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FY2016 Border Enforcement Grant Notice of Funding Availability
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FY 2016 BEG NOFA Page 1 of 41 June 2015

U.S. Department of Transportation Federal Motor Carrier Safety Administration

Fiscal Year 2016 Border Enforcement Grant Program Notice of Funding Availability

Announcement Type: Discretionary

Catalog of Federal Domestic Assistance Number: 20.233

Program Purpose:

The Border Enforcement Grant program is a Federal discretionary grant program focused on reducing crashes, injuries, and fatalities involving commercial motor vehicles (CMV) by ensuring that motor carriers and drivers operating in international commerce are in compliance with U.S. CMV safety standards and regulations, financial responsibility regulations, registration requirements, and that the drivers of those vehicles are qualified and properly licensed to operate a CMV in the United States.

Eligibility Information:

State governments or entities that share a land border with Canada or Mexico and any local government or entity in that State for carrying out border CMV safety programs and related enforcement activities and projects.

Application Due Date: August 10, 2015 (11:59 P.M. Eastern Time)

A. Border Enforcement Grant Program Description

The Federal Motor Carrier Safety Administration (FMCSA) announces the Fiscal Year (FY) 2016 Border Enforcement Grant (BEG) program Notice of Funding Availability (NOFA) to solicit applications from State governments or entities that share a land border with Canada or Mexico and any local government or entity in that State for carrying out border CMV safety programs and related enforcement activities and projects. The FMCSA provides BEG funds to ensure that motor carriers and drivers operating CMVs in international commerce (primarily

FY 2016 BEG Notice of Funding Availability

FY 2016 BEG NOFA Page 2 of 41 June 2015 those entering the United States from a foreign country) are in compliance with U.S. CMV safety standards and regulations, financial responsibility regulations, registration requirements, and that the drivers of those vehicles are qualified and properly licensed to operate a CMV in the United States.

The Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users, Pub. L. No.109–59, §§ 4101(c)(2), 4110, 119 Stat. 1144, 1715, 1721–22 (2005), as amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. No.112–141, §§ 32603(c) and 32603(h), 126 Stat. 405, 807, 808 (2012) and extended by the Highway and Transportation Funding Act of 2015, Highway and Transportation Funding Act of 2015, Pub. L.

114-21, Sec. 1102 (May 29, 2015). The FMCSA Grants Management Office (GMO) will make changes to the announcement via Grants.gov if there are statutory changes to the BEG program for FY 2016.

Under this grant opportunity, the grant period of performance shall be October 1, 2015 through September 30, 2017, inclusive. The FMCSA uses its contract authority for this program to make the effective date for this grant October 1, 2015; however, FMCSA is not responsible for any monies expended by the applicant outside the scope of the grant agreement, prior to the award period of performance start date, and/or prior to the award of any grant agreement.

All application materials must be submitted to FMCSA by 11:59 P.M. (Eastern Time) on Monday, August 10, 2015.

With these grant funds, eligible jurisdictions can engage in enforcement activities to ensure that drivers and CMVs involved in international commerce at or near border crossings with Canada and Mexico comply with the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs). These standards apply to U.S., Canada- and Mexico-domiciled carriers both entering and leaving the United States while engaged in international commerce.

The FMCSA is governed by the statutory definition of interstate commerce, which encompasses both interstate and international commerce (i.e., transportation between a point in a State and a point outside that State, including a foreign country). International commerce includes any transportation within the United States of a shipment intended by the shipper to cross a U.S. international border before delivery to the consignee. However, a shipment originating in one State in the United States and terminating in another State in the United States is not considered transportation in international commerce, even if part of the transportation occurs in a foreign country. Please note, however, that the focus of this program is on activities at or near the border.

FY 2016 BEG NOFA Page 3 of 41 June 2015

FY 2016 Border Enforcement Grant Program National Priorities—

Priority funding consideration will be given to applications that meet one or more of the following national priorities:

1. Increase the number of inspections of motorcoaches engaged in international commerce.

For FY 2016, FMCSA encourages States to examine their data on international motorcoach activity and use that data to establish reasonable goals that will result in an increase of international motorcoach-focused activities. In the application, States must substantiate the goals set and provide the data (or data source references);

2. Conduct enforcement activities (inspections and traffic enforcement) on CMVs engaged in international commerce within corridors where the data indicate that there are a high number of crashes involving vehicles engaged in international commerce; and/or

3. Improve the capability to conduct CMV safety inspections at remote and other sites near the Canadian and Mexican borders. If included, the application should provide data-driven support for how non-fixed location inspections will increase the likelihood of reducing crashes, injuries, and fatalities involving CMVs engaged in international commerce.

B. Award Information

The information below is provided to help you make an informed decision about whether to submit an application.

Total Amount of Funding FMCSA Expects to Award: $32,000,000

Anticipated Number of Awards: 15

Expected Amounts of Individual Awards:

Award Ceiling: $19,000,000

Award Floor: $10,000

Anticipated Start Date/Period of Performance:

October 1, 2015 through September 30, 2017

Funding amounts made available for reimbursement may be impacted by limitations placed on the spending authority and appropriations enacted for FMCSA.

Application Type:

Applications are for new FMCSA awards only.

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

The FMCSA will reimburse 100 percent (100%) of the eligible costs. There are no matching requirements.

FY 2016 BEG NOFA Page 4 of 41 June 2015

C. Border Enforcement Grant Program Eligibility Information

In accordance with 49 U.S.C. § 31107, eligible applicants for BEG funding are State governments or entities that share a land border with Canada or Mexico and any local government or entity in that State for carrying out border CMV safety programs and related enforcement activities and projects. Any State or entity that does not share a land border with Canada or Mexico is ineligible for BEG funding.

The FMCSA provides BEG funds to ensure that motor carriers and drivers operating CMVs entering the United States from a foreign country are in compliance with U.S. CMV safety standards and regulations, financial responsibility regulations, and registration requirements.

Applications that include, as their primary enforcement goals, activities that are outside the scope of the program (e.g., weight enforcement, general CMV enforcement, drug interdiction and /or human trafficking interdiction) are ineligible.

The FMCSA cannot evaluate applications received without the complete set of required forms and attachments; all application section elements and all required documents must be submitted (see next section). A checklist specifically detailing each required document and its source is located in Appendix A.

D. Application and Submission Information

The FMCSA utilizes Grants.gov (www.grants.gov) for accepting program applications. All FY 2016 applications must be submitted electronically through this site; however, applicants requiring additional accessibility or accommodation associated with submitting this grant application should contact the FMCSA Grants Management Office (GMO). Unsolicited applications will not be accepted.

STEP #1: To apply, the applicant must complete the Grants.gov registration process.

Note that the registration process for new users can take as long as four weeks.

STEP #2: Every applicant must:

1) be registered in the System for Award Management (www.SAM.gov) before submitting the application; 2) provide a valid Data Universal Numbering System (DUNS) number in its application; and 3) continue to maintain an active SAM registration with current information at all times during which

How do I know that my application has been received by Grants.gov?

Once Grants.gov has received your submission, they will send email messages to advise you of the progress of your application through the system.

Over the next two business days, you should receive two emails: 1) confirming application receipt by the Grants.gov system;

and 2) indicating that the application has either been successfully validated by Grants.gov prior to transmission to FMCSA or has been rejected due to errors. Click here for more information.

http://www.grants.gov/ http://www.sam.gov/ http://www.grants.gov/web/grants/applicants/applicant-faqs/tracking-an-application.html

FY 2016 BEG NOFA Page 5 of 41 June 2015 it has an active Federal award or an application under consideration by FMCSA.

The FMCSA may not make a Federal 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 FMCSA is ready to make an award, FMCSA may determine that the applicant is not qualified to receive the award and use that determination as a basis for making an award to another applicant.

STEP #3: The Applicant must download the grant application package from Grants.gov, complete it, and submit the completed application package with required attachments through Grants.gov on or before the deadline of 11:59 P.M. (EST) on Monday, August 10, 2015. The FMCSA does not own or maintain Grants.gov and is therefore unable to provide technical assistance; all technical assistance issues should be directed to Grants.gov.

For Grants.gov assistance, contact:

Phone: 1-800-518-4726 (toll-free) or 606-545-5035 Business Hours: 24 hours a day, 7 days a week Closed on Federal holidays Email: support@grants.gov

Modifications to an application after it has been submitted will require a resubmission of the entire application package. The applicant must notify the FMCSA GMO prior to resubmitting the package. Submitting changes to Grants.gov without contacting the FMCSA GMO could significantly delay application submission and may result in the application not being reviewed.

The FMCSA will consider a late application on a case-by-case basis; late applications are not automatically accepted. For example, a late application may be accepted if there is a large scale natural disaster or a Grants.gov system issue that threatens the timely submission of a grant application. Problems with computer systems at the applicant organization, failure to follow the application instructions or failure to complete required registrations by the submission deadline are not considered system issues.

Content and Form of Application Submission

Applicants project plan and budget narrative is included in Appendix B & C of this NOFA for applicant use. However, doing so helps ensure that the application meets the established minimum requirements. For all submissions, the application must be on 8.5" x 11" paper, using either the “Times New Roman” or “Arial” font type in 12 point. Page margins must be at least 0.5” overall. There is no specific page limitation.

1. Brief Introduction: Include a 1-2 sentence description of the goal(s) of the application and the applicable program priority(ies) which will be met by the applicant’s projects.

Include specific information about the outputs the application proposes to achieve. For mailto:support@grants.gov

FY 2016 BEG NOFA Page 6 of 41 June 2015 each goal identified, the applicant must provide a problem statement, performance objective, program activity plan, and performance measurement plan. Samples are below.

• [The Applicant] will conduct an estimated 1,000 inspections and 2,000 traffic enforcement contacts by allocating 3,000 officer-hours towards border enforcement activities.

2. Problem Statement: A brief, quantitative description of the identified problem. Include details on the data used to identify the problem and to establish the baseline (include data source, date, and explain how the applicant collects, maintains, and analyzes the data).

Example:

• [The Applicant] has identified highways leaving 5 border crossings that account for

38.4% of all CMV-related fatalities in its State. State traffic records indicate that speeding, following too closely, and improper lane change account for 84% of the crash causation factors in these corridors.

• [The Applicant] has identified hours of service related issues as the single most often cited violation during roadside inspections at border locations. [The Applicant] suspects that driver fatigue, as evidenced by lack of adherence to hours of service regulations, accounts for 25% of the crashes in this area.

3. Performance Objective: A description of the applicant’s quantifiable performance goal related to addressing the above problem statement. This can be measured in numbers, percentages, or other forms that accurately describe and quantify the outputs and outcomes the applicant anticipates will result from implementing the strategies and activities proposed in the application. Example:

• [The Applicant] will conduct activities on the highways leaving the 5 designated border crossings with the goal of reducing the crash rate at these locations by 10% during the activity period from the established baseline rate of X.

• [The Applicant] will reduce the number of crashes attributable to foreign carriers or drivers by 15% during the activity period from the established baseline rate of Y.

4. Program Activity Plan: A description of the proposed strategies and activities that the applicant plans to implement to mitigate the problem. Example:

FY 2016 BEG NOFA Page 7 of 41 June 2015

• [The Applicant] will conduct high visibility traffic enforcement and inspection campaigns around the 5 designated border crossings during the activity period. [The Applicant] will conduct at least 5 enforcement blitzes each month, utilizing both marked and unmarked enforcement vehicles, and will ensure that it triples the number of officers assigned to the area around the border crossing during each of the 4-day enforcement periods.

• [The Applicant] will focus on conducting at least 60% of its total number of inspections as Level 1. Further, [the Applicant] will provide additional training to officers in how to detect hours of service violations.

5. Performance Measurement Plan: A description of how the applicant will measure progress towards the performance objective goal, such as quantifiable and measurable outputs (hours, carrier contacts, inspections, etc.) and in terms of performance outcomes (reduction in crashes, increase in seat belt usage, etc.). The measure must include specific benchmarks that will be reported on in the quarterly progress report, if practicable, or as annual outcomes. Example:

• [The Applicant] will use its own crash data to record the number of officer enforcement hours, stops made, citations issued, violation code of citations issued, and crashes reported near each border crossing at the end of each quarter. Based on this information, [the Applicant] will adjust the number of officers assigned to future blitzes and will provide each officer assigned with a specific, focused area for enforcement. [The Applicant] expects that the number of crashes near designated border crossings will be 10% lower than the comparable period in 2015.

• [The Applicant] will evaluate the various levels of inspections each quarter to ensure that officers focus on Level 1 to meet the program-wide goal of at least 60% of all inspections. Further, [the Applicant] will evaluate the violation types cited on inspections to monitor the percentage of hours of service violations. Based on this, [the Applicant] may shift resources to conduct additional inspections.

6. Budget Narrative: A budget narrative is a description, by budget category (object class) that details the costs necessary to complete the proposed projects. A well-written budget narrative ensures that the applicant has properly documented proposed costs. The level of detail should be sufficient to justify the funding requested. A sample budget narrative format is included in Appendix C.

FY 2016 BEG NOFA Page 8 of 41 June 2015

Application Form Requirements

1. SF-424 – Application for Federal Assistance: Standard application form for all Federal assistance requests available in the Grants.gov application package.

2. SF-424A – Budget Information for Non-Construction Programs: Standard budget form for requests for Federal assistance available in the Grants.gov application package.

3. SF-424B – Assurances for Non-Construction Programs: Standard assurances form associated with accepting Federal assistance funds available in the Grants.gov application package. This document indicates that the applicant organization is in substantial compliance with various programs, regulations, and Federal laws.

4. Grants.Gov Lobbying Form: Standard lobbying form available in the Grants.gov application package for applicants to indicate that they do/do not engage in lobbying activity.

5. SF-LLL – Disclosure of Lobbying Activities: Standard form for applicants to report their lobbying activities available in the Grants.gov application package. Only applies to applicants that have lobbying activities to disclose.

6. Key Contacts Form: Form to include the individuals that will be responsible for a Federal award. It is available in the Grants.gov application package. Contacts for three positions are required: 1) Authorized Designated Official (ADO), 2) Principal Investigator or Program Director (PI/PD); and 3) Financial Official (FO). Annotate on the form if the same individual is responsible for multiple roles.

• Authorized Designated Official (Authorized Signer): This individual is authorized to sign a grant award on behalf of the organization. This individual is typically the head of the organization or a designee (e.g., Colonel, Director, Commissioner, etc.).

• Principal Investigator or Program Director (Program/Project Manager): This individual has daily program implementation oversight. This role is typically performed by a project/program manager (e.g., Unit Commander, Project Coordinator, etc.).

• Financial Officer (Grants Manager): This individual is responsible for monitoring grant program finances and providing clarification on financial information such as budget details, Single Audits, invoice support documentation, etc. This role is typically performed by a grant, finance, or administrative/program specialist.

FY 2016 BEG NOFA Page 9 of 41 June 2015

7. Attachment Form: Supplemental form to submit attachments. Available in the Grants.gov application package.

8. Indirect Cost Rate Information: If the budget includes indirect costs, attach a copy of the fully executed, negotiated agreement.

If the rate will not be approved by the application due date, attach the letter of renewal or letter of request that you sent to your cognizant agency to your application.

9. FMCSA Administrative Capability Questionnaire (ACQ):

This self-certification questionnaire is used by FMCSA to assess your organization’s administrative management systems, infrastructure, policies, and resources. It is located within the Grants.gov “Full Announcement” tab. If you have already sent in an ACQ to FMCSA in FY 2016, you do not need to send a new one.

10. Standard Title VI/Non-Discrimination Assurances: Required self-certification assurance ensures that the applicant will comply with the appropriate acts, regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance to ensure that no person in the United States shall, on the grounds of race, color, national origin, sex, age, disability, low-income, or Limited English Proficiency be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination.

The assurance is located within the Grants.gov “Full Announcement” tab. This form is submitted by the applicant into Grants.gov.

Application Cost Guidance/Funding Restrictions—

Costs charged to FMCSA grants must be in accordance with the applicable cost principles for the recipient type. All reimbursable items must be necessary, reasonable, allocable, and allowable to accomplish the goals of the program. These standards are described in the applicable cost principles and administrative requirements per 2 CFR §§ 200.400 through 200.475, with the exception of §§ 200.416-200.417, which include Special Considerations (only) for States, Local Governments, and Indian Tribes, and §§ 200.418-200.419, which include Special Considerations (only) for Institutions of Higher Education. Finally, all costs must be in accordance with the Motor Carrier Safety Assistance Program (MCSAP) Comprehensive Policy (specifically Appendix A).

Eligible BEG grant program costs include, but are not limited to:

IMPORTANT!

Attachment file names must be limited to the following characters:

A-Z, a-z, 0-9, underscore (_), hyphen (-), space, and period.

Using any other characters will cause the application to be rejected by Grants.gov!

FY 2016 BEG NOFA Page 10 of 41 June 2015

• Personnel expenses, including recruitment and screening, training, salaries and fringe benefits, and supervision. Personnel expenses included in an organization’s indirect cost rate must not be included as a direct cost in the grant budget;

• Equipment and travel expenses, including per diem, expenses directly related to the enforcement of safety regulations, including vehicles, uniforms, communications and equipment, vehicle maintenance, fuel, and oil;

• Indirect expenses for facilities, except for fixed scales, used to conduct inspections or house enforcement personnel, support staff, and equipment to the extent they are measurable and recurring (e.g., rent and overhead);

• Expenses related to data acquisition, storage, and analysis that are not being requested under any other FMCSA grant program’s funding, that are specifically identifiable as program-related, and that are intended to improve efficiency; the proposal should clearly demonstrate the extent to which these costs will directly benefit the program, prorating the expense as applicable.

NOTE: All applications containing requested funding for information technology, such as upgrades or modifications to existing software or equipment, are subject to review by FMCSA’s Office of Research and Information Technology.

• Clerical and administrative expenses, to the extent necessary and directly attributable to the program.

• Expenses related to the improvement of real property (e.g., installation of lights for the inspection of vehicles at night) that does not materially increase the value of the property.

• The FMCSA will not consider construction costs in the application. Additionally, FMCSA will not consider costs for land, buildings (facilities) or consider additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations or alterations to capital assets that materially increase their value or useful life. This restriction does not include costs for ordinary repairs and maintenance.

• The FMCSA will not approve pre-award costs. Pre-award expenditures are made at the applicant's risk. The incurrence of pre-award costs in anticipation of a competing award imposes no obligation on FMCSA either to make the award or to increase the amount of the approved budget if an award is made for less than the amount anticipated and is inadequate to cover the pre-award costs incurred.

FY 2016 BEG NOFA Page 11 of 41 June 2015

• Before FMCSA will pay any reimbursements for indirect costs, a current and approved indirect cost rate agreement must be in force. The FMCSA will not approve reimbursement requests for indirect costs if an approved indirect cost rate agreement is not in force for the period of time that the indirect cost expenses are incurred.

E. Application Review Information

All applications received by the due date and time are subjected to an initial intake review. This intake review determines whether: (1) the applicant is eligible for an award; (2) the information required by the NOFA has been submitted; and (3) all program eligibility requirements described in the NOFA are satisfied. Applications that pass the intake review will be subjected to a comprehensive evaluation. Applications in response to this announcement are evaluated by a cross-discipline team: technical review panel (TRP), grant specialists, program officers, and FMCSA staff responsible for day-to-day grant management oversight.

Each application is reviewed in the following areas:

1. TRP Merit Review: This review provides an independent assessment of the technical/programmatic merit of an application. At least three qualified individuals are selected to review each application to ensure diversity of perspective and knowledge. TRP individuals are selected based on their technical education and experience and the extent to which the individual has engaged in relevant work, the capacities in which the individual has done so, and the quality of such work.

TRP reviewers will evaluate BEG applications to determine the extent to which it:

• Describes an enforcement program that will meet the stated objectives of the NOFA to reduce crashes, injuries and fatalities involving commercial motor vehicles engaged in international commerce.

• Includes components that address specific program priorities, including targeting passenger carrier and motorcoach activities, targeting enforcement activities in corridors where data indicates there are a high number of crashes involving international commerce vehicles, and improving the ability to conduct remote location inspections if data indicates that it is warranted and is likely to impact safety; and,

• Proposes work that is based on sound principles of CMV safety enforcement and will likely result in project success.

FY 2016 BEG NOFA Page 12 of 41 June 2015

TRP reviewers will also evaluate BEG applications to determine the extent to which it describes specific enforcement activities that support the objective of the program. In evaluating this, the reviewers will consider whether:

• Staffing resource allocation is sufficient to achieve the program objectives;

• The approach will ensure enforcement activities in areas likely to generate the maximum percentage of vehicles engaged in international commerce;

• All equipment, training, and travel components are clearly linked to the project goal and are necessary to adequately equip, train, and enable personnel to conduct the activities included in the project plan; and,

• Proposed expenditures are reasonable in amount and clearly necessary to conduct the activities; these expenditures do not include unallowable expenses; proposed expenditures are eligible per the MCSAP Comprehensive Policy.

Finally, TRP reviewers will evaluate BEG applications to determine the extent to which it describes a plan that:

• Includes clearly-identified performance goals and measurements (such as percentages of enforcement on motorcoaches, traffic enforcement contact projections, etc.); and

• Includes a monitoring and evaluation component that indicates how the recipient will continuously ensure success of the project by evaluating performance and outcomes and making adjustments as necessary (this will also allow FMCSA and the grantee to properly monitor the grant-funded activities).

TRP members will utilize the below adjectival ratings for each component above and as a final summary determination based on all components reviewed.

• Highly Responsive: Applicant fully addresses all aspects of the criterion, convincingly demonstrates that it will meet the Government's performance requirements, and demonstrates no weaknesses.

• Responsive: Applicant fully addresses all aspects of the criterion, demonstrates a likelihood of meeting the Government's requirements, but may include a few minor weaknesses.

FY 2016 BEG NOFA Page 13 of 41 June 2015

• Somewhat Responsive: Applicant addresses most aspects of the criterion and demonstrates the ability to meet the Government's performance requirements. However, the Application contains significant weaknesses and/or a number of minor weaknesses.

These weaknesses may be addressed by recommending the award and including a specific programmatic or administrative post-award term and condition.

• Not Responsive: Applicant does not sufficiently address the criterion and the information presented indicates a strong likelihood of failure to meet the Government's requirements.

2. Budget Review/Cost Analysis. This review provides an assessment of allowable costs in accordance with Federal grant requirements, the cost realism of the budget estimate, appropriateness and reasonableness of resources, and reasonableness and feasibility of the schedule relative to the application timeline. Importantly, the budget evaluation provides initial insight to project-related risk, beyond those dealing with technical uncertainty, which is considered prior to recommendation.

Reviewers will evaluate BEG applications to determine the extent to which:

• Elements of work included in the application have associated budget costs and, conversely, all elements in the applicant’s budget have corresponding work elements included in the application;

• Budget costs are allowable, allocable, necessary and reasonable per the Office of

Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; and,

• Costs in a particular cost category been properly identified as allowable, with the necessary detail for its use, and not duplicative to the other budget line items.

3. Federal Awarding Agency Review of Risk Posed by Applicants. This review provides a risk assessment on each applicant’s organization. The risk assessment is conducted in several parts: 1) a debarment and suspension review that included a review of the applicant’s administrative capability self-certification form and a check against the records in SAM; 2) a review of the applicant’s history with other Federal agencies in the Single Audit Clearinghouse Database; and 3) an evaluation of the applicant’s Single Audit in accordance with the Single Audit Act (if required). The FMCSA may, at its discretion, request further information and/or conduct an audit to confirm compliance as indicated on the SF-LLL – Disclosure of Lobbying Activities form, as provided for in the United States Code or the Code of Federal Regulations.

FY 2016 BEG NOFA Page 14 of 41 June 2015

Depending on the level and severity of the Agency’s risk assessment findings, FMCSA may determine that the applicant is not qualified to receive an award and use that determination as a basis for making an award to another applicant. The FMCSA may also impose additional grant award terms and conditions above its customary general terms and conditions.

4. Applicant Past Performance w/ FMCSA. This review provides information that is considered as a possible indicator for predicting future performance. Many applicants for FMCSA programs have received FMCSA funding in the past and will be evaluated against their ability to complete prior year awards on-time, compliance with grant terms and conditions, and results from FMCSA grant monitoring activities. Applicants with no prior FMCSA grant awards will not be eliminated from funding consideration.

Reviewers will evaluate BEG applications to determine the extent to which:

• The application is written in a manner that would allow FMCSA to monitor performance based on FMCSA reporting requirements;

• The proposed project/program is reasonable in scope, adequate to address existing and emerging commercial vehicle safety issues, and likely to succeed in achieving its goals;

• Based on prior personnel and budgetary practices, and past performance, the proposed expenditures are reasonable and necessary to conduct the proposed projects and if costs are allowable under applicable Federal regulations and the MCSAP Comprehensive Policy; and

• The applicant successfully performs and manages current project tasks (e.g., within budget and on schedule).

Reviewers will also:

• Provide any issues or findings from monitoring activities (e.g., audit, program, or process reviews) where the applicant violated the grant terms and conditions;

• Include information whether the applicant’s previous performance and financial reports were submitted late, were incomplete or incorrect; and/or whether the applicant has consistently requested additional time to complete the reports; and

• Provide any feedback on the application’s significance, approach, and feasibility.

5. Consideration of Program-Specific Aspects: The FMCSA will consider other aspects in the review of the application, in addition to an application’s merit, budget, risk assessment, FY 2016 BEG NOFA Page 15 of 41 June 2015 and past performance. These aspects relate to program-specific policy areas that may factor into an award recommendation. BEG program-aspects include:

• 49 U.S.C. § 31102 directs FMCSA and the States to make targeted investments to promote safe commercial motor vehicle transportation and to invest in activities likely to generate the maximum reduction in the severity and number of crashes involving commercial motor vehicles. While BEG is not specifically included in this statutory provision, FMCSA will apply this concept in considering applications for all enforcement activities;

• A project or group of projects which represents a diversity of technical approaches or methods;

• Efforts that are complementary and/or duplicative, which, when taken together, will best achieve the goals and objectives;

• Different kinds and sizes of organizations in order to provide a balanced programmatic effort and a variety of different technical perspectives; and,

• Projects with a broad or specific geographic distribution.

Applicant Negotiation—

After the application review process, FMCSA may find it necessary to contact the applicant with additional questions for clarification. The FMCSA also reserves the right to negotiate with the submitting applicant regarding project revisions (e.g., reductions in the scope of work, funding level, period, or method of support) prior to recommending any project for funding. An applicant may be required to submit a supplemental budget and/or project narrative based on a partial or modified grant recommendation. The FMCSA expects to begin contacting applicants and/or conducting negotiations (if necessary) in October 2015. However, FMCSA does not expect to make final awards prior to April 2016.

F. Award Administration Information

The FMCSA will consider the results of the reviews outlined in this NOFA, applicant responses (if applicable) and recommend that the application: 1) be approved for award from currently available funds (in its entirety or in part); or 2) be declined due to insufficient funds or unfavorable review. Once the FMCSA Administrator approves the recommendations, they are presented to the United States Secretary of Transportation for final approval. The FMCSA may

FY 2016 BEG NOFA Page 16 of 41 June 2015 not award grants or release information concerning application recommendations until Secretarial approval is obtained.

In addition to Secretarial approval, FMCSA may not award grants until the enactment of authorizing legislation, an appropriations act, budget authority, and apportionment from the Office of Management and Budget (OMB). The FMCSA may, at its discretion, issue partial funding awards up to the level authorized and provided that the above conditions are met.

Additional information on the federal budget process may be found in OMB Circular A-11:

http://www.whitehouse.gov/omb/circulars_default/.

After approval, the GMO issues the Notice of Grant Award (NGA) to the recommended applicant via GrantSolutions (www.grantsolutions.gov), the FMCSA grant management system.

Attached to the NGA is the FMCSA Financial Assistance Agreement General Provisions and Assurances (grant terms and conditions). Applicants must agree to the terms and conditions before grant funds will be awarded.

The grant terms and conditions outline the reporting requirements that the recipient must meet after award. Reporting responsibilities include quarterly program performance status using the Performance Progress Report (SF-PPR) and quarterly financial status using the Federal Financial Report (SF-425). For FY 2016 FMCSA grant awards, recipients must use GrantSolutions to submit the SF-425. The recipient is required to submit the quarterly SF-PPR via email until the FMCSA has made the necessary GrantSolutions system modifications that will allow for electronic SF-PPR reporting. Roll-out is scheduled in FY 2016.

Additional quarterly report information and other required forms and templates are available at:

http://www.fmcsa.dot.gov/mission/grants/grantee-resources

All FMCSA grant programs are cost reimbursable. Reimbursement means that grant funded entities must first expend their own money for activities identified in the grant application.

Entities will then be reimbursed by FMCSA for actual costs incurred. All FMCSA recipients must request reimbursement on at least a quarterly basis. This request must include a signed Request for Advance or Reimbursement (SF-270) and a detailed expenditures worksheet with a written explanation of how the funds were used. All costs must be in line with the approved budget, OMB cost principles, related FMCSA and other policies. Recipients must submit requests for reimbursement electronically through the Delphi eInvoicing System (iSupplier).

Additional information is available at: http://www.dot.gov/cfo/delphi-einvoicing-system.

If an applicant is not selected for funding, they will not receive any communication until all funding recommendations have been approved by the United States Secretary of Transportation.

At that time, FMCSA will send a letter to notify those applicants who were not funded. The http://www.whitehouse.gov/omb/circulars_default/ http://www.grantsolutions.gov/ http://www.fmcsa.dot.gov/mission/grants/grantee-resources http://www.dot.gov/cfo/delphi-einvoicing-system

FY 2016 BEG NOFA Page 17 of 41 June 2015

FMCSA does not have an appeals process for unsuccessful applications for discretionary grant funds.

G. Agency Contact

FMCSA Grants Management Office (GMO):

By E-mail:

FMCSA_GrantMgmtHelpdesk@dot.gov, or

By Telephone:

(202) 366-0621

Office hours are from 9 a.m. to 5 p.m., Eastern Time, Monday through Friday, except Federal holidays.

By Mail:

U.S. Department of Transportation Federal Motor Carrier Safety Administration Grants Management Office 1200 New Jersey Ave. SE, West Building Washington, DC 20590

H. Other Information

The FMCSA may make changes or additions to this NOFA. All changes will be communicated on Grants.gov. We encourage you to sign up for Grants.gov emails so you may be notified of the changes.

Prior to the application due date, FMCSA plans to conduct a pre-funding conference(s) for all prospective applicants. During this conference, FMCSA staff will review the NOFA requirements and answer questions from prospective applicants. Information regarding a pre-funding conference will be posted on Grants.gov.

This NOFA is intended for informational purposes and reflects current planning. If there is any inconsistency between the information contained herein and the terms of any resulting funding agreement, the terms of the funding agreement are controlling.

The FMCSA is not obligated to make any Federal award as a result of this announcement.

Funding amounts made available for reimbursement may be impacted by limitations placed on mailto:FMCSA_GrantMgmtHelpdesk@dot.gov

FY 2016 BEG NOFA Page 18 of 41 June 2015 the spending authority and appropriations enacted for FMCSA. The FMCSA uses its contract authority for this program to make the effective date for this grant October 1, 2015; however, FMCSA is not responsible for any monies expended by the applicant outside the scope of the grant agreement, prior to the award period of performance start date, and/or prior to the award of any grant agreement. Only FMCSA authorizing officials can obligate the Federal government.

An application may be withdrawn at any time before a final funding decision is made regarding the application; however, withdrawn applications normally will not be returned. One copy of each application that is not selected for funding, including those that are withdrawn, will be retained by FMCSA for a period of three years.

The FMCSA Grant Programs Website (for applicant and grantee resources):

I. APPENDIX

o Appendix A: Application Package Requirements o Appendix B: Sample Program Narrative o Appendix C: Sample Budget Narrative o Appendix D: United States Department of Transportation Standard Title VI/Non-

Discrimination Assurances (DOT Order No. 1050.2A)

Appendix A: Application Package Requirements

FY 2016 BEG NOFA Page 19 of 41 August 2015

Appendix A—Application Package Requirements

Below are the documents necessary to be considered as being responsive to this announcement. Use of this appendix is encouraged as it ensures your application will proceed forward for further review. The table below lists the document names, description, location, and submission information.

Document Name Document Description and Location Information Document Included

1 SF-424 Application for Federal Assistance

Required standard application form for all requests for Federal assistance.

Available in the Grants.gov application package. Attached by the applicant to the Grants.gov application package.

YES

NO

SF-424A Budget Information for Non- Construction Programs

Required standard budget form for requests for Federal assistance. Available in the Grants.gov application package. Attached by the applicant to the Grants.gov application package.

YES

NO

3 SF-424B Assurances for Non-Construction Programs

Required standard assurances form associated with accepting Federal assistance funds. This document indicates that the applicant is in substantial compliance with various programs, regulations, and Federal laws for a non-construction program. Available in the Grants.gov application package.

Attached by the applicant to the Grants.gov application package.

YES

NO

4 Grants.Gov Lobbying Form Required form that allows applicants to indicate that they do not engage in lobbying activity. Available in the Grants.gov application package. Attached by the applicant to the Grants.gov application package.

YES

NO

SF-LLL Disclosure of Lobbying Activities (if applicable)

Standard form for applicants to report their lobbying activities available in the Grants.gov application kit. Only applies to applicants that have lobbying activities to disclose. Available in the Grants.gov application package.

Attached by the applicant to the Grants.gov application package, if applicable.

YES

NO

FY 2016 BEG NOFA Page 20 of 41 August 2015

Document Name Document Description and Location Information Document Included

6 Key Contacts Form

Required form requests contact information for the: 1) designated Authorized Designated Official (authorized signer), 2) Principal Investigator or Program Director (program/project manager); and 3) Financial Official (Grants Manager). Available in the Grants.gov application package. Attached by the applicant to the Grants.gov application package.

YES

NO

7 Attachment Form Form used to submit supplemental attachments to support the grant application. Available in the Grants.gov application package. Attached by the applicant to the Grants.gov application package, if applicable.

YES

NO

8 Indirect Cost Rate Agreement

Applicant’s signed current approved indirect cost rate from the cognizant Federal agency or letter of request to cognizant agency for rate establishment or adjustment. Attached by the applicant to the Grants.gov application package, if indirect costs are included in the budget.

YES

NO

FMCSA

Administrative Capability Questionnaire

Applicant self-certification for FMCSA to assess the adequacy of the applicant administrative management systems. The questionnaire is located within the Grants.gov “Full Announcement” tab. All applicants must submit a current FMCSA Administrative Capabilities Questionnaire if one has not already been submitted for FY 2016. Completed by the applicant and attached to the Grants.gov application package.

YES

FY 2016 BEG NOFA Page 21 of 41 August 2015

Document Name Document Description and Location Information Document Included

Standard Title VI/Non- Discrimination Assurances

Required self-certification assurance ensures that the applicant will comply with the appropriate acts, regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance to ensure that no person in the United States shall, on the grounds of race, color, national origin, sex, age, disability, low-income, or Limited English Proficiency be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. The assurance is located within the Grants.gov “Full Announcement” tab. This form is submitted by the applicant into Grants.gov.

YES

Appendix B: Sample Program Narrative

FY 2016 BEG NOFA Page 22 of 41 June 2015

UNITED STATES DEPARTMENT OF TRANSPORTATION

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

Fiscal Year 2016 – Motor Carrier Safety Assistance Program

BORDER ENFORCEMENT GRANT APPLICATION

Program Narrative Template

TO COMPLETE THIS TEMPLATE, REPLACE THE HIGHLIGHTED DIRECTIONS/FIELDS WITH

YOUR PROPOSED PLAN.

Border Enforcement Agency: (enter Agency name):

I. Program Overview

Goal: To ensure that motor carriers and drivers operating CMVs in international commerce (primarily those entering the United States from a foreign country) are in compliance with U.S. CMV safety standards and regulations, financial responsibility regulations, registration requirements, and that the drivers of those vehicles are qualified and properly licensed to operate a CMV in the United States.

☐Objective 1: Increase the number of inspections of motorcoaches engaged in international commerce. For FY 2016, FMCSA encourages States examine their data on international motorcoach activity and to use that data to establish reasonable goals that will result in an increase of motorcoach-focused activities. In the application, States must substantiate the goals set and provide the data (or data source references).

☐Objective 2: Conduct international commerce CMV enforcement activities (inspections and traffic enforcement) within corridors where the data indicate that there are a high number of crashes involving vehicles engaged in international commerce.

☐Objective 3: Improve the capability to conduct CMV safety inspections at remote and other sites near the Canadian and Mexican borders. If included, the application should establish data-driven support for how non-fixed location inspections will increase the likelihood of reducing crashes, injuries, and fatalities involving vehicles engaged in international commerce.

FY 2016 BEG NOFA Page 23 of 41 June 2015

II. Program Strategies

Brief Introduction:

Include a 1-2 sentence description of the goal(s) of the application and the applicable program priority(ies) met by the application’s projects. Include in this introduction specific information about the outputs the application proposes to achieve. For each goal identified, the applicant must provide a problem statement, performance objective, program activity plan, and performance measurement plan.

Problem Statement:

Include a brief, quantitative description of the identified program. Include details on the data used to identify the problem and to establish the baseline (include data sources, date, and explain how the applicant collects, maintains, and analyzes the data).

Performance Objectives:

A description of the quantifiable goals related to the above problem statement. This can be measured in numbers or percentages that accurately measure the outputs the applicant anticipates will result from implementing the strategies and activities proposed

The following Critical Information Table (provided below), although not required, is provided for your use to summarize the anticipated project activities.

ANTICIPATED SUMMARY OF ACTIVITIES

# of Domestic Commerce Inspections (TOTAL)

# of Regular CMV:

# of HM:

# of Passenger:

# of International Commerce Inspections (TOTAL)

% of Regular CMV:

% of HM:

% of Passenger:

# of Enforcement Activities (TOTAL)

Enforcement Activity (Type):

Enforcement Activity (Location):

Program Activity Plan:

A description of the activities the applicant plans to implement to help mitigate the problem.

FY 2016 BEG NOFA Page 24 of 41 June 2015

Performance Measurement Plan:

A description of how the applicant will measure progress towards the performance objective goal, such as quantifiable and measurable outputs (hours, carrier contacts, inspections, etc.) and in terms of performance outcomes. The measure must include specific benchmarks that will be reported on in the quarterly progress report, if practicable, or as annual outcomes.

Appendix C: Sample Budget Narrative

FY 2016 BEG NOFA Page 25 of 41 June 2015

What is a Budget Narrative?

The budget narrative explains the “what, “how” and “why” of a line item cost to carry out grant project goals and objectives.

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