RTEPF final NOFO_AMD_01_Redlined.docx

Notice of Funding Opportunity Reduction of Truck Emissions at Port Facilities Competitive Grant Program Amendment No. 01 Application Opening Date: May 19, 2026 Application Closing Date: June 1922, 2026

Fiscal Years 2024 through 2026 Notice of Funding Opportunity

Reduction of Truck Emissions at Port Facilities Competitive Grant Program Federal Highway Administration U.S. Department of Transportation

Table of Contents

A. BASIC INFORMATION

The applicant should read this notice in its entirety for the information necessary to submit eligible and competitive applications.

Funding Opportunity Title

Reduction of Truck Emissions at Port Facilities Competitive Grant Program (RTEPF)

Announcement Type

This is the second Notice of Funding Opportunity (NOFO) for this program.

Funding Details

This NOFO will award up to $150 million in Federal funding to eligible entities to reduce idling and emissions at port facilities, including through the advancement of port electrification. The $150 million represents the combined amounts authorized for this program for Fiscal Years (FYs) 2024, 2025, and 2026. FHWA may also award any remaining and available funds from FY 2023 under this opportunity.

The actual amount available to be awarded under this notice will be subject to the availability of funds. There is no minimum or maximum award amount for the RTEPF Competitive Grant Program awards.

Key Dates

Application Due Date: 06/2219/2025 at 11:59:59 PM ET.

Anticipated Selection Announcement: Summer 2026

Executive Summary

The RTEPF Competitive Grant Program derives from the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58, Nov. 15, 2021) Section 11402.

The RTEPF Competitive Grant Program provides funding to test, evaluate, and deploy projects that reduce port-related emissions from idling trucks through improvements in efficiency, focusing on port operations[footnoteRef:2], including heavy-duty commercial vehicles, and other related projects. [2: Operational improvements funded under this program must meet the eligibility requirement as defined in 23 United States Code (U.S.C.) 101(a)(19). ]

Eligible applicants for RTEPF Competitive Grant Program funds are entities that:

1) have authority over, operate, or utilize port facilities or intermodal port transfer facilities;

2) have authority over areas within or adjacent to ports and intermodal port transfer facilities; or

3) will test or evaluate technologies that reduce truck emissions at port facilities or intermodal port transfer facilities.

RTEPF requires a minimum non-Federal cost share of 20 percent. Applications that do not provide at least the minimum non-Federal cost share will be classified as ineligible.

Agency Contact Information

U.S. Department of Transportation (DOT) Federal Highway Administration Office of Operations 1200 New Jersey Avenue, S.E.

Mail Drop: W55-213 Washington, D.C. 20590 Attn: Chip Millard Email: RTEPF@dot.gov

Changes from Prior NOFO

· Removed references to rescinded executive orders (E.O.);

· Aligned NOFO with new E.O.s;

· Updated application evaluation criteria; and

· Simplified and aligned with 2 Code of Federal Regulations (CFR) Part 200 criteria.

B. ELIGIBILITY

1. ELIGIBLE APPLICANTS

See Section A for a complete and specific list of entity types eligible to apply.

Multiple eligible entities submitting a joint application should identify a lead applicant as the primary point of contact (POC) and recipient for purposes of financial administration of the project. Joint applications should include a description of the roles and responsibilities of each applicant and should be signed by each applicant.

For both individual applications and joint applications, it is strongly encouraged that the applicant responsible for financial administration of the project be familiar with the requirements associated with managing Federal assistance projects.

2. ADDITIONAL RESTRICTIONS ON ELIGIBILITY

Project Locations Eligible project locations for deployment projects using RTEPF Competitive Grant Program funds include areas within or adjacent to ports and intermodal port transfer facilities. Testing and evaluation projects can be conducted anywhere but must be focused on reducing truck emissions within or adjacent to ports and intermodal port transfer facilities. For purposes of the RTEPF Competitive Grant Program, the term “port” means (i) any port on the navigable waters of the United States and (ii) any harbor, marine terminal, or other shore side facility used principally for the movement of goods on inland waters (including the Great Lakes). Intermodal port transfer facilities are facilities that handle the transfer of freight shipments between two or more modes of transportation. The goods at intermodal port transfer facilities are transported via shipping containers, truck trailers, or as bulk cargo, and are transferred between trucks, marine vessels, rail cars, or rail cars and trucks.

3. COST SHARING

See Section A for applications that do not provide at least the minimum non-Federal cost share of 20 percent will be determined ineligible.

Non-Federal sources of income include State funds originating from programs funded by State revenue or local revenue funding programs, or private funds. FHWA will not consider previously incurred costs or previously expended or encumbered funds toward the matching requirements for any project. Additional information on non-Federal matching requirements can be found at: https://www.transportation.gov/grants/dot-navigator/understanding-non-federal-match-requirements.

4. OTHER

Applications determined to be late, duplicates of applications submitted for the same round of applications, or incomplete may be disqualified.

5. APPLICATION LIMIT

There are no limitations on the number of applications an applicant may submit. If submitting more than one application, indicate the funding priority of each application on the application cover page. FHWA is not required to consider the applicant’s funding priority when making selections.

C. PROGRAM DESCRIPTION

1. PROGRAM PURPOSE

The RTEPF Competitive Grant Program funds projects that reduce port-related emissions from idling trucks.

2. PROGRAM GOALS AND ADMINISTRATION PRIORITIES

The goal of the RTEPF Program is to reduce truck idling at port facilities by providing funding to test, evaluate, and deploy projects that reduce port-related emissions from idling trucks, including through the advancement of port electrification and improvements in efficiency, focusing on port operations, including heavy-duty commercial vehicles, and other related projects IIJA Section 11402 (a)(1)(C)).

The program goal can be achieved through, though is not restricted to, one or more of the following means:

· Promoting development of port-related infrastructure that reduces emissions from port-related truck idling, which can include truck parking;

· Promoting development of on-truck technologies that reduce emissions from port-related truck idling;

· Reducing truck congestion within or adjacent to ports, which can include promoting enhanced rail intermodal connections or grade separation at ports; and

· Other projects that reduce port-related emissions from idling trucks, including improvements in efficiency focusing on port operations.

The Department seeks to fund projects that advance the priorities of the Trump Administration as described in DOT’s mission statement and across E.O.’s. The Department intends to apply principles from DOT Order 2100.7, (Ensuring Reliance Upon Sound Economic Analysis in DOT’s Policies, Programs and Activities) when evaluating applications and making award selections. Such principles include maximizing to the extent practicable, relevant, appropriate, and consistent with law, benefits for families and communities. These benefits may include, but are not limited to, economic opportunities, increased access to jobs, commercial activities or any project components that will help alleviate poverty, enhance safety, and primarily benefit families and communities by improving the quality of their lives, raising their standard of living, or enabling them to participate more fully in our economy. The Department also intends to prioritize projects that avoid, to the extent practicable, adverse impacts on families and communities. Adverse impacts may include, but are not limited to, a reduction in transportation services, increased difficulty in raising children in a safe and stable environment, and disruption of community cohesion, safety, or economic vitality.

Section F of this NOFO describes the process for selecting projects that further the goals, objectives and priorities for this program. Section H describes progress and performance reporting requirements for selected projects, including the relationship between reporting and the program’s selection criteria.

3. PROGRAM AUTHORIZATION AND FUNDING

Section 11402 of IIJA established the RTEPF Competitive Grant Program to reduce idling at port facilities.

Funds made available under this program shall be administered as if apportioned under Chapter 1 of Title 23, U.S.C. Notwithstanding any other provision of law, any project funded by a grant under this program shall be treated as a project on a Federal-aid highway under Chapter 1 of Title 23, U.S.C.

This NOFO includes funding of approximately $150 million from FYs 2024 through 2026, plus any funding that may remain available from FY 2023.

Funds for RTEPF originate from both the Highway Trust Fund and Advanced Appropriations (General Funds). Both funding sources have an obligation deadline based on their fiscal year as shown below. Only projects funded with General Funds have an expenditure deadline, which is based on their FY. After this date, unliquidated funds are no longer available to the project. FHWA will award funding with this in mind, as disclosed in Section F.

(if available)

* The Consolidated Appropriations Act, 2026 (Pub. L. 119-75), repurposed $90 million of RTEPF general funds from amounts previously appropriated for FYs 2024, 2025, and 2026.

The total period of performance for the award(s) is anticipated to be between 1 and 4 years.

Please note, this NOFO is subject to the availability of funding. The Government’s obligation under any resulting award is contingent upon the availability of funding. There is no legal liability on the part of the Government for any payment that may arise until funds are available and obligated to an award. DOT is not obligated to make any award as a result of this notice.

4. AWARD SIZE

There is no minimum or maximum award amount for RTEPF Competitive Grant Program awards.

5. TYPE OF AWARD

The anticipated award(s) will be cost-reimbursable grant agreements.

6. PERFORMANCE GOALS

See Section H for details on performance reporting requirements and goals.

7. BUY AMERICA REQUIREMENTS

For projects subject to FHWA’s Buy America and the Build America, Buy America Act (BABA) requirements, applicants shall provide information on key items anticipated to be purchased under the program and any related domestic sourcing concerns based on market research. See Section H of this NOFO for additional detail. Applicants can also refer to the FHWA Construction Program Guide for more information about addressing FHWA’s Buy America and BABA requirements.

D. APPLICATION CONTENT AND FORMAT

1. APPLICATION FORMAT

All applications must be submitted electronically through Grants.gov. Application files should be single-spaced, 12-point standard font (e.g., Times New Roman). Files should be in PDF unless otherwise specified (e.g., forms and location files such as Shapefile or KML/KMZ).

DOT recommends applicants use a file naming format of: “[Applicant organization#]-2026-RTEPF” where “Applicant organization” reflects the applicant’s legal name, abbreviated as appropriate, and where “#” represents the order of applicant priority for the grant, if more than one application is submitted. If necessary, the workspace title can be edited per the instructions on Grants.gov.

The application package must consist of the following in this order.

Table 4.1 – Application Contents

IV – Application Standard Forms (SF)

· Required for All Projects: SF-424, SF-LLL

· Required for Non-Construction Projects: SF-424A, SF-424B

· Required for Construction Projects: SF-424C, SF-424D Separate files, no page limit

Material exceeding the page limits will not be evaluated.

This NOFO contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA). This information collection has been approved by the Office of Management and Budget (OMB) under 2125-0673. The use of SFs 424, 424A, 424C, 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 PRA, unless the collection displays a currently valid OMB control number.

2. APPLICATION CONTENT

Section I – Cover Page and Table of Contents

Provide a cover Page, including the following Table:

Project Name

Eligible Entity Applying to Receive Federal Funding

If Yes, Project Component:

State(s) in which the project is located

Is the project currently programmed in the:

· Transportation Improvement Program

· Statewide Transportation Improvement Program

· Metropolitan Planning Organization Long Range Transportation Plan

· State Long Range Transportation Plan

· State Freight Plan Yes/No – please specify in which plans the project is currently programmed

Include a table of contents for the Application.

Section II – Project Narrative

DOT recommends the Project Narrative, at a minimum, provide the information listed below. Include any appropriate exhibits or attachments that aid in the review and assessment of the application. All exhibits and attachments must clearly identify what technical area of the project narrative the document supports.

1. Name/Title of proposed project.

2. Entity: Provide the name of the entity acting as the lead applicant, and the name(s) of any entities partnering with the lead applicant. Joint applications should include a description of the roles and responsibilities of each applicant and should be signed by each applicant

3. Project Abstract: A short (50-70 words) summary of the proposed project at the beginning of the Project Narrative section, including a description of the emission-reduction elements of the project.

4. Project Eligibility: Describe how the project will test, evaluate, or deploy projects that reduce port-related emissions from idling trucks, including through the advancement of port electrification, and improvements in efficiency, focusing on port operations, including heavy-duty commercial vehicles, and other related projects. (IIJA Section 11402(a)(1)(C)).

5. Project Description: Provide a detailed statement of work proposed for funding. Include a description of the port or geographic area or jurisdiction the project would service or address. For technology testing and evaluation projects, provide information regarding what data will be collected and how it will be collected. Include whether the project would test, evaluate, or deploy activities within an U.S. Environmental Protection Agency (EPA) designated non-attainment or maintenance area for air quality. Also, describe the real-world issues and challenges to be addressed by the funded project.

6. Deployment Plan: For testing and evaluation applications, provide a deployment plan or strategy. For a deployment application, explain how the applicant plans to maintain and operate the deployed technology after completion of the project.

7. Merit Criteria: Within this section of the application, respond to the merit criteria as described in Section F.

8. Readiness Assessment: Within this section of the application, respond to the readiness criteria as described in Section F. Readiness criteria include technical feasibility, permitting risk, and financial completeness. This section of the application may also refer to the budget section of the application for additional information on financial completeness.

9. Priority Considerations: Within this section of the application, respond to the merit criteria as described in Section F

Cost Share: The applicant shall provide evidence that funding has been identified to cover the 20 percent non-Federal cost-share (match) requirement for the project. The applicant should include letters of commitment from organizations providing a portion of the cost-share and identify the source of those funds (e.g., general treasury funds, revolving loan fund, capital budget, in-kind labor, in-kind equipment, etc.).

Section III - Budget

The applicant shall provide a summary budget narrative describing all planned project costs (i.e., direct labor, travel, equipment, supplies, contractual, construction) and how these planned costs are connected to the project scope.

The applicant shall also provide a summary budget table that provides estimated costs across project components or tasks, and across all years of the project. The summary budget table should represent the total cost of the project, inclusive of both the Federal share and the required matching non-Federal cost share. This budget must list the amount and percent of both the Federal funding requested and any additional non-Federal funds, if any, that will be used to pay for the project.

Project budgets should show how different funding sources will share in each activity and present the data in dollars and percentages. The budget should identify other Federal funds, including from other discretionary grant programs, the applicant is applying for, has been awarded, or intends to use. Funding sources should be grouped into three categories: non-Federal, current application RTEPF Competitive Grant Program, and other Federal with specific amounts for each funding source.

Applicants are encouraged to identify scaled funding options in case insufficient funding is available to fund a project at the full requested amount. If an application states a project scope is scalable, the applicant must provide an appropriate minimum funding amount that will fund an eligible project while achieving the objectives of the program and meeting all relevant program requirements. The applicant must provide a clear explanation of how the project budget would be affected by a reduced award. DOT may award a lesser amount whether or not a scalable option is provided.

Section IV – Application Standard Forms

Table 4.1 contains the list of required SFs. All mandatory SFs of the 424 family are available for download at: https://www.grants.gov/forms/forms-repository/sf-424-mandatory-family

For more information on SFs, please see: Standard Forms | FHWA.

3. SHARING OF APPLICATION INFORMATION

The Department may share application information within the Department or with other Federal Agencies if the Department determines sharing is relevant to the respective program’s objectives.

For information on confidential business information please see: Sharing of Application Information | FHWA.

E. SUBMISSION REQUIREMENTS AND DEADLINE

1. ADDRESS TO REQUEST APPLICATION PACKAGE

Applicants may obtain application forms on Grants.gov under NOFO number cited herein.

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

· Opportunity Number: FHWA-RTEP-24-001

· Opportunity Name: Reduction of Truck Emissions at Port Facilities Competitive Grant Program

· Assistance Listing Number: 20.286

Select the opportunity choice, 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 a RTEPF Competitive Grant Program application. The applicant must complete and submit all forms included in the application package for this notice as contained at Grants.gov.

Should applicants have any difficulties in accessing any SFs and require paper copies, please contact the Agency Contact provided in Section A of this NOFO.

2. UNIQUE ENTITY IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT

Each applicant must:

· Be registered in the System for Award Management (SAM) at SAM.gov before submitting its application;

· Provide a valid Unique Entity Identifier in its application; and

· Continue to maintain an active registration in SAM.gov with current information at all times during which it has an active Federal award or an application under consideration by a Federal Agency.

· Please note the SAM registration process takes several weeks to complete.

Failure to register for SAM or comply with Grants.gov applicant requirements in a timely manner will not be considered for exceptions to the submission requirements and deadline.

3. SUBMISSION INSTRUCTIONS

All applications must be submitted electronically through Grants.gov. The Department does not accept applications via mail, fax machine, email, or other means. Additional resources on applying through Grants.gov can be found at https://www.grants.gov/applicants.

4. SUBMISSION DEADLINE

FYs 2024 through 2026 RTEPF Competitive Grant Program applications must be submitted through Grants.gov by 11:59:59 PM ET on June 2219, 2026. Grants.gov attaches a time stamp to each application at the time submission is complete.

5. CONSIDERATION OF APPLICATIONS

Only applicants who comply with all submission deadlines described in this notice and electronically submit valid, applications through Grants.gov will be eligible for evaluation and possible selection for award.

FHWA may but is not required to reach back to applicants for the purpose of clarifying application information.

6. SUBMISSION ISSUES

For information on submission issues and more information on late applications, please see: Submission Issues | FHWA.

7. INTERGOVERNMENTAL REVIEW

This program is not subject to E.O. 12372, Intergovernmental Review of Federal Programs.

F. APPLICATION REVIEW INFORMATION

1. MERIT CRITERIA

FHWA will evaluate applications submitted in response to this notice using the following merit criteria: Reduction of Emissions at Ports, Innovation, and Reinvesting in the American Family. For each merit criteria and based on the application, FHWA will assign a rating of “highly responsive”, “responsive”, or “non-responsive”, as described below.

Merit Criterion 1: Reduction of Emissions at Ports

Applicants should describe how their project would reduce emissions from port-related truck idling. For testing or evaluation projects, applicants should explain how the project would examine and measure emission reductions. Both deployment and testing or evaluation projects can discuss how they will promote the development or use of on-truck technologies that reduce emissions, reduce truck congestion within or adjacent to ports, promote low emissions powertrains or fuels on trucks, or other means that will reduce truck emissions at ports and intermodal port transfer facilities.

The application should specify what the current or pre-project emissions levels are for each of the four criteria pollutants/precursors (carbon monoxide, nitrogen dioxide, ozone, and particulate matter, both PM10 and PM2.5) in kilograms per day so the projected emissions reductions achieved by the proposed project can be compared to baseline emissions levels. The application should also clearly indicate what emissions calculation tools/methods and data source(s) are being used to measure the reduction of the four criteria pollutants. Applicants are encouraged, though not required to use, the EPA MOVES model when calculating the emissions reductions achieved by their proposed project.

Criterion 1

Reduction of Emissions at Ports for four criteria pollutants/ precursors (carbon monoxide, nitrogen dioxide, ozone, and particulate matter, both PM10 and PM2.5) For deployment projects, the application provides quantitative information to demonstrate the project would have an emission reduction for at least three of the four criteria pollutants or their precursors.

For projects that will test or evaluate emission reduction strategies, the proposed testing or evaluation plan would be designed to reduce at least three of the four criteria pollutants; would have results that could inform future projects or could be applied to an existing project at port or intermodal transport facilities; AND would produce quantifiable results.

For deployment projects the application provides qualitative information on emissions reductions and quantitative information demonstrating emissions reductions for at least one of the four criteria pollutants.

For projects that will test or evaluate emission reduction strategies, the proposed testing or evaluation plan would be designed to reduce at least one of the four criteria pollutants; would have results that could inform future projects or could be applied to an existing project at port or intermodal transport facilities; OR would produce quantifiable results.

The applicant does not address this criterion.

Merit Criterion 2: Innovation

Applicants should describe how their project would usher in the golden age of transportation through American innovation. The project should use technology to support more efficient operating practices and create opportunities to develop and conduct responsible early deployments of innovative and emerging transportation technologies, focusing on port operations and heavy-duty commercial vehicles.

Criterion 2:

Innovation

The application describes early deployments of innovative and emerging transportation technologies for port operations, and provides verifiable evidence the innovation would result in emissions reductions.

For projects that will test or evaluate emission reduction strategies, the proposed testing or evaluation plan investigates new, not previously tested strategies for the reduction of truck emissions at ports.

The application describes early deployments of innovative and emerging transportation technologies for port operations, but does not clearly demonstrate with verifiable evidence the innovation would result in emissions reductions.

For projects that will test or evaluate emission reduction strategies, the proposed testing or evaluation plan evaluates the application of strategies used in other industries or settings towards application at ports.

The applicant does not address this criterion.

Merit Criterion 3: Reinvesting in the American Family

FHWA will assess how the project would improve the quality of life and travel experience for American Families. When rating this criterion, FHWA will consider the following:

Criterion 3: Reinvesting in the American Family Elements. The project:

a. will improve operations and reduce congestion near port entrances, benefitting nearby communities;

b. demonstrates a benefit to American Families through port efficiencies;

c. provides increased access to jobs,

d. reduces port truck idling emissions in nearby neighborhoods, schools, parks and recreation areas, or;

e. has or will engage American families and local communities in shaping the project through outreach.

Merit Criteria Ratings

Based on the assessment described above, FHWA will assign a merit criteria rating of Highly Responsive, Responsive, or Not Responsive to each eligible application received, according to the following table:

2. PROJECT READINESS ASSESSMENT

To assess the likelihood of a successful project, FHWA will consider project readiness for Highly Responsive and Responsive applications. FHWA will use information contained throughout the application to complete the readiness assessment.

For the readiness analysis, FHWA will consider three evaluation ratings: Technical Assessment, Financial Completeness, and Permitting Risk. FHWA will use information from the Readiness Assessment portion of the application as well as information contained throughout the application to complete the readiness assessment. The ratings for each project readiness assessment criteria will also be assigned a numerical label. These numerical labels will be used at the conclusion of the project readiness assessment to assign the application an overall readiness rating.

Readiness: Technical Assessment

The Technical Assessment will evaluate the applicant’s capacity to successfully deliver the project in compliance with applicable Federal requirements and will also assess the technical feasibility of the project as described in the application. Technical Assessment ratings will be one of the following: Certain (3), Somewhat Certain (2), or Unknown or Uncertain (1).

The readiness portion of the application should also discuss how the proposed project will comply with BABA and FHWA’s Buy America requirements. If the applicant believes these provisions do not apply to the project, the applicant must provide support in the application.

Technical Assessment ratings will be based on:

Technical Assessment Elements:

a. The applicant has the resources to deliver the project.

b. The project will comply with all applicable Federal requirements.

c. The applicant demonstrates a commitment for timely project delivery as demonstrated by the schedule information in the application.

d. The applicant demonstrates the technical feasibility of the project.

e. The applicant addresses how the project will comply with BABA and Buy America.

Readiness: Financial Completeness Assessment The Financial Completeness Assessment reviews the budget and whether the applicant presented a complete funding package, and will receive a rating of Complete (3), Partially Complete (2), or Incomplete (1). When rating Financial Completeness, FHWA will also review the application material found in Section III (Budget) of the application, as described in Section D of this NOFO.

Financial Completeness Assessment ratings will be based on:

Financial Completeness Assessment Elements:

a. the application includes complete funding estimates based on recent stages of design (or for non-construction projects, proposal development),

b. the application includes a plan to address potential cost overruns,

c. the application demonstrates reasonable availability of all funding needed to complete the project with an award, and

d. for construction projects, the proposal includes information on how future operation, maintenance and preservation costs will be funded.

The application demonstrates the applicant and project will meet Financial Completeness Elements a, b, and c; and for construction projects, will also meet Element d.

Readiness: Permitting Risk Assessment

The Permitting Risk Assessment reviews the project’s environmental approvals and likelihood of the necessary approvals affecting project obligation, and results in a rating of High Risk (1), Moderate Risk (2), or Low Risk (3). The applicant must disclose if there is open litigation concerning the project; if there is known, public controversy, or Agency opposition to the project on environmental grounds, that will be difficult to resolve.

Permitting ratings will be based on:

Permitting Risk Assessment Elements:

a. The National Environmental Policy Act (NEPA) review is complete or the application demonstrates NEPA will be complete in time to meet the project schedule;

b. all necessary permits have been obtained or the application demonstrates permits and approvals will be obtained in time to meet the project schedule;

c. public engagement has occurred or will occur, and any known public controversy has been or will be addressed or mitigated: and.

d. the application discloses any known and unmitigated issues posing a high risk to project delivery. Examples include litigation, known public controversy, or Agency opposition to the project on environmental grounds.

· an Environmental Assessment (EA) or Environmental Impact Statement (EIS) is needed, and the NEPA document has not been released for public review; or

· permit work has not started, and the schedule does not include time for schedule delays; or public engagement has not started, and the schedule does not include time to address public input -and-the project or program does not have any known unmitigated risks to project delivery as shown in Element d.

The application indicates risk as described in permitting Element d; or the application does not meet Elements a, b, or c.

Project Readiness Ratings

The Project Readiness Ratings described above will be translated to a High, Medium-High, Medium, or Low rating using the table below:

3. OVERALL RATING OF THE APPLICATION

FHWA will assign each eligible application an overall rating of Highly Recommended, Recommended, or Not Recommended. The rating will be assigned on the following basis:

A rating of Highly Recommended will be assigned to an application that:

· Receives no less than a Highly responsive rating for merit criteria and a Medium-High rating for project readiness.

A rating of Recommended will be assigned to an application that:

· Receives no less than a Responsive rating for merit criteria and a medium for project readiness.

A rating of Not Recommended will be assigned to an application that is not otherwise assigned a Highly Recommended or Recommended rating.

4. DOT PRIORITY CONSIDERATIONS

After completing the merit review and readiness assessment, among projects of similar merit, DOT may prioritize selections based on one or more of the considerations described below:

· FHWA may provide awards to a broad range of eligible recipients rather than to a select group of repeat players.

· FHWA may prioritize projects that support the economic competitiveness of key U.S. industries (e.g., critical minerals, steel, the defense industrial base, and pharmaceutical manufacturing industries) or advance the nation’s domestic energy sector.

· FHWA may prioritize awards to projects that support America’s truck drivers while reducing emissions by expanding access to truck parking, improving safety, and modernizing driver resources.

· FHWA may prioritize awards to projects that reduce emissions by decreasing traffic congestion associated with port operations without limiting roadway capacity for motor vehicles.

· FHWA may prioritize awards to projects leveraging other funding sources by providing greater than a 20 percent match.

· FHWA may prioritize FY 2023 (if available) and FY 2024 funding awards to projects demonstrating an ability to obligate before the funding deadline and expend within the period of performance.

5. REVIEW AND SELECTION PROCESS

FHWA will review applications received by the deadline first for completeness, then for eligibility based on the information found in Section B of this notice. This review phase is referred to as the Intake and Eligibility review. Next, all eligible, complete, and timely applications will be evaluated by the Technical Review Team (TRT) as described below.

Technical Review Team

The evaluation of eligible applications will be conducted by a TRT, comprised of FHWA staff. The TRT will evaluate each eligible application against the merit criteria and for readiness, to determine which applications are rated as Highly Recommended, recommended, or Not Recommended.

The TRT will send to the FHWA Senior Review Team (SRT) information on all eligible applications received. The list will include information on the application, the rating for each merit criteria, and the project readiness assessment rating.

Senior Review Team

The FHWA SRT may consist of officials from the Office of the Secretary of Transportation, the Administrator, and others in Senior leadership positions requested to serve by the FHWA Administrator.

The FHWA SRT will determine which projects advance to Senior Departmental Leadership for final selection. The Department has the discretion to determine which applications best address RTEPF merit criteria, project readiness assessment, and selection considerations, and should be selected.

The Department intends to apply principles from DOT Order 2100.7, (Ensuring Reliance Upon Sound Economic Analysis in DOT’s Policies, Programs and Activities) when evaluating applications and making award selections. To the maximum extent permitted by law, DOT will prioritize projects in alignment with the principles outlined in DOT Order 2100.7.

REDUCED AWARDS

In accordance with section D.2 of this NOFO, FHWA may enter into discussions with an applicant, if mutually agreeable, regarding a lesser scaled amount of a potential award than the full amount originally requested in the application, if necessary. This may occur because of the quantity, size and scope of the applications received in response to this notice, the amount of funding available, and the results of the application review process.

6. APPLICANT RISK ASSESSMENT

Prior to the award, each selected applicant will be subject to a risk assessment required by 2 CFR 200.206. DOT must review and consider any information about the applicant in the designated integrity and performance system accessible through SAM. An applicant may review information in SAM.gov and comment on any information about itself that a Federal awarding Agency previously entered. DOT will consider comments by the applicant, in addition to other information in SAM.gov, in making a judgment about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the risk assessment. DOT reserves the right to deny an award based on the results of the risk assessment, or to include special conditions corresponding to the degree of risk assessed, in accordance with 2 CFR 200.206.

DOT will consider the following factors in its risk assessment in accordance with 2 CFR 200.206:

· Financial stability: the applicant’s record of effectively managing financial risks, assets, and resources.

· Management systems and standards: quality of management systems and ability to meet the management standards prescribed in this part.

· History of performance, if applicable: the applicant’s record of managing previous and current Federal awards, including compliance with reporting requirements and conformance to the terms and conditions of Federal awards, if applicable.

· Audit reports and findings: reports and findings from audits performed under subpart F or the reports and findings of any other available audits, if applicable.

· Ability to effectively implement requirements: the applicant’s ability to effectively implement statutory, regulatory, or other requirements imposed on recipients of Federal awards.

G. AWARD NOTICES

1. HOW PROJECT SELECTIONS ARE ANNOUNCED

Following the evaluation outlined in Section F, FHWA will announce awarded projects by posting a list of selected projects at https://ops.fhwa.dot.gov/infrastructure-investment-and-jobs-act/index.htm. Notice of selection is not authorization to begin performance or to incur costs for the proposed project. Following the announcement, DOT will contact the POC listed on the SF-424 to initiate negotiation of the project agreement for authorization.

After the award selections are announced, DOT and the selected applicant will reach an agreement on the method for the award. There are two possible options for administration of the anticipated awards: award through an allocation to the State department of transportation or a direct award from DOT. DOT may also request detailed and itemized cost information, as well as modification to the project management plan.

Unsuccessful applicants may request a debriefing up to 90 days after the selected funding recipients are publicly announced. The request must be submitted by the applicant identified on the SF-424. The debrief will be limited to how the application responded to the Grant Program evaluation criteria described in Section F of the NOFO. All debrief requests should be submitted to RTEPF@dot.gov.

2. REIMBURSEMENTS AND COSTS INCURRED PRIOR TO AWARD AND OBLIGATION OF GRANTS

Recipients of the RTEPF Competitive Grant Program awards will not receive lump-sum cash disbursements at the time of award announcement or obligation of funds. In accordance with 2 CFR 200.305, DOT anticipates primarily administering these grants on a reimbursement basis. Program funds will be disbursed to recipients only for costs incurred after execution of grants DOT determines to be allowable, reasonable, and allocable, as defined under 2 CFR Part 200, and after the recipient submits valid requests for payment.

Any costs a recipient incurs before DOT executes a project agreement for the recipient’s project are ineligible for reimbursement and are ineligible for cost share requirements.

H. POST-AWARD REQUIREMENTS AND ADMINISTRATION

1. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS

Administrative Requirements

All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards found in 2 CFR Part 200, as adopted by DOT at 2 CFR Part 1201. Applicable Federal laws, rules, and regulations set forth in Title 23, U.S.C., and Titles 23 and 49 of the CFR, shall apply to awards provided under this program.

In connection with any program or activity conducted with or benefiting from funds awarded under this notice, recipients of funds must comply with all applicable requirements of Federal law, including, without limitation, the Constitution of the United States; the conditions of performance, non-discrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of DOT and FHWA; and applicable Federal financial assistance and contracting principles promulgated by OMB. In complying with these requirements, recipients, in particular, must ensure no concession agreements are denied, or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If DOT determines a recipient has failed to comply with applicable Federal requirements, DOT may terminate the award of funds and disallow previously incurred costs, requiring the recipient to reimburse any expended award funds.

Program Requirements

Critical Infrastructure Security, Cybersecurity and Resilience

It is the policy of the United States to strengthen the security and resilience of its critical infrastructure against all threats and hazards, including physical and cyber risks, consistent with National Security Memorandum 22 (NSM 22) to secure and enhance the resilience of the U.S. Critical Infrastructure. Each applicant selected for Federal funding must demonstrate, prior to the signing of the grant agreement, an effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the project. Projects that have not appropriately considered and addressed physical and cyber security and resilience in their planning, design, and project oversight, as determined by DOT and the United States Department of Homeland Security, will be required to do so before receiving funds.

Domestic Preference Requirements

As expressed in E.O. 14005, “Ensuring the Future Is Made in All of America by All of America’s Workers” (86 FR 7475), the Executive Branch should maximize, consistent with law, the use of goods, products, and materials produced in, and services offered in, the United States. Funds made available under this notice are subject to FHWA’s steel, iron, and manufactured product domestic requirements at 23 U.S.C. 313 and 23 CFR 635.410, and the construction materials domestic preference requirement of BABA [Div. G §§ 70901–70927], as implemented by OMB at 2 CFR part 184. The Department expects all applicants to comply with those requirements.

Any grant projects involving vehicle acquisition must involve only vehicles that comply with applicable Federal Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carriers Safety Regulations (FMCSR), or vehicles that are exempt from FMVSS or FMCSR in a manner that allows for the legal acquisition and deployment of the vehicle or vehicles.

Federal Anti-Discrimination

· Except where prohibited by court order, pursuant to E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, as a condition of grant award, each Recipient must agree its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of Title 31, United States Code

· Except where prohibited by court order, pursuant to E.O. 14173, Ending Illegal Discrimination and Restoring Merit- Based Opportunity, as a condition of grant award, each Recipient must certify it does not operate any programs promoting diversity, equity, and inclusion initiatives in violation of any applicable Federal anti-discrimination laws.

To the extent a court order bars the implementation or enforcement of one or more of the above provisions with respect to a particular applicant or recipient, the Department will not implement or enforce the relevant provision(s) against that applicant or recipient for as long as the order remains in place.

Compliance with Federal Law and Policies

Except where prohibited by court order, the applicant assures and certifies, with respect to any application and awarded Project under this NOFO, it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds.

2. REPORTING

For more information on RTEPF Performance and Program Evaluations, please see Performance and Program Evaluation statement on the FHWA Website.

Each applicant selected for the RTEPF Competitive Grant Program funding must submit quarterly progress reports and quarterly Federal Financial Reports (SF-425) to monitor project progress and ensure accountability and financial transparency in the program. The recipient shall also provide a final report within 120 days after the termination or expiration of this agreement that includes the results of the project and how the completed project aligned with the goals and objectives described in the application.

Each RTEPF awardee must collect and report performance measure information to DOT.