NOFO Work Zone Safety Information Clearinghouse.pdf

NOFO Number 693JJ323NF00010

NOTICE OF FUNDING OPPORTUNITY FOR 2023 National Work Zone Safety

Information Clearinghouse

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

(FHWA).

ACTION: Notice of Funding Opportunity (NOFO) for 2023 National Work Zone Safety

Information Clearinghouse – Sole Source set-aside for the American Road & Transportation

Builders Association (ARTBA)

FUNDING OPPORTUNITY NUMBER: 693JJ323NF00010

ASSISTANCE LISTING NUMBER: 20.215 Highway Training & Education

TOTAL AMOUNT AVAILABLE: This NOFO is expected to result in the distribution of up to

$2.65 million to ARTBA. The actual amount available to be awarded under this notice will be subject to the availability of funds. This NOFO will result in the award of one (1) cooperative agreement with competition set-aside for ARTBA.

DEADLINE FOR APPLICATIONS: July 07, 2023 at 11:59PM (Eastern)

SUBMIT APPLICATIONS TO: 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.

FHWA POINT OF CONTACT:

Ryan Buck

Agreement Officer/Specialist

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE.

Washington, DC 20590

Email: Ryan.Buck@dot.gov (preferred)

Phone: 202-366-4229

Each section of this notice contains information and instructions relevant to the application process. The applicant should read this notice in its entirety so that they have the information they need to submit eligible and competitive applications.

http://www.grants.gov/ mailto:Ryan.Buck@dot.gov

Table of Contents

SECTION A – PROGRAM DESCRIPTION

SECTION B – FEDERAL AWARD INFORMATION

SECTION C – ELIGIBILITY INFORMATION

SECTION E – APPLICATION REVIEW INFORMATION

SECTION F – FEDERAL AWARD ADMINISTRATION INFORMATION

SECTION G – FEDERAL AWARDING AGENCY CONTACTS

SECTION H – OTHER INFORMATION

The Federal Highway Administration (FHWA) is using www.Grants.gov for issuance of this Notice of

Funding Opportunity (NOFO). Applicants must register at Grants.gov under the NOFO number to receive notifications of updates/amendments to this NOFO. It is the Applicant’s responsibility to monitor the

Grants.gov site for any updates/amendments to this NOFO.

This notice contains collection-of-information requirements subject to the Paperwork Reduction Act. This information collection has been approved by OMB under 2125-0673. The use of Standard Forms 424, 424A, 424B, 424C, 424 D, and SF-LLL has been approved by OMB under 2105-0520. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the Paperwork Reduction Act, unless that collection displays a currently valid

OMB control number.

Informational Websites:

• http://ops.fhwa.dot.gov/wz/outreach/wz_grants.htm

• https://workzonesafety.org/training-resources/fhwa-safety-grant-products

• https://www.nhi.fhwa.dot.gov/home.aspx http://ops.fhwa.dot.gov/wz/outreach/wz_grants.htm https://workzonesafety.org/training-resources/fhwa-safety-grant-products https://www.nhi.fhwa.dot.gov/home.aspx

Summary Information

Funding Opportunity

Summary:

Up to $2.65 million in Federal funding to award one (1) cooperative agreement to ARTBA for continued operation and maintenance of the National Work Zone Safety Information

Clearinghouse.

Federal Agency Name: U.S. Department of Transportation (DOT)

Federal Highway Administration (FHWA)

Office of Transportation Operations (HOTO)

1200 New Jersey Avenue, SE

Washington, DC 20590

Attn: Martha Kapitanov

Funding Opportunity

Title:

2023 National Work Zone Safety Information Clearinghouse –

Sole Source set-aside for the American Road & Transportation

Builders Association (ARTBA)

Announcement Type: Notice of planned follow-on award to the current Clearinghouse

Cooperative Agreement Number 693JJ31750009 awarded to

ARTBA

Funding Opportunity

Number:

693JJ323NF00010

Type of Award: Cost-Reimbursable Cooperative Agreement

Assistance Listing

Number:

20.215 (Highway Training & Education)

Application Due Date: Submission Deadline: Applications Due by July 07, 2023 at

11:59PM (Eastern) through www.Grants.gov

Questions: Submit Questions to: Ryan.Buck@dot.gov &

Martha.Kapitanov@dot.gov mailto:Martha.Kapitanov@dot.gov

SECTION A – PROGRAM DESCRIPTION

The FHWA hereby requests an application for assistance from ARTBA to result in the award of a new Cooperative Agreement, entitled, “National Work Zone Safety Information

Clearinghouse.”

1. STATEMENT OF PURPOSE

The purpose of this NOFO is to solicit one application for continued operation and maintenance of the National Work Zone Safety Information Clearinghouse and will result in the distribution of up to $2.65 million. The actual amount available to be awarded under this notice will be subject to the availability of funds.

The purpose of this anticipated award is to provide funding to continue operation and maintenance of the National Work Zone Safety Information Clearinghouse. The recipient will be required to produce, collect, assemble, organize, and disseminate information relating to improvement of roadway work zone safety. This information includes but is not limited to roadway work zone safety "best practices," crash statistics and trends, laws, regulations, public awareness campaigns, products, training, and educational materials.

2. LEGISLATIVE AUTHORITY

Section 1409 of SAFETEA-LU, Public Law 109-59, authorized “… a work zone safety grant program under which the Secretary may make grants to nonprofit organizations and not-for-profit organizations to provide training to prevent or reduce highway work zone injuries and fatalities.” The Grants may be used to (1) provide training for construction craft workers on the prevention of injuries and fatalities in highway and road construction; (2) develop guidelines for the prevention of highway work zone injuries and fatalities; and (3) conduct training for State and local government transportation agencies and other groups implementing guidelines for the prevention of highway work zone injuries and fatalities.

Section 1519 of MAP-21, Public Law 112-141, authorized funds to carry out safety-related activities, including “… work zone safety grants in accordance with subsections (a) and (b) of section 1409 of the SAFETEA–LU”.

Section 1417 of the FAST Act amended Section 1409 of SAFETEA-LU (23 U.S.C 401) to include “Development, updating, and delivery of training courses on guard rail installation, maintenance, and inspection.”

Section 1418, Consolidation of Programs, of Fixing America’s Surface Transportation (FAST)

Act, Public Law 114-94 amended Section 1519 (a), Consolidation of Programs, of Moving

Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, to authorize not less than $3.5 million from the Highway Safety Improvement Program for fiscal years 2016 through

2020 distributed among the following four activities: Operation Lifesaver, Work Zone and

Guardrail Safety Training, the National Work Zone Safety Information Clearinghouse, and the

Public Road Safety Clearinghouse.

Section 11124 of The Infrastructure Investment and Jobs Act of 2021 (Pub. L. 117-58) authorizes $3.5 million for each of Fiscal Years (FY) 2022 through 2026, to be set aside from the

Highway Safety Improvement Program, and to be distributed among activities identified in the

FAST Act.

3. BACKGROUND

The National Work Zone Safety Information Clearinghouse (hereby referred to as “the

Clearinghouse”) was created in response to direction provided under the National Highway

System Designation Act of 1995. The FHWA met the requirement through a Cooperative

Agreement between FHWA and American Road & Transportation Builders Association

(ARTBA) for the purpose of assembling and disseminating, by electronic and other means, information relating to improvement of roadway work zone safety. The Clearinghouse has assembled and disseminated information on roadway work zone safety "best practices," laws, regulations, public awareness campaigns, products, training and educational materials since it was launched in 1998. Under contract with the ARTBA, the Clearinghouse website is managed by the Texas Transportation Institute (TTI).

Federal support for the Clearinghouse originally ended in October 2000. Since then, ARTBA sought funding from other sources to maintain the facility and keep information contained in the databases up to date. However, federal support has since been revived, first within SAFETEA-

LU, again within the authorization, “Moving Ahead for Progress in the 21st Century Act” (MAP-

21), the FAST Act, and yet again under the IIJA Bill. Under IIJA , the FHWA expects ARTBA, together with TTI, to utilize current available information technologies to continue operating the

Clearinghouse in the efficient and effective manner that it is today, advancing work zone safety for the broad and diverse transportation community.

4. PROGRAM GOALS

The goals of this Agreement are to produce, collect, assemble, organize, and disseminate information relating to improvement of roadway work zone safety. This information includes but is not limited to roadway work zone safety "best practices," crash statistics and trends, laws, regulations, public awareness campaigns, products, training, and educational materials.

to products/training developed/delivered during previous work zone safety awards.

5. ADMINISTRATION GOALS

The FY 2022-2026 U.S. Department of Transportation Strategic Plan establishes USDOT’s strategic goals: safety, economic strength and global competitiveness, equity, climate and sustainability, transformation, and organizational excellence.1 While the main goal of this

1 FY 2022-26 USDOT Strategic Plan (https://www.transportation.gov/dot-strategic-plan) https://www.transportation.gov/dot-strategic-plan

NOFO is to advance highway work zone safety (by operating and maintaining the

Clearinghouse), applicants are encouraged to review the strategic plan and incorporate various objectives and strategies in their applications as appropriate. Applicants are also encouraged to review other DOT focus areas such as maintaining transportation facilities or systems in a state of good repair; workforce development; Rural Opportunities to Use Transportation for Economic

Success (ROUTES) initiative2; and advancing accessible transportation solutions.

Administration Goals:

Safety: The Department is committed to advancing safe, efficient transportation, including in the

Clearinghouse. The National Roadway Safety Strategy (NRSS), issued January 27, 2022, commits the Department to respond to the current crisis in roadway 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 roadway deaths through a Safe

System Approach.3 The outcomes that are anticipated from the projects funded by the 2023

National Work Zone Safety Information Clearinghouse should align with the NRSS.

Workforce Development: The Department intends to use the 2023 National Work Zone Safety

Information Clearinghouse to support the creation of good-paying jobs with high labor standards to build infrastructure that is resilient and that helps combat the crisis of climate change consistent with Executive Order 14052, Implementation of the Infrastructure Investment and

Jobs Act (86 FR 64335).

6. TASKS OR MILESTONES

The following tasks are required under this Agreement:

Task 1. Project Management

• Within two weeks of the effective date of the agreement, convene a Kick-off Meeting in person (or virtually as agreed upon by the parties) with the FHWA to ensure that all parties have a common understanding of the project tasks and requirements. Deliver notes from the Kick-off Meeting within two weeks of its occurrence.

• Once each month, conduct a conference call with FHWA to review the status of the

Clearinghouse. Prepare the agenda for the conference call and submit it at least one day before the call. The agenda should track progress for each of the tasks.

Task 2. Clearinghouse Assessment and Enhancements

• In coordination with FHWA, assess the website capabilities and develop other tools to enhance the work zone community outreach:

2 https://www.transportation.gov/rural

3 https://www.transportation.gov/NRSS https://www.transportation.gov/rural https://www.transportation.gov/NRSS o Determine the overall concept of a mobile App for use when Internet is not available.

o Increase use of interactive maps to share information, such as locations of work zones (if/when/where available).

o Use of interactive dashboard(s) to give users greater control over the data they seek (in addition to the way data is currently displayed).

o Facilitate push notifications, allowing users to select the frequency of updates when new materials are added to the website.

o Look for additional data sources to share, such as listings of the FHWA-funded university research programs that are developing safety programs.

o Other tools reviewed and approved by FHWA.

Task 3. Subject Matter Expert Review of the Clearinghouse Content

• In coordination with FHWA, establish a group of Subject Matter Experts (SMEs) that includes members representing federal and state departments of transportation, the transportation contracting and consulting communities, law enforcement communities, governmental organizations at all levels that own and operate roadways, utilities, nonprofit and not-for-profit organizations, and the traveling public.

• Within six months of the effective date of the agreement, discuss with FHWA and mutually agree on the scope of the assessment of the content of the Clearinghouse website.

• Conduct an assessment of the content of the Clearinghouse in coordination with the

SMEs. The assessment should document the SMEs experience with the

Clearinghouse, and any comments they have about the content, including recommended changes. Supplement the SME's input with other content enhancements identified by the project team and FHWA.

• Capture the results of the content assessment in the form of a Content Update Plan.

The Plan shall document areas in which the content will be enhanced and the time it would take to implement the content updates.

• Within nine months of the effective date of the agreement, submit the Content Update

Plan to FHWA for review and approval.

• Following FHWA approval, execute the Content Update Plan.

Task 4. Operate and Maintain the Clearinghouse

• Throughout the whole period of performance of the agreement, operate and maintain the Clearinghouse. In addition to keeping the website operational, provide technical assistance and respond to all inquiries and requests for information (inquiries and responses shall be included in the monthly updates/calls). Responses to policy related inquiries should be reviewed by FHWA.

• Every three months, capture website usage statistics and present those statistics during the appropriate monthly conference call.

• Upgrade the Clearinghouse social media presence by expanding and diversifying its content stream; focus on content management and delivery.

• Expand use of media outlets used by our stakeholders, including LinkedIn, YouTube, and Facebook.

• Look for industry events to which the Clearinghouse can “pin” its relevant products and services to expand their use and visibility.

• Look into cost and value of using digital marketing, such as Google, and target our services to likely users.

• Improve and maintain work zone safety and mobility data (e.g., at a glance; national and state traffic data; work zone traffic crash trends and statistics; workers fatalities and injuries at road construction sites; statistics and trends for large truck and buses, pedestrians, motorcycles, etc.) at least once every calendar year. Analyze National

Highway Traffic Safety Administration [NHTSA] Fatality Analysis Reporting

System (FARS) and Bureau of Labor Statistics (BLS) data and update work zone data in coordination with FHWA.

Task 5. Develop and Conduct Educational and Training Programs

• Develop an Outreach and Training Plan that captures the outreach and virtual training activities planned for the next twelve months, as well as other prospective activities that could take place beyond the first twelve months. The Plan should include, but not be limited to the following types of activities:

o Developing and distributing work zone management information and training materials to a wide range of audiences, including communities, schools, and other groups, in addition to transportation agencies and groups/organizations;

o Organizing and delivering quarterly webinars to share noteworthy practices on work zone management to advance the state of the practice;

o Distributing work zone management information at major national and regional professional conferences, including products from all of the Work

Zone Safety Grant grantees;

o Developing and distributing brochures on the Clearinghouse;

o Developing and distributing an email about once every three months (or more frequently if warranted) that highlights the latest changes to the Clearinghouse and other pertinent Work Zone Management materials;

o Planning, organizing, and hosting a biennial national work zone management conference (in-person and virtual in alternate years);

o Attending work zone management related professional conferences and meetings, such as TRB, ITE, APWA, ATSSA, NACE, and work zone worker safety and law enforcement organizations' annual conferences and promote

Work Zone Management materials developed by all the grantees; and

▪ Up to six major conferences per year.

o Promoting the Clearinghouse (up to two paid advertisements per year);

o Upgrading the Clearinghouse booth displayed at events and conferences, driving users to the website using quizzes and challenges.

▪ Notes:

• Instead of handing out hard copies of resources, use QR codes to direct interested parties to the website to access and obtain materials digitally.

• Use laptops/tablets at the booth and allow users to access the website while at the booth.

• Consider using “on demand” printing after initial product runs to reduce inventory and eliminate stockpiles of out-of-date publications.

Note: Any new materials referenced above that are developed as part of the Plan (e.g., brochures, articles) must be reviewed and approved by FHWA.

• Within six months of the effective date of the agreement, submit the Outreach and

Training Plan to FHWA for review and approval.

• Following FHWA approval of the Outreach and Training Plan, execute the plan.

Deliverables Schedule

Deliverable Schedule

Task 1. Conduct kick-off meeting Two weeks of the effective date of the agreement

Task 1. Deliver notes from kick-off meeting Two weeks after kick-off meeting

Task 1. Monthly calls, agenda, and updates Every month

Task 2. Assessment and potential tools Starts within 6 months of award

Task 3. Establish SME group Starts within 3 months of award

Task 3. Deliver Content Update Plan Complete within 9 months of award (update every 12 months)

Task 4a. Update work zone safety and mobility statistics and trends

Task 4b. Respond to inquiries and develop social media to promote the Clearinghouse resources

Ongoing

Task 5. Develop an Outreach and Training

Plan

Complete within 6 months of the effective date of the agreement (update every 12 months)

Note on 508 Compliance: Please note that all products and publications delivered under the anticipated award, including any information and documents hosted on the website for the

Clearinghouse itself, must meet the requirements of Section 508 of the Rehabilitation Act and the ICT Final Standards and Guidelines (508 Refresh) at 36 CFR Part 1194. This requirement does not extend to resources or information that might be linked through the Clearinghouse to an external website or source.

As defined in the 508 Refresh, at 36 CFR Part 1194, Appendix A, E103.4, ICT is “Information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT include but are not limited to: computers and peripheral equipment; information kiosks and transaction machines;

telecommunications equipment; customer premises equipment; multifunction office machines;

software; applications; Web sites; videos; and electronic documents.”

Section 508 requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments.

Applicable Standards:

• Appendix A to Part 1194 – Section 508 of the Rehabilitation Act: Application and

Scoping Requirements

• Appendix B to Part 1194 – Section 255 of the Communications Act: Application and

Scoping Requirements

• Appendix C to Part 1194 – Functional Performance Criteria and Technical Requirements

Section 508 Refresh standards are available at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh.

The Recipient shall adhere to the terms and requirements in FHWA Form 4260 Section 508

Information and Communication Technology (ICT) Conformance Criteria for Section 508 conformance. The Conformance Criteria document does not need to be completed when submitting a deliverable.

https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-c https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.fhwa.dot.gov/508/docs/form4260.pdf https://www.fhwa.dot.gov/508/docs/form4260.pdf

SECTION B – FEDERAL AWARD INFORMATION

1. FUNDING

FHWA anticipates up to $2.65 million in federal funding to be made available and awarding one (1) cooperative agreement from this opportunity.

*Please note that this NOFO is subject to availability of funding. The Government’s obligation under any resulting award is contingent upon the availability of funding. No legal liability on the part of the Government for any payment may arise until funds are available and obligated to an award. The Government reserves the right to make no awards under this NOFO.

2. ANTICIPATED NUMBER OF AWARDS

FHWA anticipates making one (1) award as a result of this NOFO.

3. TYPE OF AWARD

The planned award type is a cost-reimbursable Cooperative Agreement.

4. PERIOD OF PERFORMANCE

The period of performance for this Agreement will be 72 months from the effective date of the

Agreement.

The period of performance will begin on the effective date of the award, as stated in the signed cooperative agreement, and end on the period of performance end date that is listed in the signed agreement and as revised by any subsequent amendments.

5. DEGREE OF FEDERAL INVOLVEMENT

The FHWA anticipates substantial Federal involvement between FHWA and the Recipient during the course of these projects. this project. The anticipated Federal involvement may include:

1. Technical assistance and guidance to the Recipient;

2. Close monitoring of performance;

3. Involvement in technical decisions;

4. Participation in status meetings including kick off meeting, work zone management conferences, technical and budget reviews; and

5. Review and comment on draft and final documents as appropriate.

6. Provide final approval on deliverables and for major items on the website.

SECTION C – ELIGIBILITY INFORMATION

1. ELIGIBLE APPLICANTS

This is a sole source requirement with application eligibility limited to the American Road &

Transportation Builders Association (ARTBA).

2. COST SHARING OR MATCHING

Cost sharing or matching is required under this award.

Pursuant to 23 U.S.C. 120, the Federal share of this award will not exceed 80 percent of project costs. Therefore, the Recipient must contribute a minimum of 20 percent of the total project costs. The cost share can be satisfied with either cash or ‘in-kind’ contribution.

FHWA will not consider previously incurred costs or previously expended or encumbered funds towards the matching requirement for any project, unless otherwise approved by the AO. Any such approvals will be performed in accordance with 2 CFR Part 200, and any other applicable laws and regulations. Matching funds are subject to the same Federal requirements as awarded funds.

Cost sharing or matching means the portion of project costs not paid by Federal funds or contributions (unless otherwise authorized by Federal statute). See 2 CFR Part 200.306 on Cost

Sharing or matching.

Notes:

If applicable, any program income generated under the project must be handled in accordance with SECTION F.

https://www.govinfo.gov/content/pkg/USCODE-2021-title23/html/USCODE-2021-title23-chap1-sec120.htm

SECTION D – APPLICATION AND SUBMISSION INFORMATION

1. ADDRESS TO REQUEST APPLICATION PACKAGE

Applicants may obtain application forms at grants.gov under the Notice of Funding Opportunity

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

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:

Ryan.Buck@dot.gov

2. CONTENT AND FORM OF APPLICATION SUBMISSION

Application Format

• Applications must be prepared on 8½ x 11- inch paper. Pages that exceed this size, such as foldouts, are not allowable.

• Narrative text must be printed using a font size no less than 12-point font.

• Tables are permitted. Text in tables may be smaller than 12-point font but must be legible.

• Page margins must be a minimum of 1-inch top, bottom, and each side.

• Page numbers may be located within the 1-inch margin.

• A Header or Footer identifying the Applicant/Team and the Volume or Part, may be located within the 1-inch margins.

• Resumes are limited to [three pages per person].

• PAGE LIMITS: Application volumes shall adhere to the page count limitations listed below. The page limit incudes all narratives, figures, tables, appendices, and all other ancillary materials with the exception of the following.

• EXCEPTION ON PAGE LIMITS: The following items do NOT count against the page limitation.

• Document covers;

• Cover letters;

• Title pages;

• Divider pages;

• Table of contents;

• Lists of acronyms;

• Letters of intent to participate from proposed subcontractors, consultants, partners and proposed new hires; and

• Resumes.

Application Content – Overview

The application package must consist of the following parts:

1) Standard Forms (SF)

2) Volume 1 Technical Application / Project Narrative

3) Volume 2 Budget Application

Application Content – Detailed Instructions

1) Standard Forms (SF)

SF 424, SF-424A, and SF-LLL.

2) Volume 1 Technical Application / Project Narrative

NOTE: The Volume 1 Technical Application/Project Narrative must not exceed 50 pages double spaced pages. Resumes and Letters of Intent are excluded from the page count.

OPTIONAL: An Applicant may include, at their option, to facilitate displaying the organization of their application, a one-page cover page, and a second page to include both a

Table of Contents and/or a Listing of Tables/Figures. These pages are for orienting evaluators to the contents of the application package and will not be evaluated and are not included in the Volume I page limitation.

The application must include a program narrative statement that describes the technical and management approach. Describe in detail how you would proceed if awarded this agreement and how you propose to meet the program objectives, award activities, and the anticipated outcomes. Include a discussion on proposed outcomes, work products, and timeframes/timelines. If the proposed application is for a multi-year period of performance, include a detailed work plan for the first year and an outline work plan for each additional year.

The applicant’s technical and management approach must cover all years proposed.

The technical application includes following parts:

A. Project Abstract: Summarize the scope of work that would be completed under the award, including project goals and outcomes anticipated.

B. Project Description: Include a detailed description and scope of work including specific milestones. Provide a technical and management approach describing in detail how the Applicant proposes to carry out the work. Describe how the Applicant proposes to meet program goals listed in NOFO Section A. Identify project risks and how the Applicant proposes to address these risks. Identify proposed project performance measures and how they will be evaluated.

C. Project Outcomes: Include a detailed description of how the project advances one or more of the Administration goals described in NOFO Section A.

D. Project Team Information: Include detailed information about the proposed

Applicant team, including any partnerships or collaborations with other entities to deliver the project. The information should specifically describe the role of each entity in delivering the project. Provide a staffing approach to perform the work, including names and positions of key personal. Provide an organizational chart identifying proposed staff members assigned to this effort. The chart must be supported with narrative text to include the title and a brief description of each position’s responsibilities, as well as the proposed level of effort and allocation of time (percent in relation to their other duties) for each position on a yearly basis and in summary format. The level of effort may be displayed (single spaced) in a table format. One table can be presented if the level of effort will be constant over all years, and the table is annotated as such. The hours in this table must be consistent with the information presented in the Budget Volume.

E. Project Schedule: Include detailed information about the project schedule that identifies all major project milestones and, if applicable, requires submittals.

F. Resumes: Provide resumes of key personnel and staff with significant roles, from both the prime Applicant and team members/subrecipient/sub/contractors, as necessary.

G. Letters of Intent to Participate: Provide a letter of intent or commitment from each proposed sub-recipient/subcontractor. This includes any sub-recipient/subcontractor that will be included in the Federal share, the non-Federal share or in a non-paid

(volunteer) capacity. Provide a letter of intent to participate from significant team members as the Applicant deems necessary.

3) Volume 2 Budget Application

NOTE: If needed, the FHWA may request additional budget information to clarify an application. FHWA encourages Applicants to submit the most relevant and complete information they can provide.

A. Budget Tables: Provide a separate detailed budget table for each year and summarize the information for all years for all activities. Clearly show Federal share; Non-

Federal share; and Total. Spreadsheets can be formatted similarly to the format in

DOT Form 4220.44, located at: 4220_44.xls (dot.gov). NOTE: Profit/fee is not allowable for the prime Recipient.

Budget tables must include the following cost elements as applicable to the project:

https://www.fhwa.dot.gov/cfo/pdf/frm4220_44.pdf

Labor Rates: Direct labor-by-labor categories to include hours, rates and escalation. The labor rates and annual direct labor escalations rate and its basis must be in accordance with 2 CFR 200.430.

Indirect Rates: Provide your organization’s signed current approved indirect cost rate from the cognizant Federal agency or letter of request to cognizant agency for rate establishment or adjustment. Indirect costs rates must be established according to 2 CFR

200.414. NOTE: Per 2 CFR 200.414(f), Indirect (F&A) Costs, any Applicant that does not have a current negotiated (including provisional) rate, except for those non-Federal entities described in 2 CFR Part 200 appendix VII, paragraph D.1.b may elect to propose a de minimis indirect rate of 10 percent of modified total direct costs.

Other Direct Costs: Applicants must provide a breakout and justification of Other Direct

Costs by Category (travel, equipment, etc.). Direct costs must be in accordance with 2

CFR Part 200 Subpart E (Cost Principals).

Subcontractors/sub-recipients: If subcontractors/sub-recipients (lower-tiered organizations and/or individual consultants) will be used in carrying out this project, the following minimum information concerning such, must be furnished:

1) Name and address of the organization or consultant.

2) Description of the portion of work to be conducted by the organization or consultant.

3) Cost details for that portion of work.

4) Applicant’s cost/price analysis of each sub-recipient/contractor(s) showing how their price is fair and reasonable (this includes any sub-recipient/contractor(s) that will be included in the Federal share or the non-

Federal share).

5) Provide detail and support for cost share as part of overall project budget.

6) Clearly delineate cost share match versus Federal share.

B. Other Business Information: Provide the following information relative to the

PRIME APPLICANT.

1) Identify any exceptions to the anticipated award terms and conditions as contained in

Section F, Federal Award Administration Information.

2) Identify any preexisting intellectual property that the Applicant anticipates using during award performance, and your position on its data rights during and after the award period of performance.

3) Applicant SAM Unique Entity Identifier (UEI).

4) A statement to indicate whether the Applicant has previously completed an A-133

Single Audit and, if so, the date that the last A-133 Single Audit was completed.

5) A statement regarding Conflicts of Interest. The Applicant must disclose in writing any actual or potential personal or organizational conflict of interest in its application that describes in a concise manner all past, present or planned organizational, contractual or other interest(s), which may affect the Applicants' ability to perform the proposed contract in an impartial and objective manner. Actual or potential conflicts of interest may include but are not limited to any past, present or planned contractual, financial, or other relationships, obligations, commitments or responsibilities, which may bias the Applicant or affect the Applicant’s ability to perform the project in an impartial and objective manner. The FHWA will review the statement(s) and may require additional relevant information from the Applicant. All such information, and any other relevant information known to FHWA, will be used to determine whether an award to the Applicant may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, the FHWA may (a) disqualify the Applicant, or (b) determine that it is otherwise in the best interest of the Government to contract with the Applicant and include appropriate provisions to mitigate or avoid such conflict in the award pursuant to 2 CFR 200.112.

6) A statement to indicate whether a Federal or State organization has audited or reviewed the Applicant’s accounting system, purchasing system, and/or property control system. If such systems have been reviewed, provide summary information of the audit/review results to include as applicable summary letter or agreement, date of audit/review, Federal or State point of contact for such review.

7) Terminated Contracts. List any contract/agreement that was awarded to the prime

Applicant then later terminated for convenience of the Government within the past 3 years, and any contract/agreement that was terminated for default within the past 5 years. Briefly explain the circumstances in each instance.

8) Describe how the Applicant will obtain the necessary resources to fund and fulfill the proposed cost share, as applicable.

9) The Applicant is directed to review Title 2 CFR Part 170 (http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl) dated November

12, 2020, and Appendix A thereto, and acknowledge in its application that it understands the requirement, has the necessary processes and systems in place, and is prepared to fully comply with the reporting described in the term if it receives funding resulting from this NOFO. The text of Appendix A will be incorporated in the award document as a General Term and Condition as referenced under this

NOFO’s Section F, Federal Award Administration Information.

10) Disclose any violations of Federal criminal law involving fraud, bribery, or gratuity violations. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.339 entitled Remedies for Noncompliance, including suspension or debarment. (See also 2 CFR Part 180 and 31 U.S.C. 3321).

11) If a nonprofit or not-for-profit status, please provide evidence of this status preferably http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl from the Internal Revenue Service.

12) Acknowledgement of acceptance of the NOFO terms and acknowledgement and acceptance of any Amendments issued to this NOFO. List Amendment numbers and issue dates, if any.

3. UNIQUE ENTITY IDENTIFIER AND SYSTEM FOR AWARD (SAM)

Each Applicant is required to:

a. Have an active registration in SAM.gov at the time the Applicant submits an application;

b. Provide a valid UEI in their application; and

c. Continue to maintain an active SAM registration with current information at all times during which the Applicant has an active Federal award or an application or plan under consideration by a Federal awarding agency.

FHWA may not make a Federal award to an Applicant until the Applicant has complied with all applicable UEI and SAM requirements. If an Applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the

Federal awarding agency may determine that the Applicant is not eligible to receive a Federal award and use that determination as a basis for making a Federal award to another Applicant.

NOTE TO APPLICANTS: The SAM requires the registrant to provide a UEI number to complete the registration. These processes can take several weeks to complete so should be started well before the application deadline.

4. SUBMISSION DATES AND TIMES

The application must be received electronically through www.grants.gov by the application due date/time listed on page 1 of this NOFO (or as updated by a NOFO Amendment, if applicable).

The due date/time is the date and time by which FHWA must receive the full and completed application, including all required sections.

For the submitted application package, FHWA suggests that pictures, graphics, and other large files be reduced in number and quality to keep the size of the files of the application manageable and in line with the Grants.gov maximum size of 200 megabytes for the entire grant application package.

A late application will not be reviewed or considered unless the AO determines that doing so is in FHWA’s best interest. The FHWA will not consider late applications that are the result of failure to register or comply with Grants.gov applicant requirements in a timely manner.

If Applicants are unable to use the system due to verifiable technical difficulties, Applicants must email complete applications directly to the FHWA point of contact listed in the NOFO

Section G no later than the NOFO application deadline cited herein, with explanation of the technical issue experienced and supporting documents regarding the nature of the technical difficulties. For instance, provide screen capture(s) of the technical issues experienced along with corresponding Grants.gov “Grant tracking number.” If you are experiencing difficulties with your submission, it is best to contact the Grants.gov Support Center and get a ticket number. Provide the Grants.gov Help Desk Tracking Number since it will assist FHWA with tracking your issue and understanding background information on the system issue in the event of a late application. If the reported technical issues cannot be validated, late applications may be rejected as untimely.

GRANTS.GOV: Applicants must follow the instructions on Grants.gov to successfully use the website to submit an application. Use of Grants.gov may entail the following steps for those setting up new accounts or first-time users.

a. Register with SAM at www.SAM.gov

b. Obtain a valid UEI;

c. Create a Grants.gov account; and

d. Respond to the registration email sent to the E-Business Point of Contact from

Grants.gov, and login at Grants.gov to authorize the Applicant as the Authorized

Organization Representative (AOR). Please note that there can be more than one

AOR for an organization.

**Please note that the Grants.gov registration process may take two to four weeks.

GRANTS.GOV HELP: For Grants.gov training resources, including video tutorials, refer to: Home | GRANTS.GOV. For assistance with Grants.gov registration and application submittal, refer to the Grants.gov Support Center: Support | GRANTS.GOV.

5. INTERGOVERNMENTAL REVIEW

An application under this Notice of Funding Opportunity is not subject to the State review under

E.O. 12372.

6. FUNDING RESTRICTIONS

The FHWA will not reimburse any pre-award costs or application preparation costs under this proposed award.

7. OTHER SUBMISSION REQUIREMENTS

In the event of system problems or technical difficulties with the application submittal, Applicants should contact the FHWA point of contact designated on page 1. If Applicants are unable to use the system due to technical difficulties, Applicants must e-mail applications to the

FHWA point of contact listed on page 1 no later than the application deadline cited above.

http://www.sam.gov/ https://www.grants.gov/ https://www.grants.gov/support.html

C.

Protection of Confidential Business Information

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

SECTION E – APPLICATION REVIEW INFORMATION

1. CRITERIA

The Government will evaluate applications on following criteria:

The Government will evaluate applications against the following evaluation criteria, considered of equal importance. These criteria are distinct from eligibility criteria (see Section C) that are addressed before an application is accepted for review.

FHWA will evaluate the applications against the following evaluation criteria listed below.

1. TECHNICAL MERIT:

a. Adequacy of the technical and management approach and likelihood of successful achievement of program objectives.

b. Demonstrated understanding of the needs and challenges relating to the program.

c. Adequacy of the staffing approach and qualifications of the proposed staff, including the Program Manager and other team members’ knowledge and relevant experience in completing the proposed tasks.

2. COST:

a. Determination whether the required matching funds and supporting detail for these funds are adequate.

b. Degree to which budget applications represent costs that are realistic, reasonable, and commensurate with the applicant’s technical application, as well as the degree to which they confirm to applicable cost principles.

c. Funding availability will also be considered in the award decision. This evaluation factor will not be rated but will be considered in the award selection.

1. REVIEW AND SELECTION PROCESS

The DOT will utilize the following merit review process to evaluate applications:

• A panel of DOT experts will collectively evaluate and rate all eligible applications using the selection criteria listed above. The panel will then collectively assign an adjectival rating of Acceptable or Unacceptable. Should an application receive a rating of

Unacceptable, FHWA reserves the right to conduct discussions with that applicant in order to address deficiencies and other weaknesses or risks in the application.

• Agency personnel from the FHWA Office of Acquisition and Grants Management will evaluate the cost criteria listed above and conduct a risk assessment of the

Applicant organization prior to award as described below.

• As determined necessary to support the evaluation and selection process, FHWA may conduct discussions with Applicants to clarify elements of the technical and budget applications and request additional detailed and itemized cost information.

The FHWA may, during the selection process, enter into discussions with an applicant that may include mutually agreeing upon a lesser amount of a potential award than originally requested in the application if necessary due to the quantity, size and scope of the applications received in response to this notice and the results of the application review process.

• The Government will accept the application that is considered the most advantageous to the Government using the criteria cited above, and subject to the results of an applicant risk assessment. Applications selected for possible award using the criteria cited above will undergo an assessment of the risk posed by the applicant organization, as defined below, prior to award. The Government reserves the right to not make an award to an Applicant based on the results of the applicant risk assessment.

The selection official responsible for final award decisions is the Agreement Officer, FHWA

Office of Acquisition and Grants Management. The Government is not obligated to make any award as a result of this notice.

Applicant Risk Assessment: Prior to award, each selected Applicant will be subject to a risk assessment required by 2 CFR 200.206. If the Federal awarding Agency determines that a

Federal award will be made, special conditions that correspond to the degree of risk assessed may be applied to the Federal award.

This Risk Assessment will include evaluation of some or all of the following items relative to the Applicant and sub-applicants as applicable:

(1) Applicant’s financial stability;

(2) Applicant’s quality of management systems and ability to meet the management standards prescribed in 2 CFR Part 200;

(3) Applicant’s history of performance;

Note: History of performance includes the Applicant's record in managing

Federal awards, if it is a prior Recipient of Federal awards, including timeliness of compliance with applicable reporting requirements, conformance to the terms and conditions of previous Federal awards, and if applicable, the extent to which any previously awarded amounts will be expended prior to future awards. The

Government will evaluate the relevant merits of the Applicant’s history of performance based on its reputation and record with its current and former customers with respect to quality, timeliness and cost control. The history of performance will be reviewed to assure that the Applicant has relevant and successful experience and will be considered in the risk assessment. In evaluating history of performance, the Government may consider both written information provided in the application, as well as any other information available to the Government through outside sources.

(4) Applicant’s audit reports and findings from audits performed on the

Applicant pursuant to 2 CFR Part 200 Subpart F — Audit Requirements or the reports and findings of any other available audits;

(5) Applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on non-Federal entities;

(6) Applicant’s potential for conflict of interest if…