693JJ323NF00019 - BIP Large Bridge Projects NOFO Amendment No 2 REDLINE.pdf

693JJ323NF00019 693JJ323NF00019

693JJ323NF00019

FISCAL YEARS 2023 – 2026

BRIDGE INVESTMENT PROGRAM

LARGE BRIDGE PROJECT GRANTS

Opening Date: September 27, 2023

Amendment No. 1 Date: November 21, 2023

Amendment No. 2 Date: June 2, 2025

NOTE: FHWA uses www.grants.gov for receipt of all applications. Applicants must register and use the system to submit applications electronically. Applicants are encouraged to register in advance of the submission deadline and to register to receive notifications of updates/amendments to this Notice. Approval of user registrations for the site may take multiple weeks. It is the Applicant’s responsibility to monitor the grants.gov site for any updates to this Notice.

U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Funding Opportunity for Fiscal Year (FY) 2023 through FY 2026 Bridge Investment Program, Large Bridge Project Grants

AGENCY: U.S. Department of Transportation (DOT), Federal Highway Administration (FHWA).

ACTION: Notice of Funding Opportunity (NOFO). Amendment No. 2.

SUMMARY: The purpose of this notice is to solicit applications for Large Bridge Project grants (a project with total eligible costs greater than $100 million) for awards under the Bridge Investment Program (BIP). This notice establishes a “rolling application” process for Large Bridge Project applications by providing the schedule, requirements, and selection process for such projects for the remaining available amounts of the BIP funding provided by the Infrastructure Investment and Jobs Act (IIJA) (also known as the “Bipartisan Infrastructure Law” or BIL) for FY 2023 through FY 2026, which total up to $9.62 billion (see section B.1 for details for funds available for each fiscal year). FHWA will solicit applications for the other two BIP project categories inunder a subsequentseparate NOFO: (1) Planning and (2) Bridge Project (a project with total eligible costs not greater than $100 million).

Large Bridge Project funds will be awarded on a competitive basis for bridge replacement, rehabilitation, preservation, and protection projects with total eligible costs of greater than $100 million that: (1) improve the safety, efficiency, and reliability of the movement of people and freight over bridges; and (2) improve the condition of bridges in the United States by reducing (a) the number of bridges, and total person miles traveled over bridges, that are in poor condition or that are in fair condition and at risk of falling into poor condition within the next 3 years, or (b) the number of bridges, and total person miles traveled over bridges, that do not meet current geometric design standards or cannot meet the load and traffic requirements typical of the regional transportation network. In addition, a Large Bridge Project that receives a BIP award of not less than $100 million is eligible for a multiyear grant, in which DOT can award available funds to a project over the course of several years in accordance with an agreement and in alignment with its schedule. Applications submitted under one funding opportunity may receive funding under a different funding category than identified in the application based on FHWA’s review of the project schedule and total project cost, see Section A.1.b.

This notice describes the application requirements, selection and evaluation criteria, applicable program and Federal requirements, and available assistance during the grant solicitation period.

Amendment No. 1.

Change application due date from November 27, 2023, to December 4, 2023.

Amendment No. 2.

Formatted: Font: Not Bold

The purpose of this amendment is to (1) remove references to rescinded Executive Orders, (2) align the NOFO with new Executive Orders, and (3) add a new section under amended applications to provide an additional opportunity for applicants under consideration in the FY 2025 application cycle to amend their applications, FHWA is not accepting new applications under the FY 2025 application cycle. FHWA is no longer soliciting applications for Fiscal Years 2022 through 2024.

ASSISTANCE LISTING (formerly CATALOG OF FEDERAL DOMESTIC ASSISTANCE) NUMBER: 20.205 Highway Planning and Construction

DATES: For FY 2023 and FY 2024 funds, Large Bridge Project applications must be submitted by 11:59 p.m. EST on November 27, 2023 December 4, 2023. For FY 2025 funds, applications must be submitted by 11:59 p.m. EDT on August 1, 2024. For FY 2026 funds, applications must be submitted by 11:59 p.m. EDT on August 1, 2025. See Section D.4 for important dates and deadlines for FYs 2023 – 2026 applications.

The Grants.gov “Apply” function will open by September 27, 2023 and will close after November 1, 2025.

Applications must be submitted electronically through grants.gov no later than 11:59 p.m., Eastern Time on the date stated above and in Section D.4. Applicants are encouraged to submit applications in advance of the application deadline; however, awards will not be made until after the application deadline. Applications will be accepted throughout the year until the application deadline for the respective fiscal year of funding. See Sections A.3.c and D.4 for details on the application submittal, evaluation, and award timeline.

WEBINAR: FHWA plans to conduct outreach regarding the BIP Large Bridge Project grants in the form of a virtual recorded Webinar which will be posted when available on FHWA's Website:

BIP - Funding Programs - Management and Preservation - Bridges & Structures - Federal Highway Administration (dot.gov).

ADDRESSES: Applications must be submitted electronically through https://www.grants.gov/.

Applicants must register and use the system to submit applications electronically. Applicants are encouraged to register in advance of the submission deadline and to register to receive notifications of updates/amendments to this notice. Approval of user registrations for the site may take several weeks. It is the applicant’s responsibility to monitor grants.gov for any updates to this notice.

FOR FURTHER INFORMATION CONTACT:

Veronica Jacobson Agreement Specialist Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 12300 West Dakota Avenue, #180 Lakewood, CO 80228 Email: BridgeInvestmentProgram@dot.gov Phone: 720-963-3020

Alternate:

Hector Santamaria Agreement Officer/Team Leader Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Email: BridgeInvestmentProgram@dot.gov Phone: 202-494-3811

DOT will not review applications in advance of their submission, but FHWA staff are available for questions. DOT will not provide technical assistance to any applicant including providing guidance on an application. Please forward your questions to BridgeInvestmentProgram@dot.gov.

Questions and Answers (Q&A), previous recordings of Webinars as well as future information on updated Q&As, Webinars, or other events are available on FHWA’s Website at BIP - Funding Programs - Management and Preservation - Bridges & Structures - Federal Highway Administration (dot.gov). In addition, FHWA will post answers to questions and requests for clarifications at Grants.gov under this NOFO’s page. To ensure an applicant receives accurate information about eligibility or the program, the applicant is encouraged to contact BridgeInvestmentProgram@dot.gov directly, rather than through intermediaries or third parties, with questions.

SUPPLEMENTARY INFORMATION: The organization of this notice is based on an outline set forth in Appendix I to Title 2 of the Code of Federal Regulations (CFR), Part 200, to ensure consistency across Federal financial assistance programs. However, that format is designed for locating specific information, not for linear reading. For readers seeking to familiarize themselves with how the BIP multi funding category program application process will work, DOT recommends starting with Section A (Program Description), which describes the goals of the BIP and DOT’s purpose for providing separate selection criteria and application periods and cut-off dates for consideration for the BIP Large Bridge Project grants funding category and Section E

(Application Review Information), which describes how DOT will select among eligible applications.

Each section of this notice contains information and instructions relevant to the application process for the BIP Large Bridge Project grants funding category. The applicant should read this notice in its entirety to submit eligible and competitive applications.

This notice contains collection-of-information requirements subject to the Paperwork Reduction Act that has been approved by the Office of Management and Budget (OMB) under 2125-0664.

The use of Standard Forms 424, 424A, 424B, 424C, 424D, and SF-LLL has been approved by OMB under 2105-0520. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the Paperwork Reduction Act, unless that collection displays a currently valid OMB control number.

TABLE OF CONTENTS

SUMMARY:

TABLE OF CONTENTS

SECTION A - PROGRAM DESCRIPTION

1. Overview

a. Program Goals

b. BIP Program Requirements and Considerations

2. Additional Information

3. Changes from the FY 2022 NOFO

a. Multi-Year Large Bridge Project Grants NOFO and Available Funding for Planning and Bridge Grants

b. Application Templates and Merit Criteria

c. Rolling Application Submission and Review Process; Amended Application Submission Opportunity

d. Disposition of Applications

SECTION B - FEDERAL AWARD INFORMATION

1. Award Amount Available

2. Award Size

3. Statutory FY 2022 – FY 2026 Funding Provisions

a. Large Bridge Project

b. Culvert Limitation

c. Unused Amounts

d. Prohibited Use

4. Availability of Funds

5. Type of Award

6. Period of Performance

SECTION C - ELIGIBILITY INFORMATION

1. Eligible Applicants

a. Eligible Applicants

b. Joint Applications

2. Award Size and non-Federal Matching Requirements

3. Eligible Projects

a. Eligible Projects

b. Eligible Project Requirements

c. Additional Eligibility Requirements

d. Eligible Project Costs

SECTION D - APPLICATION AND SUBMISSION INFORMATION

1. Address to Request Application Package

2. Content and Form of Application Submission

a. Application Forms:

b. Application Templates

c. Project Narrative

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

4. Submission Dates and Times

5. Intergovernmental Review

6. Funding Restrictions

7. Other Submission Requirements

a. Scalable Project Options

b. Submission Location

c. Consideration of Applications

d. Applications Received After the Application Deadline

SECTION E - APPLICATION REVIEW INFORMATION

1. Criteria

a. Statutory Evaluation Requirements

b. Merit Criteria

c. Economic Analysis Rating

d. Project Readiness Rating

e. Overall Application Rating

f. Statutory Secretarial Considerations

g. Statutory Required Project Selection Priorities

h. DOT Priority Considerations

2. Review and Selection Process

a. Application Intake and Eligibility Review

b. Technical Review

c. Technical Review Management Team

d. FHWA Senior Review Team and Applications Recommended for Consideration by the FHWA Administrator

e. OST Review of Applications Recommended for Consideration by the FHWA Administrator and the Secretary Selection of Projects

3. Additional Information

SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

1. Federal Award Notice

2. Administrative and National Policy Requirements

a. Program Requirements

3. Reporting

a. Progress Reporting on Grant Activities

b. Performance and Program Evaluation

c. BIP Large Bridge Project Grant Specific Reporting Requirements

d. Reporting of Matters Related to Recipient Integrity and Performance

e. Other

SECTION G - FEDERAL AWARDING AGENCY CONTACT(S)

SECTION H - OTHER INFORMATION

1. Protection of Confidential Business Information

2. Publication of List of Applications

3. DOT Feedback on Applications

a. Debriefs during the Application Review Process

b. Debriefs for Applications Not Selected to Receive an Award

SECTION A - PROGRAM DESCRIPTION

1. Overview

Section 11118 of the BIL, enacted as the Infrastructure Investment and Jobs Act (IIJA (, Pub. L.

117-58, Nov. 15, 2021), established the BIP, which is codified at Title 23, United States Code (U.S.C.), Section 124. The purpose of the BIP is to provide financial assistance for a project to replace, rehabilitate, preserve, or protect one or more bridges on the National Bridge Inventory under 23 U.S.C. 144(b).

There are three funding categories of BIP funding: Planning Project, Bridge Project, and Large Bridge Project grants. The purpose of this NOFO is to solicit applications for the BIP Large Bridge Project grants. The The BIP funding opportunities for Planning Project and Bridge Project grant BIP funding opportunities will begrants were announced under a separate NOFO for combined FY 2023 through FY 2026 funds. The term “large bridge project” means an eligible project with total eligible project costs of greater than $100,000,000. See Section B.1 for the combined award amounts made available for both Large Bridge Project and Bridge Project grants for each of FYs 2023 through 2026.

a. Program Goals

The goals of the BIP are:

1. To improve the safety, efficiency, and reliability of the movement of people and freight over bridges;

2. To improve the condition of bridges in the United States by

a. Reducing the number of bridges in poor condition or in fair condition and at risk of falling into poor condition within the next three3 years,1

b. Reducing the total person miles traveled over bridges in poor condition, or in fair condition and at risk of falling into poor condition within the next three3 years,

c. Reducing the number of bridges that do not meet current geometric design standards, or cannot meet the load and traffic requirements typical of the regional transportation network, and

d. Reducing the total person miles traveled over bridges that do not meet current geometric design standards, or cannot meet the load and traffic requirements typical of the regional transportation network;

3. To provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects.

1 23 CFR490.409 provides definition and methodology for classifying bridges in Good, Fair, and Poor condition.

Bridge Condition is determined by the lowest rating of National Bridge Inventory condition ratings for Item 58 (Deck), Item 59 (Superstructure), Item 60 (Substructure), or Item 62 (Culvert). If the lowest rating is greater than or equal to 7, the bridge is classified as Good; if it is less than or equal to 4, the classification is Poor. Bridges rated 5 or 6 are classified as Fair.

b. BIP Program Requirements and Considerations

DOT will provide FY 2022 through FY 2026 BIP funds for Large Bridge Project grants consistent with the statutory language and the priorities described in this NOFO.2 See Section E.1 for Statutory Requirements, Considerations, and Priorities.

Eligible applicants should be aware that DOT may only make a grant to a Large Bridge Project if two conditions are met: (1) the project is reasonably expected to begin construction not later than 18 months after the date on which funds are obligated; and (2) preliminary engineering is complete for the project. See Section C.3.b for details on this requirement as well as Section B.4 for description of obligation for a BIP project.

Consistent with the selection criteria and evaluation process described in this notice, DOT seeks to award BIP funds to Large Bridge Project Grants based on bridge condition, cost effectiveness, project readiness, and other considerations (see Section E for details). DOT will prioritize applications of Large Bridge Project grants with a demonstrated need for a BIP grant of at least $100 million, with a total eligible project cost of at least $200 million (see Section E.1.h). In selecting BIP grants, DOT will consider geographic diversity among grant recipients, including the statutorily required project selection priorities discussed in Section E.1.g and the need for a balance between the needs of rural and urban communities (for details see Section D.2.c).

Per statutory requirements, during the period of FY 2022 through FY 2026, in each State from which an eligible project is submitted, DOT will award not fewer than one Large Bridge Project that is deemed justified or two Bridge Projects that are deemed justified. An award is not required to be made to an eligible project that was determined to not be justified under an evaluation. (23 U.S.C. 124(C)(5)(B)(ii) and (iii)). The States that have already met this statutory requirement are listed on FHWA's Website at BIP - Funding Programs - Management and Preservation - Bridges & Structures - Federal Highway Administration (dot.gov). The application review and selection process detailed in Section E.2 will take into account this requirement in order to reach the geographic coverage intended for the program. This will likely impact an applicant’s ability to receive BIP Large Bridge or Bridge Project awards if previous awards were made to projects located in their State. Priority will be given to applications from States that have not yet received awards for one Large Bridge Project or two Bridge Project applications, until every State has received one Large Bridge Project or two Bridge Project awards. This takes into account all applications received from eligible entities within a State listed in Section C.1.a. An awarded Large Bridge Project or Bridge Project that is located in multiple States will count as an award for all States where the project is located.

To the extent an eligible applicant is unsure if their proposed project will meet the statutory requirements for Large Bridge Project Grants, DOT encourages eligible applicants to not be dissuaded. If during the review FHWA determines an application should be considered for a

2 Proper maintenance is an affirmative responsibility of the States as required by 23 U.S.C 116.

Bridge Project or Planning grant, FHWA will notify the applicant of the determination and evaluate the application under the Planning and Bridge Project Grants NOFO for FY 2023 through FY 2026.

In addition, eligible applicants can apply to be considered for a future fiscal year BIP funding and should clearly specify in their application for which fiscal year funding they would like their project to receive funding. DOT will evaluate and consider these applications for future fiscal year BIP funding and will award selected applications after the application deadline for the applicable fiscal year BIP funding has passed, subject to availability of funds (see Section D).

a. Administration Priorities and Departmental Strategic Plan Goals

DOT seeks to fund projects under this NOFO that, in combination with the merit criteria, advance the following:

Safety:

The National Roadway Safety Strategy (NRSS) (issued January 27, 2022) commits DOT and FHWA to respond to the current crisis in traffic fatalities by “taking substantial, comprehensive action to significantly reduce serious and fatal injuries on the Nation’s roadways,” in pursuit of the goal of achieving zero highway deaths through a Safe System Approach.3 The outcomes that are anticipated from the projects funded by the BIP should align with NRSS.

Climate Change and Sustainability:

DOT seeks to fund projects under the BIP that reduce greenhouse gas emissions in the transportation sector, incorporate evidence-based climate resilience measures and features, reduce the lifecycle greenhouse gas emissions from the project materials, and avoid adverse environmental impacts to air or water quality, wetlands, and endangered species, and address the disproportionate negative environmental impacts of transportation on disadvantaged communities, consistent with Executive Order (E.O.) 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619) , and as identified by the Climate and Economic Justice Screening Tool or M-23-09.

3 https://www.transportation.gov/NRSS

Equity:

DOT seeks to award projects under the BIP that will create proportional impacts to all populations in a project area, remove transportation related disparities to all populations in a project area, and increase equitable access to project benefits, consistent with E.O. 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009).

Workforce Development, Job Quality, and Wealth Creation:

DOT intends to use the BIP to support the creation of good-paying jobs with the free and fair choice to join a union and the incorporation of strong labor standards and training and placement programs, especially registered apprenticeships, in project planning stages, consistent with E.O.

14025, Worker Organizing and Empowerment (86 FR 22829), and E.O. 14052, Implementation of the IIJA (86 FR 64335). DOT also intends to use the BIP Program to support wealth creation, consistent with DOT’s Equity Action Plan through the inclusion of local inclusive economic development and entrepreneurship such as the use of Disadvantaged Business Enterprises (DBE), Minority-owned Businesses, Women-owned Businesses, or 8(a) firms.

Section E of this NOFO, which outlines BIP Large Bridge Project grants selection criteria and describes the process for selecting projects that further these goals.. Section F.3 describes progress and performance reporting requirements for selected projects, including the relationship between that reporting and the program’s selection criteria, and the Administration’s goals as appropriate..

Applicants are advised to review this NOFO in its entirety before submitting an application.

2. Additional Information

DOT is committed to considering project funding decisions holistically among the various discretionary grant programs available in BIL.IIJA. In addition, DOT recognizes that applicants may be seeking funding from multiple discretionary grant programs and opportunities. An applicant may seek the same award amounts from multiple DOT discretionary opportunities or seek a combination of funding from multiple DOT opportunities.

The applicant should identify any other DOT programs or opportunities they intend to apply for (or use if the Federal funding is already available to the applicant), and what award amounts they will be seeking, in the appropriate sections in the application.

3. Changes from the FY 2022 Bridge Investment Program NOFO to FY 2023 through FY 2026 BIP Large Bridge Project Grants NOFO

a. Multi-Year Large Bridge Project Grants NOFO and Available Funding for Planning and

Bridge Grants

This FY 2023 through FY 2026 BIP Large Bridge Project Grants NOFO makes changes from the FY 2022 BIP NOFO to reflect the amount of funding available for each fiscal year through FY 2026 and is seeking applications for Large Bridge Project grants only. A separate NOFO will be issued for eligible entities seeking to submit applications for Planning Project grants and Bridge Project grants with a total eligible project cost of not greater than $100 million. As applicable, DOT can update this notice through a NOFO Amendment.

b. Application Templates and Merit Criteria

The Merit Criteria for Large Bridge Project grants have been revised to clarify what FHWA will evaluate under each criterion, as well as additional considerations for the evaluation of applications for FY 2023 through FY 2026 that will assist in providing clarity to the application and provide additional information. This NOFO updates the application review and selection criteria information found in Section E. Section D.2 also provides updated application templates that FHWA highly encourages applicants to use to provide project information.

c. Rolling Application Submission and Review Process; Amended Application Submission

Opportunity

For the FY 2023 through FY 2026 NOFO, eligible applicants may submit an application for funding for a specific fiscal year of funding at any time up to the application deadline for that fiscal year. Section D.4 provides the fiscal year application deadlines. Unless the applicant requests a specific future year of funding, applications submitted after a fiscal year application deadline will be considered for the next round of funding after the announcement of projects selected to receive a BIP award for the current round of funding. For example, an application submitted after November 27, 2023December 4, 2023, will be reviewed after projects selected to receive FY 2023 and FY 2024 BIP awards have been announced.

After receipt, FHWA will review the application in accordance with Section E.1 of this NOFO.

FHWA will make every effort to (1) complete the initial eligibility screening within 30 calendar days and (2) complete the Merit Criteria, Economic Analysis Rating, and Project Readiness Rating within 90 calendar days. This timeframe is not guaranteed and is dependent on the number and quality of applications received. If, after the initial eligibility screening, an application is determined to be ineligible, applicants will have an opportunity to submit an amended application as described in this section and E.2. Applicants will be allowed to submit only one amended application to address an ineligible determination.

For all applications determined to be eligible, including amended applications, after FHWA completes the Merit Criteria, Economic Analysis Rating, and Project Readiness Rating, all applicants will have an opportunity to submit an amended application as described in this section and in Section E.2. Applicants will be allowed to submit only one amended application to address an overall application rating. However, when an amended application to address an eligibility issue advances to the Merit Criteria, Economic Analysis Rating, and Project Readiness Rating, the applicant can submit an amended application to address the application’s overall application rating.

Applicants that elect to submit an amended application at either stage of the review process must do so within 14 calendar days from the date FHWA notified the applicant of the ineligibility determination or overall application rating or from the date of a debrief as described in this section and in Section E.2. FHWA’s notification to the applicant on the eligibility determination or the overall application rating will not include detailed information beyond the final application rating.

Applicants that would like to receive more information are encouraged to request a debrief within 14 calendar days from the date FHWA notified the applicant.

For applications reviewed during the FY 2025 application cycle, including applications from FY 2023 – FY 2024 application cycle that were carried forward, applicants will be notified of this amended NOFO and provided 14 days to notify FHWA to retain their existing application, submit an amended application, or withdraw the application from consideration in the FY 2025 application cycle. All applications will have ratings adjusted in accordance with this amended NOFO. New applications submitted after August 1, 2024 are not being considered in the FY 2025 application cycle.

FHWA will not review any amended applications submitted after February 26, 2024, for FY 2023 and FY 2024 BIP funding, June 16, 2025, for FY 2025 BIP funding, and November 1 of each calendar year (2024 and 2025) through November 1, 2025. for FY 2026 BIP funding. The last date an applicant will be notified of an ineligible application, or the overall application rating, will be January 26, 2024, for FY 2023 and FY 2024 BIP funding and October 1 of each calendar year (2024 and 2025) through 2025.

BIP Fiscal Year of Funding

FHWA Applicant Notification Deadline3

Amended Application Submission Deadline34

FY 2023 – FY 2024 January 26, 2024 February 26, 2024 FY 2025 October 1, 2024 November 1, 2024

Amended Application Deadline: June 16, 2025

FY 2026 October 1, 2025 November 1, 2025

d. Disposition of Applications

i. Highly Recommended and Recommended Applications Not Selected to Receive an Award

All Highly Recommended and Recommended applications not selected to receive an award under the fiscal year requested in the application will be carried forward for consideration under the next fiscal year of BIP funding. However, if there are any changes to the project, including but not

3 If these dates fall on a weekend, the deadline date will be on the following business day.

Formatted: Footnote Reference limited to scope, schedule, and budget, an applicant must submit an amendment to the application by the application deadline for the next fiscal year. Applicants are encouraged to submit a summary of all changes with the updated application. The applicant is also responsible for updating an application should an amended NOFO be issued.

ii. Ineligible and Not Recommended Applications

All sponsors of applications, including amended applications, that receive a final ineligibility determination or Not Recommended rating must submit a new application for any future fiscal year of BIP funds. Applicants who are planning to re-apply for the BIP Program using materials prepared for prior competitions should ensure that their new BIP application fully addresses the criteria and considerations described in this NOFO and that all relevant information is up to date and submitted in the proper format.

SECTION B - FEDERAL AWARD INFORMATION

1. Award Amount Available

The BILIIJA provided a total of up to $9.62 billion in FYs 2023 through 2026 BIP funds for Large Bridge Project grants and Bridge Project grants funding opportunities. These funds are available in part through the Highway Infrastructure Program (HIP), which is appropriated funding out of the General Funds (GF) of the U.S. Treasury (HIP GF), as well as through the Federal-aid highway program, which is appropriated funding out of the Highway Trust Funds (HTF), as detailed in the table below. Funds cannot be obligated before the fiscal year in which they are made available. As such, as much as $4.73 billion of the funds in the table can be obligated before FY 2025 FHWA is no longer soliciting applications for Fiscal Years 2022 through 2024.

BIP Fiscal Year Funding4

FY 2023 FY 2024 FY 2025 FY 2026

HIP GF5

$1,779,295,000 $1,779,295,000 $1,779,295,000 $1,779,295,000

HTF6

$543,920,000 $630,000,0007 $653,000,00078 $676,000,00078

Total Available for Large Bridge and Bridge Projects

$2,323,215,000 $2,409,295,000 $2,432,295,000 $2,455,295,000

2. Award Size

For Large Bridge Project grants, a BIP grant shall be in an amount that is adequate to fully fund the project (in combination with other financial resources identified in the application) and not less than $50 million, with a maximum award amount of not more than 50 percent of the total eligible project costs. Large Bridge Project grants have non-Federal matching requirements as described in Section C.2.

4 Funding amounts may be adjusted based on scheduled or projected payments for projects under multiyear grant agreements.

5 Of the $1.847 billion in advance appropriations from the General Fund amount for each fiscal year of IIJA, $20 million set-aside for Tribal transportation facility bridges, $20 million set-aside for Planning grants, and $27.705 million set-aside for operations and administrations of FHWA per fiscal year were excluded.

6 The HTF amount is calculated as the authorized contract authority from IIJA less a set-aside for Tribal transportation facility bridges and an amount due to the imposition of the annual obligation limitation. For FY 2023 BIP funding, the amount is $640 million authorized less a set-aside of $18 million for Tribal transportation facility bridges and about $78 million due to the imposition of the annual obligation limitation.

7 The FYs 2024, 2025, 2026 HTF amounts are subject to the imposition of the annual obligation limitation in future Appropriation Acts by Congress.

3. Statutory FY 2022 – FY 2026 Funding Provisions

a. Large Bridge Project

DOT shall use at least 50 percent of funds made available out of the HTF to carry out this program for Large Bridge Project grants. These amounts are $320 million, $325 million, $337.5 million, and $350 million in FYs 2023, 2024, 2025, and 2026, respectively, before set-asides for Tribal transportation facility bridges and the imposition of the annual obligation limitation.

A Large Bridge Project that receives a grant under this program of at least $100 million may be carried out through a multi-year grant agreement.8 A multi-year agreement will be established to describe the terms of participation by the Federal Government in the project, the maximum amount of Federal financial assistance for the project, a payout schedule for the project (providing for disbursement of the full grant amount within four fiscal years after the fiscal year in which the initial amount is provided), and the period of time for completing the project, and to provide timely and efficient management of the project. A multi-year grant award may include a commitment, contingent on amounts to be specified in law, from future available budget authority. Interest and other financing costs of carrying out a project within a reasonable time frame shall be considered a cost of carrying out the project under a multi-year agreement. Interest and other financing costs shall be of the most favorable financing terms reasonably available, and the applicant shall certify to DOT that the applicant carried out reasonable diligence in seeking favorable financing terms.

b. Culvert Limitation

DOT may award no more than 5 percent of funds made available for each fiscal year for the BIP to eligible projects solely consisting of culvert replacement or rehabilitation (23 U.S.C. 124(c)(6)).

The culverts are required to be on the National Bridge Inventory under 23 U.S.C. 144(b).

c. Unused Amounts

Of the amounts made available out of the HTF for FYs 2022 through 2026, not less than 50 percent in the aggregate shall be used for BIP Large Bridge Project grants (23 U.S.C. 124(p)(1)). If, in FY 2026, the Secretary determines that grants under the BIP will not meet this requirement, the Secretary shall use the unused amounts to make other grants under the program during FY 2026, consistent with 23 U.S.C. 124(p)(2).

d. Prohibited Use

Grant funds may not be used to support or oppose union organizing.

8 23 U.S.C. 124(j) authorizes the use of multi-year grant agreements for Large Bridge Project Grants. Those agreements may include a commitment, contingent on amounts to be specified in law in advance for such commitments, to provide future year funds.

4. Availability of Funds

The BIP funds are available for obligation for a total of four years (the fiscal year in which they are provided plus three additional years). For example, the FY 2023 BIP funds are available for obligation through September 30, 2026. Obligation of BIP grant funds occurs when a selected applicant enters a grant agreement (or a project agreement which is a type of grant agreement as described in Section B.5 (Type of Award) with FHWA. For construction, this is generally after the applicant has satisfied applicable administrative requirements, including transportation planning and environmental review requirements.

Once obligated, HIP GF grant funds may be used to reimburse a recipient only for eligible costs incurred up to five years after the obligation deadline, whereas HTF funds do not have an expenditure deadline. For example, FY 2023 BIP funds from HIP GF must be expended by September 30, 2031. BIP funds remain available for obligation and expenditure as follows:

BIP

Fiscal Year

Funding

HIP GF Period of Availability for HTF Period of Availability for

Obligation Deadline (Lapse)

Expenditure Deadline

(Cancellation)

Obligation

(Lapse)

Expenditure

FY 2023 Sep. 30, 2026 Sep. 30, 2031 Sep. 30, 2026 Available until expended

FY 2024 Sep. 30, 2027 Sep. 30, 2032 Sep. 30, 2027 Available until expended

FY 2025 Sep. 30, 2028 Sep. 30, 2033 Sep. 30, 2028 Available until expended

FY 2026 Sep. 30, 2029 Sep. 30, 2034 Sep. 30, 2029 Available until expended

Any such amounts not obligated within the period of availability for obligation shall lapse. Once the period of availability for obligation has expired, BIP funds will only remain available for adjusting and liquidating obligations as authorized in accordance with 31 U.S.C. 1553. Obligated BIP balances from HIP GF are available for expenses properly charged to the account and incurred until the cancellation of the funds, which occurs 5 years after lapse as shown in the table above.

After the dates of availability for expenditure, any unexpended balances of obligated HIP GF BIP funds shall be de-obligated. Any such funds that have not been expended are then cancelled and returned to the U.S. Treasury in accordance with 31 U.S.C. 1552 and shall no longer be available for obligation or expenditure.

In addition, a Large Bridge Project that received a grant in an amount not less than $100,000,000 may be carried out through a multiyear grant agreement using funding available in future fiscal years.810 The BIP Large Bridge Project funding category has specific funding restrictions. Refer to Section D.6 for greater detail on funding restrictions.

5. Type of Award If the successful applicant is a State department of transportation (State DOT) or a State DOT will serve as a pass-through entity to a non-State DOT entity, BIP funds will be awarded upon the execution of a project agreement, which is a type of grant agreement for administration of funds to a State DOT in the Fiscal Management Information System (FMIS).

If the successful applicant is a non-State DOT, funds will be awarded upon the execution of a grant agreement with FHWA. A determination will be made if the successful applicant will administer the project or if the successful applicant included a request for an applicable State DOT, FHWA Federal Lands Highway Division, Federal Lands Management Agency (FLMA), or Tribal government to administer the project.

The anticipated award(s) will be cost-reimbursable grant agreements.

6. Period of Performance If a grant recipient will be a State DOT or if a State DOT will serve as a pass-through to a non- State DOT entity awarded a grant, DOT Payment System will be “Current Bill” in FMIS and the start of the period of performance will begin on the date BIP funds are authorized in FMIS and end on the project end date in FMIS.

If a grant recipient will be a non-State DOT entity, DOT Payment System will be “DELPHI eInvoicing” and theThe start of the period of performance will begin on the date the grant agreement is executed by FHWA, which will obligate the BIP funds, and end according toon the period of performance listedend date in the grant agreement.

SECTION C - ELIGIBILITY INFORMATION

To be selected for a BIP Large Bridge grant, an applicant must meet the eligibility requirements under this Section C including: Eligible Applicant; Eligible Project; Statutory Award Size and non- Federal Match requirements; Construction Start Date After BIP Funds Obligation; Preliminary Engineering Completion; Maintenance Commitment; Bike and Pedestrian Accommodation; Asset Management Plan; Eligible Project Costs; and Requirement for Consideration of BIP Grants per State. Applications that do not meet all threshold eligibility requirements will not be evaluated under the Merit Criteria, Economic Analysis Rating, and Project Readiness Rating in Section E.

1. Eligible Applicants

a. Eligible Applicants

Eligible Applicants (23 U.S.C. 124(d))

1. A State or a group of States;9

2. A metropolitan planning organization that serves an urbanized area (as designated by the Bureau of the Census) with a population over 200,000;

3. A unit of local government or a group of local governments;

4. A political subdivision of a State or local government;

5. A special purpose district or a public authority with a transportation function;

6. A Federal land management agency;

7. A Tribal government or a consortium of Tribal governments; and

8. A multi-State or multijurisdictional group of entities as described above in 1 – 7.

b. Joint Applications

Multiple States or a multijurisdictional group that submits a joint application should identify a lead applicant as the primary point of contact (POC). The lead applicant must be an eligible applicant.

Joint applications should include a description of the roles and responsibilities of each applicant and should be signed or include a letter of support by each applicant. If selected, the lead applicant

9 The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico (23 U.S.C. 101(a)(28)).

will be the recipient of the grant funds and will be responsible for financial administration of the project.

2. Award Size and non-Federal Matching Requirements

Awards of BIP funds for Large Bridge Project grants may not exceed 50 percent of total eligible project costs (see Section B.2 Award Size). Per 23 U.S.C. 124(c)(4), Federal assistance other than a BIP award may be combined with a BIP award, in which case total Federal assistance for a BIP project may not exceed the Federal share for the project under 23 U.S.C. 120.10

In the case of an eligible project for an off-system bridge, as defined under 23 U.S.C.

133(f)(1) as a highway bridge11 located on a public road that is not a Federal-aid highway,12 Federal assistance other than a BIP award may be combined with a BIP award, as long as the total Federal assistance provided for such project does not exceed 90 percent of the total eligible project costs.

Unless otherwise authorized by statute, non-Federal match may not be counted as non-Federal share for both a BIP grant and another Federal program. For example, for a Large Bridge project that receives both a BIP award and a Mega program award under the Multimodal Project Discretionary Grant Program,13 and that has a Federal share of 80 percent under 23 U.S.C. 120, the project would need to provide a non-Federal match of 20 percent. An example of a Federal program that may be used for the local match is the Transportation Infrastructure Finance and Innovation Act (TIFIA) Program. (See 23 U.S.C. 603(b)(8)).

For a project under BIP, DOT cannot consider previously incurred costs or previously expended or encumbered funds towards the matching requirement. Matching funds are subject to the same Federal requirements as BIP funds.

Non-Federal sources include State funds originating from programs funded by State revenue, local funds originating from State or local revenue-funded programs, private funds, or other funding sources of non-Federal origin. For each project that receives a grant under this NOFO, DOT

10 https://www.fhwa.dot.gov/infrastructure-investment-and-jobs-act/fedshare_fact_sheet.cfm 11 Although 23 U.S.C. 133(f)(1) includes low water crossing in the definition of “off-system bridge,” 23 U.S.C.

124(a)(1)(A) defines an eligible project as a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 23 U.S.C. 144(b). Because a low water crossing is not considered a bridge under 23 CFR 650.305, such structures are not included in the National Bridge Inventory. Therefore, a low water crossing is not eligible for BIP funding.

12 23 U.S.C. 133(f)(1) defines an “off-system bridge” as a highway bridge or low water crossing located on a public road that is not a Federal-aid highway. “Federal-aid highway” is defined in 23 U.S.C. 101(a)(6) as a public highway eligible for assistance under chapter 1 of 23 U.S.C. other than a highway functionally classified as a local road or rural minor collector. Therefore, an off-system bridge is a bridge whose Item 26 (Functional Classification) from the National Bridge Inventory is coded either 08, 09, or 19 whereas, on-system bridges are those bridges coded 01, 02, 06, 07, 11, 12, 14, 16, or 17.

13 https://www.transportation.gov/grants/mpdg-NOFO-2023-2024 expects the project to be completed using at least the amount of non-Federal funding that was specified in the application.

For projects under the program of an FLMA,a Federal Land Management Agency (FLMA), a Tribal government, or a consortium of Tribal governments, non-BIP Grant funds may be used to pay the remaining share of the cost of a BIP project and there are no maximum Federal involvement limitations, i.e., Federal funds other than those from the BIP may be used to satisfy 100 percent of the non-Federal share (see 23 U.S.C. 124(c)(4)(C)).

Additional information on non-Federal matching requirements can be found at https://www.fhwa.dot.gov/legsregs/directives/policy/memonfmr_tapered20190515.htm.

3. Eligible Projects

a. Eligible Projects

Large Bridge Project: A project with a total eligible project costs of greater than $100 million (See 23 U.S.C. 124(a)(2)).

1. A project to replace, rehabilitate, preserve, or protect one or more bridges on the National Bridge Inventory under 23 U.S.C. 144(b)14 (See 23 U.S.C. 124(a)(1)(A))

2. A project under the BIP Program includes bridge bundling1415 and culverts15 (23 U.S.C.

124(a)(1)(B))

“Replacement” is defined in Specifications for the National Bridge Inventory as total replacement of a bridge with a new facility constructed in the same general traffic corridor. A nominal amount of approach work, sufficient to connect the new facility to the existing roadway or to return the gradeline to an attainable touchdown point in accordance with good design practice, is also eligible.

Please refer to the Additional Guidance on approach work:

https://www.fhwa.dot.gov/bridge/0650dsup.cfm. The replacement structure must meet the current geometric, construction and structural standards required for the types and volume of projected traffic on the facility over its design life.

“Rehabilitation” is defined in 23 CFR 650.305 as the major work required to restore the structural integrity of a bridge as well as work necessary to correct major safety defects. Examples of bridge

14 This includes a bundle of projects, regardless of whether the bundle of projects meets the requirements of 23 U.S.C.

144(j)(5), which removes the requirement of the bundled projects having similar Federal and local share matches.

Bridge Bundling is the use of a single contract award for preservation, preventive maintenance, rehabilitation, or replacement of multiple bridges. Guidance on bridge bundling can be found in the Bridge Bundling Guidebook at https://www.fhwa.dot.gov/ipd/pdfs/alternative_project_delivery/bridge_bundling_guidebook_070219.pdf.

15 This includes projects to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species. The culverts are required to be on the National Bridge Inventory under 23 U.S.C. 144(b).

Formatted: Footnote Reference, Border: : (No border) rehabilitation include but are not limited to: partial or complete deck replacement, superstructure replacement, substructure/culvert strengthening or partial/full replacement, structure widening, or major modification to substantial portions of the bridge.

“Preservation” of bridges is defined in FHWA’s Bridge Preservation Guide as actions or strategies that prevent, delay, or reduce deterioration of bridges or bridge elements; restore the function of existing bridges; keep bridges in good or fair condition; and extend their service life.

“Protection” of bridges includes, as stated in 23 U.S.C. 133(b)(9), painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events.

Bridges applying for BIP Large Bridge Project grants, including each of the bridges in a bundle of projects, should be on the National Bridge Inventory. To be eligible, all the bundled bridges should be advertised on the same bridge project contract. In addition, each bridge in the bundle should meet the project eligibility criteria for the bundled project to be eligible for BIP funding.

b. Eligible Project Requirements

16 For BIP, construction start date means the anticipated date of project mobilization for physical construction.

17 Under 23 U.S.C. 124(e)(3), the Secretary may make a grant under BIP only to an eligible entity for a project that is based on the results of preliminary engineering. Although a project may be selected to receive a BIP grant for construction, DOT will not make the grant funds available until all applicable Federal requirements have been met, Eligible Project Requirements for BIP Awards Large Bridge

Project Instructions

1. The project is reasonably expected to begin construction not later than 18 months after the date on which BIP funds are obligated for the project.

(23 U.S.C. 124(e)(2))

Please provide expected date of obligation (see Section B.4) of BIP funds and construction start date,16 referencing project budget and schedule as needed. If the project has multiple independent components, or will be obligated and constructed in multiple phases, please provide sufficient information to show that each component meets this requirement. DOT will base its determination on the project risk as assessed according to the Project Readiness Rating consisting of Environmental Risk, Financial Completeness, and Technical Assessments.

2. Preliminary engineering is complete for the project.17 (23 U.S.C. 124(e)(3))

For a project or independent project component to be based on the results of preliminary engineering, please indicate which of the following activities have been completed as of the date of application submission:

• Environmental Assessments

• Topographic Surveys

c. Additional Eligibility Requirements

In addition to meeting the BIP statutory project eligibility requirements, applicants for Large Bridge Project grants must specifically address threetwo 23 U.S.C.