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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices
disallow previously incurred costs, requiring the recipient to reimburse any expended award funds. All recipients must also follow the Award Management Requirements FTA
Circular 5010. Technical assistance regarding these requirements is available from each FTA regional office.

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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.
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
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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. Standard Assurances 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. 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 The post-award reporting requirements include submission of the Federal Financial Report FFR and Milestone Progress Report in TrAMS, and FTAs National Transit Database NTD reporting as appropriate see FTA
Circular 9040. Reports to TrAMS and NTD are due annually. Applicants should include any goals, targets, and indicators referenced in their application to the project in the Executive Summary of the TrAMS
application.

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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 recipients 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 comply with the Recipient Integrity and Performance Matters reporting requirements described in Appendix XII to 2 CFR part 200.
G. Federal Awarding Agency Contacts For further information concerning this notice, please contact Jacarl Melton, Office of Program Management, 202
3662269, or email: TribalTransit@
dot.gov. A TDD is available at 1800
8778339 TDD/FIRS.
H. Other Information This program is not subject to Executive Order 12372, Intergovernmental Review of Federal Programs. FTA will consider applications for funding only from eligible recipients for eligible projects listed in Section C of this Notice.
Additionally, to assist tribes with understanding requirements under the Tribal Transit Program, FTA has conducted Tribal Transit Technical Assistance Workshops. FTA has expanded its technical assistance to tribes receiving funds under this program. Through the Tribal Transit Technical Assistance Assessments Initiative, FTA collaborates with Tribal Transit Leaders to review processes and identify areas in need of improvement, and then assists to offer solutions to address these needsall in a supportive and mutually beneficial manner that results in technical assistance. FTA has completed over fifty assessments to date. These assessments include discussions of compliance areas pursuant to the Master Agreement, a site visit, promising practices reviews, and technical assistance from FTA and its contractors. These workshops and assessments have received excellent feedback from Tribal Transit Leaders and provided FTA with invaluable opportunities to learn more about Tribal Transit Leaders perspectives and better honor the sovereignty of tribal nations.
FTA will post information about upcoming workshops to its website and will disseminate information about the assessments through its regional offices.
Contact information for FTAs regional
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