
                number) where the project is discussed in the document. If a project is
                not contained in the State Rail Plan, applicants may demonstrate the
                infrastructure, equipment and facilities involved in the proposed
                project are contained in an equivalent planning document or amend the
                relevant State Rail Plan(s) to contain the project. Amending a State
                Rail Plan requires a letter to FRA from an authorized representative of
                the relevant state rail transportation authority adding the proposed
                project to the plan and stating that the letter serves as an addendum
                to the current plan. Such a letter should include the project name, a
                brief description of the project, and estimated project cost and
                Federal and non-Federal share by funding source. FRA encourages state
                rail transportation authorities to make any such addendum letters
                publicly available with their State Rail Plans. FRA recommends such
                letters be submitted as part of an applicant's Partnership Program
                application via Grants.gov. Whether submitted as part of a Partnership
                Program application package or separately to FRA, FRA must receive the
                letter by the application due date of this notice.
                 Non-NEC Projects must satisfy the similar cost-allocation policy
                requirement either by demonstrating the infrastructure, equipment or
                facilities involved in the proposed project are for routes subject to
                the cost-allocation policy adopted under Section 209 of the Passenger
                Rail Investment and Improvement Act of 2008 (PRIIA), Public Law 110-
                432, Oct. 16, 2008; or by demonstrating the infrastructure, equipment
                or facilities involved in the proposed project are subject to a similar
                cost-allocation policy.
                 (C) To demonstrate the state of good repair requirement under 49
                U.S.C. 24911(a)(5)(B):
                 (1) Describe the condition and performance of the infrastructure,
                equipment, or facility as of the time of enactment of the Passenger
                Rail Reform and Investment Act of 2015 (Dec. 4, 2015);
                 (2) indicate how the infrastructure, equipment, or facility's
                condition or performance falls short of the definition of ``State of
                Good Repair'' in Section A(2); and
                 (3) indicate, if known, when the infrastructure, equipment, or
                facility last received comprehensive repair, replacement, or
                rehabilitation work similar to the applicant's proposed scope of work.
                 vi. NEC Project Eligibility Criteria: This section provides project
                eligibility requirements for NEC Projects. (Applicants proposing Non-
                NEC Projects may skip this section and proceed to Section
                D(2)(a)(vii).) For NEC Projects, demonstrate that the proposed project
                is a Capital Project that meets the project eligibility criteria in
                Section C(3) of this notice including the requirements in 49 U.S.C.
                24911(e). Further, demonstrate that the infrastructure, equipment, and/
                or facilities involved in the project are Qualified Railroad Assets
                under 49 U.S.C. 24911(a)(5), as follows:
                 (A) To demonstrate ownership or control by an eligible applicant
                under 49 U.S.C. 24911(a)(5)(A), show either:
                 (1) The lead or joint applicant owns or will, at project
                completion, have ownership of the infrastructure, equipment, or
                facility improved by the project; or
                 (2) The lead or joint applicant controls or will, at project
                completion, have control over the infrastructure, equipment, or
                facility improved by the project including by agreement with the
                infrastructure, equipment, or facility owner(s). Applicants should
                describe such agreement(s) in sufficient detail in their application
                for FRA to understand the extent of the control, including the lead or
                joint applicant's management and decision-making authority regarding
                the infrastructure, equipment, or facility improved by the project, and
                the remaining or anticipated duration of the agreement(s). Agreements
                involving railroad rights-of-way should also demonstrate the lead or
                joint applicant has train dispatching and maintenance-of-way
                responsibilities for the right-of-way.
                 (B) To demonstrate the requirements under 49 U.S.C. 24911(a)(5)(B),
                show that the infrastructure, equipment, or facilities involved in the
                proposed project are contained in the planning document developed under
                49 U.S.C. 24904 and for which a cost-allocation policy has been
                developed under 49 U.S.C. 24905(c), or are contained in an equivalent
                planning document and for which a similar cost-allocation policy has
                been developed.
                 NEC Projects must satisfy the planning document requirement by
                demonstrating the project is contained in the current approved planning
                document developed under 49 U.S.C. 24904 (i.e., the NEC Commission
                Five-Year Capital Investment Plan). Applicants with projects contained
                this plan should indicate the location (e.g., table or page number)
                where the project in discussed in the document. If an NEC Project is
                not contained in the 49 U.S.C. 24904 planning document at the time of
                this notice, applicants may demonstrate that the infrastructure,
                equipment and facilities involved in the proposed project are contained
                in an equivalent planning document or update the 49 U.S.C. 24904
                planning document to contain the project by the due date for
                applications under this notice. An equivalent planning document may
                include a planning document developed under 49 U.S.C. 24320(c).
                 NEC Projects must satisfy the cost-allocation policy requirement by
                demonstrating the infrastructure, equipment, or facilities are subject
                to the cost-allocation policy developed under 49 U.S.C. 24905(c) (i.e.,
                Northeast Corridor Commuter and Intercity Rail Cost Allocation Policy),
                or a similar cost-allocation policy.
                 (C) To demonstrate the state of good repair requirement under 49
                U.S.C. 24911(a)(5)(C), the NEC applicant must:
                 (1) Describe the condition and performance of the infrastructure,
                equipment, or facility as of the time of enactment of the Passenger
                Rail Reform and Investment Act of 2015 (Dec. 4, 2015);
                 (2) indicate how the infrastructure, equipment, or facility's
                condition or performance falls short of the definition of ``State of
                Good Repair'' in Section A(2); and
                 (3) indicate, if known, when the infrastructure, equipment, or
                facility last received comprehensive repair, replacement, or
                rehabilitation work similar to the applicant's proposed scope of work.
                 vii. Detailed Project Description: Include a detailed project
                description that expands upon the brief summary required above. This
                detailed description must provide, at a minimum: Additional background
                on the challenges the project aims to address; the expected users and
                beneficiaries of the project, including all railroad operators; the
                specific components and elements of the project; and any other
                information the applicant deems necessary to justify the proposed
                project. Consistent with DOT's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), DOT encourages applicants to describe
                how activities proposed in their application would address the unique
                challenges facing rural transportation networks, regardless of the
                geographic location of those activities. Applicants with Major Capital
                Projects are encouraged to identify and describe project phases or
                [[Page 35503]]
                elements that would be candidates for subsequent Partnership Program
                funding if such funding becomes available. Include information to
                demonstrate the project is reasonably expected to begin construction in
                a timely manner. For all projects, applicants must provide information
                about proposed performance measures, as described in Section F(3)(c)
                and required in 2 CFR 200.301.
                 viii. Project Location: Include geospatial data for the project, as
                well as a map of the project's location. Include the Congressional
                districts in which the project will take place.
                 ix. Grade Crossing Information, if applicable: For any project that
                includes grade crossing components, cite specific DOT National Grade
                Crossing Inventory information, including the railroad that owns the
                infrastructure (or the crossing owner, if different from the railroad),
                the primary railroad operator, the DOT crossing inventory number, and
                the roadway at the crossing. Applicants can search for data to meet
                this requirement at the following link: http://safetydata.fra.dot.gov/OfficeofSafety/default.aspx.
                 x. Evaluation and Selection Criteria: Include a thorough discussion
                of how the proposed project meets all of the evaluation and selection
                criteria, as outlined in Section E of this notice. If an application
                does not sufficiently address the evaluation criteria and the selection
                criteria, it is unlikely to be a competitive application.
                 xi. Project Implementation and Management: Describe proposed
                project implementation and project management arrangements including as
                between the lead and joint applicants. Include descriptions of the
                expected arrangements for project contracting, contract oversight,
                change-order management, risk management, and conformance to Federal
                requirements for project progress reporting. Describe past experience
                in managing and overseeing similar projects. For Major Capital
                Projects, explain plans for a rigorous project management and oversight
                approach.
                 xii. Environmental Readiness: If the NEPA process is complete,
                indicate the date of completion, and provide a website link or other
                reference to the final Categorical Exclusion determination, Finding of
                No Significant Impact, or Record of Decision, as well as any other NEPA
                documents prepared. If the NEPA process is not complete, the
                application should detail the type of NEPA review underway, if
                applicable, where the project is in the process, and indicate the
                anticipated date of completion of all NEPA-related 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 why NEPA documents have not been updated and include a proposed
                approach for verifying and, if necessary, updating this material in
                accordance with applicable NEPA requirements. Additional information
                regarding FRA's environmental processes and requirements are located at
                https://www.fra.dot.gov/environment.
                b. Additional Application Elements
                 Applicants must submit:
                 i. A Statement of Work (SOW) addressing the scope, schedule, and
                budget for the proposed project if it were selected for award. The SOW
                must contain sufficient detail so FRA, and the applicant, can
                understand the expected outcomes of the proposed work to be performed
                and can monitor progress toward completing project tasks and
                deliverables during a prospective grant's period of performance.
                Applicants must use FRA's standard SOW, schedule, and budget templates
                to be considered for award. The templates are located at https://www.fra.dot.gov/Page/P0325.
                 When preparing the budget, the total cost of a project must be
                based on the best available information as indicated in cited
                references that include engineering studies, economic feasibility
                studies, environmental analyses, and information on the expected use of
                equipment or facilities. For Major Capital Projects, the SOW must
                include annual budget estimates and anticipated Federal funding for the
                expected duration of the project.
                 ii. A Benefit-Cost Analysis consistent with 49 U.S.C.
                24911(d)(2)(A) that demonstrates the merit of investing in the proposed
                project. The BCA should include anticipated private and public benefits
                relative to the costs of the proposed project, including:
                 i. Effects on system and service performance;
                 ii. effects on safety, competitiveness, reliability, trip or
                transit time, and resilience;
                 iii. efficiencies from improved integration with other modes; and
                 iv. ability to meet existing or anticipated demand.
                 The BCA should be systematic, data driven, and examine the trade-
                offs between reasonably expected project costs and benefits. Applicants
                are encouraged to include quantifiable railroad data related to the
                Qualified Railroad Assets involved in the project, such as information
                on delay, failure or safety incidents, passengers carried (e.g.,
                ridership), daily train movements, or similar metrics. The complexity
                and level of detail in the Benefit-Cost Analysis prepared for the
                Partnership Program should reflect the scope and scale of the proposed
                project. Please refer to the Benefit-Cost Analysis Guidance for
                Discretionary Grant Programs prior to preparing a BCA at https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance. In addition, please also refer to the BCA FAQs
                on FRA's website (https://www.fra.dot.gov/grants) for some rail-
                specific examples of how to apply the Benefit-Cost Analysis Guidance
                for Discretionary Grant Programs to Partnership applications.
                 iii. Environmental compliance documentation, if a website link is
                not cited in the Project Narrative.
                 iv. SF 424--Application for Federal Assistance.
                 v. SF 424C--Budget Information for Construction, or, for an
                equipment procurement project without any other construction elements,
                the SF 424A--Budget Information for Non-Construction.
                 vi. SF 424D--Assurances for Construction, or, for an equipment
                procurement project without any other construction elements, the SF
                424B--Assurances for Non-Construction.
                 vii. FRA's Additional Assurances and Certifications.
                 viii. An SF LLL--Disclosure of Lobbying Activities.
                 ix. A statement that the lead applicant has a system for procuring
                property and services under a Federal award under this NOFO that
                supports the provisions in 2 CFR 200 Subpart D-Procurement Standards at
                2 CFR 200.317-326 and 2 CFR 1201.317.
                 x. A statement indicating whether the applicant or any of its
                principals:
                 a. Is presently suspended, debarred, voluntarily excluded, or
                disqualified;
                 b. has been convicted within the preceding 3 years of any of the
                offenses listed in 2 CFR 180.800(a); or had a civil judgment rendered
                against the organization or the individual for one of those offenses
                within that time period;
                 c. is presently indicted for, or otherwise criminally or civilly
                charged by a governmental entity (Federal, state or local) with,
                commission of any of the offenses listed in 2 CFR 180.800(a); or
                 d. has had one or more public transactions (Federal, state, or
                local) terminated within the preceding 3 years for cause or default
                (including material failure to comply).
                [[Page 35504]]
                 Forms needed for the electronic application process are at
                www.Grants.gov.
                c. Post-Selection Requirements
                 See Section F(2) of this notice for post-selection requirements.
                3. Unique Entity Identifier, System for Award Management (SAM), and
                Submission Instructions
                 To apply for funding through Grants.gov, applicants must be
                properly registered in SAM before submitting an application, provide a
                valid unique entity identifier in its application, and continue to
                maintain an active SAM registration all as described in detail below.
                Complete instructions on how to register and submit an application can
                be found at www.Grants.gov. Registering with Grants.gov is a one-time
                process; however, it can take up to several weeks for first-time
                registrants to receive confirmation and a user password. FRA recommends
                that applicants start the registration process as early as possible to
                prevent delays that may preclude submitting an application package by
                the application deadline. Applications will not be accepted after the
                due date. Delayed registration is not an acceptable justification for
                an application extension.
                 FRA may not make a grant award to an applicant until the applicant
                has complied with all applicable Data Universal Numbering System (DUNS)
                and SAM requirements and if an applicant has not fully complied with
                the requirements by the time the Federal awarding agency is ready to
                make a Federal award, the Federal awarding agency may determine that
                the applicant is not qualified to receive a Federal award and use that
                determination as a basis for making a Federal award to another
                applicant. (Please note that if a Dun & Bradstreet DUNS number must be
                obtained or renewed, this may take a significant amount of time to
                complete.) Late applications that are the result of a failure to
                register or comply with Grants.gov applicant requirements in a timely
                manner will not be considered. If an applicant has not fully complied
                with the requirements by the submission deadline, the application will
                not be considered. To submit an application through Grants.gov,
                applicants must:
                a. Obtain a DUNS Number
                 A DUNS number is required for Grants.gov registration. The Office
                of Management and Budget requires that all businesses and nonprofit
                applicants for Federal funds include a DUNS number in their
                applications for a new award or renewal of an existing award. A DUNS
                number is a unique nine-digit sequence recognized as the universal
                standard for the government in identifying and keeping track of
                entities receiving Federal funds. The identifier is used for tracking
                purposes and to validate address and point of contact information for
                Federal assistance applicants, recipients, and subrecipients. The DUNS
                number will be used throughout the grant life cycle. Obtaining a DUNS
                number is a free, one-time activity. Applicants may obtain a DUNS
                number by calling 1-866-705-5711 or by applying online at http://www.dnb.com/us.
                b. Register With the SAM at www.SAM.gov
                 All applicants for Federal financial assistance must maintain
                current registrations in the SAM database. An applicant must be
                registered in SAM to successfully register in Grants.gov. The SAM
                database is the repository for standard information about Federal
                financial assistance applicants, recipients, and subrecipients.
                Organizations that have previously submitted applications via
                Grants.gov are already registered with SAM, as it is a requirement for
                Grants.gov registration. Please note, however, that applicants must
                update or renew their SAM registration at least once per year to
                maintain an active status. Therefore, it is critical to check
                registration status well in advance of the application deadline. If an
                applicant is selected for an award, the applicant must maintain an
                active SAM registration with current information throughout the period
                of the award. Information about SAM registration procedures is
                available at www.sam.gov.
                c. Create a Grants.gov Username and Password
                 Applicants must complete an Authorized Organization Representative
                (AOR) profile on www.Grants.gov and create a username and password.
                Applicants must use the organization's DUNS number to complete this
                step. Additional information about the registration process is
                available at: https://www.grants.gov/web/grants/applicants/organization-registration.html.
                d. Acquire Authorization for Your AOR From the E-Business Point of
                Contact (E-Biz POC)
                 The E-Biz POC at the applicant's organization must respond to the
                registration email from Grants.gov and login at www.Grants.gov to
                authorize the applicant as the AOR. Please note there can be more than
                one AOR for an organization.
                e. Submit an Application Addressing All Requirements Outlined in This
                NOFO
                 If an applicant experiences difficulties at any point during this
                process, please call the Grants.gov Customer Center Hotline at 1-800-
                518-4726, 24 hours a day, 7 days a week (closed on Federal holidays).
                For information and instructions on each of these processes, please see
                instructions at: http://www.grants.gov/web/grants/applicants/apply-for-grants.html.
                4. Submission Dates and Times
                 Applicants must submit complete applications to www.Grants.gov no
                later than 5:00 p.m. ET, July 27, 2020. Applicants will receive a
                system-generated acknowledgement of receipt. FRA reviews www.Grants.gov
                information on dates/times of applications submitted to determine
                timeliness of submissions. Delayed registration is not an acceptable
                reason for late submission. To apply for funding under this
                announcement, all applicants are expected to be registered as an
                organization with Grants.gov. Applicants are strongly encouraged to
                apply early to ensure all materials are received before this deadline.
                 To ensure a fair competition of limited discretionary funds, the
                following conditions are not valid reasons to permit late submissions:
                (1) Failure to complete the Grants.gov registration process before the
                deadline; (2) failure to follow Grants.gov instructions on how to
                register and apply as posted on its website; (3) failure to follow all
                the instructions in this NOFO; and (4) technical issues experienced
                with the applicant's computer or information technology environment.
                5. Intergovernmental Review
                 Executive Order 12372 requires applicants from state and local
                units of government or other organizations providing services within a
                state to submit a copy of the application to the State Single Point of
                Contact (SPOC), if one exists, and if this program has been selected
                for review by the state. Intergovernmental Review is not required for
                this program. Applicants must contact their State SPOC to determine if
                the program has been selected for state review.
                6. Funding Restrictions
                 FRA will not fund any preliminary engineering, environmental work,
                or
                [[Page 35505]]
                related clearances under this NOFO. FRA will only consider funding a
                project's final design activities if the applicant is also seeking
                funding for construction activities. FRA will only approve pre-award
                costs if such costs are incurred pursuant to the negotiation and in
                anticipation of the grant agreement and if such costs are necessary for
                efficient and timely performance of the scope of work consistent with 2
                CFR 200.458. Under 2 CFR 200.458, grant recipients must seek written
                approval from FRA for pre-award activities to be eligible for
                reimbursement under the grant. Activities initiated prior to the
                execution of a grant or without FRA's written approval may be
                ineligible for reimbursement or matching contribution.
                 FRA is prohibited under 49 U.S.C. 22905(f) \4\ from providing
                Partnership Program grants for Commuter Rail Passenger Transportation.
                FRA's interpretation of this provision is informed by the language in
                49 U.S.C. 24911, and specifically the definitions of capital project in
                49 U.S.C. 24911(a)(2)(A) and (B). FRA's primary intent in funding
                Partnership Program projects is to make reasonable investments in
                Capital Projects used in Intercity Rail Passenger Transportation. Such
                projects may be located on shared corridors where Commuter Rail
                Passenger Transportation also benefits from the project.
                ---------------------------------------------------------------------------
                 \4\ Under 49 U.S.C. 24911(i), Partnership grants are subject to
                the conditions in 49 U.S.C. 22905.
                ---------------------------------------------------------------------------
                7. Other Submission Requirements
                 For any supporting application materials that an applicant cannot
                submit via Grants.gov, such as oversized engineering drawings, an
                applicant may submit an original and two (2) copies to Mr. Bryan Rodda,
                Office of Policy and Planning, Federal Railroad Administration, 1200
                New Jersey Avenue SE, Room W38-203, Washington, DC 20590. However, due
                to delays caused by enhanced screening of mail delivered via the U.S.
                Postal Service, FRA advises applicants to use other means of conveyance
                (such as courier service) to assure timely receipt of materials before
                the application deadline. Additionally, if documents can be obtained
                online, explaining to FRA how to access files on a referenced website
                may also be sufficient. Note: Please use generally accepted formats
                such as .pdf, .doc, .docx, .xls, .xlsx and .ppt, when uploading
                attachments. While applicants may embed picture files, such as .jpg,
                .gif, and .bmp, in document files, applicants should not submit
                attachments in these formats. Additionally, the following formats will
                not be accepted: .com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll,
                .ini, .log, .ora, .sys, and .zip.
                E. Application Review Information
                1. Criteria
                a. Eligibility, Completeness, and Applicant Risk Review
                 FRA will first screen each application for applicant and project
                eligibility (eligibility requirements are outlined in Section C of this
                notice), completeness (application documentation and submission
                requirements are outlined in Section D of this notice), applicant risk
                and the 20 percent minimum non-Federal match in determining whether the
                application is eligible.
                b. Evaluation Criteria
                 FRA will evaluate all eligible and complete applications against
                the following evaluation criteria:
                 i. Technical Merit: FRA will to take into account--
                 (A) The degree to which the tasks and subtasks outlined in the SOW
                are appropriate to achieve the expected outcomes of the proposed
                project;
                 (B) The technical qualifications and demonstrated experience of key
                personnel proposed to lead and perform the technical efforts, and the
                qualifications of the primary and supporting organizations to fully and
                successfully execute the proposed project within the proposed timeframe
                and budget;
                 (C) The degree to which the proposed project's business plan
                considers potential private sector participation in the financing,
                construction, or operation of the proposed project;
                 (D) Whether the applicant has, or will have, the legal, financial,
                and technical capacity to carry out the project; satisfactory
                continuing control over the use of the equipment or facilities; and the
                capability and willingness to maintain the equipment or facilities;
                 (E) The applicant's past performance in developing and delivering
                similar projects, and previous financial contributions;
                 (F) Whether the project has completed necessary pre-construction
                activities and indicates strong project readiness; and
                 (G) Whether the project is consistent with planning guidance and
                documents set forth by the Secretary of Transportation or required by
                law.
                 ii. Project Benefits: FRA will take into account the benefit-cost
                analysis of the proposed project, including anticipated private and
                public benefits relative to the costs of the proposed project
                including--
                 (A) Effects on system and service performance;
                 (B) Effects on safety, competitiveness, reliability, trip or
                transit time, and resilience;
                 (C) Efficiencies from improved integration with other modes; and
                 (D) Ability to meet existing or anticipated demand.
                c. Selection Criteria
                 In addition to the eligibility and completeness review and the
                evaluation criteria outlined in this section, FRA will apply the
                selection criteria:
                 i. FRA will give preference to eligible projects for which:
                 (A) Amtrak is not the sole applicant;
                 (B) Applications were submitted jointly by multiple eligible
                applicants; and
                 (C) The proposed Federal share of total project costs does not
                exceed 50 percent.
                 ii. After applying the above preferences, FRA will take in account
                the following key DOT priorities:
                 (A) Supporting economic vitality at the national and regional
                level;
                 (B) Leveraging Federal funding to attract other, non-Federal
                sources of infrastructure investment;
                 (C) Preparing for future operations and maintenance costs
                associated with a project's life-cycle, as demonstrated by a credible
                plan to maintain assets without having to rely on future Federal
                funding;
                 (D) Using innovative approaches to improve safety and expedite
                project delivery;
                 (E) Holding grant recipients accountable for grant performance and
                achieving specific, measurable outcomes identified by grant applicants;
                 (F) Proposed non-Federal share is comprised of more than one
                source, including private sources, demonstrating broad participation by
                affected stakeholders; and
                 (G) Applications indicate strong project readiness.
                 iii. For NEC Projects, FRA will consider the appropriate sequence
                and phasing of projects as contained in the Northeast Corridor capital
                investment plan developed pursuant to 49 U.S.C. 24904(a).
                 iv. In determining the allocation of program funds, FRA may also
                consider geographic diversity, diversity in the size of the systems
                receiving funding, the applicant's receipt of other competitive awards,
                projects located in or that support transportation service in a
                qualified opportunity zone designated pursuant to 26 U.S.C. 1400Z-1,
                the
                [[Page 35506]]
                percentage of non-Federal share provided, the percentage of non-Federal
                share provided as a cash contribution, and whether such non-Federal
                share is provided by multiple sources.
                 v. Consistent with DOT's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), DOT recognizes that rural transportation
                networks face unique challenges. To the extent that those challenges
                are reflected in the applicant's response to the criteria listed in
                this section, DOT will consider how the activities proposed in the
                application will address those challenges, regardless of the geographic
                location of those activities.
                2. Review and Selection Process
                 FRA will conduct a four-part application review process, as
                follows:
                 a. Screen applications for completeness, eligibility, and applicant
                risk;
                 b. Evaluate eligible applications (completed by technical panels
                applying the evaluation criteria);
                 c. Review, apply selection criteria and recommend initial selection
                of projects for the FRA Administrator's review (completed by a non-
                career Senior Review Team, which includes senior leadership from the
                Office of the Secretary and FRA); and
                 d. Select recommended awards for the Secretary's review and
                approval (completed by the FRA Administrator.)
                3. Reporting Matters Related to Integrity and Performance
                 Before making a Federal award with a total amount of Federal share
                greater than the simplified acquisition threshold (see 2 CFR 200.88
                Simplified Acquisition Threshold), FRA will review and consider any
                information about the applicant that is in the designated integrity and
                performance system accessible through SAM (currently the Federal
                Awardee Performance and Integrity Information System (FAPIIS)). See 41
                U.S.C. 2313.
                 An applicant, at its option, may review information in the
                designated integrity and performance systems accessible through SAM and
                comment on any information about itself that a Federal awarding agency
                previously entered and is currently in the designated integrity and
                performance system accessible through SAM.
                 FRA will consider any comments by the applicant, in addition to the
                other information in the designated integrity and performance system,
                in making a judgment about the applicant's integrity, business ethics,
                and record of performance under Federal awards when completing the
                review of risk posed by applicants as described in 2 CFR 200.205.
                F. Federal Award Administration Information
                1. Federal Award Notice
                 FRA will announce applications selected for funding in a press
                release and on FRA's website after the application review period. This
                announcement is FRA's notification to successful and unsuccessful
                applicants alike. FRA will contact applicants with successful
                applications after announcement with information and instructions about
                the award process. This notification is not an authorization to begin
                proposed project activities. A formal grant agreement signed by both
                the grantee and FRA, including an approved scope, schedule, and budget,
                is required before the award is considered complete. See an example of
                standard terms and conditions for FRA grant awards at https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions. This template is subject to revision.
                2. Administrative and National Policy Requirements
                 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, nondiscrimination requirements, and other
                assurances made applicable to the award of funds in accordance with
                regulations of DOT; and applicable Federal financial assistance and
                contracting principles promulgated by the Office of Management and
                Budget. In complying with these requirements, 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 DOT determines that a
                recipient has failed to comply with applicable Federal requirements,
                DOT may terminate the award of funds and disallow previously incurred
                costs, requiring the recipient to reimburse any expended award funds.
                 Examples of administrative and national policy requirements
                include: 2 CFR part 200; procurement standards at 2 CFR part 200
                Subpart D--Procurement Standards, 2 CFR 1207.317 and 2 CFR 200.401;
                compliance with Federal civil rights laws and regulations;
                disadvantaged business enterprises; debarment and suspension; drug-free
                workplace; FRA's and OMB's Assurances and Certifications; Americans
                with Disabilities Act; safety requirements; NEPA; environmental justice
                and the grant conditions in 49 U.S.C. 22905 including the Buy America
                requirements, the provision deeming operators rail carriers and
                employers for certain purposes, grantee agreements with railroad right-
                of-way owners for projects using railroad rights-of-way, and compliance
                with 49 U.S.C. 24905(c)(2) for the duration of NEC Projects.
                 Grantees must comply with applicable appropriations act
                requirements and all relevant requirements of 2 CFR part 200. Rights to
                intangible property under grants awarded under this NOFO are governed
                in accordance with 2 CFR 200.315. Unless otherwise stated in the
                Federal award, FRA will not consider non-federal entities as that term
                is used in 2 CFR part 200 to include for-profit entities. See an
                example of standard terms and conditions for FRA grant awards at
                https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions. This template is subject to revision.
                3. Reporting
                a. Progress Reporting on Grant Activity
                 Each applicant selected for a grant will be required to comply with
                all standard FRA reporting requirements, including quarterly progress
                reports, quarterly Federal financial reports, and interim and final
                performance reports, as well as all applicable auditing, monitoring and
                close out requirements. Reports may be submitted electronically.
                 The applicant must comply with all relevant requirements of 2 CFR
                part 200.
                b. Additional Reporting
                 Applicants selected for funding are required to comply with all
                reporting requirements in the standard terms and conditions for FRA
                grant awards including 2 CFR 180.335 and 2 CFR 180.350. See an example
                of standard terms and conditions for FRA grant awards at: https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions.
                 If the Federal share of any Federal award under this NOFO includes
                more than $500,000 over the period of performance, applicants are
                informed of the post award reporting requirements reflected in 2 CFR
                part 200, Appendix XII--Award Term and Condition for Recipient
                Integrity and Performance Matters.
                [[Page 35507]]
                c. Performance Reporting
                 Each applicant selected for funding must collect information and
                report on the project's performance using measures mutually agreed upon
                by FRA and the grantee to assess progress in achieving strategic goals
                and objectives. Examples of some rail performance measures are listed
                in the table below. The applicable measure(s) will depend upon the type
                of project. Applicants requesting funding for rolling stock must
                integrate at least one equipment/rolling stock performance measure,
                consistent with the grantee's application materials and program goals.
                 Performance Measure
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 Primary strategic Secondary strategic
                 Rail measures Unit measured Temporal goal goal Description
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                Slow Order Miles................... Miles................. Annual............... State of Good Repair. Safety............... The number of miles
                 per year within the
                 project area that
                 have temporary speed
                 restrictions (``slow
                 orders'') imposed due
                 to track condition.
                 This is an indicator
                 of the overall
                 condition of track.
                 This measure can be
                 used for projects to
                 rehabilitate sections
                 of a rail line since
                 the rehabilitation
                 should eliminate, or
                 at least reduce the
                 slow orders upon
                 project completion.
                Rail Track Grade Separation........ Count................. Annual............... Economic Safety............... The number of annual
                 Competitiveness. automobile crossings
                 that are eliminated
                 at an at-grade
                 crossing as a result
                 of a new grade
                 separation.
                Passenger Counts................... Count................. Annual............... Economic State of Good Repair. Count of the annual
                 Competitiveness. passenger boardings
                 and alightings at
                 stations within the
                 project area.
                Travel Time........................ Time/Trip............. Annual............... Economic Quality of Life...... Point-to-point travel
                 Competitiveness. times between pre-
                 determined station
                 stops within the
                 project area. This
                 measure demonstrates
                 how track
                 improvements and
                 other upgrades
                 improve operations on
                 a rail line. It also
                 helps make sure the
                 railroad is
                 maintaining the line
                 after project
                 completion.
                Track Miles........................ Miles................. One Time............. State of Good Repair. Economic The number of track
                 Competitiveness. miles that exist
                 within the project
                 area. This measure
                 can be beneficial for
                 projects building
                 sidings or sections
                 of additional main
                 line track on a
                 railroad.
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                G. Federal Awarding Agency Contacts
                 For further information related to this notice, please contact Mr.
                Bryan Rodda, Office of Policy and Planning, Federal Railroad
                Administration, 1200 New Jersey Avenue SE, Room W38-203, Washington, DC
                20590; email: [email protected]; phone: 202-493-0443, or Ms. Ruthie
                Americus, Office of Policy and Planning, Federal Railroad
                Administration, 1200 New Jersey Avenue SE, Room W36-403, Washington, DC
                20590; email: [email protected]; phone: 202-493-0431.
                H. Other Information
                 All information submitted as part of or in support of any
                application shall use publicly available data or data that can be made
                public and methodologies that are accepted by industry practice and
                standards, to the extent possible. If the application includes
                information the applicant considers to be a trade secret or
                confidential commercial or financial information, the applicant should
                do the following: (1) Note on the front cover that the submission
                ``Contains Confidential Business Information (CBI)''; (2) mark each
                affected page ``CBI''; and (3) highlight or otherwise denote the CBI
                portions.
                 The DOT regulations implementing the FOIA are found at 49 CFR part
                7 Subpart C--Availability of Reasonably Described Records under the
                Freedom of Information Act which sets forth rules for FRA to make
                requested materials, information and, and records publicly available
                under FOIA. Unless prohibited by law and to the extent permitted under
                the FOIA, contents of application and proposals submitted by successful
                applicants may be released in response to FOIA requests.
                 Issued in Washington, DC.
                Quintin Kendall,
                Deputy Administrator.
                [FR Doc. 2020-12542 Filed 6-9-20; 8:45 am]
                BILLING CODE 4910-06-P
                

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