Federal Register - February 18, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices
describe anticipated benefits to that populations should the applicant receive a grant under this program. A
formal EJ analysis that is typically included in transportation planning or environmental reviews is not requested.
Additionally, the FTA Administrator will consider applications that include a funding request for workforce development activities that improve the technical expertise of Americas transit workers.
Prior to making an award, FTA is required to review and consider any information about the applicant that is in the Federal Award Performance and Integrity Information System accessible through SAM. An applicant may review and comment on any 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 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 the Office of Management and Budgets Uniform Requirements for Federal Awards 2 CFR 200.205.
F. Federal Award Administration Information
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1. Federal Award Notices FTA will announce the final project selections on the FTA website.
Recipients should contact their FTA
Regional Offices for additional information regarding allocations for projects under the Low-No Program. At the time the project selections are announced, FTA will extend pre-award authority for the selected projects. There is no blanket pre-award authority for these projects before announcement.
Funds under the Low-No Program are available to States, designated recipients, local governmental authorities, and Indian Tribes. There is no minimum or maximum grant award amount. However, FTA intends to fund as many meritorious projects as possible. Only proposals from eligible recipients for eligible activities will be considered for funding. Due to funding limitations, applicants that are selected for funding may receive less than the amount originally requested. In those cases, applicants must be able to demonstrate that the proposed projects are still viable and can be completed with the amount awarded.
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2. Administrative and National Policy Requirements a. Pre-Award Authority FTA will issue specific guidance to recipients regarding pre-award authority at the time of selection. 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 FTAs policy on preaward authority, please see the most recent Apportionment Notice at https
www.transit.dot.gov.
b. Grant Requirements If selected, awardees will apply for a grant through FTAs Transit Award Management System TrAMS. All LowNo Program recipients 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. All recipients must also follow the Award Management Requirements FTA
C.5010.1 and the labor protections required by Federal public transportation law 49 U.S.C. 5333b.
Technical assistance regarding these requirements is available from each FTA
regional office.
c. Buy America FTA requires that all capital procurements meet FTAs Buy America requirements 49 U.S.C. 5323j and 49
CFR part 661, which require that all iron, steel, or manufactured products be produced in the United States. Federal public transportation law provided for a phased increase in the domestic content for rolling stock between FY 2016 and FY 2020. 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. There is no change to the requirement that final assembly of rolling stock must occur in the United States. FTA issued guidance on the implementation of the phased increase in domestic content on September 1, 2016 81 FR 60278. Applicants should read the policy guidance carefully to determine the applicable domestic content requirement for their project.
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.
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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 in a Federal fiscal year comply with Department of Transportation Disadvantaged Business Enterprise DBE program regulations 49 CFR part 26. Applicants should expect to include any funds awarded, excluding those to be used for vehicle procurements, in setting their overall DBE goal. Note, however, that projects including vehicle procurements remain subject to the DBE program regulations.
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 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 retrofitting e.g., replacing major components such as an 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 entitys compliance with these requirements before accepting its bid. A list of compliant, certified TVMs is posted on FTAs web page at https www.transit.dot.gov/
regulations-and-guidance/civil-rightsada/eligible-transit-vehiclemanufacturers. 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 projectspecific DBE goals for vehicle procurements. FTA will provide additional guidance as grants are awarded. For more information on DBE
requirements, please contact Scheryl Portee, Office of the Chief Counsel, 202
3660840, email: scheryl.portee@
dot.gov.
e. Planning FTA encourages applicants to notify the appropriate State Departments of Transportation and metropolitan planning organizations in areas likely to be served by the project funds made available under these initiatives and programs. Selected projects must be incorporated into the long-range plans and transportation improvement
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