693JJ325NF00010 CHBP NOFO Amendment No. 1 REDLINE.pdf

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Competitive Highway Bridge Program
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693JJ325NF00010
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This document is a Notice of Funding Opportunity (NOFO) Amendment No. 1 for the Fiscal Year 2024 and 2025 Competitive Highway Bridge Program (CHBP), administered by the Federal Highway Administration (FHWA). The grant program provides up to $250 million annually to eligible states with low population density and high percentages of bridges in poor condition, specifically targeting highway bridge replacement and rehabilitation projects that demonstrate cost savings through bundling multiple bridge projects. Eligible states include Alaska, Arkansas, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, Utah, West Virginia, Wisconsin, and Wyoming, with Iowa, Maine, South Dakota, and West Virginia guaranteed at least $32.5 million.

The amendment reopens the NOFO for new applications, allows previously submitted applications to be retained, amended, or withdrawn, and updates the application deadline to August 4, 2025. Applicants can submit up to five applications and must demonstrate project readiness, merit criteria compliance, and alignment with Department of Transportation priorities such as safety, equity, climate change mitigation, and workforce development. The grant awards will be cost-reimbursable, with funds that must be obligated by September 30, 2027 (FY 2024 funds) or September 30, 2028 (FY 2025 funds), and the general fund portion expended by September 30, 2032 and September 30, 2033, respectively.

Amendment No. 1 to CHBP NOFO_REDLINE

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U.S. Department of Transportation (DOT)

Federal Highway Administration

Table of Contents

1. BASIC INFORMATION

2. ELIGIBILITY

i. Eligible Applicants

ii. Additional Restrictions on Eligibility

iii. Cost Sharing

iv. Other Factors That May Disqualify An Applicant

v. Application Limit

3. PROGRAM DESCRIPTION

i. Program Authorization

ii. Program Goals and Objectives

iii. Availability of Funds

iv. Funding Restrictions

v. Award Size

vi. Type of Award

vii. Period of Performance

viii. Performance Goals

ix. Previous Awards

4. APPLICATION CONTENTS AND FORMAT

i. Standard Form 424

ii. Grants.gov Lobbying Form

iii. Disclosure of Lobbying Activities form (SF-LLL)

iv. Required Forms for Construction Projects

v. Project Narrative

A. Basic Project Information – Project Description, Location, and Parties

B. Grant Funds, Sources, and Uses of Project Funds

C. Merit Criteria

D. Project Readiness and Permitting

E. FHWA Priority Selection Considerations

F. Process for Resubmittal of a Bridge Investment Program Application to CHBP .. 2121

5. SUBMISSION REQUIREMENTS AND DEADLINES

i. Address to Request Application Package

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

A. Submission Instructions

B. Submission Issues

iii. Submission Deadline

A. Consideration of Applications

B. Late Applications

iv. Intergovernmental Review

v. Compliance with Section 508 of the Rehabilitation Act of 1973

vi. Scalable project options

6. APPLICATION REVIEW INFORMATION

i. Merit Criteria

ii. Merit Criteria Ratings Definitions

iii. Project Readiness Rating

iv. Overall Application Rating

v. FHWA Priority Selection Considerations

iv. Other Information and Guidance

vii. Review and Selection Process

A. Technical Review

B. Senior Review

vii. Applicant Risk Assessment

7. AWARD NOTICES

i. How Project Selections Are Announced

Publication and Sharing of Application Information

8. POST-AWARD REQUIREMENTS AND ADMINISTRATION

i Administrative and National Policy Requirements

A. Administrative Requirements

B. Program Requirements

ii. Reporting

A. Progress Reporting on Grant Activities

B. Performance and Program Evaluation

C. CHBP Project Specific Reporting Requirements

D. Reporting of Matters Related to Recipient Integrity and Performance

E. Other

1. BASIC INFORMATION

The applicant should read this notice in its entirety so that they have the information they need to submit eligible and competitive applications.

Federal Agency Name

Federal Highway Administration (FHWA)

Funding Opportunity Title

Fiscal Year (FY) 2024 and FY 2025 Competitive Highway Bridge Program (CHBP)

Announcement Type

This grant program is not associated with the FY 2018 CHBP or any other previous grant program. The requirements for eligibility, application, and award provided under this Notice of Funding Opportunity (NOFO) are unique to the FY 2024 and FY 2025 CHBP.

NOTE: An application that was previously submitted for the FHWA Bridge Investment Program (BIP) for a FY 2023-2026 Bridge Project grant* and was not selected for award may be eligible for resubmittal to the FY 2024 and FY 2025 CHBP. The applicant and the project must meet the eligibility requirements of this NOFO, See Section 4.F for resubmittal procedures. The project must be a highway bridge replacement and/or rehabilitation project that includes the construction phase and must be a bridge bundle as defined in Section C3. Reference Section A1 and Section B2 for information on eligible applicants and projects. Reference Section D4 which further describes when an application may be resubmitted and the process for resubmittal.

*This does not apply to applications for a BIP Large Bridge Project or a BIP Planning grant.

Funding Opportunity Number

693JJ325NF00010

Assistance Listing Number(s)

20.205 Highway Planning and Construction

Funding Details

For FY 2024For FY 2024, up to $250 million is available for CHBP awards under this NOFO, including $200 million of this funding provided through the Highway Trust Fund as Contract Authority, and $50 million is provided through general fund appropriations.

For FY 2025, up to $250 million is available for CHBP awards under this NOFO, including $200 million of this funding provided through the Highway Trust Fund as Contract Authority, and $50 million is provided through general fund appropriations.

There is no minimum or maximum award size. The anticipated number of Federal awards is approximately 1530.

Funds must be obligated by September 30, 2027, and the general fund portion of the program expended no later than September 30, 2032, for projects with FY 2024 CHBP funds.

Funds must be obligated by September 30, 2028, and the general fund portion of the program expended no later than September 30, 2033, for projects with FY 2025 CHBP funds.

Key Dates

Applications must be submitted electronically through grants.gov no later than 11:59 p.m., Eastern Standard Time, on March 13, 2025August 4, 2025 (the “application deadline”). Applicants are encouraged to submit applications in advance of the application deadline; however, applications will not be evaluated, and awards will not be made, until after the application deadline.

Executive Summary

The Consolidated Appropriations Act, 2024, Pub. L. 118-42, Section 126, March 9, 2024, provides $250 million to be awarded by FHWA for the CHBP. The purpose of the CHBP is to provide grants to States that have a population density of less than 115 individuals per square mile and less than 26 percent of total bridges classified as in good condition or greater than or equal to 5.2 percent of total bridges classified in poor condition for highway bridge replacement or rehabilitation projects on public roads that demonstrate cost savings by bundling multiple highway bridge projects. States meeting the population criteria and that have greater than 14 percent of total bridges classified as in poor condition are eligible to receive no less than $32.5 million, pursuant to a determination that projects are eligible and sufficient to fund such amount.

Population density is calculated based on the latest available data from the decennial census conducted under 13 United States Code (U.S.C.)

14(a) as of March 9, 2024, the date on which the Consolidated Appropriations Act, 2024, became law. Resident population density is used. Percentages of bridge counts are based on the National Bridge Inventory (NBI) as of June 2023. The percentages are based on number of bridges throughout the State regardless of ownership, e.g., total number of bridges classified as in poor condition compared to the total number of bridges in the NBI that meet the definition of a bridge on a public road.

Based on these requirements, eligible applicants are the States of Alaska, Arkansas, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, Utah, West Virginia, Wisconsin, and Wyoming. States that are eligible to receive no less than $32.5 million include Iowa, Maine, South Dakota, and West Virginia.

Full-Year Continuing Appropriations and Extensions Act of 2025 provides an additional $250 million to be awarded by FHWA for CHBP with the same provisions under the FY 2024 CHBP requirements.

FHWA seeks to award projects that best satisfy the merit criteria, project readiness, and priority selection considerations described in Section 6.

These reflect the Program Goals and Objectives described in Section 3.

Amendment No. 1

Purpose of the amendment is to:

Reopen the NOFO for submission of new applications Allow applications that submitted applications before the March

13, 2025, deadline of the original NOFO to retain their existing application, submit an amended application, or withdraw the application from consideration

Remove references to rescinded Executive Orders (EO) Align NOFO with new EO Include FY 2025 CHBP funding for consideration of selection Update application evaluation criteria

Agency contact information

Derek Constable Office of Bridges and Structures Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Ave., SE Washington, DC 20590 Email: chbpgrant@dot.gov (preferred) Phone: 202-366-4606

Alternate:

Douglas Blades Office of Bridges and Structures Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Ave., SE

Washington, DC 20590 Email: chbpgrant@dot.gov (preferred) Phone: 202-366-4622

Office hours are from 7:30 a.m. to 4:00 p.m., Eastern Time, Monday through Friday, except Federal holidays.

The amount of funding per Federal award, on average, experienced in previous years

Whether this is a new program or a one-time initiative

This grant program is not associated with any previous grant programs, eligibility and award criteria, or application requirements including the FY 2018 CHBP. The eligibility and award criteria and application requirements provided under this NOFO are unique to the FY 2024 and

FY 2025 CHBP.

Eligible Applicants

Based on these requirements, eligible applicants are State departments of transportation (State DOT) for Alaska, Arkansas, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, Utah, West Virginia, Wisconsin, and Wyoming. States eligible to receive no less than $32.5 million for each year funding is available include Iowa, Maine, South Dakota, and West Virginia.

An eligible State DOT may submit an application in partnership with a non-State DOT non-eligible applicant. If such application is selected to receive an award, the State DOT must be the recipient of grant funds.

A State DOT may submit no more than threefive applications including applications submitted in partnership with a non-State DOT. If a State DOT submits multiple applications the State shall clearly identify their order of ranking in each application narrative and in the project title, i.e., State DOT rank #1 application and State DOT rank #2 application. The basis for the ranking shall be presented in the narrative.

Cost-Share

The Federal share of the cost is in accordance with 23 U.S.C. 120. See Section 2.iii for more details.

Questions FHWA will not review applications in advance, but FHWA staff are available for general questions about the CHBP and NOFO. FHWA will not provide technical assistance to any applicant including providing guidance on how to address any information that should be included in an application. FHWA will post answers to questions and requests for clarifications at Grants.gov under this NOFO’s page, at the CHBP

Website at https://www.fhwa.dot.gov/bridge/chbp.cfm. To ensure applicants receive accurate information about eligibility or the program, the applicant is encouraged to email FHWA directly at chbpgrant@dot.gov, rather than through intermediaries or third parties, with questions.

Applicants are encouraged to submit questions to chbpgrant@dot.gov no later than 55 days after the NOFO Release DateJuly, 21, 2025, to ensure FHWA has adequate time to respond prior to the application deadline.

FHWA cannot guarantee that questions received after that date will be answered prior to the application deadline.

Webinar FHWA plans to post a recorded presentation on FHWA’s Website at https://www.fhwa.dot.gov/bridge/chbp.cfm. The presentation will give an overview of the CHBP and discuss the goals, eligibility requirements, merit criteria, and rating and selection process.

How to Apply 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.

2. ELIGIBILITY

i. Eligible Applicants

See Section 1.

ii. Additional Restrictions on Eligibility Awards will be made only for highway bridge replacement or rehabilitation projects on public roads that demonstrate cost savings by bundling multiple highway bridge projects.

Awards will be made only to a State DOT. Applications for projects that will be delivered by a non-State DOT entity must be submitted by the State DOT in which they are located. If a State DOT submits multiple applications, including a combination of State DOT and non-State DOT delivered projects, the State shall clearly identify their order of ranking in each application narrative and in the project title, i.e., State DOT rank #1 application and State DOT rank #2 application. The basis for the ranking shall be presented in the project narrative.

iii. Cost Sharing The standard Federal share of the cost of the project is up to 80 percent. A bridge that is on the Interstate System is eligible for up to 90 percent. For States on the sliding scale, the Federal share of the cost of the project is up to 95 percent in accordance with 23 U.S.C. 120(b). States on the sliding scale can find the maximum Federal share for a project in FHWA Notice N 4540.12 (Sliding Scale Rates In Public Land States - Rates Effective March 17, 1992). The notice is located at: (https://www.fhwa.dot.gov/legsregs/directives/notices/n4540-12.cfm).

Non-Federal sources of income include State funds originating from programs funded by State revenue or local revenue funding programs, or private funds. FHWA will not consider previously incurred costs or previously expended or encumbered funds toward the matching requirements for any project.

Additional information on non-Federal matching requirements can be found at https://www.fhwa.dot.gov/legsregs/directives/policy/memonfmr_tapered20190515.htm The 2024 Consolidated Appropriations Act removes the requirements of 23 U.S.C. 144(j)(5), that projects bundled shall have the same financial characteristics, including (A) the same funding category or subcategory; and (B) the same Federal share.

For each project that receives a grant under this NOFO, FHWA expectsrequires the project to be completed using at least the level of non-Federal funding that was specified in the application.

iv. Other Factors That May Disqualify An Applicant Applications that are determined to be late, duplicates of applications submitted for the same round of applications, or incomplete applications may be disqualified.

v. Application Limit Each eligible applicant may submit no more than threefive applications.

3. PROGRAM DESCRIPTION

The CHBP Grant Program is a competitive grant program that provides funding towards highway bridge replacement or rehabilitation projects on public roads that demonstrate cost savings by bundling at multiple highway bridge projects. Eligible phases of work must include construction however an application may also include environmental clearance, preliminary engineering, and/or final design.

Construction is defined in Title 23 U.S.C. 101. Any funds provided under the CHBP Grant Program that are less than the requested funding amount shall first be applied to the estimated construction costs with any difference applied to other eligible project phases.

Bridge bundling is defined in 23 U.S.C. 144(j) as two or more similar bridge projects that are eligible projects under Sections 119 or 133; included as a bundled project in a Transportation Improvement Program (TIP) under Section 134(j) or a Statewide Transportation Improvement Program (STIP) under Section 135, as applicable; and awarded to a single contractor (for construction in the case of the FY 2024 CHBP). The 2024 Consolidated Appropriations Act removes the requirements of 23 U.S.C. 144(j)(5), that projects bundled shall have the same financial characteristics, including (A) the same funding category or subcategory; and (B) the same Federal share.

“Public road” is defined in 23 U.S.C. 101(a)(22) as any road or street under the jurisdiction of and maintained by a public authority and open to public travel. “Highway” is defined in 23 U.S.C. 101(a)(11) as a road, street, and parkway; a right-of-way, bridge, railroad-highway crossing, tunnel, drainage structure, including public roads on dams, sign, guardrail, and protective structure, in connection with a highway; and a portion of any interstate or international bridge or tunnel and the approaches thereto, the cost of which is assumed by a State transportation department, including such facilities as may be required by the U.S. Customs and Immigration Services in connection with the operation of an international bridge or tunnel.

“Bridge” is defined in 23 Code of Federal Regulations (CFR), 650.305 as a structure including supports erected over a depression or an obstruction, such as water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads, and having an opening measuring along the center of the roadway of more than 20 feet between under copings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes; it includes multiple pipes, where the clear distance between openings is less than half of the smaller contiguous opening.

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

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

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

Examples of bridge rehabilitation include but are not limited to partial or complete deck replacement, superstructure replacement, substructure/culvert strengthening or partial/full replacement, structure widening, or major modification to substantial portions of the bridge.

i. Program Authorization The Consolidated Appropriations Act, 2024, Public Law 118-42, Section 126, March 9, 2024, provides $250 million to be awarded by FHWA for a CHBP. Eligible applicants are States that have a population density of less than 115 individuals per square mile and less than 26 percent of total bridges classified as in good condition or greater than or equal to 5.2 percent of total bridges classified in poor condition. States meeting the population criteria and that have greater than 14 percent of total bridges classified as in poor condition are eligible to receive no less than $32.5 million. The funds shall be used for highway bridge replacement or rehabilitation projects on public roads that demonstrate cost savings by bundling multiple highway bridge projects.

Population density is calculated based on the latest available data from the decennial census conducted under section 14(a) of title 13, U.S.C. Percentages of bridge counts are based on the NBI as of June 2023. (Consolidated Appropriations Act, 2024, Public Law 118-42, Section 126, March 9, 2024).

The Full-Year Continuing Appropriations and Extensions Act, 2025, Public Law 119-4, March 15, 2025, provides $250 million to be awarded by FHWA for a CHBP with the same requirements as The Consolidated Appropriations Act, 2024, Public Law 118-42, Section 126.

Population density is calculated based on the latest available data on March 9, 2024, the date which the Consolidated Appropriations Act, 2024, became law. Resident population density is used. The percentages are based on number of bridges.

ii. Program Goals and Objectives The goals of the CHBP are:

1. State of Good Repair: To minimize public agency costs that are needed to keep the bridges in service over their lifecycle while maintaining the bridges in Good and Fair condition.

2. Mobility: To minimize highway user impacts, including pedestrian and bicyclist accommodations if the bridge is located on a highway on which pedestrians or bicyclists are permitted to operate at each end of the bridge,1 over the lifecycle of the bridges, from substandard geometry, inadequate accommodation, or service interruptions from extreme weather, geologic events, or other hazards.

3. Safety: To maintain or improve highway user safety, including pedestrian and bicyclist.

4. Innovation: To reduce costs and achieve other efficiencies in project delivery, including construction, through bundling.

5. Climate Change and Environment: To mitigate environmental impacts, including climate change and environmental justice impacts, caused by the existing bridges and/or avoid

1 23 U.S.C. 217 (e) Bridges.-In any case where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which pedestrians or bicyclists are permitted to operate at each end of such bridge, and the Secretary determines that the safe accommodation of pedestrians or bicyclists can be provided at reasonable cost as part of such replacement or rehabilitation, then such bridge shall be so replaced or rehabilitated as to provide such safe accommodations. For additional information about this requirement, please see the Bridge Investment Program (BIP) Questions and Answers (Q&As) section on “Compliance with 23 U.S.C.

217(e) and Safe Accommodations for Bicyclists and Pedestrians” Q&A #35 and #36.

https://www.fhwa.dot.gov/bridge/bip/qa.cfm.

and minimize environmental impacts associated with construction and the final constructed project over the lifecycle of the bridges.

6. Equity and Workforce: To support or address equity, barriers to opportunity, and job creation, during project delivery including construction, and from the final constructed project.

Administration Goals

The Department seeks to fund projects that advance the Departmental priorities of safety, equity, climate and sustainability, and workforce development, job quality, and wealth creation as described in the DOT Strategic Plan2, Research, Development and Technology Strategic Plan3, and in executive orders (E.O.).

Section 6 of this NOFO, which outlines the FY 2024 CHBP Grant Program awards selection criteria and describes the process for selecting projects. Section 8 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.

iii. Availability of Funds Obligation of a CHBP grant occurs when a selected applicant enters a projectgrant agreement is executed in FHWA’s Fiscal Management System (FMIS)the FHWA financial systems by both the recipient and FHWA which authorizes the project to proceed. For construction, this is generally after the applicant has satisfied applicable administrative requirements, including transportation planning and environmental review requirements and compliance with 23 CFR 635 subpart C “Physical Construction Authorization” for State DOT sponsors or 2 CFR 200.318 – 327 for non- State DOT sponsors.

CHBP Grant Program awards are subject to the following obligation and expenditure deadlines:

Fiscal Year Funding FY 2024 FY 2025

Obligation deadline for Highway Trust Funds and General Funds

September 30, 2027 September 30, 2028

Expenditure deadline for Highway Trust Funds

Available until fully expended

Available until fully expended

Expenditure deadline for general funds

September 30, 2032 September 30, 2033

2 https://www.transportation.gov/dot-strategic-plan 3 https://www.transportation.gov/sites/dot.gov/files/2023-01/USDOT%20RDT%20Strategic%20Plan%20FY 22- 26_010523_508.pdf

iv. Funding Restrictions The CHBP projects may only be administered by State DOTs. Accordingly, costs incurred prior to FHWA’s obligation of funds for a project may be eligible for reimbursement under an Advance Construction authorization project agreement in accordance with 23 U.S.C. 115. Grant funds may not be used to support or oppose union organizing, whether directly or as an offset for other funds.

v. Award Size There is no minimum or maximum award size. The anticipated number of Federal awards is approximately 15.

Note: States with more than 14 percent of total bridges classified as in poor condition shall receive not less than $65 million in funding ($32.5 million infor each fiscal year of available funding), pursuant to a determination that projects are eligible and sufficient to fund such amount. Iowa, Maine, South Dakota, and West Virginia qualify for this consideration.

vi. Type of Award The anticipated award(s) will be cost-reimbursable grant agreements.

vii. Period of Performance

The DOT Payment System will be “Current Bill” in the “FMIS” and theThe start of the period of performance will begin on the date CHBP funds are obligated in FMISthe grant agreement is executed by FHWA and end on the projectperiod of performance end date in FMIS, no later than September 30, 2032the grant agreement.

viii. Performance Goals Each applicant selected for CHBP grant funding must collect and report to FHWA information on the project’s performance using performance indicators supplied by FHWA that relate to the program goals and objectives identified in this Section 3. Reference Section 8 for further explanation.

ix. Previous Awards This grant program is not associated with any previous grant programs, eligibility and award criteria, or application requirements including the FY 2018 CHBP. The eligibility and award criteria and application requirements provided under this NOFO are unique to the FY 2024 and

FY 2025 CHBP.

4. APPLICATION CONTENTS AND FORMAT

All applications must be submitted electronically through grants.gov.

Note: DOT may share application information within DOT or with other Federal Agencies if DOT determines that sharing is relevant to the respective program’s objectives.

The application package must consist of the following in this order. For the CHBP, only the construction project forms apply.

Required Forms for Construction Project Applications:

Standard Form (SF) 424 (Application for Federal Assistance)

Grants.gov Lobbying Form (Certification Regarding Lobbying)

Disclosure of Lobbying Activities form (SF-LLL)

SF 424C (Budget Information for Construction Programs)

SF 424D (Assurances for Construction Programs)

Note: All mandatory SFs of the 424 family are available for download at https://www.grants.gov/web/grants/forms/sf-424-mandatory-family.html.

i. Standard Form 424 Note: Applicants may leave fields 5a, 5b, 6, 7, and 13 blank on the form.

Note: A number of separate PDF flat files must be attached in Item 15 to provide required project information that is not included in the body of the SF-424.

Instructions for adding Item 15 Attachments:

Click on “Add Attachments” in Item 15 to open the first pop-up window. Click “Add Attachment” and a second pop-up File Explorer/Directory window will appear, from which you can choose files to attach. Attachments can be added one at a time or all at once by holding down the CTRL key and selecting multiple files. Select “Open” to add the selected files as attachments.

Click “Done” to finalize the attachments.

Click “View Attachments” to see a list of files that have been added as attachments.

Required attachment(s) to the SF 424: the Project Narrative (see Section D.2.e) must be added as attachments to Item 15 of the SF-424:

ii. Grants.gov Lobbying Form

iii. Disclosure of Lobbying Activities form (SF-LLL)

iv. Required Forms for Construction Projects

Applicants proposing construction-related projects must submit the following forms:

A. SF 424C (Budget Information Construction Programs); and B. SF 424D (Assurances for Construction Programs).

Note: SF 424C should be supported by a budget narrative explaining each element of cost.

Protection of Confidential Business Information All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. If the applicant submits information that the applicant considers to be a trade secret or confidential commercial or financial information, the applicant must provide that information in a separate document, which the applicant may cross-reference from the application narrative or other portions of the application. For the separate document containing confidential information, the applicant must do the following: (1) State on the cover of that document that it “Contains Confidential Business Information (CBI)”; (2) mark each page that contains confidential information with “CBI”; (3) highlight or otherwise denote the confidential content on each page; and (4) at the end of the document, explain how disclosure of the confidential information would cause substantial competitive harm. The DOT will protect confidential information complying with these requirements to the extent required under applicable law. If DOT receives a Freedom of Information Act (FOIA) request for the information that the applicant has marked in accordance with this section, DOT will follow the procedures described in its FOIA regulations at 49 CFR 7.29. Only information that is in the separate document, marked in accordance with this section, and ultimately determined to be confidential under § 7.29 will be exempt from disclosure under FOIA.

v. Project Narrative The project narrative should provide information, including a table of contents, maps, and graphics as appropriate, necessary for FHWA to determine that the project satisfies the eligibility criteria described in Section 2 for the grant program and to evaluate the application using the criteria specified in Section 6. FHWA recommends that the project narrative follow the outline below. Following the outline will also assist evaluators in locating relevant information.

i. Basic Project Information – Description, Location, and Parties Section 4.vvi.A

ii. Grant Funds, Sources and Uses of all Project Funding Section 4.vvi.B

iii. Merit Criteria Section 4.vvi.C

iv. Project Readiness and EnvironmentalPermitting Risk Section 4.vvi.D

v. FHWA Priority Selection Considerations Section 4.vvi.E

To the extent practicable, applicants should provide supporting data and documentation in a form that is directly verifiable by FHWA. FHWA may, but is not required to, request additional information, including additional data to clarify supporting documentation submitted in an application. To ensure a fair and unbiased evaluation of applications submitted under this notice, FHWA will not request additional information to perfect incomplete applications.

FHWA recommends that the project narrative be prepared with standard formatting preferences (i.e., a single-spaced document, using a standard 12-point font such as Times New Roman, with

1-inch margins). The project narrative should not exceed 25 pages in length, appendices may include documents supporting assertions or conclusions made in the project narrative and do not count toward the 25-page limit. If possible, Website links to supporting documentation should be provided rather than copies of these supporting materials. If supporting documents are submitted, applicants should clearly identify within the project narrative the relevant portion of the project narrative that each supporting document supports. FHWA recommends using appropriately descriptive final names (e.g., “Project Narrative,” “Maps,” “Memoranda of Understanding and Letters of Support,” etc.) for all attachments.

A. Basic Project Information – Project Description, Location, and Parties

Project Description

The application should provide a concise description of the project, the transportation challenges it is expected to address, and how it will address those challenges. The description should include a list of the bridges in the bundling project and the type of work planned for each bridge. This list should include relevant NBI data, including the structure number, condition data, load rating and posting information, functional classification, current average daily traffic, current average daily truck traffic, and other relevant data to support the need for the type of work planned.

Project Location

The application should provide a concise description of the project including a detailed geographical description of the proposed project, a map of the project’s location and connections to existing transportation infrastructure, and geospatial data describing the project location (shapefiles will be accepted under 200MB file size).

The application should identify whether the project is located in an urban or rural community.

For the purpose of this NOFO, FHWA will consider communities that are within Urbanized Areas (i.e., areas with a population of 50,000 or more) to be urban communities and all other communities to be rural. FHWA will rely on the digital maps and geographic shapefiles for the 2020 Census urban areas depicted on the FHWA HEPGIS maps of MPO and 2020 Census Urban Areas - FHWA HEPGIS Maps (dot.gov) (refer to the “MPO and Air Quality Tab” and then scroll to “MPO and 2020 Census Urban Areas”) which correlates the definitions of “urban”4 and “rural areas”5 under Title 23 U.S.C. and Bureau of the Census data. A list of 2020 census designated

4 The term “urban area” means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or urban place as designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area in each State, or urban place as designated by the Bureau of the Census having a population of 5,000 or more and note within any urbanized area. (23 U.S.C.

101(35)). The term “urbanized area” means an area with a population of 50,000 or more designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census. (23 U.S.C. 101(36)).

5 The term “rural areas” means all areas of a State not included in urban areas. (23 U.S.C. 101(25)) urban areas is available in the Census Bureau’s December 29, 2022 Federal Register Notice (87

FR 80114).”

Lead Applicant

This section of the application should provide details about the lead applicant. Eligible applicants are identified in Section 1. The details should include the lead applicant’s demonstrated experience with receipt and expenditure of Federal-aid highway program funds under Title 23 U.S.C. FHWA will consider the degree of experience as part of the project readiness evaluation. If an application is rated highly under other criteria, but the applicant has no or limited experience with the receipt and expenditure of Federal-aid highway program funds, FHWA may contact the applicant prior to final selection of FY 2024 and FY 2025 applications selected to receive program awards to discuss technical resources that may be available to assist the applicant in obtaining the capacity and expertise to ensure compliance with all applicable Federal requirements and timely delivery of the project.

Other Public and Private Parties

The applicant should describe in detail all the other public and private parties who are involved in delivering the project, including a specific description of the role of each entity in delivering the project.

The applicant should state whether a private or non-private entity will receive a direct and predictable financial benefit if the project is selected for award. This includes, but is not limited to, private and non-private entities directly benefitting from completion of the proposed project.

If this project directly involves or benefits a specific private corporation, a non-public entity, or a public entity, please identify the full name of each entity, separated by a comma.

B. Grant Funds, Sources, and Uses of Project Funds

The applicant should describe the project’s budget in detail and the plans for covering the full cost of the project from all sources. The project budget should show how different funding sources will share in each major project activity and present those data in dollars and percentages. The budget should identify other Federal funds the applicant is applying for or has been awarded, if any, that the applicant intends to use. When the application is for a project that will be delivered by a non-State DOT, the budget should identify other Federal funds the non- State DOT is applying for or has been awarded, if any, that the non-State DOT intends to use.

Funding sources should be grouped into three categories: (1) Non-Federal; (2) CHBP; and (3) Other Federal funds with specific amounts from each funding source.

The applicant should provide an estimate of the budget required for each bridge in the project bundle and denote if the funding sources vary by bridge.

The project budget should identify all Federal funds to be used for future eligible costs of the project, including the requested CHBP grant amount, other Federal grants that have been awarded to the project or for which the project intends to apply in the future, and any Federal formula funds that have already been programmed for the project or are planned to be programmed for the project. For each category of Federal funds to be used for future eligible project costs, identify the amount, nature, and source of any required non-Federal match for those funds.

FHWA recognizes that applicants may be seeking funding from multiple competitive grant programs and opportunities. An applicant may seek the same award amounts from multiple DOT competitive opportunities or seek a combination of funding from multiple DOT opportunities. The applicant should identify any other DOT programs and opportunities they intend to apply for (or utilize if the Federal funding is already available to the applicant), and what award amounts they will be seeking.

If the project includes phases of work that precede construction, the budget should separate the costs of each project delivery phase. The budget should be detailed enough to demonstrate that the project satisfies the CHBP statutory cost-sharing requirements described in Section 2 and those associated with each category of Federal funding.

The application should include information showing sufficient contingency amounts have been budgeted to cover unanticipated cost increases. In addition to the information enumerated above, this section should provide complete information on how all project funds may be used, availability and funding commitments. For example, if a source of funds is available only after a condition is satisfied, the application should identify that condition and describe the applicant’s control over whether it is satisfied. Similarly, if a source of funds is available for expenditure only during a fixed period, the application should describe that restriction. Complete information about project funds will ensure that FHWA’s expectations for award execution align with any funding restrictions unrelated to FHWA, even if an award differs from the applicant’s request.

C. Merit Criteria

The applicant should describe how the proposal meets the merit criteria listed in Section 6.

FHWA encourages applicants to address each criterion. Insufficient information to assess any criterion will negatively impact the project rating. Applicants should note that merit reviewers will focus on the project narrative section of the application and will not be required to reference the other sections in the application package; therefore, all relevant information to demonstrate alignment with the merit criteria as described in Section 6 should be included in this section of the application. Applicants should describe the merit criteria in the order in which they are described in the NOFO and address each criterion separately. Guidance describing how FHWA will evaluate projects against the merit criteria is in Section 6 of this notice. Applicants should review that section before considering how to organize their application.

D. Project Readiness and EnvironmentalPermitting Risk

The application should include information that, when considered with the project budget information, is sufficient for FHWA to evaluate whether the project is reasonably expected to begin construction in a timely manner. To assist FHWA’s project readiness assessment, the applicant should provide the information requested on technical feasibility, project schedule, project approvals, and project risks, each of which is described in greater detail in the following sections. Applicants should address how an award that is less than requested may impact project readiness while still delivering a completed construction project that satisfies the definition of a project bundle, i.e., includes at least two bridge projects. Applicants are not required to follow the specific format described here, but this organization, which addresses each relevant aspect of project readiness, promotes a clear discussion that assists project evaluators.

Technical Feasibility

Applicants should include a detailed statement of work that focuses on the technical and engineering aspects of the project and describes in detail the project to be constructed. The applicant should demonstrate the technical feasibility of the project with engineering and design studies and activities; the development of design criteria and/or a basis of design; the basis for the cost estimate presented in the application, including the identification of contingency levels appropriate to its level of design; and any scope, schedule, and budget risk-mitigation measures.

The applicant should also demonstrate the applicant’s capacity to successfully deliver the project in compliance with applicable Federal requirements including, but not limited to, compliance with Title VI/Civil Rights requirements, to ensure that no person is excluded from participation, denied benefits, or otherwise subjected to discrimination under any program or activity, on the basis of race, color, national origin, sex, age, or disability..

Project Schedule

The applicant should include a detailed project schedule that identifies all major project milestones. Examples of such milestones include State and local planning approvals (programming on the STIP); start and completion of the National Environmental Policy Act (NEPA) and other Federal environmental reviews and approvals, including permitting, design completion, right-of-way acquisition, approval of plans, specifications and estimates;

procurement; State and local approvals; project partnership and implementation agreements including agreements with railroads; and construction. The project schedule should be sufficiently detailed to demonstrate that:

All necessary activities will be complete to allow CHBP funds to be obligated timely and that any unexpected delays will not put the funds at risk of expiring before they are obligated.

All real property and right-of-way acquisition necessary for the project will be completed in a timely manner in accordance with 49 CFR part 24, 23 CFR part 710, and other applicable legal requirements or a statement that no acquisition is necessary. A plan for securing any required right-of-way agreements should be included. If applicable, this section should describe a right-of-way acquisition plan that minimally disrupts communities and maintains community cohesion.

Required Approvals

Environmental Permits and Reviews

The application should provide documentation of receipt (or the schedule for anticipated receipt) of all environmental approvals and permits necessary for the project to meet the project delivery timeline specified in the project schedule, and necessary to meet the statutory obligation deadline if applicable, including satisfaction of all Federal, State, and local requirements and completion of the NEPA process. Specifically, in this section the applicant may elaborate on the NEPA evaluation process. If the final agency action with respect to NEPA occurred more than 3 years before the planned construction date, the applicant should describe a proposed approach for updating this material in accordance with applicable NEPA reconsideration requirements. This section should also provide:

Any information on reviews, approvals, and permits by other Federal and State agencies.

An application should indicate whether the proposed project requires reviews or approval actions by other agencies, indicate the status of such actions, and provide detailed information about the status of those reviews or approvals and should demonstrate compliance with any other applicable Federal, State, or local requirements, and when such approvals are expected. Applicants should provide a Website link or other reference to copies of any reviews, approvals, and permits prepared.

Environmental studies or other documents – preferably through a Website link – that describe in detail known project impacts, and possible mitigation for those impacts.

A description of discussions with FHWA regarding the project’s compliance with NEPA and other applicable Federal environmental reviews and approvals.

A description of public engagement about the project that has occurred, including details on the degree to which public comments and commitments have been integrated into project development and design.

State and Local Approvals

The applicant should demonstrate receipt (or the schedule for anticipated receipt) of State and local approvals on which the project depends, such as State and local environmental and planning approvals, and STIP or TIP funding. Additional support from relevant State and local officials is not required; however, an applicant should demonstrate that the project has broad public support, including support from impacted communities.

Federal Transportation Requirements Affecting State and Local Planning

The planning requirements applicable to the Federal-aid highway program apply to all CHBP projects.6 Applicants should demonstrate that a project that is required to be included in the relevant State, metropolitan, and local planning documents has been or will be included in such documents. If the project is not included in a relevant planning document at the time the application is submitted, the applicant should submit a statement from the appropriate planning agency that actions are underway to include the project in the relevant planning document.

Applicants should provide links or other documentation supporting this consideration.

Because projects have different schedules, the construction start date for each grant will be specified in the project-specific agreements signed by FHWA and the grant recipients will be based on critical path items that applicants identify in the application and will be consistent with relevant State and local plans.

Assessment of Project Risks and Mitigation Strategies

Project risks, such as procurement delays, environmental uncertainties, increases in real estate acquisition costs, uncommitted local match, pushback from stakeholders or impacted communities, or lack of legislative approval, affect the likelihood of successful project start and completion. To ensure the project schedule is reasonable and that there are no risks of delays in satisfying the prerequisites for timely obligation of grant funding, the applicant should identify all material risks to the project and the strategies that the lead applicant and any project partners have undertaken or will undertake to mitigate those risks.7 The applicant should assess the greatest risks to the project and identify how the project parties will mitigate those risks.

E. FHWA Priority Selection Considerations

The applicant should describe how the proposal meets the FHWA Priority Selection Considerations listed in Section 6. The applicant should include a section to highlight any

6 In accordance with 23 U.S.C. 134 and 135, all projects requiring an action by FHWA must be in the applicable plan and programming documents (e.g., metropolitan transportation plan (MTP), TIP, and STIP). Further, in air quality non-attainment and maintenance areas, all regionally significant projects, regardless of the funding source, must be included in the conforming MTP and TIP. Inclusion in STIP is required under certain circumstances. To the extent a project is required to be on an MTP, TIP, and/or STIP, it will not receive a grant until it is included in such plans. Projects not currently included in these plans can be amended by the State and metropolitan planning organization. Projects that are not required to be in long range transportation plans, STIPs, and TIPs will not need to be included in such plans to receive a grant.

7 FHWA considers an applicant’s lack of experience with receipt and expenditure of Federal-aid highway funds under Title 23 U.S.C. a material risk.

priority considerations the project will address. Detailed information demonstrating how the project supports the priority consideration(s) and references to earlier sections of the narrative along with supporting documentation should be included in the application.

F. Process for Resubmittal of a Bridge Investment Program Application to CHBP

The BIP consists of three types of grants, Large Bridge, Bridge, and Planning. An application that was previously submitted for the FHWA BIP for a FY 2023-2026 Bridge Project grant, not for a BIP Large Bridge Project or a BIP Planning grant, and and which washas not been selected for award may be eligible for resubmittal to the FY 2024 and FY 2025 CHBP.

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