[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Notices]
[Pages 52291-52296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20203]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Fiscal Year 2021 Competitive Funding Opportunity; Grants for 
Buses and Bus Facilities Program

AGENCY: Federal Transit Administration (FTA), Department of 
Transportation (DOT).

ACTION: Notice of Funding Opportunity (NOFO).

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SUMMARY: The Federal Transit Administration (FTA) announces the 
opportunity to apply for approximately $409.59 million in fiscal year 
(FY) 2021 funds under the Grants for Buses and Bus Facilities Program 
(Federal Assistance Listing #20.526). As required by Federal public 
transportation law and subject to funding availability, funds will be 
awarded competitively to assist in the financing of capital projects to 
replace, rehabilitate, purchase or lease buses and related equipment, 
and to rehabilitate, purchase, construct or lease bus-related 
facilities. Projects may include costs incidental to the acquisition of 
buses or to the construction of facilities, such as the costs of 
related workforce development and training activities, and project 
administration expenses. FTA may award additional funds if they are 
made available to the program prior to the announcement of project 
selections.

DATES: Complete proposals must be submitted electronically through the 
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern Time on November 
19, 2021. Prospective applicants should initiate the process by 
promptly registering on the GRANTS.GOV website to ensure completion of 
the application process before the submission deadline. Instructions 
for applying can be found on FTA's website at http://transit.dot.gov/howtoapply and in the ``FIND'' module of GRANTS.GOV. The GRANTS.GOV 
funding opportunity ID is FTA 2021-008-TPM-Bus. Mail and fax 
submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT: Thomas Wilson, FTA Office of Program 
Management, 202-366-5279, or <a href="/cdn-cgi/l/email-protection#1165797e7c70623f66787d627e7f51757e653f767e67"><span class="__cf_email__" data-cfemail="7d091512101c0e530a14110e12133d191209531a120b">[email protected]</span></a>.

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
H. Other Information

A. Program Description

    Federal public transportation law (49 U.S.C. 5339(b)) authorizes 
FTA to award grants for the Grants for Buses and Bus Facilities Program 
through a competitive process, as described in this notice. Grants 
under this program are for capital projects to replace, rehabilitate, 
purchase, or lease buses and related equipment, or to rehabilitate, 
purchase, construct, or lease bus-related facilities.
    FTA will evaluate projects based on how they will address 
significant repair and maintenance needs and improve the safety of 
transit systems through timely and efficient investment in public 
transportation. FTA may prioritize projects that support FTA's 
strategic goals and objectives.
    This program supports President Biden's Build Back Better 
initiative to mobilize American ingenuity to build a modern 
infrastructure and an equitable, clean energy future. In addition, this 
NOFO will advance the goals of the President's January 27, 2021, 
Executive Order 14008, Tackling the Climate Crisis at Home and Abroad, 
and has the potential to enhance environmental stewardship and 
community partnerships, consistent with the goals of Executive Order 
13985, Advancing Racial Equity and Support for Underserved Communities 
Through the Federal Government.

B. Federal Award Information

    Federal public transportation law (49 U.S.C. 5338(a)(2)(M)) 
authorizes $289,044,179 in FY 2021 funds for the Grants for Buses and 
Bus Facilities Program. The Consolidated Appropriations Act, 2021, 
appropriated an additional $125,000,000 for the Grants for Buses and 
Bus Facilities Program. After the mandatory oversight takedown of 
$4,455,331, FTA is announcing the availability of $409,588,848 for the 
Grants for Buses and Bus Facilities Program through this notice. In FY 
2020, the program received applications for 282 projects requesting a 
total of $1.8 billion. Ninety-six projects were funded at a total of 
$464 million.
    As required by Federal public transportation law at 49 U.S.C. 
5339(b)(5), a minimum of 10 percent of the amount awarded under the 
Grants for Buses and Bus Facilities Program will be awarded to projects 
located in rural areas. As required by 49 U.S.C. 5339(b)(8), no single 
grant recipient will be awarded more than 10 percent of the amount made 
available. FTA may further cap the amount a single recipient or State 
may receive as part of the selection process. There is no minimum grant 
award amount. FTA intends to fund as many meritorious projects as 
possible.

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants include designated recipients that allocate 
funds to fixed route bus operators, States or local governmental 
entities that operate fixed route bus service, and Indian tribes. 
Eligible subrecipients include all otherwise eligible applicants and 
also private nonprofit organizations engaged in public transportation.
    States may submit a statewide application on behalf of public 
agencies or private nonprofit organizations engaged in public 
transportation in rural areas or for other areas to which a State 
allocates funds. Except for projects proposed by Indian tribes, all 
proposals for projects in rural (non-urbanized) areas must be submitted 
by a State, either individually or as a part of a statewide 
application. States and other eligible applicants also may submit 
consolidated proposals for projects in urbanized areas. The submission 
of a statewide or consolidated urbanized area application shall not 
preclude the submission and consideration of any application from other 
eligible recipients in an urbanized area in a State. Proposals may 
contain projects to be implemented by the recipient or its 
subrecipients.
    To be considered eligible, applicants must be able to demonstrate 
the requisite legal, financial, and technical capabilities to receive 
and administer Federal funds under this program.

2. Cost Sharing or Matching

    The maximum Federal share for projects selected under the Grants 
for Buses and Bus Facilities Program is 80 percent of the net project 
cost (i.e., the non-Federal amount must be at least 20 percent of the 
net project cost, not 20 percent of the requested grant amount), unless 
any of the following exceptions applies:
    The maximum Federal share is 85 percent of the net project cost of

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acquiring vehicles (including clean-fuel or alternative fuel vehicles) 
for purposes of complying with or maintaining compliance with the Clean 
Air Act (CAA) or the Americans with Disabilities Act (ADA) of 1990.
    The maximum Federal share is 90 percent of the net project cost of 
acquiring, installing or constructing vehicle-related equipment or 
facilities (including clean fuel or alternative-fuel vehicle-related 
equipment or facilities) for purposes of complying with or maintaining 
compliance with the CAA or ADA. The award recipient must itemize the 
cost of specific, discrete, vehicle-related equipment associated with 
compliance with the CAA or ADA to be eligible for the maximum 90 
percent Federal share for these costs.
    Eligible sources of non-Federal match include the following: Cash 
from non-Government sources other than revenues from providing public 
transportation services; revenues derived from the sale of advertising 
and concessions; amounts received under a service agreement with a 
State or local social service agency or private social service 
organization; revenues generated from value capture mechanisms; or 
funds from an undistributed cash surplus, replacement or depreciation 
cash fund or reserve, or new capital. In addition, transportation 
development credits or documentation of in-kind match may substitute 
for cash match if identified in the application.
    If an applicant proposes a Federal share greater than 80 percent, 
the application must clearly explain why the project is eligible for 
the proposed Federal share.

3. Eligible Projects

    Eligible projects are capital projects to replace, rehabilitate, 
purchase, or lease buses, vans, or related equipment; or to 
rehabilitate, purchase, construct, or lease bus-related facilities. A 
single application may include both vehicle and facility components, 
along with associated equipment and workforce development activities.
    Recipients are permitted to use up to 0.5 percent of their 
requested grant award for workforce development activities eligible 
under Federal public transportation law (49 U.S.C. 5314(b)) and an 
additional 0.5 percent for costs associated with training at the 
National Transit Institute to pay not more than 80 percent of the cost 
of such activities (49 U.S.C. 5314(b)(4) and 49 U.S.C. 5314(c)(4)(A)). 
Applicants must identify the proposed use of funds for these activities 
in the project proposal and identify them separately in the project 
budget.

D. Application and Submission Information

1. Address To Request Application Package

    A complete proposal submission consists of two forms: The SF-424 
Application for Federal Assistance (downloaded from GRANTS.GOV) and the 
supplemental form for the FY 2021 Grants for Buses and Bus Facilities 
Program (downloaded from GRANTS.GOV or the FTA website at 
www.transit.dot.gov/busprogram).

2. Content and Form of Application Submission

    Application submissions must include both the SF-424 Application 
for Federal Assistance and the FY 2021 Grants for Buses and Bus 
Facilities Program supplemental form. The supplemental form and any 
supporting documents must be attached to the ``Attachments'' section of 
the SF-424.
    FTA will accept only one supplemental form per SF-424 submission. 
FTA encourages States and other applicants to consider submitting a 
single supplemental form that includes multiple activities to be 
evaluated as a consolidated proposal. If a State or other applicant 
chooses to submit separate proposals for individual consideration by 
FTA, each proposal must be submitted using a separate SF-424 and 
supplemental form.
    Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to letters of support, 
project budgets, fleet status reports, or excerpts from relevant 
planning documents. Supporting documentation must be described and 
referenced by file name in the appropriate response section of the 
supplemental form, or it may not be reviewed.
    A complete application must include responses to all sections of 
the SF-424 Application for Federal Assistance and the supplemental 
form, unless designated as optional. The information on the 
supplemental form will be used to determine applicant and project 
eligibility for the program, and to evaluate the proposal against the 
selection criteria described in part E of this notice. Information such 
as applicant name, Federal amount requested, local match amount, and 
description of areas served may be requested in varying degrees of 
detail on both the SF-424 and the supplemental form. Applicants must 
fill in all fields unless stated otherwise on the forms. Applicants 
should not place ``N/A'' or ``refer to attachment'' in lieu of typing 
in responses in the field sections. If information is copied into the 
supplemental form from another source, applicants should verify that 
pasted text is fully captured on the supplemental form and has not been 
truncated by the character limits built into the form. Applicants 
should use both the ``Check Package for Errors'' and the ``Validate 
Form'' validation buttons on both forms to check all required fields on 
the forms, and ensure that the Federal and non-Federal amounts 
specified are consistent.
    The SF-424 Mandatory Form and the Supplemental Form will prompt 
applicants for information including:

<bullet> Applicant name
<bullet> Unique Entity Identifier/Dun and Bradstreet (D&B) Data 
Universal Numbering System (DUNS) number
<bullet> Key contact information (including contact name, address, 
email address, and phone)
<bullet> A description, both quantative and qualitative, of the area 
and population served by the applicant, including ridership demographic 
information and the type of service provided
<bullet> Congressional district(s) where project will take place
<bullet> Project information (including title, an executive summary, 
and type)
<bullet> A detailed description of the need for the project
<bullet> A detailed description on how the project will support the 
Buses and Bus Facilities Program's objectives
<bullet> Evidence that the project is consistent with local and 
regional planning objectives
<bullet> Evidence that the applicant can provide the local cost share
<bullet> A description of the technical, legal and financial capacity 
of the applicant
<bullet> A detailed project budget
<bullet> An explanation of the scalability of the project
<bullet> Details on the local matching funds
<bullet> A detailed project timeline

    Failure to submit the information as requested can delay review or 
disqualify the application.

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. FTA may not make an award until the applicant has 
complied with all applicable unique entity identifier and SAM 
requirements. If an applicant

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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. These requirements do not apply if 
the applicant: (1) Is an individual, per 2 CFR 25.110(b); or (2) has an 
exception approved by FTA or the U.S. Office of Management and Budget 
under 2 CFR 25.110(c) or (d). 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

    Project proposals must be submitted electronically through 
GRANTS.GOV by 11:59 p.m. Eastern on November 19, 2021. Mail and fax 
submissions will not be accepted.
    FTA urges applicants to submit applications at least 72 hours prior 
to the due date to allow time to correct any problems that may have 
caused either GRANTS.GOV or FTA systems to reject the submission. 
Proposals submitted after the deadline will be considered only under 
extraordinary circumstances not under the applicant's control. 
Deadlines will not be extended due to scheduled website maintenance. 
GRANTS.GOV scheduled maintenance and outage times are announced on the 
GRANTS.GOV website.
    Within 48 hours after submitting an electronic application, the 
applicant should receive an email message from GRANTS.GOV with 
confirmation of successful transmission to GRANTS.GOV. If a notice of 
failed validation or incomplete materials is received, the applicant 
must address the reason for the failed validation, as described in the 
email notice, and resubmit before the submission deadline. If making a 
resubmission for any reason, applicants must include all original 
attachments regardless of which attachments were updated and check the 
box on the supplemental form indicating this is a resubmission.
    Applicants are encouraged to begin the process of registration on 
the GRANTS.GOV site well in advance of the submission deadline. 
Registration is a multi-step process, which may take several weeks to 
complete before an application can be submitted. Registered applicants 
may still be required to take steps to keep their registration up to 
date before submissions can be made successfully: (1) Registration in 
the System for Award Management (SAM) is renewed annually; and, (2) 
persons making submissions on behalf of the Authorized Organization 
Representative (AOR) must be authorized in GRANTS.GOV by the AOR to 
make submissions.

5. Funding Restrictions

    Refer to Section C.3., Eligible Projects, for information on 
activities that are allowable in this grant program. Allowable direct 
and indirect expenses must be consistent with the Governmentwide 
Uniform Administrative Requirements and Cost Principles (2 CFR part 
200) and FTA Circular 5010.1E.
    Funds awarded under this notice cannot be used to reimburse 
applicants for expenses incurred prior to the pre-award authority 
effective date. FTA will issue pre-award authority to incur costs for 
selected projects beginning on the date that project selections are 
announced. 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. FTA will issue 
specific guidance to awardees regarding pre-award authority at the time 
of selection. For more information about FTA's policy on pre-award 
authority, please see the most recent Apportionment Notice on FTA's 
website.
    Funds awarded under this notice will remain available for 
obligation for three Federal fiscal years, not including the year in 
which the funds are allocated to projects.

6. Other Submission Requirements

    All applications must be submitted via the Grants.Gov website. FTA 
does not accept applications on paper, by fax machine, by email, or 
other means. For information on application submission requirements, 
please see Section D.1., Address to Request Application Package.

E. Application Review Information

1. Criteria

    FTA will evaluate project proposals for the Grants for Buses and 
Bus Facilities Program based on the criteria described in this notice. 
Projects will be evaluated primarily on the responses provided in the 
supplemental form. Additional information may be provided to support 
the responses; however, any additional documentation must be directly 
referenced on the supplemental form, including the file name where the 
additional information can be found.
    Applicants are encouraged to identify scaled funding options in 
case insufficient funding is available to fund a project at the full 
requested amount. If an applicant indicates that a project is scalable, 
the applicant must provide an appropriate minimum funding amount that 
will fund an eligible project that achieves the objectives of the 
program and meets all relevant program requirements. The applicant must 
provide a clear explanation of how the project budget would be affected 
by a reduced award. FTA may award a lesser amount whether or not a 
scalable option is provided.
    If an applicant is proposing to acquire autonomous vehicles or 
other innovative motor vehicle technology, the application should 
demonstrate that all vehicles will comply with applicable safety 
requirements, including those administered by the National Highway 
Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety 
Administration (FMCSA). Specifically, the application should show that 
vehicles acquired will comply with applicable Federal Motor Vehicle 
Safety Standards (FMVSS) and Federal Motor Carrier Safety Regulations 
(FMCSR). If the vehicles may not comply, the application should either 
(1) show that the vehicles and their proposed operations are within the 
scope of an exemption or waiver that has already been granted by NHTSA, 
FMCSA, or both agencies or (2) directly address whether the acquisition 
will require exemptions or waivers from the FMVSS, FMCSR, or any other 
regulation and, if the acquisition will require exemptions or waivers, 
present a plan for obtaining them.
a. Demonstration of Need
    Applications will be evaluated based on the quality and extent to 
which they demonstrate how the proposed project will address an unmet 
need for capital investment in bus vehicles or supporting facilities. 
For example, an applicant may demonstrate an excessive reliance on 
vehicles that are beyond their intended service life, insufficient 
maintenance facilities due to size or condition, a vehicle fleet that 
is insufficient to meet current ridership demands, or passenger 
facilities that are insufficient for their current use. Applicants 
should address whether the project represents a one-time or periodic 
need that cannot reasonably be funded from FTA formula program 
allocations and State or local resources. As a part of the response for 
demonstration of need, applicants should provide the following 
information.
    For bus projects (replacement, rehabilitation or expansion): 
Applicants must provide information on the age

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and mileage, condition, and performance of the assets to be replaced or 
rehabilitated by the proposed project. For service expansion requests, 
applicants must provide information on the proposed service expansion 
and for the reason that transit riders and the community need the new 
service. For all vehicle projects, the proposal must address how the 
project conforms to FTA's spare ratio guidelines.
    For bus facility and equipment projects (replacement, 
rehabilitation, or expansion): Applicants must provide information on 
the age and condition of the asset to be rehabilitated or replaced 
relative to its useful life. For expansion requests, applicants must 
provide information on the proposed expansion and the reason that 
transit riders and the community need the expansion.
b. Demonstration of Benefits
    Applications will be evaluated based on how well they describe how 
the proposed project will improve the condition of, or otherwise 
modernize, the transit system; improve the reliability of transit 
service for its riders; or enhance access and mobility within the 
service area.
    System Condition: FTA will evaluate the potential for the project 
to improve the condition of the transit system by repairing or 
replacing assets that are in poor condition or have surpassed their 
minimum or intended useful life benchmarks, lowering the average age of 
vehicles in the fleet, or reducing the cost of maintaining outdated 
vehicles, facilities and equipment.
    Service Reliability: FTA will evaluate the potential for the 
project to reduce the frequency of breakdowns or other service 
interruptions caused by the age and condition of the agency's bus 
fleet. Applicants should document their current service reliability 
metrics and benchmark goals, including their strategy for improving 
reliability with or without the award of Bus and Bus Facilities Program 
funds.
    Enhanced Access and Mobility: FTA will evaluate the potential for 
the project to improve access and mobility for the transit riding 
public, such as through increased reliability, improved headways, 
creation of new transportation choices, or eliminating gaps in the 
current route network. Proposed benefits should be based on documented 
ridership demand and be well-described or documented through a study or 
route planning proposal.
c. Planning and Local and Regional Prioritization
    Applicants must demonstrate how the proposed project will be 
consistent with local and regional long-range planning documents and 
local government priorities. This will involve assessing whether the 
project is consistent with the transit priorities identified in the 
long range plan, contingency or illustrative projects included in that 
plan, or the locally developed human services public transportation 
coordinated plan. Applicants are not required to submit copies of such 
plans, but should describe how the project will support regional goals.
    Applicants may also address how the proposed project will impact 
overall system performance, asset management performance or specific 
performance measures tracked and monitored by the applying entity to 
demonstrate how the proposed project will address local and regional 
planning priorities.
    Evidence of additional local or regional prioritization (e.g., 
Statewide Transportation Improvement Plan and Long Range Transportation 
Plan) should include letters of support for the project from local 
government officials, public agencies (e.g., Metropolitan Planning 
Organizations), or non-profit or other private sector partners.
d. Financial Commitment
    Applicants must identify the source of the non-Federal cost share 
and describe whether such funds are currently available for the project 
or will need to be secured if the project is selected for funding. FTA 
will consider the availability of the non-Federal cost share as 
evidence of financial commitment to the project. Additional 
consideration will be given to those projects for which non-Federal 
funds have already been made available or reserved. Applicants should 
submit evidence of the availability of funds for the project, for 
example by including a board resolution, letter of support from the 
State, a budget document highlighting the line item or section 
committing funds to the proposed project, or other documentation of the 
source of non-Federal funds.
e. Project Implementation Strategy
    Projects will be evaluated based on the extent to which the project 
is ready to implement within a reasonable period of time and whether 
the applicant's proposed implementation plans are reasonable and 
complete.
    In assessing whether the project is ready to implement within a 
reasonable period of time, FTA will consider whether the project 
qualifies for a categorical exclusion, or whether the required 
environmental work has been initiated or completed for projects that 
require an environmental assessment or environmental impact statement 
under the National Environmental Policy Act of 1969 (NEPA). As such, 
applicants should submit information describing the project's 
anticipated path and timeline through the environmental review process.
    The proposal must also state whether grant funds can be obligated 
within 12 months from time of award, and indicate the timeframe under 
which the Metropolitan Transportation Improvement Program or Statewide 
Transportation Improvement Program can be amended to include the 
proposed project. Additional consideration will be given to projects 
for which grant funds can be obligated within 12 months of the time of 
award.
    In assessing whether the proposed implementation plans are 
reasonable and complete, FTA will review the proposed project 
implementation plan, including all necessary project milestones and the 
overall project timeline. For projects that will require formal 
coordination, approvals, or permits from other agencies or project 
partners, the applicant must demonstrate coordination with these 
organizations and their support for the project, such as through 
letters of support.
f. 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

    In addition to other FTA staff that may review the proposals, a 
technical evaluation committee will perform an administrative and merit 
evaluation of proposals based on the published evaluation criteria. 
Members of the technical evaluation committee and other FTA staff may 
request additional information from applicants, if necessary.
    After applying the above criteria, and in support of Executive 
Order 14008, FTA will give priority consideration to projects that 
support the government-

[[Page 52295]]

wide Justice40 Initiative with the goal of delivering 40 percent of the 
overall benefits of relevant Federal investments to disadvantaged 
communities. For the purposes of the Justice40 Initiative, a community 
is either a group of individuals living in geographic proximity to one 
another, or a geographically dispersed set of individuals (such as 
migrant workers or Native Americans), where either type of group 
experiences common conditions. Furthermore, to determine whether a 
specific community is disadvantaged, factors include, but are not 
limited to, the following variables: Low income, high and/or persistent 
poverty; high unemployment and underemployment; racial and ethnic 
segregation; linguistic isolation; high housing cost burden and 
substandard housing; distressed neighborhoods; high transportation cost 
burden and/or low transportation access; transit dependency associated 
with income, disability, or lack of access to a private automobile; 
disproportionate environmental burden and high cumulative impacts; 
limited water and sanitation access and affordability; disproportionate 
climate impacts; and high energy cost burden and low energy access. If 
a project supports the Justice40 Initiative, the applicant should state 
the community definition used, including ridership demographic 
information relevant to the Justice40 definition of disadvantaged 
community, the variable(s) considered, and what immediate and long-term 
benefits will be provided by the project request. In support of the 
Justice40 Initiative, the applicant also should provide evidence of 
strategies that the applicant has used in the planning process to seek 
out and consider the needs of those traditionally disadvantaged and 
underserved by existing transportation systems, such as low-income and 
minority households. Examples should include, the number of meetings 
held, including a description of the audience of each meeting and 
documentation for how the input was considered for the proposed 
project. Applicants are encouraged to contact FTA if they have any 
questions or feedback on the implementation of the Justice40 
Initiative.
    In further support of Executive Order 14008, FTA will give priority 
consideration to applications that are expected to create significant 
community benefits relating to the environment, including those 
projects that incorporate low or no emission technology or specific 
elements to address greenhouse gas emissions and climate change 
impacts. FTA encourages applicants to demonstrate whether they have 
considered climate change and environmental justice in terms of the 
transportation planning process or anticipated design components with 
outcomes that address climate change (e.g., resilience or adaptation 
measures). The application should describe what specific climate change 
or environmental justice activities have been incorporated, including 
whether a project supports a Climate Action Plan, whether an equitable 
development plan has been prepared, and whether tools such as EPA's 
EJSCREEN have been applied in project planning. The application should 
also describe specific and direct ways the project will mitigate or 
reduce climate change impacts including any components that reduce 
emissions, promote energy efficiency, incorporate electrification or 
low emission or zero emission vehicle infrastructure, increase 
resiliency, or recycle or redevelop existing infrastructure.
    FTA also will give priority consideration to applications that 
encourage racial equity in two areas: (1) Planning and policies related 
to racial equity and overcoming barriers to opportunity; and (2) 
project investments that either proactively address racial equity and 
barriers to opportunity, including automobile dependence as a form of 
barrier, or redress prior inequities and barriers to opportunity. This 
objective has the potential to enhance environmental stewardship and 
community partnerships, and reflects Executive Order 13985, Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government.
    FTA encourages the applicant to include sufficient information to 
evaluate how the applicant will advance racial equity and address 
barriers to opportunity. The applicant should describe any 
transportation plans or policies related to racial equity and barriers 
to opportunity they are implementing or have implemented in relation to 
the proposed project, along with the specific project investment 
details necessary for FTA to evaluate if the investments are being made 
either proactively to advance racial equity and address barriers to 
opportunity or redress prior inequities and barriers to opportunity. 
All project investment costs for the project that are related to racial 
equity and barriers to opportunity should be summarized.
    In determining the allocation of program funds, FTA may consider 
geographic diversity, diversity in the size of the transit systems 
receiving funding, and the applicant's receipt of other competitive 
awards.
    Due to funding limitations, projects that are selected for funding 
may receive less than the amount originally requested, even if an 
application did not present a scaled project option. In those cases, 
applicants must be able to demonstrate that the proposed projects are 
still viable and can be completed with the amount awarded.

3. Integrity and Performance Review

    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 applicants as 
described in 2 CFR 200.206.

F. Federal Award Administration Information

1. Federal Award Notice

    Final project selections will be posted on the FTA website. FTA 
will also publish a list of the selected projects, a summary of final 
ratings for selected projects, Federal award amounts, and recipients in 
the Federal Register. Selected recipients should contact their FTA 
regional offices for additional information regarding allocations for 
projects under the Grants for Buses and Bus Facilities Program.

2. Administrative and National Policy Requirements

a. Grant Requirements
    If selected, awardees will apply for a grant through FTA's Transit 
Award Management System (TrAMS). Recipients of Grants for Buses and Bus 
Facilities Program funding in urban areas are subject to the grant 
requirements of the Urbanized Area Formula Grant program (49 U.S.C. 
5307), including those of FTA Circular ``Urbanized Area Formula 
Program: Program Guidance and Application Instructions'' 
(FTA.C.9030.1E). Recipients of funding in rural areas are subject to 
the grant requirements of the Formula Grants for Rural Areas Program 
(49 U.S.C. 5311), including those of FTA Circular ``Formula Grants for 
Rural Areas: Program Guidance and

[[Page 52296]]

Application Instructions'' (FTA.C.9040.1G). All recipients must accept 
the FTA Master Agreement and follow FTA Circular ``Award Management 
Requirements'' (FTA.C.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.
    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.
b. Buy America and Domestic Preferences for Infrastructure Projects
    All capital procurements must comply with FTA's Buy America 
requirements (49 U.S.C. 5323(j)), which require that all iron, steel, 
and manufactured products be produced in the United States, and imposes 
minimum domestic content and final assembly requirements for rolling 
stock. The cost of components and subcomponents produced in the United 
States must be more than 70 percent of the cost of all components, and 
final assembly of rolling stock must occur in the United States. Any 
proposal that will require a waiver must identify the items for which a 
waiver will be sought in the application. Applicants should not proceed 
with the expectation that waivers will be granted.
c. Disadvantaged Business Enterprise
    Recipients of planning, capital, or operating assistance that will 
award prime contracts (excluding transit vehicle purchases), the 
cumulative total of which exceeds $250,000 in FTA funds in a Federal 
fiscal year, must comply with the Disadvantaged Business Enterprise 
(DBE) program regulations (49 CFR part 26).
    To be eligible to bid on any FTA-assisted vehicle procurement, 
entities that manufacture transit vehicles or perform post-production 
alterations or retrofitting must be certified Transit Vehicle 
Manufacturers (TVM). If 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 engine to provide a 
``like new'' vehicle), the vehicle remanufacturer must be a certified 
TVM.
    The TVM rule requires that, prior to bidding on any FTA-assisted 
vehicle procurement, manufacturers of transit vehicles submit a DBE 
Program plan and annual goal methodology to FTA. FTA then will issue a 
TVM concurrence and certification letter. Grant recipients must verify 
each manufacturer'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. Recipients should contact FTA before 
accepting a bid from a manufacturer not listed on this Web posting. In 
lieu of using a certified TVM, a recipient may establish project-
specific DBE goals for its vehicle procurement. FTA will provide 
additional guidance as grants are awarded. For more information on DBE 
requirements, please contact Monica McCallum, Office of Civil Rights, 
206-220-7519, email: <a href="/cdn-cgi/l/email-protection#69240607000a0847240a2a0805051c04290d061d470e061f"><span class="__cf_email__" data-cfemail="420f2d2c2b21236c0f2101232e2e372f02262d366c252d34">[email protected]</span></a>.
d. Planning
    FTA encourages applicants to notify the appropriate State 
Departments of Transportation and Metropolitan Planning Organizations 
(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 for FTA funding.

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. Applicant should include any goals, targets, 
and indicators referenced in their application to the project in the 
Executive Summary of the TrAMS application.
    As part of completing the annual certifications and assurances 
required of FTA grant recipients, a successful applicant must report on 
the suspension or debarment status of itself and its principals.
    If the award recipient's 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 
an award made pursuant to this Notice, the recipient must maintain the 
currency of information reported to the System for Award Management 
(SAM) that is made available in the designated integrity and 
performance system (currently the Federal Awardee Performance and 
Integrity Information System (FAPIIS)) about civil, criminal, or 
administrative proceedings in connection with the award or performance 
of a grant, cooperative agreement, or procurement contract from the 
Federal Government. See Appendix XII to 2 CFR part 200 for more 
information.

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
Grants for Buses and Bus Facilities Program manager, Thomas Wilson, via 
email at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="4c182423212d3f623b25203f23220c282338622b233a">[email protected]</a> or by phone at 202-366-5279. 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 http://transit.dot.gov/busprogram. 
In support of the President's Justice40 Initiative, FTA staff will also 
conduct a webinar for potential applicants to learn more about the 
program, provide stakeholder engagement, and review the application 
submittal process. All interested stakeholders with questions regarding 
the implementation of the Justice40 Initiative in the Grants for Buses 
and Bus Facilities Competitive Program are encouraged to contact Thomas 
Wilson.
    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.

H. Other Information

    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.''

Nuria I. Fernandez,
Administrator.
[FR Doc. 2021-20203 Filed 9-17-21; 8:45 am]
BILLING CODE P


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