2015 grad eisenhower nofo final.pdf

Notice of Funding Opportunity

DTFH6115RA00006

Summary Information

Federal Agency Name: U.S. Department of Transportation (US DOT) Federal Highway Administration (FHWA) Office of Technical Services 1310 North Courthouse Road, Suite 300 Arlington, VA 22201

Website: http://www.fhwa.dot.gov/tpp/ugp.htm

Attention: Fawn Thompson, DTS-TP-20

Notice of Funding Opportunity (NOFO) Title:

“Dwight David Eisenhower Transportation Fellowship Program Graduate Fellowship”

Announcement Type: This is the initial announcement of this funding opportunity.

Funding Opportunity Notice Number: DTFH6115RA00006

Catalog of Federal Domestic Assistance (CFDA) Number:

20.215 - Highway Training & Education

Dates: • NOFO Issue Date is March 25, 2015

• NOFO Questions End Date/Time is March 31, 2015 by 5:00PM Eastern Time (ET)

• Electronic Application Due Date/Time is April

21, 2015, by 5:00PM (ET)

• Documentation Due Date/Time is April 28, 2015, by 5:00PM (ET)

Direct Questions to: Gerald Hill Federal Highway Administration Technology Partnership Programs Gerald.Hill.CTR@dot.gov

(703) 235-0951 http://www.fhwa.dot.gov/tpp/ugp.htm mailto:Gerald.Hill.CTR@dot.gov

TABLE OF CONTENTS

SECTION TITLE PAGE

A PROGRAM DESCRIPTION 3

B FEDERAL AWARD INFORMATION 4

C ELIGIBILITY INFORMATION 5

D APPLICATION AND SUBMISSION INFORMATION 6

E APPLICATION REVIEW INFORMATION 14

F FEDERAL AWARD ADMINISTRATION INFORMATION 16

G FEDERAL AWARDING AGENCY CONTACT(S) 18

Pertinent Links:

• http://www.grants.gov

• Federal Highway Administration (FHWA), Office of Technical Services, University

& Grants Programs at http://www.fhwa.dot.gov/tpp/ugp.htm

• Transportation Fellowship Internship and Contractor System (TFICS) at https://fhwaapps.fhwa.dot.gov/tficst/signin.aspx.

Attachments:

A. Dwight David Eisenhower Transportation Fellowship Program (DDETFP) 2015 Eisenhower Graduate Fellowship Announcement

B. Terms and Conditions http://www.grants.gov/ http://www.fhwa.dot.gov/tpp/ugp.htm https://fhwaapps.fhwa.dot.gov/tficst/signin.aspx

SECTION A - PROGRAM DESCRIPTION

The FHWA hereby requests applications for assistance to result in the award of a number of new Grant Agreements, supporting the “Dwight David Eisenhower Transportation Fellowship Program Graduate Fellowship.”

1. STATEMENT OF PURPOSE

The Dwight David Eisenhower Transportation Fellowship Program (DDETFP) Graduate Fellowship (provides funding for the pursuit of Masters or Doctorate Degrees in transportation related discipline. The program objectives are: 1) to attract the nation's brightest minds to the field of transportation, 2) to enhance the careers of transportation professionals by encouraging them to seek advanced degrees, and, 3) to retain top talent in the transportation industry of the United States. The Program is intended to bring innovation and enhance the breadth and scope of knowledge of the entire transportation community in the United States. The DDETFP Graduate Fellowship encompasses all modes of transportation.

2. LEGISLATIVE AUTHORITY

The authority to award a grant for this effort is found in the Moving Ahead for Progress in the 21st Century (MAP-21) transportation legislation, Section 52004 (3) (Public Law 112-141.

Authority is also found in Title 23, United States Code (USC), Section 504(c) and 502 (b)(3)(C).

3. BACKGROUND

Individual students apply for the DDETFP Graduate Fellowship. If a student is selected to receive a fellowship, the student, their faculty advisor and the university 1 will be responsible for completing and submitting all required paperwork to execute the fellowship. Funding will be sent to the university on behalf of the student. The university will be responsible for allocating funds to the student as outlined in the budget. The university will also be responsible for submitting all required federal financial reports to FHWA.

4. STATEMENT OF WORK

The U.S. Department of Transportation (DOT), Federal Highway Administration (FHWA), is soliciting applications for the Eisenhower Transportation Fellowship Program to 1) to attract the nation's brightest minds to the field of transportation, 2) to enhance the careers of transportation professionals by encouraging them to seek advanced degrees, and 3) to retain top talent in the transportation industry of the United States.

1 University is defined as an accredited institution of higher education located in the United States or its territories.

SECTION B – FEDERAL AWARD INFORMATION

1. FUNDING AND NUMBER OF AWARDS

FHWA intends to award up to 76 grant agreements (hereby known as grants or agreements) as a result of this Notice of Funding Opportunity (NOFO).

Currently, total federal funding in the amount of $800,000 is available for up to 76 awards.

Funding for each award can range from a maximum of $35,500 to a minimum of $5,000, per award. Note: The Government reserves the right to award less than the anticipated number of awards and less than the estimated amount per grantee.

2. TYPE OF AWARD

The planned award type is a Grant Agreement.

3. PERIOD OF PERFORMANCE

The period of performance for this Agreement will be one year from the effective date of the Agreement.

4. DEGREE OF FEDERAL INVOLVEMENT

The FHWA anticipates Federal involvement between it and the Recipient during the course of this project. The anticipated Federal involvement will include:

• Technical assistance and guidance to the Recipient;

• Close monitoring of performance; and

• Involvement in technical decisions.

SECTION C – ELIGIBILITY INFORMATION

1. ELIGIBLE APPLICANTS

Applicants of the Eisenhower Graduate Fellowship Recipients must:

• Possess a baccalaureate degree from an accredited U.S. Institution;

• Be enrolled in an accredited U.S. Institution of higher education

• Be pursuing a degree in a full-time program in a transportation-related discipline

• Have at least one full academic year remaining in program of study;

• Conduct ongoing research in one or more transportation-related disciplines; and

• Plan to enter the transportation profession after completing their higher level education.

Non-U.S. citizens must attach only a valid copy of their Student and Exchange Visitor Information System (SEVIS) Form I-202 issued by the educational institution you attend, or the Form I-20 “Certificate of Eligibility for Nonimmigrant Status", or the Form I-551 “Permanent Resident Card” issued by the U.S. Citizenship & Immigration Service (USCIS).

2. COST SHARING OR MATCHING

Although this program does not require cost sharing or matching, universities are encouraged to contribute resources to help leverage fellowship funding.

2 Student and Exchange Visitor Information System (SEVIS) Form I-20 is a Certificate of Eligibility for Nonimmigrant Student Status for foreign exchange students who attend an educational program in the United States.

Educational institutions issue Form I-20.

SECTION D - APPLICATION AND SUBMISSION INFORMATION

1. APPLICATION FORMS / SUPPORTING DOCUMENTATION

The FY 2015 DDETFP Graduate Fellowship application requires online submission in Transportation Fellowship Internship and Contractor System (TFICS). No paper applications will be accepted.

The DDETFP Graduate Fellowship TFICS application must be submitted to TFICS by 5:00 p.m.

Tuesday, April 21, 2015. You may access TFICS by visiting the following website: https://fhwaapps.fhwa.dot.gov/tficst/signin.aspx.

Supporting documentation must be received at the following address by 5:00 p.m. Tuesday April 28, 2015.

Universities and Grants Programs Technology Partnership Programs, DTS-TP-20

1310 North Courthouse Road, Suite 300 Arlington, VA 22201

TEL: (703) 235-0538

Attention: U&GP Graduate Fellowship

General Instructions: Please read the DDETFP Graduate Fellowship Announcement and this Notice of Funding Opportunity in their entirety before preparing the application materials. The 2015 DDETFP Graduate Fellowship application requires online submission in TFICS. No paper applications will be accepted. You must access TFICS by visiting the following website: https://fhwaapps.fhwa.dot.gov/tficst/signin.aspx.

A complete application package includes the following:

• TFICS Application submission (Pages 1-4 must be completed with required documentation uploaded) and supporting documentation mailed to the address identified above;

• Personal Statement (Relevant Background and Future Goals)

• Proposed Research Plan (Research Plan and Plan of Study)

• Official sealed transcripts (Should be sent directly to the address identified above)

• Original sealed letters of recommendation. Four (4) original letters of recommendation from four different individuals. (Original in a sealed and signed envelope should be sent directly to the address identified above)

• Resume / Curriculum Vitae (Not to exceed two pages)

• Citizenship Documentation – Non-U.S. citizens must attach a valid copy of their Student and Exchange Visitor Information System (SEVIS) Form I-20 issued by the educational institution you attend or Form I-20 “Certificate of Eligibility for Nonimmigrant Status", or Permanent Resident Card Form I-551 issued by the U.S. Citizenship & Immigration Service (USCIS).

2. CONTENT AND FORM OF APPLICATION SUBMISSION

Refer to Attachment A, Dwight David Eisenhower Transportation Fellowship Program (DDETFP) 2015 Eisenhower Graduate Fellowship Announcement

Application – Page 1: Personal & Current Education Information

Here the applicant will their personal and current information. All fields with (*) denotes a required field. It is the applicant’s responsibility to provide accurate information. If your e-mail address is not accurate you will NOT be notified of your application submission or if your application was accepted for award.

Please ensure the information you have for your Faculty Advisor is correct. At the end of the application you will be required to confirm that the Faculty Advisor’s email address you provided on the first page of application form is accurate and your application information will be shared with your Faculty Advisor.

Non-U.S. citizens must submit a certified copy of their Form I-20 “Certificate of Eligibility for Nonimmigrant Status", or Form I-551 “Permanent Resident Card”.

Prior to submission, you will be prompted to certify that you have personally have completed this application and that the information you are providing is complete and accurate. Information is subject to verification.

Application – Page 2: Activity History

Colleges/Universities Attended

• Applicants are required to submit transcripts for all institutions in which a degree was obtained. If you are applying as a Doctoral Fellowship, official transcripts must be sent from the institution where you obtained your Master’s Degree and your current institution. If you are applying for the Masters Fellowship, official transcripts must be sent from the institution where you obtained your Bachelors transcripts and your current institution.

Employers

• Please note if you have transportation related experience.

• List only those internships/employers where a transportation function was performed.

• Later, you will be required to upload a professional resume or curriculum vitae to the

TFICS system as directed. You can only upload pdf or docx files. This file cannot exceed 2 pages.

Academic Honors, Scholarships, Offices Held in Student / Professional Organizations, etc.

• Self-explanatory

Community Activities/Organizations

• Self-explanatory

Experience in Transportation Education Programs

• Self-explanatory

Application – Page 3A: Personal Statement

The Personal Statement should include relevant background and future goals. Please outline your educational and professional development plans and career goals. Describe how graduate school will prepare you for a career in transportation. (Limit 8000 characters)

Application – Page 3B: Proposed Research Plan

The Research Plan should summarize both your plan of study and research plan. Describe how your research will impact and enhance the field of transportation; contribute to an understanding of transportation, and provide societal benefits. The proposed research must be conducted in one of the transportation-related academic disciplines / fields of study identified in Section 5 of Attachment A. (Limit 8000 characters)

Application – Page 4

Upload Files as directed into TFICS. Please be sure to label files as directed in the Section 15 – How to Apply. All uploaded files must be legible. Your selected files cannot exceed a total size of 5MB and can only be .pdf or .docx formats in order to be uploaded into TFICS.

Transcripts

• Upload transcripts to the TFICS system as directed. Copies of official transcripts may be uploaded with your electronic application. All uploaded files must be legible. You can only upload .pdf or .docx files.

• To complete your application, you will also need to have sent by mail official transcripts from all institutions in which a degree was obtained. Unofficial, copies, or open official copies will not be considered and the application will be considered incomplete.

• Please ensure that you provide enough time for the university to process and mail the transcripts to be received by the deadline. It is the applicant’s responsibility to ensure that transcripts are received by the identified deadline in order for application to be complete and eligible for review.

Letters of Recommendation

• Each applicant must submit by mail four (4) original recommendation and/or endorsement letters. If there are fewer than four letters of recommendation, the application will be considered incomplete and not considered in the review process. Please have your endorser provide a copy for you to upload with your application.

• To be considered ORIGINAL, the letter of recommendation must be sent by the recommender directly to the address listed in Section 15: How to Apply. The original letter must be sealed with the recommender’s signature across the sealed section of the envelope.

Unsigned and unsealed letters will not be accepted.

• If the applicant is not sending the ORIGINAL letter of recommendation, it is the applicant’s responsibility to ensure ample time is provided for the sender to send the ORIGINAL letter, to the address identified in Section 15: How to Apply, so that it is received by the deadline.

It is the applicant’s responsibility to ensure that four letters of recommendation are received by the identified supporting documentation deadline in order for application to be complete and eligible for review.

• If currently employed in a transportation function, it is imperative that your employer submits an endorsement letter.

• The recommendation letters should contain length and nature of the person's relationship with the applicant, and comments on the applicant's overall ability, and suitability for graduate school, and potential for major contributions in one or more areas of transportation.

• The letters of recommendation must come from four different individuals. Letters of recommendation should come from a diverse group of individuals (professors, former employers, etc.).

• If four original letters of reference are not received by the identified deadline, the application will be not be considered for review.

Resume / Curriculum Vitae

• Must be legible and cannot exceed two pages.

Citizenship Documentation

• Upload a copy of their Form I-20 “Certificate of Eligibility for Nonimmigrant Status", or Form I-551 “Permanent Resident Card”.

• Please do not upload other documentation (i.e. Social Security Card, Driver’s License) as it will not be considered.

Select the Upload Type. Locate the file you are uploading. Click the button. As you upload files, they will appear in the chart at the bottom of the page. If you do not see your files, the upload process was not successful.

Before you proceed, please review and confirm that all files are uploaded. All uploaded files must be legible. You can select up to total size of 5MB and can only upload .pdf or .docx files to

TFICS.

Upload

Application – Page 5 User Agreements / Confirmations

You are required to:

• Confirm that you have read and understand the Notice of Funding;

• Confirm that you have read and understand the information related to required documents;

• Certify that you personally have completed this application and that the information you are providing is complete and accurate. Information is subject to verification;

• Acknowledge that you understand that the application information will be shared with the Faculty Advisor when you SUBMIT the application, and that the Faculty Advisor email address you provided in the first page of application form is accurate and up to date; and

• Certify that you have attached transcript and have college / university send official transcripts to University and Grants Programs 1310 North Courthouse Road, Suite 300, Arlington, VA 22201. If your official transcript is not submitted the application will be incomplete and rejected.

Print the final application for your records, and then click the button.

Once you submit your application, you will see a box that indicates “your application was successfully submitted.” You will receive an email that provides you the Applicant Number and a summary.

Keep your Applicant Number as a reference and within the following months you will be notified of your application status.

3. SUBMISSION DATES AND TIMES

Application Deadline: The Eisenhower Graduate Transportation Fellowship application must be submitted in the FHWA TFICS system by 5:00 p.m. Eastern Time on Tuesday April 21, 2015.

Supporting Documentation: All supporting material (official transcripts, original letters of recommendation, and certified citizenship documentation (if applicable) must be received via mail at the following address 5:00 p.m. Eastern Time on Tuesday, April 28, 2015.

The deadlines cited herein are the dates and times by which the agency must receive the application and supporting documentation.

Late submissions will not be reviewed or considered unless the Agreement Officer determines it is in the Government’s best interest to consider the late application.

Submit

4. STIPEND, TUITION AND TAXES

All recipients may not receive a full award (i.e. tuition, stipend, and travel to the Transportation Research Board (TRB) Annual Meeting). Recipient awards will be based on the rankings from the National Selection Panel. Recipients will receive a minimum of $5,000.00 based on the ranking from the National Selection Panel.

Fellowship recipients should be advised that the stipend portion of the fellowship is subject to taxation in accordance with the U.S. Internal Revenue Service (IRS) regulations (Publication 970, revised 2014).

The anticipated stipends for the Eisenhower Graduate Fellowship are based on academic level and are as follows:

• Master's Level - $1,700/mo.

• Doctoral Level - $2,000/mo.

Actual Stipend level may vary based upon available funding. Stipends are capped at $1,700 for Master’s students and $2,000 a month for Doctoral students from Eisenhower funding.

Additional stipend amounts may be added by the University or other sources.

5. FUNDING RESTRICTIONS

Restrictions on the use of fellowship funds are as follows:

• No dependency allowances;

• Fellowship recipients are eligible for funding only during months of enrollment in full-time programs leading to graduate degrees;

• The recipient's university has the responsibility of administering the funds and for making periodic payments to the recipient; and

• Unused funds must be returned to FHWA within 90 days of the termination date of the fellowship;

• There is a $10,000 tuition cap per year of Eisenhower Funding.

6. EDUCATIONAL INSTITUTION ORGANIZATIONAL INFORMATION

a) Identify any exceptions to the anticipated award terms and conditions as contained in

Section F, Federal Award Administration Information. Identify any preexisting intellectual property that you anticipate using during award performance, and your position on its data rights during and after the award period of performance.

b) The use of a Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) number is required on all applications for Federal grants or cooperative agreements.

Please provide your organization’s DUNS number in your budget application.

c) Provide a statement to indicate whether your organization has previously completed an A-133 Single Audit and, if so, the date that the last A-133 Single Audit was completed.

d) Provide a statement regarding Conflicts of Interest. The Applicant must disclose in writing any actual or potential personal or organizational conflict of interest in its application that describes in a concise manner all past, present or planned organizational, contractual or other interest(s), which may affect the Applicants' ability to perform the proposed contract in an impartial and objective manner. Actual or potential conflicts of interest may include but are not limited to any past, present or planned contractual, financial, or other relationships, obligations, commitments or responsibilities, which may bias the Applicant or affect the Applicant’s ability to perform the agreement in an impartial and objective manner. The AO will review the statement(s) and may require additional relevant information from the Applicant. All such information, and any other relevant information known to DOT, will be used to determine whether an award to the Applicant may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, the AO may (a) disqualify the Applicant, or (b) determine that it is otherwise in the best interest of the United States to contract with the Applicant and include appropriate provisions to mitigate or avoid such conflict in the agreement pursuant to 2 CFR 200.112.

e) Provide a statement to indicate whether a Federal or State organization has audited or reviewed the Applicant’s accounting system, purchasing system, and/or property control system. If such systems have been reviewed, provide summary information of the audit/review results to include as applicable summary letter or agreement, date of audit/review, Federal or State point of contact for such review.

f) Terminated Contracts - List any contract/agreement that was terminated for convenience of the Government within the past 3 years, and any contract/agreement that was terminated for default within the past 5 years. Briefly explain the circumstances in each instance.

g) Describe how your organization will obtain the necessary resources to fund and fulfill the proposed cost share, as applicable.

h) The Applicant is directed to review Title 2 CFR §170 (http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl) dated September 14, 2010, and Appendix A thereto, and acknowledge in its application that it understands the requirement, has the necessary processes and systems in place, and is prepared to fully comply with the reporting described in the term if it receives funding resulting from this Notice. The text of Appendix A will be incorporated in the award document as a General Term and Condition as referenced under this Notice’s Section F, Federal Award Administration Information.

i) Disclose any violations of Federal criminal law involving fraud, bribery, or gratuity violations. Failure to make required disclosures can result in any of the remedies http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl described in 2 CFR 200.338 entitled Remedies for Noncompliance, including suspension or debarment. (See also 2 CFR Part 180 and 31 U.S.C. 3321).

7. UNIQUE ENTITY IDENTIFIER AND SYSTEM FOR AWARD (SAM)

The Applicant is required to: (i) be registered in SAM before submitting its application;

(ii) provide a valid unique entity identifier in its application; and (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency.

The Federal awarding agency may not make a Federal award to an Applicant until the Applicant has complied with all applicable unique entity identifier and SAM requirements. 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.

8. INTERGOVERNMENTAL REVIEW

An application under this Notice of Funding Opportunity is not subject to the State review under E.O. 12372.

9. FUNDING RESTRICTIONS

The FHWA will not reimburse any pre-award costs or application preparation costs under this proposed Agreement.

10. OTHER SUBMISSION REQUIREMENTS

In the event of system problems or technical difficulties with the application submittal, Applicants should contact the FHWA point of contact designated on page 1. If Applicants are unable to use the system due to technical difficulties, Applicants must e-mail applications to the FHWA point of contact listed on page 1 no later than the application deadline cited above.

SECTION E - APPLICATION REVIEW INFORMATION

1. CRITERIA

The Government will evaluate applications on following criteria:

MERIT: FHWA will evaluate and rank the applications against the following technical evaluation criteria. These criteria are distinct from eligibility criteria (see Section C) that are addressed before an application is accepted for review.

The DDETFP Graduate Fellowship will be awarded on the basis of merit. Merit includes (in descending order of importance with the top three criteria being equal in importance):

• Class standing, GPA, and official university transcripts;

• Potential for Outstanding Career in Transportation (Transportation work experience, if applicable);

• Proposed plan of study

• Quality of letters of recommendation regarding the applicant's qualifications; and

• Overall quality of Application

Funding availability will also be considered in the award decision.

2. REVIEW AND SELECTION PROCESS

FHWA will utilize the following merit review process to evaluate applications:

The Eisenhower Graduate Fellowship National Selection Panel will evaluate all eligible applications. This panel will be composed of prominent national transportation professionals who will review each applicant's qualifications. The recommendations for selection will be ranked in merit order and submitted to the Program Manager, to make final selections based on the Panel’s recommendation. The Program Manager is the official responsible for final award selections. The Government is not obligated to make any award as a result of this announcement. It is imperative that applicants provide an accurate and current email address for themselves and their faculty advisor.

Risk Assessment

The Government will assess the risks posed by an Applicant before they receive an award. This Risk Assessment will include evaluation of some or all of the following items relative to the Applicant:

(1) Applicant’s quality of management systems and ability to meet the management standards prescribed in 2 CFR Part 200;

(2) Applicant’s history of performance;

Note: History of performance includes the Applicant's record in managing Federal awards, if it is a prior Recipient of Federal awards, including timeliness of compliance with applicable reporting requirements, conformance to the terms and conditions of previous Federal awards, and if applicable, the extent to which any previously awarded amounts will be expended prior to future awards. The Government will evaluate the relevant merits of the Applicant’s history of performance based on its reputation and record with its current and/or former customers with respect to quality, timeliness and cost control. The history of performance will be reviewed to assure that the Applicant has relevant and successful experience and will be considered in the risk assessment. In evaluating history of performance, the Government may consider both written information provided in the application, as well as any other information available to the Government through outside sources.

Note: The FHWA will review information provided by the Applicant, and any other relevant information known to DOT, to determine whether an award to the Applicant may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, the AO may (a) disqualify the Applicant, or (b) determine that it is otherwise in the best interest of the United States to award to the Applicant and include appropriate provisions to mitigate or avoid such conflict in the agreement pursuant to 2 CFR 200.112.

Applicant’s eligibility to receive Federal funding. Per the guidelines on government-wide suspension and debarment in 2 CFR Part 180, the Government will confirmation that the Applicant is not debarred, suspended or otherwise excluded from or ineligible for participation in Federal programs or activities.

3. ANTICIPATED ANNOUNCEMENT AND FEDERAL AWARD DATES

The FHWA anticipates making award on or about June 15, 2015.

SECTION F – FEDERAL AWARD ADMINISTRATION INFORMATION

1. FEDERAL AWARD NOTICES

If your organization’s application is selected for award, you will be notified and sent an award document for signature. Applicants not selected for award will be notified in writing by FHWA.

Only the AO can commit the FHWA. The award document, signed by the AO, is the authorizing document. Only the AO can bind the Federal Government to the expenditure of funds.

Notice that an Applicant has been selected as a Recipient does not constitute approval of the application as submitted. Before the actual award, FHWA will enter into negotiations concerning such items as program components, staffing and funding levels, and administrative systems, if necessary. If the negotiations do not result in an acceptable submittal, the FHWA reserves the right to terminate the negotiation and decline to fund the Applicant.

2. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS

General terms, conditions, and governing regulations that apply to this agreement are provided as Attachment B.

Special terms and conditions follow:

1. AVAILABLE FUNDING

The total estimated amount of Federal funding that may be provided under this Agreement is $______ (to be filled in at award) for the entire period of performance, subject to the limitations shown below:

a) Currently, Federal funds identified on page 1 of the award document, are obligated to this agreement.

b) Subject to availability of funds, and an executed document by the AO, the difference between the current funding and the total estimated amount of Federal funding may be obligated to this Agreement.

c) The FHWA’s liability to make payments to the Recipient is limited to those funds obligated under this Agreement as indicated above and any subsequent amendments.

2. DESIGNATION AS RESEARCH OR NON-RESEARCH AGREEMENT

This agreement is designated as: NON-RESEARCH)

3. DISPUTES

The parties to this Agreement will communicate with one another in good faith and in a timely and cooperative manner when raising issues under this provision. Any dispute, which for the purposes of this provision includes any disagreement or claim, between the FHWA and the Recipient concerning questions of fact or law arising from or in connection with this Agreement and whether or not involving alleged breach of this Agreement, may be raised only under this Disputes provision.

Whenever a dispute arises, the parties will attempt to resolve the issues involved by discussion and mutual agreement as soon as practical. In no event will a dispute which arose more than three months prior to the notification made under the following paragraph of this provision constitute the basis for relief under this article unless FHWA waives this requirement.

Failing resolution by mutual agreement, the aggrieved party will document the dispute by notifying the other party in writing of the relevant facts, identify unresolved issues and specify the clarification or remedy sought. Within five working days after providing written notice to the other party, the aggrieved party may, in writing, request a decision from one level above the AO. The AO will conduct a review of the matters in dispute and render a decision in writing within thirty calendar days of receipt of such written request. Any decision of the AO is final and binding unless a party will, within thirty calendar days, request further review as provided below.

Upon written request to the FHWA Director, Office of Acquisition and Grants Management or designee, made within thirty calendar days after the AO’s written decision or upon unavailability of a decision within the stated time frame under the preceding paragraph, the dispute will be further reviewed. This review will be conducted by the Director, Office of Acquisition and Grants Management. Following the review, the Director, Office of Acquisition and Grants Management, will resolve the issues and notify the parties in writing.

Such resolution is not subject to further administrative review and to the extent permitted by law, will be final and binding. Nothing in this Agreement is intended to prevent the parties from pursuing disputes in a United States Federal Court of competent jurisdiction.

SECTION G – FEDERAL AWARDING AGENCY CONTACT(S)

Address any questions to:

Gerald Hill, Senior Program Analyst (CTR) Federal Highway Administration Technology Partnership Programs Gerald.Hill.CTR@dot.gov

(703) 235-0951

Secondary point of contact is:

Fawn Thompson, Program Manager Federal Highway Administration Technology Partnership Programs Fawn.thompson@dot.gov

(703) 235-0538 mailto:Gerald.Hill.CTR@dot.gov mailto:Fawn.thompson@dot.gov