[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18651-18661]
[FR Doc No: 2018-08906]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

Notice of Funding Opportunity for the Department of
Transportation's National Infrastructure Investments Under the
Consolidated Appropriations Act, 2018

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Notice of funding opportunity.

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SUMMARY: The Consolidated Appropriations Act, 2018 (Pub. L. 115-141,
March 23, 2018) (``FY 2018 Appropriations Act'' or the ``Act'')
appropriated $1.5 billion to be awarded by the Department of
Transportation (``DOT'' or the ``Department'') for National
Infrastructure Investments. This appropriation stems from the program
funded and implemented pursuant to the American Recovery and
Reinvestment Act of 2009 (the ``Recovery Act''). This program was
previously known as the Transportation Investment Generating Economic
Recovery, or ``TIGER Discretionary Grants,'' program and is now known
as the Better Utilizing Investments to Leverage Development, or ``BUILD
Transportation Discretionary Grants,'' program. Funds for the FY 2018
BUILD Transportation program are to be awarded on a competitive basis
for projects that will have a significant local or regional impact. The
purpose of this Final Notice is to solicit applications for BUILD
Transportation Discretionary Grants.

DATES: Applications must be submitted by 8:00 p.m. E.D.T. on July 18,
2018.

ADDRESSES: Applications must be submitted through Grants.gov.

FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, please contact the BUILD Transportation program staff via
email at [email protected], or call Howard Hill at<PHONE_NUMBER>. A
TDD is available for individuals who are deaf or hard of hearing at
202-366-3993. In addition, DOT will regularly post answers to questions
and requests for clarifications as well as information about webinars
for further guidance on DOT's website at www.transportation.gov/BUILDgrants.

SUPPLEMENTARY INFORMATION: Many of the selection criteria of BUILD
Transportation grants overlap with previous rounds of National
Infrastructure Investments discretionary grants, though the program is
refocused on infrastructure investment that will make a positive impact
throughout the country. The FY 2018 BUILD Transportation program will
continue to give special consideration to projects located in rural
areas. For this round of BUILD Transportation Discretionary Grants, the
maximum grant award is $25 million, and no more than $150 million can
be awarded to a single State, as specified in the FY 2018
Appropriations Act. Each section of this notice contains information
and instructions relevant to the application process for these BUILD
Transportation Discretionary Grants, and all applicants should read
this notice in its entirety so that they have the information they need
to submit eligible and competitive applications.

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

    The Consolidated Appropriations Act, 2018 (Pub. L. 115-141, March
23, 2018) (``FY 2018 Appropriations Act'' or the ``Act'') appropriated
$1.5 billion to be awarded by the Department of Transportation (``DOT''
or the ``Department'') for National Infrastructure Investments. Since
this program was first created, $5.6 billion has been awarded for
capital investments in surface transportation infrastructure over nine
rounds of competitive grants. Throughout the program, these
discretionary grant awards have supported projects that have a
significant local or regional impact.
    The Department is committed to addressing the unmet transportation
infrastructure needs of rural areas. Rural America is home to many of
the nation's most critical transportation infrastructure assets,
including 444,000 bridges, 2.98 million miles of roadways, and 30,500
miles of Interstate highways. More than 55 percent of all public road
miles are locally-owned rural roads. While only 19 percent of the
nation's population lives in rural areas, 49 percent of all traffic
fatalities occur on rural roads (2015). In addition, Americans living
in rural areas and on Tribal lands continue to disproportionately lack
access to basic broadband service. The Department believes that
underinvestment in rural transportation systems has allowed a slow and
steady decline in the transportation routes that connect rural

American communities to each other and to the rest of the county. New
investment is necessary to grow rural economies, facilitate freight
movement, improve access to reliable and affordable transportation
options and enhance health access and safety for residents. To address
these rural transportation infrastructure needs, DOT intends to award a
greater share of BUILD Transportation Discretionary Grant funding to
projects located in rural areas that align well with the selection
criteria than to such projects in urban areas.

B. Federal Award Information

1. Amount Available

    The FY 2018 Appropriations Act appropriated $1.5 billion to be
awarded by DOT for the BUILD Transportation program. The FY 2018 BUILD
Transportation Discretionary Grants are for capital investments in
surface transportation infrastructure and are to be awarded on a
competitive basis for projects that will have a significant local or
regional impact. Additionally, the Act allows for up to $15 million (of
the $1.5 billion) to be awarded as grants for the planning, preparation
or design of eligible projects. DOT is referring to any such awarded
projects as BUILD Transportation Planning Grants. The FY 2018
Appropriations Act also allows DOT to retain up to $25 million of the
$1.5 billion for award, oversight and administration of grants and
credit assistance made under the BUILD Transportation program. If this
solicitation does not result in the award and obligation of all
available funds, DOT may publish additional solicitations.
    The FY 2018 Appropriations Act allows up to 20 percent of available
funds (or $300 million) to be used by the Department to pay the subsidy
and administrative costs for a project receiving credit assistance
under the Transportation Infrastructure Finance and Innovation Act of
1998 (``TIFIA'') program, if that use of the FY 2018 BUILD funds would
further the purposes of the BUILD Transportation program.

2. Award Size

    The FY 2018 Appropriations Act specifies that BUILD Transportation
Discretionary Grants may not be less than $5 million and not greater
than $25 million, except that for projects located in rural areas (as
defined in Section C.3.ii.) the minimum BUILD Transportation
Discretionary Grant size is $1 million. There is no statutory minimum
grant size, regardless of location, for BUILD Transportation Planning
grants.

3. Restrictions on Funding

    Pursuant to the FY 2018 Appropriations Act, no more than 10 percent
of the funds made available for BUILD Transportation Discretionary
Grants (or $150 million) may be awarded to projects in a single State.
The Act also directs that not less than 30 percent of the funds
provided for BUILD Transportation Discretionary Grants (or $450
million) shall be used for projects located in rural areas. Further,
DOT must take measures to ensure an equitable geographic distribution
of grant funds, an appropriate balance in addressing the needs of urban
and rural areas, and investment in a variety of transportation modes.

4. Availability of Funds

    The FY 2018 Appropriations Act requires that FY 2018 BUILD
Transportation Discretionary Grants funds are only available for
obligation through September 30, 2020. Obligation occurs when a
selected applicant and DOT enter into a written grant agreement after
the applicant has satisfied applicable administrative requirements,
including transportation planning and environmental review
requirements. All FY 2018 BUILD funds must be expended (the grant
obligation must be liquidated or actually paid out to the grantee) by
September 30, 2025. After this date, unliquidated funds are no longer
available to the project. As part of the review and selection process
described in Section E.2., DOT will consider whether a project is ready
to proceed with an obligation of grant funds from DOT within the
statutory time provided. No waiver is possible for these deadlines.

5. Previous TIGER Awards

    Recipients of TIGER Discretionary Grants may apply for funding to
support additional phases of a project awarded funds in the TIGER
program. However, to be competitive, the applicant should demonstrate
the extent to which the previously funded project phase has been able
to meet estimated project schedules and budget, as well as the ability
to realize the benefits expected for the project.

C. Eligibility Information

    To be selected for a BUILD Transportation Discretionary Grant, an
applicant must be an Eligible Applicant and the project must be an
Eligible Project.

1. Eligible Applicants

    Eligible Applicants for BUILD Transportation Discretionary Grants
are State, local, and tribal governments, including U.S. territories,
transit agencies, port authorities, metropolitan planning organizations
(MPOs), and other political subdivisions of State or local governments.
    Multiple States or jurisdictions may submit a joint application and
must identify a lead applicant as the primary point of contact, and
also identify the primary recipient of the award. Each applicant in a
joint application must be an Eligible Applicant. Joint applications
must include a description of the roles and responsibilities of each
applicant and must be signed by each applicant.

2. Cost Sharing or Matching

    Per the FY 2018 Appropriations Act, BUILD Transportation
Discretionary Grants may be used for up to 80 percent of a project
located in an urban area \1\ and the Secretary may increase the Federal
share of costs above 80 percent for a project located in a rural area.
Urban area and rural area are defined in Section C.3.ii of this notice.
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    \1\ To meet match requirements, the minimum total project cost
for a project located in an urban area must be $6.25 million.
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    For a project located in an urban area, the Federal share of the
costs for which an expenditure is made under a BUILD Transportation
grant may not exceed 80 percent. Non-Federal sources include State
funds originating from programs funded by State revenue, local funds
originating from State or local revenue-funded programs, or private
funds. Toll credits under 23 U.S.C. 120(i) are considered a non-Federal
source. Unless otherwise authorized by statute, State or local cost-
share may not be counted as the non-Federal share for both the BUILD
Transportation grant and another Federal grant program. The Department
will not consider previously-incurred costs or previously-expended or
encumbered funds towards the matching requirement for any project.
Matching funds are subject to the same Federal requirements described
in Section F.2. as awarded funds.

3. Other

i. Eligible Projects
    Eligible projects for BUILD Transportation Discretionary Grants are
capital projects that include, but are not limited to: (1) Highway,
bridge, or other road projects eligible under title 23, United States
Code; (2) public transportation projects eligible under chapter 53 of
title 49, United States

Code; (3) passenger and freight rail transportation projects; (4) port
infrastructure investments (including inland port infrastructure and
land ports of entry); and (5) intermodal projects.\2\ The FY 2018
Appropriations Act allows up to $15 million for the planning,
preparation or design of projects eligible for BUILD Transportation
funding. Activities eligible for funding under BUILD Transportation
Planning Grants are related to the planning, preparation, or design--
including environmental analysis, feasibility studies, and other pre-
construction activities--of surface transportation projects. Research,
demonstration, or pilot projects are eligible only if they will result
in long-term, permanent surface transportation infrastructure that has
independent utility as defined in Section C.3.iii. Applicants are
strongly encouraged to submit applications only for eligible award
amounts.
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    \2\ Please note that the Department may use a BUILD
Transportation Discretionary Grant to pay for the surface
transportation components of a broader project that has non-surface
transportation components, and applicants are encouraged to apply
for BUILD Transportation Discretionary Grants to pay for the surface
transportation components of these projects.
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ii. Rural/Urban Definition
    For purposes of this notice, DOT defines ``rural area'' as an area
outside an Urbanized Area \3\ (UA) as designated by the U.S. Census
Bureau. In this notice, an ``urban area'' is defined as an area inside
a UA as designated by the U.S. Census Bureau.\4\
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    \3\ Updated lists of UAs as defined by the Census Bureau are
available on the Census Bureau website at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/.
    \4\ See www.transportation.gov/BUILDgrants for a list of UAs.
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    The Department will consider a project to be in a rural area if the
majority of the project (determined by geographic location(s) where the
majority of the money is to be spent) is located in a rural area. Costs
incurred on an Urbanized Area border, including an intersection with an
Urbanized Area, will be considered urban for the purposes of the FY
2018 BUILD Transportation Program. Rural and urban definitions differ
in some other DOT programs, including TIFIA and the Nationally
Significant Freight and Highway Projects Program (FAST Act Sec.  1105;
23 U.S.C. 117).
    This definition affects three aspects of the program. The FY 2018
Appropriations Act directs that (1) not less than $450 million of the
funds provided for BUILD Transportation Discretionary grants are to be
used for projects in rural areas; (2) for a project in a rural area the
minimum award is $1 million; and (3) the Secretary may increase the
Federal share above 80 percent to pay for the costs of a project in a
rural area.
iii. Project Components
    An application may describe a project that contains more than one
component, and may describe components that may be carried out by
parties other than the applicant. DOT may award funds for a component,
instead of the larger project, if that component (1) independently
meets minimum award amounts described in Section B and all eligibility
requirements described in Section C; (2) independently aligns well with
the selection criteria specified in Section E; and (3) meets National
Environmental Policy Act (NEPA) requirements with respect to
independent utility. Independent utility means that the component will
represent a transportation improvement that is usable and represents a
reasonable expenditure of DOT funds even if no other improvements are
made in the area, and will be ready for intended use upon completion of
that component's construction. All project components that are
presented together in a single application must demonstrate a
relationship or connection between them. (See Section D.2.iv. for
Required Approvals).
    Applicants should be aware that, depending upon the relationship
between project components and applicable Federal law, DOT funding of
only some project components may make other project components subject
to Federal requirements as described in Section F.2.
    DOT strongly encourages applicants to identify in their
applications the project components that have independent utility and
separately detail costs and requested BUILD Transportation funding for
those components. If the application identifies one or more independent
project components, the application should clearly identify how each
independent component addresses selection criteria and produces
benefits on its own, in addition to describing how the full proposal of
which the independent component is a part addresses selection criteria.
iv. Application Limit
    Each lead applicant may submit no more than three applications.
Unrelated project components should not be bundled in a single
application for the purpose of adhering to the limit. If a lead
applicant submits more than three applications as the lead applicant,
only the first three received will be considered.
v. Program of Projects
    Applicants that demonstrate the ability to generate additional non-
Federal revenue for transportation infrastructure investment as
described in Section E.1.i.h. of this notice may apply for multiple
projects, exceeding the three application limit, that collectively
constitute a ``program of projects''. A program of projects consists of
independent projects that address the same transportation challenge and
whose combined benefits, including funding efficiency, are greater than
if the projects are completed individually. For a program of projects,
applicants must submit an application for each project within the
program and describe how each project constitutes a program. Each
project application within a program of projects must meet eligibility
criteria described in Section C of this notice, demonstrate independent
utility, and individually address the merit criteria within this
notice. DOT will evaluate each application within a program of projects
in the same manner in which it evaluates individual project
applications. Each project within a program of projects is subject to
the $25 million award maximum and total awards cannot exceed $150
million per State. Only applicants that generate additional non-Federal
revenue as described in Section E.1.i.h. may submit applications
exceeding the three application limit for consideration as a program of
projects, and only one program of projects may be submitted by each
eligible applicant.

D. Application and Submission Information

1. Address

    Applications must be submitted to Grants.gov. Instructions for
submitting applications can be found at www.transportation.gov/BUILDgrants along with specific instructions for the forms and
attachments required for submission.

2. Content and Form of Application Submission

    The application must include the Standard Form 424 (Application for
Federal Assistance), Standard Form 424C (Budget Information for
Construction Programs), cover page, and the Project Narrative. More
detailed information about the Project Narrative follows. Applicants
should also complete and attach to their application the ``BUILD 2018
Project Information''

form available at www.transportation.gov/BUILDgrants.
    The Department recommends that the project narrative follow the
basic outline below to address the program requirements and assist
evaluators in locating relevant information.

I. Project Description........  See D.2.i.
II. Project Location..........  See D.2.ii.
III. Grant Funds, Sources and   See D.2.iii.
 Uses of all Project Funding.
IV. Merit Criteria............  See D.2.iv.(1).
V. Project Readiness..........  See D.2.iv.(2) and E.1.ii.

    The project narrative should include the information necessary for
the Department to determine that the project satisfies project
requirements described in Sections B and C and to assess the selection
criteria specified in Section E.1. To the extent practicable,
applicants should provide supporting data and documentation in a form
that is directly verifiable by the Department. The Department may ask
any applicant to supplement data in its application, but expects
applications to be complete upon submission.
    In addition to a detailed statement of work, detailed project
schedule, and detailed project budget, the project narrative should
include a table of contents, maps and graphics, as appropriate, to make
the information easier to review. The Department recommends that the
project narrative be prepared with standard formatting preferences (a
single-spaced document, using a standard 12-point font such as Times
New Roman, with 1-inch margins). The project narrative may not exceed
30 pages in length, excluding cover pages and table of contents. The
only substantive portions that may exceed the 30-page limit are
documents supporting assertions or conclusions made in the 30-page
project narrative. If possible, website links to supporting
documentation should be provided rather than copies of these supporting
materials. If supporting documents are submitted, applicants should
clearly identify within the project narrative the relevant portion of
the project narrative that each supporting document supports. At the
applicant's discretion, relevant materials provided previously to an
operating administration in support of a different DOT financial
assistance program may be referenced and described as unchanged. The
Department recommends using appropriately descriptive file names (e.g.,
``Project Narrative,'' ``Maps,'' ``Memoranda of Understanding and
Letters of Support,'' etc.) for all attachments. DOT recommends
applications include the following sections:
i. Project Description
    The first section of the application should provide a concise
description of the project, the transportation challenges that it is
intended to address, and how it will address those challenges. This
section should discuss the project's history, including a description
of any previously completed components. The applicant may use this
section to place the project into a broader context of other
transportation infrastructure investments being pursued by the project
sponsor, and, if applicable, how it will benefit communities in rural
areas.
ii. Project Location
    This section of the application should describe the project
location, including a detailed geographical description of the proposed
project, a map of the project's location and connections to existing
transportation infrastructure, and geospatial data describing the
project location. If the project is located within the boundary of a
Census-designated UA, the application should identify the UA.
iii. Grant Funds, Sources and Uses of Project Funds
    This section of the application should describe the project's
budget. This budget should not include any previously incurred
expenses. At a minimum, it should include:
    (A) Project costs;
    (B) For all funds to be used for eligible project costs, the source
and amount of those funds;
    (C) For non-Federal funds to be used for eligible project costs,
documentation of funding commitments should be referenced here and
included as an appendix to the application;
    (D) For Federal funds to be used for eligible project costs, the
amount, nature, and source of any required non-Federal match for those
funds;
    (E) A budget showing how each source of funds will be spent. The
budget should show how each funding source will share in each major
construction activity, and present that data in dollars and
percentages. Funding sources should be grouped into three categories:
non-Federal; BUILD; and other Federal. If the project contains
individual components, the budget should separate the costs of each
project component. If the project will be completed in phases, the
budget should separate the costs of each phase. The budget detail
should sufficiently demonstrate that the project satisfies the
statutory cost-sharing requirements described in Section C.2;
    In addition to the information enumerated above, this section
should provide complete information on how all project funds may be
used. For example, if a particular source of funds is available only
after a condition is satisfied, the application should identify that
condition and describe the applicant's control over whether it is
satisfied. Similarly, if a particular source of funds is available for
expenditure only during a fixed time period, the application should
describe that restriction. Complete information about project funds
will ensure that the Department's expectations for award execution
align with any funding restrictions unrelated to the Department, even
if an award differs from the applicant's request.
iv. Criteria
    This section of the application should demonstrate how the project
aligns with the Criteria described in Section E.1 of this notice. The
Department encourages applicants to either address each criterion or
expressly state that the project does not address the criterion.
Applicants are not required to follow a specific format, but the
outline suggested below, which addresses each criterion separately,
promotes a clear discussion that assists project evaluators. To
minimize redundant information in the application, the Department
encourages applicants to cross-reference from this section of their
application to relevant substantive information in other sections of
the application. The guidance in this section is about how the
applicant should organize their application. Guidance describing how
the Department will evaluate projects against the Merit Criteria is in
Section E.1 of this notice. Applicants also should review that section
before

considering how to organize their application.
(1) Merit Criteria
(a) Safety
    This section of the application should describe the anticipated
outcomes of the project that support the Safety criterion (described in
Section E.1.i.(a) of this notice). The applicant should include
information on, and to the extent possible, quantify, how the project
would improve safety outcomes within the project area or wider
transportation network, to include how the project will reduce the
number, rate, and consequences of transportation-related accidents,
serious injuries, and fatalities among transportation users, or how the
project will eliminate unsafe grade crossings or contribute to
preventing unintended releases of hazardous materials.
(b) State of Good Repair
    This section of the application should describe how the project
will contribute to a state of good repair by improving the condition or
resilience of existing transportation facilities and systems (described
in Section E.1.i.(b) of this notice), including the project's current
condition and how the proposed project will improve it, and any
estimation of impacts on long-term cost structures or impacts on
overall life-cycle costs. If the project will contribute to a state of
good repair of transportation infrastructure that supports border
security, the applicant should describe how.
(c) Economic Competitiveness
    This section of the application should describe how the project
will support the Economic Competitiveness criterion (described in
Section E.1.i.(c) of this notice). The applicant should include
information about expected impacts of the project on the movement of
goods and people, including how the project increases the efficiency of
movement and thereby reduces costs of doing business, improves local
and regional freight connectivity to the national and global economy,
reduces burdens of commuting, and improves overall well-being. The
applicant should describe the extent to which the project contributes
to the functioning and growth of the economy, including the extent to
which the project addresses congestion or freight connectivity, bridges
service gaps in rural areas, or promotes the expansion of private
economic development.
(d) Environmental Protection
    This section of the application should describe how the project
addresses the environmental protection criterion (described in Section
E.1.i.(d) of this notice). Applicants are encouraged to provide
quantitative information, including baseline information that
demonstrates how the project will reduce energy consumption, stormwater
runoff, or achieve other benefits for the environment such as
brownfield redevelopment.
(e) Quality of Life
    This section should describe how the project increases
transportation choices for individuals, expands access to essential
services for people in communities across the United States, improves
connectivity for citizens to jobs, health care, and other critical
destinations, particularly for rural communities, or otherwise
addresses the quality of life criterion (described in Section E.1.i.(e)
of this notice). If construction of the transportation project will
allow concurrent installation of fiber or other broadband deployment as
an essential service, the applicant should describe those activities
and how they support quality of life. Unless the concurrent activities
support transportation, they will not be eligible for reimbursement.
(f) Innovation
    This section of the application should describe innovative
strategies used and the anticipated benefits of using those strategies,
including those corresponding to three categories (described in Section
E.1.i.(f) of this notice): (i) Innovative Technologies, (ii) Innovative
Project Delivery, or (iii) Innovative Financing.
(i) Innovative Technologies
    If an applicant is proposing to adopt innovative safety approaches
or technology, the application should demonstrate the applicant's
capacity to implement those innovations, the applicant's understanding
of whether the innovations will require extraordinary permitting,
approvals, or other procedural actions, and the effects of those
innovations on the project delivery timeline.
(ii) Innovative Project Delivery
    If an applicant plans to use innovative approaches to project
delivery, applicants should describe those project delivery methods and
how they are expected to improve the efficiency of the project
development or expedite project delivery.
    If an applicant is proposing to use SEP-14 or SEP-15 (as described
in section E.1.i.(f) of this notice) the applicant should describe that
proposal. The applicant should also provide sufficient information for
evaluators to confirm that the applicant's proposal would meet the
requirements of the specific experimental authority program.\5\
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    \5\ SEP-14 information is available at https://www.fhwa.dot.gov/programadmin/contracts/sep_a.cfm. SEP-15 information is available at
https://www.fhwa.dot.gov/ipd/p3/tools_programs/sep15_procedures.aspx.
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(iii) Innovative Financing
    If an applicant plans to incorporate innovative funding or
financing, the applicant should describe the funding or financing
approach, including a description of all activities undertaken to
pursue private funding or financing for the project and the outcomes of
those activities.
(g) Partnership
    This section of the application should include information to
assess the partnership criterion (described in Section E.1.i.(g) of
this notice) including a list of all project parties and details about
the proposed grant recipient and other public and private parties who
are involved in delivering the project. This section should also
describe efforts to collaborate among stakeholders, including with the
private sector.
(h) Non-Federal Revenue for Transportation Infrastructure Investment
    If an applicant generates additional non-Federal revenue (as
described in Section E.1.i.(h) of this notice), this section should
provide evidence of newly secured and committed revenue for
transportation infrastructure investments and identify the source of
the revenue. If new revenue for transportation infrastructure
investments has not already been secured, the applicant should explain
necessary steps to securing revenue and provide a timeline of key
milestones leading to its commitment. To ensure new revenue does not
supplant existing sources, applications should provide estimates of
future revenue levels absent and, separately, with the new revenue. If
applicable, this section should describe any fiscal or legal
constraints that affect the applicant's ability to generate non-Federal
revenue.
(2) Project Readiness
    This section of the application should include information that,
when considered with the project budget information presented elsewhere
in the application, is sufficient for the Department to evaluate
whether the project is reasonably expected to begin

construction in a timely manner. To assist the Department's project
readiness assessment, the applicant should provide the information
requested on technical feasibility, project schedule, project
approvals, and project risks, each of which is described in greater
detail in the following sections. Applicants are not required to follow
the specific format described here, but this organization, which
addresses each relevant aspect of project readiness, promotes a clear
discussion that assists project evaluators. To minimize redundant
information in the application, the Department encourages applicants to
cross-reference from this section of their application to relevant
substantive information in other sections of the application.
    The guidance here is about what information applicants should
provide and how the applicant should organize their application.
Guidance describing how the Department will evaluate a project's
readiness is described in Section E.1.ii of this notice. Applicants
also should review that section when considering how to organize their
application.
(a) Technical Feasibility
    The applicant should demonstrate the technical feasibility of the
project with engineering and design studies and activities; the
development of design criteria and/or a basis of design; the basis for
the cost estimate presented in the BUILD application, including the
identification of contingency levels appropriate to its level of
design; and any scope, schedule, and budget risk-mitigation measures.
Applicants should include a detailed statement of work that focuses on
the technical and engineering aspects of the project and describes in
detail the project to be constructed.
(b) Project Schedule
    The applicant should include a detailed project schedule that
identifies all major project milestones. Examples of such milestones
include State and local planning approvals (programming on the
Statewide Transportation Improvement Program); start and completion of
NEPA and other Federal environmental reviews and approvals including
permitting; design completion; right of way acquisition; approval of
plans, specifications and estimates; procurement; State and local
approvals; project partnership and implementation agreements, including
agreements with railroads; and construction. The project schedule
should be sufficiently detailed to demonstrate that:
    (1) All necessary activities will be complete to allow BUILD
Transportation funds to be obligated sufficiently in advance of the
statutory deadline (September 30, 2020 for FY 2018 funds), and that any
unexpected delays will not put the funds at risk of expiring before
they are obligated;
    (2) the project can begin construction quickly upon obligation of
BUILD Transportation funds, and that the grant funds will be spent
expeditiously once construction starts, with all BUILD Transportation
funds expended by September 30, 2025; and
    (3) all real property and right-of-way acquisition will be
completed in a timely manner in accordance with 49 CFR part 24, 23 CFR
part 710, and other applicable legal requirements or a statement that
no acquisition is necessary.
(c) Required Approvals
    (1) Environmental Permits and Reviews. The application should
demonstrate receipt (or reasonably anticipated receipt) of all
environmental approvals and permits necessary for the project to
proceed to construction on the timeline specified in the project
schedule and necessary to meet the statutory obligation deadline,
including satisfaction of all Federal, State and local requirements and
completion of the NEPA process. Specifically, the application should
include:
    (a) Information about the NEPA status of the project. If the NEPA
process is complete, an applicant should indicate the date of
completion, and provide a website link or other reference to the final
Categorical Exclusion, Finding of No Significant Impact, Record of
Decision, and any other NEPA documents prepared. If the NEPA process is
underway, but not complete, the application should detail the type of
NEPA review underway, where the project is in the process, and indicate
the anticipated date of completion of all milestones and of the final
NEPA determination. If the last agency action with respect to NEPA
documents occurred more than three years before the application date,
the applicant should describe why the project has been delayed and
include a proposed approach for verifying and, if necessary, updating
this material in accordance with applicable NEPA requirements.
    (b) Information on reviews, approvals, and permits by other
agencies. An application should indicate whether the proposed project
requires reviews or approval actions by other agencies,\6\ indicate the
status of such actions, and provide detailed information about the
status of those reviews or approvals and should demonstrate compliance
with any other applicable Federal, State or local requirements, and
when such approvals are expected. Applicants should provide a website
link or other reference to copies of any reviews, approvals, and
permits prepared.
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    \6\ Projects that may impact protected resources such as
wetlands, species habitat, cultural or historic resources require
review and approval by Federal and State agencies with jurisdiction
over those resources.
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    (c) Environmental studies or other documents, preferably through a
website link, that describe in detail known project impacts, and
possible mitigation for those impacts.
    (d) A description of discussions with the appropriate DOT operating
administration field or headquarters office regarding the project's
compliance with NEPA and other applicable Federal environmental reviews
and approvals.
    (e) A description of public engagement about the project that has
occurred, including details on the degree to which public comments and
commitments have been integrated into project development and design.
    (2) State and Local Approvals. The applicant should demonstrate
receipt of State and local approvals on which the project depends, such
as State and local environmental and planning approvals and Statewide
Transportation Improvement Program (STIP) or (Transportation
Improvement Program) TIP funding. Additional support from relevant
State and local officials is not required; however, an applicant should
demonstrate that the project has broad public support.
    (3) Federal Transportation Requirements Affecting State and Local
Planning. The planning requirements applicable to the relevant
operating administration apply to all BUILD Transportation projects,\7\
including

intermodal projects located at airport facilities.\8\ Applicants should
demonstrate that a project that is required to be included in the
relevant State, metropolitan, and local planning documents has been or
will be included in such documents. If the project is not included in a
relevant planning document at the time the application is submitted,
the applicant should submit a statement from the appropriate planning
agency that actions are underway to include the project in the relevant
planning document.
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    \7\ Under 23 U.S.C. 134 and Sec.  135, all projects requiring an
action by FHWA must be in the applicable plan and programming
documents (e.g., metropolitan transportation plan, transportation
improvement program (TIP) and statewide transportation improvement
program (STIP)). Further, in air quality non-attainment and
maintenance areas, all regionally significant projects, regardless
of the funding source, must be included in the conforming
metropolitan transportation plan and TIP. Inclusion in the STIP is
required under certain circumstances. To the extent a project is
required to be on a metropolitan transportation plan, TIP, and/or
STIP, it will not receive a BUILD Transportation grant until it is
included in such plans. Projects not currently included in these
plans can be amended by the State and MPO. Projects that are not
required to be in long range transportation plans, STIPs, and TIPs
will not need to be included in such plans in order to receive a
BUILD Transportation grant. Port, freight rail, and intermodal
projects are not required to be on the State Rail Plans called for
in the Passenger Rail Investment and Improvement Act of 2008, or in
a State Freight Plan as described in the FAST Act. However,
applicants seeking funding for freight projects are encouraged to
demonstrate that they have done sufficient planning to ensure that
projects fit into a prioritized list of capital needs and are
consistent with long-range goals. Means of demonstrating this
consistency would include whether the project is in a TIP or a State
Freight Plan that conforms to the requirements Section 70202 of
Title 49 prior to the start of construction. Port planning
guidelines are available at StrongPorts.gov.
    \8\ Projects at grant obligated airports must be compatible with
the FAA-approved Airport Layout Plan, as well as aeronautical
surfaces associated with the landing and takeoff of aircraft at the
airport. Additionally, projects at an airport: Must comply with
established Sponsor Grant Assurances, including (but not limited to)
requirements for non-exclusive use facilities, consultation with
users, consistency with local plans including development of the
area surrounding the airport, and consideration of the interest of
nearby communities, among others; and must not adversely affect the
continued and unhindered access of passengers to the terminal.
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    To the extent possible, freight projects should be included in a
State Freight Plan and supported by a State Freight Advisory Committee
(49 U.S.C. 70201, 70202), if these exist. Applicants should provide
links or other documentation supporting this consideration.
    Because projects have different schedules, the construction start
date for each BUILD Transportation grant must be specified in the
project-specific agreements signed by relevant operating administration
and the grant recipients, based on critical path items that applicants
identify in the application and will be consistent with relevant State
and local plans.
(d) Assessment of Project Risks and Mitigation Strategies
    Project risks, such as procurement delays, environmental
uncertainties, increases in real estate acquisition costs, uncommitted
local match, or lack of legislative approval, affect the likelihood of
successful project start and completion. The applicant should identify
all material risks to the project and the strategies that the lead
applicant and any project partners have undertaken or will undertake in
order to mitigate those risks. The applicant should assess the greatest
risks to the project and identify how the project parties will mitigate
those risks.
    To the extent it is unfamiliar with the Federal program, the
applicant should contact the appropriate DOT operating administration
field or headquarters offices, as found in contact information at
www.transportation.gov/BUILDgrants, for information on the pre-
requisite steps to obligate Federal funds in order to ensure that their
project schedule is reasonable and that there are no risks of delays in
satisfying Federal requirements.
    BUILD Transportation Planning Grant applicants should describe
their capacity to successfully implement the proposed activities in a
timely manner.
(3) Benefit Cost Analysis
    This section describes the recommended approach for the completion
and submission of a benefit-cost analysis (BCA) as an appendix to the
Project Narrative. The results of the analysis should be summarized in
the Project Narrative directly, as described in Section D.2.
    Applicants should delineate each of their project's expected
outcomes in the form of a complete BCA to enable the Department to
evaluate the project's cost-effectiveness by estimating a benefit-cost
ratio and calculating the magnitude of net benefits and costs for the
project. In support of each project for which an applicant seeks
funding, that applicant should submit a BCA that quantifies the
expected benefits of the project against a no-build baseline, provides
monetary estimates of the benefits' economic value, and compares the
properly-discounted present values of these benefits to the project's
estimated costs.
    The primary economic benefits from projects eligible for BUILD
Transportation Grants are likely to include savings in travel time
costs, vehicle operating costs, and safety costs for both existing
users of the improved facility and new users who may be attracted to it
as a result of the project. Reduced damages from vehicle emissions and
savings in maintenance costs to public agencies may also be quantified.
Applicants may describe other categories of benefits in the BCA that
are more difficult to quantify and value in economic terms, such as
improving the reliability of travel times or improvements to the
existing human and natural environments (such as increased
connectivity, improved public health, storm water runoff mitigation,
and noise reduction), while also providing numerical estimates of the
magnitude and timing of each of these additional impacts wherever
possible. Any benefits claimed for the project, both quantified and
unquantified, should be clearly tied to the expected outcomes of the
project.
    The BCA should include the full costs of developing, constructing,
operating, and maintaining the proposed project, as well as the
expected timing or schedule for costs in each of these categories. The
BCA may also consider the present discounted value of any remaining
service life of the asset at the end of the analysis period. The costs
and benefits that are compared in the BCA should also cover the same
project scope.
    The BCA should carefully document the assumptions and methodology
used to produce the analysis, including a description of the baseline,
the sources of data used to project the outcomes of the project, and
the values of key input parameters. Applicants should provide all
relevant files used for their BCA, including any spreadsheet files and
technical memos describing the analysis (whether created in-house or by
a contractor). The spreadsheets and technical memos should present the
calculations in sufficient detail and transparency to allow the
analysis to be reproduced by DOT evaluators. Detailed guidance for
estimating some types of quantitative benefits and costs, together with
recommended economic values for converting them to dollar terms and
discounting to their present values, are available in the Department's
guidance for conducting BCAs for projects seeking funding under the
BUILD Transportation program (see www.transportation.gov/BUILDgrants/additional-guidance).

3. Unique Entity Identifier and System for Award Management (SAM)

    Each applicant must: (1) Be registered in SAM before submitting its
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 it has an active
Federal award or an application or plan under consideration by a
Federal awarding agency. The Department may not make a BUILD
Transportation grant to an applicant until the applicant has complied
with all applicable unique entity identifier and SAM requirements and,
if an applicant has not fully complied with the requirements by the
time the Department is ready to make a BUILD Transportation grant, the
Department may determine that the applicant is not qualified to receive
a BUILD Transportation grant and use that determination as a basis for
making

a BUILD Transportation grant to another applicant.

4. Submission Dates and Times

i. Deadline
    Applications must be submitted by 8:00 p.m. E.D.T. on July 18,
2018. The Grants.gov ``Apply'' function will open by June 3, 2018.
    To submit an application through Grants.gov, applicants must:
    (1) Obtain a Data Universal Numbering System (DUNS) number;
    (2) Register with the System for Award Management (SAM) at
www.SAM.gov;
    (3) Create a Grants.gov username and password; and
    (4) The E-Business Point of Contact (POC) at the applicant's
organization must respond to the registration email from Grants.gov and
login at Grants.gov to authorize the applicant as the Authorized
Organization Representative (AOR). Please note that there can be more
than one AOR for an organization.
    Please note that the Grants.gov registration process usually takes
2-4 weeks to complete and that the Department will not consider late
applications that are the result of failure to register or comply with
Grants.gov applicant requirements in a timely manner. For information
and instruction on each of these processes, please see instructions at
http://www.grants.gov/web/grants/applicants/applicant-faqs.html. If
applicants experience difficulties at any point during the registration
or application process, please call the Grants.gov Customer Service
Support Hotline at 1(800) 518-4726, Monday-Friday from 7:00 a.m. to
9:00 p.m. EST.
ii. Consideration of Applications
    Only applicants who comply with all submission deadlines described
in this notice and electronically submit valid applications through
Grants.gov will be eligible for award. Applicants are strongly
encouraged to make submissions in advance of the deadline.
iii. Late Applications
    Applicants experiencing technical issues with Grants.gov that are
beyond the applicant's control must contact [email protected] prior
to the application deadline with the user name of the registrant and
details of the technical issue experienced. The applicant must provide:
    (1) Details of the technical issue experienced;
    (2) Screen capture(s) of the technical issues experienced along
with corresponding Grants.gov ``Grant tracking number'';
    (3) The ``Legal Business Name'' for the applicant that was provided
in the SF-424;
    (4) The AOR name submitted in the SF-424;
    (5) The DUNS number associated with the application; and
    (6) The Grants.gov Help Desk Tracking Number.
    To ensure a fair competition of limited discretionary funds, the
following conditions are not valid reasons to permit late submissions:
(1) Failure to complete the registration process before the deadline;
(2) failure to follow Grants.gov instructions on how to register and
apply as posted on its website; (3) failure to follow all instructions
in this notice of funding opportunity; and (4) technical issues
experienced with the applicant's computer or information technology
environment. After the Department reviews all information submitted and
contact the Grants.gov Help Desk to validate reported technical issues,
DOT staff will contact late applicants to approve or deny a request to
submit a late application through Grants.gov. If the reported technical
issues cannot be validated, late applications will be rejected as
untimely.

E. Application Review Information

1. Criteria

    This section specifies the criteria that DOT will use to evaluate
and award applications for BUILD Transportation Discretionary Grants.
The criteria incorporate the statutory eligibility requirements for
this program, which are specified in this notice as relevant. Projects
will also be evaluated for demonstrated project readiness and benefits
and costs.
i. Merit Criteria
    Applications that do not demonstrate a likelihood of significant
long-term benefits based on these criteria will not proceed in the
evaluation process. DOT does not consider any merit criterion more
important than the others. BUILD Transportation Planning Grant
applications will be evaluated against the same criteria as capital
grant applications. While the FY 2018 Appropriations Act allows funding
solely for pre-construction activities, the Department will prioritize
FY 2018 BUILD Transportation funding for projects which demonstrate the
ability to move into the construction phase within the period of
obligation. The selection criteria, which will receive equal
consideration, are:
(a) Safety
    The Department will assess the project's ability to foster a safe
transportation system for the movement of goods and people. The
Department will consider the projected impacts on the number, rate, and
consequences of crashes, fatalities and injuries among transportation
users; the project's contribution to the elimination of highway/rail
grade crossings, or the project's contribution to preventing unintended
releases of hazardous materials.
(b) State of Good Repair
    The Department will assess whether and to what extent: (1) The
project is consistent with relevant plans to maintain transportation
facilities or systems in a state of good repair and address current and
projected vulnerabilities; (2) if left unimproved, the poor condition
of the asset will threaten future transportation network efficiency,
mobility of goods or accessibility and mobility of people, or economic
growth; (3) the project is appropriately capitalized up front and uses
asset management approaches that optimize its long-term cost structure;
(4) a sustainable source of revenue is available for operations and
maintenance of the project and the project will reduce overall life-
cycle costs; (5) maintain or improve transportation infrastructure that
supports border security functions; and (6) the project includes a plan
to maintain the transportation infrastructure in a state of good
repair. The Department will prioritize projects that ensure the good
condition of transportation infrastructure, including rural
transportation infrastructure, that support commerce and economic
growth.
(c) Economic Competitiveness
    The Department will assess whether the project will (1) decrease
transportation costs and improve access, especially for rural
communities, through reliable and timely access to employment centers
and job opportunities; (2) improve long-term efficiency, reliability or
costs in the movement of workers or goods; (3) increase the economic
productivity of land, capital, or labor; (4) result in long-term job
creation and other economic opportunities; or (5) help the United
States compete in a global economy by facilitating efficient and
reliable freight movement.
    Projects that address congestion in major urban areas, particularly
those that do so through the use of congestion

pricing or the deployment of advanced technology, projects that bridge
gaps in service in rural areas, and projects that attract private
economic development, all support local or regional economic
competitiveness.
(d) Environmental Protection
    The Department will consider the extent to which the project
improves energy efficiency, reduces dependence on oil, reduces
congestion-related emissions, improves water quality, avoids and
mitigates environmental impacts and otherwise benefits the environment,
including through alternative right of way uses demonstrating
innovative ways to improve or streamline environmental reviews while
maintaining the same outcomes. The Department will assess the project's
ability to: (i) Reduce energy use and air or water pollution through
congestion mitigation strategies; (ii) avoid adverse environmental
impacts to air or water quality, wetlands, and endangered species; or
(iii) provide environmental benefits, such as brownfield redevelopment,
ground water recharge in areas of water scarcity, wetlands creation or
improved habitat connectivity, and stormwater mitigation.
(e) Quality of Life
    The Department will consider the extent to which the project: (i)
Increases transportation choices for individuals to provide more
freedom on transportation decisions; (ii) expands access to essential
services for communities across the United States, particularly for
rural communities; and (iii) improves connectivity for citizens to
jobs, health care, and other critical destinations, particularly for
rural communities. Americans living in rural areas and on Tribal lands
continue to disproportionately lack access and connectivity, and the
Department will consider whether and the extent to which the
construction of the transportation project will allow concurrent
installation of fiber or other broadband deployment as an essential
service.
(f) Innovation
    The Department will assess the extent to which the applicant uses
innovative strategies, including: (i) Innovative technologies, (ii)
innovative project delivery, or (iii) innovative financing.
(i) Innovative Technologies
    DOT will assess innovative approaches to transportation safety,
particularly in relation to automated vehicles and the detection,
mitigation, and documentation of safety risks. When making BUILD
Transportation award decisions, the Department will consider any
innovative safety approaches proposed by the applicant, particularly
projects which incorporate innovative design solutions, enhance the
environment for automated vehicles, or use technology to improve the
detection, mitigation, and documentation of safety risks. Innovative
safety approaches may include, but are not limited to:
     Conflict detection and mitigation technologies (e.g.,
intersection alerts and signal prioritization);
     Dynamic signaling or pricing systems to reduce congestion;
     Signage and design features that facilitate autonomous or
semi-autonomous vehicle technologies;
     Applications to automatically capture and report safety-
related issues (e.g., identifying and documenting near-miss incidents);
and
     Cybersecurity elements to protect safety-critical systems.
    For innovative safety proposals, the Department will evaluate
safety benefits that those approaches could produce and the broader
applicability of the potential results. DOT will also assess the extent
to which the project uses innovative technology that supports surface
transportation to significantly enhance the operational performance of
the transportation system.
    Innovative technologies include: broadband deployment and the
installation of high-speed networks concurrent with the project
construction; connecting Intelligent Transportation System (ITS)
infrastructure; and providing direct fiber connections that support
surface transportation to public and private entities, which can
provide a platform and catalyst for growth of rural communities. The
Department will consider whether and the extent to which the
construction of the transportation project will allow concurrent
broadband deployment and the installation of high-speed networks.
(ii) Innovative Project Delivery
    DOT will consider the extent to which the project utilizes
innovative practices in contracting, congestion management, asset
management, or long-term operations and maintenance.
    The Department also seeks projects that employ innovative
approaches to improve the efficiency and effectiveness of the
environmental permitting and review to accelerate project delivery and
achieve improved outcomes for communities and the environment. The
Department's objective is to achieve timely and consistent
environmental review and permit decisions. Participation in innovative
project delivery approaches will not remove any statutory requirements
affecting project delivery. While BUILD Transportation award recipients
are not required to employ innovative approaches, the Department
encourages BUILD Transportation applicants to describe innovative
project delivery methods for proposed projects.
    Additionally, DOT is interested in projects that apply innovative
strategies to improve the efficiency of project development or expedite
project delivery by using FHWA's Special Experimental Project No. 14
(SEP-14) and Special Experimental Project No. 15 (SEP-15). Under SEP-14
and SEP-15, FHWA may waive statutory and regulatory requirements under
title 23 on a project-by-project basis to explore innovative processes
that could be adopted through legislation. This experimental authority
is available to test changes that would improve the efficiency of
project delivery in a manner that is consistent with the purposes
underlying existing requirements; it is not available to frustrate the
purposes of existing requirements.
    When making BUILD Transportation award decisions, the Department
will consider the applicant's proposals to use SEP-14 or SEP-15,
whether the proposals are consistent with the objectives and
requirements of those programs, the potential benefits that
experimental authorities or waivers might provide to the project, and
the broader applicability of potential results. The Department is not
replacing the application processes for SEP-14 or SEP-15 with this
notice or the BUILD Transportation program application. Instead, it
seeks detailed expressions of interest in those programs. If selected
for an BUILD Transportation award, the applicant would need to satisfy
the relevant programs' requirements and complete the appropriate
application processes. Selection for a BUILD Transportation award does
not mean a project's SEP-14 or SEP-15 proposal has been approved. The
Department will make a separate determination in accordance with those
programs' processes on the appropriateness of a waiver.
(iii) Innovative Financing
    DOT will assess the extent to which the project incorporates
innovations in transportation funding and finance through both
traditional and innovative means, including by using private sector
funding or financing and recycled

revenue from the competitive sale or lease of publicly owned or
operated assets.
(g) Partnership
    The Department will consider the extent to which projects
demonstrate strong collaboration among a broad range of stakeholders.
Projects with strong partnership typically involve multiple partners in
project development and funding, such as State and local governments,
other public entities, and private or nonprofit entities. DOT will
consider rural applicants that partner with State, local, or private
entities for the completion and operation of transportation
infrastructure to have strong partnership. DOT will also assess the
extent to which the project application demonstrates collaboration
among neighboring or regional jurisdictions, including neighboring
rural areas, to achieve local or regional benefits. In the context of
public-private partnerships, DOT will assess the extent to which
partners are encouraged to ensure long-term asset performance, such as
through pay-for-success approaches.
    DOT will also consider the extent to which projects include
partnerships that bring together diverse transportation agencies or are
supported, financially or otherwise, by other stakeholders that are
pursuing similar objectives. For example, DOT will consider the extent
to which transportation projects are coordinated with economic
development, housing, water and waste infrastructure, power and
electric infrastructure, broadband and land use plans and policies or
other public service efforts.
(h) Non-Federal Revenue for Transportation Infrastructure Investment
    The Administration believes that attracting significant new, non-
Federal revenue streams dedicated to transportation infrastructure
investment is desirable to maximize investment in transportation
infrastructure. The Department will assess the extent that applications
provide evidence that the applicant will secure and commit new, non-
Federal revenue to transportation infrastructure investment.
    New revenue means revenue that is not included in current and
projected funding levels and results from specific actions taken to
increase transportation infrastructure investment. For example, an
applicant may generate new revenue through asset recycling, tolling,
tax-increment financing, or sales or gas tax increases. New revenue
does not include the proceeds of a new bond issuance unless an
applicant raises or commits to raising new revenue to repay the bonds.
The Department will consider actions to create new revenue only if
those actions occurred after January 1, 2015 or will occur in the
future; it will not consider actions that occurred before January 1,
2015. For applications that propose to generate revenue over multiple
years, the maximum time period that should be used is 10 years,
beginning on January 1, 2018. Among otherwise similar applications,
applicants that generate more new non-Federal revenue for future
transportation infrastructure investment will be more competitive. The
Department recognizes that applicants have varying abilities and
resources to generate non-Federal revenue. If an applicant describes
broader legal or fiscal constraints that affect its ability to generate
non-Federal revenue, the Department will consider those constraints. As
mandated by the FY 2018 Appropriations Act, the Department will not use
the Federal share as a selection criterion in awarding projects.
 ii. Demonstrated Project Readiness
    During application evaluation, the Department may consider project
readiness to assess the likelihood of a successful project. In that
analysis, the Department will consider significant risks to successful
completion of a project, including risks associated with environmental
review, permitting, technical feasibility, funding, and the applicant's
capacity to manage project delivery. Risks do not disqualify projects
from award, but competitive applications clearly and directly describe
achievable risk mitigation strategies. A project with mitigated risks
or with a risk mitigation plan is more competitive than a comparable
project with unaddressed risks.
iii. Project Costs and Benefits
    The Department may consider the costs and benefits of projects
seeking BUILD Transportation funding. To the extent possible, the
Department will rely on quantitative, data-supported analysis to assess
how well a project addresses this criterion, including an assessment of
the project's estimated benefit-cost ratio and net quantifiable
benefits based on the applicant-supplied BCA described in Section
D.2.vi.
iv. Additional Considerations
    The FY 2018 Appropriations Act requires the Department to consider
contributions to geographic diversity among recipients, including the
need for a balance between the needs of rural and urban communities
when selecting BUILD Transportation projects.

2. Review and Selection Process

    DOT reviews all eligible applications received by the deadline. The
BUILD Transportation grants review and selection process consists of at
least Technical Review and Senior Review. In the Technical Review,
teams comprising staff from the Office of the Secretary (OST) and
operating administrations review all eligible applications and rate
projects based on how well the projects align with the selection
criteria. The Senior Review Team, which includes senior leadership from
OST and the operating administrations determines which projects to
advance to the Secretary as Highly Rated. The FY 2018 Appropriations
Act mandated BUILD Transportation grant awards by December 18, 2018. To
ensure the Department meets the statutory deadline specified in the FY
2018 Appropriations Act, the Department may revise the evaluation
process based on the number of applications received. The Secretary
selects from the Highly Rated projects for final awards.

3. Additional Information

    Prior to award, each selected applicant will be subject to a risk
assessment as required by 2 CFR 200.205. The Department must 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)).
An applicant may review information in FAPIIS and comment on any
information about itself. The Department will consider 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.

F. Federal Award Administration Information

1. Federal Award Notice

    Following the evaluation outlined in Section E, the Secretary will
announce awarded projects by posting a list of selected projects at
www.transportation.gov/BUILDgrants. Notice of selection is not
authorization to begin performance. Following that announcement, the
relevant operating administration will contact the point of contact
listed in the SF 424 to initiate negotiation of the grant agreement for
authorization.

2. Administrative and National Policy Requirements

    All 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 DOT at 2 CFR part
1201. Additionally, applicable Federal laws, rules and regulations of
the relevant operating administration administering the project will
apply to the projects that receive BUILD Transportation Discretionary
Grants awards, including planning requirements, Service Outcome
Agreements, Stakeholder Agreements, Buy America compliance, and other
requirements under DOT's other highway, transit, rail, and port grant
programs.
    For projects administered by FHWA, applicable Federal laws, rules,
and regulations set forth in Title 23 U.S.C. and Title 23 CFR apply.
For an illustrative list of the applicable laws, rules, regulations,
executive orders, polices, guidelines, and requirements as they relate
to a BUILD Transportation project administered by the FHWA, please see
https://ops.fhwa.dot.gov/Freight/infrastructure/tiger/fy2016_gr_exhbt/index.htm. For BUILD Transportation projects administered by the
Federal Transit Administration and partially funded with Federal
transit assistance, all relevant requirements under chapter 53 of title
49 U.S.C. apply. For transit projects funded exclusively with BUILD
Transportation Discretionary Grants funds, some requirements of chapter
53 of title 49 U.S.C. and chapter VI of title 49 CFR apply. For
projects administered by the Federal Railroad Administration, FRA
requirements described in 49 U.S.C. Subtitle V, Part C apply.
    Federal wage rate requirements included in subchapter IV of chapter
31 of title 40, U.S.C., apply to all projects receiving funds under
this program, and apply to all parts of the project, whether funded
with BUILD Transportation Discretionary Grant funds, other Federal
funds, or non-Federal funds.

3. Reporting

i. Progress Reporting on Grant Activities
    Each applicant selected for BUILD Transportation Discretionary
Grants funding must submit quarterly progress reports and Federal
Financial Reports (SF-425) to monitor project progress and ensure
accountability and financial transparency in the BUILD Transportation
program.
ii. System Performance Reporting
    Each applicant selected for BUILD Transportation Discretionary
Grant funding must collect information and report on the project's
observed performance with respect to the relevant long-term outcomes
that are expected to be achieved through construction of the project.
Performance indicators will not include formal goals or targets, but
will include observed measures under baseline (pre-project) as well as
post-implementation outcomes for an agreed-upon timeline, and will be
used to evaluate and compare projects and monitor the results that
grant funds achieve to the intended long-term outcomes of the BUILD
Transportation program are achieved. To the extent possible,
performance indicators used in the reporting should align with the
measures included in the application and should relate to at least one
of the selection criteria defined in Section E. Performance reporting
continues for several years after project construction is completed,
and DOT does not provide BUILD Transportation Discretionary Grant
funding specifically for performance reporting.
iii. Reporting of Matters Related to Recipient Integrity and
Performance
    If the total value of a selected applicant's 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 SAM that is made available in the
designated integrity and performance system (currently 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 110-417, as amended (41 U.S.C. 2313). As
required by section 3010 of Public Law 111-212, 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
BUILD Transportation program staff via email at [email protected], or
call Howard Hill at<PHONE_NUMBER>. A TDD is available for individuals
who are deaf or hard of hearing at<PHONE_NUMBER>. In addition, DOT will
post answers to questions and requests for clarifications on DOT's
website at www.transportation.gov/BUILDgrants. To ensure applicants
receive accurate information about eligibility or the program, the
applicant is encouraged to contact DOT directly, rather than through
intermediaries or third parties, with questions. DOT staff may also
conduct briefings on the BUILD Transportation Discretionary Grants
selection and award process upon request.

H. Other information

1. Protection of Confidential Business Information

    All information submitted as part of or in support of any
application shall use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If the application includes
information the applicant considers to be a trade secret or
confidential commercial or financial information, the applicant should
do the following: (1) Note on the front cover that the submission
``Contains Confidential Business Information (CBI)''; (2) mark each
affected page ``CBI''; and (3) highlight or otherwise denote the CBI
portions. DOT protects such information from disclosure to the extent
allowed under applicable law. In the event DOT receives a Freedom of
Information Act (FOIA) request for the information, DOT will follow the
procedures described in its FOIA regulations at 49 CFR 7.17. Only
information that is ultimately determined to be confidential under that
procedure will be exempt from disclosure under FOIA.

    Issued on: April 20, 2018.
Elaine L. Chao,
Secretary.
[FR Doc. 2018-08906 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-9X-P