[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39664-39671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14142]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Funding Opportunity for Magnetic Levitation Deployment 
Projects

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 
Magnetic Levitation Technology Deployment Program (Maglev Grants 
Program). This notice solicits applications for $2,000,000 in Maglev 
Grants Program funds. The opportunity described in this notice is made 
available under Catalog of Federal Domestic Assistance (CFDA) number 
20.318, ``Maglev Project Selection Program--SAFETEA-LU.''

DATES: Applications for funding under this solicitation are due no 
later than 5 p.m. ET July 31, 2020. Applications for funding, or 
supplemental material in support of an application, received after 5 
p.m. ET on July 31, 2020 will not be considered for funding. Incomplete 
applications will not be considered 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, an applicant may 
submit an original and two (2) copies to Ruthie Americus, Office of 
Policy and Planning, Federal Railroad Administration, 1200 New Jersey 
Avenue SE, Room W36-412, 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.

FOR FURTHER INFORMATION CONTACT: For further information related to 
this notice, please contact 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. The definitions of key terms used throughout the 
NOFO are provided in Section 2(A). These key terms are capitalized 
throughout the NOFO. There are several administrative prerequisites and 
specific eligibility requirements described herein that applicants must 
comply with to submit an application. 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 eligible capital project costs and preconstruction planning 
activities for the deployment of magnetic levitation transportation 
projects, authorized under and funded in the Further Consolidated 
Appropriations Act, 2020, Div H, Tit I, Public Law 116-94 (2020 
Appropriation), consistent with the language in section 1307(a) through 
(c) of Public Law 109-59 (SAFETEA-LU), as amended by section 102 of 
Public Law 110-244 (Technical Corrections Act) (23 U.S.C. 322 note).

2. Definitions of Key Terms

    a. ``Full Project Cost'' means the total capital costs of a Maglev 
project including eligible project costs and the cost of stations, 
vehicles and equipment.
    b. ``Magnetic Levitation'' or ``Maglev'' means transportation 
systems employing magnetic levitation that would be capable of safe use 
by the public at a speed in excess of 240 miles per hour.
    c. ``National Environmental Policy Act (NEPA)'' is a Federal law 
that requires Federal agencies to analyze the environmental impacts of 
a proposed action, in consultation with appropriate Federal, State, and 
local authorities, and with the public. The NEPA class of action 
depends on the nature of the proposed action, its complexity, and the 
potential impacts. For purposes of this NOFO, NEPA also includes all 
related Federal laws and regulations including: the Clean Air Act, 
section 4(f) of the Department of Transportation Act, section 7 of the 
Endangered Species Act, and section 106 of the National Historic 
Preservation Act. Additional information regarding FRA's environmental 
processes and requirements are located at https://www.fra.dot.gov/environment.
    d. ``State'' has the meaning such term has under 23 U.S.C. 101(a).

B. Federal Award Information

1. Available Award Amount

    The total funding available for awards under this NOFO is 
$2,000,000. Should additional Maglev funds become available after the 
release of this NOFO, FRA may elect to award such additional funds to 
applications received under this NOFO.

2. Award Size

    There are no predetermined minimum or maximum dollar thresholds for 
awards. FRA may not be able to award grants to all eligible 
applications, or even those applications that meet or exceed the stated 
evaluation criteria (see Section E, Application Review Information).
    Projects may require more funding than is available. FRA encourages 
applicants to propose projects or components of projects that have 
operational independence that can be completed and implemented with the 
level of funding available together with other sources.
    FRA strongly encourages applicants to identify and include State, 
local, public, or private funding or financing to support the proposed 
project to maximize competitiveness.

3. Award Type

    FRA will make awards for projects selected under this notice 
through grant

[[Page 39665]]

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 grant recipients 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 grant recipient 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.dot.gov/elibrary/notice-grant-award-example. This template is 
subject to revision.

C. Eligibility Information

    This section of the notice explains applicant eligibility, cost 
sharing and matching requirements, and project eligibility. 
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

    Applicants must be a State, States, or an authority designated by 
one or more States.\1\ If the proposed Maglev service would operate in 
more than one State, a single State or designated State authority 
should apply on behalf of all participating States. FRA encourages 
States to submit applications through their respective State 
Departments of Transportation. Eligible applicants may reference 
entities that are not eligible applicants in an application as a 
project partner.
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    \1\ See section D(2)(a)(iv) for supporting documentation 
required to demonstrate eligibility under this eligibility category.
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2. Cost Sharing or Matching

    The Federal share of Full Project Costs will not exceed 80 percent. 
The funds available under this NOFO are available only for eligible 
project costs of eligible Maglev projects. As a result, under this NOFO 
the Federal share of the estimated total eligible project costs will 
not exceed 80 percent. 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/or facilities. 
Additionally, in preparing estimates of total project costs, applicants 
should refer to FRA's cost estimate guidance documentation, ``Capital 
Cost Estimating: Guidance for Project Sponsors,'' which is available 
at: https://www.fra.dot.gov/Page/P0926.
    The minimum 20 percent non-Federal share may be composed of public 
sector (e.g., state or local) and/or private sector funding. FRA will 
not consider any Federal financial assistance, nor any non-Federal 
funds already expended (or otherwise encumbered) toward the matching 
requirement, unless compliant with 2 CFR 200.306. 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 to demonstrate broad participation and cost 
sharing from affected stakeholders.
    Before applying, applicants should carefully review the principles 
for cost sharing or matching in 2 CFR 200.306. See Section D(2)(a)(iii) 
for required application information on non-Federal match and Section E 
for further discussion of FRA's consideration of matching funds in the 
review and selection process. FRA will only approve pre-award costs 
consistent with 2 CFR 200.458, as applicable. See Section D(6).

3. Project Eligibility

    Eligible Maglev projects must: (1) Involve a segment or segments of 
a high-speed ground transportation corridor; (2) result in an operating 
transportation facility that provides a revenue producing service; (3) 
and be approved by the Secretary based on an application submitted to 
the Secretary of Transportation by a State or authority designated by 
one or more States. With respect to the second criterion, Congress 
titled section 1307 of SAFETEA-LU ``Deployment of Magnetic Levitation 
Transportation Projects'' and provided funding through section 
1101(a)(18) of SAFETEA-LU, as amended by the Technical Corrections Act, 
for the ``deployment of magnetic levitation projects.'' Congress also 
provided funding through the 2020 Appropriation for the ``deployment of 
magnetic levitation projects.'' FRA interprets this language to mean 
that the Federal funds be used to directly advance and result in the 
construction of a Maglev project.
    Funding under this NOFO is available for eligible project costs for 
eligible Maglev projects. Eligible project costs are: (1) The capital 
cost of the fixed guideway infrastructure of a Maglev project including 
land, piers, guideways, propulsion equipment and other components 
attached to guideways, power distribution facilities (including 
substations), control and communications facilities, access roads, and 
storage, repair, and maintenance facilities and (2) preconstruction 
planning activities. Eligible project costs exclude new stations and 
rolling stock, as well as costs incurred solely for land or right-of-
way acquisition (even if such acquisition is to secure operational 
right-of-way).
    Funding under this NOFO may not be used for costs that are included 
in or used to meet cost sharing or matching requirements of, any other 
Federally-financed award or program. If the applicant is seeking 
additional funding for a project that has already received Federal 
financial assistance, costs associated with the scope of work for the 
existing Federal award are not eligible for funding under this NOFO. 
Only new scope (e.g., new deliverables) is eligible for funding under 
this NOFO.

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 other relevant supporting 
documentation that the applicant would like to submit, such as 
planning, environmental documentation, engineering and design 
documentation, letters of support, etc. that will not count against the 
Project Narrative 25-page limit. In particular, applications 
accompanied by completed feasibility studies and cost estimates

[[Page 39666]]

may be more favorably considered during the evaluation process, as they 
demonstrate that an applicant has a greater understanding of the scope 
and cost of the project.

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 31, 
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 Ruthie Americus, 
Office of Policy and Planning, Federal Railroad Administration, 1200 
New Jersey Avenue SE, Room W36-403, Washington, DC 20590; email: 
[email protected].
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.
    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)
 SF424--Application for Federal Assistance
 Either: SF 424A--Budget Information for Non-Construction 
projects or SF 424C--Budget Information for Construction
 Either: SF 424B--Assurances for Non-Construction projects or 
SF 424D--Assurances for Construction
 FRA's Additional Assurances and Certifications
 SF LLL--Disclosure of Lobbying Activities
a. Project Narrative
    This section describes the minimum content required in the Project 
Narrative of the grant application. The Project Narrative must follow 
the basic outline below to address the program requirements and assist 
evaluators in locating relevant information.

I. Cover Page..........................  See D.2.a.i
II. Project Summary....................  See D.2.a.ii
III. Project Funding Summary...........  See D.2.a.iii
IV. Applicant Eligibility Criteria.....  See D.2.a.iv
V. Project Eligibility Criteria........  See D.2.a.v
VI. Detailed Project Description.......  See D.2.a.vi
VII. Project Location..................  See D.2.a.vii
VIII. Evaluation and Selection Criteria  See D.2.a.viii
IX. Project Implementation and           See D.2.a.ix
 Management.
X. Planning Readiness..................  See D.2.a.x
XI. Environmental Readiness............  See D.2.a.xi
 

    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 Project 
Narratives beyond 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 page number of the relevant portion of the supporting 
documentation 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..........................
Applicant..............................
The amount of Federal funding requested
The amount of non-Federal match........
The total project cost.................
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 Summary: Indicate in table format the amount 
of Federal funding requested, the proposed non-Federal match, 
identifying contributions from the private sector if applicable, and 
total project cost. Describe the non-Federal funding arrangement, 
including multiple sources of non-Federal funding if applicable. 
Include funding commitment letters outlining funding agreements, as 
attachments or in an appendix. Identify any other sources of Federal 
funds committed to the project and any pending Federal requests. 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 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. Include funding commitment 
letters outlining funding agreements, as attachments or in an appendix. 
If applicable, provide the type and estimated value of any proposed in-
kind contributions, and demonstrate how the in-kind contributions meet 
the requirements in 2 CFR 200.306.
    Example Project Funding Table:

----------------------------------------------------------------------------------------------------------------
                                   Task name/Project                                             Percentage of
            Task No.                   component                                 Cost             total cost
----------------------------------------------------------------------------------------------------------------
1
2
-----------------------------------------------------
Total Project Cost
Federal Funds Received from Previous Grants
Maglev Federal Funding Request
Non-Federal Funding/Match                                                 Cash:.............  ..................
                                                                          In-Kind:
Portion of Non-Federal Funding from the Private
 Sector
Portion of Non-Federal Funding from the Public
 Sector
Pending Federal Funding Requests
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[[Page 39667]]

    iv. Applicant Eligibility Criteria: Explain how the applicant meets 
the applicant eligibility criteria outlined in Section C of this 
notice. For authorities designated by one or more States, the 
explanation must include citations to the applicable enabling 
legislation and references to applicable documentation.
    v. Project Eligibility Criteria: Explain how the project meets the 
project eligibility criteria in Section C(3) of this notice.
    vi. Detailed Project Description: Include a detailed project 
description that expands upon the summary required above. This detailed 
description should provide, at a minimum: additional background on the 
transportation challenges the project aims to address, the expected 
users, beneficiaries, and outcomes of the project, and any other 
information the applicant deems necessary to justify the proposed 
project. Be specific regarding the relevance or relationship of the 
proposed project to other investments in the region along the corridor, 
as well as the operating changes that are anticipated to result from 
the introduction and integration of Maglev services within existing 
transportation corridors and assess the major risks (including safety 
risks) or obstacles to Maglev's successful deployment and operation. 
Provide a detailed summary of all work completed to date, including any 
preliminary engineering work, the project's previous accomplishments 
and funding history including Federal financial assistance, and a 
chronology of key documents produced and funding events (e.g., grants 
and financing). An applicant should specify whether it is seeking 
funding for a project that has already received Federal financial 
assistance, and if applicable, explain how the new scope proposed to be 
funded under this NOFO relates to the previous scope. Consistent with 
the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department 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.
    vii. 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.
    viii. Evaluation and Selection Criteria: Include a thorough 
discussion of how the proposed project meets all 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. 
For the life-cycle cost selection criteria, applicants should 
demonstrate a credible plan to maintain their asset without having to 
rely on Federal funding including a description of the applicants' 
approach to ensuring operations and maintenance will not be underfunded 
in future years.
    ix. Project Implementation and Management: Describe proposed 
project implementation and project management arrangements for the full 
Maglev corridor project, including the activities proposed in this 
application. 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 (see https://www.fra.dot.gov/Page/P0274). Identify 
key personnel involved in the implementation and management of the 
project and describe their qualifications and functional 
responsibilities associated with the project. Describe experience in 
managing and overseeing similar projects.
    x. Planning Readiness: Provide information about the planning 
process that analyzed the investment needs and service objectives of 
the project. If applicable, cite sources of this information from a 
service development plan, State or regional rail plan, or similar 
planning document where the project has been identified for solving a 
specific existing transportation problem, and makes the case for 
investing in the proposed solution. Describe the plan to pay for any 
planning, land acquisition, buildout, testing, and implementation of 
the project, and specify long term financial plans to own, operate and 
maintain Maglev services.
    xi. Environmental Readiness: Describe anticipated environmental or 
historic preservation impacts associated with the proposed project, any 
environmental or historic preservation analyses that have been 
prepared, and any ongoing progress toward completing environmental 
documentation or clearance required for the proposed project under NEPA 
as defined in this NOFO. Provide, as available, a schedule to complete 
these actions. Applicants are encouraged to contact FRA and obtain 
preliminary direction regarding the appropriate NEPA class of action 
and required environmental documentation. Generally, projects will be 
ineligible to receive funding if they have begun construction 
activities prior to the applicant/grant recipient receiving written 
approval from FRA that all environmental and historical analyses have 
been completed.
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, studies 
of economic feasibility, environmental analyses, and information on the 
expected use of equipment or facilities
    ii. SF424--Application for Federal Assistance.
    iii. Either: SF 424A--Budget Information for Non-Construction 
projects or SF 424C--Budget Information for Construction.
    iv. Either: SF 424B--Assurances for Non-Construction projects or SF 
424D--Assurances for Construction.
    v. FRA's Additional Assurances and Certifications; and
    vi. SF LLL--Disclosure of Lobbying Activities.
    vii. 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.
    viii. 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 39668]]

    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, 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 sub-recipients. 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 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 in their entirety to 
www.Grants.gov no later than 5:00 p.m. ET, July 31, 2020. FRA reviews 
www.Grants.gov information on dates/times of applications submitted to 
determine timeliness of submissions. Late applications will be neither 
reviewed nor considered. Delayed registration is not an acceptable 
reason for late submission. Applicants are strongly encouraged to apply 
early to ensure that 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 registration process before the deadline; 
(2) failure to follow Grants.gov instructions on how to register and 
apply as posted on its website; (3) failure to follow all instructions 
in this NOFO; and (4) technical issues experienced with the applicant's 
computer or information technology environment.
    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.

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. Applicants must contact their State SPOC to 
determine if the program has been selected for State review.

[[Page 39669]]

6. Funding Restrictions

    Consistent with 2 CFR 200.458, 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. 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 
written approval may not be eligible for reimbursement or included as a 
grant recipient's matching contribution. Cost sharing or matching may 
be used only for authorized Federal award purposes.
    As stated in Section C(3), funding under this NOFO is not available 
for costs incurred for new stations and rolling stock, as well as costs 
incurred for land or right-of-way acquisition (even if such acquisition 
is to secure operational right-of-way).

7. Other Submission Requirements

    For any supporting application materials that an applicant cannot 
submit via Grants.gov, an applicant may submit an original and two (2) 
copies to Ruthie Americus, Office of Policy and Planning, Federal 
Railroad Administration, 1200 New Jersey Avenue SE, Room W36-412, 
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, providing 
instructions to FRA on 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 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 
match in determining whether the application is eligible.
b. Evaluation Criteria
    FRA subject-matter experts will evaluate all eligible and complete 
applications against the following evaluation criteria:
    i. The extent to which the project would feasibly integrate Maglev 
systems with conventional rail systems, such as establishing efficient 
connections and transfers.
    ii. The extent to which funds awarded under this section would 
result in investments that are beneficial not only to the Maglev 
project, but also to other current or near-term transportation 
projects.
    iii. The degree to which the project demonstrates: (a) The 
potential for public-private partnerships and (b) that the project will 
stand alone as a complete, self-sustaining operation where fully 
allocated operating expenses of the Maglev service are projected to be 
offset by revenues attributable to the service.
    iv. The extent of the demonstrated financial commitment to the 
construction of the proposed project from both non-Federal public and 
private sources.
    v. The extent to which the project demonstrates coordination and 
consistency with any applicable ongoing or completed environmental and 
planning studies for passenger rail on or connecting to the geographic 
route segment being proposed for Maglev investment.
    vi. The degree to which the project will successfully operate in 
the variety of Maglev operating conditions which are to be expected in 
the United States. For example, these conditions might include a 
variety of at-grade, elevated and depressed guideway structures, 
extreme temperatures, and intermodal connections at terminals.
    vii. The feasibility of the project meeting a top speed of at least 
240 miles per hour (MPH). FRA will also consider the ability to meet 
higher speeds as well as the duration that speeds of at least 240 MPH 
can be attained.
c. Selection Criteria
    In addition to the eligibility and completeness review and the 
evaluation criteria outlined in this section, FRA will apply the 
following selection criteria.
    i. FRA will take into account the following key Departmental 
objectives:
    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 the 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; and,
    e. Holding grant recipients accountable for their performance and 
achieving specific, measurable outcomes identified by grant applicants.
    ii. 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 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.
    iii. Consistent with the Department's R.O.U.T.E.S. Initiative 
(https://www.transportation.gov/rural), the Department recognizes that 
rural transportation networks face unique challenges. To the extent 
that those challenges are reflected in the merit criteria listed in 
this section, the Department will consider how the activities proposed 
in the application will address those challenges, regardless of the 
geographic location of those activities.

2. Review and Selection Process

    FRA will conduct a four-part application review process, as 
follows:
    a. Screen applications for completeness and eligibility;
    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 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

[[Page 39670]]

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 the FRA website after the application review period. 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. FRA requires satisfaction of applicable requirements by the 
applicant and a formal agreement signed by both the grant recipient and 
FRA, including an approved scope, schedule, and budget, to obligate the 
grant.

2. Administrative and National Policy Requirements

    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, grant recipients 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 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, 
grant recipients must ensure that no concession agreements are denied 
or other contracting decisions made based on speech or other activities 
protected by the First Amendment. If the Department determines that a 
grant recipient has failed to comply with applicable Federal 
requirements, the Department may terminate the award of funds and 
disallow previously incurred costs, requiring the grant recipient to 
reimburse any expended award funds.
    Examples of administrative and national policy requirements 
include: 2 CFR 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 Buy American Act, 41 U.S.C. 8301-
8305. Financial assistance made available under this NOFO, and projects 
assisted with such assistance, are subject to 49 U.S.C. 5333(a). Unless 
otherwise stated in statutory or legislative authority, or 
appropriations language, all financial assistance awards follow the 
Uniform Administrative Requirements, Cost Principles and Audit 
Requirements for Federal Awards at 2 CFR 200 and 2 CFR 1201.
    Grant recipients 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://www.fra.dot.gov/eLib/details/L05285. 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.
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://www.fra.dot.gov/eLib/details/L05285.
    If the Federal share of any Federal award under this NOFO may 
include 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.
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 grant recipient to assess progress in achieving 
strategic goals and objectives.

G. Federal Awarding Agency Contacts

    For further information regarding this notice and the grants 
program, please contact Ruthie Americus, Office of Policy and Planning, 
Federal Railroad Administration,1200 New Jersey Avenue SE, Room W36-
403, Washington, DC 20590; email: [email protected].

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 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

[[Page 39671]]

applicants may be released in response to FOIA requests.

Quintin Kendall,
Deputy Administrator.
[FR Doc. 2020-14142 Filed 6-30-20; 8:45 am]
BILLING CODE 4910-06-P