693JJ324NF00006 - BIP Planning and Bridge Projects NOFO-December 2024.pdf

693JJ324NF00006

FISCAL YEARS 2023 – 2026

BRIDGE INVESTMENT PROGRAM

PLANNING AND BRIDGE PROJECT GRANTS

Opening Date: December 20, 2023

SUMMARY OVERVIEW OF KEY INFORMATION: Fiscal Years 2023 through 2026 Bridge Investment Program, Planning and Bridge Project Grants Issuing Agency

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

(FHWA).

Program Overview

Provide financial assistance for a project to replace, rehabilitate, preserve, or protect one or more bridges on the National Bridge Inventory (NBI) under 23 U.S.C. 144(b).

The purpose of this notice is to solicit applications for two funding categories:

(1) Planning and (2) Bridge Project grants (a project with total eligible costs not greater than $100 million) for awards under the Bridge Investment Program (BIP).

Objective The goals of the program are to 1) improve the safety, efficiency, and reliability of the movement of people and freight over bridges; 2) improve the condition of bridges in the United States; and 3) provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects.

Eligible Applicants

1. A State or a group of States;

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 (FLMA);

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.

Note: 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).

Eligible Project Types

Bridge Project grants:

1. Project to replace, rehabilitate, preserve, or protect one or more bridges on the NBI under 23 U.S.C. 144(b) (See 23 U.S.C. 124(a)(1)(A))

2. A project under the BIP Program includes bridge bundling and culverts (23 U.S.C. 124(a)(1)(B))

Planning grants: Project for planning, feasibility analyses, and revenue forecasting associated with the development of a project that would subsequently be eligible to apply for assistance under the BIP (See Division J, Title VIII of BIL)

Funding Bridge Project grants: A total of up to $9.62 billion in FYs 2023 through 2026 BIP funds for the Large Bridge Project grants and Bridge Project grants funding opportunities. Awards of BIP funds for Bridge Project grants may not exceed 80 percent of total eligible project costs.

Planning grants: A total of up to $20 million each in FYs 2023 through 2026 BIP funds for the Planning grant funding opportunity. There is no maximum or minimum award size.

Deadline Bridge Project grants: For FY 2023 and FY 2024 funds, applications must be submitted by 11:59 p.m. EST on March 19, 2024

Planning grants: For FY 2023 and FY 2024 funds, applications must be submitted by 11:59 p.m. EST on February 19, 2024

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.

https://www.fhwa.dot.gov/bridge/bip/index.cfm http://www.grants.gov/

U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

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

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

(FHWA).

ACTION: Notice of Funding Opportunity (NOFO).

SUMMARY: The purpose of this notice is to solicit applications for two funding categories:

(1) Planning and (2) Bridge Project grants (a project with total eligible costs not greater than $100 million) for awards under the Bridge Investment Program (BIP). This notice establishes a “rolling application” process for Planning and 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 $9.7 billion (see section B.1 for details for funds available for each fiscal year). FHWA is soliciting applications for the other BIP project category in a separate NOFO available on Grants.gov, listing number 693JJ323NF00019: Large Bridge Project (a project with total eligible costs greater than $100 million).

Planning grant funds will be awarded on a competitive basis for planning, feasibility analyses, and revenue forecasting associated with the development of a project that would be subsequently eligible to apply for assistance under the BIP.1

Bridge Project funds will be awarded on a competitive basis for bridge replacement, rehabilitation, preservation, and protection projects with total eligible costs of not 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 (23 U.S.C. 124(b)). 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.

1 BIL, Division J, Title VIII, Highway Infrastructure Program heading, paragraph (4), third proviso.

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

DATES:

Planning Applications: For FY 2023 and FY 2024 funds, applications must be submitted by 11:59 p.m. EST on February 19, 2024. For FY 2025 funds, applications must be submitted by 11:59 p.m. EDT on October 1, 2024. For FY 2026 funds, applications must be submitted by 11:59 p.m. EDT on October 1, 2025. See Section D.4 for important dates and deadlines for FYs 2023 – 2026 applications.

Bridge Project Applications: For FY 2023 and FY 2024 funds, applications must be submitted by 11:59 p.m. EST on March 19, 2024. For FY 2025 funds, applications must be submitted by 11:59 p.m. EDT on November 1, 2024. For FY 2026 funds, applications must be submitted by 11:59 p.m. EDT on November 1, 2025.

The Grants.gov “Apply” function will open by December 20, 2023 for both funding categories and will close after March 1, 2026.

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 Planning and 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.

https://www.grants.gov/ https://www.grants.gov/

FOR FURTHER INFORMATION CONTACT:

Angela Jones Agreement Specialist Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Email (preferred): BridgeInvestmentProgram@dot.gov Phone: 202-366-4255

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 (preferred): BridgeInvestmentProgram@dot.gov Phone: 202-493-2402

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 FHWA 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 mailto:BridgeInvestmentProgram@dot.gov mailto:BridgeInvestmentProgram@dot.gov mailto:BridgeInvestmentProgram@dot.gov cut-off dates for consideration for both BIP Planning and Bridge Project Grants funding categories and Section E (Application Review Information), which describes how DOT will select among eligible applications for both funding categories.

Each section of this notice contains information and instructions relevant to the application process for the BIP Planning and Bridge Project Grants funding categories. 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, 424C, 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

c. Administration Priorities and Departmental Strategic Plan Goals

2. Additional Information

3. Changes from the FY 2022 NOFO

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

b. Application Templates and Merit Criteria

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

d. Disposition of Bridge Project Grant Applications

SECTION B - FEDERAL AWARD INFORMATION

1. Award Amount Available

2. Award Size

3. Statutory FY 2022 – FY 2026 Funding Provisions

a. HTF Amounts Available for Bridge Project Grants

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 – Bridge Project Grants

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. Planning

b. Bridge Project

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 Planning and 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 – Bridge Project Grants Only

b. Debriefs for Applications Not Selected to Receive an Award

SECTION A - PROGRAM DESCRIPTION

1. Overview

Section 11118 of the BIL, enacted as the 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 NBI under 23 U.S.C. 144(b).

There are three funding categories of BIP funding: Planning, Bridge Project, and Large Bridge Project grants. The purpose of this NOFO is to solicit applications for the BIP Planning and Bridge Project Grants. The Large Bridge Project grant BIP funding opportunity was announced under a separate NOFO (available on Grants.gov, listing number 693JJ323NF00019) for combined FY 2023 through FY 2026 funds. The term “bridge project” means an eligible project with total eligible project costs of not greater than $100,000,000. See Section B.1 for the combined award amounts made available for Large Bridge Project, Bridge Project, and Planning grants for each of FYs 2023 through 2026.

Title VIII of Division J of BIL provides funding for Planning grants from FY 2023 through FY 2026 for planning, feasibility analyses, and revenue forecasting associated with the development of a project that would be subsequently eligible to apply for assistance under the BIP for a Bridge or Large Bridge Project Grant.

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 3 years,2

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 3 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

2 23 CFR 490.409 provides definition and methodology for classifying bridges in Good, Fair, and Poor condition.

Bridge Condition is determined by the lowest rating of NBI 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.

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.

b. BIP Program Requirements and Considerations

DOT will provide FY 2022 through FY 2026 BIP funds for Planning and Bridge Project Grants consistent with the statutory language and the priorities described in this NOFO.3 See Section E.1 for Statutory Requirements, Considerations, and Priorities.

Eligible applicants should be aware that DOT may only make a grant to a 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 BIP 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.

For Planning grants, consistent with the selection criteria and evaluation process described in this notice, DOT seeks to award BIP funds to projects based on an application’s evaluation of meeting BIP Program goals, and the project description, schedule, and budget. Upon successful and timely completion of a Planning grant project, project sponsors may apply for a BIP Bridge Project or Large Bridge Project grant. As noted in Section E, during the period of FY 2022 through FY 2026, the Secretary will consider geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities in accordance with 23 U.S.C. 124(c)(5)(A)(vii).

For Bridge Project grants, consistent with the selection criteria and evaluation process described in this notice, DOT seeks to award BIP funds to projects based on bridge condition, cost effectiveness, project readiness, and other considerations (see Section E for details). In selecting Bridge Project grants, DOT will consider geographic diversity among grant recipients, including the Statutory 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).

3 Proper maintenance is an affirmative responsibility of the States as required by 23 U.S.C 116. FHWA’s memorandum of February 24, 2023, updated Policy on Using Bipartisan Infrastructure Law Resourced to Build a Better America Policy (BBAM), available at Bipartisan Infrastructure Law - Building a Better America – Policy Framework | Federal Highway Administration (dot.gov), will help achieve these important goals. In addition, the BBAM is consistent with the BIL and recently issued Presidential Executive Orders (E.O.), including, E.O. 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619); E.O. 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009); and E.O. 14030 Climate Related Financial Risk (86 FR 27967).

https://www.fhwa.dot.gov/bipartisan-infrastructure-law/using_bil_resources_build_better_america.cfm https://www.fhwa.dot.gov/bipartisan-infrastructure-law/using_bil_resources_build_better_america.cfm

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 statutory requirement in order to reach the geographic coverage intended for the program, and 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. This statutory priority consideration is not applicable for Planning grants and the award of a Planning grant for a project located in a State will not affect this requirement for Large Bridge Project or Bridge Project awards.

To the extent an eligible applicant is unsure if their proposed project will meet the statutory requirements for Bridge Project grants, DOT encourages eligible applicants not to be dissuaded.

If during the review FHWA determines an application should be considered for a Large Bridge Project or Planning grant, FHWA will notify the applicant of the determination and evaluate the application under this NOFO for a Planning grant or under the Large Bridge Project Grants NOFO (available on Grants.gov, listing number 693JJ323NF00019) 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).

c. 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.4 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 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.

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 Planning and Bridge Project Grants selection criteria, 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

4 https://www.transportation.gov/NRSS https://screeningtool.geoplatform.gov/ https://www.transportation.gov/NRSS

DOT is committed to considering project funding decisions holistically among the various discretionary grant programs available in BIL. 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 NOFO

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

Large Bridge Grants

This FY 2023 through FY 2026 BIP Planning and 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 Planning and Bridge Project Grants only. A separate NOFO was issued for eligible entities seeking to submit applications for Large Bridge Project grants with a total eligible project costs 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 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 a Planning or Bridge Project grant 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 specific to each funding category. 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, a Planning grant application submitted after February 19, 2024, or a Bridge Project application submitted after March 19, 2024, will be reviewed after projects selected to receive the respective FY 2023 and FY 2024 BIP awards have been announced.

After receipt, FHWA will review the Planning or Bridge Project grant application in accordance with the criteria in Section E.1 and follow the review and selection process for the applicable funding category as described in Section E.2 of this NOFO.

i. Planning Grant Applications

Planning grant applications that are determined to be ineligible after the initial eligibility screening or rated Not Recommended after the Merit Criteria review may not be amended and resubmitted for the current round of BIP funding. These applications must be submitted as a new BIP application to be considered for the next round of BIP funding. 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.

ii. Bridge Project Grant Applications

For Bridge Project grant applications, 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 120 calendar days. This timeframe is not guaranteed and is dependent on the number and quality of applications received.

A. Eligibility Determinations

If, after the initial eligibility screening, a Bridge Project grant application is determined to be ineligible on any basis other than compliance with accommodations for bicyclists and pedestrians under Section C.3.c.ii of this NOFO, the application will be determined to be ineligible. This determination is final. Applicants will not be notified of this determination and will not have an opportunity to submit an amended application as described in this section.

For Bridge Project grant applications determined to be ineligible solely on the basis of not meeting the requirements for accommodation of bicyclists and pedestrians under Section C.3.c.ii of this NOFO, these applicants will have an opportunity to submit an amended application. The applicants will be allowed to submit only one amended application to address the accommodation of bicyclists and pedestrians under Section C.3.c.ii. Applicants that elect to submit an amended application must do so within 14 calendar days from the date FHWA notified the applicant of the ineligibility determination as described in this section and in Section E.2.

FHWA’s notification to the applicant of an ineligibility determination will include information about the basis for finding the application ineligible under Section C.3.c.ii. For Bridge Project grant applications, FHWA will not review any amended applications submitted after March 1 of each calendar year (2025 and 2026) through March 1, 2026. The last date an applicant will be notified of the eligibility rating is February 1 of each calendar year (2025 and 2026) through February 1, 2026. If, after evaluation of the amended application, the application is determined to be eligible, the application will move forward for review under Section E.1. of this NOFO.

These applicants will have an additional opportunity to submit an amended application, as applicable, as described in Section A.3.c.ii.B and Section E.2.

B. Merit Criteria Determinations

If, after the completion of the evaluation of an eligible application against the Merit Criteria an application is rated Not Recommended, that determination will be final, and applicants will not have an opportunity to submit an amended application as described in this section and E.2.

However, applicants may submit a new BIP application to be considered for future fiscal years of BIP funding as described in Section A.3.d. Only those eligible Bridge Project grant applications that receive a medium or higher rating for Merit Criteria will be advanced to have an Economic (benefit-cost) Analysis Rating and a Project Readiness Rating completed as described in Section E.1. Therefore, Bridge Project grant applications that receive either a low or medium-low rating for Merit Criteria will not be evaluated for the Economic (benefit-cost) Analysis Rating nor the Project Readiness Rating.

For all Bridge Project grant applications determined to be eligible and that receive a medium or higher rating for Merit Criteria, after FHWA completes the Merit Criteria, Economic Analysis Rating, and Project Readiness Rating reviews, FHWA will provide feedback and/or share the outcome/rating of the evaluation with the applicant, and 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.

Applicants that elect to submit an amended application must do so within 14 calendar days from the date FHWA notified the applicant of the 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 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 Bridge Project grants, FHWA will not review any amended applications submitted after July 17, 2024, for FY 2023 and FY 2024 BIP funding and March 1 of each calendar year (2025 and 2026) through March 1, 2026. The last date an applicant will be notified of the overall application rating, will be June 17, 2024, for FY 2023 and FY 2024 BIP funding and February 1 of each calendar year (2025 and 2026) through February 1, 2026.

BIP Fiscal Year of Funding for Bridge Project Grants

FHWA Applicant Notification Deadline5

Amended Application Submission Deadline5

FY 2023 – FY 2024 June 17, 2024 July 17, 2024 FY 2025 February 1, 2025 March 1, 2025 FY 2026 February 1, 2026 March 1, 2026

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

d. Disposition of Bridge Project Grant Applications

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

All Highly Recommended and Recommended Bridge Project grant 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 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 Bridge Project Grant Applications

All sponsors of Bridge Project grant 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 BIL provided a total of up to $20 million each in FYs 2023 through 2026 BIP funds for the Planning grant funding opportunity. In addition, the BIL provided a total of up to $9.62 billion in FYs 2023 through 2026 BIP funds for the 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 budget authority out of the General Funds (GF) of the U.S. Treasury, as well as through the Federal-aid highway program, which is authorized contract authority out of the Highway Trust Fund (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 $4.77 billion of the funds in the table can be obligated before FY 2025.

BIP Fiscal Year Funding6

FY 2023 FY 2024 FY 2025 FY 2026

HIP GF7

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

HTF8

$543,920,000 $630,000,0009 $653,000,0009 $676,000,0009

Total Available for Large Bridge and

Bridge Project Grants

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

Total Available for Planning Grants

(HIP GF)

$20,000,000 $20,000,000 $20,000,000 $20,000,000

2. Award Size

6 Funding amounts may be adjusted based on scheduled or projected payments for Large Bridge project grants under multiyear grant agreements.

7 Of the $1.847 billion in advance appropriations for the HIP for each fiscal year of BIL, $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.

8 The HTF amount is calculated as the authorized contract authority from BIL 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.

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

For BIP Planning grants there is no minimum or maximum BIP award amount size; however, the cost of the ultimate construction project (the project that will apply for a Bridge Project or a Large Bridge Project grant) must be no less than $3.125 million.10

For Bridge Project grants, a BIP grant shall be in an amount that is adequate to fully fund the project (in combination with other funding resources identified in the application) and not less than $2.5 million, with a maximum award amount of not more than 80 percent of the total eligible project costs. The $2.5 million minimum BIP award size for Bridge Project grants equates to a minimum $3.125 million in total eligible project costs in order to meet the non- Federal match requirement and minimum BIP award size. Both Planning and Bridge Project Grants have non-Federal matching requirements as described in Section C.2.

3. Statutory FY 2022 – FY 2026 Funding Provisions

a. HTF Amounts Available for Bridge Project Grants

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 (23 U.S.C. 124(p)(1)). The amounts available for Bridge Project grants out of the HTF 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.

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 NBI 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 such as the Bridge Project grants 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.

10 Although there is no minimum or maximum BIP award amount size, no more than $20 million will be awarded to Planning grants from any one FY of funding.

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 3 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 5 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.

The BIP 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.

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 the 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 to the period of performance listed in the grant agreement.

SECTION C - ELIGIBILITY INFORMATION

To be selected for a BIP Planning 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; and Eligible Project Costs. Applications that do not meet all threshold eligibility requirements will not be evaluated under the Merit Criteria in Section E.

To be selected for a BIP Bridge Project 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; 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

Both the Planning and Bridge Project BIP funding categories have the same statutory rules for eligible applicants.

Eligible Applicants for Planning and Bridge Project Grants (23 U.S.C. 124(d))

a. A State or a group of States;11

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

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

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

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

f. An FLMA;

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

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

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

https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-80204913-293024738&term_occur=999&term_src=

b. Joint Applications

Multiple States or a multijurisdictional group that submit 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 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

For Planning grants, there is no maximum or minimum award size (see Section B.2 Award Size).

However, non-Federal matching funds are required for Planning grants, and the total Federal contributions for the project cannot exceed the Federal share payable amounts in 23 U.S.C. 120.

Awards of BIP funds for Bridge Project grants may not exceed 80 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. 120.12

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 bridge13 located on a public road that is not a Federal-aid highway,14 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…