693JJ324NF00007 NOFO Guardrail Safety Training_FINAL.pdf

NOFO Number 693JJ324NF00007

NOTICE OF FUNDING OPPORTUNITY FOR GUARDRAIL SAFETY TRAINING

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

(FHWA).

ACTION: Notice of Funding Opportunity (NOFO) for Guardrail Safety Training

FUNDING OPPORTUNITY NUMBER: 693JJ324NF00007

ASSISTANCE LISTING NUMBER: CFDA 20.205 Highway Planning & Construction

TOTAL AMOUNT AVAILABLE: This NOFO will result in the distribution of up to $500,000.00 in federal funds. The availability of federal funds is expected as follow:

$100,000.00 in FY24, $200,000.00 in FY25, $100,000.00 in FY26, and $100,000.00 in FY27.

The actual amounts available to be awarded under this notice will be subject to the availability of funds. This NOFO will result in the award of a single cooperative agreement.

DEADLINE FOR APPLICATIONS: 11:59 PM EST on May 30, 2024

The FHWA plans to conduct outreach regarding this program in the form of a virtual meeting on April 10, 2024, at 3:00 pm, Eastern Standard Time. To join the Webinar, follow the instructions posted on FHWA’s website at Guardrail Resources. The audio portion of the Webinar can be accessed from this teleconference line: TOLL FREE (833) 568-8864 MEETING ID: 161 161 2639, ACCESS CODE 408593. The Webinar will be recorded and posted on FHWA's Website at Guardrail Resources. A Telephone Device for the Deaf (TDD) is available for individuals who are deaf or hard of hearing at (202) 366-3993.

SUBMIT APPLICATIONS TO: The 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 for any updates to this Notice, NOFO Number: 693JJ324NF00007.

FHWA POINT OF CONTACT:

Mishel McCants Agreement Specialist Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Ave., SE.

Washington, DC 20590 Email: mishel.mccants@dot.gov https://highways.dot.gov/safety/rwd/reduce-crash-severity/guardrail-resources https://highways.dot.gov/safety/rwd/reduce-crash-severity/guardrail-resources http://www.grants.gov/ mailto:mishel.mccants@dot.gov

Alternate:

Hector Santamaria Agreement Officer Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Ave., SE.

Washington, DC 20590 Email: Hector.Santamaria@dot.gov

Each section of this notice contains information and instructions relevant to the application process. The applicant should read this notice in its entirety so that they have the information they need to submit eligible and competitive applications.

The FHWA will not review applications in advance, but FHWA staff are available for technical questions and assistance. In addition, FHWA will post answers to questions and requests for clarifications at Grants.gov under this NOFO’s page.

mailto:Hector.Santamaria@dot.gov

TABLE OF CONTENTS

A. Program Description

B. Federal Award Information

C. Eligibility Information

D. Application and Submission Information

E. Application Review Information

F. Federal Award Administration Information

G. Federal Awarding Agency Contacts

H. Other Information

SECTION A - PROGRAM DESCRIPTION

1. STATEMENT OF PURPOSE

The purpose of this NOFO is to solicit applications for Guardrail Safety Training program that will result in the award of one (1) cooperative agreement award and the distribution of up to $500,000.00 in Federal funding over the life of the project. The actual amount available to be awarded under this notice will be subject to the availability of funds.

2. LEGISLATIVE AUTHORITY

The legislative authority for this program is as follows:

Section 1409 of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, authorizes" ... a work zone safety grant program under which the Secretary may make grants to nonprofit organizations and not-for profit organizations to provide training to prevent or reduce highway work zone injuries and fatalities."

The Grants may be used to (1) provide training for construction craft workers on the prevention of injuries and fatalities in highway and road construction; (2) develop guidelines for the prevention of highway work zone injuries and fatalities; and (3) conduct training for State and local government transportation agencies and other groups implementing guidelines for the prevention of highway work zone injuries and fatalities.

Section 1519 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, authorized funds to carry out safety-related activities, including "... work zone safety grants in accordance with subsections (a) and (b) of section 1409 of the SAFETEALU".

Section 1417 of the Fixing America's Surface Transportation (FAST) Act amended Section 1409 of SAFETEA-LU (23 U.S.C 401) to include "Development, updating, and delivery of training courses on guard rail installation, maintenance, and inspection."

Section 1418, Consolidation of Programs, of the FAST Act, amended MAP-21 Section 1519 (a), Consolidation of Programs, to authorize not less than $3.5 million from the Highway Safety Improvement Program for fiscal years 2016 through 2020 distributed among the following four activities: Operation Lifesaver, Work Zone and Guardrail Safety Training, the National Work Zone Safety Information Clearinghouse, and the Public Road Safety Clearinghouse.

Section 11124, Consolidation of Programs, of the Infrastructure Investment and Jobs Act (IIJA) of 2021 (Pub. L. 117-58) amended Section 1519 (a), Consolidation of Programs, by striking “fiscal years 2016 through 2020” and inserting “fiscal years 2022 through 2026”.

3. BACKGROUND

This program continues the efforts started under the FAST Act to improve the development, updating, and delivery of training courses on guardrail installation, maintenance, and inspection.

Under this new NOFO the tasks have changed as outlined in Section A.6, “Scope of Work”, and still aim to accomplish the same outcomes that were identified under the FAST Act cooperative agreement. Ultimately, the desire is to improve road safety and save lives on all public roads.

4. PROGRAM GOALS

The goal of Guardrail Safety Training is three-fold:

1. To provide technical assistance;

2. To develop support materials for training activities; and

3. To develop and conduct webinar trainings for roadway agency standards engineers/sections.

Through the development of the products outlined in this cooperative agreement the desired outcome is improved guardrail design and installation.

5. ADMINISTRATION GOALS

The FHWA seeks to fund tasks under this NOFO that advance the United States Department of Transportation’s National Roadway Safety Strategy (NRSS). The NRSS outlines the Department’s comprehensive approach to significantly reducing serious injuries and deaths on our Nation’s highways, roads, and streets. This is the first step in working toward an ambitious long-term goal of reaching zero roadway fatalities.

6. SCOPE OF WORK

1. Task 1: Kick-off meeting

a. The Recipient shall coordinate, schedule, host and facilitate a virtual kick-off with

FHWA. The key Recipient staff shall attend the meeting. This meeting is expected to be no more than two (2) hours in length. The tentative agenda for the meeting is:

i. Review the program background and goals;

ii. Discuss Notice Of Funding Opportunity, deliverables and milestone dates;

1. Discuss Task 2a customization for each public agency;

2. Discuss expectations of marketing materials identified in Task 2b;

3. Discuss expectations of training and design resource ideas in Task

3a;

4. Discuss expectations of training exercise ideas in Task 3b;

5. Discussion outreach webinars in Task 4;

iii. Discuss reporting requirements;

iv. Other topics as raised.

b. The Recipient shall produce meeting minutes and submit to the Agreement

Officer’s Representative (AOR) within one (1) week after meeting date.

2. Task 2: Technical Assistance

a. The Recipient shall provide technical assistance to individual public agency standards engineers and or standards sections. Technical assistance will be in the form of reviewing and evaluating agency standards and can include crash test reports used by the agency in their determination of crashworthiness. This assistance will be conducted virtually with at least 12 states (including D.C. and the 5 US territories) over the life of the agreement by a live instructor provided by the Recipient. The Recipient shall obtain concurrence from FHWA prior to providing technical assistance to any public agency. The Recipient shall meet virtually with the public agency to introduce the technical assistance team, process, and determine sources for data. The Recipient shall assess available state data, standard drawings, policies and practices, including design and maintenance considerations from the public agency and provide recommendations for improvements, and documentation of best practices. After assessing the available data, standard drawings, policies and practices, the Recipient shall meet virtually with the public agency staff and FHWA to review findings and recommendations.

Findings and recommendations shall be summarized in individual reports following the final virtual meeting with each public agency. Reports shall be submitted to FHWA for review and comment within two (2) weeks after the final virtual meeting. The reports shall be for the use of the FHWA and the applicable public agency.

b. The Recipient shall develop 508 compliant marketing materials to promote best practices found during the technical assistance process to be used by FHWA or the Recipient. This could include:

i. Flyers

ii. Case studies

iii. Informational Briefs

The Recipient shall submit ideas for marketing materials to FHWA for concurrence prior to creating draft marketing materials. All draft marketing materials shall be submitted to FHWA for review and comment prior to final publication. It is anticipated that legal and public affairs approval will be required prior to publication. Final version shall respond to FHWA comments.

3. Task 3: Training Support

a. The Recipient shall develop training and design resources to be hosted on the Recipient’s website. The training and design resources shall be made available for use by public agencies (federal, state, local, and tribal) for use during design, construction, or for training purposes. The following resources shall be developed:

i. Length of need calculation tool – interactive/graphic calculation tool utilizing the method outlined in the AASHTO Roadside Design Guide for the determination of length of need. The tool shall explain each variable in the length of need calculation process, and perform calculations given user inputs.

ii. Interactive tool that illustrates generic installation information and inspection/maintenance issues for longitudinal barriers and proprietary/non-proprietary barrier terminals.

iii. Interactive resource that aides in terminal identification for field and maintenance staff. The Recipient shall provide links to current manufacturer’s websites for installation guides and checklists. The Recipient shall maintain the links on their website.

The Recipient shall submit a draft of each resource listed for review by FHWA prior to finalizing. Final version shall respond to FHWA comments.

b. The Recipient shall Develop new training exercises and resources for roadside safety hardware training courses. The training exercises and resources would be available on the Recipient’s website for public use and for use during existing courses put on by FHWA or other transportation agencies or organizations.

c. The Recipient shall develop exercises and resources for up to five (5) roadside safety scenarios. The Recipient may include a mix of real-world imagery with rendered CADD options for case study examples in the exercises. Roadside Safety exercises and resources shall include:

i. Illustrate extension of culvert outside of clear zone vs. shorter structure with guardrail and tradeoffs for each design. Deliverable shall be a PDF and PowerPoint slide;

ii. Develop four (4) simple unique scenarios that require a trainee in a classroom setting to determine clear zone and length of need given various constraints and obstacles encountered on the roadside. Deliverable shall be a PDF and PowerPoint slide;

iii. Interactive length of need visualizer. For example, dynamically show what happens to resulting length of need if there is an increase of La from clear zone distance to cover the whole median or drop-off. Deliverable shall be a PowerPoint slide or other interactive visualizer;

iv. Illustrate typical applications of longitudinal barriers at bridges and how individual components fit together; transition, standard barrier, terminal, grading transitions. Deliverable shall be a PDF and PowerPoint slide; and

v. Interactively illustrate design options for reducing deflection of w-beam guardrail protecting objects such as utility poles, piers, sign supports, etc.

Deliverable shall be a PowerPoint slide or other interactive visualizer.

The Recipient shall submit a draft of each exercise and resource listed for review by FHWA prior to finalizing. Final version shall respond to FHWA comments.

4. Task 4: Outreach Webinars

a. The Recipient shall develop and conduct a series of national virtual webinar trainings and professional development for overall roadside safety hardware applications. Approximately five (5) webinars should be hosted by the Recipient over the period of performance. Webinar content shall be pre-approved by FHWA and shall include FHWA disclaimers (to be provided by FHWA). Topics to be covered in each webinar in the series include, but not limited to:

i. The latest products and research related to roadside safety hardware. The Recipient shall identify topics from these new products and research and develop training to present during the webinar;

ii. New best practices from state and local agencies;

iii. Innovative use/applications of barriers; and

iv. Preview new and upcoming products and research.

The Recipient shall negotiate and pay for any necessary licensing agreement(s) with AASHTO or other copyright holders for use of copyrighted materials in any of the tasks above. Costs for such licensing agreements are allowable expenses under this cooperative agreement.

All final deliverables shall be Section 508 compliant. Section 508 compliant means the requirements set forth in Section 508 of the Rehabilitation Act of 1973. FHWA’s requirements for Section 508 can be found online at https://highways.dot.gov/section-508.

7. REQUIRED SUBMITTALS OR MILESTONES

See Section A.6 – Scope of Work for a full detailed description of each deliverable listed above and detailed below.

Task Anticipated Due Dates Task 2.a: Individual public agency reports on technical assistance

Draft due 2 weeks after final meeting with each state.

Task 2.b: Marketing materials

Ideas due by 42 months from effective date of agreement.

Draft due 48 months from effective date of agreement.

Final product due 60 months from effective date of agreement.

Task 3.a.i: Training and Design Resources

Draft due 12 months from effective date of agreement.

Final product due 24 months from effective date of agreement.

Task 3.a.ii: Training and Design Resources

Draft due 24 months from effective date of agreement.

Final product due 36 months from effective date of agreement.

Task 3.a.iii: Training and Design Resources

Draft due 36 months from effective date of agreement.

Final product due 48 months from effective date of agreement.

https://highways.dot.gov/section-508

Task 3.b.i, 3.b.ii, and 3.b.iv: Training Support

Draft due 12 months from effective date of agreement.

Final product due 24 months from effective date of agreement.

Task 3.b.iii and 3.b.v: Training Support

Draft due 48 months from effective date of agreement.

Final product due 60 months from effective date of agreement.

Task 4.a: Webinar Training One (1) webinar per calendar year for 5 years.

SECTION B – FEDERAL AWARD INFORMATION

1. FUNDING

The total amount of funding available for award under this NOFO is $500,000.00 for the Federal share.

The maximum availability of federal funds is expected as follows:

• $100,000.00 in FFY24;

• $200,000.00 in FFY25;

• $100,000.00 in FFY26; and

• $100,000.00 in FFY27

*Please note that this NOFO is subject to availability of funding. The Government’s obligation under any resulting award is contingent upon the availability of funding. No legal liability on the part of the Government for any payment may arise until funds are available and obligated to an award. The Government reserves the right to make no awards under this NOFO.

2. ANTICIPATED NUMBER OF AWARDS

The Government anticipates making one (1) award as a result of this NOFO.

3. TYPE OF AWARD

The planned award type is a cost reimbursable cooperative agreement with a 20% cost-share requirement.

Recipients of awards will not receive lump-sum cash disbursements at the time of award announcement or obligation of funds. Instead, FHWA will reimburse Recipients only after a project agreement or award has been executed, allowable expenses are incurred, and valid requests for reimbursement are submitted by the Recipient.

4. PERIOD OF PERFORMANCE

The award period of performance is anticipated to be 60 months (5 years) from the effective date of award.

If the award Recipient will be a non-State DOT entity, the USDOT Payment System will be DELPHI e-Invoicing and the grant funds will be obligated in DELPHI after the grant award is executed by both parties. The grant period of performance will begin on the effective date of the award, as stated in the signed grant agreement, and end on the period of performance end date that is listed in the signed grant agreement.

5. DEGREE OF FEDERAL INVOLVEMENT

The FHWA anticipates substantial Federal involvement between FHWA and the Recipient during this project. The anticipated Federal involvement may include:

1. Technical assistance and guidance to the Recipient;

2. Close monitoring of performance;

3. Involvement in technical decisions;

4. Participation in status meetings and committee meetings; and

5. Review and comment on draft and final documents as appropriate.

SECTION C – ELIGIBILITY INFORMATION

1. ELIGIBLE APPLICANTS

This notice is open to all sources.

2. COST SHARING OR MATCHING

Pursuant to 120(b) of Title 23 United States Code states “the Federal share payable on account of any project or activity carried out under this title (other than a project subject to subsection (a)) shall be-- (1) 80 percent of the cost thereof.” There is a mandatory minimum cost share of 20 percent of the total project costs. Cost sharing or matching means the portion of project costs not paid by Federal funds (unless otherwise authorized by Federal statute). See 2 CFR Part 200.306 on Cost Sharing or matching.

The Recipient will provide a minimum of a 20 percent match to the total eligible cost of the project. The Recipient’s match can be met through direct financial support or through “in-kind” services. By the completion date of the Agreement, the Recipient must have met the cost-sharing requirement. All cost share contribution must be submitted with sufficient detail and/or documentation to support the fair market value of the contribution. If additional detail and/or documentation are determined necessary in order to verify the contribution, the Recipient will provide the requested information in a timely fashion.

FHWA will not consider previously incurred costs or previously expended or encumbered funds towards the matching requirement for any project. Matching funds are subject to the same Federal requirements as awarded funds.

Example of Calculating Match. Based on the total eligible project cost, multiply that number by 80 percent for federal share, and 20 percent for cost share/match . For example:

Total eligible project cost: $625,000.00

• $625,000 x .80 = $500,000 (Federal Share)

• $625,000 - $500,000 (Fed share)= $125,000 (20% Cost Share/Match)

Note: If applicable, any program income generated under the project must be handled in accordance with SECTION F.

NOTE: There is no advantage or preference for applications that provide more than the required 20 percent share as part of an application.

SECTION D - APPLICATION AND SUBMISSION INFORMATION

1. ADDRESS TO REQUEST APPLICATION PACKAGE

Applicants may obtain application forms at grants.gov under the Notice of Funding Opportunity Number cited herein. All application materials may be found on Grants.gov at http://www.grants.gov.

If potential applicants are unable to download the application package from the internet, they may send a written request for a paper copy to the agency contacts listed on the NOFO cover page or Section G of the NOFO.

2. CONTENT AND FORM OF APPLICATION SUBMISSION

Application Format

• Applications must be prepared on 8½ x 11- inch paper. Pages that exceed this size, such as foldouts, are not allowable.

• Narrative text must be printed using a font size no less than 12-point font.

• Tables are permitted. Text in tables may be smaller than 12-point font but must be legible.

• Page margins must be a minimum of 1-inch top, bottom, and each side.

• Page numbers may be located within the 1-inch margin.

• A Header or Footer identifying the Applicant/Team and the Volume or Part, may be located within the 1-inch margins.

• PAGE LIMITS: Application volumes shall adhere to the page count limitations listed below. The page limit incudes all narratives, figures, tables, appendices, and all other ancillary materials with the exception of the following.

• EXCEPTION ON PAGE LIMITS: The following items do NOT count against the page limitation.

• Document covers;

• Cover letters;

• Title pages;

• Divider pages;

• Table of contents;

• Lists of acronyms;

• Letters of intent to participate from proposed subcontractors, consultants, partners and proposed new hires; and

• Resumes. (NOTE: resumes shall not exceed 2 pages.)

Application Content - Overview

The application package must consist of the following parts:

1) Standard Forms (SF)

2) Volume 1 Technical Application / Project Narrative

3) Volume 2 Budget Application

Application Content – Detailed Instructions

1) Standard Forms (SF)

SF 424, SF-424A, and SF-LLL.

2) Volume 1 Technical Application / Project Narrative

NOTE: The Volume 1 Technical Application/Project Narrative must not exceed 20 pages.

Resumes and Letters of Intent are excluded from the page count.

A. Project Abstract: Summarize the scope of work that would be completed under the award, including project goals and outcomes anticipated.

B. Project Description: Include a detailed description and scope of work including specific milestones. Provide a technical and management plan describing in detail how the Applicant proposes to carry out the work. Describe how the Applicant proposes to meet program goals listed in NOFO Section A and complete the Tasks in the Scope of Work. Identify project risks and how the Applicant proposes to address these risks. Identify proposed project performance measures and how they will be evaluated.

C. Project Outcomes: Include a detailed description of how the project advances one or more of the Administration goals described in NOFO Section A.

D. Project Team Information: Include detailed information about the proposed

Applicant team, including any partnerships or collaborations with other entities to deliver the project. The information should specifically describe the role of each entity in delivering the project. Provide a staffing plan to perform the work, including names and positions of key personal. Provide an organizational chart identifying proposed staff members assigned to this effort. The chart must be supported with narrative text to include the title and a brief description of each position’s responsibilities, as well as the proposed level of effort and allocation of time (percent in relation to their other duties) for each position on a yearly basis and in summary format. The level of effort may be displayed (single spaced) in a table format. One table can be presented if the level of effort will be constant overall years, and the table is annotated as such. The hours in this table must be consistent with the information presented in the Budget Volume.

E. Project Schedule: Include detailed information about the project schedule that identifies all major project milestones and, if applicable, requires submittals.

F. Applicant Experience: Provide a description of completed projects, ongoing projects, or both, that demonstrate organizational and staff experience relevant to the scope and complexity of the proposed project. Provide specific information on past or present projects to include title, work description, value, dates, sponsor/customer point of contact, role of Applicant in the project, and an explanation of why or how the project is considered relevant or similar to the project being proposed.

G. Resumes: Provide resumes of key personnel (i.e., staff with significant roles), from both the prime Applicant and team members/sub awardees, as necessary.

H. Letters of Intent to Participate: Provide a letter of intent or commitment from each proposed sub-recipient/subcontractor. This includes any sub-recipient/subcontractor that will be included in the Federal share, the non-Federal share or in a non-paid (volunteer) capacity. Provide a letter of intent to participate from significant team members as the Applicant deems necessary.

3) Volume 2 Budget Application

NOTE: If needed, the FHWA may request additional budget information to clarify an application. FHWA encourages Applicants to submit the most relevant and complete information they can provide.

A. Budget Tables: Provide a separate detailed budget table for each year and summarize the information for all years for all activities. Clearly show Federal share; Non- Federal share; and Total. Spreadsheets can be formatted similarly to the format in DOT Form 4220.44, located at: 4220_44.xls (dot.gov). NOTE: Profit/fee is not allowable for the prime Recipient.

Budget tables must include the following cost elements as applicable to the project:

Labor Rates: Direct labor-by-labor categories to include hours, rates and escalation. The labor rates and annual direct labor escalations rate and its basis must be in accordance with 2 CFR 200.430.

Indirect Rates: Provide your organization’s signed current approved indirect cost rate from the cognizant Federal agency or letter of request to cognizant agency for rate establishment or adjustment. Indirect costs rates must be established according to 2 CFR

200.414. NOTE: Per 2 CFR 200.414(f), Indirect (F&A) Costs, any Applicant that does not have a current negotiated (including provisional) rate, except for those non-Federal entities described in 2 CFR Part 200 appendix VII, paragraph D.1.b may elect to propose a de minimis indirect rate of 10 percent of modified total direct costs.

Other Direct Costs: Applicants must provide a breakout and justification of Other Direct Costs by Category (travel, equipment, etc.). Direct costs must be in accordance with 2 CFR Part 200 Subpart E (Cost Principals).

https://www.fhwa.dot.gov/cfo/pdf/frm4220_44.pdf

Subcontractors/sub-recipients: If subcontractors/sub-recipients (lower-tiered organizations and/or individual consultants) will be used in carrying out this project, the following minimum information concerning such, must be furnished:

1) Name, address, and Unique Entity Identifier (UEI) of the organization or consultant.

2) Description of the portion of work to be conducted by the organization or consultant.

3) Cost details for that portion of work.

4) Applicant’s cost/price analysis of each sub-recipient/contractor(s) showing how their price is fair and reasonable (this includes any sub-recipient/contractor(s) that will be included in the Federal share or the non- Federal share).

5) Provide detail and support for cost share as part of overall project budget.

6) Clearly delineate cost share match versus Federal share.

B. Other Business Information: Provide the following information relative to the PRIME

APPLICANT.

1) Identify any exceptions to the anticipated award terms and conditions as contained in Section F, Federal Award Administration Information.

2) Identify any preexisting intellectual property that the Applicant anticipates using during award performance, and your position on its data rights during and after the award period of performance.

3) Applicant SAM Unique Entity Identifier (UEI).

4) A statement to indicate whether the Applicant has previously completed an A-133 Single Audit and, if so, the date that the last A-133 Single Audit was completed.

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

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

7) Terminated Contracts. List any contract/agreement that was awarded to the prime

Applicant then later terminated for convenience of the Government within the past 3 years, and any contract/agreement that was terminated for default within the past 5 years. Briefly explain the circumstances in each instance.

8) Describe how the Applicant will obtain the necessary resources to fund and fulfill the proposed cost share, as applicable.

9) The Applicant is directed to review Title 2 CFR Part 170 (http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl) dated November 12, 2020, and Appendix A thereto, and acknowledge in its application that it understands the requirement, has the necessary processes and systems in place, and is prepared to fully comply with the reporting described in the term if it receives funding resulting from this NOFO. The text of Appendix A will be incorporated in the award document as a General Term and Condition as referenced under this NOFO’s Section F, Federal Award Administration Information.

10) Disclose any violations of Federal criminal law involving fraud, bribery, or gratuity violations. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.339 entitled Remedies for Noncompliance, including suspension or debarment. (See also 2 CFR Part 180 and 31 U.S.C. 3321).

11) If a nonprofit or not-for-profit status, please provide evidence of this status preferably from the Internal Revenue Service.

12) The FHWA is committed to considering project funding decisions holistically among the various discretionary grant programs available in the Bipartisan Infrastructure Law (BIL). The FHWA also recognizes that applicants may be seeking grant program funding from multiple FHWA grant programs and opportunities. An applicant may seek the same award amounts from multiple DOT grant programs opportunities or seek a combination of funding from multiple DOT opportunities. In those cases, the applicant must indicate, within the Federal funding description, details as to what other potential DOT grant programs and opportunities they are currently applying for or intend to apply for and what award amounts they will be seeking. This information will be reviewed by FHWA to ensure that a single project, or its sub-elements, is not awarded federal funding under multiple DOT grant programs. FHWA reserves the right to contact applicants to obtain additional information concerning those scopes of work to discuss any possible or actual overlap in scope.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl

13) Acknowledgement of acceptance of the NOFO terms and acknowledgement and acceptance of any Amendments issued to this NOFO. List Amendment numbers and issue dates, if any.

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

Each Applicant is required to:

a. Have an active registration in SAM.gov at the time the Applicant submits an application;

b. Provide a valid UEI in their application; and

c. Continue to maintain an active SAM registration with current information at all times during which the Applicant has an active Federal award or an application or plan under consideration by a Federal awarding agency.

FHWA may not make a Federal award to an Applicant until the Applicant has complied with all applicable UEI and SAM requirements. If an Applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the Applicant is not eligible to receive a Federal award and use that determination as a basis for making a Federal award to another Applicant.

NOTE TO APPLICANTS: The SAM requires the registrant to provide a UEI number to complete the registration. These processes can take several weeks to complete so should be started well before the application deadline.

4. SUBMISSION DATES AND TIMES

The application must be received electronically through www.grants.gov by the application due date/time listed on page 1 of this NOFO (or as updated by a NOFO Amendment, if applicable).

The due date/time is the date and time by which FHWA must receive the full and completed application, including all required sections.

For the submitted application package, FHWA suggests that pictures, graphics, and other large files be reduced in number and quality to keep the size of the files of the application manageable and in line with the Grants.gov maximum size of 200 megabytes for the entire grant application package.

A late application will not be reviewed or considered unless the AO determines that doing so is in FHWA’s best interest. The FHWA will not consider late applications that are the result of failure to register or comply with Grants.gov applicant requirements in a timely manner.

If Applicants are unable to use the system due to verifiable technical difficulties, Applicants must email complete applications directly to the FHWA point of contact listed in the NOFO Section G no later than the NOFO application deadline cited herein, with explanation of the technical issue experienced and supporting documents regarding the nature of the technical difficulties. For instance, provide screen capture(s) of the technical issues experienced along with corresponding Grants.gov “Grant tracking number If you are experiencing difficulties with your submission, it is best to contact the Grants.gov Support Center and get a ticket number. Provide the Grants.gov Help Desk Tracking Number since it will assist FHWA with tracking your issue and understanding background information on the system issue in the event of a late application. If the reported technical issues cannot be validated, late applications may be rejected as untimely.

GRANTS.GOV: Applicants must follow the instructions on Grants.gov to successfully use the website to submit an application. Use of Grants.gov may entail the following steps for those setting up new accounts or first-time users.

a. Register with SAM at www.SAM.gov

b. Obtain a valid UEI;

c. Create a Grants.gov account; and

d. Respond to the registration email sent to the E-Business Point of Contact from

Grants.gov, and login at Grants.gov to authorize the Applicant as the Authorized Organization Representative (AOR). Please note that there can be more than one AOR for an organization.

**Please note that the Grants.gov registration process may take two to four weeks.

GRANTS.GOV HELP: For Grants.gov training resources, including video tutorials, refer to: Home | GRANTS.GOV. For assistance with Grants.gov registration and application submittal, refer to the Grants.gov Support Center: Support | GRANTS.GOV.

5. INTERGOVERNMENTAL REVIEW

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

6. FUNDING RESTRICTIONS

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

7. OTHER SUBMISSION REQUIREMENTS

Not applicable http://www.sam.gov/ https://www.grants.gov/ https://www.grants.gov/support.html

SECTION E - APPLICATION REVIEW INFORMATION

1. CRITERIA

The Government will evaluate applications on the following criteria:

MERIT: The Government will evaluate applications against the following technical evaluation criteria, considered of equal importance. These criteria are distinct from eligibility criteria (see Section C) that are addressed before an application is accepted for review.

1) Program Goals: Degree to which the proposed project successfully supports and addresses the program goals listed in Section A of the NOFO. Demonstrated understanding of how to accomplish the program goals.

2) Administration Goals: Degree to which the proposed project successfully supports and addresses the Administration goals listed in Section A of the NOFO, where applicable.

Demonstrated understanding of how to accomplish the Administration goals.

3) Technical and Management Approach: Demonstration of a sound, feasible, and achievable technical and management approach to successfully perform the proposed project, as well as a realistic schedule.

4) Staffing Approach: Demonstration of a sound, feasible, and achievable staffing approach to successfully perform the proposed project.

5) Experience: Demonstration of sufficient knowledge and relevant experience of the proposed team to successfully perform the proposed project.

COST: Relative cost will be considered in the award decision. The budget application will be analyzed to assess cost reasonableness and conformance to applicable cost principles.

Proposed cost share will be evaluated to ensure the proposed amount meets the minimum matching requirements and that proposed costs are in compliance with 2 CFR §200.306. This evaluation factor will not be rated.

Funding availability will also be considered in the award decision.

2. REVIEW AND SELECTION PROCESS

The FHWA will screen applications received to confirm Applicant eligibility, project eligibility, completeness of submittal, and compliance with NOFO application requirements. An application determined to be ineligible, incomplete, and/or non-compliant with the NOFO application requirements may be removed from the competition and from further consideration for award or continued evaluation.

The FHWA will utilize the following merit review process to evaluate applications: A panel of FHWA experts will collectively evaluate and rate all eligible applications using the selection criteria listed above. If deemed necessary, FHWA may use outside experts and/or contractor support to review the applications. An application that receives an unacceptable rating in one or more selection criteria may be removed from the competition and from further consideration for award or continued evaluation. The panel will recommend awards to the selection official based on the results of the panel’s review. The panel will recommend for award the application that are considered the most advantageous to FHWA using the selection criteria.

NOTE: Award recommendations will consider the best use of the funds, given program and Administration goals. Award recommendations may consist of a group of projects that collectively represent the most advantageous use of funds to achieve a combination of program and Administration goals.

As determined necessary to support the evaluation and selection process, FHWA may conduct discussions with Applicants to clarify elements of the technical and budget applications and request additional detailed and itemized cost information.

The FHWA may, during the selection process, enter into discussions with an applicant that may include mutually agreeing upon a lesser amount of a potential award than originally requested in the application if necessary due to the quantity, size and scope of the applications received in response to this notice and the results of the application review process.

The selection official responsible for final award decisions is the Agreement Officer, FHWA Office of Acquisition and Grants Management.

The Government is not obligated to make any award as a result of this notice.

Risk Assessment: Prior to award, each selected Applicant will be subject to a risk assessment required by 2 CFR 200.206. If the Federal awarding Agency determines that a Federal award will be made, special conditions that correspond to the degree of risk assessed may be applied to the Federal award.

This Risk Assessment will include evaluation of some or all of the following items relative to the Applicant and sub-applicants as applicable:

(1) Applicant’s financial stability;

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

(3) Applicant’s history of performance;

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

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

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

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

Note: FHWA will review information provided by the Applicant, and any other relevant information known to FHWA, to determine whether an award to the Applicant may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, FHWA may

(a) disqualify the Applicant, or (b) determine that it is otherwise in the best interest of the United States to award to the Applicant and include appropriate provisions to mitigate or avoid such conflict in the agreement pursuant to 2 CFR 200.112.

(7) Applicant’s eligibility to receive Federal funding. Per the guidelines on governmentwide suspension and debarment in 2 CFR Part 180, the Government will confirm that the Applicant and any named sub-applicants are not debarred, suspended or otherwise excluded from or ineligible for participation in Federal programs or activities.

NOTE: If an Applicant is determined to be high-risk, as a condition of the award, additional mandatory reporting requirements or other special conditions may apply to the resulting award to mitigate risks.

3. ADDITIONAL INFORMATION

Pursuant to 2 CFR Part 200.205, prior to making a Federal award, the Federal awarding Agency is required to review information available through any Office of Management and Budget (OMB) designated repositories of governmentwide eligibility qualification or financial integrity information, such as Federal Awardee Performance and Integrity Information System (FAPIIS), D&B, and Sam.gov. The Government’s review of this information will occur as part of the risk assessment. An Applicant may review information in FAPIIS and comment on any information about itself. The FHWA will consider comments by the Applicant, in addition to other information in FAPIIS, in making a judgment about the Applicant’s integrity, business ethics, and record of performance under Federal awards when completing the risk assessment. The FHWA reserves the right to deny an award based on the results of the risk assessment.

4. ANTICIPATED ANNOUNCEMENT AND FEDERAL AWARD DATES

The FHWA anticipates, but does not guarantee, announcing selections on or about September 2024.

SECTION F – FEDERAL AWARD ADMINISTRATION INFORMATION

1. FEDERAL AWARD NOTICES

Following the evaluation outlined in Section E, FHWA will notify the selected Applicants and announce the selected projects. Notice that an Applicant has been selected for award does not constitute approval of the application as submitted. Before the award, FHWA may contact the Applicant’s point of contact listed in the SF 424 to initiate negotiation of a project-specific agreement, if applicable. If the negotiations do not result in an acceptable submittal, FHWA reserves the right to terminate the negotiation and decline to fund the Applicant. Only the AO or other authorized representative can commit FHWA and bind the Federal Government to the expenditure of funds.

2. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS

All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR Part 200, as adopted by FHWA at 2 CFR Part 1201. Applicable Federal laws, rules and regulations set forth in 23 U.S.C.

and 23 CFR and 49 CFR also apply.

GENERAL CLAUSES

The online clauses entitled “General Terms and Conditions for Assistance Award” apply to the resulting award, and are available in full text online at: Contractors & Recipients General Terms and Conditions for Assistance Awards | Federal Highway Administration (dot.gov)

SPECIAL CLAUSES

In addition to the General Clauses cited above, the following Special Clauses will apply to the resulting award.

A. PUBLIC ACCESS TO DOCUMENTS

The Applicant agrees that the resulting deliverables/documentation submitted to the FHWA under this Agreement may be posted online for public access and/or shared by FHWA with other interested parties. The FHWA anticipates the documents cited herein may be posted on an FHWA website or another appropriate website.

B. INDIRECT COSTS

Indirect costs are allowable under this Agreement in accordance with the Recipient’s Federally Negotiated Indirect Cost Rates as documented in writing and approved by the Recipient’s cognizant Government agency. In the absence of such Government-approved indirect rates, the following rates are hereby approved for use under this agreement as shown below:

Type* Indirect Rate Period Rate (%) Base https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_after2023aug07.cfm https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_after2023aug07.cfm

*Types of Rates: Pred - Predetermined; Fixed - Fixed; Final – Final; Prov: Provisional/billing; or De minimus.

In the event the Recipient determines the need to adjust the above listed rates, the Recipient will notify the AO of the planned adjustment and provide rationale for such adjustment. In the event such adjustment rates have not been audited by a Federal agency, the adjustment of rates must be pre-approved in writing by the AO.

This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s audited final indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding.

C. DATA RIGHTS

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

D. PERSONALLY IDENTIFIABLE INFORMATION (PII)

Personally Identifiable Information (PII) as defined at CFR Part 200.1 at will not be requested unless necessary and only with prior written approval of the AO with concurrence from the

AOR.

E. AVAILABLE FUNDING

The total estimated amount of Federal funding that may be provided under this Agreement is $500,000.00 for the entire period of performance, subject to the limitations shown below:

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

(2) Subject to availability of funds, and an executed document by the AO, the difference between the…