[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53810-53820]
[FR Doc No: 2019-21866]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for the Federal-State Partnership
for State of Good Repair Program

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of funding opportunity (NOFO or notice).

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SUMMARY: This notice details the application requirements and
procedures to obtain grant funding for eligible projects under the
Federal-State Partnership for State of Good Repair Program (Partnership
Program). This notice solicits applications for Partnership Program
funds made available by the Consolidated Appropriations Act, 2019. The
opportunity described in this notice is made available under Catalog of
Federal Domestic Assistance (CFDA) number 20.326, ``Federal-State
Partnership for State of Good Repair.''

DATES: Applications for funding under this solicitation are due no
later than 5:00 p.m. EDT, December 9, 2019. FRA will not consider
applications for funding or supplemental material in support of an
application received after 5:00 p.m. EDT, on December 9, 2019 or
incomplete applications for funding. See Section D of this notice for
additional information on the application process.

ADDRESSES: Applications must be submitted via www.Grants.gov. Only
applicants who comply with all submission requirements described in
this notice and submit applications through www.Grants.gov will be
eligible for award. For any supporting application materials that an
applicant is unable to submit via www.Grants.gov (such as oversized
engineering drawings), an applicant may submit an original and two (2)
copies to Amy Houser, Office of Program Delivery, Federal Railroad
Administration, 1200 New Jersey Avenue SE, Room W36-412, Washington, DC
20590. However, due to delays caused by enhanced screening of mail
delivered via the U.S. Postal Service, applicants are advised to use
other means of conveyance (such as courier service) to assure timely
receipt of materials before the application deadline.

FOR FURTHER INFORMATION CONTACT: For further project- or program-
related information in this notice, please contact Mr. Bryan Rodda,
Office of Policy and Planning, Federal Railroad Administration, 1200
New Jersey Avenue SE, Room W38-203, Washington, DC 20590; email:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>. Grant application submission
and processing questions should be addressed to Ms. Amy Houser, Office
of Program Delivery, Federal Railroad Administration, 1200 New Jersey
Avenue SE, Room W36-412, Washington, DC 20590; email:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Notice to applicants: FRA recommends that applicants read this
notice in its entirety prior to preparing application materials. The
term ``grant'' is used throughout this document and is intended to
reference funding awarded through a grant agreement, as well as funding
awarded to recipients through a cooperative agreement. Definitions of
key terms used throughout the NOFO are provided in Section A(2). These
key terms are capitalized throughout the NOFO. There are several
administrative and eligibility requirements described herein with which
applicants must comply. Additionally, applicants should note that the
required Project Narrative component of the application package may not
exceed 25 pages in length.

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

1. Overview

    The purpose of this notice is to solicit applications for grants
for Capital Projects within the United States to repair, replace, or
rehabilitate Qualified Railroad Assets to reduce the state of good
repair backlog and improve Intercity Passenger Rail performance under
the Partnership Program. The Partnership Program provides a Federal
funding opportunity to leverage private, state, and local investments
to significantly improve American rail infrastructure. The Partnership
Program is authorized in Sections 11103 and 11302 of the Passenger Rail
Reform and Investment Act of 2015 (Title XI of the Fixing America's
Surface Transportation (FAST) Act, Pub. L. 114-94 (2015)); codified at
49 U.S.C. 24911 and this NOFO is funded by the 2019 Appropriation.
    The Department recognizes the importance of applying life cycle
asset management principles throughout America's infrastructure. It is
important for rail infrastructure owners and operators, as well as
those who may apply on their behalf, to plan for the maintenance and
replacement of assets and the associated costs. In light of recent
fatal passenger rail accidents, the Department particularly recognizes
the opportunity to enhance safety in both track and equipment through
this grant program, and encourages the submission of proposed projects
to grade-separate or otherwise improve safety at highway-rail grade
crossings.
    The Partnership Program is intended to benefit both the Northeast
Corridor (``NEC'') and the large number of public or Amtrak-owned or
controlled infrastructure, equipment, and facilities located in other
areas of the country, including strengthening transportation options
for rural American communities. Applicants should note that the
Partnership Program has distinct eligibility requirements based on
project location. In addition to the generally applicable requirements,
applicants proposing NEC Projects should specifically review the NEC-
specific requirements provided in Section C(3)(b), and the Qualified
Railroad Asset information provided in Section D(2)(a)(vi) while
applicants proposing Non-NEC Projects should review the Qualified
Railroad Asset information provided in Section D(2)(a)(v).

2. Definitions of Key Terms

    a. ``Benefit-Cost Analysis'' (or ``Cost-Benefit Analysis'') is a
systematic, data-driven, and transparent analysis comparing monetized
project benefits and costs, using a no-build baseline and properly
discounted present values, including concise documentation of the
assumptions and methodology used to produce the analysis, a description
of the baseline, data sources used to project outcomes, values of key
input parameters, basis of modeling (including spreadsheets, technical
memos, etc.), and presentation of the calculations in sufficient detail
and transparency to allow the analysis to be reproduced and sensitivity
of results evaluated by FRA. Please refer to the Benefit-Cost Analysis
(BCA) Guidance for Discretionary Grant Programs prior to preparing a
BCA at https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance. In addition, please also refer
to the BCA FAQs on FRA's website for rail-specific examples of how to
apply the BCA Guidance for Discretionary Grant Programs to Partnership
Program applications.
    b. ``Capital Project'' means a project primarily intended to
replace, rehabilitate, or repair major infrastructure assets utilized
for providing Intercity Passenger Rail service, including tunnels,
bridges, and stations; or a project primarily intended to improve
Intercity Passenger Rail performance, including reduced trip times,
increased train frequencies, and higher operating speeds, consistent
with 49 U.S.C. 24911(a)(2).
    c. ``Commuter Rail Passenger Transportation'' means short-haul rail
passenger transportation in metropolitan and suburban areas usually
having reduced fare, multiple ride, and commuter tickets and morning
and evening peak period operations, consistent with 49 U.S.C. 24102(3).
    d. ``Intercity Rail Passenger Transportation'' means rail passenger
transportation, except Commuter Rail Passenger Transportation,
consistent with 49 U.S.C. 24911(a)(3). In this notice, ``Intercity
Passenger Rail'' is an equivalent term to ``Intercity Rail Passenger
Transportation.''
    e. ``Major Capital Project'' means a Capital Project with an
estimated total project cost of $300 million or more.
    f. ``NEC Project'' means a Capital Project where the Qualified
Railroad Assets involved in the project are part of, or in primary use
for, the Northeast Corridor (``NEC'').
    g. ``Non-NEC Project'' means a Capital Project where the Qualified
Railroad Assets involved in the project are not part of, or are not in
primary use for, the Northeast Corridor (``NEC'').
    h. ``Northeast Corridor'' (``NEC'') means the main rail line
between Boston, Massachusetts, and the District of Columbia; the branch
rail lines connecting to Harrisburg, Pennsylvania, Springfield,
Massachusetts, and Spuyten Duyvil, New York; and facilities and
services used to operate and maintain these lines, consistent with 49
U.S.C. 24911(a)(4).
    i. A ``Qualified Railroad Asset,'' consistent with 49 U.S.C.
24911(a)(5), means infrastructure, equipment, or a facility that:
    i. is owned or controlled by an eligible applicant;
    ii. is contained in the planning document developed under 49 U.S.C.
24904 and for which a cost-allocation policy has been developed under
49 U.S.C. 24905(c), or is contained in an equivalent planning document
and for which a similar cost-allocation policy has been developed; and
    iii. was not in a State of Good Repair on the date of enactment of
the Passenger Rail Reform and Investment Act of 2015 (December 4,
2015).
    See Section D(2)(a), Project Narrative, for further details about
the Qualified Railroad Asset requirements and application submission
instructions related to Qualified Railroad Assets.\1\
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    \1\ For any project that includes purchasing intercity passenger
rail equipment, applicants are encouraged to use a standardized
approach to the procurement, such as the specifications developed by
the Next Generation Corridor Equipment Pool Committee or a similarly
uniform process.
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    j. ``State of Good Repair'' means a condition in which physical
assets, both individually and as a system, are (A) performing at a
level at least equal to that called for in their as-built or as-
modified design specification during any period when the life cycle
cost of maintaining the assets is lower than the cost of replacing
them; and (B) sustained through regular maintenance and replacement
programs, consistent with 49 U.S.C. 24102(12).

B. Federal Award Information

1. Available Award Amount

    The total funding available for awards under this NOFO is
$396,000,000 after $4,000,000 is set aside for FRA award and project
management oversight as provided in the 2019 Appropriation. Should
additional Partnership Program funds become available after the release
of this NOFO, FRA may elect to award such additional funds to
applications received under this NOFO.

2. Award Size

    There are no predetermined minimum or maximum dollar thresholds for
awards. FRA anticipates making multiple awards with the available
funding. Given the limited amount of funding currently available, FRA
may not be able to award grants to all eligible applications, nor even
to all applications that meet or exceed the stated evaluation criteria
(see Section E, Application Review Information). Applicants are
encouraged to identify scalable elements such as project components
that have operational independence. (See Section C(3)(c) for more
information.)
    FRA strongly encourages applicants to identify and include other
state, local, public, or private funding or financing to support the
proposed project in order to maximize competitiveness.
    Applicants proposing a Major Capital Project are encouraged to
identify and describe project phases or elements that could be
candidates for subsequent Partnership Program funding, if such funding
becomes available. Applications for a Major Capital Project that would
seek future funds beyond fiscal year 2019 funding made available in
this notice should indicate anticipated annual Federal funding requests
from this program for the expected duration of the project. FRA may
issue Letters of Intent to Partnership Program grantees proposing Major
Capital Projects under 49 U.S.C. 24911(g); such Letters of Intent would
serve to announce the FRA's intention to obligate an amount from future
available budget authority toward a grantee's future project phases or
elements. A Letter of Intent is not an obligation of the Federal
government and is subject to the availability of appropriations for
Partnership Program grants and subject to Federal laws in force or
enacted after the date of the Letter of Intent.

3. Award Type

    FRA will make awards for projects selected under this notice
through grant agreements and/or cooperative agreements. Grant
agreements are used when FRA does not expect to have substantial
Federal involvement in carrying out the funded activity. Cooperative
agreements allow for substantial Federal involvement in carrying out
the agreed upon investment, including technical assistance, review of
interim work products, and increased program oversight under 2 CFR
200.24. The funding provided under this NOFO will be made available to
grantees on a reimbursable basis. Applicants must certify that their
expenditures are allowable, allocable, reasonable, and necessary to the
approved project before seeking reimbursement from FRA. Additionally,
the grantee is expected to expend matching funds at the required
percentage concurrent with Federal funds throughout the life of the
project. See an example of standard terms and conditions for FRA grant
awards at: https://www.fra.dot.gov/eLib/Details/L19057.

4. Concurrent Applications

    DOT and FRA may be concurrently soliciting applications for
transportation infrastructure projects for several financial assistance
programs. Applicants may submit applications requesting funding for a
particular project to one or more of these programs. In the application
for Partnership Program funding under this NOFO, applicants must
indicate the other program(s) to which they submitted or plan to submit
an application for funding the entire project or certain project
components, as well as highlight new or revised information in the
Partnership Program application that differs from the application(s)
submitted for other Federal financial assistance programs.

C. Eligibility Information

    This section of the notice explains applicant eligibility, cost
sharing and matching requirements, project eligibility, and project
component operational independence. Applications that do not meet the
requirements in this section will be ineligible for funding.
Instructions for submitting eligibility information to FRA are detailed
in Section D of this NOFO.

1. Eligible Applicants

    The following entities are eligible applicants for all projects
permitted under this notice:
    (1) A state (including the District of Columbia);
    (2) a group of states;
    (3) an Interstate Compact;
    (4) a public agency or publicly chartered authority established by
one or more states; \2\
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    \2\ See Section D(2)(a)(iv) for supporting documentation
required to demonstrate eligibility under this eligibility category.
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    (5) a political subdivision of a state;
    (6) Amtrak, acting on its own behalf or under a cooperative
agreement with one or more states; or
    (7) any combination of the entities described in (1) through (6).
    Applications must identify a lead applicant. The lead applicant
serves as the primary point of contact for the application, and if
selected, as the recipient of the Partnership Program grant award. To
submit a joint application, the lead applicant must identify the joint
applicant(s) and include a signed statement from an authorized
representative of each joint applicant entity that affirms the entity
joins the application. See Section D(2) for further instructions about
submitting a joint application.
    An application submitted by Amtrak and one or more states must
identify the lead applicant and include a signed cooperative agreement
between Amtrak and the state(s) consistent with 49 U.S.C.
24911(a)(1)(F). Selection preference will be provided for joint
applications, as further discussed in Section E(1)(c). Applications may
reference entities that are not eligible applicants (e.g., private
sector firms) in an application as a project partner. However, FRA will
provide selection preference to joint applications submitted by
multiple eligible applicants.

2. Cost Sharing or Matching

    The Federal share of total costs for a project funded under the
Partnership Program shall not exceed 80 percent, though FRA will
provide selection preference to applications where the proposed Federal
share of total project costs is 50 percent or less. The estimated total
cost of a project must be based on the best available information,
including engineering studies, studies of economic feasibility,
environmental analyses, and information on the expected use of
equipment and facilities. The minimum 20 percent non-Federal share may
be comprised of public sector (e.g., state or local) or private sector
funding. However, FRA will not consider any other Federal grants, nor
any non-Federal funds already expended (or otherwise encumbered), that
do not comply with 2 CFR 200.458, as applicable, toward the matching
requirement.
    FRA is limiting the first 20 percent of the non-Federal match to
cash contributions only. Contributions of specified items or activities
may be accepted for any non-Federal matching beyond the first 20
percent. Such contributions including the donation of services,
materials, and equipment, may be credited as a project cost, in a
uniform manner consistent with 2 CFR 200.306. Moreover, FRA encourages
applicants to broaden their funding table in applications. FRA will
give preference to non-Federal shares consisting of funding from
multiple sources that demonstrate broad

participation and cost sharing from affected stakeholders. If Amtrak is
an applicant, Amtrak may use its ticket and other non-Federal revenues
generated from its operations and other sources to satisfy the non-
Federal share requirements. Applicants must identify the source(s) of
their matching and other funds, and must clearly and distinctly reflect
these funds as part of the total project cost.
    Before applying, applicants should carefully review the principles
for cost sharing or matching in 2 CFR 200.306. FRA will approve pre-
award costs consistent with 2 CFR 200.458. See Section D(6).
Additionally, in preparing estimates of total project costs, applicants
should refer to FRA's cost estimate guidance, ``Capital Cost
Estimating: Guidance for Project Sponsors,'' which is available at:
https://www.fra.dot.gov/Page/P0926.

3. Other

a. Project Eligibility
    Projects eligible for Partnership Program funds include Capital
Projects within the United States to replace or rehabilitate Qualified
Railroad Assets and improve Intercity Passenger Rail performance,
including:
    (1) Capital Projects to replace existing assets in-kind;
    (2) Capital Projects to replace existing assets with assets that
increase capacity or provide a higher level of service;
    (3) Capital Projects to ensure that service can be maintained while
existing assets are brought into a State of Good Repair; and
    (4) Capital Projects to bring existing assets into a State of Good
Repair.
    Qualified Railroad Assets, as further defined in Section A(2), are
owned or controlled by an eligible applicant and may include:
Infrastructure, including track, ballast, switches and interlockings,
bridges, communication and signal systems, power systems, highway-rail
grade crossings, and other railroad infrastructure and support systems
used in intercity passenger rail service; stations, including station
buildings, support systems, signage, and track and platform areas;
equipment, including passenger cars, locomotives, and maintenance-of-
way equipment; and facilities, including yards and terminal areas and
maintenance shops.
    Capital Projects, as further defined in Section A(2), may include
final design; however, final design costs will only be eligible in
conjunction with an award for project construction. Environmental and
related clearances, including all work necessary for FRA to approve the
project under the National Environmental Policy Act (NEPA) and related
statutes and regulations are not eligible for funding under this
notice. (See Section D(2)(a)(ix) for additional information.) Eligible
projects with completed environmental and engineering documents
indicate strong project readiness.
b. Additional Eligibility Requirements for NEC Projects
    This section provides additional eligibility requirements for NEC
Projects. Applicants proposing Non-NEC Projects are not subject to the
requirements in this section, and may proceed to Section C(3)(c).
    In the Partnership Program, grant funds may not be provided to an
eligible recipient for an eligible NEC Project unless Amtrak and the
public authorities providing commuter rail passenger transportation at
the eligible project location on the NEC are in compliance with 49
U.S.C. 24905(c)(2). Applicants must demonstrate compliance with 49
U.S.C. 24905(c)(2) by describing the status of compliance with such
cost-allocation policy between Amtrak and the public authorities
providing commuter rail passenger transportation at the eligible
project location, which may include demonstrating that such authorities
are excepted from allocating costs for the proposed NEC Project,
consistent with 49 U.S.C. 24905(c)(1)(A)(ii). Such providers must
maintain compliance with 49 U.S.C. 24905(c)(2) for the duration of the
project.
c. Project Component Operational Independence
    If an applicant requests funding for a project that is a component
or set of components of a larger project, the project component(s) must
be attainable with the award amount and comply with all eligibility
requirements described in Section C.
    In addition, the component(s) must enable independent analysis and
decision making, as determined by FRA under NEPA (i.e., have
independent utility, connect logical termini, and not restrict the
consideration of alternatives for other reasonably foreseeable rail
projects.) Components must have independent utility for use in the BCA.

D. Application and Submission Information

    Required documents for the application are outlined in the
following paragraphs. Applicants must complete and submit all
components of the application. See Section D(2) for the application
checklist. FRA welcomes the submission of additional relevant
supporting documentation, such as planning, engineering and design
documentation, and letters of support from partnering organizations
that will not count against the Project Narrative page limit.

1. Address To Request Application Package

    Applicants must submit all application materials in their entirety
through www.Grants.gov no later than 5:00 p.m. EDT, on December 9,
2019. FRA reserves the right to modify this deadline. General
information for submitting applications through Grants.gov can be found
at: https://www.fra.dot.gov/Page/P0270.
    For any supporting application materials that an applicant cannot
submit via Grants.gov, such as oversized engineering drawings, an
applicant may submit an original and two (2) copies to Amy Houser,
Office of Program Delivery, Federal Railroad Administration, 1200 New
Jersey Avenue SE, Room W36-412, Washington, DC 20590. However, due to
delays caused by enhanced screening of mail delivered via the U.S.
Postal Service, FRA advises applicants to use other means of conveyance
(such as courier service) to assure timely receipt of materials before
the application deadline. Additionally, if documents can be obtained
online, explaining to FRA how to access files on a referenced website
may also be sufficient.

2. Content and Form of Application Submission

    FRA strongly advises applicants to read this section carefully.
Applicants must submit all required information and components of the
application package to be considered for funding. Additionally,
applicants selected to receive funding must satisfy the requirements in
49 U.S.C. 22905 explained in part at https://www.fra.dot.gov/page/P0185.
    Required documents for an application package are outlined in the
checklist below.
     Project Narrative (see D.2.a).
     Statement of Work (see D.2.b.i).
     Benefit-Cost Analysis (see D.2.b.ii).
     Environmental Compliance Documentation (see D.2.b.iii).
     SF424--Application for Federal Assistance.
     SF 424C--Budget Information for Construction, or, for an
equipment procurement project without any construction costs, or SF
424A--Budget Information for Non-Construction.
     SF 424D--Assurances for Construction, or, for an equipment
procurement project without any

construction costs, or SF 424B--Assurances for Non-Construction.
     FRA's Additional Assurances and Certifications.
     SF LLL--Disclosure of Lobbying Activities.
a. Project Narrative
    This section describes the minimum content required in the Project
Narrative of grant applications. The Project Narrative must follow the
basic outline below to address the program requirements and assist
evaluators in locating relevant information.

I. Cover Page--See D.2.a.i
II. Project Summary--See D.2.a.ii
III. Project Funding--See D.2.a.iii
IV. Applicant Eligibility Criteria--See D.2.a.iv
V. Non-NEC Project Eligibility Criteria--See D.2.a.v
VI. NEC Project Eligibility Criteria--See D.2.a.vi
VII. Detailed Project Description--See D.2.a.vii
VIII. Project Location--See D.2.a.viii
IX. Grade Crossing Information, if applicable--See D.2.a.ix
X. Evaluation and Selection Criteria--See D.2.a.x
XI. Project Implementation and Management--See D.2.a.xi
XII. Environmental Readiness--See D.2.a.xii

    The above content must be provided in a narrative statement
submitted by the applicant. The Project Narrative may not exceed 25
pages in length (excluding cover pages, table of contents, and
supporting documentation). FRA will not review or consider for award
applications with Project Narratives exceeding the 25-page limitation.
If possible, applicants should submit supporting documents via website
links rather than hard copies. If supporting documents are submitted,
applicants must clearly identify the relevant portion of the supporting
document with the page numbers of the cited information in the Project
Narrative. The Project Narrative must adhere to the following outline.
    i. Cover Page: Include a cover page that lists the following
elements in either a table or formatted list:

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                       Project title
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Lead Applicant Organization Name                             ...................................................
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Joint Applicant(s) Organization Name(s), if any              ...................................................
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Amount of Federal Funding Requested Under this NOFO          ...................................................
----------------------------------------------------------------------------------------------------------------
Proposed Non-Federal Match                                   ...................................................
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Total Project Cost                                           ...................................................
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Was a Federal Grant Application Previously Submitted for     Yes/No
 this Project?
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If Yes, State the Name of the Federal Grant Program and      Federal Grant Program:
 Title of the Project in the Previous Application
----------------------------------------------------------------------------------------------------------------
City(-ies), State(s) Where the Project is Located            ...................................................
----------------------------------------------------------------------------------------------------------------
Congressional District(s) Where the Project is Located       ...................................................
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    ii. Project Summary: Provide a brief 4-6 sentence summary of the
proposed project and what the project will entail. Include challenges
the proposed project aims to address, and summarize the intended
outcomes and anticipated benefits that will result from the proposed
project.
    iii. Project Funding: Indicate the amount of Federal funding
requested, the proposed non-Federal match, and total project cost.
Identify the source(s) of matching and other funds, and clearly and
distinctly reflect these funds as part of the total project cost in the
application budget. Also, note if the requested Federal funding under
this NOFO or other programs must be obligated or spent by a certain
date due to dependencies or relationships with other Federal or non-
Federal funding sources, related projects, law, or other factors. If
applicable, provide the type and estimated value of any proposed
contributions, as well as substantiate how the contributions meet the
requirements in 2 CFR 200.306. For a Major Capital Project that would
seek future funds beyond fiscal year 2019 funding made available in
this notice, provide the anticipated annual Federal funding requests
from this grant program for the expected duration of the project.
Finally, specify whether Federal funding for the project has previously
been sought, and identify the Federal program and fiscal year of the
funding request(s), as well as highlight new or revised information in
the Partnership Program application that differs from the
application(s) to other financial assistance programs.
    iv. Applicant Eligibility Criteria: Explain how the lead applicant
and joint applicant(s) meet the applicant eligibility criteria outlined
in Section C of this notice, including references to creation or
enabling legislation for public agencies and publicly chartered
authorities established by one or more states. To submit a joint
application, the lead applicant must identify the joint applicant(s)
and include a signed statement from an authorized representative of
each joint applicant entity that affirms the entity joins the
application. Joint applications are expected to include a description
of the roles and responsibilities of each applicant, including budget
and subrecipient information showing how the applicants will share
project costs.
    v. Non-NEC Project Eligibility Criteria: This section provides
project eligibility requirements for Non-NEC Projects. Applicants
proposing NEC Projects may skip this section and proceed to section
D(2)(a)(vi). For Non-NEC Projects, demonstrate that the proposed
project is a Capital Project that meets the project eligibility
criteria in Section C(3) of this notice. Further, demonstrate that the
infrastructure, equipment and/or facilities involved in the proposed
project are Qualified Railroad Assets under 49 U.S.C. 24911(a)(5), as
follows:
    (A) To demonstrate ownership or control by an eligible applicant
under 49 U.S.C. 24911(a)(5)(A), show either:
    (1) The lead or joint applicant owns or will, at project
completion, have ownership of the infrastructure, equipment, or
facility improved by the project; or
    (2) The lead or joint applicant controls or will, at project
completion, have control over the infrastructure,

equipment, or facility improved by the project including by agreement
with the infrastructure, equipment, or facility owner(s). Applicants
should describe such agreement(s) in sufficient detail in their
application for FRA to understand the extent of the control, including
the lead or joint applicant's management and decision-making authority
regarding the infrastructure, equipment, or facility improved by the
project, and the remaining or anticipated duration of the agreement(s).
Agreements involving railroad rights-of-way should also demonstrate the
lead or joint applicant has train dispatching and maintenance-of-way
responsibilities for the right-of-way.
    (B) To demonstrate the requirements under 49 U.S.C. 24911(a)(5)(B),
show that the infrastructure, equipment, or facilities involved in the
proposed project are contained in a planning document equivalent to the
planning document developed under 49 U.S.C. 24904 and which has a
similar cost-allocation policy to the cost-allocation policy developed
under 49 U.S.C. 24905(c) has been developed.
    Non-NEC Projects may satisfy the equivalent planning document
requirement by demonstrating the project is contained in the planning
document(s) prepared under 49 U.S.C. Chapter 227, ``State Rail Plans,''
for the state(s) where the infrastructure, equipment and facilities are
located or in primary use. Applicants with projects contained in a
State Rail Plan should indicate the location (e.g., table or page
number) where the project is discussed in the document. If a project is
not contained in the State Rail Plan, applicants may demonstrate the
infrastructure, equipment and facilities involved in the proposed
project are contained in an equivalent planning document, or amend the
relevant State Rail Plan(s) to contain the project. Amending a State
Rail Plan requires a letter to FRA from an authorized representative of
the relevant state rail transportation authority adding the proposed
project to the plan and stating that the letter serves as an addendum
to the current plan. Such a letter should include the project name, a
brief description of the project, and estimated project cost and
Federal and non-Federal share by funding source. FRA encourages state
rail transportation authorities to make any such addendum letters
publicly available with their State Rail Plans. FRA recommends such
letters be submitted as part of an applicant's Partnership Program
application via Grants.gov. Whether submitted as part of a Partnership
Program application package or separately to FRA, FRA must receive the
letter by the application due date of this notice.
    Non-NEC Projects must satisfy the similar cost-allocation policy
requirement either by demonstrating the infrastructure, equipment or
facilities involved in the proposed project are for routes subject to
the cost-allocation policy adopted under Section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (PRIIA), Public Law 110-
432, Oct. 16, 2008; or by demonstrating the infrastructure, equipment
or facilities involved in the proposed project are subject to a similar
cost-allocation policy.
    (C) To demonstrate the state of good repair requirement under 49
U.S.C. 24911(a)(5)(B):
    (1) Describe the condition and performance of the infrastructure,
equipment, or facility as of the time of enactment of the Passenger
Rail Reform and Investment Act of 2015 (Dec. 4, 2015);
    (2) indicate how the infrastructure, equipment, or facility's
condition or performance falls short of the definition of ``State of
Good Repair'' in Section A(2); and
    (3) indicate, if known, when the infrastructure, equipment, or
facility last received comprehensive repair, replacement, or
rehabilitation work similar to the applicant's proposed scope of work.
    vi. NEC Project Eligibility Criteria: This section provides project
eligibility requirements for NEC Projects. (Applicants proposing Non-
NEC Projects may skip this section and proceed to Section
D(2)(a)(vii).) For NEC Projects, demonstrate that the proposed project
is a Capital Project that meets the project eligibility criteria in
Section C(3) of this notice including the requirements in 49 U.S.C.
24911(e). Further, demonstrate that the infrastructure, equipment, and/
or facilities involved in the project are Qualified Railroad Assets
under 49 U.S.C. 24911(a)(5), as follows:
    (A) To demonstrate ownership or control by an eligible applicant
under 49 U.S.C. 24911(a)(5)(A), show either:
    (1) The lead or joint applicant owns or will, at project
completion, have ownership of the infrastructure, equipment, or
facility improved by the project; or
    (2) The lead or joint applicant controls or will, at project
completion, have control over the infrastructure, equipment, or
facility improved by the project including by agreement with the
infrastructure, equipment, or facility owner(s). Applicants should
describe such agreement(s) in sufficient detail in their application
for FRA to understand the extent of the control, including the lead or
joint applicant's management and decision-making authority regarding
the infrastructure, equipment, or facility improved by the project, and
the remaining or anticipated duration of the agreement(s). Agreements
involving railroad rights-of-way should also demonstrate the lead or
joint applicant has train dispatching and maintenance-of-way
responsibilities for the right-of-way.
    (B) To demonstrate the requirements under 49 U.S.C. 24911(a)(5)(B),
show that the infrastructure, equipment, or facilities involved in the
proposed project are contained in the planning document developed under
49 U.S.C. 24904 and for which a cost-allocation policy has been
developed under 49 U.S.C. 24905(c), or are contained in an equivalent
planning document and for which a similar cost-allocation policy has
been developed.
    NEC Projects must satisfy the planning document requirement by
demonstrating the project is contained in the current approved planning
document developed under 49 U.S.C. 24904 (i.e., the NEC Commission
Five-Year Capital Investment Plan). Applicants with projects contained
this plan should indicate the location (e.g., table or page number)
where the project in discussed in the document. If an NEC Project is
not contained in the 49 U.S.C. 24904 planning document at the time of
this notice, applicants may demonstrate that the infrastructure,
equipment and facilities involved in the proposed project are contained
in an equivalent planning document, or update the 49 U.S.C. 24904
planning document to contain the project by the due date for
applications under this notice. An equivalent planning document may
include a planning document developed under 49 U.S.C. 24320(c).
    NEC Projects must satisfy the cost-allocation policy requirement by
demonstrating the infrastructure, equipment, or facilities are subject
to the cost-allocation policy developed under 49 U.S.C. 24905(c) (i.e.,
Northeast Corridor Commuter and Intercity Rail Cost Allocation Policy),
or a similar cost-allocation policy.
    (C) To demonstrate the state of good repair requirement under 49
U.S.C. 24911(a)(5)(C), the NEC applicant must:
    (1) Describe the condition and performance of the infrastructure,
equipment, or facility as of the time of enactment of the Passenger
Rail Reform and Investment Act of 2015 (Dec. 4, 2015);
    (2) indicate how the infrastructure, equipment, or facility's
condition or

performance falls short of the definition of State of Good Repair'' in
Section A(2); and
    (3) indicate, if known, when the infrastructure, equipment, or
facility last received comprehensive repair, replacement, or
rehabilitation work similar to the applicant's proposed scope of work.
    vii. Detailed Project Description: Include a detailed project
description that expands upon the brief summary required above. This
detailed description must provide, at a minimum: Additional background
on the challenges the project aims to address; the expected users and
beneficiaries of the project, including all railroad operators; the
specific components and elements of the project; and any other
information the applicant deems necessary to justify the proposed
project. Applicants with Major Capital Projects are encouraged to
identify and describe project phases or elements that would be
candidates for subsequent Partnership Program funding if such funding
becomes available. Include information to demonstrate the project is
reasonably expected to begin construction in a timely manner. For all
projects, applicants must provide information about proposed
performance measures, as described in Section F(3)(c) and required in 2
CFR 200.301.
    viii. Project Location: Include geospatial data for the project, as
well as a map of the project's location. Include the Congressional
districts in which the project will take place.
    ix. Grade Crossing Information, if applicable: For any project that
includes grade crossing components, cite specific DOT National Grade
Crossing Inventory information, including the railroad that owns the
infrastructure (or the crossing owner, if different from the railroad),
the primary railroad operator, the DOT crossing inventory number, and
the roadway at the crossing. Applicants can search for data to meet
this requirement at the following link: http://safetydata.fra.dot.gov/OfficeofSafety/default.aspx.
    x. Evaluation and Selection Criteria: Include a thorough discussion
of how the proposed project meets all of the evaluation and selection
criteria, as outlined in Section E of this notice. If an application
does not sufficiently address the evaluation criteria and the selection
criteria, it is unlikely to be a competitive application.
    xi. Project Implementation and Management: Describe proposed
project implementation and project management arrangements including as
between the lead and joint applicants. Include descriptions of the
expected arrangements for project contracting, contract oversight,
change-order management, risk management, and conformance to Federal
requirements for project progress reporting. Describe past experience
in managing and overseeing similar projects. For Major Capital
Projects, explain plans for a rigorous project management and oversight
approach.
    xii. Environmental Readiness: If the NEPA process is complete,
indicate the date of completion, and provide a website link or other
reference to the final Categorical Exclusion determination, Finding of
No Significant Impact, or Record of Decision, as well as any other NEPA
documents prepared. If the NEPA process is not complete, the
application should detail the type of NEPA review underway, if
applicable, 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 why NEPA
documents have not been updated and include a proposed approach for
verifying and, if necessary, updating this material in accordance with
applicable NEPA requirements. Additional information regarding FRA's
environmental processes and requirements are located at https://www.fra.dot.gov/environment.
b. Additional Application Elements
    Applicants must submit:
    i. A Statement of Work (SOW) addressing the scope, schedule, and
budget for the proposed project if it were selected for award. The SOW
must contain sufficient detail so FRA, and the applicant, can
understand the expected outcomes of the proposed work to be performed
and can monitor progress toward completing project tasks and
deliverables during a prospective grant's period of performance.
Applicants must use FRA's standard SOW, schedule, and budget templates
to be considered for award. The templates are located at https://www.fra.dot.gov/Page/P0325.
    When preparing the budget, the total cost of a project must be
based on the best available information as indicated in cited
references that include engineering studies, economic feasibility
studies, environmental analyses, and information on the expected use of
equipment or facilities. For Major Capital Projects, the SOW must
include annual budget estimates and anticipated Federal funding for the
expected duration of the project.
    ii. A Benefit-Cost Analysis consistent with 49 U.S.C.
24911(d)(2)(A) that demonstrates the merit of investing in the proposed
project. The BCA should include anticipated private and public benefits
relative to the costs of the proposed project, including:
    i. Effects on system and service performance;
    ii. effects on safety, competitiveness, reliability, trip or
transit time, and resilience;
    iii. efficiencies from improved integration with other modes; and
    iv. ability to meet existing or anticipated demand.
    The BCA should be systematic, data driven, and examine the trade-
offs between reasonably expected project costs and benefits. Applicants
are encouraged to include quantifiable railroad data related to the
Qualified Railroad Assets involved in the project, such as information
on delay, failure or safety incidents, passengers carried (e.g.,
ridership), daily train movements, or similar metrics. The complexity
and level of detail in the Benefit-Cost Analysis prepared for the
Partnership Program should reflect the scope and scale of the proposed
project. Please refer to the Benefit-Cost Analysis Guidance for
Discretionary Grant Programs prior to preparing a BCA at https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance. In addition, please also refer to the BCA FAQs
on FRA's website (https://www.fra.dot.gov/grants) for some rail-
specific examples of how to apply the Benefit-Cost Analysis Guidance
for Discretionary Grant Programs to Partnership applications.
    iii. Environmental compliance documentation, if a website link is
not cited in the Project Narrative.
    iv. SF 424--Application for Federal Assistance.
    v. SF 424C--Budget Information for Construction, or, for an
equipment procurement project without any other construction elements,
the SF 424A--Budget Information for Non-Construction.
    vi. SF 424D--Assurances for Construction, or, for an equipment
procurement project without any other construction elements, the SF
424B--Assurances for Non-Construction.
    vii. FRA's Additional Assurances and Certifications.
    viii. An SF LLL--Disclosure of Lobbying Activities.
    Forms needed for the electronic application process are at
www.Grants.gov.

c. Post-Selection Requirements
    See Section F(2) of this notice for post-selection requirements.

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

    To apply for funding through Grants.gov, applicants must be
properly registered in SAM before submitting an application, provide a
valid unique entity identifier in its application, and continue to
maintain an active SAM registration all as described in detail below.
Complete instructions on how to register and submit an application can
be found at www.Grants.gov. Registering with Grants.gov is a one-time
process; however, it can take up to several weeks for first-time
registrants to receive confirmation and a user password. FRA recommends
that applicants start the registration process as early as possible to
prevent delays that may preclude submitting an application package by
the application deadline. Applications will not be accepted after the
due date. Delayed registration is not an acceptable justification for
an application extension.
    FRA may not make a grant award to an applicant until the applicant
has complied with all applicable Data Universal Numbering System (DUNS)
and SAM requirements and if an applicant has not fully complied with
the requirements by the time the Federal awarding agency is ready to
make a Federal award, the Federal awarding agency may determine that
the applicant is not qualified to receive a Federal award and use that
determination as a basis for making a Federal award to another
applicant. (Please note that if a Dun & Bradstreet DUNS number must be
obtained or renewed, this may take a significant amount of time to
complete.) Late applications that are the result of a failure to
register or comply with Grants.gov applicant requirements in a timely
manner will not be considered. If an applicant has not fully complied
with the requirements by the submission deadline, the application will
not be considered. To submit an application through Grants.gov,
applicants must:
a. Obtain a DUNS Number
    A DUNS number is required for Grants.gov registration. The Office
of Management and Budget requires that all businesses and nonprofit
applicants for Federal funds include a DUNS number in their
applications for a new award or renewal of an existing award. A DUNS
number is a unique nine-digit sequence recognized as the universal
standard for the government in identifying and keeping track of
entities receiving Federal funds. The identifier is used for tracking
purposes and to validate address and point of contact information for
Federal assistance applicants, recipients, and subrecipients. The DUNS
number will be used throughout the grant life cycle. Obtaining a DUNS
number is a free, one-time activity. Applicants may obtain a DUNS
number by calling 1-866-705-5711 or by applying online at http://www.dnb.com/us.
b. Register With the SAM at www.SAM.gov
    All applicants for Federal financial assistance must maintain
current registrations in the SAM database. An applicant must be
registered in SAM to successfully register in Grants.gov. The SAM
database is the repository for standard information about Federal
financial assistance applicants, recipients, and subrecipients.
Organizations that have previously submitted applications via
Grants.gov are already registered with SAM, as it is a requirement for
Grants.gov registration. Please note, however, that applicants must
update or renew their SAM registration at least once per year to
maintain an active status. Therefore, it is critical to check
registration status well in advance of the application deadline. If an
applicant is selected for an award, the applicant must maintain an
active SAM registration with current information throughout the period
of the award. Information about SAM registration procedures is
available at www.sam.gov.
c. Create a Grants.gov Username and Password
    Applicants must complete an Authorized Organization Representative
(AOR) profile on www.Grants.gov and create a username and password.
Applicants must use the organization's DUNS number to complete this
step. Additional information about the registration process is
available at: https://www.grants.gov/web/grants/applicants/organization-registration.html.
d. Acquire Authorization for Your AOR From the E-Business Point of
Contact (E-Biz POC)
    The E-Biz POC at the applicant's organization must respond to the
registration email from Grants.gov and login at www.Grants.gov to
authorize the applicant as the AOR. Please note there can be more than
one AOR for an organization.
e. Submit an Application Addressing All Requirements Outlined in This
NOFO
    If an applicant experiences difficulties at any point during this
process, please call the Grants.gov Customer Center Hotline at 1-800-
518-4726, 24 hours a day, 7 days a week (closed on Federal holidays).
For information and instructions on each of these processes, please see
instructions at: http://www.grants.gov/web/grants/applicants/apply-for-grants.html.
    Note: Please use generally accepted formats such as .pdf, .doc,
.docx, .xls, .xlsx and .ppt, when uploading attachments. While
applicants may embed picture files, such as .jpg, .gif, and .bmp, in
document files, applicants should not submit attachments in these
formats. Additionally, the following formats will not be accepted:
.com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora,
.sys, and .zip.

4. Submission Dates and Times

    Applicants must submit complete applications to www.Grants.gov no
later than 5:00 p.m. EDT, December 9, 2019. Applicants will receive a
system-generated acknowledgement of receipt. FRA reviews www.Grants.gov
information on dates/times of applications submitted to determine
timeliness of submissions. Delayed registration is not an acceptable
reason for late submission. In order to apply for funding under this
announcement, all applicants are expected to be registered as an
organization with Grants.gov. Applicants are strongly encouraged to
apply early to ensure all materials are received before this deadline.
    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 Grants.gov 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
the instructions in this NOFO; and (4) technical issues experienced
with the applicant's computer or information technology environment.

5. Intergovernmental Review

    Executive Order 12372 requires applicants from state and local
units of government or other organizations providing services within a
state to submit a copy of the application to the State Single Point of
Contact (SPOC), if one exists, and if this program has been selected
for review by the state. Applicants must contact their State

SPOC to determine if the program has been selected for state review.

6. Funding Restrictions

    FRA will not fund any preliminary engineering, environmental work,
or related clearances under this NOFO. FRA will only consider funding a
project's final design activities if the applicant is also seeking
funding for construction activities. FRA will only approve pre-award
costs if such costs are incurred pursuant to the negotiation and in
anticipation of the grant agreement and if such costs are necessary for
efficient and timely performance of the scope of work consistent with 2
CFR 200.458. Under 2 CFR 200.458, grant recipients must seek written
approval from FRA for pre-award activities to be eligible for
reimbursement under the grant. Activities initiated prior to the
execution of a grant or without FRA's written approval may not be
eligible for reimbursement or included as a grantee's matching
contribution.
    FRA is prohibited under 49 U.S.C. 22905(f) \3\ from providing
Partnership Program grants for Commuter Rail Passenger Transportation.
FRA's interpretation of this provision is informed by the language in
49 U.S.C. 24911, and specifically the definitions of capital project in
49 U.S.C. 24911(a)(2)(A) and (B). FRA's primary intent in funding
Partnership Program projects is to make reasonable investments in
Capital Projects used in Intercity Rail Passenger Transportation. Such
projects may be located on shared corridors where Commuter Rail
Passenger Transportation also benefits from the project.
---------------------------------------------------------------------------

    \3\ Under 49 U.S.C. 24911(i), Partnership grants are subject to
the conditions in 49 U.S.C. 22905.
---------------------------------------------------------------------------

7. Other Submission Requirements

    If an applicant experiences difficulties at any point during this
process, please call the Grants.gov Customer Center Hotline at 1-800-
518-4726, 24 hours a day, 7 days a week (closed on Federal holidays).
For information and instructions on each of these processes, please see
instructions at: http://www.grants.gov/web/grants/applicants/apply-for-grants.html. See section D.1 of this NOFO for information on where
applications must be submitted.

E. Application Review Information

1. Criteria
Eligibility and Completeness Review
    FRA will first screen each application for applicant and project
eligibility (eligibility requirements are outlined in Section C of this
notice), completeness (application documentation and submission
requirements are outlined in Section D of this notice), and the 20
percent minimum non-Federal match in determining whether the
application is eligible.
Evaluation Criteria
    FRA subject-matter experts will evaluate all eligible and complete
applications against the following evaluation criteria:
    i. Technical Merit: FRA will to take into account--
    (A) The degree to which the tasks and subtasks outlined in the SOW
are appropriate to achieve the expected outcomes of the proposed
project;
    (B) The technical qualifications and demonstrated experience of key
personnel proposed to lead and perform the technical efforts, and the
qualifications of the primary and supporting organizations to fully and
successfully execute the proposed project within the proposed timeframe
and budget;
    (C) The degree to which the proposed project's business plan
considers potential private sector participation in the financing,
construction, or operation of the proposed project;
    (D) Whether the applicant has, or will have, the legal, financial,
and technical capacity to carry out the project; satisfactory
continuing control over the use of the equipment or facilities; and the
capability and willingness to maintain the equipment or facilities;
    (E) The applicant's past performance in developing and delivering
similar projects, and previous financial contributions;
    (F) Whether the project has completed necessary pre-construction
activities and indicates strong project readiness; and
    (G) Whether the project is consistent with planning guidance and
documents set forth by the Secretary of Transportation or required by
law.
    ii. Project Benefits: FRA will take into account the benefit-cost
analysis of the proposed project, including anticipated private and
public benefits relative to the costs of the proposed project
including--
    (A) Effects on system and service performance;
    (B) Effects on safety, competitiveness, reliability, trip or
transit time, and resilience;
    (C) Efficiencies from improved integration with other modes; and
    (D) Ability to meet existing or anticipated demand.
Selection Criteria
    In addition to the eligibility and completeness review and the
evaluation criteria outlined in this section, the FRA Administrator (or
his designee), in consultation with a Senior Review Team that includes
senior leadership from the Office of the Secretary and FRA, will apply
the selection criteria:
    i. FRA will give preference to eligible projects for which:
    (A) Amtrak is not the sole applicant;
    (B) Applications were submitted jointly by multiple eligible
applicants; and
    (C) The proposed Federal share of total project costs does not
exceed 50 percent.
    ii. After applying the above preferences, FRA will take in account
the following key Departmental priorities:
    (A) Supporting economic vitality at the national and regional
level;
    (B) Leveraging Federal funding to attract other, non-Federal
sources of infrastructure investment;
    (C) Preparing for future operations and maintenance costs
associated with a project's life-cycle, as demonstrated by a credible
plan to maintain assets without having to rely on future Federal
funding;
    (D) Using innovative approaches to improve safety and expedite
project delivery;
    (E) Holding grant recipients accountable for grant performance and
achieving specific, measurable outcomes identified by grant applicants;
    (F) Proposed non-Federal share is comprised of more than one
source, including private sources, demonstrating broad participation by
affected stakeholders; and
    (G) Applications indicate strong project readiness.
    iii. For NEC Projects, FRA will consider the appropriate sequence
and phasing of projects as contained in the Northeast Corridor capital
investment plan developed pursuant to 49 U.S.C. 24904(a).
    iv. In determining the allocation of program funds, FRA may also
consider geographic diversity, diversity in the size of the systems
receiving funding, the applicant's receipt of other competitive awards,
projects located in or that support transportation service in a
qualified opportunity zone designated pursuant to 26 U.S.C. 1400Z-1,
and the percentage of non-Federal share provided and whether such non-
Federal share is provided by multiple sources.

2. Review and Selection Process

    FRA will conduct a three-part application review process, as
follows:

    a. Screen applications for completeness and eligibility;
    b. Evaluate eligible applications (completed by technical panels
applying the evaluation criteria); and
    c. Select projects for funding (completed by the FRA Administrator
or his designee) applying the selection criteria in consultation with
the Senior Review Team.

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 (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 applicant's 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.

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. 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. A formal grant agreement signed by both the grantee and the
FRA, including an approved scope, schedule, and budget, is required
before the award is considered complete. See an example of standard
terms and conditions for FRA grant awards at https://www.fra.dot.gov/eLib/details/L05285.

2. Administrative and National Policy Requirements

    In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, recipients of funds
must comply with all applicable requirements of Federal law, including,
without limitation, the Constitution of the United States; the
conditions of performance, nondiscrimination requirements, and other
assurances made applicable to the award of funds in accordance with
regulations of the DOT; and applicable Federal financial assistance and
contracting principles promulgated by the Office of Management and
Budget. In complying with these requirements, recipients, in
particular, must ensure that no concession agreements are denied or
other contracting decisions made on the basis of speech or other
activities protected by the First Amendment. If the DOT determines that
a recipient has failed to comply with applicable Federal requirements,
the DOT may terminate the award of funds and disallow previously
incurred costs, requiring the recipient to reimburse any expended award
funds.
    Examples of administrative and national policy requirements
include: 2 CFR part 200; procurement standards; compliance with Federal
civil rights laws and regulations; disadvantaged business enterprises;
debarment and suspension; drug-free workplace; FRA's and OMB's
Assurances and Certifications; Americans with Disabilities Act; safety
requirements; NEPA; environmental justice and the grant conditions in
49 U.S.C. 22905 including the Buy America requirements, the provision
deeming operators rail carriers and employers for certain purposes,
grantee agreements with railroad right-of-way owners for projects using
railroad rights-of-way, and compliance with 49 U.S.C. 24905(c)(2) for
the duration of NEC Projects.
    See an example of standard terms and conditions for FRA grant
awards at https://www.fra.dot.gov/eLib/details/L05285.

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.
    The applicant must comply with all relevant requirements of 2 CFR
part 200.
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. See an example
of standard terms and conditions for FRA grant awards at: https://www.fra.dot.gov/eLib/details/L05285.
    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 XII--Award Term and Condition for Recipient
Integrity and Performance Matters.
c. Performance Reporting
    Each applicant selected for funding must collect information and
report on the project's performance using measures mutually agreed upon
by FRA and the grantee to assess progress in achieving strategic goals
and objectives. Examples of some rail performance measures are listed
in the table below. The applicable measure(s) will depend upon the type
of project. Applicants requesting funding for rolling stock must
integrate at least one equipment/rolling stock performance measure,
consistent with the grantee's application materials and program goals.

                                                                   Performance Measure
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Primary strategic     Secondary strategic
           Rail measures                Unit  measured            Temporal                 goal                  goal                 Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow Order Miles..................  Miles................  Annual...............  State of Good Repair.  Safety..............  The number of miles per
                                                                                year within the project
                                                                                area that have temporary
                                                                                speed restrictions
                                                                                (``slow orders'')
                                                                                imposed due to track
                                                                                condition. This is an
                                                                                indicator of the overall
                                                                                condition of track. This
                                                                                measure can be used for
                                                                                projects to rehabilitate
                                                                                sections of a rail line
                                                                                since the rehabilitation
                                                                                should eliminate, or at
                                                                                least reduce the slow
                                                                                orders upon project
                                                                                completion.
Rail Track Grade Separation.......  Count................  Annual...............  Economic               Safety..............  The number of annual
                                                                                Competitiveness.                             automobile crossings
                                                                                that are eliminated at
                                                                                an at-grade crossing as
                                                                                a result of a new grade
                                                                                separation.
Passenger Counts..................  Count................  Annual...............  Economic               State of Good Repair  Count of the annual
                                                                                Competitiveness.                             passenger boardings and
                                                                                alightings at stations
                                                                                within the project area.
Travel Time.......................  Time/Trip............  Annual...............  Economic               Quality of Life.....  Point-to-point travel
                                                                                Competitiveness.                             times between pre-
                                                                                determined station stops
                                                                                within the project area.
                                                                                This measure
                                                                                demonstrates how track
                                                                                improvements and other
                                                                                upgrades improve
                                                                                operations on a rail
                                                                                line. It also helps make
                                                                                sure the railroad is
                                                                                maintaining the line
                                                                                after project
                                                                                completion.
Track Miles.......................  Miles................  One Time.............  State of Good Repair.  Economic              The number of track miles
                                                                                Competitiveness.      that exist within the
                                                                                project area. This
                                                                                measure can be
                                                                                beneficial for projects
                                                                                building sidings or
                                                                                sections of additional
                                                                                main line track on a
                                                                                railroad.
--------------------------------------------------------------------------------------------------------------------------------------------------------

G. Federal Awarding Agency Contacts

    For further project or program-related information in this notice,
please contact Mr. Bryan Rodda, Office of Policy and Planning, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Room W38-203,
Washington, DC 20590; email<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.
Grant application submission and processing questions should be
addressed to Ms. Amy Houser, Office of Program Delivery, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Room W36-412,
Washington, DC 20590; email<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

H. Other 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.
    FRA protects such information from disclosure consistent with
applicable law. In the event FRA receives a Freedom of Information Act
(FOIA) request for the information, FRA 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 in Washington, DC.
Ronald L. Batory,
Administrator.
[FR Doc. 2019-21866 Filed 10-7-19; 8:45 am]
BILLING CODE 4910-06-P