[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12654-12663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04309]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION


Notice of Funding Opportunity for Department of Transportation's 
PIDP Under the Further Consolidated Appropriations Act, 2020

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Notice of funding opportunity.

-----------------------------------------------------------------------

SUMMARY: The National Defense Authorization Act for Fiscal Year 2020 
(NDAA) and the Further Consolidated Appropriations Act, 2020 (``FY 2020 
Appropriations Act'' or the Act), authorized and appropriated $225 
million for the Port Infrastructure Development Program (PIDP) to make 
grants to improve facilities within, or outside of and directly related 
to operations of coastal seaports, inland river ports, and Great Lakes 
ports. This notice announces the availability of funding for grants 
under this program and establishes selection criteria and application 
requirements. The Act directed that at least $200 million of the 
appropriated funds shall be for grants to coastal seaports or Great 
Lakes ports. Funds for the PIDP are to be awarded as discretionary 
grants on a competitive basis for projects that will improve the 
safety, efficiency, or reliability of the movement of goods into, out 
of, around, or within a port. All PIDP grant recipients must meet all 
applicable Federal requirements, including the Buy American Act. The 
purpose of this notice is to solicit grant applications for the PIDP.

DATES: Applications must be submitted by 8:00 p.m. E.D.T. on May 18, 
2020.

ADDRESSES: Applications must be submitted through Grants.gov.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact the PIDP staff via email at [email protected], 
or call Bob Bouchard, Director, Office of Port Infrastructure 
Development, at 202-366-5076. A TDD is available for individuals who 
are deaf or hard of hearing at 202-366-3993. In addition, the 
Department of Transportation (DOT) may post answers to questions and 
requests for clarifications as well as information about webinars for 
further information at www.maritime.dot.gov/PIDPgrants.

SUPPLEMENTARY INFORMATION: Each section of this notice contains 
information and instructions relevant to the application process for 
the PIDP discretionary grants, and all applicants should read this 
notice in its entirety to prepare eligible and competitive 
applications. Selection criteria have been modified since the FY2019 
PIDP program.

Table of Contents

A. Program Description
    1. Overview
    2. Merit Criteria
B. Federal Award Information
    1. Amount Available
    2. Award Size
    3. Restriction on Funding
    4. Availability of Funding
C. Eligibility Information
    1. Eligible Applicants
    2. Cost Sharing or Matching
D. Application and Submission Information
    1. Address
    2. Content and Form of Application
    3. Unique Entity Identifier and System for Award Management 
(SAM)
    4. Submission Dates and Times
    5. Consideration of Applications
    6. Late Applications
E. Application Review Information
    1. Criteria
    2. Review and Selection Process
    3. Additional Information
F. Federal Award Administration Information
    1. Federal Award Notice
    2. Administrative and National Policy Requirements
    3. Reporting
G. Federal Awarding Agency Contacts
H. Other Information
    1. Protection of Confidential Business Information
    2. Publication/Sharing of Application Information

A. Program Description

1. Overview

    The PIDP was established under 46 U.S.C. 50302, which authorizes 
the Department of Transportation (DOT) to establish a port and 
intermodal improvement program for improving the safety, efficiency or 
reliability of the movement of goods through ports and intermodal 
connections to ports. To carry out a project under this program, the 
Department may provide grants for port and intermodal infrastructure-
related projects. The Further Consolidated Appropriations Act, 2020 
(Pub. L. 116-94) appropriated $225 million to the PIDP to make 
discretionary grants to improve the safety, efficiency, or reliability 
of the movement of goods into, out of, around, or within coastal 
seaports, inland river ports, or Great Lakes ports.
    The efficient movement of goods through ports and their intermodal 
connections depends on rural transportation networks. Consistent with 
the R.O.U.T.E.S. Initiative, the Department may consider how projects 
will address the challenges faced by rural areas under the PIDP.

2. Merit Criteria

    This section of the notice describes the following three merit 
criteria that the Department intends to use to select FY 2020 PIDP 
awards:
(a) Effect on the Movement of Goods
    Ports play a critical role in the movement of freight and goods 
throughout the country. As primary entry and exit points for imports 
and exports, ports are essential drivers of our economic growth and 
productivity. The international competitiveness of the United States' 
domestic industries, such as agriculture and energy, depends on safe 
and efficient cargo movements through our nation's coastal and inland 
ports, as well as their intermodal connectors. To prioritize investment 
in projects that support goods movement, the Department will evaluate 
the extent to which the project will improve the safety, efficiency, or 
reliability of the movement of goods through a port or intermodal 
connection to a port.
(b) Leverage of Federal Funding
    The Department is committed to supporting the President's call for 
more infrastructure investment. That goal will not be achieved through 
Federal investment alone, but rather requires

[[Page 12655]]

States, local governments, and the private sector to maximize their own 
contributions. By emphasizing leveraging of Federal funding, the 
Department expects to expand the total resources being used to build 
and restore infrastructure, rather than have Federal dollars merely 
displace or substitute for State, local, and private funds. Among 
otherwise comparable applications, the Department will prioritize 
projects that maximize leverage of Federal funding.
(c) Net Benefits
    A strong maritime transportation network is critical to the 
functioning and growth of the American economy, which depends on port 
and intermodal transportation networks to export the goods that it 
produces. When the nation's ports function well, that infrastructure 
increases the efficiency of moving goods and thereby cuts the costs of 
doing business, promotes exports, creates employment opportunities, and 
improves overall well-being. This merit criterion will measure the 
quantified benefits against the costs of the project. Among otherwise 
comparable applications, the Department will prioritize projects that 
maximize net benefits.
    Section E.1 of this notice describes how the Department will 
evaluate these three merit criteria and consider other information when 
making award decisions, including compliance with domestic preference 
requirements, whether the project is located in an Opportunity Zone, 
and the project's alignment with the Department's R.O.U.T.E.S. 
initiative. Section D.2 describes how applicants should address each 
criterion in their application. Section C.3.ii describes determinations 
that the Department is required to affirmatively make for each project 
to be awarded.

B. Federal Award Information

1. Amount Available

    DOT intends to award up to $225 million to projects that improve 
facilities within or connecting to coastal seaports, inland river 
ports, and Great Lakes ports. The FY 2020 Appropriations Act directed 
that at least $200 million of this amount be reserved for grants to 
coastal seaports or Great Lakes ports. The FY 2020 Appropriations Act 
allows up to two percent of the funds appropriated be available for 
necessary costs of grant administration. If the DOT does not receive 
sufficient qualified applications, it will award less than the amount 
available.

2. Award Size

    The minimum PIDP award size is $1 million. Except as limited by the 
amount of available funding and the statutory restrictions on funding 
identified in Section B.3, there is no maximum award size.

3. Restrictions on Funding

    The authorizing statute and appropriations provisions impose 
several additional restrictions on awards under this notice:
     No more than 25 percent of the available funds ($56.25 
million) can be awarded to a single State.
     At least $200 million is reserved for coastal seaport 
projects or Great Lakes port projects as defined in Section H.3.
     $56.25 million is reserved for projects requesting exactly 
$10 million in PIDP funds.\1\
---------------------------------------------------------------------------

    \1\ The Department has discretion to award an applicant less 
than an applicant requested. Therefore, an award to an applicant who 
requests exactly $10 million will be counted against the reserved 
$56.25 million even if that award is less than $10 million.
---------------------------------------------------------------------------

     No more than $22.5 million may be awarded for development 
phase activities that do not result in construction.

4. Availability of Funds

    To ensure the funds are expended in a timely manner, the 
Department, to the extent possible, seeks to obligate PIDP funds by 
September 30, 2023. Obligation occurs when a selected applicant and DOT 
enter into a written grant agreement after the applicant has satisfied 
applicable administrative requirements, including transportation 
planning and environmental review requirements. The Department also 
seeks to expend funds within five years of obligation. As part of the 
review and selection process described in Section E.2., DOT will 
consider a project's likelihood to be ready for obligation of funds by 
September 30, 2023 and liquidation of these obligations within five 
years of obligation.

C. Eligibility Information

    To be selected for a PIDP discretionary grant, an applicant must be 
an eligible applicant and the project must be an eligible project.

1. Eligible Applicants

    An eligible applicant for a PIDP discretionary grants is a port 
authority, a commission or its subdivision or agent under existing 
authority, a State or political subdivision of a State or local 
government, a Tribal government, a public agency or publicly chartered 
authority established by one or more States, a special purpose district 
with a transportation function, a multistate or multijurisdictional 
group of entities, or a lead entity described above jointly with a 
private entity or group of private entities. Applicants must 
demonstrate that they have the authority to carry out the project and 
are encouraged to submit an assertion with citation of authority with 
their application.

2. Cost Sharing or Matching

    This section of the notice describes cost share requirements for a 
PIDP Grant award. The Federal share of the costs for which an 
expenditure is made under a PIDP grant may not exceed 80 percent; 
however, the Secretary may waive these requirements for grant awards 
less than $10 million. Non-Federal sources include State funds 
originating from programs funded by State revenue, local funds 
originating from State or local revenue funded programs, or private 
funds. The application should demonstrate, such as through a commitment 
letter or other documentation, the sources of the non-Federal funds. 
Unless otherwise authorized by statute, State or local cost-share may 
not be counted as the non-Federal share for both the PIDP Grant award 
and another Federal grant program.
    The Department will not consider previously incurred costs or 
previously expended or encumbered funds towards the matching 
requirement for any project. Matching funds are subject to the same 
Federal requirements described in Section F.2. as awarded funds.
    As directed by statute, for the purpose of eligibility, the 
proceeds of Federal assistance under chapter 6 of Title 23, United 
States Code or sections 501 through 504 of the Railroad and 
Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94-210), as 
amended, shall be considered to be part of the non-Federal share of 
project costs if the loan is repayable from non-Federal funds, unless 
otherwise requested by the project sponsor.
    In addition to these cost share requirements, cost share will be 
evaluated according to the ``Leverage of Federal Funding'' criterion 
described in Section E. Preference will be given to those projects that 
require a lower percentage Federal share of costs (see Section E.1.ii 
for information on how the Department will evaluate leverage). That 
section explains that the Department seeks applications for projects 
that maximize the non-Federal share.

[[Page 12656]]

3. Other

a. Eligible Projects
    Eligible projects for PIDP grants shall be located either within 
the boundary of a port, or outside the boundary of a port and directly 
related to port operations or to an intermodal connection to a port. 
Eligible projects are limited to:
    a. Port gate improvements
    b. road improvements both within and connecting to the port;
    c. rail improvements both within and connecting to the port;
    d. berth improvements (including but not limited to docks, wharves, 
piers, and dredging incidental to the improvement project);
    e. fixed landslide improvements in support of cargo operations 
(such as silos, elevators, conveyors, container terminals, Ro/Ro 
structures including parking garages for intermodal freight transfer, 
warehouses including refrigerated facilities, lay down areas, transit 
sheds, and other such facilities);
    f. utilities necessary for safe operations (including but not 
limited to lighting, stormwater, and other such improvements that are 
incidental to a larger infrastructure project); or
    g. a combination of activities described above.
    Projects addressing environmental mitigation measures, freight 
intelligent transportation systems, and digital infrastructure systems 
are eligible if those components support one of the eligible project 
types listed above. This program will not fund construction, 
reconstruction, reconditioning, or purchase of a vessel, nor any 
project within a small shipyard (as defined in 46 U.S. Code Sec.  
54101).
    Development phase activities (including planning, feasibility 
analysis, revenue forecasting, environmental review, permitting, and 
preliminary engineering and design work) that support these capital 
projects are also eligible. However, the Department will prioritize 
funding for projects that propose to move into the construction phase 
within the grant's performance period. Accordingly, applications for 
only development phase activities will be less competitive than capital 
grants.
b. Determinations
    Before selecting a project for award, the Department must make the 
following determinations under 46 U.S.C. 50302(c)(6)(A). Evidence that 
a project meets these determinations should be clearly indicated as 
outlined in Section D.
    a. The project improves the safety, efficiency, or reliability of 
the movement of goods through a port or intermodal connection to the 
port. Refer to Section D for what to include in your application, and 
to Section E.1.a.i for how the Department will make this determination.
    b. The project is cost effective. The Department will determine a 
project is cost effective if it estimates that the project's benefit-
cost ratio is equal to or greater than one. Refer to Section E.1.a. iii 
for how the Department will make this determination.
    c. The eligible applicant has the authority to carry out the 
project. Refer to Section E.2.b.i for how the Department will make this 
determination.
    d. The eligible applicant has sufficient funding available to meet 
the matching requirements. The Department's determination of sufficient 
and available non-Federal matching funds will be based on the 
information provided in the project's Grant Funds, Sources and Uses of 
Project Funds section of the application (see Section D.2.III). Refer 
to Section E.2.b.ii for how the Department will make this 
determination.
    e. The project will be completed without unreasonable delay. The 
application must demonstrate that the project will meet the timeline 
outlined in Section B.4. This eligibility requirement is separate from 
the Project Readiness Selection Criteria described in Section E.1.b. 
Refer to section E.2.b.iii for how the Department will make this 
determination.
    f. The project cannot be easily and efficiently completed without 
Federal funding or financial assistance available to the project 
sponsor. The Department's determination will be based on the impacts to 
the project if Federal funding or financial assistance is unavailable 
for the project. Refer to Section E.2.b.iv for how the Department will 
make this determination.
c. Project Components
    An application may describe a project that contains more than one 
component and may describe components that may be carried out by 
parties other than the applicant. The Department may award funds for a 
component, instead of the larger project, if that component (1) 
independently meets minimum award amounts described in Section B and 
all eligibility requirements described in Section C; (2) independently 
aligns well with the merit criteria specified in Section E; and (3) 
meets National Environmental Policy Act (NEPA) requirements with 
respect to independent utility. Independent utility means that the 
component will represent a transportation improvement that is usable, 
even if no other improvement is made in the area, and will be ready for 
intended use upon completion of that component's construction. All 
project components that are presented together in a single application 
must demonstrate a relationship or connection among them.
    Applicants should be aware that, depending upon the relationship 
between project components and applicable Federal law, Federal funding 
of some project components may make other project components that have 
not received Federal funding subject to Federal requirements as 
described in Section F.2.
    The Department strongly encourages applicants to identify in their 
applications the project components that have independent utility and 
separately detail costs and requested PIDP funding for those 
components. If the application identifies one or more independent 
project components, the application should clearly identify how each 
independent component addresses the merit criteria and produces 
benefits on its own, in addition to describing how the full proposal of 
which the independent component is a part addresses the criteria 
described in Section E.
    Applicants that request exactly $10 million in order to be eligible 
for the relevant reserved funds may include project alternatives that 
could be awarded less than or greater than exactly $10 million. These 
applicants are requested to: (1) Expressly state the request amount 
alternative to $10 million, (2) describe the scope that would accompany 
that alternative request, (3) clearly indicate the budget and source of 
funds for the alternative request, and (4) provide sufficient 
information for the Department to assess the selection criteria for the 
alternative request.
d. Application Limit
    Each lead applicant may submit no more than one application.
e. Definitions
    Coastal port: A port on navigable waters of the United States or 
territories that are subject to the Corps of Engineers regulatory 
jurisdiction for oceanic and coastal waters under 33 CFR 329.12 or that 
is otherwise capable of receiving oceangoing vessels with a draft of at 
least 20 feet (other than a Great Lakes port).
    Development Phase Activities: Planning, feasibility analysis, 
revenue forecasting, environmental review, permitting, and preliminary 
engineering and design work.

[[Page 12657]]

    Great Lakes port: A port on the Great Lakes and their connecting 
and tributary waters as defined under 33 CFR 83.03(o)).
    Rural area: An area located outside a 2010 Census-designated 
urbanized area.

D. Application and Submission Information

1. Address

    Applications must be submitted to Grants.gov. Instructions for 
submitting applications can be found at www.maritime.dot.gov/PIDPgrants 
along with specific instructions for the forms and attachments required 
for submission.

2. Content and Form of Application Submission

    The application must include the Standard Form 424 (Application for 
Federal Assistance), cover page, and the Project Narrative. More 
detailed information about the Project Narrative follows.
    The Department recommends that the project narrative be prepared 
with standard formatting preferences (a single-spaced document, using a 
standard 12-point font such as Times New Roman, with 1-inch margins, 
and the narrative text in one column only). The project narrative may 
not exceed 30 pages in length, excluding cover pages and table of 
contents. The only substantive portions that may exceed the 30-page 
limit are documents supporting assertions or conclusions made in the 
30-page project narrative. Except for the benefit cost analysis, the 
Department does not consider support documentation or websites an 
essential part of the application and may not review supplemental 
materials as part of the application. If possible, website links to 
supporting documentation should be provided rather than copies of these 
supporting materials. Supporting documentation should be expressly 
dated. If supporting documents are submitted, applicants should clearly 
identify within the project narrative the relevant portion of the 
project narrative that each supporting document supports.
    The Department recommends that the project narrative follow the 
basic outline below to address the program requirements and assist 
evaluators in locating relevant information.


 
 
 
I. Project Description....................  See D.2.I.
II. Project Location......................  See D.2.II.
III. Grant Funds, Sources and Uses of all   See D.2.III.
 Project Funding.
IV. Selection Criteria....................  See D.2.VI.
  a. Safety, Efficiency, or Reliability
   Improvements.
  b. Leveraging Non-Federal Funds.........
  c. Net Benefits/Economic Vitality.......
V. Project Readiness......................  See D.2.V.
  a. Technical Capacity...................
  b. Environmental Approvals..............
  c. Risk Mitigation......................
VI. Domestic Preference...................  See D.2.VI.
 


    The project narrative should include the information necessary for 
the Department to determine that the project satisfies project 
requirements described in Sections B and C and to assess the criteria 
specified in Section E.1. In addition to a detailed statement of work, 
detailed project schedule, and detailed project budget, the project 
narrative should include a table of contents, maps and graphics, as 
appropriate, to make the information easier to review. To the extent 
practicable, applicants should provide supporting data and 
documentation in a form that is directly verifiable by the Department. 
The Department may ask any applicant to supplement data in its 
application, but expects applications to be complete upon submission. 
The Department may seek clarifying or additional information from 
applicants according to circumstances described in Section E.2. The 
Department recommends applications include the following content:

I. Project Description

    The first section of the application should provide a concise 
description of the project, the challenges that it is intended to 
address, and how it will address those challenges. The project 
description should provide both a high-level overview of the overall 
project and a clear itemization of its major components. This section 
may discuss the project's history, including a description of any 
previously completed components. The applicant may use this section to 
place the project into a broader context of other transportation 
infrastructure investments being pursued by the project sponsor. This 
section should focus on eligibility and technical aspects of the 
project, but should not directly address the merit criteria.

II. Project Location

    This section of the application should describe the project 
location, including a detailed geographical description of the proposed 
project, a map of the project's location and connections to existing 
transportation infrastructure, and geospatial data describing the 
project location. This section should also clearly identify whether the 
project is:
    (a) located in a qualified opportunity zone \2\ designated pursuant 
to 26 U.S.C. 1400Z-1,
---------------------------------------------------------------------------

    \2\ See www.cdfifund.gov/Pages/Opportunity-Zones.aspx for more 
information on opportunity zones.
---------------------------------------------------------------------------

    (b) located in a rural area (as defined in Section C.3.e),
    (c) a Great Lakes port project (as defined in Section C.3.e),
    (d) a Coastal Port project (as defined in Section C.3.e),

III. Grant Funds, Sources, and Uses of Project Funds

    This section of the application should describe the project's 
budget and leverage of non-Federal funds. The budget should not include 
any previously incurred expenses. At a minimum, this section should 
include:
    (a) Project costs;
    (b) For all funds to be used for eligible project costs, the source 
and amount of those funds;
    (c) Documentation of funding commitments for non-Federal funds to 
be used for eligible project costs (documentation may be referenced and 
submitted as an appendix);
    (d) For Federal funds to be used for eligible project costs, the 
amount, nature, and source of any required non-Federal match for those 
funds. Applicants should also refer to the Leverage of Federal Funding 
merit criterion in Section E.1.a.ii.
    (e) A budget showing how each source of funds will be spent. The 
budget should show how each funding source will share in each major 
construction activity, and present that data in dollars and 
percentages. Funding sources should be grouped into three categories: 
non-Federal; PIDP; and other Federal. If the project contains 
individual components, the budget should separate the costs of each 
project component. If the project will be completed in phases, the 
budget should separate the costs of each phase. The budget detail 
should sufficiently demonstrate that the project satisfies the 
statutory cost-sharing requirements described in Section C.2.
    In addition to the information enumerated above, this section 
should provide complete information on how all project funds may be 
used. For example, if a particular source of funds is available only 
after a condition is satisfied, the application should identify that 
condition and describe the applicant's control over whether it is 
satisfied. Similarly, if a particular source of funds is available for 
expenditure only during a fixed time period, the application should 
describe

[[Page 12658]]

that restriction. Complete information about project funds will ensure 
that the Department's expectations for award execution align with any 
funding restrictions unrelated to the Department, even if an award 
differs from the applicant's request. If a funding source is uncertain, 
the applicant should state that it is uncertain and describe the source 
of the uncertainty. Failure to document funding sources, as described 
in paragraph c), or failure to address uncertainty may prevent the 
Department from making the determination at section C.3.ii.d necessary 
to select the project for an award.
    Applicants that request exactly $10 million with an alternative 
request should expressly state the request amount alternative to $10 
million, and clearly indicate the budget and source of funds for the 
alternative request.

IV. Merit Criteria

    This section should be structured to clearly address each of the 
following merit criteria in accordance with the Application Review 
guidance in Section E. Applicants that request exactly $10 million with 
an alternative request should describe the scope that would accompany 
that alternative request, and provide sufficient information for the 
Department to assess the selection criteria for the alternative 
request.
(a) Effect on the Movement of Goods
    The application should contain information to assess the project's 
impact on safety, efficiency, or reliability of the movement of goods 
through a port or intermodal connection to a port. The application may, 
as part of this discussion, identify features the applicant will 
incorporate into the project and highlight specific benefits of the 
project (such as indicators of improved efficiency and reliability like 
reduced vessel and truck turn times; enhancements to or increases in 
system capacity; improved connectivity; decreases in the number, rate, 
and consequences of transportation-related accidents, serious injuries, 
and fatalities).
(b) Leverage of Federal Funding
    While the Leveraging Criterion will be assessed according to the 
methodology described in Section E.1.a.ii, this section of the 
application may be used to include additional information that may 
strengthen the Department's understanding of the project sponsor's 
effort to improve non-Federal leverage.
(c) Net Benefits
    This section describes the recommended approach for the completion 
and submission of a benefit cost analysis (BCA) as an appendix to the 
Project Narrative. The benefit-cost analysis itself should be provided 
as an appendix to the project narrative, but the results of the 
analysis should also be summarized in the Project Narrative directly.
    The appendix should provide present value estimates of a project's 
benefits and costs relative to a no-build baseline. To calculate 
present values, applicants should apply a real discount rate (i.e., the 
discount rate net of the inflation rate) of 7 percent per year to the 
project's streams of benefits and costs. The purpose of the BCA is to 
enable the Department to evaluate the project's cost-effectiveness by 
estimating a benefit-cost ratio and calculating the magnitude of net 
benefits for the project. The primary economic benefits from projects 
eligible for PIDP grants are likely to include savings in travel time 
costs, vehicle and port operating costs, and safety costs for both 
existing users of the improved facility and new users who may be 
attracted to it because of the project. Savings in infrastructure 
maintenance costs may also be quantified. Applicants may describe other 
categories of benefits in the BCA that are more difficult to quantify 
and value in economic terms, such as improving the reliability of 
travel times, while also providing numerical estimates of the magnitude 
and timing of each of these additional impacts wherever possible. Any 
benefits claimed for the project, both quantified and unquantified, 
should be clearly tied to the expected outcomes of the project.
    The BCA should include the full costs of developing, constructing, 
operating, and maintaining the proposed project, as well as the 
expected timing or schedule for costs in each of these categories. The 
BCA may also consider the present discounted value of any remaining 
service life of the asset at the end of the analysis period. The costs 
and benefits that are compared in the BCA should also cover the same 
project scope, including the costs of other related projects on which 
the benefits of the PIDP project depend.
    The BCA should carefully document the assumptions and methodology 
used to produce the analysis, including a description of the baseline, 
the sources of data used to project the outcomes of the project, and 
the values of key input parameters. Applicants should provide all 
relevant files used for their BCA, including any spreadsheet files (in 
their original format such as Excel) and technical memos describing the 
analysis (whether created in-house or by a contractor). The 
spreadsheets and technical memos should present the calculations in 
sufficient detail and transparency to allow the analysis to be 
reproduced by DOT evaluators. Detailed guidance for estimating some 
types of quantitative benefits and costs, together with recommended 
economic values for converting them to dollar terms and discounting to 
their present values, are available in the Department's guidance for 
conducting BCAs for projects seeking funding under the PIDP 
(www.maritime.dot.gov/PIDPgrants).

V. Project Readiness

    During application evaluation, the Department may consider project 
readiness to assess the likelihood of a successful project. In that 
analysis, the Department will consider two evaluation ratings which 
include Technical Capacity and Environmental Risk. Technical Capacity 
will be reviewed for all eligible applications and will assess the 
recipients experience working with Federal agencies, previous 
experience with Port Infrastructure Development Grant awards, BUILD or 
INFRA awards, and the technical experience and resources dedicated to 
the project. Environmental Risk assessment analyzes the project's 
environmental approvals and likelihood of the necessary approval 
affecting project obligation. Risks do not disqualify projects from 
award, but competitive applications clearly and directly describe 
achievable risk mitigation strategies. A project with mitigated risks 
or with a risk mitigation plan is more competitive than a comparable 
project with unaddressed risks. To minimize redundant information in 
the application, the Department encourages applicants to cross-
reference from this section of their application to relevant 
substantive information in other sections of the application.
(a) Technical Capacity
    The applicant should provide information demonstrating technical 
capacity to implement the project based on experience and understanding 
of Federal requirements. This section may include a description of the 
applicant's history of delivering similar projects or experience 
completing a Federally supported project. The application should also 
demonstrate a project's feasibility or constructability and schedule, 
and how the design will comply with applicable Federal requirements.

[[Page 12659]]

(b) Environmental Risk
(1) Project Schedule
    The applicant should include a detailed project schedule that 
identifies all major project milestones. Examples of such milestones 
include State and local planning approvals; start and completion of 
NEPA and other Federal environmental reviews and approvals including 
permitting; design completion; right of way acquisition; approval of 
plans, specifications and estimates; procurement; State and local 
approvals; project partnership and implementation agreements, including 
agreements with railroads; and construction. The project schedule 
should be sufficiently detailed to demonstrate that the project can 
begin construction quickly upon obligation of PIDP funds, and that the 
grant funds will be spent expeditiously once construction starts.
    i. Information about the NEPA status of the project. The applicant 
should indicate the anticipated NEPA level of review for the project 
and describe any environmental analysis in progress or completed. This 
includes Categorical Exclusion, Environmental Assessment/Finding of No 
Significant Impact, or Environmental Impact Statement/Record of 
Decision. The applicant should review Maritime Administration Manual of 
Orders MAO 600-1 prior to submission. The application should detail the 
type of NEPA review underway, where the project is in the process, and 
indicate the anticipated date of completion of all milestones and of 
the final NEPA determination. If the last agency action with respect to 
NEPA documents occurred more than three years before the application 
date, the applicant should describe why the project has been delayed 
and include a proposed approach for verifying and, if necessary, 
updating this material in accordance with applicable NEPA requirements. 
If applicable, applicants should include a description of discussions 
with the appropriate Maritime Administration NEPA Coordinator in the 
Maritime Administration Office of Environment regarding the project's 
compliance with NEPA and other applicable Federal environmental reviews 
and approvals.
    ii. Environmental Permits and Reviews. The application should 
demonstrate receipt (or reasonably anticipated receipt) of all 
environmental permits and approvals necessary, including Section 106 of 
the National Historical Preservation Act, 54 U.S.C. 306108, and Section 
7 of the Endangered Species Act, 16 U.S.C. 1531, for the project to 
proceed to construction on the timeline specified in the project 
schedule and necessary to meet the statutory obligation deadline, 
including satisfaction of all Federal, State, and local requirements 
and completion of the NEPA process.
    iii. State and Local Approvals. The applicant should demonstrate 
receipt of State and local approvals on which the project depends, such 
as State and local environmental and planning. Additional support from 
relevant State and local officials is not required; however, an 
applicant should demonstrate that the project has broad public support.
    iv. Information on reviews, approvals, and permits by other 
agencies. An application should indicate whether the proposed project 
requires reviews or approval actions by other agencies,\3\ indicate the 
status of such actions, and provide detailed information about the 
status of those reviews or approvals and should demonstrate compliance 
with any other applicable Federal, State, or local requirements, and 
when such approvals are expected. Applicants should provide a website 
link or other reference to copies of any reviews, approvals, and 
permits prepared.
---------------------------------------------------------------------------

    \3\ Projects that may impact protected resources such as 
wetlands, species habitat, cultural or historic resources require 
review and approval by Federal and State agencies with jurisdiction 
over those resources.
---------------------------------------------------------------------------

    v. A description of whether the project is dependent on, or 
affected by, U.S. Army Corps of Engineers investment and the U.S. Army 
Corps of Engineers planned activities as it relates to the project.
    vi. Environmental studies or other documents, preferably through a 
website link, that describe in detail known project impacts, and 
possible mitigation for those impacts. This could include State NEPA 
analysis information as applicable.
    (2) Assessment of Project Readiness Risks and Mitigation Strategies
    The applicant should identify project risks, such as approval or 
permit delays, procurement delays, environmental uncertainties, 
increases in real estate acquisition costs, or lack of legislative 
approval, that affect the likelihood of successful project start and 
completion. The applicant should assess the greatest risks to the 
project and identify how the project parties will mitigate those risks.

VI. Domestic Preference

    This section should include a description of whether materials and 
manufactured products to be used in the project are produced or 
manufactured domestically. This section should also include an 
assessment of what, if any, materials or manufactured products would 
require an exception or waiver of the Buy American provisions described 
in section F.2 of this notice and the applicant's current efforts and 
planned future efforts to maximize domestic content. The content of 
this section of the application is particularly important for projects 
that propose the acquisition of heavy equipment (such as cranes) or 
bollard and fendering systems, which are often procured from foreign 
manufacturers. As described in Section E.1.c, failure to address Buy 
American compliance can affect whether an application is considered 
competitive for award and may prevent an award.

3. Unique Entity Identifier and System for Award Management (SAM)

    Each applicant must: (1) Be registered in SAM before submitting its 
application; (2) provide a valid unique entity identifier in its 
application; and (3) continue to maintain an active SAM registration 
with current information at all times during which it has an active 
Federal award or an application or plan under consideration by a 
Federal awarding agency. The Department may not make a PIDP Grant award 
to an applicant until the applicant has complied with all applicable 
unique entity identifier and SAM requirements and, if an applicant has 
not fully complied with the requirements by the time Department is 
ready to make a PIDP grant award, the Department may determine that the 
applicant is not qualified to receive a PIDP grant award and use that 
determination as a basis for making a PIDP grant award to another 
applicant.

4. Submission Dates and Times

i. Deadline
    Applications must be submitted by 8:00 p.m. EDT on May 18, 2020. 
The funding opportunity on Grants.gov will open by February 18, 2020.
    To submit an application through Grants.gov, applicants must:
    (1) Obtain a Data Universal Numbering System (DUNS) number;
    (2) Register with the System for Award Management (SAM) at 
www.SAM.gov;
    (3) Create a Grants.gov username and password; and
    (4) Complete Authorized Organization Representative (AOR) 
registration in Grants.gov. The E-Business Point of Contact (POC) at 
the applicant's organization must respond to the registration email 
from Grants.gov and login at Grants.gov to authorize the applicant as 
the AOR. Please note that there can be more than one AOR for an 
organization.

[[Page 12660]]

    Please note that the Grants.gov registration process usually takes 
2-4 weeks to complete and that the Department will not consider late 
applications that are the result of failure to register or comply with 
Grants.gov applicant requirements in a timely manner. For information 
and instruction on each of these processes, please see instructions at 
http://www.grants.gov/web/grants/applicants/applicantfaqs.html. If 
applicants experience difficulties at any point during the registration 
or application process, please call the Grants.gov Customer Service 
Support Hotline at 1(800) 518-4726, Monday-Friday from 7:00 a.m. to 
9:00 p.m. EST.

5. Consideration of Applications

    Only applicants who comply with all submission deadlines described 
in this notice and electronically submit valid applications through 
Grants.gov will be eligible for award. Applicants are strongly 
encouraged to make submissions in advance of the deadline.

6. Late Applications

    Applicants experiencing technical issues with Grants.gov that are 
beyond the applicant's control must contact [email protected] prior to the 
application deadline with the user name of the registrant and details 
of the technical issue experienced. The applicant must provide:
    (1) Details of the technical issue(s) experienced;
    (2) Screen capture(s) of the technical issues(s) experienced along 
with corresponding Grants.gov ``Grant tracking number'';
    (3) The ``Legal Business Name'' for the applicant that was provided 
in the SF-424;
    (4) The AOR name submitted in the SF-424;
    (5) The DUNS number associated with the application; and
    (6) The Grants.gov Help Desk Tracking Number.
    To ensure a fair competition for limited discretionary funds, the 
following conditions are not valid reasons to permit late submissions: 
(1) Failure to complete the various registration processes before the 
deadline; (2) failure to follow Grants.gov instructions on how to 
register and apply as posted on its website; (3) failure to follow all 
instructions in this notice of funding opportunity; and (4) technical 
issues experienced with the applicant's computer or information 
technology environment. After the Department reviews all information 
submitted and contacts the Grants.gov Help Desk to validate reported 
technical issues, DOT staff will contact late applicants to approve or 
deny a request to submit a late application through Grants.gov. If the 
reported technical issues cannot be validated, late applications will 
be rejected as untimely.

E. Application Review Information

1. Criteria

a. Merit Criteria
    This section specifies the merit criteria that the Department will 
use to evaluate and award applications for PIDP grants. Per the Act, 
the Secretary shall give substantial weight to the utilization of non-
Federal contributions and the net benefits as determined by the cost-
benefit analysis of the project. The Department encourages applicants 
to address each of the following criterion. Applicants that request 
exactly $10 million with an alternative request should provide 
sufficient information for the Department to assess the selection 
criteria for the alternative request.
i. Effect on the Movement of Goods
    The Department will evaluate the extent to which the project will 
improve the safety, efficiency, or reliability of the movement of goods 
through a port or intermodal connection to a port. To address this 
criterion, the application must include a discussion about how the 
project improves the safety, efficiency or reliability of the movement 
of goods. For projects that positively improve the movement of goods 
the project will satisfy the determination listed under Section 
C.3.ii.a
ii. Leverage of Federal Funding
    To maximize the impact of PIDP awards, the Department seeks to 
leverage PIDP funding with non-Federal contributions. To evaluate this 
criterion, the Department will assign a rating to each project based on 
the calculated non-Federal share of the project's future eligible 
project costs. The Department will sort project applications' non-
Federal leverage percentage from high to low, and the assigned ratings 
will be based on quintile: Projects in the 80th percentile and above 
receive the highest rating; the 60th-79th percentile receive the second 
highest rating; 40th-59th, the third highest; 20th-39th, the fourth 
highest; and 0-19th, the lowest rating. This evaluation criterion is 
separate from the statutory cost share requirements for PIDP grants, 
which are described in Section C.2. Those statutory requirements 
establish the minimum permissible non-Federal share; they do not define 
a competitive PIDP project.
    The project's non-Federal leverage percentage will be calculated 
based on the best available information provided by the applicant. In 
cases where the ultimate source of the funding is unclear, the funding 
will be treated as Federal for the purposes of this calculation.
    For the purposes of evaluating leverage, proceeds of Federal 
assistance under chapter 6 of Title 23, United States Code or sections 
501 through 504 of the Railroad and Revitalization and Regulatory 
Reform Act of 1976 (Public Law 94-210), as amended, shall be considered 
to be part of the non-Federal share of project costs if the loan is 
repayable from non-Federal funds, unless otherwise requested by the 
project sponsor.
iii. Net Benefits
    The Department will consider the costs and benefits of projects 
seeking PIDP funding. To the extent possible, the Department will rely 
on quantitative, data-supported analysis to assess how well a project 
addresses this criterion, including an assessment of the project's 
estimated benefit-cost ratio and net benefits based on the applicant-
supplied BCA described in Section D.2.IV.c.
    Based on the Department's assessment, the Department will group 
projects into ranges based on their estimated benefit costs ratio (BCR) 
and net present value (NPV), and assign a level of confidence 
associated with each project's assigned BCR and NPV ratings. The 
Department will use these ranges for BCR: Less than 1; 1-1.5; 1.5-3; 
and greater than 3. The Department will use these ranges for NPV: Less 
than $0; $0-$50,000,000; $50,000,000-$250,000,000; and greater than 
$250,000,000. The confidence levels are high, medium, and low. For 
projects that have a BCR greater than 1, the project will satisfy the 
determination in Section C.3.ii.b.
b. Project Readiness
    The Department will consider significant risks to successful 
completion of a project, including risks associated with technical 
capacity, environmental review, permitting, and the applicant's overall 
capacity to manage project delivery. Risks do not disqualify projects 
from award, but competitive applications clearly and directly describe 
achievable risk mitigation strategies. A project with mitigated risks 
is more competitive than a comparable project with unaddressed risks.

[[Page 12661]]

c. Domestic Preference
    The Department will consider whether an exception/waiver of the Buy 
American provisions will be necessary to complete the project. Among 
otherwise comparable applications, projects that depend on materials or 
manufactured products that do not comply with domestic preference 
requirements will be less competitive than projects that comply with 
those requirements. Among otherwise comparable applications that 
require exceptions or waivers, an application that presents an 
effective plan to maximize domestic content will be more competitive 
than one that does not. The Department will not award projects that 
likely need a waiver but present no plan to maximize domestic content.
d. Additional Considerations
i. Opportunity Zones
    The Department will consider whether a project is located within a 
qualified opportunity zone \4\ designated pursuant to 26 U.S.C. 1400Z-
1. A project located in a qualified opportunity zone is more 
competitive than a similar project that is not located in a qualified 
opportunity zone.
---------------------------------------------------------------------------

    \4\ See www.cdfifund.gov/Pages/Opportunity-Zones.aspx for more 
information on opportunity zones.
---------------------------------------------------------------------------

ii. R.O.U.T.E.S
    Consistent with the R.O.U.T.E.S. Initiative, the Department may 
consider how projects will address the challenges faced by rural areas 
under the Port Infrastructure Development Grant program. A project that 
effectively addresses those challenges is more competitive than a 
similar project that does not.
iii. Projects Awarded Less Than $10,000,000
    For Department awards that are under $10 million, the Department 
will give priority consideration for ports that handled less than 
10,000,000 short tons in 2017, as identified by the Army Corps of 
Engineers.

2. Review and Selection Process

a. Review Process
    The PIDP evaluation consists of Intake, a Technical Review Phase, 
and a Senior Review phase, each of which are described below. During 
the Technical Review Phase, Department staff will analyze applications 
and provide ratings, consistent with the descriptions in this NOFO. If 
the project has not substantively changed from prior submissions to 
BUILD or other Department programs, staff may rely on previous 
analysis.
    Based on this analysis, the Senior Review Team assembles a list of 
Projects for Consideration for selection by the Secretary based on the 
criteria described in Section E. The Secretary makes final selections 
based on the criteria described in Section E.
b. Determinations
    The Department must make the following determinations under 46 
U.S.C. 50302(c)(6)(A).
i. Authority To Carry Out the Project
    If the applicant demonstrates that they have the authority to carry 
out the project by providing citations of authority, or other 
supporting documentation with their application, the project will 
satisfy the determination outlined in Section C.3.ii.c.
ii. Unreasonable Delay
    If the application narrative and project schedule demonstrate that 
the project is reasonably expected to begin construction no later than 
18 months after the date of obligation of funds for the project, and 
will be fully completed within five years of obligation, the project 
satisfies the determination outlined in Section C.3.ii.e.
iii. Sufficient Matching Funds
    In assessing the availability of the proposed non-Federal financial 
commitments, the Department will consider the degree to which financing 
sources are dedicated to the proposed purposes and are highly likely to 
be available within the proposed project schedule. If the application 
narrative and project budget demonstrate that the applicant has 
sufficient funding available to meet the matching requirements, the 
project will satisfy the determination outlined in Section C.3.ii.d.
iv. Need for Financial Assistance
    The Department will evaluate how well the project demonstrates that 
it cannot be easily and efficiently completed without Federal funding 
or financial assistance available to the project sponsor. If 
applications sufficiently describe the impacts on the project of 
federal funding or financial assistance being unavailable for the 
project, and show the project cannot be easily or efficiently completed 
without such assistance the project will satisfy the determination 
outlined in Section C.3.ii.f.
c. Additional Information
    Throughout the review and selection process, the Department may 
seek additional information from an applicant related to project 
eligibility, whether the project can be completed with a reduced award, 
or data needed to complete project analysis.

3. Additional Information

    Development phase grant applications will be evaluated against the 
same criteria as capital grant applications, and the Department will 
prioritize funding for projects that propose to move into the 
construction phase within the period of obligation. Accordingly, 
applications for development phase activities will be less competitive 
than capital grants.
    Prior to grant obligation, each selected applicant will be subject 
to a risk assessment as required by 2 CFR 200.205. The Department must 
review and consider any information about the applicant that is in the 
designated integrity and performance system accessible through SAM 
(currently the Federal Awardee Performance and Integrity Information 
System (FAPIIS)). An applicant may review information in FAPIIS and 
comment on any information about itself. The Department will consider 
comments by the applicant, in addition to the other information in 
FAPIIS, in making a judgment about the applicant's integrity, business 
ethics, and record of performance under Federal awards when completing 
the review of risk posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notice

    Following the evaluation outlined in Section E, the Department will 
announce awarded projects by posting a list of selected projects at 
www.maritime.dot.gov/PIDPgrants. Notice of selection is not 
authorization to begin performance. Following that announcement, the 
Department will contact the point of contact listed in the SF 424 to 
initiate negotiation of the grant agreement for authorization.
    PIDP grant funds will reimburse recipients after expenses are 
incurred. PIDP Transportation Grant recipients must adhere to 
applicable requirements and follow established procedures to receive 
reimbursement. Recipient of an award will not receive a lump-sum cash 
disbursement at the time of award announcement or obligation of funds. 
Unless authorized in writing by the Department, an expense incurred 
before

[[Page 12662]]

a grant agreement is executed will not be reimbursed.

2. Administrative and National Policy Requirements

    PIDP grant funds will reimburse recipients after expenses are 
incurred. PIDP grant recipients must adhere to applicable requirements 
and follow established procedures to receive reimbursement. The 
recipient of an award will not receive a lump-sum cash disbursement at 
the time of award announcement or obligation of funds.
    The Department will determine the period of performance for each 
award based on the specific project that was evaluated and selected. 
DOT will administer each PIDP Grant pursuant to a grant agreement with 
the grant recipient. Amounts awarded as a grant under this notice that 
are not expended by the grant recipient shall remain available to DOT 
for use for grants under this program.
    All awards will be administered pursuant to the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards found in 2 CFR part 200, as adopted by the Department of 
Transportation at 2 CFR part 1201. Additionally, applicable Federal 
laws, Executive Orders, and any rules, regulations, and requirements of 
the Maritime Administration will apply to the projects that receive 
PIDP Grants awards.
    As expressed in Executive Orders 13788 of April 18, 2017 and 13858 
of January 31, 2019, it is the policy of the executive branch to 
maximize, consistent with law, the use of goods, products, and 
materials produced in the United States in the terms and conditions of 
Federal financial assistance awards. Consistent with the requirements 
of Section 410 of the Transportation, Housing and Urban Development, 
and Related Agencies Appropriations Act, 2020 (Pub. L. 116-94, div. H, 
December 20, 2019), the Buy American requirements of 41 U.S.C. 8301-
8305 apply to funds made available under this notice and other 
expenditures within the scope of the award, and all grant recipients 
must apply, comply with, and implement all provisions of the Buy 
American Act and related provisions in the grant agreement when 
implementing PIDP Grant projects. If selected for an award, grant 
recipients will be required to obtain approval from the Department 
before applying any Buy American Act exception. To obtain that 
approval, grant recipients must be prepared to demonstrate how they 
will maximize the use of domestic goods, products, and materials in 
constructing their project.
    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; statutory, 
regulatory, and public policy requirements, including without 
limitation, those protecting free speech, religious liberty, public 
welfare, the environment, and prohibiting discrimination; the 
conditions of performance, nondiscrimination requirements, and other 
assurances made applicable to the award of funds in accordance with 
regulations of the Department of Transportation; and applicable Federal 
financial assistance and contracting principles promulgated by the 
Office of Management and Budget. In complying with these requirements, 
recipients, in particular, must ensure that no concession agreements 
are denied or other contracting decisions made on the basis of speech 
or other activities protected by the First Amendment. If the Department 
determines that a recipient has failed to comply with applicable 
Federal requirements, the Department may terminate the award of funds 
and disallow previously incurred costs, requiring the recipient to 
reimburse any expended award funds.
    Additionally, Federal wage rate requirements included in subchapter 
IV of chapter 31 of title 40, U.S.C., apply to all projects receiving 
funds under this program, and apply to all parts of the project, 
whether funded with PIDP grant funds, other Federal funds, or non-
Federal funds.
    PIDP projects involving vehicle acquisition must involve only 
vehicles that comply with applicable Federal Motor Vehicle Safety 
Standards and Federal Motor Carriers Safety Regulations, or vehicles 
that are exempt from Federal Motor Vehicle Safety Standards or Federal 
Motor Carrier Safety Regulations in a manner that allows for the legal 
acquisition and deployment of the vehicle or vehicles.

3. Reporting

    This section of the notice provides general information about the 
reporting requirements that accompany PIDP Grant funding. Potential 
applicants should review these requirements to ensure that they can 
satisfy them if they receive an award. A recipient's failure to timely 
submit required reports may result in termination of an award and a 
legal requirement for the recipient to return funding to the 
Department.
a. Progress Reporting on Grant Activities
    Each applicant selected for PIDP Grants funding must submit 
quarterly progress reports and Federal Financial Reports (SF-425) to 
monitor project progress and ensure accountability and financial 
transparency in the PIDP.
b. Outcome Performance Reporting
    Each applicant selected for PIDP Grant funding must collect 
information and report on the project's observed performance with 
respect to the relevant long-term outcomes that are expected to be 
achieved through construction of the project. Performance indicators 
will include formal goals or targets for a period determined by the 
Department. They will be used to evaluate and compare projects and 
monitor the results that grant funds achieve to the intended long-term 
outcomes of the PIDP. To the extent possible, performance indicators 
used in the reporting will relate to at least one of the merit criteria 
defined in Section E and to a benefit estimated in the BCA. The 
Department expects that the level of performance will be consistent 
with estimates used in the applicant's BCA. Performance reporting 
continues for three years after project construction is completed, and 
the Department does not provide PIDP grant funding specifically for 
performance reporting. For each project selected for award, the 
Department, with input from the grant recipients, will identify the 
measures to be collected. Those measures and the reporting requirements 
will be formalized in the agreement obligating award funds for the 
project.
c. Port Performance Reporting
    The Department is required to report annually on port performance 
(see Sec. 6314 of the FAST Act). To help the Department more accurately 
assess port performance, PIDP grant recipients will be required to 
enter a data sharing agreement to submit to the Department information 
where consistent data related to the project, particularly on cargo 
throughput, is not publicly available and difficult to collect from 
ports and port terminals. Data, which must originate from the port, 
that will be required as a condition of award may include some or all 
the following:
     Total capacity of inbound and outbound cargo
     Total volume of inbound and outbound cargo
     Average number of lifts per hour of containers by crane
     Average vessel turn time by vessel type
     Average cargo or container dwell time

[[Page 12663]]

     Port storage capacity and utilization
     Modal throughput statistics, including rail and truck turn 
times
     Types of cargo moved
     Presences and location of intermodal connectors
     Physical size of the terminals within the port boundaries
     Maximum authorized channel depth and maximum actual/
current channel depth
     Schedule vessel arrivals (for use in determining vessel 
on-time performance)
     Berth utilization
    Details and definitions on the data elements described above will 
be provided in the data sharing agreement with the Department.
d. Reporting of Matters Related to Recipient Integrity and Performance
    If the total value of a selected applicant's currently active 
grants, cooperative agreements, and procurement contracts from all 
Federal awarding agencies exceeds $10,000,000 for any period of time 
during the period of performance of this Federal award, then the 
applicant during that period of time must maintain the currency of 
information reported to the SAM that is made available in the 
designated integrity and performance system (currently FAPIIS) about 
civil, criminal, or administrative proceedings described in paragraph 2 
of this award term and condition. This is a statutory requirement under 
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As 
required by section 3010 of Public Law 111-212, all information posted 
in the designated integrity and performance system on or after April 
15, 2011, except past performance reviews required for Federal 
procurement contracts, will be publicly available.

G. Federal Awarding Agency Contacts

    For further information concerning this notice please contact the 
PIDP staff via email at [email protected], or call or call Bob Bouchard, 
Director, Office of Port Infrastructure Development, at 202-366-5076. A 
TDD is available for individuals who are deaf or hard of hearing at 
202-366-3993. In addition, the Department will post answers to 
questions and requests for clarifications at www.maritime.dot.gov/PIDPgrants. To ensure applicants receive accurate information about 
eligibility or the program, the applicant is encouraged to contact DOT 
directly, rather than through intermediaries or third parties, with 
questions. DOT may also conduct briefings on the PIDP Grants selection 
and award process upon request.

H. Other information

1. Protection of Confidential Business Information

    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If the applicant submits information 
that the applicant considers to be a trade secret or confidential 
commercial or financial information, the applicant must provide that 
information in a separate document, which the applicant may cross-
reference from the application narrative or other portions of the 
application. For the separate document containing confidential 
information, the applicant must do the following: (1) State on the 
cover of that document that it ``Contains Confidential Business 
Information (CBI)''; (2) mark each page that contains confidential 
information with ``CBI''; (3) highlight or otherwise denote the 
confidential content on each page; and (4) at the end of the document, 
explain how disclosure of the confidential information would cause 
substantial competitive harm. DOT will protect confidential information 
complying with these requirements to the extent required under 
applicable law. If DOT receives a Freedom of Information Act (FOIA) 
request for the information that the applicant has marked in accordance 
with this section, DOT will follow the procedures described in its FOIA 
regulations at 49 CFR 7.29. Only information that is in the separate 
document, marked in accordance with this section, and ultimately 
determined to be confidential under Sec.  7.29 will be exempt from 
disclosure under FOIA.

2. Publication/Sharing of Application Information

    Following the completion of the selection process and announcement 
of awards, the Department intends to publish a list of all applications 
received along with the names of the applicant organizations and 
funding amounts requested. Except for the information properly marked 
as described in Section H.1., the Department may make application 
narratives publicly available or share application information within 
the Department or with other Federal agencies if the Department 
determines that sharing is relevant to the respective program's 
objectives.

    Issued in Washington, DC, on February 24, 2020.
Elaine L. Chao,
Secretary.
[FR Doc. 2020-04309 Filed 3-2-20; 8:45 am]
BILLING CODE 4910-9X-P