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FY 2016 High Priority Notice of Funding Availability
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FY 2016 MHP NOFA Page 1 of 48 June 2015

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

Fiscal Year 2016 Motor Carrier Safety Assistance Program

High Priority Discretionary Grant Program Notice of Funding Availability

Announcement Type: Discretionary Grant Catalog of Federal Domestic Assistance Number:

20.218

Program Purpose:

Support commercial motor vehicle (CMV) safety programs that:

• Carry out high priority activities and projects that improve CMV safety;

• Increase compliance with CMV safety regulations;

• Increase public awareness about CMV safety;

• Provide education on CMV safety and related issues;

• Demonstrate new safety related technologies;

and

• Reduce the number and rate of crashes involving CMVs.

Eligibility Information:

State agencies, local governments, and organizations representing government agencies that use and train qualified officers and employees in coordination with State motor vehicle safety agencies.

Application Due Date: August 31, 2015 (11:59 P.M. Eastern Standard Time)

FY 2016 MHP Notice of Funding Availability

FY 2016 MHP NOFA Page 2 of 48 June 2015

A. MCSAP High Priority Discretionary Grant Program Description

The Federal Motor Carrier Safety Administration (FMCSA) announces this Fiscal Year (FY) 2016 Motor Carrier Safety Assistance Program (MCSAP) High Priority (MHP) program Notice of Funding Availability (NOFA) to solicit applications from State agencies, local governments, and organizations representing government agencies that use and train qualified officers and employees in coordination with State motor vehicle safety agencies. The FMCSA provides MHP funds to enable recipients to carry out enforcement activities and projects that improve CMV safety and compliance with CMV regulations. Funding is also available for projects that are national in scope, increase public awareness and education, demonstrate new technologies and reduce the number and rate of CMV accidents.

MHP funding is authorized by the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users, Pub. L. No. 109-59, § 4107(a), 119 Stat. 1144, 1719–20 (2005), as amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. No. 112- 141, §§ 32603(a), 32603(d), 126 Stat. 405, 807, 808 (2012), as extended by the Highway and Transportation Funding Act of 2014, Pub. L. No.114-21 Sec. 1102 (May 29, 2015). MHP grants are governed by 49 United States Code (U.S.C.) §§ 31104(a) and 31104(k) (2006), and by 49 Code of Federal Regulations (C.F.R.) part 350, as applicable. The FMCSA Grants Management Office (GMO) will make changes to the announcement via Grants.gov if there are statutory changes to the MHP program for FY 2016.

All application materials must be submitted to FMCSA by 11:59 P.M. (Eastern Time) on August 31, 2015.

FY 2016 MCSAP High Priority Discretionary Program National Priorities—

1. The FMCSA will reserve up to $5,000,000 of the funds made available under this announcement for the 10 States with the highest CMV fatalities (based on a three-year average). According to the Fatal Analysis Reporting System (FARS), almost one-half of all CMV fatalities in the country occurred in the States of:

1. Texas

2. California

3. Florida

4. Pennsylvania

5. Georgia

6. Ohio

7. New York

8. Illinois

FY 2016 MHP NOFA Page 3 of 48 June 2015

9. North Carolina

10. Indiana

The reserved funds will be available to these States for the purposes of conducting data- driven high-visibility traffic enforcement operations or other data-supported activities that will lead to the reduction of large truck and bus crashes in the top 10 identified crash corridors in those States. In the application, the State must:

• Provide clear data (reports, maps, and/or analysis) that identifies these corridors (the specific highway and the mile markers involved; identifies day of the week and time of day when crashes are occurring most frequently; including analysis of the previous 3 year averages for these corridors) and the reasons/contributing factors associated with these crashes, where available. Based on emerging data trends, States may modify the specific corridors during the period of performance, but the application must identify the initial corridors;

• Specify the specific enforcement strategies that the States will conduct to reduce the crash rate in these corridors, using data provided on the types and contributing factors associated with these crashes;

• Specify how the State will monitor and report on the results of these activities; and

• Indicate how the State will evaluate the outcome and success of this enforcement activity to demonstrate whether increased vehicle contacts, issuance of traffic citations, and traffic citation convictions and the impact this has on overall crash rates.

• Funds provided for this special priority will only be available for activities associated with the approved project plan and the specific activities contained therein. Applicant States must demonstrate how these activities will go beyond the traditional traffic enforcement activities included in their Commercial Vehicle Safety Plan.

Although the top 10 top crash States will receive priority consideration for the first $5,000,000 of the total funds available, neither these funds, nor the remaining MHP funds within this competitive grant process, are guaranteed to any state. Funding decisions for any awards will be made on the merits of the respective application and applicants. Finally, any applications, regardless from what State they are submitted or which priority they address, will not receive any funds if they are fundamentally flawed by not addressing the specific requirements established in this NOFA. Multi-state coordinated efforts where each State submits an application request for its portion of the funding are encouraged when appropriate for safety improvement.

2. The FMCSA will reserve up to $1,000,000 to allow for up to three (3) State personnel to

FY 2016 MHP NOFA Page 4 of 48 June 2015 participate in a temporary assignment to FMCSA Headquarters offices similar to the Intergovernmental Personnel Act (http://www.opm.gov/policy-data-oversight/hiring-authorities/intergovernment-personnel-act/).

This temporary assignment will improve the national commercial vehicle enforcement program by providing State-level perspective to national decision-making and policy development as well as providing State personnel with experience in national planning and policy development. These assignments are expected to begin on or about July 1, 2016 and may last until June 30, 2017. The FMCSA will provide up to 80% of the costs of employee salary, fringe benefits, travel (both official travel on behalf of the assignment and routine trips home), lodging and per diem rates, and other expenses associated with working at FMCSA headquarters for up to 1 year.

The FMCSA seeks two State employees to work with the FMCSA Office of Information Technology and various FMCSA offices on a special project focused on modernizing the inspection process. This includes changes to Aspen and developing improvements to the way that Federal and State inspectors document inspections.

Additionally, FMCSA seeks one State employee to collaborate with FMCSA’s State Programs Division and its Compliance Division by bringing a State perspective to existing and emerging issues. This position will play an integral role in the revision and development of policies associated with both enforcement practices and programmatic management of MCSAP (with specific emphasis on further developing the MCSAP Comprehensive Policy).

Applications must clearly indicate for which assignment the individual is being nominated and must include a resume that describes and demonstrates the knowledge, skills, and abilities that the individual will bring to the job. Discussions with nominated individuals (similar to a job interview) may be necessary during the application review process. The expectation during this assignment is that the individual will be detached from his or her responsibilities in his or her home State and will focus on FMCSA responsibilities during working hours.

Application budgets must also include a detailed explanation of:

• Subject to negotiation of final arrangements, lodging in the Washington, DC metropolitan area (e.g., a furnished ‘corporate’ apartment or extended stay hotel) that does not exceed 75% of the General Services Administration’s (GSA) highest daily lodging rate and a meals and incidental expenses supplement that does not exceed 55% of the GSA’s daily per diem rate (see http://www.gsa.gov/portal/category/100120). Rates http://www.opm.gov/policy-data-oversight/hiring-http://www.gsa.gov/portal/category/100120)

FY 2016 MHP NOFA Page 5 of 48 June 2015 are not expected to increase for FY2016;

• At least 8 official travel trips around the country (estimate $2000 per trip);

• Travel expenses between home and Washington, D.C. once per month during the duration of the assignment;

• Proposed salary and fringe benefit costs of the employee and any temporary replacement/back-fill personnel necessary as a result of this assignment; and

• Other expenses that the applicant estimates they will incur.

IMPORTANT: The FMCSA will provide individuals with working space and necessary equipment/supplies (e.g., computer, office supplies) during the assignment. The FMCSA will not directly pay for or reimburse the employee. The State agency of the employee must seek reimbursement from FMCSA for the expenses.

3. FY 2016 MHP Projects

After selections have been made for priorities #1 and #2 above, FMCSA will give funding consideration to priority #3 projects. Please note that any proposed inspections require a North American Standard (NAS) certified inspector conducting the inspections.

Applications may include one or more of the following priority #3 projects listed in order of preference for funding:

1. Emerging issues and special research efforts that have the potential to inform other agencies of new techniques and practices to improve CMV enforcement;

2. Enforcement objectives that involve multiple jurisdictions in a geographic area (the value of this approach is that a single entity serves as the grant recipient and coordinates activities by other participating agencies). Clearly indicate the coordination effort and what unique components each applicant might contribute to the project. Multi state/jurisdictions are to submit separate grant applications explaining the coordinated efforts and how they are linked;

3. Enforcement of traffic laws and safety regulations in high-risk areas such as work zones and on rural roads including prevention of secondary crashes at investigation scenes;

4. CMV safety implications of oil field operations (also known as induced hydraulic fracturing or hydrofracking) – applicants must provide data demonstrating the safety problem(s) encountered and proposals for this effort must be for CMV safety efforts that

FY 2016 MHP NOFA Page 6 of 48 June 2015 go beyond size and weight enforcement;

5. Enforcement of texting, hand-held cell phone prohibitions and combating distracted driving;

6. Enforcement of traffic laws and safety regulations on motorcoaches and other passenger carrying CMVs (consistent with FMCSA’s policy on en route inspections);

7. High-visibility CMV and non-CMV traffic enforcement and training to support;

8. State and local involvement in CMV-related traffic enforcement activities;

9. Educational programs that promote safe driving practices by teen drivers around CMVs

(potentially funded at 100%);

10. Public awareness and education of CMV safety-related issues (potentially funded at100%);

11. Seat belt compliance; or

12. Pedestrian and bicycle safety around CMVs.

The FMCSA will consider FY 2016 MHP applications for Ticketing Aggressive Care and Trucks (TACT)-like programs. However, applications must include high visibility messaging and targeted enforcement activities in selected high-risk traffic areas. Applications must be supported by CMV data justifying the identification of targeted areas and include clear performance measurements to evaluate the outcome of activities. The FMCSA will not fund evaluation components that involve a comprehensive review and appraisal of the applicant’s broad TACT program. Therefore, applicants should avoid costly program evaluation and focus more specifically on crash- reduction outcomes in the targeted enforcement areas. Applicants may include attending the FMCSA Traffic Enforcement Training as an eligible expense.

B. Award Information

Use the information below to help you make an informed decision about whether to submit an application.

FY 2016 MHP NOFA Page 7 of 48 June 2015

Total Amount of Funding FMCSA Expects to Award: $15,000,000

Anticipated Number of Awards: 60

Expected Amounts of Individual Awards:

Award Ceiling: $1,000,000

Award Floor: $25,000

Anticipated Start Date/Period of Performance:

From award execution date (approx. April 2016) 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 eligible costs for outreach and education projects.

There are no matching requirements.

The FMCSA will reimburse 80 percent (80%) of eligible costs for enforcement projects.

If applicants apply for both project types, applicants must submit one application that includes a separate budget: one for outreach, the other for enforcement.

C. MCSAP High Priority Grant Program Eligibility Information

Eligible applicants for MHP funding are State agencies, local governments, and organizations representing government agencies that use and train qualified officers and employees in coordination with State motor vehicle safety agencies. The FMCSA received FY 15 funding requests for over $28 million; therefore, FMCSA reminds applicants that these High Priority grants are highly competitive. Thus, the best written plans that address the priorities and requirements listed in this NOFA will receive priority for funding.

The FMCSA will reimburse up to 80 percent (80%) of the eligible costs incurred in the administration of an approved enforcement program plan. A 20 percent (20%) matching or cost-sharing contribution is required; cash and/or in-kind contributions are acceptable in meeting the matching share if they represent eligible costs as established by 49 C.F.R. parts 200 and 1201, as applicable, and Agency policy.

FY 2016 MHP NOFA Page 8 of 48 June 2015

The FMCSA will reimburse up to 100 percent (100%) of eligible costs incurred in the administration of an approved public awareness and education program plan. Public awareness and education includes activities that seek to make the general public, or broad subsets of the general public, aware of important safety information regarding CMVs (e.g., outreach to teenagers, drivers on rural roads, or all drivers). Public awareness and education does not include specific training or information sharing with a targeted group of individuals for purposes related to their employment.

These types of training projects are eligible for reimbursement at 80% and are to be included in the enforcement budget. If applicants apply for both project types, applicants must submit one application that includes a separate budget: one for outreach, the other for enforcement.

MHP-funded personnel, including sub-grantees, conducting inspections must meet the minimum Federal standards set forth in 49 C.F.R. part 385, subpart C, and must have access to FMCSA information systems to upload inspection reports. The FMCSA will not consider applications that do not demonstrate how the standards will be met.

The FMCSA strongly encourages the participation of local law enforcement agencies in CMV safety activities either directly or in partnership with State enforcement officers. Any local law enforcement agency applying directly to FMCSA for MCSAP High Priority grant funding must demonstrate in its application how it meets these nine conditions (49 C.F.R. §350.329).

Local agencies must meet the following nine conditions:

(1) Prepare a proposal in accordance with 49 C.F.R. §350.213, as applicable.

(2) Coordinate the proposal with the State lead MCSAP agency to ensure the proposal is consistent with State and national CMV safety program priorities.

(3) Certify that your local jurisdiction has the legal authority, resources, and trained and qualified personnel necessary to perform the functions specified in the proposal.

(4) Designate a person who will be responsible for implementation, reporting, and administering the approved proposal and will be the primary contact for the project.

(5) Agree to fund up to 20 percent of the proposed request.

(6) Agree to prepare and submit all reports required in connection with the proposal or other conditions of the grant.

(7) Agree to use the forms and reporting criteria required by the State lead MCSAP agency and/or the FMCSA to record work activities to be performed under the proposal.

FY 2016 MHP NOFA Page 9 of 48 June 2015

(8) Certify that the local agency will impose sanctions for violations of CMV and driver laws and regulations that are consistent with those of the State.

(9) Certify participation in national data bases appropriate to the project.

D. Application and Submission Information

The FMCSA utilizes Grants.gov (www.grants.gov) for accepting application forms under this program. Unsolicited applications will not be accepted. See Appendix A for a checklist to ensure your application package is complete and submitted correctly.

STEP #1: To apply, the applicant must first 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 be:

1) 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 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. An applicant is not qualified to receive an award if the applicant has not complied with DUNS and SAM requirements.

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 31, 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.

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) confirms application receipt by the Grants.gov system; and 2) indicates 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 MHP NOFA Page 10 of 48 June 2015

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. 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 submit the program application or complete required registrations by the submission deadline are not considered system issues.

Content and Form of Application Submission—

Applicants are not required to use the project or budget narrative format in appendix C, 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. Each application should contain:

1. 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 (e.g. Priority #3, Project 3 - Enforcement of traffic laws and safety regulations in high-risk areas such as work zones and on rural roads including prevention of secondary crashes at investigation scenes). 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. Example:

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

mailto:support@grants.gov

FY 2016 MHP NOFA Page 11 of 48 June 2015

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). Data should support proposed project(s). Example:

• [The Applicant] has identified 5 highway corridors that alone 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 along these corridors.

• [The Applicant] has identified hours of service related issues as the single most often cited violation in both carrier investigations and during roadside inspections. The Applicant suspects that driver fatigue, as evidenced by improper adherence to hours of service regulations, accounts for 25% of the crashes in its State.

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

• [The Applicant] will conduct activities around the highways in the 5 designated corridors of highway with the goal of reducing the crash rate along each by greater than 10% during the activity period.

• [The Applicant] will reduce the number of hours of service violations found in roadside inspections and during carrier investigations for domiciled carriers by 30% during the activity period.

4. Program Activity Plan: A description of the activities the applicant believes will help mitigate the problem. Description should include details such as number and frequency of activities. Example:

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

• [The Applicant] will focus on conducting at least 40% of its total number of inspections as Level III. Further, the Applicant will provide additional training to officers in how to detect hours of service violations. Finally, the Applicant will provide 12 free hours of service safety talks to motor carrier associations within its State during the performance period.

FY 2016 MHP NOFA Page 12 of 48 June 2015

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.

The measure must include specific benchmarks that can 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 along each corridor 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 in or near designated corridors will be 10% lower than the comparable period in 2013.

• [The Applicant] will evaluate the various levels of inspections each quarter to ensure that officers focus on Level III to meet the program-wide goal of at least 33% of all inspections. Further, the Applicant will evaluate the violation types cited on inspections and carrier investigations for domiciled carriers to monitor the percentage of hours of service violations. Based on this, the applicant may shift resources to conduct additional safety talks or 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 B.

Application Cost Guidance/Funding Restrictions—

Costs charged to FMCSA grants must be in accordance with the applicable cost principles.

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 C.F.R. §§ 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 MCSAP Comprehensive Policy (specifically Appendix A). The policy is available by request. Contact the FMCSA GMO for additional information.

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

FY 2016 MHP NOFA Page 13 of 48 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.

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

• Travel expenses, including per diem expenses directly related to the enforcement of safety regulations. Breakout the costs.

• Equipment including vehicles, uniforms, communications equipment, special inspection equipment, vehicle maintenance, fuel, and oil. Applicants must fully describe the purpose and use of the equipment. Equipment is defined in 2 C.F.R. part 215 as tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit, unless the applicant’s threshold is lower than $5,000. However, the applicant must use its own definition of equipment and include the different definition in the budget narrative. Each equipment budget narrative must contain (at a minimum):

How the equipment will be used to promote CMV safety for the project(s) proposed;

The number and unit cost of the equipment requested;

Who will be using the equipment;

How the equipment will be pro-rated if not dedicated 100% to the grant; and The equipment definition threshold used (Federal or State).

• 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 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.

• 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 MHP grant program, pro-rating the expense as applicable.

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

FY 2016 MHP NOFA Page 14 of 48 June 2015

Ineligible items:

The following projects/items are not eligible for FY 2016 MHP funding and will not be considered:

• 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 of the property.

• Mobile messaging signs placed on motor carriers subject to the Federal Motor Carrier Safety Regulations (FMCSRs). Often referred to as ‘truck wraps’, these graphics, pictures, or word messages are generally applied to a truck trailer and visible by those around the vehicle.

• Mobile lighted messaging signs operated while a vehicle is in motion. This does not apply to lighted signs, including variable message signs often used to notify motorists of construction or special event information that will be towed to a specific location before being turned on.

• Promotional items that are not conspicuously designed to convey a safety message to a wide audience (e.g., bumper stickers, posters, brochures). These items must be available to the public at large and not restricted to membership in an association or group. Simply placing a safety message on an item of personal consumption or use does not qualify as conveying a safety message and are not appropriate. Examples of ineligible items, regardless of the safety message, are: coffee mugs, small magnets, pens, bags, buttons, bookmarks, etc.

• Vehicles, equipment and supplies not directly related to and necessitated by the efforts proposed in the MHP application. Example: The State proposes to use portable bus ramps to assist in motorcoach enforcement at a destination, but these ramps cannot be transported in the regular duty vehicles of the enforcement personnel. Requesting funds for a truck or trailer for this purpose would generally be acceptable. However, requesting funds for a vehicle associated with traffic enforcement overtime activities for officers who, as a part of their regular duties must have a vehicle, would not be appropriate. For local enforcement agencies, the same principle applies: the FMCSA will not provide support for vehicles for officers who are already assigned vehicles as part of their regular duties unless there is a compelling need explained in the application.

The FMCSA will not approve reimbursement requests for indirect costs if an approved

FY 2016 MHP NOFA Page 15 of 48 June 2015 indirect cost rate agreement is not in force for the period of time that the indirect cost expenses are incurred.

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.

Application Form Requirements—

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

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

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

3. SF-424B – Assurances for Non-Construction Programs: Standard assurances form associated with accepting Federal assistance funds available in the Grants.gov application kit. 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 kit 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 kit. 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 kit. 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.).

FY 2016 MHP NOFA Page 16 of 48 June 2015

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!

• 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.

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

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. The FMCSA does not require indirect cost rate information if the applicant is not claiming indirect costs.

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 response to a FY 2015 NOFA, you do not need to send a new one.

10. Standard Title VI/Non-Discrimination Assurances: This 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 under any program or activity for which the applicant receives Federal financial assistance from FMCSA.

FY 2016 MHP NOFA Page 17 of 48 June 2015

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 MHP 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 or achieve the other listed goals of the program;

• Includes components that address specific program priorities; and

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

TRP reviewers will also evaluate MHP 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 or other activities in areas likely to generate the maximum effectiveness of CMV enforcement;

• 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

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• 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 MHP 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 recipient 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 minimal or 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 weaknesses.

• 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.

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Reviewers will evaluate MHP 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 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 Single Audit Clearinghouse Database; and 3) an evaluation of the applicant’s Single Audit in accordance with the Single Audit Act. 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.

Depending on the level and severity of the Agency’s risk assessment findings, 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. 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 MHP 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;

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• 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, incomplete or incorrectly; and/or has the applicant 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 aspect in the review of the application, in addition to an application’s merit, budget, risk assessment, and past performance. These aspects relate to program-specific policy areas that may factor into an award recommendation. MHP program-aspects include:

• Section 31102 of title 49,United States Code 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. 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

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• 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 or project narrative based on a partial or modified grant recommendation. The FMCSA expects to contact applicants and/or conducting negotiations (if necessary) in January 2016. The FMCSA does not expect to make final awards prior to April 2016. Any contact made by FMCSA with an applicant shall not be inferred as a precursor to a final award at any level or that an award will made after questions are responded to, or additional documents are provided by, the applicant.

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 may make awards after 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 budget process may be found in OMB A-11: http://www.whitehouse.gov/omb/circulars_default/.

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. A copy of the FY 2015 terms and conditions is located within the Grants.gov “Full Announcement” tab. The FMCSA is updating these terms and conditions to comply with OMB requirements and will make them available, by request, in FY 2016.

Contact the FMCSA GMO for additional information.

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

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Performance Progress Report (SF-PPR) and quarterly financial status using the Federal Financial Report (SF-FFR). For FY 2016 FMCSA grant awards, recipients must use GrantSolutions to submit the SF-FFR and SF-PPR.

Additional quarterly…

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