[Federal Register Volume 85, Number 145 (Tuesday, July 28, 2020)]
[Notices]
[Pages 45460-45465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16342]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Discretionary Funding Opportunity: Grants for Pilot Program for 
Expedited Project Delivery

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of funding opportunity (NOFO).

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SUMMARY: The Federal Transit Administration (FTA) announces the 
opportunity to apply for a total of $225 million in Fiscal Year (FY) 
2020, FY 2019, FY 2017 and FY 2016 funds under the Expedited Project 
Delivery Pilot Program (EPD Pilot Program) authorized by Section 
3005(b) of the Fixing America's Surface Transportation Act (FAST Act). 
The EPD Pilot Program is aimed at expediting delivery of new fixed 
guideway capital projects, small starts projects, or core capacity 
improvement projects. These projects must utilize public-private 
partnerships, be operated and maintained by employees of an existing 
public transportation provider, and have a Federal share not exceeding 
25 percent of the project cost. The FAST Act specifies that not more 
than eight projects can be awarded grants under the EPD Pilot Program. 
FTA may award additional funds if they are made available to the EPD 
Pilot Program.

DATES: Applications will be accepted on a rolling basis until up to 
eight grants are awarded and subject to funding availability. Complete 
proposals must be submitted electronically through the EPD Pilot 
Program website at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b. Mail and fax submissions will 
not be accepted.

FOR FURTHER INFORMATION CONTACT: Susan Eddy, FTA Office of Planning and 
Environment, 202-366-5499, or [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts

A. Program Description

    Section 3005(b) of the FAST Act, Public Law 114-94 (December 4, 
2015), authorizes FTA to award not more than eight grants for the EPD 
Pilot Program through a discretionary process, as described in this 
notice, for new fixed guideway capital projects, small starts projects, 
or core capacity improvement projects that have not yet entered a 
construction grant agreement with the FTA. The law defines these types 
of eligible projects for the EPD Pilot Program in a manner similar to, 
but not entirely the same as, FTA's Capital Investment Grants (CIG) 
program. The FTA encourages applicants to review the definitions found 
in Section C of this NOFO to ensure the project's eligibility. Projects 
must utilize public-private partnerships, be operated and maintained by 
employees of an existing public transportation provider, and have a 
Federal share not exceeding 25 percent of the project cost.
    On September 12, 2018, FTA published a Federal Register Notice 
(FRN) soliciting expressions of interest in the EPD Pilot Program. In 
response to the FRN, four project sponsors, representing a total of 
seven projects, submitted expressions of interest. FTA worked with all 
four project sponsors to further define the steps in the EPD Pilot 
Program for the projects to be eligible for funding. On August 28, 
2019, FTA announced the allocation of $125 million under the EPD Pilot 
Program to the Santa Clara Valley Transportation Authority (VTA) for 
the Bay Area Rapid Transit (BART) Silicon Valley Phase II project. VTA 
was one of the four sponsors that previously expressed an interest in 
the program. The remaining $100 million is currently available for 
allocation.
    All interested project sponsors, including those who submitted 
expressions of interest in response to the FRN, even if they have 
received or will receive an allocation, must meet the EPD Pilot Program 
requirements contained in this NOFO and must apply based on the 
requirements further described in this NOFO before they can be 
considered for a construction grant agreement. Project sponsors who did 
not previously express an interest in the EPD Pilot Program are 
eligible to apply to the EPD Pilot Program consistent with the 
eligibility and application requirements of the EPD Pilot Program.

B. Federal Award Information

    Congress appropriated $100 million for the EPD Pilot Program in FY 
2020, $100 million in FY 2019, $20 million in FY 2017, and $5 million 
in FY 2016. The FTA is announcing the opportunity to apply for $225 
million in grant funding through this notice. Successful applicants 
will receive a grant from FTA.
    The FTA will grant pre-award authority to incur costs for selected 
projects beginning on the date that the project selections are 
announced.

C. Eligibility Information

1. Eligible Applicants
    Eligible applicants to the EPD Pilot Program are state or local 
government authorities who must demonstrate:
    a. The requisite legal, financial, and technical capacities to 
carry out the eligible project, including the safety and security 
aspects of the eligible project;
    b. Satisfactory continuing control over the use of the equipment or 
facilities;
    c. The technical and financial capacity to maintain new and 
existing equipment and facilities;
    d. That they have qualified advisors providing guidance on the 
terms and structure of the project who are

[[Page 45461]]

independent from investors in the project; and
    e. That the existing public transportation system is in a state of 
good repair.
2. Cost Sharing or Matching
    a. The maximum Federal share for projects selected under the EPD 
Pilot Program is 25 percent of the total project cost.
    b. The remainder of the capital project cost shall be provided from 
an undistributed cash surplus, a replacement or depreciation cash fund 
or reserve, or new capital.
3. Eligible Projects
    Under the EPD Pilot Program, eligible projects are new fixed 
guideway capital projects, small start projects, or core capacity 
improvement projects that have not entered into a full funding grant 
agreement with FTA. New fixed guideway capital projects or small start 
projects may include the acquisition of real property, the initial 
acquisition of rolling stock for the system, the acquisition of right-
of-way, and relocation. Core capacity improvement projects may include 
the acquisition of real property, the acquisition of rights-of-way, 
double tracking, signalization improvements, electrification, expanding 
system platforms, acquisition of rolling stock associated with corridor 
improvements increasing capacity, construction of infill stations, and 
such other capacity improvements as FTA determines are appropriate to 
increase the capacity of an existing fixed guideway system corridor by 
not less than 10 percent. Core capacity improvement projects may not 
include elements to improve general station facilities or parking, or 
acquisition of rolling stock alone.
    Eligible projects must:
    a. Be included in an approved transportation plan, approved 
transportation improvement program, and statewide transportation 
improvement program as required under 49 U.S.C. 5303 and 5304;
    b. Be supported through a public-private partnership;
    c. Identify and demonstrate an acceptable degree of local financial 
commitment;
    d. Be operated and maintained by employees of an existing provider 
of fixed guideway or bus rapid transit public transportation in the 
service area of the project, or if none exists, by employees of an 
existing transportation provider in the service area;
    e. Have completed the planning and activities required under the 
National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321, et 
seq.);
    f. Not be the subject of an outstanding injunction or stop work 
order;
    g. Have executed all identified critical third-party agreements; 
and
    h. Have completed at least 30 percent of project design and 
engineering.
4. Definitions
    For purposes of this notice, the following definitions will apply:
    a. The term ``new fixed guideway capital project'' means:
    i. A fixed guideway project that is a minimum operable segment or 
extension to an existing fixed guideway system; or
    ii. a fixed guideway bus rapid transit project that is a minimum 
operable segment or an extension to an existing bus rapid transit 
system.
    b. The term ``fixed guideway bus rapid transit project'' means a 
bus capital project:
    i. In which the majority of the project operates in a separated 
right-of-way dedicated for public transportation use during peak 
periods;
    ii. that represents a substantial investment in a single route in a 
defined corridor or subarea; and
    iii. that includes features that emulate the services provided by 
rail fixed guideway public transportation systems, including:
    (a) Defined stations;
    (b) traffic signal priority for public transportation vehicles;
    (c) short headway bidirectional services for a substantial part of 
weekdays and weekend days; and
    (d) any other features the Secretary of Transportation may 
determine are necessary to produce high-quality public transportation 
services that emulate the services provided by rail fixed guideway 
public transportation systems.
    c. The term ``small start project'' means a new fixed guideway 
capital project, a fixed guideway bus rapid transit project, or a 
corridor-based bus rapid transit project for which:
    i. The Federal assistance provided or to be provided under this EPD 
Pilot Program is less than $75,000,000; and
    ii. the total estimated capital cost is less than $300,000,000.
    d. The term ``corridor-based bus rapid transit project'' means a 
small start project utilizing buses in which the project represents a 
substantial investment in a defined corridor as demonstrated by 
features that emulate the services provided by rail fixed guideway 
public transportation systems:
    i. Including:
    (a) defined stations;
    (b) traffic signal priority for public transportation vehicles;
    (c) short headway bidirectional services for a substantial part of 
weekdays; and
    (d) any other features the Secretary of Transportation may 
determine support a long-term corridor investment; and
    ii. the majority of which does not operate in a separated right-of-
way dedicated for public transportation use during peak periods.
    e. The term ``core capacity improvement project'':
    i. Means a substantial corridor-based capital investment in an 
existing fixed guideway system that increases the capacity of a 
corridor by not less than 10 percent; and
    ii. may include project elements designed to aid the existing fixed 
guideway system in making substantial progress towards achieving a 
state of good repair.
    f. The terms ``capital project'', ``fixed guideway'', ``local 
governmental authority'', ``public transportation'', ``State'', and 
``state of good repair'' have the meanings given those terms in section 
5302 of title 49, United States Code.
    g. The term ``public-private partnership'' means a contractual 
agreement formed between a public agency and a private sector entity 
that is characterized by private sector investment and risk-sharing in 
the delivery, financing, and/or operation of a capital project; and to 
maintain eligibility for the EPD Pilot Program, the capital project 
must be operated and maintained by employees of an existing public 
transportation provider.
    h. The term ``critical third-party agreement'' means one which has 
been identified by the applicant and verified during the application 
review process by FTA in collaboration with the applicant and any other 
project participant, as required before construction or operations can 
begin, the absence of which may significantly change the cost, scope 
and schedule. Further FTA information on critical third party 
agreements can be found at https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/regulations-and-guidance/116521/op-39-3rd-party-agreements-01-2018.pdf.
    i. The term ``committed funds'' means that the funds have all 
necessary approval (legislative or referendum) to be used to fund the 
project without any additional action. Examples of evidence include an 
adopted state annual budget and an adopted multi-year local Capital 
Improvement Program (CIP).
    j. The term ``30 percent of project design and engineering'' means 
the FTA

[[Page 45462]]

expects the applicant to provide documents at the following level of 
detail:
    i. Project Management Plan (PMP) and sub-plans--should include 
processes and procedures to continuously manage the project and a 
staffing plan that identifies key personnel and demonstrates the 
applicant's management capacity and capability. For elements and 
requirements of Project Management Plans (PMP) and sub-plans see 49 CFR 
633;
    ii. Project definition--key elements are identified and reasonably 
defined;
    iii. Cost Estimate--addresses key items within the project's work 
breakdown structure at an appropriate level and is formatted using the 
FTA's Standard Cost Categories (see ``SCC Definitions'' tab of SCC 
Workbook found at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b). Includes both the basis for 
the estimate and required contingency based on the level of design and 
in accordance with FTA and industry best practices;
    iv. Schedule--addresses key activities, milestones and elements 
within the project's work breakdown structure and incorporates proposed 
delivery methodology;
    v. Third Party Agreements and Right-of-Way--are identified with a 
plan and schedule for completion;
    vi. Project Delivery Method--the delivery method is identified 
(with related methodologies, activities, and milestones reflected 
throughout the other required products);
    vii. Value Engineering (VE) Report--the report is substantially 
complete and a draft report shared with FTA where applicable (for 
example, a separate VE report may not be needed for some project 
delivery methods such as design-build, since bidders may be required to 
provide the VE options as part of their proposals.);
    viii. Safety--a preliminary safety hazard analysis and a 
preliminary threat and vulnerability analysis have been completed and 
the development of safety and security design criteria has been 
initiated;
    ix. Accessibility--the applicant demonstrates steps that will be 
taken to ensure compliance with DOT regulations and standards issued 
under the Americans with Disabilities Act, including a preliminary 
analysis of accessibility features such as accessible routes to, from, 
and within the station sites or boarding locations; detectable 
warnings; signage and communications; curb ramps; and other 
accessibility features required under the ADA; and
    x. Constructability Review Report--a draft report is submitted, 
where applicable (for example, for very simple projects, a 
constructability review early might not yield great benefits). The 
report includes at a minimum the general construction approach, a 
discussion of site access, and other potential constraints.
    Further details are contained on the EPD Pilot Program website: 
https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b.
    k. The term ``level of service'' (LOS) is used to qualitatively 
describe the operating conditions of a transportation facility. 
Applicants may use the definition and methodology contained in the 
Transportation Research Board (TRB) Highway Capacity Manual (HCM), the 
American Association of State Highway and Transportation Officials 
(AASHTO) A Policy on Geometric Design of Highways and Streets, or a 
similar traffic analysis method.
    l. The term ``Full Funding Grant Agreement'' means an agreement 
between the applicant and FTA that shall:
    i. Establish the terms of participation by the Federal Government 
in the eligible project;
    ii. Establish the maximum amount of Federal financial assistance 
for the eligible project;
    iii. Include the period of time for completing construction of the 
eligible project, consistent with the terms of the public-private 
partnership agreement, even if that period extends beyond the period of 
an authorization;
    iv. Make timely and efficient management of the eligible project 
easier according to the law of the United States;
    v. Obligate an amount of available budget authority specified in 
law and may include a commitment, contingent on amounts to be specified 
in law in advance for commitments, to obligate an additional amount 
from future available budget authority specified in law; and
    vi. State that the contingent commitment is not an obligation of 
the Federal Government.

D. Application and Submission Information

1. Address To Request Application Package
    Applications must be submitted electronically through the EPD Pilot 
Program website at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b. The website includes the 
required forms and specific instructions for the forms and attachments 
required for submission. Applicants may also attach additional 
supporting information. Mail and fax submissions will not be accepted. 
Failure to submit the information as required can delay or prevent 
review of the application.
2. Content and Form of Application Submission
    A strong transportation network is critical to functioning and 
growth of the American economy. The nation's industry depends on the 
transportation network to move the goods that it produces and 
facilitate the movements of the workers who are responsible for that 
production. When the nation's highways, railways and ports function 
well, that infrastructure connects people to jobs, increases the 
efficiency of delivering goods and thereby cuts the costs of doing 
business, reduces the burden of commuting, and improves overall well-
being.
    Rural transportation networks play a vital role in supporting our 
national economic vitality. Addressing the deteriorating conditions and 
disproportionately high fatality rates on our rural transportation 
infrastructure is of critical interest to the Department, as rural 
transportation networks face unique challenges in safety, 
infrastructure condition, and passenger and freight usage. Consistent 
with the R.O.U.T.E.S. Initiative, the Department encourages applicants 
to consider how the project will address the challenges faced by rural 
areas.
    A complete proposal submission consists of all required forms and 
attachments found at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b. A complete application must 
include responses to all sections of the forms, unless indicated as 
optional. The information on the forms and attachments will be used to 
determine the applicant and project eligibility for the program, and to 
evaluate the proposal against the criteria described in this notice.
    Applicants may attach additional supporting information to the 
submission, including but not limited to, letters of support or 
excerpts from relevant planning documents. Supporting documentation 
must be described and referenced by file name in the appropriate 
response section of the mandatory forms, or it may not be reviewed.
    The mandatory forms found at https://www.transit.dot.gov/funding/
grants/pilot-program-expedited-project-

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delivery-3005b will prompt applicants for the required information, 
including:
    a. Applicant name;
    b. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) 
number;
    c. Key contact information (including contact name, address, email 
address, and phone);
    d. Congressional district(s) where project will take place;
    e. Project information (including title, an executive summary, and 
project type);
    f. A detailed description of the project scope;
    g. A detailed description of how the project meets the EPD Pilot 
Program definition of new fixed guideway capital project, small start 
project, or core capacity improvement project;
    h. A brief description of the need for the project and how the 
project will support the EPD Pilot Program's objectives;
    i. A map of the project;
    j. Evidence that the project is included in the approved 
Metropolitan Transportation Plan, Transportation Improvement Program 
and Statewide Transportation Improvement Program;
    k. Evidence that the NEPA review for the project is complete;
    l. Evidence of the Public-Private Partnership;
    m. Evidence of advisors providing guidance on the terms and 
structure of the project that are independent from investors in the 
project;
    n. Self-certification that the project is not the subject of an 
outstanding injunction or stop work order.
    o. A list of all identified critical third-party agreements and 
execution dates;
    p. A description of the technical, legal and financial capacity of 
the applicant;
    q. A detailed project budget;
    r. Identification of the local cost share and evidence that all the 
non-Federal capital funds are currently available or committed. 
Applicants should submit evidence of availability of funds for the 
project, for example, by including documentation of the source of local 
funds such as a budget document highlighting the line item or section 
committing funds to the proposed project;
    s. The most recent Audited Financial Statement documenting the 
financial health of the applicant. If the applicant will not operate 
and maintain the project, the most recent Audited Financial Statement 
documenting the financial health of the transit system that will 
operate and maintain the project must also be provided;
    t. System-wide operations and maintenance costs and funding sources 
for the transit system that will operate and maintain the project for 
the first five years of operation of the project;
    u. A detailed project schedule;
    v. Evidence that the applicant has completed at least 30 percent 
design and engineering;
    w. Identify whether the project would be in a qualified opportunity 
zone designated pursuant to 26 U.S.C. Section 1400Z-1;
    x. Evidence that the project is justified based on findings 
presented by the applicant on mobility improvements attributable to the 
project. This could be provided by evidence of the reduced transit 
travel time during the peak period from end to end of the project after 
revenue service starts compared to the transit travel time during the 
peak period at present;
    y. Evidence that the project is justified based on findings 
presented by the applicant on environmental benefits associated with 
the project. This could be provided by evidence of the reduced energy 
consumption by highway and transit vehicles after revenue service 
starts compared to the present;
    z. Evidence that the project is justified based on findings 
presented by the applicant on congestion relief associated with the 
project. This could be provided by a description of the current Level 
of Service (LOS) on the roads in the project corridor;
    aa. Evidence that the project is justified based on findings 
presented by the applicant on the economic development effects derived 
as a result of the project. This could take the form of documentation 
of the maximum residential, commercial and mixed-use development that 
could take place within one-half mile of all new station areas, based 
on currently adopted zoning ordinances;
    bb. Evidence that the project is justified based on estimated 
ridership projections developed through the use of FTA's Simplified 
Trips-on Project Software (https://www.transit.dot.gov/funding/grant-programs/capital-investments/stops);
    cc. Self-certification that the existing public transportation 
system of the applicant or, in the event the applicant does not operate 
a public transportation system, the public transportation system to 
which the proposed project will be attached, is in a state of good 
repair. This requirement may be waived by FTA if the project meets the 
definition of a core capacity improvement project, and FTA determines 
that the eligible project will allow the applicant to make substantial 
progress in achieving a state of good repair. Applicants should provide 
information to enable FTA to make this determination; and
    dd. A description of how the applicant intends to conduct a Before 
and After Study that describes and analyzes the impacts of the proposed 
project on public transportation services and public transportation 
ridership as required by the EPD Pilot Program. Applicants must also 
provide information on the predicted benefits and costs for the 
innovative project development delivery method or innovative financing.

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

    Each applicant is required to: (1) Be registered in SAM before 
submitting an application; (2) provide a valid unique entity identifier 
in its application; and (3) continue to maintain an active SAM 
registration with current information at all times during which the 
applicant has an active Federal award or an application or plan under 
consideration by FTA. These requirements do not apply if the applicant 
has an exemption approved by FTA under Federal grants and agreements 
law (2 CFR Section 25.110(d)). FTA may not make an award until the 
applicant has complied with all applicable unique entity identifier and 
SAM requirements. If an applicant has not fully complied with the 
requirements by the time FTA is ready to make an award, FTA may 
determine that the applicant is not qualified to receive an award and 
use that determination as a basis for making a Federal award to another 
applicant. All applicants must provide a unique entity identifier 
provided by SAM. SAM registration takes approximately 3-5 business 
days, but FTA recommends allowing ample time, up to several weeks, for 
completion of all steps. For additional information on obtaining a 
unique entity identifier, please visit www.sam.gov.
4. Submission Dates and Times
    Applications will be accepted on a rolling basis until up to eight 
grants are awarded and subject to funding availability. Complete 
proposals must be submitted electronically through the EPD Pilot 
Program website at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b.
5. Intergovernmental Review
    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.''

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6. Funding Restrictions
    Funds under this NOFO cannot be used to reimburse applicants for 
otherwise eligible expenses incurred prior to FTA award of a grant 
agreement until FTA has issued pre-award authority for selected 
projects.

E. Application Review Information

1. Evaluation Criteria
    FTA will evaluate project proposals for the EPD Pilot Program based 
on the criteria described in this notice. Projects will be evaluated 
primarily on the responses provided in the required forms and 
attachments found at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b. Additional information may be 
provided to support the responses; however, any additional 
documentation must be directly referenced on a required form, including 
the file name where the additional information can be found.
    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.
    a. Demonstration of Eligibility:
    Applications will be evaluated based on the quality and extent to 
which they demonstrate that the proposed project meets the eligibility 
requirements contained in Section 3005(b) of the FAST Act and this 
NOFO.
    b. Project Justification:
    Applications will be evaluated based on the quality and extent to 
which they demonstrate how the proposed project is justified for the 
following factors:
    i. Mobility improvements attributable to the project;
    ii. Environmental improvements associated with the project;
    iii. Congestion relief associated with the project;
    iv. Economic development effects derived as a result of the 
project; and
    v. Estimated ridership projections.
    c. Financial Commitment:
    Applications will be evaluated based on the quality and extent to 
which they demonstrate that the proposed project has an acceptable 
degree of local financial commitment, including evidence of stable and 
dependable financing sources, including:
    i. Each proposed source of capital and operating financing is 
stable, reliable, and available within the proposed eligible project 
timetable; and
    ii. Resources are available to recapitalize, maintain, and operate 
the overall existing and proposed public transportation system, 
including essential feeder bus and other services necessary, without 
degradation to the exiting level of public transportation services.
    d. Technical Capacity
    Applications will be evaluated based on the quality and extent to 
which they demonstrate that the applicant has the technical capacity to 
undertake the project.
    e. Technical, Legal and Financial Capacity
    Applicants must demonstrate that they have the technical, legal and 
financial capacity to undertake the project. FTA will review relevant 
oversight assessments and records to determine whether there are any 
outstanding legal, technical or financial issues with the applicant 
that would affect the outcome of the proposed project. Applicants with 
outstanding legal, technical or financial compliance issues from an FTA 
compliance review or Federal Transit grant-related Single Audit finding 
must explain how corrective actions taken will mitigate negative 
impacts on the proposed project.
2. Review and Selection Process Information
    In addition to other FTA staff that may review the proposals, a 
technical evaluation committee will evaluate proposals based on the 
published evaluation criteria. After applying the above criteria, the 
FTA Administrator will consider the following key Departmental 
objectives:
     Supporting economic vitality at the national and regional 
level;
     Utilizing alternative funding sources and innovative 
financing models to attract non-Federal sources of infrastructure 
investment;
     Accounting for the life-cycle costs of the project to 
promote the state of good repair;
     Using innovative approaches to improve safety and expedite 
project delivery; and
     Holding grant recipients accountable for their performance 
and achieving specific, measurable outcomes identified by grant 
applicants.
    Prior to making an award, FTA is required to review and consider 
any information about the applicant that is in the Federal Awardee 
Performance and Integrity Information Systems (FAPIIS) accessible 
through SAM. An applicant may review and comment on information about 
itself that a Federal awarding agency previously entered. FTA will 
consider any comments by the applicant, in addition to the other 
information in FAPIIS, in making a judgment about the applicant's 
integrity, business ethics, and record of performance under Federal 
awards when completing the review of risk posed by the applicant.
    The FTA Administrator will determine the final selection of 
projects for program funding. In determining the allocation of program 
funds, FTA may consider geographic diversity, diversity in the size of 
the transit systems receiving funding, the applicant's receipt of other 
competitive awards, projects located in or that support public 
transportation service in a qualified opportunity zone designated 
pursuant by 26 U.S.C. Section 1400Z-1, the percentage of local share 
provided, and whether the project includes an innovative technology or 
practice.

F. Federal Award Administration Information

1. Federal Award Notice
    The FTA will notify an applicant in writing not later than 120 days 
after the receipt of a complete application as to whether the grant 
request has been approved, or if the request does not meet the 
requirements of this NOFO, disapproval of the grant request, including 
a detailed explanation of the reasons for disapproval.
    Project selections will be posted on the FTA website.
    At the time a project selection is announced, FTA will extend pre-
award authority for the selected project. There is no blanket pre-award 
authority for a project before announcement.
2. Administrative and National Policy Requirements
a. Pre-Award Authority
    The FTA will issue specific guidance to recipients regarding pre-
award authority at the time of selection. The FTA does not provide pre-
award authority for competitive funds until projects are selected and 
even then, there are Federal requirements that must be met before costs 
are incurred. For more information about FTA's policy on pre-award 
authority, please see the FY 2020 Apportionment Notice published on 
June 3, 2020 which can be accessed at https://www.govinfo.gov/content/pkg/FR-2020-06-03/pdf/2020-11946.pdf.
b. Grant Requirements
    If selected, awardees will enter into a Full Funding Grant 
Agreement with the Federal Transit Administration. The selected 
awardees will apply for a grant through FTA's Transit Award

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Management System (TrAMS). All recipients must follow the Award 
Management Requirements (FTA Circular 5010.1E), and the labor 
protections required by Federal public transportation law (49 U.S.C. 
5333(b)). Technical assistance regarding these requirements is 
available from each FTA regional office.
c. Buy America and Strengthening Buy-American Preferences for 
Infrastructure Projects
    The FTA requires that all capital procurements meet FTA's Buy 
America requirements (49 U.S.C. 5323(j)), which require that all iron, 
steel, or manufactured products be produced in the United States, to 
help create and protect manufacturing jobs in the United States. The 
EPD Pilot Program will have a significant economic impact toward 
meeting the objectives of the Buy America law. For FY 2020 and beyond, 
the cost of components and subcomponents produced in the United States 
must be more than 70 percent of the cost of all components. Final 
assembly of rolling stock must occur in the United States. Any proposal 
that will require a waiver must identify in the application the items 
for which a waiver will be sought. Applicants should not proceed with 
the expectation that waivers will be granted, nor should applicants 
assume that selection of a project under the EPD Pilot Program that 
includes a partnership with a manufacturer, vendor, consultant, or 
other third party constitutes a waiver of the Buy America requirements 
applicable at the time the project is undertaken.
    Consistent with Executive Order 13858 Strengthening Buy-American 
Preferences for Infrastructure Projects, signed by President Trump on 
January 31, 2019, applicants should maximize the use of goods, 
products, and materials produced in the United States, in Federal 
procurements and through the terms and conditions of Federal financial 
assistance awards.
d. Disadvantaged Business Enterprise
    FTA requires that its recipients receiving planning, capital and/or 
operating assistance that will award prime contracts exceeding $250,000 
in FTA funds comply with the Disadvantaged Business Enterprise (DBE) 
program regulations (49 CFR part 26). The rule requires that, prior to 
bidding on any FTA-assisted vehicle procurement, entities that 
manufacture vehicles or perform post-production alterations or 
retrofitting must submit a DBE Program plan and annual goal methodology 
to FTA. Further, to the extent that a vehicle remanufacturer is 
responding to a solicitation for new or remanufactured vehicles with a 
vehicle to which the remanufacturer has provided post-production 
alterations or retro-fitting (e.g., replacing major components such as 
the engine to provide a ``like new'' vehicle), the vehicle 
remanufacturer is considered a transit vehicle manufacturer and must 
also comply with the DBE regulations.
    FTA will then issue a transit vehicle manufacturer (TVM) 
concurrence/certification letter. Grant recipients must verify each 
entity's compliance with these requirements before accepting its bid. A 
list of compliant, certified TVMs is posted on FTA's website at 
www.transit.dot.gov/TVM. Please note that this list is nonexclusive and 
recipients must contact FTA before accepting bids from entities not 
listed on this Web posting. Recipients may also establish project-
specific DBE goals for vehicle procurements. FTA will provide 
additional guidance as grants are awarded. For more information on DBE 
requirements, please contact Scheryl Portee, the Office of the Chief 
Counsel, at 202-366-0840, email: [email protected].
e. Planning
    FTA encourages applicants to notify the appropriate State 
Departments of Transportation and MPOs in areas likely to be served by 
the project funds made available under this program. Selected projects 
must be incorporated into the long-range plans and transportation 
improvement programs of States and metropolitan areas before they are 
eligible to apply for EPD Pilot Program funding.
f. Major Capital Projects
    FTA requires that projects that meet the definition of a major 
capital project as defined in 49 CFR part 633 comply with the 
requirements of Project Management Oversight as defined in 59 CFR part 
633.
g. Standard Assurances
    By submitting a grant application, the applicant assures that it 
will comply with all applicable Federal statutes, regulations, 
executive orders, directives, FTA circulars and other Federal 
administrative requirements in carrying out any project supported by 
the FTA grant. Further, the applicant acknowledges that it is under a 
continuing obligation to comply with the terms and conditions of the 
grant agreement issued for its project with FTA. The applicant 
understands that Federal laws, regulations, policies and administrative 
practices might be modified from time to time and may affect the 
implementation of the project. The applicant agrees that the most 
recent Federal requirements will apply to the project, unless FTA 
issues a written determination otherwise. The applicant must submit the 
Certifications and Assurances before receiving a grant, if it does not 
have current certifications on file.
3. Reporting
    Post-award reporting requirements include the electronic submission 
of Federal Financial Reports and Milestone Progress Reports in FTA's 
electronic grants management system. Recipients of funds made available 
through this NOFO are also required to regularly submit data to the 
National Transit Database.

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
EPD Pilot Program manager, Susan Eddy, via email at [email protected] 
or by phone at 202-366-5499. A TDD is available for individuals who are 
deaf or hard of hearing at 800-877-8339. In addition, FTA will post 
answers to questions and requests for clarifications on FTA's website 
at https://www.transit.dot.gov/funding/grants/pilot-program-expedited-project-delivery-3005b. Contact information for FTA's regional offices 
can be found on FTA's website at https://www.transit.dot.gov/about/regional-offices/regional-offices.
    To ensure the receipt of accurate information about eligibility or 
the program, applicants with questions are encouraged to contact FTA 
directly, rather than through intermediaries or third parties.

K. Jane Williams,
Acting Administrator.
[FR Doc. 2020-16342 Filed 7-27-20; 8:45 am]
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