693JJ317NF0008 - 2017 DDETFP LC NOFO Final.pdf

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

Website: HTTP://WWW.FHWA.DOT.GOV/INNOVATIVEPROGRAMS

Attention: Ewa Flom, HIN-CWD

Notice of Funding Opportunity (NOFO) Title:

“Administration of the Dwight David Eisenhower Transportation Fellowship Program (DDETFP) Local Competition for Historically Black Colleges and Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, and Community Colleges”

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

Notice of Funding Opportunity (NOFO) Number:

693JJ317NF0008

Catalog of Federal Domestic Assistance (CFDA) Number:

20.215 - Highway Training & Education

Dates: • NOFO Issue Date is July 18, 2017

• Application Due Date/Time is August 17, 2017, by 5:00PM (ET)

Direct Questions to: Universities and Grants Programs Staff Federal Highway Administration Center for Transportation Workforce Development FHWA_UGP@dot.gov

(703) 235-0538 http://www.fhwa.dot.gov/innovativeprograms mailto:FHWA_UGP@dot.gov

693JJ317NF0008

TABLE OF CONTENTS

SECTION TITLE PAGE

A PROGRAM DESCRIPTION 2

B FEDERAL AWARD INFORMATION 3

C ELIGIBILITY INFORMATION 4

D APPLICATION AND SUBMISSION INFORMATION 5

E APPLICATION REVIEW INFORMATION 10

F FEDERAL AWARD ADMINISTRATION

INFORMATION

G FEDERAL AWARDING AGENCY CONTACT(S) 16

Pertinent Links:

• HTTP://WWW.GRANTS.GOV

• Federal Highway Administration (FHWA), Office of Innovative Program Delivery, University & Grants Programs at HTTP://WWW.FHWA.DOT.GOV/INNOVATIVEPROGRAMS

• General terms, conditions, and governing regulations (Effective March 6, 2015) that apply to this Agreement are available online at

HTTPS://WWW.FHWA.DOT.GOV/CFO/CONTRACTOR_RECIP/GTANDC_GENERALTERMSCONDITIONS.CFM

Attachments:

A. Program Administration Guidelines for Local Competitions at Institutions Designated as

Historically Black Colleges and Universities (HBCU), Hispanic Serving Institutions (HSI), Tribal Colleges and Universities (TCU), and Community Colleges (CC).

http://www.grants.gov/ http://www.fhwa.dot.gov/innovativeprograms https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm

SECTION A – PROGRAM DESCRIPTION

1. STATEMENT OF PURPOSE

The Dwight David Eisenhower Transportation Fellowship Program (DDETFP) Local Competition program aims to attract the nation's brightest minds to the field of transportation;

enhance the careers of transportation professionals by encouraging them to seek advanced degrees; and to retain top talent in the transportation industry of the United States. The DDETFP Local Competition for Historically Black Colleges and Universities (HBCU), Hispanic Serving Institutions (HSI), Tribal Colleges and Universities (TCU), and Community Colleges (CC) provides funding for students to pursue Associate’s, Bachelor’s, Master’s and Doctoral Degrees in transportation-related disciplines. The purpose of the DDETFP Local Competition is to stimulate interest among students attending HBCUs, HSIs, TCUs, and CCs to conduct transportation-related research, pursue transportation-related degrees, to enter the transportation workforce, and to bring innovation and to enhance the breadth and scope of knowledge of the entire transportation community in the United States.

2. LEGISLATIVE AUTHORITY

The current legislation governing the program is found in the Fixing America’s Surface Transportation Act (FAST Act), Section (§) 6002(a)(3) (H. Rept. 114-357). Authority is also found in Title 23, United States Code (USC), Section (§) 504(c) and §502 (b)(3).

3. BACKGROUND

Educational Institutions that are designated as HBCUs, HSIs, TCUs, and CCs are encouraged to apply to administer the DDETFP Local Competition at their institution.

If an institution is selected to administer a DDETFP Local Competition, the institution will be responsible for adhering to the Program Administration Guidelines for Local Competitions at Institutions Designated as Historically Black Colleges and Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, and Community Colleges (Attachment A). This requires the institution to complete and submit all required paperwork to run the local competition and execute the fellowship once awarded by FHWA. Funding will be sent to the educational institution on behalf of the student. The educational institution will be responsible for allocating funds to the student as outlined in the budget. The educational institution 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 Educational Institutions that are designated as Historically Black Colleges and Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, and Community Colleges to apply to administer the DDETFP Local Competition at their institution, in accordance with Attachment A.

SECTION B – FEDERAL AWARD INFORMATION

1. FUNDING AND NUMBER OF AWARDS

FHWA intends to award up to 50 DDETFP Local Competition fellowship programs (hereby known as Local Competitions) as a result of this Notice of Funding Opportunity (NOFO).

Currently, total federal funding in the amount of $1,000,000.00 is available for up to 50 fellowship programs to make awards ranging from a minimum of $1,500 to a maximum of $10,000 per student, to include tuition, stipend, and travel costs to attend the Transportation Research Board (TRB) Annual Meeting. Note: The Government reserves the right to award less than the anticipated number of program awards and less than the maximum amount per grantee, and less than requested from individual applying Educational Institutions.

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 DDETFP Local Competition for Historically Black Colleges and Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, and Community College must be educational institutions that are currently designated as:

• Historically Black Colleges and Universities; or

• Hispanic Serving Institutions; or

• Tribal Colleges and Universities; or

• Community Colleges.

Category Certification

Historically Black Colleges and Universities (HBCU)

HTTP://WWW2.ED.GOV/PROGRAMS/IDUESTITLE3B/ELIGIBILITY.HTML

Accredited HBCU as identified by the White House Initiative on Historically Black

Colleges and Universities

Hispanic Serving Institutions (HSI)

HTTP://WWW2.ED.GOV/PROGRAMS/IDUESHSI/ELIGIBILITY.HTML

FY16 Designation as an Eligible Institution for Title III and Title V Programs

Tribally Colleges and Universities (TCU)

HTTP://WWW2.ED.GOV/PROGRAMS/IDUESAITCC/ELIGIBILITY.HTML

Accredited TCU as identified by the White House Initiative on American Indian and

Alaskan Native Education

Community College (CC)

HTTP://WWW2.ED.GOV/ABOUT/OFFICES/LIST/OVAE/PI/CCLO/INDEX.HTML

Two-year public institutions providing higher education and lower-level tertiary education, granting certificates, diplomas, and associate's degrees

2. COST SHARING OR MATCHING

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

http://www2.ed.gov/programs/iduestitle3b/eligibility.html http://www2.ed.gov/programs/idueshsi/eligibility.html http://www2.ed.gov/programs/iduesaitcc/eligibility.html http://www2.ed.gov/about/offices/list/ovae/pi/cclo/index.html

SECTION D – APPLICATION AND SUBMISSION INFORMATION

1. APPLICATION FORMS / SUPPORTING DOCUMENTATION

The entire Solicitation Package may be downloaded from the Grants.gov website at https://www.grants.gov. Applicants must complete all forms included in the Application Package for this NOFO as contained at Greatns.gov and submit the Application Package through Grants.gov.

General Instructions: Please read this NOFO in its entirety before preparing the application materials. Incomplete applications will not be considered. Once the NOFO deadline has passed, FHWA staff may not discuss this competition with applicants until the proposal review process has been completed.

2. CONTENT AND FORM OF APPLICATION SUBMISSION

The FY 2017 DDETFP Local Competition for Historically Black Colleges and Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, and Community Colleges requires the submission of a complete Application Package which includes information on establishing the Local Competition.

A complete application package includes the following:

• Technical Application Information Sheet & Checklist (page 10, Attachment A)

• Application for Federal Assistance, SF-424 (page 11, Figure 1, Attachment A)

• Key Contacts Form (page 11, Figure 2, Attachment A) for:

o Campus Program Manager o Grant Official o All members of the Local Competition Selection Panel (composed of a minimum of three members, at least one of who is employed by the FHWA Division Office in your State)

• Campus Recruitment Plan: Briefly describe how the DDETFP will be advertised, announcements and application distributed, selection panel convened, and recipient selected and notified.

• Planned Timelines/Schedule: Dates associated with posting the announcement, application due dates, selection panel meeting, proposed recipient package, and accomplishment report

• DDETFP Local Competition Announcement

• Assurances for Non-Construction Programs, SF-424B (page 12, Figure 3, Attachment A)

• Disclosure of Lobbying Activities, SF-LLL (page 12, Figure 4, Attachment A)

• Briefly address the nine (9) items at Section 6. EDUCATIONAL INSTITUTION

ORGANIZATIONAL INFORMATION (6a-6i) on pages 7 and 8 of the NOFO

693JJ317NF0008.

No Budget Application is required with this submission. FHWA will determine the total award amount for each Institution selected to participate.

https://www.grants.gov/

Failure to provide all aforementioned items may result in an incomplete application and failure to receive further consideration.

General Instructions: Please read the Attachment A, Program Administration Guidelines for Local Competitions at Institutions Designated as Historically Black Colleges and Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, and Community Colleges in its entirety before preparing the application materials.

3. SUBMISSION DATES AND TIMES

The application must be received electronically through http://www.grants.gov by the Application Due Date/Time listed on page 1 of this NOFO.

The deadline stated on page 1 is the date and time by which the agency must receive the full and completed application, including all required sections.

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

4. TUITION, TRB TRAVEL, STIPEND, AND TAXES

All fellowship recipients may not receive a full award (i.e. tuition, stipend, and travel to the TRB Annual Meeting). Recipient awards will be based on the rankings from the Local Selection Panel. Selected individual fellowship recipient students will receive a total award between $1,500 and $10,000 based on the ranking from the Local Competition Selection Panel, which may include tuition, TRB travel and stipend funding.

Educational institutions must advise all fellowship recipients 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 maximum monthly stipends for the DDETFP Local Competition for Historically Black Colleges and Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, and Community Colleges are based on academic level and are as follows:

Program Level Monthly

Associate’s Level Up to $1,000

Bachelor’s Level Up to $1,450

Master’s Level Up to $1,700

Doctoral Level Up to $2,000

Actual Stipend level may vary based upon available funding. Stipends are capped as identified in the chart above. Additional stipend amounts may be added by the University or other non-federal sources.

http://www.grants.gov/

5. FUNDING RESTRICTIONS

Restrictions on the use of fellowship funds are as follows:

• No funds are available for Program Administration;

• No dependency allowances;

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

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

• 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 student per year of DDETFP Local Competition 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 Unique Entity Identifier (UEI) number is required on all applications for Federal grants or cooperative agreements. Please provide your organization’s UEI (DUNS) number on all application materials.

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 July 13, 2017, 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 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)

Applicants are required to have a Unique Entity Identifier (UEI) number to apply for a grant or cooperative agreement from the U.S. Government. This number is a nine-digit identification number, which uniquely identifies business entities. Please ensure that your organization’s UEI (DUNS) number is included in the appropriate box of the SF–424 which is part of the formal application package.

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.

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

8. INTERGOVERNMENTAL REVIEW

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

9. PRE-AWARD COST 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 Local Competition will be awarded on the basis of merit. The following criteria are listed in descending order of importance:

• Program Administration – Demonstrated potential to administer DDETFP Fellowship Program to support program objectives;

• Campus Recruitment Plan – Demonstrated ability to recruit students from multiple program areas within the institution. Acceptable transportation-related disciplines can be found on page 19 in Attachment A;

• Institution Support – Demonstrated support from Academic Institution; and

• Application – 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 DDETFP Local Competition FHWA Review Panel will evaluate all eligible applications. This panel will be composed of FHWA 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.

Agency personnel will conduct a risk assessment of the Applicant prior to award as described below.

The Government will accept the application(s) that is (are) considered the most advantageous to the Government using the criteria cited above, and subject to the results of an Applicant risk assessment. Applications selected for possible award using the criteria cited above, will undergo the following risk assessment prior to award. The Government reserves the right to not make an award to an Applicant based on the results of the risk assessment.

The AO is the official responsible for final award selection. The Government is not obligated to make any award as a result of this notice.

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 and/or sub-applicants as applicable:

(1) Applicant’s financial stability;

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

(3) 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.

(4) Applicant’s audit reports and findings from audits performed on the Applicant pursuant to 2 CFR Part 200 Subpart F—Audit Requirements or the reports and findings of any other available audits;

(5) Applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on non-Federal entities;

(6) Applicant’s potential for conflict of interest if applicable; and 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.

(7) 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 and any named sub-applicants are not debarred, suspended or otherwise excluded from or ineligible for participation in Federal programs or activities.

Pursuant to 2 CFR Part 200.205, prior to making a Federal award, the Federal awarding agency is required to review information available through any OMB-designated repositories of government-wide eligibility qualification or financial integrity information, such as Federal Awardee Performance and Integrity Information System (FAPIIS), Dun and Bradstreet, and “Do Not Pay.” At a minimum, the information in the system for a prior Federal award recipient must demonstrate a satisfactory record of executing programs or activities under Federal grants, cooperative agreements, or procurement awards; and integrity and business ethics.

If FHWA does not make a Federal award to a non-Federal entity because the official determines that the non-Federal entity does not meet either or both of the minimum qualification standards as described in 2 CFR 200.205, the FHWA will report that determination in FAPIIS.

3. ANTICIPATED ANNOUNCEMENT AND FEDERAL AWARD DATES

The FHWA anticipates making an announcement on or about October 2017.

SECTION F – 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. Upon full execution of the award document, the institution will be responsible for adhering to Attachment A, Dwight David Eisenhower Transportation Fellowship Program Fellowship Administration Guidelines for Historically Black Colleges and Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, and Community Colleges.

Applicants not selected for award will be notified in writing by FHWA.

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.

Only the Agreement Officer (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.

2. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS

• General terms, conditions, and governing regulations that apply to this agreement are provided online at

HTTPS://WWW.FHWA.DOT.GOV/CFO/CONTRACTOR_RECIP/GTANDC_GENERALTERMSCONDITIONS.CFM

Special terms and conditions follow:

1. DATA RIGHTS

The Recipient must make available to the FHWA copies of all work developed in performance with this Agreement, including but not limited to software and data. Data rights under this agreement shall be in accordance with 2 CFR 200.315, Intangible property.

2. PERSONALLY IDENTIFIABLE INFORMATION (PII)

Personally Identifiable Information (PII) as defined at CFR Part 200.79 and 2 CFR

200.82 will not be requested unless necessary and only with prior written approval of the AO with concurrence from the AOR.

3. AVAILABLE FUNDING

https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm

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.

4. KEY PERSONNEL

Pursuant to 2 CFR 200.308(c)(2), the Recipient must request prior written approval from the AO for any change in Key Personnel specified in the award. The following person(s) are/have been identified as Key Personnel:

Name Title/Position [Campus Program Manager] [Grant Official] [member of the Local Competition

Selection Panel] [member of the Local Competition

Selection Panel] [member of the Local Competition

Selection Panel] (*** to be filled in at award ***)

5. ORDER OF PRECEDENCE

The Recipient's technical application are accepted, approved, and incorporated herein as Attachments B and C respectively. In the event of any conflict between this agreement document and the Recipient's proposal and/or application, this Agreement document shall prevail.

6. DESIGNATION AS RESEARCH OR NON-RESEARCH AGREEMENT

This agreement is designated as: NON-RESEARCH

7. 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.

3. REPORTING

The Recipient must submit the following electronically to the U&GP Program Manager at FHWA_UGP@dot.gov:

• Annual Accomplishments Report to the Program Manager, U&GP, for the preceding year by September 30th. The report should provide summaries of the academic achievements of the fellowship Student Designees, summaries of student research projects conducted by the Student Designees, and a financial accounting of funds received and report of any unused funds to be returned.

• Copies of Student Designees’ completed research projects by September 30th.

• Performance Progress Report (SF-PPR) is due 90 days after the end of the Agreement period of performance. The SF-PPR is available online:

HTTPS://WWW.NA.FS.FED.US/FAP/SF-PPR_COVER%20SHEET.PDF

o To fulfill the SF-PPR Block 10, Performance Narrative requirement, the Recipient can reference the Annual Accomplishments Report and date submitted to FHWA U&GP Program Manager.

o In the SF-PPR Block 11, Other Attachments, include the following information as attached pages:

Federal Financial Report (SF 425) available at https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html#sortby=1 mailto:FHWA_UGP@dot.gov https://www.na.fs.fed.us/fap/SF-PPR_Cover%20Sheet.pdf https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html#sortby=1 https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html#sortby=1

SECTION G – FEDERAL AWARDING AGENCY CONTACT(S)

Address any questions to:

Universities and Grants Programs Support Desk Federal Highway Administration Center for Transportation Workforce Development transportationedu@dot.gov

(703) 235-0538

Secondary point of contact is:

Ewa Flom Universities and Grants Programs Federal Highway Administration Center for Transportation Workforce Development ewa.flom@dot.gov

(703) 235-0532 mailto:transportationedu@dot.gov mailto:ewa.flom@dot.gov