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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices
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 Administrators review completed by a non-career Senior Review Team, which includes senior leadership from the Office of the Secretary and FRA; and, d. Selection of awards for the Secretarys 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 than the simplified acquisition threshold of $250,000 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 applicants 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.

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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. This announcement is FRAs notification to successful and unsuccessful applicants alike. 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 grantee and the FRA, including an approved scope, schedule, and budget, before obligating the grant.

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For Track 2 PE/NEPA projects, these requirements may include transportation planning. For Track 3
FD/Construction projects, these requirements may include transportation planning, PE and environmental reviews.
2. Administrative and National Policy Requirements In connection with any program or activity conducted with or benefiting from funds awarded under this notice, grantees 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, grantees, 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 grantee has failed to comply with applicable Federal requirements, the Department may terminate the award of funds and disallow previously incurred costs, requiring the grantee to reimburse any expended award funds.
Examples of administrative and national policy requirements include: 2
CFR part 200; procurement standards at 2 CFR part 200 Subpart DProcurement Standards, 2 CFR 1207.317 and 2 CFR
200.401; compliance with Federal civil rights laws and regulations;
requirements for disadvantaged business enterprises, debarment and suspension requirements, and drug-free workplace requirements; FRAs and OMBs Assurances and Certifications;
Americans with Disabilities Act; safety requirements; NEPA; environmental justice requirements; performance measures under 49 U.S.C. 22907f; for CRISI Funding, grant conditions under 49 U.S.C. 22905 including the Buy America requirements, applicable labor requirements, the provision deeming operators rail carriers for certain purposes and grantee agreements with railroad right-of-way owners for projects using railroad right-of way. Unless otherwise stated in statutory or legislative authority, or appropriations language, all financial assistance awards follow the Uniform Administrative Requirements, Cost Principles and
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Audit Requirements for Federal Awards at 2 CFR part 200 and 2 CFR part 1201.
Grantees 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. See an example of standard terms and conditions for FRA grant awards at https www.fra.dot.gov/eLib/Details/
L19057 and clauses specific to CRISI
funding at https www.fra.dot.gov/eLib/
Details/L20078. These templates are subject to revision.
Projects selected under this NOFO for commuter rail passenger transportation for positive train control projects may be transferred to the Federal Transit Administration for grant administration at the Secretarys discretion. If such a project is transferred to the Federal Transit Administration, applicants will be required to comply with chapter 53
of Title 49 of the United States Code.
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. Pursuant to 2 CFR
170.210, non-Federal entities applying under this NOFO must have the necessary processes and systems in place to comply with the reporting requirements should they receive Federal funding.
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.
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 XIIAward Term and Condition for Recipient Integrity and Performance Matters.
c. Performance Reporting Each applicant selected for funding must collect information and report on the projects performance using measures mutually agreed upon by FRA

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