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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices making a judgment about the applicants integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants.
F. Federal Award Administration Information 1. Federal Award Notices Following the evaluation outlined in Section E, the Secretary will announce awarded projects by posting a list of selected projects at https
www.transportation.gov/buildamerica/
INFRAgrants. Following the announcement, the Department will contact the point of contact listed in the SF 424 to initiate negotiation of a project-specific agreement.
2. Administrative and National Policy Requirements a. Safety Requirements The Department will require INFRA
projects to meet two general requirements related to safety. First, INFRA projects must be part of a thoughtful, data-driven approach to safety. Each State maintains a strategic highway safety plan.11 INFRA projects will be required to incorporate appropriate elements that respond to priority areas identified in that plan and are likely to yield safety benefits.
Second, INFRA projects will incorporate appropriate safety-related activities that the Federal Highway Administration FHWA has identified as proven safety countermeasures due to their history of demonstrated effectiveness.12
After selecting INFRA recipients, the Department will work with those recipients on a project-by-project basis to determine the specific safety requirements that are appropriate for each award.
b. Other Administrative and Policy Requirements All INFRA awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR part 200, as adopted by USDOT at 2 CFR part 1201. A project carried out under the INFRA program will be treated as if the project is located on a Federal-aid highway. Additionally, applicable Federal laws, rules and regulations of the relevant operating administration administering the project will apply to 11 Information on State-specific strategic highway safety plans is available at https
safety.fhwa.dot.gov/shsp/other_resources.cfm.
12 Information on FHWA proven safety countermeasures is available at: https
safety.fhwa.dot.gov/provencountermeasures/.

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the projects that receive INFRA grants, including planning requirements, Stakeholder Agreements, and other requirements under the Departments other highway, transit, rail, and port grant programs. For an illustrative list of the applicable laws, rules, regulations, executive orders, policies, guidelines, and requirements as they relate to an INFRA grant, please see http
www.ops.fhwa.dot.gov/Freight/
infrastructure/nsfhp/fy2016_gr_exhbt_c/
index.htm.
As expressed in Executive Order 14005, Ensuring the Future Is Made in All of America by All of Americas Workers 86 FR 7475, it is the policy of the executive branch to maximize, consistent with law, the use of goods, products, and materials produced in, and services offered in, the United States. All INFRA projects are subject to the Buy America requirement at 23
U.S.C. 313. The Department expects all INFRA applicants to comply with that requirement without needing a waiver.
To obtain a waiver, a recipient must be prepared to demonstrate how they will maximize the use of domestic goods, products, and materials in constructing their project.
The applicability of Federal requirements to a project may be affected by the scope of the NEPA
reviews for that project. For example, under 23 U.S.C. 313g, Buy America requirements apply to all contracts that are eligible for assistance under title 23, United States Code, and are carried out within the scope of the NEPA finding, determination, or decision regardless of the funding source of such contracts if at least one contract is funded with Title 23 funds.
In connection with any program or activity conducted with or benefiting from funds awarded under this notice, recipients of funds must comply with all applicable requirements of Federal law, including, without limitation, the Constitution of the United States; the conditions of performance, nondiscrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of the Department of Transportation; and applicable Federal financial assistance and contracting principles promulgated by the Office of Management and Budget. In complying with these requirements, recipients, in particular, must ensure that no concession agreements are denied or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If the Department determines that a recipient has failed to comply with applicable Federal requirements, the
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Department may terminate the award of funds and disallow previously incurred costs, requiring the recipient to reimburse any expended award funds.
INFRA projects involving vehicle acquisition must involve only vehicles that comply with applicable Federal Motor Vehicle Safety Standards and Federal Motor Vehicle Safety Regulations, or vehicles that are exempt from Federal Motor Carrier Safety Standards or Federal Motor Carrier Safety Regulations in a manner that allows for the legal acquisition and deployment of the vehicle or vehicles.
3. Reporting a. Progress Reporting on Grant Activity Each applicant selected for an INFRA
grant must submit the Federal Financial Report SF425 on the financial condition of the project and the projects progress, as well as an Annual Budget Review and Program Plan to monitor the use of Federal funds and ensure accountability and financial transparency in the INFRA program.
b. Reporting of Matters Related to Integrity and Performance If the total value of a selected applicants currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000
for any period of time during the period of performance of this Federal award, then the applicant during that period of time must maintain the currency of information reported to the 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 described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110417, as amended 41 U.S.C. 2313. As required by section 3010 of Public Law 111212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.
G. Federal Awarding Agency Contacts For further information concerning this notice, please contact the Office of the Secretary via email at INFRAgrants@
dot.gov. For other INFRA program questions, please contact Paul Baumer at 202 3661092. A TDD is available for individuals who are deaf or hard of hearing at 2023663993. In addition,
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