[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Notices]
[Pages 57935-57941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23535]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Funding Opportunity for Magnetic Levitation Deployment 
Projects

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

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

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SUMMARY: This notice details the application requirements and 
procedures to obtain grant \1\ funding for eligible projects under the 
Magnetic Levitation Technology Deployment Program (Maglev Grants 
Program). Maglev Grants Program funding under this notice is provided 
by two sources, totaling $24,027,500. This funding includes $10,000,000 
(2019 Funds) as appropriated by the Consolidated Appropriations Act, 
2019, (2019 Appropriation) and an additional $14,027,500 (2008 Funds) 
as authorized by sections 1101(a)(18) and 1307 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users SAFETEA-LU, (SAFETEA-LU), as amended by the SAFETEA-LU 
Technical Corrections Act of 2008, (Technical Corrections Act). There 
are differing requirements for each of these funding sources as 
described in this notice. The opportunities described in this notice 
are made available under Catalog of Federal Domestic Assistance (CFDA) 
number 20.318, ``Maglev Project Selection Program--SAFETEA-LU.''
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    \1\ The term ``grant'' is used throughout this document and is 
intended to reference funding awarded through a grant agreement, as 
well as funding awarded through a cooperative agreement.

DATES: Applications for funding under this solicitation are due no 
later than 5:00 p.m. EDT November 29, 2019. Applications for funding, 
or supplemental material in support of an application, received after 
5:00 p.m. EDT on November 29, 2019 will not be considered for funding. 
Incomplete applications will not be considered for funding. See section 
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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, 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 information regarding the 
Maglev Grants Program, please contact Ruthie Americus, Office of Policy 
and Planning, Federal Railroad Administration, 1200 New Jersey Avenue 
SE, Room W36-403, Washington, DC 20590; email: [email protected]; 
phone: 202-493-0431. Grant application submission and processing 
questions should be addressed to Amy Houser, Office of Program 
Delivery, Federal Railroad Administration, 1200 New Jersey Avenue SE, 
Room W36-412, Washington, DC 20590; email: [email protected]; phone: 
202-493-0303.

SUPPLEMENTARY INFORMATION: 
    Notice to applicants: FRA recommends that applicants read this 
notice in its entirety prior to preparing application materials. 
Definitions of key terms used throughout the NOFO are provided in 
section A(2) below. These key terms are capitalized throughout the 
NOFO. There are several administrative prerequisites and eligibility 
requirements described herein that applicants must comply with. 
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

    Under this NOFO, a total of $24,027,500 is available for eligible 
capital project costs and preconstruction planning activities for 
eligible Maglev projects as discussed further in section C(3). The 
$24,027,500 is composed of funding from two sources, $14,027,500 in 
2008 Funds and $10,000,000 in 2019 Funds.
    Section 102 of the Technical Corrections Act amended sections 
1101(a)(18) and 1307 of SAFETEA-LU and provided $45,000,000 in contract 
authority for each of fiscal years 2008 and 2009 for Maglev 
projects.\2\ Based upon the clear Congressional direction in the 
Technical Corrections Act, the $14,027,500 remaining for award and 
available under this NOFO is for the Pittsburgh, Baltimore-Washington, 
and Atlanta-Chattanooga projects only.
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    \2\ SAFETEA-LU allocated 50 percent of the available funding to 
a project between Las Vegas-Primm, NV and the other 50 percent to a 
project east of the Mississippi River. In the Joint Explanatory 
Statement of the House Transportation and Infrastructure Committee 
and the Senate Environmental and Public Works; Banking, Housing and 
Urban Affairs; and Commerce, Science and Transportation Committees 
accompanying the Technical Corrections Act, Congress explained that 
in amending SAFETEA-LU to allow FRA discretion to award funds to 
``projects'' located east of the Mississippi River, ``the intent is 
to limit the eligible projects to three existing projects east of 
the Mississippi River: Pittsburgh, Baltimore-Washington, and 
Atlanta-Chattanooga.'' Congress repurposed the funds originally 
allocated to the Las Vegas-Primm, NV project in the Consolidated 
Appropriations Act, 2014, Div. L, Tit. I, Sec. 192, Public Law 113-
76, (2014), for new intercity passenger rail capital, railroad 
safety technology, and corridor planning projects. This funding was 
competed in 2014 and awarded in 2015.
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    In the 2019 Appropriation, Congress appropriated an additional 
$10,000,000 for the deployment of magnetic levitation transportation 
projects, consistent with the language in section 1307(a) through (c) 
of SAFETEA-LU, as amended by section 102 of the Technical Corrections 
Act. The 2019 Funds are not limited to the above three projects and are 
available to any otherwise eligible Maglev project.
    To reiterate, only the Pittsburgh, Baltimore-Washington, and 
Atlanta-Chattanooga projects are eligible for the full $24,027,500 
available under this notice from the remaining 2008 Funds ($14,027,500) 
and the 2019 Funds ($10,000,000). Applicants with otherwise eligible 
Maglev projects may apply only for the $10,000,000 in 2019 Funds 
available under this notice.

2. Definitions of Key Terms

    a. ``Full Project Cost'' means the total capital costs of a Maglev 
project

[[Page 57936]]

including eligible project costs and the cost of stations, vehicles and 
equipment.
    b. ``Magnetic Levitation'' or ``Maglev'' means transportation 
systems employing magnetic levitation that would be capable of safe use 
by the public at a speed in excess of 240 miles per hour.
    c. ``National Environmental Policy Act (NEPA)'' is a Federal law 
that requires Federal agencies to analyze the environmental impacts of 
a proposed action, in consultation with appropriate Federal, State, and 
local authorities, and with the public. The NEPA class of action 
depends on the nature of the proposed action, its complexity, and the 
potential impacts. For purposes of this NOFO, NEPA also includes all 
related Federal laws and regulations including: The Clean Air Act, 
section 4(f) of the Department of Transportation Act, section 7 of the 
Endangered Species Act, and section 106 of the National Historic 
Preservation Act. Additional information regarding FRA's environmental 
processes and requirements are located at https://www.fra.dot.gov/environment.
    d. ``State'' has the meaning such term has under 23 U.S.C. 101(a).

B. Federal Award Information

1. Available Award Amount

    FRA will make up to $24,027,500 in funding available under this 
notice, composed of $14,027,500 in 2008 Funds and $10,000,000 in 2019 
Funds. Should additional Maglev 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, and FRA may choose to select one or more eligible projects for 
funding. FRA may not award grants to all eligible applications, or even 
those applications that meet or exceed the stated evaluation criteria 
(see section E, Application Review Information).
    FRA may award less than the amount of funding requested by the 
applicant based on considerations such as individual project scope and 
total available funding. In such cases, applicants must be able to 
demonstrate the proposed projects are still viable and can be completed 
with the amount awarded.
    FRA strongly encourages applicants to identify and include other 
State, local, public, or private funding or financing to support the 
proposed project to maximize competitiveness.

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. 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/L05285.

C. Eligibility Information

    This section of the notice explains applicant eligibility, cost 
sharing and matching requirements, and project eligibility. 
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

    Applicants must be a State, States, or an authority designated by 
one or more States.\3\ If the proposed Maglev service would operate in 
more than one State, a single State or designated State authority 
should apply on behalf of all participating States. FRA encourages 
States to submit applications through their respective Departments of 
Transportation. Eligible applicants may reference entities that are not 
eligible applicants in an application as a project partner.
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    \3\ See section D(2)(a)(iv) for supporting documentation 
required to demonstrate eligibility under this eligibility category.
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2. Cost Sharing or Matching

    The Federal share of Full Project Costs will not exceed 80 percent. 
The funds available under this NOFO are available only for eligible 
project costs of eligible Maglev projects. As a result, under this NOFO 
the Federal share of the estimated total eligible project costs will 
not exceed 80 percent. 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/or facilities. 
Additionally, in preparing estimates of total project costs, applicants 
should refer to FRA's cost estimate guidance documentation, ``Capital 
Cost Estimating: Guidance for Project Sponsors,'' which is available 
at: https://www.fra.dot.gov/Page/P0926.
    The minimum 20 percent non-Federal match may be composed of public 
sector (e.g., State or local) and/or private sector funding. FRA will 
not consider any Federal financial assistance, nor any non-Federal 
funds already expended (or otherwise encumbered) that do not comply 
with 2 CFR 200.458 toward the matching requirement. FRA is limiting the 
first 20 percent of the non-Federal match to cash contributions only. 
Eligible in-kind contributions may be accepted for any non-Federal 
matching beyond the first 20 percent. In-kind 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 applications proposing non-
Federal share exceeding the minimum 20 percent and consisting of 
funding from multiple sources to demonstrate broad participation and 
cost sharing from affected stakeholders.
    Before applying, applicants should carefully review the principles 
for cost sharing or matching in 2 CFR 200.306. See section D(2)(a)(iii) 
for required application information on non-Federal match and section E 
for further discussion of FRA's consideration of matching funds in the 
review and selection process. FRA will approve pre-award costs 
consistent with 2 CFR 200.458. See section D(6).

3. Project Eligibility

    Funding under this NOFO is available for eligible project costs for 
eligible Maglev projects. Eligible project costs are: (1) The capital 
cost of the fixed guideway infrastructure of a Maglev project including 
land, piers, guideways, propulsion equipment and other components 
attached to guideways, power distribution facilities (including 
substations), control and communications facilities, access roads, and 
storage, repair, and maintenance facilities and (2) preconstruction 
planning activities. Eligible project costs exclude new stations and 
rolling stock,

[[Page 57937]]

as well as costs incurred solely for land acquisition pursuant to 
securing operation right-of-way.
    Eligible Maglev projects must: (1) Involve a segment or segments of 
a high-speed ground transportation corridor; (2) result in an operating 
transportation facility that provides a revenue producing service; (3) 
be approved by the Secretary based on an application submitted to the 
Secretary of Transportation by a State or authority designated by one 
or more States, and (4) for 2008 Funds, be an existing Maglev project 
in Pittsburgh, Baltimore-Washington, or Atlanta-Chattanooga. With 
respect to the second criterion, Congress titled section 1307 of 
SAFETEA-LU ``Deployment of Magnetic Levitation Transportation 
Projects'' and provided funding through section 1101(a)(18) of SAFETEA-
LU, as amended by the Technical Corrections Act, for the ``deployment 
of magnetic levitation projects.'' Congress also provided funding 
through the 2019 Appropriation for the ``deployment of magnetic 
levitation projects.'' FRA interprets this language as evidencing a 
Congressional intent that the Federal funds be used to directly advance 
and result in the construction of a Maglev project.
    Funding under this NOFO may not be used for costs that are included 
in, or used to meet cost sharing or matching requirements of, any other 
Federally-financed award or program. If the applicant is seeking 
additional funding for a project that has already received Federal 
financial assistance, costs associated with the scope of work for the 
existing Federal award are not eligible for funding under this NOFO. 
Only new scope (e.g., new deliverables) is eligible for funding under 
this NOFO.

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 other relevant supporting 
documentation that may have been developed by the applicant (planning, 
environmental documentation, engineering and design documentation, 
letters of support, etc.) that will not count against the Project 
Narrative 25-page limit.

1. Address To Request Application Package

    Applicants must submit all application materials in their entirety 
through http://www.Grants.gov no later than 5:00 p.m. EDT, on November 
29, 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, 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, providing instructions to FRA on 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.
    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)
 SF424--Application for Federal Assistance
 Either: SF 424A--Budget Information for Non-Construction 
projects or SF 424C--Budget Information for Construction
 Either: SF 424B--Assurances for Non-Construction projects or 
SF 424D--Assurances for 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 the grant application. 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 Summary............  See D.2.a.iii
IV. Applicant Eligibility Criteria......  See D.2.a.iv
V. Project Eligibility Criteria.........  See D.2.a.v
VI. Detailed Project Description........  See D.2.a.vi
VII. Project Location...................  See D.2.a.vii
VIII. Evaluation and Selection Criteria.  See D.2.a.viii
IX. Project Implementation and            See D.2.a.ix
 Management.
X. Planning Readiness...................  See D.2.a.x
XI. Environmental Readiness.............  See D.2.a.xi
 

    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 Project 
Narratives beyond 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 page number of the relevant portion of the supporting 
documentation 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:

Project Title
Applicant
The amount of Federal funding requested
The amount of non-Federal match
The total project cost
City(ies), State(s) where the project is located
Congressional district(s) where the project is located

    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 Summary: Indicate in table format the amount 
of Federal funding requested, the proposed non-Federal match, and total 
project cost. Identify the source(s) of matching funds, including 
whether the match is provided from public- vs. private-sector sources, 
and clearly and distinctly reflect these funds as part of the total 
project costs in the application budget. Additionally, identify any 
other sources of Federal funds committed to the project and any pending 
Federal requests. Also, note if the requested Federal funding 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. Include funding commitment 
letters outlining funding agreements, as attachments or in an appendix. 
If applicable, provide the type and estimated value of any proposed in-
kind contributions, and demonstrate how the

[[Page 57938]]

in-kind contributions meet the requirements in 2 CFR 200.306.

                      Example Project Funding Table
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                   Task name/project                      Percentage of
     Task No.          component            Cost           total cost
------------------------------------------------------------------------
1
------------------------------------------------------------------------
2
------------------------------------------------------------------------
Total Project Cost
------------------------------------------------------------------------
Federal Funds Received from Previous
 Grants
------------------------------------------------------------------------
Maglev Federal Funding Request
------------------------------------------------------------------------
Non-Federal Funding/Match             Cash:
                  ------------------------------------------------------
                                      In-Kind:
------------------------------------------------------------------------
Portion of Non-Federal Funding from
 the Private Sector
------------------------------------------------------------------------
Portion of Non-Federal Funding from
 the Public Sector
------------------------------------------------------------------------
Pending Federal Funding Requests
------------------------------------------------------------------------

    iv. Applicant Eligibility Criteria: Explain how the applicant meets 
the applicant eligibility criteria outlined in section C(1) of this 
notice. For authorities designated by one or more States, the 
explanation must include citations to the applicable enabling 
legislation.
    v. Project Eligibility Criteria: Explain how the project meets the 
project eligibility criteria in section C(3) of this notice.
    vi. Detailed Project Description: Include a detailed project 
description that expands upon the summary required above. This detailed 
description should provide, at a minimum: Additional background on the 
transportation challenges the project aims to address, the expected 
users, beneficiaries, and outcomes of the project, and any other 
information the applicant deems necessary to justify the proposed 
project. Be specific regarding the relevance or relationship of the 
proposed project to other investments in the region along the corridor, 
as well as the operating changes that are anticipated to result from 
the introduction and integration of Maglev services within existing 
transportation corridors and assess the major risks (including safety 
risks) or obstacles to Maglev's successful deployment and operation. 
Provide a detailed summary of all work completed to date, including any 
preliminary engineering work, the project's previous accomplishments 
and funding history including Federal financial assistance, and a 
chronology of key documents produced and funding events (e.g., grants 
and financing). An applicant should specify whether it is seeking 
funding for a project that has already received Federal financial 
assistance, and if applicable, explain how the new scope proposed to be 
funded under this NOFO relates to the previous scope.
    vii. 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.
    viii. Evaluation and Selection Criteria: Include a thorough 
discussion of how the proposed project meets all 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. 
For the life-cycle cost selection criteria, applicants should 
demonstrate a credible plan to maintain their asset without having to 
rely on Federal funding including a description of the applicants' 
approach to ensuring operations and maintenance will not be underfunded 
in future years.
    ix. Project Implementation and Management: Describe proposed 
project implementation and project management arrangements for the full 
Maglev corridor project, including the activities proposed in this 
application. 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 (see https://www.fra.dot.gov/Page/P0274). Identify 
key personnel involved in the implementation and management of the 
project, and describe their qualifications and functional 
responsibilities associated with the project. Describe experience in 
managing and overseeing similar projects.
    x. Planning Readiness: Provide information about the planning 
process that analyzed the investment needs and service objectives of 
the project. If applicable, cite sources of this information from a 
service development plan, State or regional rail plan, or similar 
planning document where the project has been identified for solving a 
specific existing transportation problem, and makes the case for 
investing in the proposed solution. Describe the plan to finance any 
planning, land acquisition, buildout, testing, and implementation of 
the project, and specify long term financial plans to own, operate and 
maintain Maglev services.
    xi. Environmental Readiness: Describe anticipated environmental or 
historic preservation impacts associated with the proposed project, any 
environmental or historic preservation analyses that have been 
prepared, and any ongoing progress toward completing environmental 
documentation or clearance required for the proposed project under NEPA 
as defined in this NOFO. Provide, as available, a schedule to complete 
these actions. Applicants are encouraged to contact FRA and obtain 
preliminary direction regarding the appropriate NEPA class of action 
and required environmental documentation. Generally, projects will be 
ineligible to receive funding if they have begun construction 
activities prior to the applicant/grantee receiving written approval 
from FRA that all

[[Page 57939]]

environmental and historical analyses have been completed.
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, studies of economic feasibility, 
environmental analyses, and information on the expected use of 
equipment or facilities
ii. SF424--Application for Federal Assistance
iii. Either: SF 424A--Budget Information for Non-Construction projects 
or SF 424C--Budget Information for Construction
iv. Either: SF 424B--Assurances for Non-Construction projects or SF 
424D--Assurances for Construction
v. FRA's Additional Assurances and Certifications; and
vi. 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, 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 sub-recipients. 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

[[Page 57940]]

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 in their entirety to 
www.Grants.gov no later than 5:00 p.m. EDT, November 29, 2019. FRA 
reviews www.Grants.gov information on dates/times of applications 
submitted to determine timeliness of submissions. Late applications 
will be neither reviewed nor considered. Delayed registration is not an 
acceptable reason for late submission. Applicants are strongly 
encouraged to apply early to ensure that 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 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 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

    Consistent with 2 CFR 200.458, 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. Under 2 CFR 
200.458, grant recipients must seek written approval from the FRA for 
pre-award activities to be eligible for reimbursement under the grant. 
Activities initiated prior to the execution of a grant or without 
written approval may not be eligible for reimbursement or included as a 
grantee's matching contribution.
    As stated in section C(3), funding under this NOFO is not available 
for costs incurred for new stations, rolling stock, or solely for land 
acquisition (even acquisition to secure operational right-of-way). 
Further, funding under this NOFO may not be used for costs that are 
included as a cost or used to meet cost sharing or matching 
requirements of any other Federally financed project or program.

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.

E. Application Review Information

1. Criteria

a. Eligibility and Completeness Review
    FRA will first screen each application for 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 match.
b. Evaluation Criteria
    FRA subject-matter experts will evaluate all eligible and complete 
applications against the following evaluation criteria:
    i. The extent to which the project would feasibly integrate Maglev 
systems with conventional rail systems, such as establishing efficient 
connections and transfers.
    ii. The extent to which funds awarded under this section would 
result in investments that are beneficial not only to the Maglev 
project, but also to other current or near-term transportation 
projects.
    iii. The degree to which the project demonstrates: (a) The 
potential for public-private partnerships and (b) that the project will 
stand alone as a complete, self-sustaining operation where fully 
allocated operating expenses of the Maglev service are projected to be 
offset by revenues attributable to the service.
    iv. The extent of the demonstrated financial commitment to the 
construction of the proposed project from both non-Federal public and 
private sources.
    v. The extent to which the project demonstrates coordination and 
consistency with any applicable ongoing or completed environmental and 
planning studies for passenger rail on or connecting to the geographic 
route segment being proposed for Maglev investment.
    vi. The degree to which the project will successfully operate in 
the variety of Maglev operating conditions which are to be expected in 
the United States. For example, these conditions might include a 
variety of at-grade, elevated and depressed guideway structures, 
extreme temperatures, and intermodal connections at terminals.
    vii. The feasibility of the project meeting a top speed of at least 
240 miles per hour (MPH). FRA will also consider the ability to meet 
higher speeds as well as the duration that speeds of at least 240 MPH 
can be attained.
c. Selection Criteria
    In addition to the eligibility and completeness review and the 
evaluation criteria outlined in this section, the FRA Administrator (or 
his designee) will determine the final selection of projects for 
program funding.
    i. FRA will take into account the following key Departmental 
objectives:
    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 the 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; and,
    e. Holding grant recipients accountable for their performance and 
achieving specific, measurable outcomes identified by grant applicants.
    ii. 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).

[[Page 57941]]

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. FRA requires satisfaction of applicable requirements by the 
applicant and a formal agreement signed by both the grantee and the 
FRA, including an approved scope, schedule, and budget, to obligate the 
grant.

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 Department of Transportation; and applicable Federal 
financial assistance and contracting principles promulgated by the 
Office of Management and Budget. In complying with these requirements, 
recipients must ensure that no concession agreements are denied or 
other contracting decisions made based on speech or other activities 
protected by the First Amendment. If the Department determines that a 
recipient has failed to comply with applicable Federal requirements, 
the Department 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 Buy American Act, 41 
U.S.C. 8301-8305. Financial assistance made available under this NOFO, 
and projects assisted with such assistance, are subject to 49 U.S.C. 
5333(a).
    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.
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.

G. Federal Awarding Agency Contacts

    For further information regarding this notice and the grants 
program, please contact Amy Houser, Office of Program Delivery, Federal 
Railroad Administration, 1200 New Jersey Avenue SE, Room W36-412, 
Washington, DC 20590; email: [email protected], or Ruthie Americus, 
Office of Policy and Planning, Federal Railroad Administration, 1200 
New Jersey Avenue SE, Room W36-403, Washington, DC 20590; email: 
[email protected].

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 to the extent allowed 
under 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.
Quintin C. Kendall,
Deputy Administrator, Federal Railroad Administration.
[FR Doc. 2019-23535 Filed 10-28-19; 8:45 am]
 BILLING CODE 4910-06-P


