NOFO - RFA 693JJ920R000060_State Notification of Motor Vehicle Recall.pdf

Notice of Funding Opportunity (NOFO)

Federal Agency United States Department of Transportation (U.S. DOT) National Highway Traffic Safety Administration (NHTSA)

Funding Opportunity Title State Notification to Consumers of Motor Vehicle Recall Status

NHTSA NOFO Number

693JJ920R000060

Assistance Listing Program Number (formerly CFDA)

20.614 - National Highway Traffic Safety Administration (NHTSA) Discretionary Safety Grants

Key Dates NOFO Posted Date: May 7, 2020 NOFO Questions Due Date: July 15, 2020 Application Due Date: September 15, 2020

NOFO#: 693JJ920R000060

State Notification to Consumers of Motor Vehicle Recall Status

TABLE OF CONTENTS

SECTION TITLE

N/A PROGRAM SUMMARY INFORMATION

A. Federal Agency Name B. Funding Opportunity Title C. Announcement Type D. Funding Opportunity Number E. Assistance Listing Program Number (formerly CFDA) F. Key Dates

N/A MISSION

A PROGRAM DESCRIPTION

A.1 Purpose and Objective A.2 Program Authority A.3 Background

B FEDERAL AWARD INFORMATION

B.1 Funding and Type of Award B.2 Period of Performance B.3 Applications for Renewal or Supplementation of Existing Projects B.4 Statement of Responsibilities B.5 Deliverables and Milestones B.6 Place of Delivery

C ELIGIBILITY INFORMATION

C.1 Eligible Applicants C.2 Cost Sharing or Matching

D APPLICATION AND SUBMISSION INFORMATION

D.1 Address to Request Application Package D.2 Content and Form of Application Submission D.3 Unique Entity Identifier and System for Award Management (SAM) D.4 Submission Dates and Times D.5 Funding Restrictions D.6 Other Submission Requirements

E APPLICATION REVIEW INFORMATION

E.1 Criteria E.2 Review and Selection Process E.3 System for Acquisition Management Review E.4 Anticipated Announcement and Federal Award Dates

F FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices F.2 Administrative and National Policy Requirements F.3 Reporting

G FEDERAL AWARDING AGENCY CONTACTS

H OTHER INFORMATION

H.1 Disclosure of Information H.2 Limited Use of Data H.3 Payment for Unauthorized Work H.4 Place of Performance H.5 Seat Belt Use Policies and Programs H.6 Protection of Human Subjects H.7 Disputes H.8 Encouraging Polices to Ban Text Messaging While Driving H.9 NHTSA Review of Announcement or Publications H.10 Recertification H.11 Conflict of Interest Appendix A NHTSA General Provisions for Assistance Agreements Appendix B Copies of Standard Forms and Certifications

PROGRAM SUMMARY INFORMATION

A. FEDERAL AGENCY NAME

U.S. Department of Transportation (DOT) National Highway Traffic Safety Administration (NHTSA)

B. FUNDING OPPORTUNITY TITLE

State Notification to Consumers of Motor Vehicle Recall Status

C. ANNOUNCEMENT TYPE

Initial Announcement

D. FUNDING OPPORTUNITY NUMBER

693JJ920R000060

E. ASSISTANCE LISTING PROGRAM NUMBER (formerly CFDA)

20.614 - National Highway Traffic Safety Administration (NHTSA) Discretionary Safety Grants

F. KEY DATES

NOFO Posted Date: 05/07/2020 NOFO Questions Due Date: 07/15/2020 Application Due Date: 09/15/2020

SECTION A - PROGRAM DESCRIPTION

A.1 PURPOSE AND OBJECTIVE

The U.S. Department of Transportation (DOT), National Highway Traffic Safety Administration (NHTSA), hereby requests applications from eligible departments or offices of States (including territories of the United States) to obtain funding to assist States with the development and implementation of a State process for informing motor vehicle owners and lessees of open motor vehicle recalls at the time of motor vehicle registration or other touch points associated with vehicle registration. Grants will support States in developing a methodology for determining open recalls on motor vehicles, informing owners and lessees of the open recalls at the time of registration and other intersections of the consumer’s vehicle and the State, and evaluating through the analysis of completed recalls the performance of the notification program. Award Recipients must implement the notification program for a two-year period and then evaluate the results.

A.2 PROGRAM AUTHORITY

National Traffic and Motor Vehicle Safety Act of 1966, as amended (49 U.S.C. Chapter 301).

See also, Section A.3, Background.

A.3 BACKGROUND

NHTSA is responsible for reducing deaths, injuries and economic losses resulting from motor vehicle crashes. This is accomplished by setting and enforcing safety performance standards for motor vehicles and motor vehicle equipment, and through grants to state and local governments to enable them to conduct effective local highway safety programs. NHTSA investigates safety defects in motor vehicles, sets and enforces fuel economy standards, helps states and local communities reduce the threat of impaired drivers, promotes the use of safety belts, child safety seats and air bags, investigates odometer fraud, establishes and enforces vehicle anti-theft regulations and provides consumer information on motor vehicle safety issues.

The National Traffic and Motor Vehicle Safety Act, 49 U.S.C. §§ 30101 et. seq., as amended (the Safety Act), requires a motor vehicle manufacturer to notify the owners and purchasers of its vehicles of a safety-related defect, or that the vehicle does not comply with an applicable Federal motor vehicle safety standard. 49 U.S.C. § 30118. A vehicle manufacturer must provide notice of a recall, in a manner prescribed through regulation by NHTSA, to each person registered under State law as the owner and whose name and address are reasonably ascertainable by the manufacturer through State records or other available sources or (if a registered owner is not notified through State registration information) to the most recent purchaser known to the manufacturer. 49 U.S.C. § 30119(d).

In order to identify owners of vehicles subject to a safety-related recall and provide notification to them, a motor vehicle manufacturer typically contracts with a third party that obtains vehicle registration data for the affected vehicles from State motor vehicle administrations. The motor vehicle manufacturer then notifies owners and purchasers by U.S.

Mail, about the safety recall and, among other things, about how to obtain a remedy to fix the defect or noncompliance. See 49 U.S.C. § 30119(d); 49 CFR part 577. To obtain a remedy, the consumer must then present the recalled motor vehicle to an authorized dealer for the dealer to remedy the defect or noncompliance. 49 U.S.C. § 30120.

Recall completion rates can and do vary widely depending on a variety of factors such as the age and type of vehicle, as well as owners’ perception of relative risk. See NHTSA, Report to Congress: “Vehicle Safety Recall Completion Rates Report” (2017).1 Considering this wide range, regardless of completion averages, the fact remains that there are at any time tens of millions of vehicles on the road with unremedied safety defects or noncompliances, each one creating a safety risk. NHTSA and the motor vehicle industry have sought to improve notice of safety-related defects to owners and to develop ways to increase the rate at which owners complete the remedy identified in the notice.

In 2016, in accordance with Section 24105 of the Fixing America’s Surface Transportation (FAST) Act, Pub. L. No. 114-94, § 24105 (2015), NHTSA announced a pilot program to evaluate the feasibility and effectiveness of a State process to inform consumers of open motor vehicle recalls at the time of motor vehicle registration. The grant was conditioned upon a State having the capability to use a vehicle identification number (VIN) to identify whether the specific vehicle was subject to an open safety recall. In 2017, NHTSA awarded the Maryland Motor Vehicle Administration a grant to provide vehicle owners and lessees notice of open safety related recalls on their vehicles. Maryland began notifying vehicle owners and lessees in the Spring of 2018.

Since the start of the Maryland notification program, several States have expressed an interest in partnering with NHTSA to provide similar recall notification to consumers in their states.

While the Maryland Pilot Program offers a promising effort to increase consumer awareness to repair open safety recalls (and an opportunity to measure the effectiveness of such notification), additional notification by State DMVs will increase consumer awareness of open safety recalls and increase the repair rate of recalled vehicles. NHTSA believes such efforts will ultimately reduce the risk of a crash or injury due to a safety defect. Under its existing authority provided in the Safety Act, NHTSA is offering this opportunity to further develop this State-to-consumer notification program to increase awareness of open recalls.

NHTSA encourages applicants to be creative and innovative when developing a proposal (application) for this grant. NHTSA is interested in proposals that provide vehicle owners and lessees with frequent notifications at touchpoints between the State and the vehicle. For example, NHTSA is interested in proposals that may offer options at the time of vehicle registration and other unique notification methods (or even follow-up notification). One potential option is to have notification at the time of registration and at motor vehicle emissions and/or safety inspection stations. A State is free to propose a process to make use of the functionality that may exist through its inspection stations or other intersections between the State and the consumer’s vehicle. NHTSA does not want to discourage innovative approaches, provided they satisfy the program requirements of notification at the intersection of a vehicle owner or lessee and the State.

1 A copy of the Vehicle Safety Recall Completion Rates Report is located on NHTSA’s website at:

https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13376-recall_completion_rates_rtc-tag_final.pdf https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13376-recall_completion_rates_rtc-tag_final.pdf https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13376-recall_completion_rates_rtc-tag_final.pdf

NHTSA is also interested in proposals that provide an analysis of recall completion data on an ongoing basis to assist in program evaluation, or assessment of owners’ attitudes toward a particular recall notification protocol. In particular, NHTSA is interested in ways for a State to identify the motor vehicles that were remedied following notification of an open recall by the State. NHTSA looks forward to reviewing resourceful approaches that will motivate owners to remedy open recalls.

SECTION B - FEDERAL AWARD INFORMATION

B.1 FUNDING AND TYPE OF AWARD

A total of $1,500,000 is available to fund up to six (6) discretionary Grant Agreements.

NHTSA will only accept one (1) application from each department or office of the State (including territories of the United States) that is responsible for motor vehicle registration.

Submission of an application is not a guarantee of award. The total number of awards and amount of funds provided to each recipient will depend on the depth and quality of the programs/proposals submitted for consideration. Therefore, the agency may make fewer than six (6) awards.

Given the amount of funds available for this effort, applicants are encouraged to seek other funding opportunities to supplement the Federal funds. Preference may be given to applicants with cost sharing or in-kind contributions identified in their applications/proposals. Nothing in this NOFO should be construed as committing NHTSA to make any award and NHTSA reserves the right to issue a new notice of funding opportunity if necessary.

B.2 PERIOD OF PERFORMANCE

The period of performance is thirty (30) months from the effective date of award for each grant. This accounts for a three (3) month period to put the notification system in place, followed by a twenty-four (24) month period of continuous owner and lessee notification at the time of vehicle registration in the State, followed by a three (3) month period to evaluate the program results and provide a report of performance to the agency.

B.3 APPLICATIONS FOR RENEWAL OR SUPPLEMENTATION OF EXISTING

PROJECTS

Applications for renewal or supplementation of existing projects are not eligible for an award.

See Section C.1, Eligible Applicants.

B.4 STATEMENT OF RESPONSIBILITIES

A. Under this Grant NHTSA will:

1. Designate a professionally qualified staff member, designated as the Contracting Officer's Representative (COR) (AA), to provide liaison and coordination between the Recipient and

NHTSA;

2. Provide all essential background information and technical assistance from government sources, available resources as determined appropriate by the NHTSA COR (AA);

3. Provide coordination with other government/private organizations (as appropriate);

4. Maintain on-going contact with the Recipient regarding conduct of this Grant Agreement;

5. Stimulate the exchange of ideas and information among recipients of related projects through periodic meetings;

6. Reserve the right to terminate this agreement at any time, prior to its conclusion, for reason(s) that are in the best interest of either party.

B. Under the Grant, the Recipient agrees to meet the following conditions:

1. Carry out the project as described in the Recipient’s technical proposal and detailed final work plan, as coordinated with the NHTSA COR(AA);

2. Advise the NHTSA COR (AA) of any problems or issues involved in the implementation or progress of the Grant Agreement;

3. Adhere to the procedures or objectives specified in the Grant Agreement unless logical and feasible deviations are submitted to the NHTSA COR (AA) and approved in writing by the Contracting Officer (CO); and

4. For the period of performance set forth in B.2, “Period of Performance,” furnish personnel, equipment, and facilities and otherwise perform all things necessary to complete the work required to accomplish the Grant Agreement’s objective as specified.

B.5 DELIVERABLES (D) AND MILESTONES (M)

The deliverables and milestones shall be established and defined within the Grant issued under the authority listed within Section A.2 of this NOFO.

Upon award, all deliverable items shall be submitted electronically to the COR (AA) and Contract Specialist in accordance with the following schedule. Paper copies shall be submitted only upon request of the COR (AA), Contracting Officer, or Contract Specialist.

Item # Condition Milestones (M)/Deliverables (D): Due Date After Award

1. 1. Kick-off Meeting (M) No later than 30 Days after the Effective Date of Award

2. 2. Revised Project Plan (D) No later than 30 days after Item no. 1

3. 3. Commence notification program (M) Within 90 days after the Effective Date of Award

4. 4. Quarterly Report (D) Quarterly (within 10 days following the end of the reporting quarter being reported)

5. 5. Draft Final Evaluation Report (D) No later than 45 days before the end of the performance period

6. 5. COR (AA) review of Draft Final Report (M)

Within 15 days after receipt of Draft Final Evaluation Report

Item # Condition Milestones (M)/Deliverables (D): Due Date After Award

7. 6. Final Project Briefing (M) No later than 20 days before the end of the performance period

8. 7. Final Evaluation Report (D) No later than 10 days before the end of the performance period

9. 8. Financial Status Reports (D) Provided by the 15th day of the month, following the quarter being reported.

B.6 PLACE OF DELIVERY

All deliverables of items shall be delivered to the following addresses in the numbers of copies specified below:

Item no. Address

2, 4, 5, 8, & 9

Department of Transportation National Highway Traffic Safety Administration 1200 New Jersey Avenue, SE, NPD-110 Washington, DC 20590 Room: TBD Attn: TBD Email Address: TBD Telephone Number: TBD

8 & 9

Department of Transportation National Highway Traffic Safety Administration Office of Acquisition Management

NFO-300, W53-411

1200 New Jersey Avenue, SE Washington, DC 20590 Attn: Marlin Ricketts-Evans Email: M.Ricketts-Evans@dot.gov Telephone: 202-366-1772

SECTION C - ELIGIBILITY INFORMATION

C.1 ELIGIBLE APPLICANTS

Applications may be submitted by the department or office of the State (including territories of the United States) that is responsible for motor vehicle registration.

Eligible States (including territories of the United States) exclude state authorities that have an existing federal award with NHTSA for the “State Notification to Consumers of Motor Vehicle Recall Status” grant program. NHTSA will review all applications to make sure ONLY applications in compliance with this requirement are considered for funding.

Interested applicants are advised that no fee or profit will be allowed under this grant program.

Applicants must have a demonstrated ability to—

• Commence the notification program within 90 days of the award;

• Obtain current open recall data in a timely manner;

• Provide open recall data without charge or cost to each owner or lessee of a motor vehicle presented for registration in the State for any open recall on that vehicle and to provide such data regardless of the manner in which the consumer registered the vehicle (e.g., counter service, Internet, U.S. Mail);

mailto:M.Ricketts-Evans@dot.gov

• Provide open motor vehicle recall information to the owner or lessee that consists of, at a minimum, a brief description of the safety defect or noncompliance, a statement of the risk to safety, and a statement that the authorized dealer will remedy the vehicle at no charge;

• Collect data identifying the make, model, model year and VIN of all motor vehicles presented for registration in the State during the notification period and all such motor vehicles for which notification of open recall(s) was provided; and

• Collect data on and track motor vehicles for which notification of open recall(s) was provided to determine if the remedy for the recall on the vehicle was obtained for program evaluation purposes.

C.2 COST SHARING OR MATCHING

Cost-sharing or matching requirements are not required under this NOFO. While not mandatory, applicants are encouraged to seek funds from other Federal, State, local, and private sources to augment those Federal funds available under this NOFO. Preference may be given to applicants with cost sharing or in-kind contributions identified in their applications/proposals.

SECTION D - APPLICATION AND SUBMISSION INFORMATION

D.1 ADDRESS TO REQUEST APPLICATION PACKAGE

A copy of this NOFO, including all application forms, can be retrieved from www.grants.gov using the following basic search criteria:

• Keyword(s): State Notification to Consumers of Motor Vehicle Recall Status

• Opportunity Number: 693JJ920R000060

• CFDA Number: 20.614

If obtaining an electronic copy of the NOFO is not accessible, paper copies of materials may be requested by mail to the following address:

National Highway Traffic Safety Administration (NHTSA) Office of Acquisition Management (NFO-300) Attn: Marlin Ricketts-Evans 1200 New Jersey Avenue, S.E., W51-117 Washington, DC 20590

D.2 CONTENT AND FORM OF APPLICATION SUBMISSION

Each application package must include the following required documents:

• The application shall not exceed twenty (20) pages (not including resumes or appendices). The application must be in English.

http://www.grants.gov/

• If submitting the application in hardcopy or digital storage media format: OMB Standard Form (SF) 424 (including 424 “Application for Federal Assistance,” 424A “Budget Information for Non-Construction Programs,” and 424B “Assurances for Non-Construction Programs”), with the required information filled in and certified assurances signed. These forms can be accessed by going to https://www.grants.gov/web/grants/forms/forms-repository.html. These forms are available in Appendix B.

• The applicant must provide a detailed breakdown of the proposed costs, as well as any in-kind costs, by year. This cost breakdown shall not only identify cost categories, but shall also identify specific sub-categories (and associated costs). For example, Labor Costs should include labor categories, associated levels of effort, and rates; Direct Materials costs including itemized equipment and supplies costs; Travel and transportation costs, including projected trips and number of people traveling;

Subcontractor/ Sub-recipient costs with similar detail, if known; and overhead. The applicant must also justify each proposed cost by explaining how each cost was calculated and determined to be fair and reasonable. Finally, the applicant should also include copies of any supporting documentation it may have (i.e. indirect cost rate agreements, etc.) as part of the budget package.

• Non-Federal funding sources are encouraged. Since activities may be performed with a variety of financial resources, applicants need to fully identify all project costs and their funding sources in the proposed budget. The proposed budget must identify all funding sources in sufficient detail to demonstrate that the overall objectives of the project will be met. All other factors being equal, preference may be given to those that have proposed cost-sharing strategies and/or other proposed funding sources in addition to those in this announcement.

• Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department encourages applicants to describe how activities proposed in their application would address the unique challenges facing rural transportation networks, regardless of the geographic location of those activities.

• Program Narrative Statement: The application/proposal must fully describe the scope of the project, providing a project plan detailing the activities and costs for which funding is being requested. Also, applications for this program must include the following information in the program narrative statement:

o A table of contents including page number references.

o A description of the applicant’s methodology for determining open motor vehicle recalls. The description must be specific and address the source of the data, how the data will be obtained by the applicant, how the applicant proposes to integrate the data into its registration process and system, and how the applicant will https://www.grants.gov/web/grants/forms/forms-repository.html https://www.transportation.gov/rural maintain the quality, completeness and timeliness of the data. Identify any third-party vendor that the applicant proposes to engage to obtain the open recall data.

o A description of the applicant’s methodology for informing a consumer of an open motor vehicle recall when a motor vehicle is presented for registration with the State. The applicant must be specific and address the format for notification for each method in which an owner or lessee may register a motor vehicle in the State.

The applicant must include the proposed language informing the consumer of an open motor vehicle recall. Any notice must include, at a minimum, a brief description of the safety defect or noncompliance, a statement of the risk to safety, and a statement that the authorized dealer will remedy the vehicle at no charge.

Identify any other touchpoints where a State may contemplate providing notification such as driver’s license renewal, emissions or safety inspections.

o A description of the data that the applicant will maintain on each motor vehicle registered during the program’s period of performance. The applicant must be able to obtain and maintain data and provide it in an easily accessible format (e.g.

Microsoft Access or Excel). For each motor vehicle registered, the applicant must be able to identify the make, model, model year, VIN, date of vehicle registration, the existence of an open recall at the time of registration, manufacturer’s recall identification number or NHTSA’s identification number, if applicable, the format of the notification to the consumer of the existence of an open recall, and the date the remedy was obtained. The applicant may maintain additional information that it believes would be helpful to implement and evaluate the notification program.

This information must be identified by the applicant.

o A description of the plan to evaluate performance of the notification program to determine the extent to which an open recall has been remedied, including how information and data will be obtained, compiled, analyzed, and reported. The applicant must specifically identify the data required to evaluate performance.

This should be more than a process evaluation.

o Demonstrated technical and management skills to successfully design, conduct, and evaluate the notification program. The applicant may identify other Federal or State grants, or programs similar to this effort that have been undertaken by the applicant. The applicant should demonstrate that such similar programs have resulted in timely, adequate and complete projects. The applicant should also include a narrative description of documented experience, clearly indicating the relationship of similar programs to this project and provide details such as project description and sponsoring agency. References to completed final project reports should include the author’s name and contact information if available.

o The applicant must identify any potential challenges to successfully implementing the notification program or any challenges that may impede the ability of the applicant to obtain open motor vehicle recall data, inform owners or lessees of open recalls or evaluate the performance of the notification program. In addition, the applicant must explain if there has been or could be any major changes within the State that may enhance or, more importantly, jeopardize the success of this program.

o A description of how the proposed project will be managed. The application shall identify the proposed project manager and other personnel considered critical to the successful accomplishment of the project, including a brief description of their qualifications and respective organizational responsibilities. The role and responsibilities of the applicant and any others included in the application package shall be specified. The proposed level of effort in performing the various activities shall also be identified.

o The applicant must furnish an organizational chart and résumés of each proposed staff member.

o A detailed explanation of time schedules, milestones, and product deliverables, including quarterly reports, and draft and final reports.

• Commitment and Support: When other sources and organizations are required to complete the proposed effort, the applicant shall provide proof of their commitment to the agreement effort. Such proof can be a letter of support or buy-in indicating what the organization will provide to the applicant.

• Additional Cost Information o The Government reserves the right to request, at any time after the receipt of applications and before award, additional cost or price information necessary to perform an analysis. Regular invoicing (monthly or quarterly) is required.

Irregular invoicing could result in a reduction of available funding for subsequent years.

o Given that an award may be made without negotiations and without any discussion, each Applicant shall document and support the proposed costs so thoroughly that no additional information is needed by NHTSA.

o Applicants shall ensure that all proposed costs, including non-federal contributions and contributions from other federal sources, are reasonable, allowable, and allocable according to the cost principles stated in 2 CFR Parts 200 and 1201.

• CERTIFICATION INFORMATION: The Applicant shall provide with its application signed certification forms covering the requirements in 49 CFR Part 20, U.S. Department of Transportation New Restrictions on Lobbying. This form is available in Appendix B.

D.3 UNIQUE ENTITY IDENTIFIER AND SYSTEM FOR AWARD

MANAGEMENT (SAM)

Each applicant is required to:

• Be registered in SAM before submitting its application;

• Provide a valid unique entity identifier in its application (e.g., DUNS Number); and

• Continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by NHTSA.

NHTSA may not make a grant award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements. If an applicant has not fully complied with the requirements by the time NHTSA is ready to make an award, NHTSA may determine that the applicant is not qualified to receive an award and use that determination as a basis for making a grant award to another applicant. NHTSA will review an applicant’s registration status to make a responsibility determination and to ensure that the applicant is responsible, current on all federal taxes, and is not on the list of parties excluded from federal awards.

D.4 SUBMISSION DATES AND TIMES

Application Due Date and Time

Applications must be submitted no later than 1:00 p.m. Eastern Time, on Tuesday, September 15, 2020.

Only complete packages received on or before the published due date will be considered.

Applications received after the due date will not be evaluated for consideration. Facsimile submission of proposals will not be accepted. NHTSA will only accept one (1) application from each applicant. NHTSA will provide acknowledgments of receipt of applications via email.

Questions Due Date and Time

General administrative and programmatic questions must be directed to Mr. Marlin Ricketts- Evans, Contract Specialist, at NHTSAOAM@dot.gov with a copy to m.ricketts-evans@dot.gov. To allow for sufficient time to address questions appropriately, all questions must be submitted via email no later than 1:00 P.M. Eastern Time on Wednesday, July 15, 2020.

D.5 FUNDING RESTRICTIONS

• Funds awarded under this Agreement cannot be used for any activity intended to or designed to lobby Congress or a State legislative body, or to urge a U.S., State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body.

• All NHTSA awards are subject to the terms and conditions in the grant agreement and cost principles in 2 CFR Parts 200 and 1201.

• NHTSA will not reimburse applicants for pre-award costs.

D.6 OTHER SUBMISSION REQUIREMENTS

Each application should include:

• The NHTSA NOFO Number: 693JJ920R000060.

• Programs with multiple partners must submit a single application through the department or office of the State (including territories of the United States) that is responsible for motor vehicle registration.

Application Submission:

• Applications must be submitted to the attention of Mr. Marlin Ricketts-Evans, Contract Specialist, via email at NHTSAOAM@dot.gov with a copy to m.ricketts-evans@dot.gov, no later than 1:00 p.m. Eastern Time, on Tuesday, September 15, 2020.

Important: The timely submission of application packages is the sole responsibility of the applicant.

SECTION E - APPLICATION REVIEW INFORMATION

E.1 CRITERIA

NHTSA will evaluate the applications using the evaluation criteria below to rate and select competing applications. Evaluation Factors 1 through 4 will be weighted, with Factor 1 being weighted the most, and Factor 4 being weighted the least. Evaluation Factor 5 will be evaluated but not rated.

Submission of an application is not a guarantee of award. NHTSA may, at its discretion, award a grant based on an application in its entirety, award only portions of an application, or not make an award.

For each factor, the agency will determine whether the applicant has provided an acceptable explanation of its qualifications.

a. EVALUATION FACTOR 1: Program Approach/Project Plan

• The extent to which the applicant is knowledgeable about the notification program and its demonstrated ability to implement the program within the scope of this announcement.

• The extent to which the applicant’s methodologies are clearly articulated and performance is time-phased, specific, action-oriented, measurable, and achievable.

• The extent to which the applicant’s approach is feasible and the probability that the applicant’s approach would improve notification to consumers of open motor vehicle recalls and improve recall completion rates within the State.

• The extent to which the applicant clearly identifies and explains creative approaches to improve notification of motor vehicle safety recalls.

• The applicant’s plan for obtaining, maintaining and reporting data on the notification program.

• The degree to which the applicant has identified potential barriers to the implementation of new approaches and the applicant’s plans for mitigating or eradicating those barriers.

b. EVALUATION FACTOR 2: Resource Utilization

• The extent to which the proposed staff are clearly described, appropriately assigned, and have adequate skills and experience.

• The reasonableness of the applicant’s staffing plan, to include proposed level of effort and allocation of human resources.

• The extent to which financial resources (both federal and non-federal) are used in an efficient and effective manner.

• The extent to which the applicant demonstrates it has the systems, infrastructure and support to meet the objectives of the notification program.

c. EVALUATION FACTOR 3: Evaluation Plan

• The extent to which the evaluation plan clearly articulates the criteria, data and methodology to measure the performance of the notification program to (1) inform owners and lessees of open motor vehicle recalls and (2) identify whether a remedy was obtained for the open recall.

• The extent to which the evaluation plan indicates how the information/data that are collected in the project will be compiled, analyzed, interpreted and reported.

• The degree to which data and information sources are sufficient to evaluate properly the program’s results and potentials.

d. EVALUATION FACTOR 4: Experience, Financial Responsibility and Past Performance

• The extent to which the applicant has expertise in program development and evaluation.

• The applicant’s satisfactory history of grantor/grantee relationships.

• The extent to which the applicant has a solid record of financial responsibility and accountability as it relates to federal grant funding.

• The applicant’s history of compliance with Federal regulations as they relate to the administration of Federal grant agreements.

e. EVALUATION FACTOR 5: Cost/Budget Evaluation

The Applicant’s proposed budget will be evaluated for accuracy and feasibility, based on the provisions of 2 CFR Parts 200 and 1201.

For equally acceptable applications, preference may be given to those that have proposed cost-sharing strategies and/or other proposed funding sources in addition to those in this NOFO.

Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department recognizes that rural transportation networks face unique challenges. To the extent that those challenges are reflected in the merit criteria listed in this section, the Department will consider how the activities proposed in the application will address those challenges, regardless of the geographic location of those activities.

E.2 REVIEW AND SELECTION PROCESS

Each application package will be reviewed initially to confirm that the applicant meets the eligibility requirements as set forth in Section C.1, Eligible Applicants, and has included all of the items specified in Section D.2, Content and Form of Application Submission. A https://www.transportation.gov/rural

Technical Evaluation Committee (TEC) will then review each completed application that meets the eligibility requirements and provide recommendations for award.

NHTSA will also consider the following key Departmental Infrastructure principles:

• Supporting economic vitality at the national and regional level;

• Utilizing alternative funding sources and innovative financing models to attract non-

Federal sources of infrastructure investment;

• Accounting for the life-cycle costs of the project to promote the state of good repair;

• Using innovative approaches to improve safety and expedite project delivery; and

• Holding grant recipients accountable for their performance and achieving specific, measurable outcomes identified by grant applicants.

For each application, the TEC will rate the application using the following rating definitions:

Rating Definitions

Outstanding – The application demonstrates a professionally superior approach for accomplishing program objectives. The application is fully responsive to every aspect of the NOFO, within most or all areas covered by the announcement. The application demonstrated a large capability for excellent or highly productive results.

Good – The application demonstrates a comprehensive and fully acceptable, excellent approach for accomplishing program objectives. The application is fully responsive to every aspect of the NOFO, with capability for excellent or productive results in one or more major areas covered by the announcement.

Acceptable – The application meets minimum requirements of the NOFO; is responsive to all major aspects of NOFO; and is capable of achieving desired program objectives.

Unacceptable – The application demonstrates an incomprehensible or unacceptable approach, methods, organization, or capabilities; provided little to no detail as to how the program would be accomplished. The application is not capable of being evaluated.

The NHTSA Contracting Officer will award grants to responsible and eligible applicants whose applications are judged most meritorious under the procedures set forth in this NOFO.

E.3 SYSTEM FOR ACQUISITION MANAGEMENT REVIEW

NHTSA will review and consider any information about the applicant that is in the designated integrity and performance system accessible through the System for Acquisition Management (SAM), currently the Federal Awardee Performance and Integrity Information System

(FAPIIS).

Each applicant may review information in the SAM and provide comment in its application about itself that a Federal awarding agency previously entered and which is currently in SAM.

NHTSA will consider any comment submitted by the applicant, in addition to the other information in SAM when determining the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review under Section E.1.d.

E.4 ANTICIPATED ANNOUNCEMENT AND FEDERAL AWARD DATES

It is anticipated that multiple awards will be made no later than December 17, 2020.

HOWEVER, SUBMISSION OF AN APPLICATION DOES NOT GUARANTEE AN

AWARD WILL BE MADE.

SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 FEDERAL AWARD NOTICES

All funds provided by NHTSA must be expended solely for the purpose for which the funds are awarded in accordance with the approved application and budget, the Uniform Administration Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR Parts 200, 1200 and 1201), and the NHTSA General Provisions for Assistance Agreements, as provided in Appendix A.

The Grant Agreement award will provide pertinent instructions and information including, at a minimum, the following:

• General Federal Award Information:

o Recipient name;

o Recipient’s unique entity identifier;

o Unique Federal Award Identification Number (FAIN) assigned by

NHTSA;

o Federal Award Date;

o Period of Performance Start and End Date;

o Amount of Federal Funds Obligated by this action;

o Total Amount of Federal Funds Obligated;

o Total Amount of the Grant Award;

o Budget Approved by NHTSA;

o Total Approved Cost Sharing or Matching, where applicable;

o Grant project description;

o Agency name and contact information for awarding official;

o Assistance Listing Program Number (formerly CFDA) and Name;

o Identification of whether the award is R&D; and o Indirect cost rate for the grant.

• General Terms and Conditions as applicable including:

o Grant Administrative Requirements;

o National Policy Requirements; and o Recipient integrity and performance matters.

• NHTSA General Provisions for Assistance Agreements

• Grant Performance Goals

• The Recipient will acknowledge in writing that no funds provided under this Grant will be used for lobbying activities as defined in 2 C.F.R. § 200.450.

F.2 ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS

Several Federal statutes and regulations apply to grant applications considered for review and grants awarded under this program. All grant awards shall be subject, as applicable, to the following requirements:

• Uniform Administration Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR Parts 200, 1200 and 1201);

• 49 CFR Part 20 – Department of Transportation New Restrictions on Lobbying.

• 49 CFR Part 32 – Government Wide Requirements for a Drug-Free Workplace (Financial Assistance).

• The NHTSA General Provisions for Assistance Agreements, as provided in Appendix A;

• The Grant Recipient shall have procedures in place to respond to an unauthorized disclosure or breach of a consumer’s personally identifying information (PII). In the event of an unauthorized disclosure or breach, the grant recipient shall cooperate and exchange information with NHTSA, as needed, to properly escalate, refer, and respond to the incident.

F.3 REPORTING

The following reporting requirements will be required under this program. All reports will be submitted electronically, unless otherwise requested by NHTSA.

• Quarterly Reports

The Grant Recipient will be required to provide a summary of the previous quarter’s activities and accomplishments as well as the proposed activities for the upcoming quarter. At a minimum, each report will include data on:

o the number of motor vehicles registered;

o the number of registered motor vehicles that had an open recall;

o the number and percentage of registered vehicles that obtained a remedy each month of the quarter;

o the number of open recalls identified;

o the number and percentage of recalls that were remedied each month; and o summary figures (e.g. charts, graphs, and/or pivot tables) of open/closed recall data by vehicle manufacturer, vehicle make, vehicle model, vehicle model year, vehicle age, vehicle type (e.g. passenger car, truck, SUV, etc.)

For each motor vehicle registered, the Grant Recipient will be required to provide the date presented for registration, the make, model, model year, whether the vehicle had an open recall, a brief description of the open recall, and the manner in which open recall notification was provided to the consumer.

• Draft Final Evaluation Report

The Grant Recipient will be required to prepare a Draft Final Report that includes raw data, a description of the project, issue(s) addressed, program implementation, summary of the quarterly data provided, evaluation criteria and strategies, performance findings and recommendations.

• Final Evaluation Report

The Grant Recipient will be required to revise the Draft Final Report to reflect the NHTSA’s comments.

• Financial Status Reports

The Grant Recipient will be required to prepare and submit all federal financial reports (Standard Form 425) documenting the status of funds.

SECTION G – FEDERAL AWARDING AGENCY CONTACTS

Primary NOFO Point of Contact

Marlin Ricketts-Evans, Contract Specialist Phone: (202) 366-1772 Email: NHTSAOAM@dot.gov with a copy to m.ricketts-evans@dot.gov

Secondary NOFO Point of Contact

Reba Dyer, Contracting Officer Phone: (202) 366-7387 Email: NHTSAOAM@dot.gov with a copy to Reba.Dyer@dot.gov

Grants.Gov Applicant Support

For technical issues or questions related to Grants.gov, please email support@grants.gov or call (800) 518-4726.

SECTION H – OTHER INFORMATION

For the period of performance of the resultant Grant Agreement, the Grant Recipient will be required to accomplish the following goals of this program:

• Determine open recalls on all the motor vehicles registered by the State. This includes obtaining current (not more than seven days prior to registration) open recall data. The method for obtaining open recall data must not include the use of NHTSA’s vehicle identification number (VIN) Look-up Tool, which is a web-based system that allows consumers to input the VIN for a motor vehicle and learn whether that vehicle is subject to any open recalls.

• Notify owners and lessees of the open recalls at the time of registration and other touch points at no charge, including notification via all means that permit them to register vehicles within the State (e.g., in-person, Internet and U.S. mail). Notification must reasonably identify the defect and the nature of the recall, describe the safety risk presented, and convey a message that the remedy should be obtained immediately at the manufacturer’s authorized dealer.

• Collect and maintain data that will assist in evaluating the extent to which open recalls have been identified and remedied under the program.

• Evaluate the performance of the notification program. The State must be able to identify each registered motor vehicle with an open recall at the time of registration and develop a means to track whether open recalls are remedied. The State must prepare and submit a report of its evaluation.

H.1 DISCLOSURE OF INFORMATION

Information made available to the Recipient or employee(s) of the Recipient by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without NHTSA’s express written approval.

The Recipient will assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the Recipient to whom information may be made available or disclosed shall be notified in writing by the Recipient that such information may be disclosed only for a purpose and to the extent authorized herein.

H.2 LIMITED USE OF DATA

Performance of this effort may require the Recipient to access and use data and information proprietary to a Government agency or Government contractor that is of such a nature that its dissemination or use, other than in performance of this effort, would be averse to the interests of the Government or others.

The Recipient and employee(s) of the Recipient will not divulge, or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon the written approval of NHTSA. The Recipient shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the Recipient without such limitations or prohibit an agreement at no cost to the Government between the Recipient and the data owner which provides for greater rights to the Recipient.

H.3 PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Recipient of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

H.4 PLACE OF PERFORMANCE

TBD

H.5 SEAT BELT USE POLICIES AND PROGRAMS

In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally- owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative.

For information on how to implement such a program, or statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section on NHTSA's website at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in the Washington, D.C. metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS are prepared to help with technical assistance, a simple, user-friendly program kit, and an award for achieving the President’s goal of 90 percent seat belt use. NETS can be contacted at 1 (888) 221-0045 or visit its website at www.trafficsafety.org Protection of Human Subjects

H.6 PROTECTION OF HUMAN SUBJECTS

The Recipient will comply fully with 49 C.F.R. Part 11, DOT’s regulation governing Protection of Human Subjects, and with NHTSA Order 700-5, which sets forth the Agency’s policies and procedures for the protection of human subjects participating in research supported directly or indirectly by NHTSA, including through contracts, grants and Grant agreements.

The Recipient will obtain prior written authorization from NHTSA for all consent and release forms to be presented to human subjects participating in NHTSA conducted or funded research, including but not limited to informed consent and media releases.

H.7 DISPUTES

The parties to this agreement shall communicate with one another in good faith and in a timely and Grant manner when raising issues under this Disputes provision. Any dispute, which for the purposes of this provision includes any disagreement or claim, between NHTSA and the Recipient concerning questions of fact or law arising from or in connection with this agreement and whether or not involving alleged breach of this agreement, may be raised only under this Disputes provision.

Whenever a dispute arises, the parties shall attempt to resolve the issues involved by discussion and mutual agreement as soon as practical. In no event shall a dispute that arose more than three months prior to the notification made under the following paragraph of this provision constitute the basis for relief under this section unless NHTSA waives this requirement.

Failing resolution by mutual agreement, the aggrieved…