80 FR 12257 - Contracting Initiative
DEPARTMENT OF TRANSPORTATION
Office of the Secretary Federal Register Volume 80, Issue 44 (March 6, 2015)
Office of the Secretary
Federal Register Volume 80, Issue 44 (March 6, 2015)
| Page Range | 12257-12259 | |
| FR Document | 2015-05204 |
[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)] [Notices] [Pages 12257-12259] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05204] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Office of the Secretary Contracting Initiative AGENCY: Office of the Secretary (OST), Department of Transportation (DOT). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The DOT is announcing an initiative to permit, on an experimental basis, Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) recipients and subrecipients to utilize various contracting requirements that generally have been disallowed due to concerns about adverse impacts on competition. This initiative will be carried out as a pilot program for a period of 1 year (unless extended) under the FHWA and FTA's existing authorities. The purpose of this pilot program is to determine whether the use of such requirements ``unduly limit competition,'' as provided in an August 23, 2013, opinion from the Department of Justice's Office of Legal Counsel (OLC). Should DOT find that such restrictions do not unduly limit competition, DOT may provide further guidance regarding their use. DATES: This pilot program is effective March 6, 2015. FOR FURTHER INFORMATION CONTACT: For technical information: Mr. Michael Harkins, Deputy Assistant General Counsel for General Law, Office, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, 202-366-0590 (telephone), [email protected] (email). SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this document may also be downloaded from the Office of the Federal Register's home page at http://www.archives.gov/federal_register and the Government Publishing Office's Web page at http://www.gpoaccess.gov. Background Interpretation of Competition Mandate Traditionally, DOT has prohibited its recipients and subrecipients from using certain contracting provisions that do not directly relate to the bidder's performance of work in a competent and responsible manner. An example of such provisions includes local and other geographic-based labor hiring preferences. The DOT's position was reinforced by a 1986 opinion of the OLC, which concluded that 23 U.S.C. 112 (``section 112'') obligated the Secretary of Transportation to withhold Federal funding from highway construction contracts that were subject to a New York City law imposing disadvantages on a class of responsible bidders, where the city failed to demonstrate that its departure from competitive bidding requirements was justified by considerations of cost-effectiveness. See Compatibility of New York City Local Law 19 with Federal Highway Act Competitive Bidding Requirements, 10 Op. O.L.C. 101 (1986). However, in August 2013, at DOT's request, the OLC provided DOT with a memorandum opinion, clarifying its 1986 opinion on section 112. See Competitive Bidding Requirements Under the Federal-Aid Highway Program, 23 U.S.C. 112, (Aug. 23, 2013) (``2013 opinion''). The 2013 opinion is available at http://www.justice.gov/olc/opinions. The 2013 opinion clarifies that section 112 does not compel the DOT's position with respect to contracting requirements that do not directly relate to the bidder's performance of work, but rather provides the Secretary with discretion to permit other types of state or local requirements as long as they do not ``unduly limit competition.'' \1\ --------------------------------------------------------------------------- \1\ While the 2013 opinion was specific to section 112, which only applies to highway projects, it also is relevant in interpreting and implementing FTA's statutory mandate under 49 U.S.C. 5325(a) that broadly requires full and open competition in the award of contracts utilizing financial assistance from the FTA. --------------------------------------------------------------------------- The 2013 opinion explains that competition would not be unduly limited by ``[a] state or local requirement that has only an incidental effect on the pool of potential bidders or that imposes reasonable requirements related to the performance of the necessary work. . . .'' 2013 opinion at 2. In contrast, ``a requirement that has more than an incidental effect on the pool of potential bidders and does not relate to the work's performance would unduly limit competition unless it promotes the efficient and effective use of federal funds.'' Id. at 2- 3. In assessing whether a requirement does promote the efficient and effective use of federal funds, the agency ``may take into account whether the requirement promotes such efficiency in connection with the letting of a particular contract and also whether it more generally furthers the efficient and effective use of federal funds in the long run or protects the integrity of the competitive bidding process itself.'' Id. at 3. So long as a state or local requirement serves these purposes, ``the Administrator may reasonably determine, consistent with section 112, that the requirement does not unduly limit competition, even if it may have the effect of reducing the number of eligible bidders for a particular contract.'' Id. Thus, DOT retains discretion under the statute to evaluate whether a particular State or local law or policy that has more than an incidental effect on the pool of potential bidders is nonetheless compatible with section 112(b)(1)'s competitive bidding requirement. The process used to evaluate whether state and local requirements satisfy section 112 also is a matter of agency discretion. Id. at 17-18 (``It is for FHWA and DOT to determine the regulatory approach the agency should take in exercising this discretion and in evaluating whether certain state and local requirements are consistent with [section 112's] statutory mandates. . . .''). Experimental Authority In 1988, a Transportation Research Board (TRB) task force, comprised of representatives from all segments of the highway industry, was formed to evaluate Innovative Contracting Practices. This TRB task force requested [[Page 12258]] that the FHWA establish a project to evaluate and validate certain findings of the task force regarding innovative contracting practices, which are documented in Transportation Research Circular Number 386, titled, ``Innovative Contracting Practices,'' dated December 1991. In response, the FHWA initiated Special Experimental Project No. 14 (SEP- 14) pursuant to the authority granted to the Secretary, which now is codified at 23 U.S.C. 502. The SEP-14 program strives to identify, evaluate, and document innovative contracting practices that have the potential to reduce the life cycle cost of projects, while at the same time, maintain product quality. Under SEP-14, the FHWA has the flexibility to experiment with innovative approaches to contracting. The innovative practices originally approved for evaluation under SEP-14 were: Cost-plus-time bidding, lane rental, design-build contracting, and warranty clauses. Forty-one States have used at least one of the innovative practices under SEP-14. Based on their collective experiences, FHWA decided that cost-plus-time bidding, lane rental, and warranty clauses were techniques suitable for use as non-experimental, operational practices and in 1995 these were made regular Federal-aid procedures. Design-build contracting in the Federal-aid highway program was conducted under SEP-14 until Congress modified section 112 in section 1307 of the Transportation Equity Act for the 21st Century to permanently authorize the use of this contracting method. Additionally, the construction manager/general contractor method of contracting in the Federal-aid highway program was originally conducted under SEP-14 until Congress modified section 112 in section 1303 of the Moving Ahead for Progress in the 21st Century Act to permanently authorize the use of this contracting method. The SEP-14 program continues to be used to test and evaluate experimental contracting practices. Also, the FTA has authority under 49 U.S.C. 5312 to carry out research, development, demonstration, and deployment projects that will improve public transportation. Additionally, 49 U.S.C. 5314 authorizes FTA to carry out activities that will assist recipients of assistance to administer funds received under Chapter 53 in compliance with Federal law, including the development of voluntary and consensus-based standards and best practices by the public transportation industry, including standards and best practices for procurement. Pilot Program The DOT is interested in permitting State and local recipients of Federal financial assistance to utilize contracting requirements that traditionally have been prohibited on the basis that they would restrict competition by not directly relating to the bidder's performance of work. Thus, DOT is establishing a pilot program under the existing authorities of the FHWA and FTA grant programs. The objective of this pilot program is to enable DOT to determine which requirements may be used consistently with the 2013 OLC opinion by promoting efficiency in connection with the letting of a particular contract, furthering the efficient and effective use of federal funds in the long run, or protecting the integrity of the competitive bidding process. In particular, with respect to procurements for which FHWA or FTA funds will be used, recipients and subrecipients may request those agencies to permit the use of a particular contracting requirement that otherwise may be found to be inconsistent with the general requirement for full and open competition. DOT is particularly interested in contracts for which recipients and subrecipients wish to utilize a local or other geographic labor hiring preferences, economic-based labor hiring preferences (i.e., low-income workers), and labor hiring preferences for veterans \2\ because, in the DOT's view, such requirements can promote Ladders of Opportunity by ensuring that disadvantaged workers in the communities in which the projects are located benefit from the economic opportunities such projects present. DOT, however, will not approve projects for which recipients wish to alter the requirements of the Disadvantaged Business Enterprise Program. --------------------------------------------------------------------------- \2\ See also 23 U.S.C. 114(d), which requires recipients, to the extent practicable, to encourage contractors to make a best faith effort to hire veterans on Federal-aid highway projects. --------------------------------------------------------------------------- This pilot program will be carried out for a period of 1 year from the date of publication of this notice. As such, DOT is only interested in contracts that will be advertised during this time frame. For any such contracts, the DOT will monitor and evaluate whether contracting requirements that traditionally have been prohibited on the basis that they would restrict competition by not directly relating to the bidder's performance of work have an undue restriction on competition. While DOT's current plan is to conduct this pilot program for 1 year, DOT reserves the right to extend this time period at its discretion. FHWA For contracts to be funded by FHWA, State and local recipients and subrecipients must request prior approval from the FHWA to use a specific contracting requirement under SEP-14. In order to receive SEP- 14 approval, States and local recipients and subrecipients would follow the normal process that includes submitting work plans to the appropriate FHWA division office. For more information on the SEP-14 process, please see: http://www.fhwa.dot.gov/programadmin/contracts/sep_a.cfm. In developing requests to FHWA to use contracting requirements under SEP-14, recipients and subrecipients should address, at a minimum, the following points: (1) Describe the project, including the amount of FHWA funding involved in the as well as the estimated total project cost. (2) Describe the contracting requirement that may otherwise be found to be inconsistent with the general requirement for full and open competition. (3) Describe how they will evaluate the effects of relevant contracting requirements on competitive bidding. In doing so, the recipient or subrecipient should, at a minimum, provide comparisons of bids received for the projects utilizing the relevant contract requirements to other projects of similar size and scope and in the same geographic area not utilizing such requirements. If a reduction in the pool of bidders is evident, explain the potential offsetting benefits resulting from the use of the requirement. (1) Describe and quantify how the relevant contracting requirement would lead to increases in the effectiveness and efficiency of Federal funds for the project. (2) Describe and quantify how the experimental contracting technique would protect the integrity of the competitive bidding process either in connection with the particular contract or when considered over the long term for that agency's program. For contracts involving the use of local and other geographic labor hiring preferences, economic-based labor hiring preferences, and/or labor hiring preferences for veterans, FHWA may approve, at the request of the recipient or subrecipient, the use of such requirements for a specific contract, a specific group of, or on a more general programmatic basis. The use of other contracting requirements may be [[Page 12259]] approved by FHWA after coordination with the DOT Office of General Counsel. FTA For contracts to be funded by FTA (including federal financial assistance under any FTA formula or discretionary program), State and local recipients and subrecipients must request prior approval from the FTA to use a specific contracting requirement pursuant to FTA's research and assistance authorities discussed above. In making such requests, recipients and subrecipients must submit an application to their FTA Regional Office. In their application, recipients should address, at a minimum, the following points: (1) Describe the contracting opportunity, including the schedule for the type of project and type of asset being constructed and the amount of FTA funding involved in the project as well as the estimated total project cost. (2) Describe the contracting requirement that may otherwise be found to be inconsistent with the general requirement for full and open competition. (3) Describe how they will evaluate the effects of relevant contracting requirements on competitive bidding. In doing so, the recipient and subrecipient should, at a minimum, provide comparisons of bids received for the projects utilizing the relevant contract requirements to other projects of similar size and scope and in the same geographic area not utilizing such requirements. If a reduction in the pool of bidders is evident, explain the potential offsetting benefits resulting from the use of the requirement. (4) Describe how the relevant contracting requirement would lead to increases in the effectiveness and efficiency of Federal funds for the project. (5) Describe and quantify how the experimental contracting technique would protect the integrity of the competitive bidding process either in connection with the particular contract or when considered over the long term for that agency's program. An evaluation committee comprised of FTA staff will evaluate applications for inclusion in the pilot program. The evaluation committee reserves the right to evaluate applications it receives and to seek clarification from any proposer about any statement that is made in an application. FTA also may request additional documentation or information to be considered during the evaluation process. The evaluation committee will provide a recommendation to the FTA Administrator regarding each application. The FTA Administrator will provide a final written determination to each applicant, on a rolling basis, regarding whether an application has been accepted into the pilot program. For projects involving the use of local and other geographic labor hiring preferences, economic-based labor hiring preferences, and/or labor hiring preferences for veterans, FTA may approve, at the request of the recipient or subrecipient, the use of such requirements for a specific contract, a specific group of, or on a more general programmatic basis. The use of other contracting requirements may be approved by FTA after coordination with the DOT Office of General Counsel. With respect to in-state or local geographic labor hiring preferences, please note that Section 418 of the Consolidated and further Continuing Appropriations Act, 2015, Public Law 113-235 (FY 2015 Appropriations Act), prohibits FTA from using FY 2015 funds to implement, administer, or enforce 49 CFR 18.36(c)(2), for construction hiring. Section 18.36(c)(2) prohibits the use of statutorily or administratively imposed in-State or local geographical preferences in the evaluation of bids or proposals.\3\ Accordingly, for construction contracts awarded or advertised in FY 2015, FTA recipients may use in- state or local geographic preferences for construction labor hiring. Additional guidance on FTA's implementation of Section 418 may be found on FTA's Web site at www.fta.dot.gov. --------------------------------------------------------------------------- \3\ Effective December 26, 2014, 49 CFR part 18 will apply only to grants obligated on or before December 25, 2014. Grants obligated on or after December 26, 2014 will be subject to 2 CFR part 200. This provision (18.36(c)(2)) has been recodified at 2 CFR 200.319(b) and is substantively the same as 18.36(c)(2). Although Congress did not address the change in codification in section 418, FTA intends to apply section 418 to grants obligated on or after December 26, 2014 and subject to 2 CFR 200.319(b). --------------------------------------------------------------------------- As a result of the enactment of Section 418, recipients and subrecipients do not need to submit applications for participation in the pilot program for the use of in-state or local geographic labor hiring preferences for contracts awarded or advertised on or before September 30, 2015. In other words, prior FTA approval is not required to use such requirements, and FTA recipients and subrecipients may impose such requirements for their contracts at their discretion. Such projects will receive automatic admission into the pilot program. However, in order to assess the effect of such preferences on competition, recipients and subrecipients that plan to utilize in-state or local geographic labor hiring preferences must notify their FTA Regional Office prior to advertising contracts that use such preferences. For in-state or local geographic hiring preferences proposed for inclusion in contracts advertised after September 30, 2015, recipients and subrecipients must request prior approval from the FTA to utilize such hiring preferences through the above-described process unless provisions similar to section 418 are included in a new appropriations or re-authorization act. Requests to use requirements other than in-state or local geographic preferences for construction hiring, including requirements involving the procurement of rolling stock, must request prior FTA approval as described above. Issued in Washington, DC, on February 24, 2015. Anthony R. Foxx, Secretary of Transportation. [FR Doc. 2015-05204 Filed 3-5-15; 8:45 am] BILLING CODE 4910-9X-P
![Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices 12257
will not result in the creation a Class I find that such restrictions do not unduly requirements as long as they do not
or Class II rail carrier and will not limit competition, DOT may provide ‘‘unduly limit competition.’’ 1
exceed $5 million. further guidance regarding their use. The 2013 opinion explains that
The transaction may be consummated DATES: This pilot program is effective competition would not be unduly
on or after March 20, 2015, the effective March 6, 2015. limited by ‘‘[a] state or local
date of the exemption (30 days after the requirement that has only an incidental
FOR FURTHER INFORMATION CONTACT: For
verified notice of exemption was filed). effect on the pool of potential bidders or
If the verified notice contains false or technical information: Mr. Michael that imposes reasonable requirements
misleading information, the exemption Harkins, Deputy Assistant General related to the performance of the
is void ab initio. Petitions to revoke the Counsel for General Law, Office, U.S. necessary work. . . .’’ 2013 opinion at
exemption under 49 U.S.C. 10502(d) Department of Transportation, 1200 2. In contrast, ‘‘a requirement that has
may be filed at any time. The filing of New Jersey Avenue SE., Washington, more than an incidental effect on the
a petition to revoke will not DC 20590, 202–366–0590 (telephone), pool of potential bidders and does not
automatically stay the effectiveness of Michael.Harkins@dot.gov (email). relate to the work’s performance would
the exemption. Petitions for stay must SUPPLEMENTARY INFORMATION: unduly limit competition unless it
be filed no later than March 13, 2015 (at Electronic Access promotes the efficient and effective use
least seven days before the exemption of federal funds.’’ Id. at 2–3. In assessing
becomes effective). An electronic copy of this document whether a requirement does promote the
An original and 10 copies of all may also be downloaded from the Office efficient and effective use of federal
pleadings, referring to Docket No. FD of the Federal Register’s home page at funds, the agency ‘‘may take into
35902, must be filed with Surface http://www.archives.gov/federal_register account whether the requirement
Transportation Board, 395 E Street SW., and the Government Publishing Office’s promotes such efficiency in connection
Washington, DC 20423–0001. In Web page at http://www.gpoaccess.gov. with the letting of a particular contract
addition, one copy of each pleading Background and also whether it more generally
must be served on John K. Fiorilla, furthers the efficient and effective use of
Capehart & Scatchard, P.A., 8000 Interpretation of Competition Mandate federal funds in the long run or protects
Midlantic Drive, Suite 300S, Mount Traditionally, DOT has prohibited its the integrity of the competitive bidding
Laurel, NJ 08054. recipients and subrecipients from using process itself.’’ Id. at 3. So long as a state
Board decisions and notices are certain contracting provisions that do or local requirement serves these
available on our Web site at not directly relate to the bidder’s purposes, ‘‘the Administrator may
www.stb.dot.gov. performance of work in a competent and reasonably determine, consistent with
Decided: March 3, 2015. responsible manner. An example of section 112, that the requirement does
By the Board, Rachel D. Campbell, such provisions includes local and other not unduly limit competition, even if it
Director, Office of Proceedings. geographic-based labor hiring may have the effect of reducing the
Brendetta S. Jones, preferences. The DOT’s position was number of eligible bidders for a
reinforced by a 1986 opinion of the particular contract.’’ Id.
Clearance Clerk.
OLC, which concluded that 23 U.S.C. Thus, DOT retains discretion under
[FR Doc. 2015–05212 Filed 3–5–15; 8:45 am] the statute to evaluate whether a
112 (‘‘section 112’’) obligated the
BILLING CODE 4915–01–P
Secretary of Transportation to withhold particular State or local law or policy
Federal funding from highway that has more than an incidental effect
construction contracts that were subject on the pool of potential bidders is
DEPARTMENT OF TRANSPORTATION nonetheless compatible with section
to a New York City law imposing
Office of the Secretary disadvantages on a class of responsible 112(b)(1)’s competitive bidding
bidders, where the city failed to requirement. The process used to
Contracting Initiative demonstrate that its departure from evaluate whether state and local
competitive bidding requirements was requirements satisfy section 112 also is
AGENCY: Office of the Secretary (OST), a matter of agency discretion. Id. at 17–
Department of Transportation (DOT). justified by considerations of cost-
effectiveness. See Compatibility of New 18 (‘‘It is for FHWA and DOT to
ACTION: Notice. determine the regulatory approach the
York City Local Law 19 with Federal
Highway Act Competitive Bidding agency should take in exercising this
SUMMARY: The DOT is announcing an discretion and in evaluating whether
initiative to permit, on an experimental Requirements, 10 Op. O.L.C. 101 (1986).
However, in August 2013, at DOT’s certain state and local requirements are
basis, Federal Highway Administration consistent with [section 112’s] statutory
(FHWA) and Federal Transit request, the OLC provided DOT with a
memorandum opinion, clarifying its mandates. . . .’’).
Administration (FTA) recipients and
subrecipients to utilize various 1986 opinion on section 112. See Experimental Authority
contracting requirements that generally Competitive Bidding Requirements In 1988, a Transportation Research
have been disallowed due to concerns Under the Federal-Aid Highway Board (TRB) task force, comprised of
about adverse impacts on competition. Program, 23 U.S.C. 112, (Aug. 23, 2013) representatives from all segments of the
This initiative will be carried out as a (‘‘2013 opinion’’). The 2013 opinion is highway industry, was formed to
pilot program for a period of 1 year available at http://www.justice.gov/olc/ evaluate Innovative Contracting
opinions. The 2013 opinion clarifies
mstockstill on DSK4VPTVN1PROD with NOTICES
(unless extended) under the FHWA and Practices. This TRB task force requested
FTA’s existing authorities. The purpose that section 112 does not compel the
of this pilot program is to determine DOT’s position with respect to 1 While the 2013 opinion was specific to section
whether the use of such requirements contracting requirements that do not 112, which only applies to highway projects, it also
‘‘unduly limit competition,’’ as directly relate to the bidder’s is relevant in interpreting and implementing FTA’s
performance of work, but rather statutory mandate under 49 U.S.C. 5325(a) that
provided in an August 23, 2013, opinion broadly requires full and open competition in the
from the Department of Justice’s Office provides the Secretary with discretion award of contracts utilizing financial assistance
of Legal Counsel (OLC). Should DOT to permit other types of state or local from the FTA.
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![Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices 12259
approved by FHWA after coordination Administrator regarding each competition, recipients and
with the DOT Office of General Counsel. application. The FTA Administrator subrecipients that plan to utilize in-state
will provide a final written or local geographic labor hiring
FTA
determination to each applicant, on a preferences must notify their FTA
For contracts to be funded by FTA rolling basis, regarding whether an Regional Office prior to advertising
(including federal financial assistance application has been accepted into the contracts that use such preferences. For
under any FTA formula or discretionary pilot program. in-state or local geographic hiring
program), State and local recipients and For projects involving the use of local preferences proposed for inclusion in
subrecipients must request prior and other geographic labor hiring contracts advertised after September 30,
approval from the FTA to use a specific preferences, economic-based labor 2015, recipients and subrecipients must
contracting requirement pursuant to hiring preferences, and/or labor hiring request prior approval from the FTA to
FTA’s research and assistance preferences for veterans, FTA may utilize such hiring preferences through
authorities discussed above. In making approve, at the request of the recipient the above-described process unless
such requests, recipients and or subrecipient, the use of such provisions similar to section 418 are
subrecipients must submit an requirements for a specific contract, a included in a new appropriations or re-
application to their FTA Regional specific group of, or on a more general authorization act. Requests to use
Office. In their application, recipients programmatic basis. The use of other requirements other than in-state or local
should address, at a minimum, the contracting requirements may be geographic preferences for construction
following points: approved by FTA after coordination hiring, including requirements
(1) Describe the contracting with the DOT Office of General Counsel. involving the procurement of rolling
opportunity, including the schedule for With respect to in-state or local stock, must request prior FTA approval
the type of project and type of asset geographic labor hiring preferences, as described above.
being constructed and the amount of please note that Section 418 of the
FTA funding involved in the project as Consolidated and further Continuing Issued in Washington, DC, on February 24,
well as the estimated total project cost. 2015.
Appropriations Act, 2015, Public Law
(2) Describe the contracting 113–235 (FY 2015 Appropriations Act), Anthony R. Foxx,
requirement that may otherwise be prohibits FTA from using FY 2015 Secretary of Transportation.
found to be inconsistent with the funds to implement, administer, or [FR Doc. 2015–05204 Filed 3–5–15; 8:45 am]
general requirement for full and open enforce 49 CFR 18.36(c)(2), for BILLING CODE 4910–9X–P
competition. construction hiring. Section 18.36(c)(2)
(3) Describe how they will evaluate prohibits the use of statutorily or
the effects of relevant contracting administratively imposed in-State or DEPARTMENT OF TRANSPORTATION
requirements on competitive bidding. In local geographical preferences in the
doing so, the recipient and subrecipient evaluation of bids or proposals.3 National Highway Traffic Safety
should, at a minimum, provide Accordingly, for construction contracts Administration
comparisons of bids received for the awarded or advertised in FY 2015, FTA [Docket No. NHTSA–2015–0013]
projects utilizing the relevant contract recipients may use in-state or local
requirements to other projects of similar geographic preferences for construction National Emergency Medical Services
size and scope and in the same labor hiring. Additional guidance on Advisory Council (NEMSAC); Notice of
geographic area not utilizing such FTA’s implementation of Section 418 Federal Advisory Committee Meeting
requirements. If a reduction in the pool may be found on FTA’s Web site at
of bidders is evident, explain the www.fta.dot.gov. AGENCY: National Highway Traffic
potential offsetting benefits resulting As a result of the enactment of Safety Administration (NHTSA), U.S.
from the use of the requirement. Section 418, recipients and Department of Transportation (DOT)
(4) Describe how the relevant subrecipients do not need to submit ACTION: Meeting Notice—National
contracting requirement would lead to applications for participation in the Emergency Medical Services Advisory
increases in the effectiveness and pilot program for the use of in-state or Council.
efficiency of Federal funds for the local geographic labor hiring
project. preferences for contracts awarded or SUMMARY: The NHTSA announces a
(5) Describe and quantify how the advertised on or before September 30, meeting of NEMSAC to be held in the
experimental contracting technique 2015. In other words, prior FTA Metropolitan Washington, DC, area.
would protect the integrity of the approval is not required to use such This notice announces the date, time,
competitive bidding process either in requirements, and FTA recipients and and location of the meeting, which will
connection with the particular contract subrecipients may impose such be open to the public, as well as
or when considered over the long term requirements for their contracts at their opportunities for public input to the
for that agency’s program. discretion. Such projects will receive NEMSAC. The purpose of NEMSAC, a
An evaluation committee comprised automatic admission into the pilot nationally recognized council of
of FTA staff will evaluate applications program. However, in order to assess the emergency medical services
for inclusion in the pilot program. The effect of such preferences on representatives and consumers, is to
evaluation committee reserves the right advise and consult with the U.S.
to evaluate applications it receives and 3 Effective December 26, 2014, 49 CFR part 18 Department of Transportation (DOT)
will apply only to grants obligated on or before and the Federal Interagency Committee
mstockstill on DSK4VPTVN1PROD with NOTICES
to seek clarification from any proposer
December 25, 2014. Grants obligated on or after on EMS (FICEMS) on matters relating to
about any statement that is made in an December 26, 2014 will be subject to 2 CFR part
application. FTA also may request 200. This provision (18.36(c)(2)) has been recodified
emergency medical services (EMS). Pre-
additional documentation or at 2 CFR 200.319(b) and is substantively the same registration is required to attend.
information to be considered during the as 18.36(c)(2). Although Congress did not address DATES: This open meeting will be held
the change in codification in section 418, FTA
evaluation process. The evaluation intends to apply section 418 to grants obligated on
on March 31, 2015, from 1 p.m. to 5:00
committee will provide a or after December 26, 2014 and subject to 2 CFR p.m. EDT, and on April 1, 2015 from, 9
recommendation to the FTA 200.319(b). a.m. to 12 p.m. EDT. A public comment
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Document Created: 2018-02-21 09:33:23
Document Modified: 2018-02-21 09:33:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | This pilot program is effective March 6, 2015. | |
| Contact | For technical information: Mr. Michael Harkins, Deputy Assistant General Counsel for General Law, Office, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, 202-366-0590 (telephone), [email protected] (email). | |
| FR Citation | 80 FR 12257 |
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