NOFO 693JJ322NF00009.pdf

693JJ322NF00009

2022 BRIDGE INVESTMENT PROGRAM

GRANTS

Opening Date: June 10, 2022

Webinar: June 10, 2022

Planning Project Application Due: July 25, 2022, at 11:59 PM EDT

Large Bridge Project Application Due: August 9, 2022, at 11:59 PM EDT

Bridge Project Application Due: September 8, 2022, at 11:59 PM EDT

NOTE: The FHWA uses www.grants.gov for receipt of all applications. Applicants must register and use the system to submit applications electronically. Applicants are encouraged to register in advance of the submission deadline and to register to receive notifications of updates/amendments to this Notice. Approval of user registrations for the site may take multiple weeks. It is the Applicant’s responsibility to monitor for any updates to this Notice.

http://www.grants.gov/

U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Funding Opportunity for the 2022 Bridge Investment Program

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

(FHWA).

ACTION: Notice of funding opportunity (NOFO).

SUMMARY: The purpose of this notice is to solicit applications for three categories of Bridge

Investment Program (BIP) funding opportunities: (1) Planning; (2) Bridge Projects (projects with eligible costs less than $100 million); and (3) Large Bridge Projects (projects with eligible costs greater than $100 million). Eligible applicants may submit applications for any of the three funding categories, but each category has distinct eligibility and selection criteria and application deadlines.

A total of $20 million in 2022 BIP funds are available for Planning funding opportunities. These funds will be awarded on a competitive basis for planning, feasibility analysis, and revenue forecasting associated with the development of a project that would subsequently be eligible to apply for BIP funding under either the Bridge Projects or Large Bridge Projects funding categories.

A total of $2.36 billion in 2022 BIP funds are available for the Bridge Projects and Large Bridge

Projects funding opportunities. These funds will be awarded on a competitive basis for bridge replacement, rehabilitation, preservation, and protection projects that: (1) improve the safety, efficiency, and reliability of the movement of people and freight over bridges; and (2) improve the condition of bridges in the United States by reducing (a) the number of bridges, and total person miles traveled over bridges, that are in poor condition or that are in fair condition and at risk of falling into poor condition within the next three years, or (b) the number of bridges, and total person miles traveled over bridges, that do not meet current geometric design standards or cannot meet the load and traffic requirements typical of the regional transportation network. In addition, Large Bridge Projects that receive a BIP award of not less than $100 million are eligible for multiyear grants, in which DOT can award available funds to a project over the course of several years in accordance with an agreement and in alignment with its schedule. In selecting Bridge Projects and Large Bridge Projects, FHWA will consider the extent to which

BIP funds leverage non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects.

This notice describes the application requirements, selection and evaluation criteria, applicable program and Federal requirements, and available technical assistance during the grant solicitation period.

ASSISTANCE LISTING (formerly CATALOG OF FEDERAL DOMESTIC

ASSISTANCE) NUMBER: 20.205 Highway Planning and Construction

DATES:

Planning Applications must be submitted by 11:59 p.m. EDT on July 25, 2022.

Bridge Project Applications must be submitted by 11:59 p.m. EDT on September 8, 2022.

Large Bridge Project Applications must be submitted by 11:59 p.m. EDT on August 9, 2022.

The Grants.gov “Apply” function will open by June 10, 2022, for all three funding categories.

Applications must be submitted electronically through grants.gov no later than 11:59 p.m., Eastern Time, (the “application deadline”)1. Applicants are encouraged to submit applications in advance of the application deadline; however, applications will not be evaluated, and awards will not be made, until after the application deadline.

WEBINAR: The FHWA plans to conduct outreach regarding the BIP in the form of a Zoom

Webinar on June 10, 2022, from 2:00 PM to 2:30 PM, Eastern Time to a closed audience. The

Webinar will be recorded and posted on FHWA's Website at BIP - Funding Programs -

Management and Preservation - Bridges & Structures - Federal Highway Administration

(dot.gov).

ADDRESSES: Applications must be submitted electronically through https://www.grants.gov/.

FOR FURTHER INFORMATION CONTACT:

Angela Jones

Agreement Specialist

Office of Acquisition and Grants Management

1 In order to ensure the timely implementation of the BIP, this notice is being issued in advance of receipt of approval of FHWA’s information collection request in accordance with the Paperwork Reduction Act of 1995. The

Act applies to the request for information in this notice in order for DOT to evaluate applications for the BIP grant program. Approval of FHWA’s request is anticipated to be received soon but no later than the close of the application deadline and which will be made available at https://www.fhwa.dot.gov/bridge/bip/. Applications should not be submitted until after PRA approval.

https://www.grants.gov/ https://www.fhwa.dot.gov/bridge/bip/index.cfm https://www.fhwa.dot.gov/bridge/bip/index.cfm https://www.fhwa.dot.gov/bridge/bip/index.cfm https://www.fhwa.dot.gov/bridge/bip/

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE.

Washington, DC 20590

Email: BridgeInvestmentProgram@dot.gov (preferred)

Phone: 202-366-4255

Alternate:

Robin Hobbs

Agreement Officer/Team Leader

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE.

Washington, DC 20590

Phone: 202-366-4004

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

Federal holidays.

The FHWA will not review applications in advance, but FHWA staff are available for technical questions and assistance. In addition, FHWA will post answers to questions and requests for clarifications at Grants.gov under this NOFO’s page. To ensure an applicant receives accurate information about eligibility or the program, the applicant is encouraged to contact FHWA directly, rather than through intermediaries or third parties, with questions.

SUPPLEMENTARY INFORMATION: The organization of this notice is based on an outline set forth in Appendix I to title 2 of the Code of Federal Regulations (CFR) Part 200 to ensure consistency across Federal financial assistance programs. However, that format is designed for locating specific information, not for linear reading. For readers seeking to familiarize themselves with how the BIP multi funding category program application process will work, DOT recommends starting with Section A (Program Description), which describes the goals of the BIP and DOT’s purpose for providing separate selection criteria and application deadlines for each of the three funding categories and Section E (Application Review Information), which describes how DOT will select among eligible applications for each of the three funding categories.

Each section of this notice contains information and instructions relevant to the application process for the three BIP funding categories. The applicant should read this notice in its entirety to submit eligible and competitive applications.

mailto:BridgeInvestmentProgram@dot.gov

Table of Contents

Section Pages

A. PROGRAM DESCRIPTION

B. FEDERAL AWARD INFORMATION

C. ELIGIBILITY INFORMATION

D. APPLICATION AND SUBMISSION INFORMATION

E. APPLICATION REVIEW INFORMATION

F. FEDERAL AWARD ADMINISTRATION INFORMATION

G. FEDERAL AWARDING AGENCY CONTACT(S)

H. OTHER INFORMATION

SECTION A - PROGRAM DESCRIPTION

1. Overview

Section 11118 of the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure

Investment and Jobs Act (Pub. L. 117-58, Nov. 15, 2021), established the Bridge Investment

Program (BIP) which is codified at 23 U.S.C. § 124. The goals of the BIP are: (1) to improve the safety, efficiency, and reliability of the movement of people and freight over bridges; (2) to improve the condition of bridges in the United States by (a) reducing the number of bridges in poor condition or in fair condition and at risk of falling into poor condition within the next 3 years, (b) reducing the total person miles traveled over bridges in poor condition, or in fair condition and at risk of falling into poor condition within the next 3 years, (c) reducing the number of bridges that do not meet current geometric design standards, or cannot meet the load and traffic requirements typical of the regional transportation network, and (d) reducing the total person miles traveled over bridges that do not meet current geometric design standards, or cannot meet the load and traffic requirements typical of the regional transportation network; and (3) to provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects.

The DOT will provide FY 2022 BIP funds for Planning, Bridge Projects, and Large Bridge

Projects consistent with each category’s statutory language and the priorities described in this

NOFO. To help streamline the BIP process for applicants, DOT has combined the BIP funding opportunity announcement, selection criteria, and application deadline for each of the three BIP funding categories into one NOFO. Applicants may choose to apply to one, two, or all three of the BIP funding categories as appropriate based on eligible projects under each category. To assist applicants interested in applying for a FY 2022 BIP grant, DOT has developed application templates for each of the BIP funding categories. Applicants are encouraged to use the appropriate template for the specific funding category under which they seek a BIP grant.

Eligible applicants should be aware that the BIP has a statutory requirement only for grants for

Bridge Projects or Large Bridge Projects that the projects be reasonably expected to begin construction not later than 18 months after the date on which BIP funds are obligated for the project and preliminary engineering is complete for the project. To the extent an eligible applicant is unsure if their proposed project will meet these statutory requirements for FY 2022, DOT encourages eligible applicants to not be dissuaded. While a project may not be developed to the point where it could meet these conditions, as described in this notice, the project may be a candidate for a Planning grant. Or, the project may be better suited for a Bridge Projects phased grant under which BIP funds would be made available to complete preconstruction activities and also for construction. Under a phase grant agreement, a project would need to meet the statutory requirement that the project be reasonable expected to begin construction within 18 months of the obligation of BIP funds for the preconstruction activities.

Division J of Title VIII of BIL provides $20 million for grants for planning, feasibility analyses, and revenue forecasting associated with the development of a project that would subsequently be eligible to apply for assistance under the BIP. Upon successful and timely completion of all FY

2022 Planning grants, project sponsors may apply for a Bridge Project or Large Bridge Project

BIP grant under a subsequent BIP notice.

For FY 2022, DOT seeks to fund Bridge Projects and Large Bridge Projects that have completed the environmental review process and are ready to proceed to the next stage of project delivery within 12 months of a Categorial Exclusion Determination, Finding of No Significant Impact or

Record of Decision. The DOT encourages applicants of Large Bridge Projects with a demonstrated need for a BIP grant of at least $100 million and with a construction schedule and budget that would benefit from a distribution of a BIP grant over a four-year period to apply for a multiyear grant agreement. Consistent with the selection criteria and evaluation process described in this notice, for FY 2022, DOT seeks to award BIP funds first to Large Bridge

Projects for construction only of a bridge(s) in poor condition or in fair condition and at risk of falling into poor condition within the next three years and that will benefit most from a multi-year grant award.

For Bridge Projects, for FY 2022, after selection and announcement of Large Bridge Projects, DOT seeks to support Bridge Projects involving a bridge(s) in poor condition or in fair condition and at risk of falling into poor condition within the next three years and would benefit from a phased BIP award to: (1) complete final design and any right-of-way acquisition within 12 months; and (2) provide BIP funds for construction, which will begin no later than 18 months of obligation of the FY 2022 BIP funds for completion of final design and right-of-way acquisition.

Competitive applications for Large Bridge Projects and Bridge Projects should address how restoring bridges to a state of good repair while doing so within the existing right-of-way and minimizing the need for relocations will achieve the goals of the BIP and ensure the effective use of Federal funding while also improving transportation safety, reducing surface transportation-related greenhouse gas emissions, increasing resilience to climate change, delivering equitable transportation options and access, promoting competitiveness of the U.S. economy, improving job opportunities, and accommodating new and emerging technologies2. The DOT expects FY

2022 BIP projects to not only improve the condition of our nation’s bridges but provide equitable

2 Proper maintenance is an affirmative responsibility of the States as required by 23 U.S.C 116. FHWA’s Building a

Better America Policy (BBAM), available at Bipartisan Infrastructure Law - Building a Better America – Policy

Framework | Federal Highway Administration (dot.gov), will help achieve these important goals. Additionally, the

BBAM is consistent with the Bipartisan Infrastructure Law and recently issued Presidential Executive Orders (EOs), including, EO 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619); EO 13985, Advancing Racial

Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009); and EO 14030

Climate Related Financial Risk (86 FR 27967).

https://www.fhwa.dot.gov/bipartisan-infrastructure-law/building_a_better_america-policy_framework.cfm https://www.fhwa.dot.gov/bipartisan-infrastructure-law/building_a_better_america-policy_framework.cfm benefits to all users including partnering with stakeholders to modernize utilities within the project right-of-way to meet current standards. The priority considerations DOT will take into account when selecting Large Bridge Projects and Bridge Projects is described in Section

E.2.b.iv. The priority considerations for Planning grants is described in Section E.2.a.

The National Roadway Safety Strategy (NRSS) (issued January 27, 2022) commits the DOT and

FHWA to respond to the current crisis in traffic fatalities by “taking substantial, comprehensive action to significantly reduce serious and fatal injuries on the Nation’s roadways,” in pursuit of the goal of achieving zero highway deaths. The DOT recognizes that zero is the only acceptable number of deaths on our roads and achieving that is our safety goal. The DOT therefore encourages States and other funding recipients to prioritize safety in all Federal highway investments and in all appropriate projects, using relevant Federal-aid funding, including funds from BIP.

The Safe System approach addresses the safety of all road users, including those who walk, bike, drive, ride transit, and travel by other modes. It involves a paradigm shift to improve safety culture, increase collaboration across all safety stakeholders, and refocus transportation system design and operation on anticipating human mistakes and lessening impact forces to reduce crash severity and save lives. To achieve the vision of zero fatalities and Building a Better America, safety should be fully considered in an eligible applicant’s investment decisions, from planning and programming, environmental analysis, project design, and construction, to maintenance and operations. Eligible applicants should use the best available evidence and data-driven safety analyses to ensure that safety is a key input in any decision made in the project development process and fully consider the safety of all road users in project development.

The DOT encourages eligible applicants to consider the use of funds from BIP to address roadway safety for all users and implement the Safe System approach wherever possible.

Improvements to safety features, including traffic signs, pavement markings, and multimodal accommodations that are routinely provided as part of a broader Federal-aid highway project can and should be funded from the same source as the broader project as long as the use is eligible under that funding source.

As one approach to ensuring the safety of all roadway users, DOT encourages States and communities to adopt and implement Complete Streets policies that prioritize the safety of all users in transportation network planning, design, construction and operations3. The BIP applicants are encouraged to consider Complete Street strategies in their BIP application.

3 Section 11206 of the BIL defines Complete Streets standards or policies as those which “ensure the safe and adequate accommodation of all users of the transportation system, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles.” A

Complete Street includes, but is not limited to, sidewalks, bike lanes (or wide paved shoulders), special bus lanes, accessible public transportation stops, safe and accommodating crossing options, median islands, pedestrian signals, https://www.fhwa.dot.gov/bipartisan-infrastructure-law/building_a_better_america-policy_framework.cfm

Funds from BIP are available to improve accessibility and upgrade bridge facilities to eliminate physical obstacles and provide for accessibility for individuals with disabilities when addressing these needs. The FHWA will provide oversight to recipients of BIP funds to ensure that each public agency's project planning, design, and construction programs comply with the Americans with Disabilities Act (ADA) of 1990 and Section 504 of the Rehabilitation Act of

1973 which prohibit discrimination against people with disabilities and ensure equal opportunity and access for persons with disabilities4.

The DOT encourages the submission of projects, consistent with the BIP statutory eligibilities described in Section C of this NOFO, that modernize all streets, highways, and bridges. These objectives are consistent with FHWA’s Building a Better America Policy, available at Bipartisan

Infrastructure Law - Building a Better America – Policy Framework | Federal Highway

Administration (dot.gov).

Section E of this NOFO, which outlines FY 2022 BIP Grant selection criteria, describes the process for selecting projects that further these goals. Section F.3 describes progress and performance reporting requirements for selected projects, including the relationship between that reporting and the program’s selection criteria, and the Administration’s goals as appropriate.

2. Additional Information

The DOT is committed to considering project funding decisions holistically among the various discretionary grant programs available in BIL. The DOT also recognizes that applicants may be seeking funding from multiple discretionary grant programs and opportunities. An applicant may seek the same award amounts from multiple DOT discretionary opportunities or seek a combination of funding from multiple DOT opportunities.

The applicant should identify any other DOT programs or opportunities they intend to apply for

(or utilize if the Federal funding is already available to the applicant), and what award amounts they will be seeking, in the appropriate sections in the application.

curb extensions, narrower travel lanes, and roundabouts. A Complete Street is safe, and feels safe, for everyone using the street.

4 The DOT’s Section 504 regulations apply to recipients of DOT’s financial assistance (See 49 CFR 27.3(a)). Title

II of the ADA applies to public entities regardless of whether they receive Federal financial assistance (See 28 CFR

35.102(a)). The ADA requires that no qualified individual with a disability shall,because a public entity’s facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity (28 CFR 35.149). A public entity’s pedestrian facilities are considered a “service, program, or activity” of the public entity. As a result, public entities and recipients of Federal financial assistance are required to ensure the accessibility of pedestrian facilities in the public right-of-way, such as curb ramps, sidewalks, crosswalks, pedestrian signals, and transit stops in accordance with applicable regulations.

https://www.fhwa.dot.gov/bipartisan-infrastructure-law/building_a_better_america-policy_framework.cfm https://www.fhwa.dot.gov/bipartisan-infrastructure-law/building_a_better_america-policy_framework.cfm https://www.fhwa.dot.gov/bipartisan-infrastructure-law/building_a_better_america-policy_framework.cfm

SECTION B - FEDERAL AWARD INFORMATION

1. Award Amount Available

For Fiscal Year 2022, a total of $2.36 billion is available for BIP awards under this notice.5 Of this amount, $20 million is available for Planning projects, and $2.34 is available for Large

Bridge Projects and Bridge Projects. All awards of Fiscal Year 2022 BIP funds are available for obligation through September 30, 2025, however, Highway Infrastructure Program General

Funds from the U.S. Treasury must be expended by September 30, 2030, whereas Highway Trust

Funds do not have an expenditure deadline.

In addition to the FY 2022 funding, DOT may enter into multiyear grant agreements with Large

Bridge Projects that enable awards to those projects using funding available in future fiscal years, based on a potential awarded project’s size, schedule and availability of funding.6 Any award under this notice will be subject to the availability of funding. Each BIP funding category has specific funding restrictions. Refer to Section D.6 for greater detail on funding restriction for each funding category.

2. Award Size

There is no minimum or maximum award amount size for Planning grants. For Large Bridge

Projects, a BIP grant shall be in an amount that is adequate to fully fund the project (in combination with other financial resources identified in the application) and not less than $50 million, with a maximum award amount of not more than 50 percent of the total eligible project costs. For Bridge Projects, a BIP grant shall be in an amount that is adequate to fully fund the project (in combination with other financial resources identified in the application) and not less than $2.5 million, with a maximum award amount not more than 80 percent of the total eligible project costs.

5 Of the total amount of FY 2022 BIP funding available in this notice, approximately $533 million is authorized contract authority from the Highway Trust Fund (HTF), and $1.827 billion is advanced appropriations from the

General Fund. The HTF amount is calculated as $600 million authorized less a set-aside of $16 million for Tribal transportation facility bridges and about $51 million due to the imposition of the annual obligation limitation. The

General Fund amount excludes the $20 million set-aside for Tribal transportation facility bridges.

6 23 U.S.C. § 124(j) authorizes the use of multi-year grant agreements for Large Bridge Projects. Those agreements may include a commitment, contingent on amounts to be specified in law in advance for such commitments, to provide future year funds.

3. Statutory FY 2022 – FY 2027 Funding Provisions

a. Large Bridge Projects

The DOT shall use for Large Bridge Projects at least 50 percent of funds made available to carry out this program out of the Highway Trust Fund. In FY 2022, this amount is $300 million.

A Large Bridge Project that receives a grant under this program of at least $100 million may be carried out through a multi-year grant agreement. A multi-year agreement will be established to describe the terms of participation by the Federal Government in the project, the maximum amount of Federal financial assistance for the project, a payout schedule for the project

(providing for disbursement of the full grant amount within four fiscal years after the fiscal year in which the initial amount is provided), and the period of time for completing the project, and to provide timely and efficient management of the project. A multi-year grant award may include a commitment, contingent on amounts to be specified in law, from future available budget authority. Interest and other financing costs of carrying out a project within a reasonable timeframe shall be considered a cost of carrying out the project under a multi-year agreement.

Interest and other financing costs shall be of the most favorable financing terms reasonably available, and the applicant shall certify to DOT that the applicant carried out reasonable diligence in seeking favorable financing terms.

b. Culverts

The DOT may award no more than 5 percent of funds made available for each fiscal year for the

BIP to projects solely consisting of culvert replacement or rehabilitation. The culverts are required to be on the National Bridge Inventory under 23 U.S.C. § 144(b).

c. Unutilized Amounts

If, in fiscal year 2026, the Secretary determines that grants under the BIP program will not meet the Large Bridge Projects restriction, the Secretary shall use the unutilized amounts to make other grants under the program during FY 2026.

d. Prohibited Use

Grant funds may not be used to support or oppose union organizing.

4. Type of Award

If a grant recipient under the BIP is a State Department of Transportation (State DOT), or if a

State DOT serves as a pass-through entity to a non-State DOT recipient, BIP funds will be awarded upon the execution of a project agreement: a type of grant agreement for administration of funds allocated to a State DOT in the FHWA Fiscal Management Information System (FMIS).

If a grant recipient under the BIP is any other eligible applicant (i.e., not a State DOT), BIP funds will be awarded upon the execution of a grant agreement between FHWA and the recipient. A non-State DOT selected to receive a BIP award may elect to have a State DOT or FHWA

Federal Lands Highway Division administer the BIP funds, subject to agreement with the State

DOT or FHWA Federal Lands Highway Division.

5. Period of Performance

If a grant recipient is a State DOT or if a State DOT serves as a pass-through to a non-State DOT recipient, the DOT Payment System will be “Current Bill” in FHWA’s FMIS and the start of the period of performance will begin on the date BIP funds are obligated in FMIS and end on the project end date in FMIS.

If a grant recipient is a non-State DOT entity, the FHWA Payment System will be FHWA’s

“DELPHI eInvoicing” and the start of the period of performance will begin on the date of the grant agreement executed by the FHWA which will obligate the BIP funds and end on the period of performance that is listed in the grant agreement.

SECTION C - ELIGIBILITY INFORMATION

To be selected for a grant, an applicant must be an Eligible Applicant and the project must be an

Eligible Project. Applications that do not meet these threshold eligibility requirements will not be evaluated under the statutory selection criteria, project outcome criteria, and priority considerations in Section E.

1. Eligible Applicants

a. Each of the three BIP funding categories have the same statutory rules for what kinds of applicants are eligible to apply.

Eligible Applicants

(23 U.S.C. § 124(d))

Planning Bridge Project Large Bridge Project

1. A State or a group of States7;

2. A metropolitan planning organization that serves an urbanized area (as designated by the Bureau of the Census) with a population over 200,000;

3. A unit of local government or a group of local governments;

4. A political subdivision of a State or local government;

5. A special purpose district or a public authority with a transportation function;

6. A Federal land management agency;

7. A Tribal government or a consortium of Tribal governments; and

8. A multistate or multijurisdictional group of entities as described above in 1 – 7.

b. Joint Applications for Any BIP Funding Category

Multiple States or a multijurisdictional group that submits a joint application should identify a lead applicant as the primary point of contact. Joint applications should include a description of the roles and responsibilities of each applicant and should be signed or include a letter of support

7 The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico (23 U.S.C. § 101(a)(28)).

https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-80204913-293024738&term_occur=999&term_src= by each applicant. The applicant that will be responsible for financial administration of the project and the recipient of a BIP award must be an eligible applicant.

2. Award Size and Cost Share

For Large Bridge Project BIP grants, the maximum award amount may not exceed 50 percent of the total eligible project costs (see Section B.2 Award Size). For Bridge Project BIP grants, the maximum award amount may not exceed 80 percent of the total eligible project costs (see

Section B.2 Award Size) and 90 percent for off-system bridges. However, the total Federal contributions for Large Bridge Projects or Bridge Projects cannot exceed the share requirements in 23 U.S.C. § 120.

Unless otherwise authorized by statute, non-Federal cost-share may not be counted as non-

Federal share for both a BIP grant and another Federal program. An example of a Federal program that may be used for the local match is the TIFIA program. (See 23 U.S.C.

§ 603(b)(8)). For a project under BIP, DOT cannot consider previously incurred costs or previously expended or encumbered funds towards the matching requirement. Matching funds are subject to the same Federal requirements as BIP funds.

Non-Federal sources include State funds originating from programs funded by State revenue, local funds originating from State or local revenue-funded programs, private funds, or other funding sources of non-Federal origin. For each project that receives a grant under this notice, DOT expects the project to be completed using at least the amount of non-Federal funding that was specified in the application.

Per 23 U.S.C. § 124(c)(4), Federal assistance other than a grant under BIP program may be used to satisfy the non-Federal share of the cost of a project for which a BIP grant is made, except the total Federal assistance provided for a project receiving a grant under the BIP may not exceed the

Federal share for the project under 23 U.S.C. § 120.

In the case of an eligible project for an off-system bridge, as defined under 23 U.S.C.

§ 133(f)(1)8, Federal assistance other than a BIP grant may be used to satisfy the non-Federal share of the cost of a project, as long as the total Federal assistance provided for such project does not exceed 90 percent of the total eligible project costs.

8 Although 23 U.S.C. § 133(f)(1) includes low water crossing in the definition of “off-system bridge,” 23 U.S.C. §

124(a)(1)(A) defines an eligible project as a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 23 U.S.C. § 144(b). Because a low water crossing is not considered a bridge under 23 CFR 650.305, such structures are not included in the National Bridge Inventory. Therefore, a low water crossing is not eligible for BIP funding.

For a Federal land management agency, a Tribal government, or a consortium of Tribal governments only, Federal funds made available under a program other than the BIP program may be used to pay the remaining share of the cost of a BIP project.

Additional information on non-Federal matching requirements can be found at https://www.fhwa.dot.gov/legsregs/directives/policy/memonfmr_tapered20190515.htm

3. Other

a. Eligible Projects

The Planning opportunity and the opportunities for Bridge Project and Large Bridge Project grants have different statutory rules for what kinds of projects are eligible for funding under these categories.

Eligible Projects

Planning Bridge Projects

(Projects with total eligible projects costs of $100 million or less)

Large Bridge Project

(Projects with a total eligible project costs of greater than

$100 million)

(See 23 U.S.C. § 124(a)(2))

Project for planning, feasibility analyses, and revenue forecasting associated with the development of a project that would subsequently be eligible to apply for assistance under the BIP

(See Division J, Title VIII of

BIL9)

1. Project to replace, rehabilitate, preserve, or protect one or more bridges on the National Bridge

Inventory under 23 U.S.C. §

144(b)10 (See 23 U.S.C. §

124(a)(1)(A))

2. A project under the BIP program includes bridge

1. Project to replace, rehabilitate, preserve, or protect one or more bridges on the National Bridge

Inventory under 23 U.S.C. §

144(b)10 (See 23 U.S.C. §

124(a)(1)(A))

2. A project under the BIP program includes bridge bundling10 and culverts11 (23

U.S.C. § 124(a)(1)(B))

9 BIL provides $20m specifically for these activities.

10 This includes a bundle of projects, regardless of whether the bundles of projects meets the requirements of 23

U.S.C. § 144(j)(5), which removes the requirement of the bundled projects having similar Federal and local share matches.

https://www.fhwa.dot.gov/legsregs/directives/policy/memonfmr_tapered20190515.htm

Eligible Projects

Planning Bridge Projects

(Projects with total eligible projects costs of $100 million or less)

Large Bridge Project

(Projects with a total eligible project costs of greater than

$100 million)

(See 23 U.S.C. § 124(a)(2)) bundling10 and culverts11 (23

U.S.C. § 124(a)(1)(B))

b. Additional Eligibility Requirements – Bridge Projects and Large Bridge Projects

In addition to meeting the BIP statutory project eligibility, applicants for Bridge Project and

Large Bridge Project grants must specifically address two title 23, United States Code (U.S.C.)

requirements (1) how the bridge will be maintained, and (2) accommodations for bicyclists and pedestrian.

i. Maintenance Commitment

The application must demonstrate how the grant recipient, whether a State DOT or non-State

DOT direct recipient, will maintain or cause to be maintained a Bridge Project or Large Bridge

Project that receives BIP funds. (23 U.S.C. § 116(b)). Competitive applications will identify which entity will be responsible for maintaining the BIP funded project, estimated maintenance costs over the life of the project, and sources to fund those costs.

ii. Bike and Pedestrian Accommodation

BIP grants are subject to requirements for accommodations for bicycles and pedestrians pursuant to 23 U.S.C. § 217(e). Under this provision, all projects with Federal financial participation

(including under BIP) that replace or rehabilitate a highway bridge deck are required to provide safe accommodation of pedestrians or bicyclists, as applicable, on the bridge, when both of the following conditions are met: (1) the bridge is located on a highway on which pedestrians or bicyclists are allowed to operate at each end of the bridge; and (2) FHWA determines that safe accommodation can be provided at reasonable cost12.

11 This includes projects to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species. The culverts are required to be on the National Bridge Inventory under 23

U.S.C. § 144(b).

12 The first step in this process is to assess whether the bridge is located on a highway on which pedestrians or bicyclists are allowed to operate at each end of the bridge. If that is the case, in making a determination as to

c. Eligible Project Costs

Planning grants and Bridge Project and Large Bridge Project grants have different statutory rules for what activities are eligible project costs under these categories. The table below restates eligible project costs for each category per the BIP statute.

Eligible Project Costs

Planning Bridge Project Large Bridge Project

Division J, Title VIII (BIL, Pub. L. 117-58); 23 CFR

636.103

23 U.S.C. § 124(h)

Planning, feasibility analyses, and revenue forecasting.

1. Development phase activities, including planning, feasibility analyses, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities

2. Construction, which includes replacement and preservation, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance

3. Expenses related to the protection as described in 23 U.S.C. § 133(b)(10) of a bridge, including seismic or scour protection

4. On the request of an eligible entity carrying out an eligible project, amounts awarded to the entity to pay subsidy and administrative costs necessary whether safe accommodation can be provided at a reasonable cost FHWA will rely on its bicycle and pedestrian travel accommodation policy (https://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/design.cfm); the

FHWA will presume, that safe accommodation for bicyclists and pedestrians can be provided at reasonable cost for all BIP projects absent an affirmative showing by the project sponsor that the cost of such accommodation would exceed twenty percent of the cost of the larger transportation project. For instances where such accommodation exceeds twenty percent, the addition of bicyclist and pedestrian accommodation is not required, but FHWA encourages States to consider providing for such accommodation.

https://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/design.cfm to provide to the entity Federal credit assistance under 23 U.S.C. chapter 6

This table summarizes the statutorily defined BIP eligible project costs. The DOT recognizes that there are other eligible project costs, such as community engagement, that may be necessary for performance of a BIP award. Under 23 U.S.C. § 139(j), public entities receiving Federal assistance under title 23, U.S.C., or chapter 53, of title 49, U.S.C., may provide funds to Federal

Agencies, State agencies, and Tribes participating in the environmental review process for the project.

If DOT makes a multi-year grant award, interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multi-year grant agreement.

i. Letters of No Prejudice

Under 23 U.S.C. § 124(k), DOT may pay to an applicant all eligible project costs under the BIP, including costs for an activity for an eligible project incurred prior to the date on which the project receives BIP funding assistance. Reimbursement for the activity is dependent upon the following:

a. Before an applicant carries out the activity, DOT approves through a Letter of No

Prejudice the activity, with a finding that it is an eligible BIP activity;

b. The FHWA National Environmental Policy Act project development process (NEPA) is complete for the project with a verifiable Record of Decision, Finding of No

Significant Impact of Categorial Exclusion Determination; and

c. The activity is carried out without Federal assistance and in accordance with all applicable procedures and requirements.

Interest and other financing costs in carrying out an eligible activity for an eligible project may also be incurred under the process set forth in 23 U.S.C. § 124(k)(2).

Applicants interested in seeking approval for an eligible activity for an eligible BIP project are advised that an approval (1) does not constitute an obligation of the Federal Government and

(2) shall not alter or influence any evaluation for a Bridge Project or Large Bridge Project application or any recommendation by DOT for providing BIP funds to the project. (23 U.S.C. §

142(k)(3)). Applicants interested in seeking a Letter of No Prejudice should do so with the understanding that if approved they are proceeding at risk, as there is no guarantee that costs incurred will be reimbursed by DOT.

d. Limitation on Award of BIP Grants

13 For BIP, construction start date means the anticipated date of project mobilization for physical construction.

14 Under 23 U.S.C. § 124(e)(3), the Secretary may make a grant under BIP only to an eligible entity for a project that is based on the results of preliminary engineering. Although a project may be selected to receive a BIP grant for construction, DOT will not make the grant funds available until all applicable Federal requirements have been met, including completion of preliminary engineering. The BIP grant or “Federal award” will be provided pursuant to a grant agreement setting forth the terms and conditions of the award and the Federal award date means the date the grant agreement is signed by the authorized official of the FHWA. (2 CFR 200.1 and 200.201).

Limitations on BIP Awards

Planning Bridge Project Large Bridge

Project

Instructions

No limitation.

1. The project is reasonably expected to begin construction not later than 18 months after the date on which

BIP funds are obligated for the project.

(23 U.S.C. §

124(e)(2))

1. The project is reasonably expected to begin construction not later than

18 months after the date on which BIP funds are obligated for the project.

(23 U.S.C. §

124(e)(2))

Please provide expected date of obligation of BIP funds and construction start date13, referencing project budget and schedule as needed. If the project has multiple independent components, or will be obligated and constructed in multiple phases, please provide sufficient information to show that each component meets this requirement. The DOT will base its determination on the project risk rating as assessed according to the Project

Readiness consideration. The DOT will base its determination on the project risk as assessed by the Environmental Risk, Financial Completeness, and Technical

Capacity evaluators.

2. Preliminary engineering is complete for the project14. (23

U.S.C. §

2. Preliminary engineering is complete for the project. (23

U.S.C. §

For a project or independent project component to be based on the results of preliminary engineering, please indicate which of the following activities have been completed as of the date of application submission:

• Environmental Assessments

• Topographic Surveys

• Metes and Bounds Surveys

• Geotechnical Investigations

• Hydrologic Analysis

• Utility Engineering

During the period of Fiscal years 2022 through 2026, in each State from which an eligible project is submitted, not fewer than 1 Large Bridge Project that is deemed justified or 2 Bridge

Projects that are deemed justified, are to be awarded. An award is not required to be made to an eligible project which was determined to not be justified under an evaluation. (23 U.S.C. §

124(c)(5)(B)(ii) and (iii)).

4. Determination of Whether a Large Bridge Project’s Total Eligible Costs Are Not Less

Than $100 Million

For Large Bridge Projects, to determine whether total eligible project costs exceed $100 million, DOT will count all future eligible project costs under the award and some related costs incurred before selection for a BIP Large Bridge Project grant.

The DOT will include previously incurred costs in total eligible project costs only if they were eligible project costs under Section C.3.b and were expended as part of the project for which the applicant seeks funds. Although previously incurred costs may be used for meeting the minimum threshold described in this section, they cannot be reimbursed with BIP grant funds unless DOT has approved a Letter of No Prejudice, nor will they count toward the project’s required non-Federal share.

5. Definition of Urban and Rural Communities

In selecting BIP grants, the Secretary shall consider geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities. For purpose of this notice, in defining urban and rural communities, DOT will rely on the Census Bureau

• Traffic Studies

• Financial Plans

• Revenue Estimates

• Hazardous Materials Assessments

• General estimates of the types and quantities of materials

• Other work needed to establish parameters for the final design.

If one or more of these activities was included in a larger plan or document not described above, please explicitly state that and reference the document. The

DOT will base its determination on the assessment by technical capacity evaluators.

Census 2010 definition of Urbanized Area (UA) as an area that consists of densely settled territory that contains 50,000 or more people. Updated lists of UAs are available on the Census

Bureau Website at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/. For the purposes of the BIP program, Urbanized Areas with populations of less than 50,000 will be considered rural.

http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/

SECTION D - APPLICATION AND SUBMISSION INFORMATION

1. Address to Request Application Package

All application materials may be found on Grants.gov at http://www.grants.gov.

Once at Grants.gov, select the Search Grants tab. Then enter one of the following:

• Opportunity Number: 693JJ322NF00009

• Opportunity Name: Bridge Investment Program – Planning, Bridge Projects, and

Large Bridge Projects

• Assistance Listing Number: 20.205 Highway Planning and Construction

When at one of these pages, select the Opportunity, which will open to a page with several tabs. The first tab is a synopsis of the opportunity. Select the Application Package tab to download the forms needed to submit an FY 2022 BIP application.

For a Telephone Device for the Deaf (TDD), please call (202) 366-3993. If potential applicants are unable to download the application package from the internet, they may send a written request for a paper copy to the below address. Requests should be sent to:

Angela Jones

Agreement Specialist

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE.

Washington, DC 20590

Phone: 202-366-4255

Alternate:

Robin Hobbs

Agreement Officer/Team Leader

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE.

Washington, DC 20590

Phone: 202-366-4004

2. Content and Form of Application Submission

All applications must be submitted electronically through grants.gov.

The application must include the Standard Form 424 (Application for Federal Assistance), Standard Form 424C (Budget Information for Construction Programs) and the respective application template of the BIP funding category with a supplemental Project Narrative as needed. More detailed information about the application templates and Project Narrative follows.

a. Application Templates

Applicants seeking FY 2022 BIP funds should submit an application template for the respective

BIP funding category. The Planning Project Application Template, the Bridge Project

Application Template, and Large Bridge Project Application Template are attached to this notice.

b. Planning Project Application and Project Narrative

Applicants for a FY 2022 BIP Planning grant are encouraged to use the FY 2022 Planning project application template and may submit a supplemental project narrative to provide any additional information necessary for DOT to determine that the project meets the statutory selection criteria and considerations described in Section E.1 and to assess the project outcome criteria specified in Section E.2. The Planning application template follows the outline below. If a supplemental project narrative is submitted with the application, DOT recommends that the project narrative follow the same outline to provide any additional information an applicant would like to provide regarding BIP program requirements. Following the template will also assist evaluators in locating relevant information.

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

See D.2.d.1

II. National Bridge Inventory Data See D.2.d.II

III. Project Costs – Grant Funds, Sources, and

Use of all Project Funding

See D.2.d.III

IV. Project Outcome Criteria See E.1

V. Project Priority Considerations See E.2

c. Bridge Project and Large Bridge Project Applications

Applicants for a FY 2022 BIP Bridge Project or Large Bridge Project grant are encouraged to use the respective funding category application template and may submit a supplemental project narrative to provide any additional information necessary for DOT to determine that the project meets the statutory eligibility criteria described in Section E.1 and to assess the project outcome criteria specified in Section E.2. The Bridge Project and Large Bridge Project application templates each follow the outline below. If a supplemental project narrative is submitted with the application, DOT recommends that the project narrative follow the outline below.