Frequently Asked Questions
These Frequently Asked Questions (FAQs) do not have the force and effect of law and are not meant to bind the public in any way. These FAQs are intended only to provide clarity to the public regarding existing requirements under the law or agency policies. FTA recipients and subrecipients should refer to FTA’s statutes and regulations for applicable requirements.
Answer:
If the amounts expended for acquisition of a van is undertaken through a third party leased van, the third party should follow FTA’s Capital Cost of Contracting guidance found in chapter IV, pages 11-13 of FTA circular 9030.1E to determine the amount that can be treated as local match.
Answer:
Yes! Any transit agency impacted by these hurricanes that is an FTA direct recipient, State, or Territory may apply for Emergency Relief funding even if it is not listed as receiving an allocation. If your agency is a subrecipient to another organization that receives FTA funding, you can apply through that organization. Contact your FTA regional office for more information.
Answer:
Yes, however requirements associated with the “shared use” of the facility may be applicable.
Answer:
An EEO Program that meets FHWA’s requirements do not necessarily meet FTA’s requirements, and therefore, it may not be acceptable. However, a State DOT may submit the same EEO Program to FHWA and FTA as long as the program includes all components and information required under FTA’s EEO Circular. Additionally, some State DOT’s may be required to submit an EEO Program to FHWA but not be required to submit to FTA. A State DOT must submit an FTA EEO Program if it meets the two-prong threshold in Circular Section 1.4. State DOT-specific EEO requirements are discussed in FTA EEO Circular Section 1.5. All of the components required in an FTA EEO Program are explained in FTA EEO Circular Chapter 2.
Answer:
In most instances, FTA's eligibility criteria are more flexible than FEMAs. We recommend that grantees first pursue FTA funding. However, if an expense is not eligible under the FTA program, grantees are free to pursue FEMA funds. FTA and FEMA have developed open lines of communication to ensure that project reimbursements are not duplicated and will assist grantees with identifying the proper source for reimbursement to the extent possible.
Answer:
Regardless of the results of the risk assessment, FTA expects the recipient to complete the scope of the Resilience project applied for without expectation of additional Hurricane Sandy funding. FTA may require the recipient to identify additional funding sources if necessary.Regardless of the results of the risk assessment, FTA expects the recipient to complete the scope of the Resilience project applied for without expectation of additional Hurricane Sandy funding. FTA may require the recipient to identify additional funding sources if necessary.
Answer:
Costs incurred for recovery that do not involve substantial changes to the location, capacity, or function of the transit asset do not need to be programmed in the TIP/STIP to be reimbursed. However, FTA recommends that such projects undertaken more than a year after a disaster be programmed in the TIP/STIP to ensure that projects are planned and funded alongside non-emergency transportation projects within the State and/or metropolitan planning region. Recovery projects that include changes to the location, capacity, or function of the transit asset must be in the TIP/STIP prior to incurring costs. As of November 1, 2013, resilience expenses must be programmed in the TIP/STIP prior to being incurred.
Answer:
If you are an eligible recipient and have eligible response and recovery expenses not yet reimbursed and you did not receive a pro-rated allocation in the March 29th allocation notice, you may be eligible for these funds. Please contact your regional office (either Region 1, 2 or 3) to apply for these Emergency Relief funds. FTA set-aside two percent, or $28,048,497, for affected recipients that suffered damage as a result of Hurricane Sandy and who may have outstanding expenses. If your request is approved, you will be asked to submit an electronic grant application with the regional office.
Answer:
It is reasonable to expect that transit agencies used (and continue to use) their own staff for response and recovery work. Agencies may have ongoing recovery work for which they continue to use their own forces, as opposed to contractors. Any hurricane response/recovery work done by your staff prior to January 29 would fall into Category 1, since the grantee is simply seeking reimbursement. However, if you have plans to continue to use your staff for recovery work that has not yet occurred, then those expenses are eligible under Category 3, as long as you can show documentation that the work is budgeted and ongoing. By budgeted, we mean an amendment to your budget that shows a line item for hurricane response, or something that shows you’ve moved staff off of regular tasks to hurricane response (Board meeting minutes, etc.). If you cannot show us that you have budgeted for that work prior to the 29th, then that work will still be eligible for reimbursement using the agency’s prorated allocation.
Answer:
Federal procurement regulations neither authorize nor prohibit recipients from approving multiple change orders in a single “blanket approval” action. Although this action is not specifically defined under federal procurement standards, approving multiple change orders in a single “blanket approval” would generally be discouraged, but is not prohibited. There may be situations in which such an action may be reasonable and appropriate. It is important to note that Federal procurement requirements do not explicitly recognize a contractual action termed "Blanket Change Order Approval." If a transit agency’s applicable state and local procurement regulations or policies allow for blanket approvals and the procurement official followed the applicable regulation or policy, then the blanket approval could be a valid procurement method for that particular transit agency. A transit agency using a blanket approval should identify its authority for doing so in the blanket approval and include the document in the project file. Likewise, if a transit agency’s procurement regulations or policies do not allow for or address blanket approvals, then a blanket approval would not be a valid procurement method.
Answer:
It depends on the source and use of funding. Federal public transportation law does not define bike sharing as a form of public transportation; however, the cost of installing bike sharing stations and infrastructure are eligible expenses when functionally related to public transportation. The FTA considers bicycle facilities and improvements to be functionally related to transit when they are located within a three-mile radius of a transit station or bus stop. However, the purchase of bikes for a bike sharing network is not an eligible expense. See FTA’s bicycles and transit webpage for information on how bicycles and transit are a win-win proposition.
Answer:
It depends on the source and use of funding. Federal public transportation law does not define car sharing as a form of public transportation and funds cannot be used to operate those services. However facilities functionally related to transit may be eligible. For example, parking spaces dedicated for the use of car-sharing at local transit stops.
Answer:
Yes. As permitted by statute (49 U.S.C. 5324(d)(1)), FTA will determine the terms and conditions that apply to grants awarded under the ER Program. Accordingly, FTA requires utilization of integrity monitors for Sandy projects for recipients receiving over $100 million in funding in addition to the standard oversight program. Integrity monitoring is a project administration expense.
Answer:
The NOFA specifically provides for the use of consultants in the design and implementation of one-call centers—but such expenses are considered eligible for reimbursement only if incurred after the applicant is selected to receive a grant award. Otherwise, if an applicant wishes to use a consultant to help prepare the proposal, FTA will not pay for those services under this grant, since there is no "pre-award authority" in this discretionary program as there is with other FTA formula transit capital grants.
Eligible applicants developing grant proposals may, on the other hand, ask vendors of hardware, software, and services to voluntarily provide technical information on products and their costs as a basis for the independent cost estimates required by FTA. Note that these documents may not be used to develop specifications that arbitrarily exclude other vendors from responding to a competitive procurement for products or services that may be funded by the grant. Nor can this assistance be construed as a quid pro quo for assisting in the preparation of the grant application. Refer to FTA Circular 4220.1F, "Third Party Contracting Guidance" for details.
Answer:
No. Only additional service provided on a temporary basis in response to the storm is eligible. For example, additional temporary service on existing routes that are more heavily travelled during evacuation, a bus bridge between rail stations when a section of track is out of service for repairs, or temporary new service to and from an evacuation shelter would be eligible. Running less frequent service on an existing route for any reason is not an eligible expense. For example, operator wages on a regular bus route or rail line that is operating on increased headways due to reduced demand in the aftermath of a disaster is not eligible. Disaster-related costs associated with ramping service up or down, such as putting rolling stock into storage or returning rolling stock to service, are eligible.
Answer:
The Office of Management and Budget requires that all Hurricane Harvey, Irma, and Maria FTA ER funds be expended within 24 months of grant obligation. FTA has submitted a waiver for this requirement. If the waiver is granted, FTA will conduct an administrative amendment to remove the requirement on any grants already awarded with the 24-month expenditure requirement as a grant condition.
Answer:
Although Section 904(c) of the Disaster Relief Act requires that funds received under the Disaster Relief Act be expended within two years of obligation, OMB issued a waiver of this requirement for grants awarded under FTA’s Emergency Relief Program. In issuing this waiver, OMB stated an expectation that Federal agencies and grantees will work together to ensure that funds obligated under the Disaster Relief Act are expended in a timely manner.
Based on the complexity of projects we expect to be submitted, FTA expects to award funds for major capital projects that will take multiple years to complete. While there is not a defined timeframe in which these funds must be expended, all projects must be undertaken and completed in accordance with the project grant agreement and all identified milestones.
Answer:
FTA has received numerous inquiries regarding the 24 month timeframe. FTA is pursuing a blanket waiver from this requirement for Hurricane Sandy Emergency Relief projects. Further guidance will be provided once it is available.
Answer:
Although Section 904(c) of the Disaster Relief Act requires that funds received under the Disaster Relief Act be expended within two years of obligation, OMB issued a waiver of this requirement for grants awarded under FTA’s Emergency Relief Program. In issuing this waiver, OMB stated an expectation that Federal agencies and grantees will work together to ensure that funds obligated under the Disaster Relief Act are expended in a timely manner. Based on the complexity of projects selected, FTA expects to award funds for major capital projects that will take multiple years to complete. While there is not a defined timeframe in which these funds must be obligated and expended, all projects must be undertaken and completed in accordance with the project application and grant agreement and all identified milestones.
Answer:
Yes, but Grantees should consult regions on any special requirements for Sandy-grant budget revisions or amendments. Also, any grant modification that increases the federal funds (e.g. grant amendment) will need to comply with all Federal requirements unless the funds being added were part of the initial allocation for expenses within categories 1, 2, or 3.